The West Bengal Closing Of Canals Act, 1959

GOVERNMENT OF WEST BENGAL 
Law Department 
Legislative 
West Ben, 
Act 
XXXIII 
of 1951. 
Ben. Act 
XV of 
1932. 
West Bea 
Act XVI] t: 
of 1955. 
West Bengal Act II of 1959 
THE WEST BENGAL CLOSING OF CANALS ACT, 1959. 
[Passed by the West Bengal Legislature.] 
[Assent of the Governor was first published in the Calcutta Gazette, Extraordinary, of the 20th March, 1959.] , 
[20th March, 1959.] 
An Act to provide for the closing and filling up of the 
Circular Canal and the New Cut Canal. 
WHEREAS it is expedient in the public interest to close and 
fill up the Circular Canal and the New Cut Canal for the 
promotion of public health in the city of Calcutta and in the 
neighbouring areas; 
It is hereby enacted in the Tenth Year of the Republic of 
India, by the Legislature of West Bengal, as follows 
1. (2) This Act may be called the West Bengal Closing 
of Canals Act, 1959. 	
an title 
d 
Short  
commence- 
(2) It shall come into force on such date as the State rent. 
Government may, by notification in the Official Gazette, appoint. 
2. In this Act, unless there is anything repugnant in the subject or context,— 
(a) "canal" means the Circular Canal or the New Cut Canal; 
(6) "Circular Canal" means the still-water locked canal 
commencing from its junction with the river 
Hooghly across the Chitpur Lock in the eastern 
water-line of the Hooghly and terminating at its 
junction with the New Cut Canal near Dhapa, 
together with the whole of the canal more or less 
1,328 feet in length, commonly known as the 
`Orange Soorah', and includes all lands on the 
banks of the canal which have been acquired by 
the State Government for the purposes of the canal ; and 
'Price—Indian, 12 nP. ; English, 3d. 
Definitions. 
Closing and 
filling up 
of canals 
and closing 
of canal 
side roads 
to traff ic. 
2 	 The West Bengal Closing of Canals Act, 1959. 
[West Ben. Act II of 1959.] 
(Sections 3-5.) 
(c) "New Cut Canal" means the line of navigation which 
takes off from the Circular Canal at Tiltadanga 
and terminates at its outfall into the Central Lake 
Channel near the Dhapa Lock, and includes all 
lands on the banks of the canal which have been 
acquired by the State Government for the purposes 
of the canal. 
3. (1) Notwithstanding anything contained in any other 
law for the time being in force or in any contract, custom or 
usage having the force of law, it shall be lawful for the State 
Government, at any time after the expiry of one 
month from the date of commencement of this Act, by order 
published in the Official Gazette, from time to time, to direct 
that— 
any canal or part thereof be permanently closed and 
be filled up by such agency as the State Govern-
ment may think fit to employ, and 
(b) the roads by the side of such canal or part, which are 
the property of the State Government, be closed to 
traffic either permanently or temporarily : 
Provided that before closing any road the State Govern-
ment shall make such arrangements as it 
considers necessary, for communication in the 
area served by such road. 
(2) When, in pursuance of the provisions of sub-section (1), 
any canal or part thereof is closed and filled up or any canal 
side road is closed to traffic, the State Government may deal 
with the space covered by such filled up canal or part thereof 
or by such road, in such manner as it may consider fit. 
No corn- 	 4. No suit or other legal proceeding shall lie against the pensation State Government in respect of any injury or damage caused 
f°/. 	 da-  by, or resulting from stoppage of navigation in the canals or mage. of use of the canal side roads, or any act done under this Act. 
Indemnity. 	 5. No suit, prosecution or other legal proceeding shall 
lie against the State Government or any officer of the State 
Government or other person in respect of any act which is in 
good faith done or intended to be done under this Act. 
WBGP-59/60.I003A-531 
(a) 

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