Hooghly River Bridge Act, 1969

No: 36 Dated: Nov, 15 1969

THE HOOCHLY RIVER BRIDGE ACT, 1969

West Bengal Act XXXVI of 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;

    And Whereas it is expedient to re-enact, with modification, the provisions of the said Hooghly River Bridges Act, 1968;

    It is hereby enacted as follows:-

1. Short title and application. - (1) This Act may be called the Hooghly River Bridge Act, 1969.

(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. Definitions. - In this Act, unless the context otherwise requires, -

(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;

[(f) "regulations" means regulations made under this Act.]

3. Provisions of the Act to be carried out by Commissioners. - (1) The duty of carrying out the provisions of this Act shall, subject to such conditions and limitations as the State Government may, by notification in the Official 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 Chairman and such number of other members as the State Government 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. Resignation of Chairman and members. - 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. Validity of acts and proceedings. - 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.

6. Transaction of business. - (1) 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 transaction 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 themselves to be the President of the meeting.

(3) All questions coming before a meeting shill be decided by the votes of the majority of members present and voting and in the case of equality of votes, the person presiding shall have a second or casting vote.

7. Officers and other employees of the Commissioners. - (1) The Commissioners may appoint such officers and other employees as they consider necessary for the efficient performance of their functions under this Act:

Provided that no post carrying a monthly salary of rupees 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.

8. Officers and other employees of the Commissioners not to have any interest in contract, etc. - 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 undertaken by the Commissioners shall become or remain an officer or employee of the Commissioners.