(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 restriction of nee of vehicles on oertaln hiGhwaYs• Power to close highway temporarily or regulate traffic.
Prevention of damage to highway,.
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 connu,„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 nl. penalty is provided for the offence, be punished, on men 0 ffenow. 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 payment 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.
M iscellaneous.
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.