The Hooghly River Bridge Act, 1969

Presi-
dent's Aot 
32 of 
1968. 
15 of 1908. 
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. 
WHEREAS the Hooghly River Bridges Act, 1968, providing 
for the construction, maintenance and control of bridges 
across the river Hooghly within the Port of Calcutta was 
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. 	 and appli- 
cation. 
(2) It shall apply to the Port of Calcutta as defined, from 
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. 
Provi-
sions of 
the Act to 
be carried 
out by 
Commis-
sioners. 
2 	 The Hooghly River Bridge Act, 1969., 
[West Ben. Act 
(Sections 3-7.) 
3. (1) The duty of carrying out the provisions of thi s  
Act shall, subject to such conditions and limitations as the 
State Government may, by notification in the (*moll Gazette 
think fit to impose, be vested in a body of Commissioners to 
be called the Hooghly River Bridge Commissioners. 
(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. 
4. The Chairman or any other member of the body of 
Commissioners may resign his office by giving notice in 
writing to the State Government and on such resignation 
being accepted by the State Government he shall be deemed 
to have vacated his office. 
5. No act or proceeding of the Commissioners shall be 
invalid by reason only of the existence of any vacancy 
amongst its members or any defect in the constitution 
thereof. 
Resigna-
tion of 
Chairman 
and 
members. 
Validity 
of acts and 
proceed-
ings. 
Trans-1 
action of 
business. 
6. CO The Commissioners shall meet at such time and 
place and shall, subject to the provisions of sub-sections (2) 
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 	 7. (1) The Commissioners may appoint such officers and 
and 	 other employees as they consider necessary for the efficient other 	 performance of their functions under this Act : employees 
of the 	 Provided that no post carrying a monthly salary of rupees Commis- 
sioners. 	 one thousand or more shall be created or abolished without 
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 	 3 
XXXVI of 1968.] 
(Sections 8-11.) 
8. No person who has, directly or indirectly by himself 
or his partner or agent, any share or interest in any contract, 
by or on behalf of the Commissioners or in any work under-
taken by the Commissioners shall become or remain an 
officer or employee of the Commissioners. 
Of6,cers 
and 
other 
employees 
of the 
Commis-
sioners 
not to have 
any in-
terest in 
contract, 
etc. 
9. Subject to the provisions of sub-section (1) o f Functions 
Section 3 and section 30 the functions of the Commissioners of Com- 
shall be•- 	 mission- 
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 
approval of the State Government and subject to such terms 
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 
carrying out their functions under this Act, levy, with the 
approval of the State Government, tolls at such rates not 
exceeding the rates specified in sub-section (2) on all types 
of vehicles and animals passing over or through a b ridge 
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. 
Power to 
raise 
loans. 
Levy of 
tolls. 
4 	 The Hooghly River Bridge Act, 1969. 
Table 
of tolls 
to be 
published 
and hung 
up. 
Power for 
recovery 
of tolls. 
[West Ben. Act 
(Sections 12, 13.) 
(c) Car or taxi (with or without trailer) 	 @ 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 	 • • 	 • • 	 @ 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. 
12. The Commissioners shall, by notification, publish 
a table of tolls to be levied under sub-section (1) of section 11 
and shall cause copies of such table legibly written in 
English, Bengali and Hindi to be hung up in some conspi-
cuous place near every toll-bar for the information of all 
persons required to pay such tolls. 
13. (1) Any person appointed to collect tolls may refuse 
any vehicle or animal to pass through a toll-bar until the 
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 
animal shall refuse to pay the toll due on such vehicle or 
animal or shall fraudulently avoid payment of such toll. 
15. No person who is appointed under this Act to collect 
tolls shall demand or take any toll other than that authorised. 
under this Act. 
Prohibi-
tion of 
refusal or 
avoidance 
of pay-
ment of 
toll. 
Prohi-
bition of 
taking 
unautho-
rised 
tolls. 
16. The Commissioners may compound for any period not Compo-
exceed ing 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 t
reespect of 
olls. 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 
called the Hooghly River Bridge Fund and credit shall be 
given to the said fund of any income derived from— 
(a) grant from Government or any other source; 
(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 
Fund. 
The Hooghly River Bridge Act, 19694 
[West Ben. ACt 
Accounts 
and audit. 
Budget. 
Supple- 
mentary 
budget. 
Powers 
in ease 
of default 
by Com-
mission-
ers. 
(Sections 19-22.) 
19. The Commissioners shall keep an account of all the 
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 
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. 
21. The Commissioners may, at any time during the 
year for which any budget estimate has been prepared and 
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 
Commissioners have made default in the performance of their 
duties under this Act, the State Government may, by notifica-
tion, dissolve the body of Commissioners constituted under 
section 3 and may, by notification, constitute another body of 
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 	 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 
under this Act including its foundations, approaches and 
slopes or for any improvement thereof together with all 
structures on such lands forming part of such bridge which 
vest in the Commissioners,— 
(i) shall be exempt, or 
(ii) shall not be exempt, 
Land and 
structures 
of bridges 
when to be 
exempt 
from or 
when to 
be liable 
to munici-
pal 
taxation. 
West 
Bengal 
Act 
XXXIII 
of 1951. 
Bengal 
Act III of 
1923. 
West 
Bengal 
Act XVII 
of 1965. 
Bengal 
Act XV 
of 1932. 
West 
Bengsl 
Act 
XVII i 
of 195 ;. 
from the rate or rates leviable under the Calcutta Municipal 
Act, 1951, the Calcutta Municipal Act, 1923, as extended to 
the Municipality of Howrah, the Howrah Municipal Act, 
1965, the Bengal Municipal Act, 1932 or the Chandernagore 
Municipal Act, 1955, as the case may be, according as— 
(i) they are not, or 
(ii) they are, 
let out to tenants or otherwise utilised for deriving income. 
Explanation,.—In this section, the expression "i amine" 
does not include income from levy of tolls. 
I of 1894. 
24. Any land, with or without structures thereon, required 
by the Commissioners for carrying out their functions under 
this Act may be acquired under the provisions of the Land 
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 
for any loss or injury which he may sustain by reason of 
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. 
Compul-
sory ac-
quisition 
of land. 
Indem-
nity. 
Protec-
tion of 
action 
taken 
under the 
Act. 
Power 
undo rtake 
survey 
Power to 
prohibit 
sinking 
of or 
direct 
removal 
of tube-
wells. 
8 	 The Hooghly River Bridge Act, 1969. 
[West Ben. Act 
(Sections 26-29.) 
26. No suit or other legal proceeding shall lie against 
the Commissioners for any damage caused or likely to be 
caused and no suit, prosecution or other legal proceeding 
shall lie against any person in the employment of the 
Commissioners, for anything in good faith done or 
purported to be done under this Act. 
27. The Commissioners may, for the purpose of carry-
ing out their functions under this Act, undertake 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. 
28. (1) In order to ensure the safety of any bridge or 
the approaches thereto constructed under this Act, the 
Commissioners may, after consultation with the chief 
executive officer of the municipal body concerned, the 
General Manager of the Calcutta Metropolitan Water and 
Sanitation Authority and the Commissioners for the Port 
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. 	 29. (1) Whoever 	 contravenes the provisions 	 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. 	 9 
XXXVI of 1969.] 
:;1"), 31.) 
30. 	 k! State Government may, after consultation 
with the t'ommissioners, give to the Commissioners such 
directions relating to the performance of their functions and 
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, 
make rules for carrying out the purposes of this Act. 
(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. 
Direo-
tions by 
State 
Govern- 
Power to 
make 
mks. 
wBcip.70;71 -66A-5AI 
am& 

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