The Hooghly River Bridge Act, 1969

GOVERNMENT OF WEST BENGAL Legislative Department West Bengal Act XXXVI of 1969 THE HOOCHLY RIVER BRIDGE ACT, 1969. [Passed by the West Bengal Legislature.] [15th November, 1969.] [Assent of the President was first published in the Calcutta Gazette, Extraordinary, of the 15th November, 1969.] An Act to re-enact, with modification, the provisions of the Hooghly River Bridges Act, 1968. Presi- WHEREAS the Hooghly River Bridges Act, 1968, providing dent's Aot for the construction, maintenance and control of bridges 32 of across the river Hooghly within the Port of Calcutta was 1968. enacted by the President of India during the period of operation of the Proclamation issued by the President of India on the 20th day of February, 1968, under article 356 of the Constitution of India in relation to the State of West Bengal; Arrn WHEREAS it is expedient to re-enact, with modifica- tion, the provisions of the said Hooghly River Bridges Act, 1968; It is hereby enacted in. the Twentieth Year of the Republic•. of India, by the Legislature of West Bengal, as follows : 1. (1) This Act may be called the Hooghly River Short title Bridge Act, 1969.(cid:9) and appli- cation. (2) It shall apply to the Port of Calcutta as defined, from 15 of 1908. time to time, under section 5 of the Indian Ports Act, 1908. 2. In this Act, unless the context otherwise requires,--- Defini. mom. (a) "bridge" includes a tunnel; (b) "Chairman" includes a Vice-Chairman, if any, appointed by the State Government under sub- section (3) of section 3; (c) "Commissioners" means the Hooghly River Bridge Commissioners, referred to in sub-section (1) of section 3; (d) "notification" means a notification published in the Official Gazette; (e) "prescribed" means prescribed by rules made under this Act. 2(cid:9) The Hooghly River Bridge Act, 1969., [West Ben. Act (Sections 3-7.) Provi- 3. (1) The duty of carrying out the provisions of this sions of Act shall, subject to such conditions and limitations as the the Act to State Government may, by notification in the (*moll Gazette be carried out by think fit to impose, be vested in a body of Commissioners to Commis- be called the Hooghly River Bridge Commissioners. sioners. (2) The Commissioners shall be a body corporate having perpetual succession and a common seal with power to acquire, hold and dispose of property, and to enter into any contract and shall by the said name sue and be sued. (3) The body of Commissioners shall consist of a Chair- man and such number of other members as the State Gov- ernment may, by notification, appoint. (4) The Chairman or any other member appointed under sub-section (3) shall be entitled to receive such fees for the performance of his duties under this Act as the State Government may prescribe. Resigna- 4. The Chairman or any other member of the body of tion of Commissioners may resign his office by giving notice in Chairman writing to the State Government and on such resignation and members. being accepted by the State Government he shall be deemed to have vacated his office. Validity 5. No act or proceeding of the Commissioners shall be of acts and invalid by reason only of the existence of any vacancy proceed- amongst its members or any defect in the constitution ings. thereof. Trans-1 6. CO The Commissioners shall meet at such time and action of place and shall, subject to the provisions of sub-sections (2) business. and (3), observe such rules of procedure in regard to tran- saction of business at its meeting as may be prescribed. (2) The Chairman or in his absence the Vice-Chairman, if any, shall preside at a meeting of the Commissioners and in the absence of both the Chairman and the Vice-Chairman the members present shall elect one from amongst them- selves to be the President of the meeting. (3) All questions coming before a meeting shall be decided by the votes of the majority of members present and voting and in the case of. equalityof votes, the person presiding shall have a second or casting vote. Officers(cid:9) 7. (1) The Commissioners may appoint such officers and and(cid:9) other employees as they consider necessary for the efficient other(cid:9) performance of their functions under this Act : employees of the(cid:9) Provided that no post carrying a monthly salary of rupees Commis- one thousand or more shall be created or abolished without sioners.(cid:9) the prior approval of the State Government. (2) The terms and conditions of service of the officers and other employees of the Commissioners including their scales of pay shall be such as may be prescribed. The Hooghly River Bridge Act, 1969(cid:9) 3 XXXVI of 1968.] (Sections 8-11.) 8. No person who has, directly or indirectly by himself Of6,cers or his partner or agent, any share or interest in any contract, and other by or on behalf of the Commissioners or in any work under- employees taken by the Commissioners shall become or remain an of the officer or employee of the Commissioners. Commis- sioners not to have any in- terest in contract, etc. 9. Subject to the provisions of sub-section (1) of Functions 3 and section 30 the functions of the Commissioners of Com- Section mission- shall be•- (cid:9) era. (a) to construct bridge or bridges across the river Hooghly, according to such design, of such materials and quality, and at such place or places together with such approaches, as the Com- missioners may, subject to the approval of the State Government, consider suitable; and (b) to maintain, control and improve such bridge or bridges together with the approaches. 10. (1) The Commissioners may, with the previous Power to raise approval of the State Government and subject to such terms loans. and conditions as the State Government may think fit to impose, raise such loans as are necessary for carrying out their functions under this Act. (2) All loans raised under sub-section (1) shall be guaranteed by the State Government as to repayment of principal and payment of interest at such rate as the State Government may, in consultation with the Commissioners, fix at the time the loan is raised. 11. (1) The Commissioners may, for the purpose of Levy of carrying out their functions under this Act, levy, with the tolls. approval of the State Government, tolls at such rates not exceeding the rates specified in sub-section (2) on all types ridge of vehicles and animals passing over or through a b constructed under this Act, as the Commissioners may think fit: Provided that no toll shall be levied on any military or police vehicle, vehicle belonging to the Commissioners for the Port of Calcutta, ambulance car belonging to any local authority or hospital, or fire-fighting vehicle, using such bridge on duty. (2) The maximum rates of toll that may be levied under sub-section (1) shall be as follows, namely :— (a) Lorry, bus or tractor, with or without @ Rs. 1.50 each ; trailer, and similar other heavy vehicles. (b) Tempo, scooter-rickshaw, or any other @ Re. 0.50 each ; power-driven carrier with three or less than three wheels. 4(cid:9) The Hooghly River Bridge Act, 1969. [West Ben. Act (Sections 12, 13.) (c) Car or taxi (with or without trailer)(cid:9) @ Re. 0.75 each ; (d) Motor cycle, scooter, cycle-rickshaw, or @ Re. 0.25 each ; bicycle with a minimum of 3 riders including the person driving. (e) Animal(cid:9) • •(cid:9) • •(cid:9) @ Re. 0.10 each. (3) For the purpose of levy of tolls under sub-section (1) , the Commissioners may establish such number of toll-bars as they consider necessary and may undertake collection of tolls through such officers as may be appointed by them for the purpose. Table 12. The Commissioners shall, by notification, publish of tolls a table of tolls to be levied under sub-section (1) of section 11 to be and shall cause copies of such table legibly written in published English, Bengali and Hindi to be hung up in some conspi- and hung up. cuous place near every toll-bar for the information of all persons required to pay such tolls. Power for 13. (1) Any person appointed to collect tolls may refuse recovery any vehicle or animal to pass through a toll-bar until the of tolls. toll due on such vehicle or animal, as the case may be, has been paid. (2) If the toll due on any vehicle or animal is not paid on demand the person appointed to collect the same may, without prejudice to the liability of any person for prosecu- tion under any provision of this Act, seize the vehicle or animal, or such part of its load, if any, as may be sufficient in value to defray the toll, and if any toll remains unpaid for twenty-four hours, with the cost arising from such seizure, the case shall be brought before such officer as may be appointed by the Commissioners to superintend the collec- tion of the said toll, who may, after issue of notice to hold a sale by auction not later than noon of the third following day, exclusive of Sunday or any closed holiday, sell the property seized for discharge of the toll and all expenses occasioned by such non-payment, seizure and sale and cause any balance that may remain, to be returned, on demand, to the owner of the property: Provided that if at any time before the sale has been con- cluded, the person whose property has been seized tenders to the officer holding the sale, the amount of all the expenses incurred and double the toll payable, the said officer shall forthwith release the property seized. (3) If the load or part thereof seized under sub-section (2) consists of articles which are subject to speedy and natural decay, or consists of livestock, the same may forthwith be sold and the sale-proceeds dealt with in the manner specified in sub-section (2). The Hooghly River Bridge Act, 1969.. XXXVI of 1969.1 (Sections 14-18.) (4) Notwithstanding anything contained in this section, the surplus of the sale-proceeds of any property seized under this section may be utilised for the payment of any fine imposed for contravention of the provisions of section 14, and any property which has been seized under this section may be sold for the realisation of any such fine. 14. No person taking through a toll-gate any vehicle or Prohibi- animal shall refuse to pay the toll due on such vehicle or tion of animal or shall fraudulently avoid payment of such toll. refusal or avoidance of pay- ment of toll. 15. No person who is appointed under this Act to collect Prohi- tolls shall demand or take any toll other than that authorised. bition of under this Act. taking unautho- rised tolls. 16. The Commissioners may compound for any period not Compo- exceeding one year at a time, with any person for a certain sition in Film to be paid by such person for a fixed number of vehicles reespect of tolls. or animals to be taken by him through a toll-gate, in. lieu of the ordinary toll payable. 17. All police-officers shall be bound to assist the toll- Police- collectors when required, and, for that purpose, shall have °Moors the same powers as they have in the exercise of their ordinary to assist. police duties. 18. (1) The Commissioners shall maintain a fund to be The called the Hooghly River Bridge Fund and credit shall be Hooghly given to the said fund of any income derived from— River Bridge (a) grant from Government or any other source; Fund. (b) loans from Government or any other source; (c) issue of debentures; (d) tolls collected under this Act ; and (e) any other source as may be approved by the State Government. (2) All moneys belonging to the said Hooghly River Bridge Fund shall vest in the Commissioners in trust for the purposes of this Act. (3) The State Government may, by rules, provide for the manner of payment of moneys into the said Hooghly River Bridge Fund and for the investment, custody and disburse- ment of such moneys. The Hooghly River Bridge Act, 19694 [West Ben. ACt (Sections 19-22.) Accounts 19. The Commissioners shall keep an account of all the and audit. receipts and expenditure in such manner and in such form as the State Government may prescribe and the account shall be examined and audited annually by an auditor or auditors appointed by the State Government. 20. (1) The Commissioners shall by the first day of March Budget. each year cause to be prepared and submitted to the State Government a budget estimate showing in such form as may be prescribed, their anticipated income and expenditure for the next financial year. (2) The State Government shall within thirty days from the date of receipt of the budget estimate either accord its approval to the same or return it to the Commissioners with such comments and suggestions thereon as it deems necessary. (3) The Commissioners shall resubmit the budget estimate to the State Government within fifteen days from the date of receipt thereof together with their replies on the comments and suggestions made by the State Government and the State Government shall after considering these replies return the budget estimate within fifteen days thereafter with or without modifications and the budget estimate shall be deemed to have been finally approved with or without such modifications, as the case may be. (4) If the State Government does not accord its approval to the budget estimate within thirty days of the receipt thereof for such approval or within fifteen days of the resub- mission thereof with or without modification, the said estimate shall be deemed to have been approved by the State Govern- ment in the form in which it was last submitted to the State Government. Supple- 21. The Commissioners may, at any time during the mentary year for which any budget estimate has been prepared and budget. approved under section 20, cause a supplementary estimate to be prepared and submitted to the State Government for approval in the same manner as if it were an original budget estimate. 22. If, in the opinion of the State Government, the Powers Commissioners have made default in the performance of their in ease of default duties under this Act, the State Government may, by notifica- by Com- tion, dissolve the body of Commissioners constituted under mission- section 3 and may, by notification, constitute another body of ers. Commissioners or take under its own management the con- struction, maintenance, improvement and control of any bridge or bridges constructed under this Act together with the approaches thereto and also the arrangements for the service and repayment of any loan raised under this Act, and thereupon all the powers conferred and duties imposed by this Act upon the Commissioners and all contracts entered into or liabilities incurred by the Commissioners under this pet shall be deemed to he transferred to the Commissioners The Hooghly River Bridge Act, 1969.1(cid:9) 7 xXXVI of 1989.] (Sections 23-25.) reconstituted as aforesaid or to the State Government, as the ease may be, and the Commissioners so reconstituted or the State Government, as the case may be, may take possession of the bridge or bridges constructed under this Act and the approaches thereto and of all properties and moneys vested by this Act in the Commissioners : Provided that before proceeding under this section the State Government shall give a reasonable opportunity to the Commissioners to show cause as to why the proposed action shall not be taken. 23. Lands required for the construction of any bridge Land and under this Act including its foundations, approaches and structures of bridges slopes or for any improvement thereof together with all when to be structures on such lands forming part of such bridge which exempt vest in the Commissioners,— from or when to (i) shall be exempt, or be liable to munici- (ii) shall not be exempt, pal taxation. West from the rate or rates leviable under the Calcutta Municipal Bengal Act, 1951, the Calcutta Municipal Act, 1923, as extended to Act the Municipality of Howrah, the Howrah Municipal Act, XXXIII of 1951. 1965, the Bengal Municipal Act, 1932 or the Chandernagore Bengal Municipal Act, 1955, as the case may be, according as— Act III of 1923. (i) they are not, or West (ii) they are, Bengal Act XVII let out to tenants or otherwise utilised for deriving income. of 1965. Bengal Explanation,.—In this section, the expression "i amine" Act XV does not include income from levy of tolls. of 1932. West Bengsl Act XVII i of 195 ;. 24. Any land, with or without structures thereon, required Compul- by the Commissioners for carrying out their functions under sory ac- quisition this Act may be acquired under the provisions of the Land of land. I of 1894. Acquisition Act, 1894 and any such acquisition shall be deemed to be acquisition for a "public purpose" within the meaning of clause U) of section 3 of that Act. 25. No person shall be entitled to any compensation Indem- for any loss or injury which he may sustain by reason of nity. any obstruction to tire navigation of the river Hooghly which may be caused by operations connected with the construction of any bridge or approaches under this Act or with the repair of such bridge or approaches or for any interference with any rights vested or otherwise, which may result from operations connected with such construction or repair. 8(cid:9) The Hooghly River Bridge Act, 1969. [West Ben. Act (Sections 26-29.) Protec- 26. No suit or other legal proceeding shall lie against tion of the Commissioners for any damage caused or likely to be action caused and no suit, prosecution or other legal proceeding taken shall lie against any person in the employment of the under the Act. Commissioners, for anything in good faith done or purported to be done under this Act. Power 27. The Commissioners may, for the purpose of carry- undo rtake ing out their functions under this Act, undertake survey survey of any area and for that purpose it shall be lawful for any officer of the Commissioners or the workmen of such officers— (a) to enter upon and take level of any land; or (b) to dig or bore into the sub-soil; or (c) to mark levels and boundaries by placing marks and cutting trenches ; or (d) where otherwise the survey cannot be completed and levels taken and boundaries marked, to cut down and clear away any part of any standing crop, fence or jungle: Provided that before entering upon any land, the Commissioners shall give notice of their intention to do so to the owner or occupier of the land in such manner as may be prescribed. Power to 28. (1) In order to ensure the safety of any bridge or prohibit the approaches thereto constructed under this Act, the sinking Commissioners may, after consultation with the chief of or executive officer of the municipal body concerned, the direct removal General Manager of the Calcutta Metropolitan Water and of tube- Sanitation Authority and the Commissioners for the Port wells. of Calcutta, by notification, prohibit the sinking of tube- wells within such distance from the piers of such bridge as may be specified in the notification. (2) The Commissioners may, by order to be served in such manner as may be prescribed, direct the removal, within such time as may be specified in the order, of any tube-well which is, in their opinion, likely to endanger the safety of any bridge or approaches constructed under this Act. Penalty.(cid:9) 29. (1) Whoever (cid:9) contravenes the provisions(cid:9) of section 14 or section 15 shall be punishable with fine which may extend to fifty rupees. (2) Whoever contravenesthe provisions of any noti- fication issued under sub-section (1) of section 28 or fails to comply with any direction made under sub-section (2) of that section shall be punishable with fine which may extend to five hundred rupees and in the case of a continuing contravention or failure, with additional fine which may extend to fifty rupees for every day during which such contravention or failure continues after conviction for the first such contravention or failure. The Hooghly River Bridge Act, 1969.(cid:9) 9 XXXVI of 1969.] :;1"), 31.) 30.(cid:9) k! State Government may, after consultation Direo- with the t'ommissioners, give to the Commissioners such tions by State directions relating to the performance of their functions and Govern- duties under this Act as appear to the State Government to be requisite in the public interest and the Commissioners shall give effect to such directions. 3.1. • (1) The State Government may., by notification, Power to make rules for carrying out the purposes of this Act. make mks. (2) In particular; and without prejudice to the generality of the foregoing- power, such rules may provide for all or any of the matters which are to be or may, under any provision of this Act, be required to be provided for by rules. (3) Any rule made under this. Act may provide that any person committing a breach thereof shall, on conviction, be punishable with fine which may 'extend to one hundred rupees and in the case of a continuing breach with an addi- tional fine which may extend to twenty-five rupees for every day during which such breach continues after conviction for the first such breach. wBcip.70;71 -66A-5AI am&