National Highway Authority (NHA) Act, 1991
Summary
The National Highway Authority Act, 1991 establishes the National Highway Authority (NHA), the federal body responsible for planning, developing, operating and maintaining Pakistan's national highways, motorways and strategic roads. Section 3 sets it up as a body corporate headquartered in Islamabad, and Section 4 defines its purpose as planning, promoting, organising and implementing construction, development, repair and maintenance programmes for roads specially entrusted to it by the Federal or a Provincial Government.
The governance structure has been substantially restructured by a 2024 amendment, which the extract reflects: Section 5 now establishes a National Highway Council with an independent Chairman appointed by the Federal Government, three ex-officio members (secretaries of the Finance, Planning Development & Special Initiatives, and Communications Divisions or their nominees), the Chief Executive Officer, and five independent members from the private sector appointed for their skills and experience - with independent members required to remain a majority. Section 6 gives the Council responsibility for approving five-year and annual plans, maintenance plans, national policy guidelines, and the annual budget, on the recommendation of an Executive Board (Section 7). This restructuring also brought NHA's governance under the State-Owned Enterprises (Governance and Operations) Act, 2023, which Section 3(4)-(5) says prevails over this Act in case of inconsistency.
Section 2 defines important terms added or updated in 2024: a "motorway" is a fully controlled-access road built for high-speed traffic, not serving properties directly and free of level crossings, that the Federal Government has formally notified as such; a "National Highway" is a road designated for inter-provincial or cross-border connectivity; and a "strategic road" is one of strategic or defence importance. Chapter III (Sections 10-12) gives the Authority powers to prepare plans and schemes and to eject people occupying land without authorisation. Chapter IV covers staffing: officers and employees are deemed public servants (Section 15), the Industrial Relations Ordinance, 1969 does not apply to the Authority's staff (Section 17), and the Authority is treated as a "local authority" for certain purposes (Section 19).
Section 25 allows NHA to recover unpaid dues as if they were arrears of land revenue. Section 26 treats land acquisition for the Authority's projects as acquisition for a "public purpose" under the Land Acquisition Act, 1894. Section 29 gives authorised persons power to enter land to survey, take levels, or mark boundaries, though anyone entering an enclosed courtyard or garden attached to a dwelling house must first give at least twenty-four hours' written notice and get the occupant's consent. Section 30 protects the Authority, its Chairman, and its officers from suits over acts done in good faith under the Act.
Because this Act has been substantially amended - most recently and significantly by Act IX of 2024, which changed the Authority's governing bodies, added new defined terms, and tied it to the newer State-Owned Enterprises framework - readers should treat the governance details here as reflecting the current (post-2024) structure but verify against the latest official text, especially the precise composition of the Council and Executive Board and any newly notified national highways, motorways or strategic roads listed in the Schedule.