The West Bengal Highways Act. 1964

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GOVERNMENT OF WEST BENGAL
LEGISLATIVE DEPARTMENT
(2)
48 of 1956.
West Bengal Act XXVIII of 1964
THE WEST BENGAL HIGHWAYS ACT. 1964.
[Passed by the W est Bengal Legislature.]
[Assent of the President was first published in the Calcutta Garette,
fesoraordinary, of the 5th January, 1965J
[5th January, 1960.
An Act to provide for the maintenance and control of
highways, the prevention of encroachments thereon
and the removal of encroachments therefrom, and for
certain other matters connected therewith.
WHEREAS it is expedient to provide for the maintenance
and control of highways, the prevention of encroachments
thereon and the removal of encroachments therefrom, and for
certain other matters connected therewith;
It is hereby enacted in the Fifteenth Year of the leepablie
of India, by the Legislature of West Bengal, as follows:—
CHAPTER I.
Preliminary.
1. (1) This Act may be called the West Bengal High-
ways Act, 1964.
(2) It extends to the whole of West Bengal.
(3) It shall come into force at once.
2. In this Aot, unless there is anything repugnant in
the subject or context,—
(a) "District Magistrate" includes an Additional
District Magistrate;
(6) "encroachment" means any occupation or use of
any highway or part thereof by any unauthorised
person, and includes any projection on, over or
under such highway.
CO "hihway" means any road, street, path, way or
lnd, other than a national highway, within the
meaning of the National Highways Aot, 1956,
which is declared by the State Government to be
a highway under section 3 and includes—
(I) the flanks, footpaths, pavements and drains
adjoining such highway;
Prict‘--indialk 12P.; Beath, ad.
abort t4tle,
extent and
oominenes.
meat.
Definitions.
2 The West Bengal Highways Act, 1964.
Dealers-
tion of
highway.
Public
right to
use a high-
way.
Appoint-
markt of
Highway
Authority.
Powers
and duties
of High-
way
Authority.
Staff of the
Highway
Authority.
Pe mission
to make
encroach-
ment
[West Stn. Act
(Chapter 11.—Declaration of Highways.--Sections 3, 4.—
Chapter 111.—Appointment of Highway Authority and
his functions.—Sections 5-7.—Chapter IV .—Preven-
tion and eemoval of encrroachment.—Section 8.)
(ii) all bridges, culverts, causeways, carriageways
and other structures built on or across such
highway; and
(iii) any land in the possession of the State Govern-
ment or any other authority adjoining such
highway, need or intended to be used for
purposes of the highway;
(d) "Highway Authority" means the authority
appointed under section 5; and
(e) "prescribed" means prescribed by rules made under
this Act.
CHAPTER II.
Declaration of Highways.
3. (1) The State Government may, by notification in
the Official Gazette, declare any road, street, path, way or
land to be a highway.
(2) Such notification may specify the boundaries of such
ighway.
(3) The Highway Authority may demarcate the
boundaries of the highway by placing and maintaining
stones or other suitable marks at intervals all along the
highway in such manner as may be prescribed.
4. The right of the public to use a highway shall be
snbject to the provisions of this Act and the rules made
thereunder.
CHAPTER III.
Appointment of Highway Authority and his functions.
6. The State Government may, by notification in the Official Gazette, appoint one or more officers to be Highway
Authority for the purposes of this Act.
6. Subject to such conditions as may be prescribed, the
Highway Authority shall exercise powers and discharge
duties in accordance with the provisions of this Act.relating
to the maintenance and control of the highways, the preven-
tion of encroachments thereon and the removal of encroach-
ments therefrom, and matters incidental thereto.
7. The State Government may appoint such staff as it deems necessary to assist the Highway Authority.
CHAPTER IV.
Prevention and removal of encroachment.
8. (1) No person shall make any encroachment without
obtaining previous permission in writing of the Highway
Authority or any officer not below the rank of an Assistant
Engineer authorised by him in this behalf.
The West Bengal iltyltways Act, 1964. 3
XXVIII of 1984.]
(Chapter 1V.—Preuention and removal of encroachment.—
Secteons 9, 10.)
(2) The Highway Authority or such officer may, having
due regard to the safety and convenience of traffic and
subject to such condition& and on payment of such fee or
other charge as may be prescribed, grant a permit to riny
person to use or occupy temporarily any land appertaining
to or adjoining a highway for such period as may be
specified therein.
(3) Any person holding a permit granted under sub-
section (2) shall, if required, produce it for inspection
before the Highway Authority or any officer authorised
under sub-section (1) and shall on the expiry of the period
specified therein restore the land under his use or occupation
to its original condition and make over possession thereof to
the Highway Authority or the officer referred to in sub-
section (1).
9. (1) The Highway Authority may esocel any permit
granted under section 8 if—
(a) any fee or charge therefor is not duly paid, or
(b) the purpose for which the permit was granted has
ceased to exist, or
(c) there is breach of any of the terms and conditions
of such permit, or
(d) the land covered by such permit is required by such
Authority, or
(e) the use or the occupation of the land covered by the
permit by the permit-holder is causing impedi-
ment, obstruction or inconvenience to the use of
the highway by the public.
(2) Where the permit is cancelled under clause (b) or
clause (d) of sub-section (1), the permit-holder shall be
entitled to a refund, in respect of the unexpired period of
the permit, of a proportionate amount of any fee or charge
which may have been paid by him.
10. (1) If any person,—
(a) is found to have made au encroachment on any road,
street, path, way or land which is declared to be
a highway under sub-section (1) of section 3, or
(b) makes an encroachment on a highway in contraven-
tion of the provisions of section 8, or
(c) does not remove an encroachment on the expiry or
cancellation of any permit granted to him,
the Highway Authority or any officer authorised by him
in this behalf shall serve a notice on him requiring him to
remove the encroachment and restore the highway to its
original condition within the period specified in the notice.
(2) If the encroachment is not removed within the time
specified in the notice, the Highway Authority or the _o fh9er
authorised under sub-section (1) may make an application
to a Magistrate of the first class, having jurisdiction over
the area, not being the District Magistrate, for removal of
the encroachment and delivery of possession of the land
encroached upon to the Highway Authority or such officer.
Power to cancel per. mission.
Removal of encroach-meat.
Resevery
of oost of
removal of
encroach.
most.
Restriction
en the use
of land
adjoining a
highway
for the
prevention
of obstcno-
Sion .1 Vanr.
4 The West Bengal Highways Aot, 1984.
[West Bee. Act
(Chapter 1V—Prevention and removal of encroachment.—Section 11.
—Chapter V .—Buppkmental proviaiona to secure safety of
traffic and prevention of damage to highways.-8ec.tion 12.)
(3) Such Magistrate may, on receiving the application
and after notice to the person responsible for the encroach-
ment and on taking such evidence, if any, as he thinks fit,
make an order authorising the authority or officer to recover
possession and remove the encroachment in question and
may, if necessary, direct the police to assist in the enforce-
ment of the order.
(4) If the person responsible for the encroachment is
aggrieved by the order of the Magistrate made under sub-
section (3) he may, within fifteen days from the date of the
Magistrate's order, appeal to the District Magistrate. The
District Magistrate shall, after hearing the parties, make
an order affirming, modifying or setting aside the order
made under sub-section (3).
11. (1) Any cost incurred by the Highway Authority or
the officer authorised under sub-section (1) of section 10 in
removing any encroachment shall be recoverable from the
person responsible for the encroachment in the manner here-
inafter provided after giving him an opportunity of making
any representation he may wish to make in the matter.
(2) A notice of demand for such cost shall be served by
such authority, or officer on such person requiring payment
of the same within such time as may be specified in the
notice.
Uri If such person pays the cost of removal within the
time specified in the notice referred to in sub-section (2), the
materials if any, obtained on removal of the encroachment
Anil be made over to him.
t4) If such person fails to pay up the amount of oost
within the time specified, such materials may be sold in the
manner prescribed and the proceeds appropriated towards the
coat of removal, and the balance, if any, shall be made over to
such person.
(5) If the proceeds do not cover the amount of cost the
deficiency, or if there are no materials to be sold and if the
amount of cost has not been paid within the time specified
in the notice referred to in sub-section (2), the amount of
east shall be recoverable from the person responsible for
the encroachment as a public demand.
CHAPTER V.
Supplemental provisions to secure safety of baffle and
prevention of damage to highways.
12. (1) If any person, owning land adjoining a high-
way near a bend or a corner thereof, intends to construct a
building or structure thereon, he shall make an application
to the Highway Authority, in such form and with such
particulars as may be prescribed, for approval, authorising
such construction.
The West Bengal Highways Act, 1964. 5
XXVIII et INS.)
fdl'hapter V .--Supplemental provisions to secure safety of
traffic and prevention of damage to highways.—
Sections 13-16.)
(2) If the Highway Authority is satisfied that such
construction will not obstruct the view of persons using the
highway, he shall give such approval.
(3) If the Highway Authority refuses tA, give such
approval, he shall communicate the order of refusal to the
applicant.
(4) The applicant may, within thirty days from the date
on which such order of refusal is communicated to him,
appeal to the State Government.
(6) The State Government may, after giving an oppor-
tunity to the applicant to be heard, dismiss the appeal, or allow it and give such approval.
(6) If the appeal is dismissed the State Government may,
of its own motion or at the request of the owner, acquire the
land or
in force
thereof in accordance with any law for the
time being force for the purposes of the highway.
(7) The State Government may authorise an o ffi cer, not
below the rank of au Additional District Judge or an Addi-
tional District Magistrate, to hear and dispose of an appeal
referred to in sub-section (4 1
13. Where a highway or any portion thereof is rot
designed to carry vehicles of which the laden weight exceeds
such limit as may be fixed by the Highway Authority in
this behalf, he may, subject to such conditions as may to
prescribed, prohibit or restrict the plying of such vehicles
on or over such highway or such part of the highway.
14. (1) If any portion of a highway is in need of
immediette repairs or is or has been rendered unsafe for
vehicular or pedestrian traffic by reason of damage or other-
wise, the Highway Authority may, subject to such conditions
as may be prescribed, either close that portion of the high-
way to all traffic or to any class of traffic temporarily for
effecting repairs or protective works, or impose reasonable
restrictions in respect of the speed or laden weight of
vehicles using such portion of the highway.
(2) Where under sub-section (1) the Highway Authority
closes any portion of a highway temporarily, any . land
adjoining such portion of the highway may be requisitioned
or acquired in accordance with any law for the time being
in force for the construction of a temporary diversion road.
(3) Any such temporary diversion road shall be deemed
to be a part of the highway.
15. (1) No person shall cause, by any vehicle or animal
in his charge or otherwise, any damage to or obstruction on
any highway.
(2) The Highway Authority or any officer authorised b3
him (may remove any obstruction from the highway and may,
if necessary, ask the police for assistance in removing such
ebstruelaon.
Prohibition or restric-
tion of nee of
vehicles on oertaln
hiGhwaYs•
Power to
close high-way tem-porarily or
regulate traffic.
Prevention
of damage
to high-way,.
Power to compound
offences.
Certain
persons to
be public
servants.
Bar of
juriedia tion.
6 The West Bengal Highways Act, 1964.
[Wed Bin. Act
(Chapter VI.—Penalties.—Secticna 16-20.—Chapter V.11.—
Alimellaneoas—Sections 21,22.)
CHAPTER VI.
Penalties.
Dieobe- 16. Whoever wilfully disobeys any prohibition or
thence of restriction imposed under section 13 or section 14, or orders, eto. obstructs any person or authority in the discharge of any
functions that such person or authority is required or
empowered under this Act to discharge, shall, on conviction,
be punished with fine which may extend to five hundred
rupees.
Penalty 17, Whoever wrongfully removes or tampers with any for stones or marks placed by the Highway Authority for
a rem"'

demarcating the boundaries of any highway shall, on con-
nu,„b°undak, rY viction, be punished with fine which may extend to one
hundred rupees.
Canning 18. Whoever in contravention of sub-section (1) of
mag ° to section 15 causes any damage to or obstruction on any highway.. highway, shall, on conviction, be punished with fine which
may extend to one thousand rupees and shall in oddition
be liable to pay the cost of repair of such damage or the
cost of removal of such obstruction, as the case may be.
General 19. Whoever contravenes any provision of this Act or
provision of any rule or order made thereunder shall, if no other
n l. penalty is provided for the offence, be punished, on men 0 ffe no w. conviction,—
(a) for a first offence with fine which may extend to five
hundred rupees,
(b) for a subsequent offence with fine which may extend
to one thousand rupees.
20. An offence committed by any person under this Act
may be compounded by the Highway Authority on payment
of such sum as such Authority may determine and on pay-
ment thereof—
(a) no proceedings shall be commenced against such
person; and
(6) if any proceedings have already been commenced
against such person, such proceedings shall not
be further proceeded with.
CHAPTER VII.
Miscellaneous.
21. The Highway Authority and the officers and other
persons authorised or appointed under this Act shall be
deemed to be public servants within the meaning of
section 21 of the Indian Penal Code. 45 of 1880
22. No Civil Court shall have. jurisdiction ill respect of
any matter which the Highway Authority, or an officer or
person authorised under this Act is empowered to deal with
under the provisions of this Act.
The West Bengal Highways Act, 1964.
XXVIII of 1914.1
(Chapter VII.—.6fiecellaneoue.--Sectiorse 23-26.)
23. No suit, prosecution or other legal proceeding's
shall be instituted against any authority or officer or Person
duly authorised under this Act in respect of anything in
good faith done or intended to be done under this Act or the
rules or orders made thereunder.
24. A notice issued under this Act may be served,—
(a) by delivering or tendering it or sending it by post
to the person to whom it is addressed, or to his
agent, or
(b) if such a person or his agent is not found then by
leaving it at his usual or last-known place of
abode or by delivering or tendering it to some
adult male member of his family :
Provided that if the address of such person is not known
or such person cannot be traced at his last-known
address service of notice at the site of the
encroachment shall be deemed to be service on
him for the purposes of this Act.
25. (1) The State Government may, by notification in
the Official Gazette, and subject to the condition of previous
publication, make rules to carry out the purposes of this
Act.
(2) In particular and without prejudice to the generality
of the foregoing power, the State Government may make
rules for all or any of the following matters :—
(a) the conditions referred to in sub-section ( 2) of
section 8 subject to which use or occupation of
any land appertaining to or adjoining a highway
may be permitted;
(b) the conditions subject to which the plying of
vehicles may be prohibited or restricted under
section 13;
(c) the conditions subject to which traffic may be closed
or reasonable restrictions in respect of the speed
or laden weight of vehicles may be imposed under
section 14;
(d) the placing of boundary marks and their
maintenance;
(e) forms of applications and notices under this Act;
(f) fees or charges which may be imposed or levied
under this Act;
(g) discharge of functions under this Act by the High-
way Authority ; and
(h) any other matter which is to be or may be prescribed.
Protection of persons acting in good faith.
Service of oath*.
lower to niake rules.
8 The Welt Bengal Highways Act, 1964.
(Wild Bon. Ad XXVIII of 1$4.]
(Chapter V11. Miscellaneous.—Sections 26-28.)
Savings. 26. Nothing in this Act shall affect—
(a) the rights of any local authority to make any
excavation for the purpose of laying, making,
altering, repairing or renewing any sewer, drain,
water course or other work ; or
(b) the rights of any authority under any law for the
time being in force to erect any support or make
any . excavation for t he purpose of laying,
making, altering, repairing or renewing any
main, pipe, sluice, weir, electric line, duct, drain
or other apparatus in respect of gas, water, electri-
city, railways, tramways or trolly vehicles ; or
(a) any land belonging to a railway administration
when such land is held or used by the railway
administration for the purpose of its railway; or
(d) the powers of the telegraph authority under the
provisions of the Indian Telegraph Act, 1886. 18 of 18811.
Provisions 27. Save as provided in section 26, the provisions of of this sot this Act or rules made thereunder shall have effect not- °r rulu t° withstanding anything to the contrary contained in any prevail
over other law for the time being in force.
inconsistent
provisions in other laws.
Repeal. 28. The Bengal Highways Act,
of
1925, is hereby Ben. AM. ..... in repealed. 19118.
V;r13Gp414/15.407L-611

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