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State of West Bengal - Section

Section 182 in The West Bengal Motor Vehicles Rules, 1989

182. Stands and halting places.

(1)The District Magistrate or 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'.], as the case may be, by notification in the Official Gazette or by the erection of traffic signs which are permitted for the purpose under sub-section (1) of section 16 of the Act, or both, may, in respect of the taking up or setting down of passengers or both by public service vehicles or by any specified class of public service vehicles, -
(i)conditionally or unconditionally prohibit the use of any specified place or any place of a specified nature or class, or
(ii)required that within the limits of any municipality, notified area or cantonment or within such other limits as may be specified in the notification certain specified stands or halting places only shall be so used :
Provided that no place which is privately owned shall be so notified except with the previous consent in writing of the owner thereof.
(2)When a place has been notified or has been demarcated by traffic signs, or both as being a stand or halting place for the purpose of this rule, notwithstanding that the land is in possession of any person, the place shall subject to the provisions of these rules, be deemed to be a public place within the meaning of the Act and the District Magistrate or the Secretary to the Government of West Bengal or any other officer authorised by him or 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'.] may enter into an agreement with, or grant a licence to any person for the maintenance of such place including the provision for maintenance of the building or works necessary thereto, subject to the termination of the agreement or licence forthwith upon the breach of any condition thereof and may otherwise give directions for the conduct of such place including directions-
(i)specifying the realisation of fees referred to in rule 183 of these rules from the owners of public service vehicles using the place;
(ii)specifying the public service vehicles or the class of public service vehicles which shall use the place or which shall not use the place;
(iii)appointing a person to be the manager of the place and specifying the poWers and duties of the manager;
(iv)requiring the owner of the land, or the local authority, as the case may be, to erect such shelters, lavatories and latrines and to execute such other works as may be specified in the rules or in the direction and to maintain the same in a serviceable, clean and sanitary condition;
(v)prohibiting the use of such place by specified persons or by other than specified persons.
(3)Nothing in sub-rule (2) shall require any person owning the land which has been specified as a stand or halting place, to undertake any work or incur any expenditure in connection therewith without his consent and, in the event of any such person declining to carry out such work or to incur such expenditure or failing to comply with any rule or direction made or given to him under this rule, the authority as mentioned in sub-rules (1) and (2) above may prohibit the use of such a place for the purposes of this sub-rule.