(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 disbursement of such moneys.
14. 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.
Budget. 15. (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.
The Hooghly River Bridges Act, 1968. 5 32 of 1968.]
(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 resubmission thereof with or without modification, the said estimate shall be deemed to have been approved by the State Government in the form in which it was last submitted to the State Government.
16. The Commissioners may, at any time during the year for Supplewhich any budget estimate has been prepared and approved mentary under section 15, cause a supplementary estimate to be prepared budget.
and submitted to the State Government for approval in the same manner as if it were an original budget estimate.
17. 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 notification, dissolve the body established by section 3 and may, by notification, appoint the members for the. time being of any other local or statutory authority as the 0 mmissioners or take under its own management the construction, maintenance, improvement and control of any bridge or badges constructed under this Act tcgl,t1i,r with the approa ;hes 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 Act shall be deemed to be transferred to the Commissioners appointed under this section or to the State Government, as the case may be, and the Commissioners appointed under this section 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.
Powers in case of default by Commissioners.
18. 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 municipal taxation.
6 The ,Hooghly River Bridges Act, 1968.
[President's Act 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 Chanderna,gore Municipal Act, 1955, an 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 "income" does not include income from levy of tolls.
West Bengal Act XXXIII of 1951.
Bengal Act III of
1923.
West Bengal Act XVII of 1965.
Bengal Aet XV of
1932.
West Bengal Act XVIII of 1955.- Compulsory acquisition of land.
19. Any land, with or without structures thereon, required by the Commissioners for carrying out their functions under I of 1894.
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 (f) of section 3 of that Act.
Inisranity. 20. No person shall be entitled to any compensation for any loss or injury which he may sustain by reason of any obstruction to the 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.
Protection of action taken under the Act.
Power to undertake survey.
21. 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.
22. The Commissioners may, for the purpose of carrying 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 officer—
(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 ,nd 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 ix such manner as may be prescribed.
The flooghly River Bridges Act, 1968. 7 32 of 19 .1