Section 286 in The West Bengal Motor Vehicles Rules, 1989
286. Vehicles abandoned on the road.
(1)if any motor vehicle is allowed to stand in any place other than a duly appointed parking place in such a way as to cause undue obstruction to traffic or danger to any person, any police officer or any Motor Vehicles Inspector may -(i)forthwith cause the vehicle to be moved under its own power or otherwise to the nearest place where the vehicle will not cause undue obstruction or danger;(ii)unless it is moved to a position where it will not cause obstruction or danger, take all reasonable precautions to indicate the presence of the vehicle; and(iii)if the vehicle has been stationary in one place for a continuous period of twelve hours within municipal areas and twenty-four hours elsewhere and adequate steps have not been taken for its repair or removal by the owner or his representative, remove the vehicle and its contents to the nearest place of safe custody.(2)If a motor vehicle has been stationary in a duly appointed parking place for a period exceeding that specified by competent authority in respect of the said place, or, if on such period has been specified, for a period exceeding six hours, any police officer may remove the vehicle to the nearest place of safe custody.(3)Notwithstanding any fine or penalty which may be imposed upon any person upon conviction for the contravention of the provisions of section 127 of the Act or of any regulations made by a competent authority in relation to the use of duly appointed parking places, the owner of the motor vehicle or his heirs or assigns shall be liable to make good any expense incurred by any police officer in connection with the moving, lighting, watching or removal of a vehicle or its contents in accordance with sub-rules (1) and (2) and any police officer, or any person into whose custody the vehicle has been entrusted by any police officer, shall be entitled to detain the vehicle until he has received payment accordingly and shall upon receiving such payment, give a receipt to the person making the payment.(4)The owner of the motor vehicle or his heirs or assigns may, within 14 days from the date of the payment referred to in sub-rule (3), challenge the correctness or otherwise of the amount realised as expenses incurred by the police officer under that sub-rule by a statement in writing delivered to the Commissioner of Police, [Kolkata] [Substituted vide section 5 of the West Bengal Capital City (Change of Name) Act, 2001 (West Bengal Act 18 of 2001) (w.r.e.f. 1.1.2001) for the word 'Calcutta'.], or to the District Magistrate, according as such payment is made in the City of [Kolkata] [Substituted vide section 5 of the West Bengal Capital City (Change of Name) Act, 2001 (West Bengal Act 18 of 2001) (w.r.e.f. 1.1.2001) for the word 'Calcutta'.] (including suburbs) or elsewhere.(5)Upon receipt of such statement, the Commissioner of Police, [Kolkata] [Substituted vide section 5 of the West Bengal Capital City (Change of Name) Act, 2001 (West Bengal Act 18 of 2001) (w.r.e.f. 1.1.2001) for the word 'Calcutta'.], or the District Magistrate, as the case may be, shall cause such enquiries to be made as appear to be necessary to satisfy himself as to the correctness or otherwise of the amount realised as expenses by the police officer under sub-rule (3) and shall pass such orders thereon as he deems fit.(6)If the Commissioner of Police, [Kolkata] [Substituted vide section 5 of the West Bengal Capital City (Change of Name) Act, 2001 (West Bengal Act 18 of 2001) (w.r.e.f. 1.1.2001) for the word 'Calcutta'.], or the District Magistrate, as the case may be, is satisfied that the amount so realised is excessive, he shall order a refund to be made to the persons submitting the statement of the amount which he considers to be in excess of the amount which such person is liable to make good under sub-rule (3).
