Motor Vehicles Act Section 116 — Power to erect traffic signs
CHAPTER VIII CONTROL OF TRAFFIC
Civil
Summary
Clause (a) of sub-section (1) allows the State Government, or any authority it has authorised, to put up or allow traffic signs in any public place. These signs are meant to inform the public about speed limits fixed under section 112, prohibitions or restrictions imposed under section 115, or generally to regulate motor vehicle traffic.
Clause (b) of sub-section (1) allows the State Government, or any authority it has authorised, to designate certain roads as main roads. This is done either through a notification in the Official Gazette or by putting up the appropriate traffic sign referred to in Part A of the Schedule, and it is for the purposes of the driving regulations made by the Central Government.
Sub-section (1A) overrides sub-section (1) in specific cases. It allows the National Highways Authority of India, or any other agency authorised by the Central Government, to put up, erect, or remove traffic signs on national highways as provided in the First Schedule, for the purpose of regulating motor vehicle traffic. It also allows them to order the removal of any sign or advertisement that, in their opinion, obscures a traffic sign from view, is so similar in appearance to a traffic sign that it could mislead, or is likely to distract a driver's attention or concentration. The proviso to this sub-section states that for these purposes, the National Highways Authority of India or any other authorised agency may seek assistance from State Government authorities, and the State Government must provide such assistance.
Sub-section (2) states that traffic signs placed or erected under sub-section (1) for any purpose covered by the Schedule must be of the size, colour, and type, and have the meanings, set forth in the Schedule. However, the State Government or any authority empowered by it may add transcriptions of the words, letters, or figures on any sign in such script as the State Government thinks fit, provided these transcriptions are of similar size and colour to the original words, letters, or figures in the Schedule.
Sub-section (3) says that, except as provided by sub-section (1) or sub-section (1A), no traffic sign may be placed or erected on or near any road after the commencement of this Act. However, all traffic signs placed or erected before the commencement of this Act by any competent authority are deemed to be traffic signs placed or erected under sub-section (1) for the purposes of this Act.
Sub-section (4) allows a State Government to empower, by notification in the Official Gazette, any police officer of the rank of Superintendent of Police or above to remove or cause to be removed any sign or advertisement that, in the officer's opinion, obscures a traffic sign from view, is so similar in appearance to a traffic sign as to be misleading, or is likely to distract a driver's attention or concentration.
Sub-section (5) prohibits any person from wilfully removing, altering, defacing, or in any way tampering with any traffic signs placed or erected under this section.
Sub-section (6) requires that if a person accidentally damages a traffic sign in a way that renders it useless for its purpose, that person must report the circumstances of the occurrence to a police officer or at a police station as soon as possible, and in any case within twenty-four hours of the occurrence.
Sub-section (7) allows the Central Government, by notification in the Official Gazette, to make any addition or alteration to the signs set forth in the First Schedule to bring them in conformity with any International Convention relating to motor traffic to which the Central Government is a party. On the issue of such a notification, the First Schedule is deemed to be amended accordingly.
Official Text
(1)
(a) The State Government or any authority authorised in this behalf by the State Government may cause or permit traffic signs to be placed or erected in any public place for the purpose of bringing to public notice any speed limits fixed under sub-section (2) of section 112 or any prohibitions or restrictions imposed under section 115 or generally for the purpose of regulating motor vehicle traffic.
(b) A State Government or any authority authorised in this behalf by the State Government may, by notification in the Official Gazette or by the erection at suitable places of the appropriate traffic sign referred to in Part A of the Schedule, designate certain roads as main roads for the purposes of the driving regulations made by the Central Government. 1[
(1A) Notwithstanding anything contained in sub-section (1), the National Highways Authority of India constituted under the National Highways Authority of India Act, 1988 (68 of 1988) or any other agency authorised by the Central Government, may cause or permit traffic signs, as provided in the First Schedule, to be placed or erected or removed on national highways for the purpose of regulating motor vehicle traffic and may order the removal of any sign or advertisement which in its opinion is so placed as to obscure any traffic sign from view or is so similar in appearance to a traffic sign as to mislead or is likely to distract the attention or concentration of the driver:
Provided that for the purposes of this sub-section, the National Highway Authority of India or any other agency authorised by the Central Government may seek assistance from the authorities of the State Government and the said State Government shall provide such assistance.]
(2) Traffic signs placed or erected under sub-section (1) for any purpose for which provision is made in the Schedule shall be of the size, colour and type and shall have the meanings set forth in the Schedule, but the State Government or any authority empowered in this behalf by the State Government may make or authorise the addition to any sign set forth in the said Schedule, of transcriptions of the words, letters or figures thereon in such script as the State Government may think fit, provided that the transcriptions shall be of similar size and colour to the words, letters or figures set forth in the Schedule.
(3) Except as provided by sub-section (1) 1[or sub-section (1A)], no traffic sign shall, after the commencement of this Act, be placed or erected on or near any road; but all traffic signs placed or erected prior to the commencement of this Act by any competent authority shall for the purpose of this Act be deemed to be traffic signs placed or erected under the provisions of sub-section (1).
(4) A State Government may, by notification in the Official Gazette, empower any police officer not below the rank of a Superintendent of Police to remove or cause to be removed any sign or advertisement which is so placed in his opinion as to obscure any traffic sign from view or any sign or advertisement which is in his opinion so similar in appearance to a traffic sign as to be misleading or which in his opinion is likely to distract the attention or concentration of the driver.
(5) No person shall wilfully remove, alter, deface, or in any way tamper with, any traffic signs placed or erected under this section.
(6) If any person accidentally causes such damage to a traffic sign as renders it useless for the purpose for which it is placed or erected under this section, he shall report the circumstances of the occurrence to a police officer or at a police station as soon as possible, and in any case within twenty-four hours of the occurrence.
(7) For the purpose of bringing the signs set forth in 2[the First Schedule] in conformity with any International Convention relating to motor traffic to which the Central Government is for the time being a party, the Central Government may, by notification in the Official Gazette, make any addition or alteration to any such sign and on the issue of any such notification, 2[the First Schedule] shall be deemed to be amended accordingly.