West Bengal Highways Act, 1964
No: 28 Dated: Jan, 05 1965
THE WEST BENGAL HIGHWAYS ACT, 1964
West Bengal Act XXVIII of 1964
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 as follows:-
CHAPTER I
Preliminary
1. Short title, extent and commencement. - (1) This Act may be called the West Bengal Highways Act, 1964.
(2) It extends to the whole of West Bengal.
(3) It shall come into force at once.
2. Definitions. - In this Act, unless there is anything repugnant in the subject or context, -
(a) "District Magistrate" includes an additional District Magistrate;
(b) "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;
(bb) "Government road" means a road, vested in the Government, or under the control and administration of the Public Works Department of the State Government, and includes -
(i) the slope, berm, borrow-pits and side-drains of any such road;
(ii) all lands and embankments vested in, or under the control and administration of, the said Public Works Department, and attached to a Government road;
(iii) all bridges, culverts or causeways built on or across any Government road; and
(iv) all fences and posts on any Government road or on any land attached to a Government road, and all road-side trees on such land :
Provided that nothing in the definition shall affect the provisions of the Calcutta Municipal Act, 1951, or of any rule or by-law made thereunder, insofar as they empower the Corporation of Calcutta to take action in respect of the Government roads now under the control of the Corporation;
(c) "highway" means -
(1) any Government road, or
(2) any other road, street, path, way or land, other than a national highway within the meaning of the National Highways Act, 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;
(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 Government or any other authority adjoining such highway, used 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. Declaration of highway. - (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 highway.
(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. Public right to use a highway. - The right of the public to use a highway shall be subject to the provisions of this Act and the rules made thereunder.
CHAPTER III
Appointment of Highway Authority and his functions
5. Appointment of Highway Authority. - 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. Powers and duties of Highway Authority. - 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 prevention of encroachments thereon and the removal of encroachments therefrom, and matters incidental thereto.
7. Staff of the Highway Authority. - The State Government may appoint such staff as it deems necessary to assist the Highway Authority.
CHAPTER IV
Prevention and removal of encroachment
8. Permission to make encroachment. - (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.
(2) The Highway Authority or such officer may, having due regard to the safety and convenience of traffic and subject to such conditions and on payment of such fee or other charge as may be prescribed, grant a permit to any 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).