WEST BENGAL TRAFFIC REGULATION ACT, 1965 THE WEST BENGAL TRAFFIC REGULATION ACT, 1965 [Act No. 15 of 1965][1] [7th July, 1965] An Act to provide for the regulation of traffic in streets and
public places and for matters connected therewith. Whereas it is expedient to
provide for the regulation of traffic in streets and public places with a view
to preventing danger, obstruction or inconvenience to the public and for
matters connected therewith; It is hereby enacted in the
Sixteenth Year of the Republic of India, by the Legislature of West Bengal, as
follows:? (1)
This Act may be called the West Bengal Traffic Regulation Act,
1965. (2)
It extends to the whole of West Bengal. (3)
It shall come into force[2] on
such date and in such area as the State Government may, by notification in the
Official Gazette, appoint and different dates may be appointed for different
areas. In this Act the expressions
"public place", "street" and "vehicle" shall have
the meanings assigned to them in the Calcutta Police Act, 1866,(Ben. Act IV of
1866.) unless there be something in the subject or context repugnant to such construction. (1)
The provisions of this Act shall have effect notwithstanding
anything to the contrary contained in any other law. (2)
Subject to the provisions of sub-section (1), the provisions of
this Act shall be in addition to, and not in derogation of, the provisions
contained in any other law for the time being in force. (1)
The State Government or any authority appointed by the State
Government in this behalf may, by order published in the manner prescribed by
rules made under this Act,? (a)
prohibit the plying of any class of vehicles in streets or public
places subject to such conditions as may be specified in the order; (b)
regulate traffic of all kinds in streets or public places and the
use or driving of vehicles in streets or public places with a view to
preventing danger, obstruction or in?convenience to the public; (c)
regulate the conditions under which vehicles may remain standing
in streets or public places and the use of streets as halting places for such
vehicles. (2)
An order made under sub-section (1) shall remain in force until it
is modified or rescinded by the authority making it or by the State Government
if the order has been made by an authority other than the State Government: Provided that an order made
by an authority other than the State Government shall remain in force for such
period not exceeding two months as may be specified in the order, unless,
before the expiry of such period, it is approved by the State Government. (3) The State
Government may, by order published in the manner prescribed by rules made under
this Act, regulate the size, construction or equipment of vehicles for which
there is no provision in any other law. (1)
Any person contravening any order made under any of the provisions
of section 4 shall be punishable with imprisonment for a term which may extend
to three months or with fine which may extend to five hundred rupees, or with
both. (2)
Where a person is convicted of any offence under this Act the
Court may direct that the vehicle in respect of which the offence is committed
shall be forfeited to Government. (3)
Every offence under this Act shall be cognizable and bailable. (1)
Where any police officer or any other public servant not below the
rank of Inspector of Motor Vehicles of the State Government, duly authorised in
this behalf by the State Government, has reason to believe that an offence
under this Act has been committed in respect of any vehicle, he may seize such
vehicle. (2)
On such seizure the police officer or the public servant, as the
case may be, shall arrange in the manner prescribed by rules made under this
Act, or until rules are made, in such manner as he considers proper, for the
custody of the vehicle and shall, as soon thereafter as possible, cause a
report of the seizure to be sent to the nearest Magistrate having jurisdiction
over the area in which the offence has been committed. (3)
Upon receipt of such report and after such enquiries, if any, as
the Magistrate thinks fit, the Magistrate shall either order the vehicle to be
released or pass such orders as he thinks fit for the interim custody of the
vehicle until the case is disposed of. No suit or proceeding shall
lie against the State Government and no suit, proceeding or prosecution shall
lie against any officer of the State Government for anything in good faith done
or intended to be done in pursuance of this Act or any rules or orders made
thereunder. The State Government may
make rules for carrying out the purposes of this Act. [1] For
Statement of Objects and Reasons, see the Calcutta Gazette, Extraordinary, Part
IV A, dated the 6th March, 1965, page 527; for proceedings of the West Bengal
Legislative Assembly, see the proceedings of meeting of that Assembly held on
the 4th May, 1965. [2] Provisions
of this Act came into force to the City of Calcutta and its suburbs and the
district of Howrah on 15th July, 1965, vide Notification No. 7179-W.T., dated
the 12th July, 1965, published in the Calcutta Gazette, Extraordinary, Part I,
dated the 13th July, 1965, page 2438.
Preamble - THE WEST BENGAL TRAFFIC REGULATION ACT, 1965PREAMBLE