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The Calcutta Tramways Act, 1880

Act 1 of 1880

Keyword(s): Street Tramways, Constitution, Regulation Amendment appended: 2 of 1884

0 Bengal Act I of 1880

[Tm CALCUTTA TRAMWAYS ACT, 1880.1

CONTENTS.

Preamble.

1 . Short t,itle. (Cortar~etrcer~le~lr.) Repealed.

2. Meaning of "tramway". 3. Tramways may bc made in accordance w i ~ h [he agrcement between the Corporation

and h c grantees. 4. Application of ACL to suburban Iramways. 5. Form in which tramways arc to be consuucted and mainlained. 6. No tramways to bc opened wilhout cenificate from Engineer. 7. Carriages how to be workcd. S. Granlees may usc tramway carriages with flange wheels. 9. Grantccs may f ix nnd demand fares.

10. Prin~ed l i s~ of farcs, elc., to bc placed in carriages. 1 1. Fares how ro bc paid. 1 2. Power ro break up wee ts.

13. Granrccs to keep thc tramway roads in propcr repair. t 4. Granrees nor to obstruct ordinary lraHic.

15. Reservation or right of public to use roads.

16. Saving of Port Cornmissioncrs' tramways.

17. Righi of user only. 1 8. Penalty for railure of gnnlees to camply with provisions of his Act. 19. Pcnal~y for obs~rucdng grantees in the exercise of their power.

20. Penalty for inlcrfering wilh uamway.

2 1. Pcnalty for avoiding payment of proper fare.

22. Servant of grantees may arresl pcrsons avoiding payment of fare. 23. Carriage of dangerous ar offensive goods. 24. By-laws by Corporation.

The grantees may makc certain regulalions. 25. Penalry ior brcach of by-laws. 26. Powcr lo Corporation to license drivers, conduclors, elc.

27. Grantccs lo bc responsible for all damages. 28. Powcr for lhc Corporarion and Police to regulate traffic on roads. 29. Reservauon or power ovcr toads. 30. Corporati~n LO have r i g h ~ of purchasing kunways after twenty-one years.

Schedule.

Bengal Act I of 1880 [THX CALCUTTA TRAMWAYS ACT, 1880.1'

Ben. Act 11 of 1854. V ?u LD ATED Ben Ac! I11 of 1894.

Ben. Act IV of 19DO.

Ben. ACI XVI of 1946. AMENDED West Ben. Acr XVLII of 1967.

Wcsr Ben. Act I of 1983.

- (a) Thc Govcrnrnent of India

(Adaptation of Indian Laws) Order, 1937.

(b) The Indian Independence (Adap~a- lion of Bengal and Punjab Acls) Order, 1948.

(c) Thc Adaptauon of Laws Order, 1950. -

Ae Act 1 0 atrthorize !he nraki~rg urrd ro regrrlate l i ~ e ~vorkitlg of Srreef Tranr ways ill Calctttlo.

WHEREAS the Corpora[ion of the town of Calcuna, hereinafrer called Prumble.

h e Corporation, by an agreemen1 dated the 2nd day of October, 1879, for the considerations Berein expressed, granted to Dillwyn Parrish. Alfred Parrish and Robinson Soutlar and [heir assigns, hcrcinafter called the granrees, Ihe righl to conslruct, mainlain and use a tramway or mmways in Calcuua upon Ihe terms and in h e manner menuoned in Lhc said agreement a copy whereof is set forth in he schedule 10 Lhis ACI, which said agreement had, on thc twenty-fifth day of August, 1879, rcceived the sanclion of the Licutenanl-Governor of Bengal;

AND WHEREAS [he graniees are desirous of being empowered to conslruct h e several meet uamways in the said agreement and in this ACL pdcularly described. and also such other wmways belwcen such olhcr places i n Calculta and hc Suburbs of Calcurrn, and by such other routes as may hereaftcr be approved;

'Lxc~sunvr p~ms. -FOr Stntunenl or Objcm nnd Rurons, see k Calcu~fa Guzrlte of 1879, Pt. IV, page 105; lor Report af Select Cornmitree, Jee ibid. 1880, Pr. IV. p a g I ; and ForProacdings in Council.sce ibid, 1879, Supplcmen~ page 1 4 4 ; ibid, 1880, Sugplernenl, pageS5.

Lm-~.-This Acicxtendsonly to Calcutta nnd irsuburbs. Sccss. 3 and4. The provisions or Ihc Calcun3 Tmnways Act, l8gO [Ben. Aci 1 o f 18801. mlating ro

the purchase of thc undertaking or m y pjrl thereal which is purchveoblc by any body orpersons mrepcaled in so far as such provisions arc inconsktenr with thcpmvisions of thc Calcutta Tnmways Act. 1951 (Wcsr Ben. A a XXV 01 1951). relaring to Ihe msfer nrrk lln,fpnnl-innln Gnvcmrrurnl I , ~ ; r l m l W r r r n*- A d V w l -r tnc 1 -- -.'--

S hon rille.

Meaning of "rmnway".

Tnmways be

~ l u d c in accadmcc wirh h e agmrncnl bcween lh Carpondon md the gmrces.

Tlre Calcrttra Tranrwa}~~ Act, 1880.

Pen. Act I

AND WIJERFAS he objecls of this Act cannot be attained without h e authority o l ihc Legislature;

11 is hereby enacted as lol1ows:-

I. This ACL may be called [he Calcurta Tramways Act, 1880. [Comtrre/lcenre~~f ]--Rep. by s. 4 orrd rl~e Third Sch. of rile Anrendir~g

Acr. 1903 (1 uJl903).

2. In this Act, unless therc be something repugnant in thc subject or conlext, "uarnway" means a warnway consu-ucled undcr rhjs ACI.

3. Subject 10 the provisions of h s Act. and of he said agreement, the granrecs may make and maintain in Calculla a m w a y or vamways, wirh single or double lines, and wirh all necessacy sidings. turn-ouu, connections and lines (but in h e case OF sidings and [urn-ouls only in such placcs as [he Corporalion may sanclion) on h e following routes and bcrween such olher places and by such other routes as may be hercaf~er approvcd by [he Corporation and snnclioned by lhc I[Slate Govcrnn~en(]:-

1st.-A circular tramway passing round lie Placc, Strand Road, Koila Ghat Sueet and Clive Street.

211d.-Tramway No. 1, commcncing at the junction of Cornwallis Srreel and Circular Road, and passing along Cornwallis Slrccl, College Sweat, Colootollah Srreet, Canning Sueet, Clive Row and Clive Street. effecung a double junclion wilh the circular m w a y at Fairlie Place.

3rd.-Tramway No. 2, passing along Upper Chilporc Road to its junc~ion wirh Canning Strccl, where it joins warnway No. 1.

4111.-Tramway No. 3, passing along Bow Bazar Strcel, Lall Bazar Slreer and Dalhousie Square, effecting a douMe juncdon wi~h the circular barnway in Clive Succt.

5rh.-Tramway No. 4, commcncing near Sobha Bazar Streel and passing along Suand Road to Somerset Buildings, where i l ~erminates.

61h.-Tramway No. 5, comcncing in h e Circular Road al h e end of Dhurrumtollah SIrcet, and passing along Dhurrumtollah Street, Esplanade Row, Old Court House Sueet and Dalhousie Square, effecting a double junclion with h e Circular ramway aar Koila Ghat Sueel.

7111.-Tramway No. 6, commencing in the Circular Road at the end OF Elliorr's Road, and passing along Ellion's Road and Welleslcy Street, and joining uarnway No. 5 in Dhurmmtollah and tramway No. I in College Swcet.

'The words "Pmvincial Govcmmenl" wcrc fin1 subsutured Tor he word "LicuIcn~t- Govcroof' by p m p p h 4(1) or thc Governmenr of rndin (Ad~phlion or Indian Laws) Order, 1937. Thcredrer, the word "Stare" w a subslirurcd [or thc word "Provincial hv n3m dl l I nr~hc Adanlnlinn o i h w s Order. 1950.

8tlz.-Tramway No. 7 , passing along ~ h o w r i n ~ h e k and joining warnway No. 5 a1 Dhumm~ollah Road, with a connecting line'along Bentinck Streel and Chitporc Road to tramway No. 2:

Provided that, wilhout thc spccial sanction of [he Corporation to be obtained in special general meeling of h e Commissioners. herc shall not be a double line in the following places:-

In tramway Number 1, Coloolollah S~reet. Ditto , 2, Ihc whole. Ditto ,, 6, Elliott Road. Ditto ,, 7, h e connecting lint.

I. In [he even1 of any olher W w a y or ramways on other routes Appliwrion in Calculta or in h e Suburbs of Calcutta being from time to lime approved :fkz$ by the Corporauon or the Municipal Commissioners for the said Suburbs, as the case may bc, and sanclioned '[by h e Slalc Government] and undertaken by the grantccs, notice thereof specifying the routes so approvcd of, and, in the case of suburban tramways, a copy of Ihc agreemenl entered into bcr ween the said Municipal Commissioners and ~ h c ganlees in respect hereof, shall thereupon be published in '[Oficial Gazette];

and, upon such publication, all the provisions oilhis Act, so far as same may be applicable, shall apply lo the tramway or irarnways in

such publication specified, and all works and hings conneclcd with h e same or incidentd fierelo, as if h e said routes had been particularly specified in h i s Act and as if the agreemenl, if any, in reference there~o had been included in h c schedule to this Act.

5. Every tramway shall be consu-ucled on he metre gauge 013 fcct Forrnin 38 inches, or on such other gauge not exceeding 4 feel 8; inches as may E!ays be agreed upon belween thc Corporalion and h e grantcis, and shall be to bc laid and maintained in such manner dial the uppermost surface of chc mwmflcd

and rails shall bt on a level with h e imrncdiately adjaceni surface of hc -m, road; and beforc lhc work of consuucuon is begun, the drawings and specification showing the proposed conslmcrion of each tramway shall be submitted to h c Corporation and be approvcd by (hem, and h e cars and carriages intendcd to run on h e warnways shall also be of such construclion and furnished with such brakes and olher appliances as shall have been approved by rhe Corporalion.

6. No tramway shall be opened for public lraffic until the same N o m - has been inspecled and cenified by the Enginecr lo the Corpontion lo t:'Zh be f it for such udfic. W ~ L ~ O U I

a m f i a i l e 'The,wordr "by !he Provincial Government' wcrc first subslitured Tor the words h m

"by Government" by p m . 3 and Sch. I V of h e Government of India (Adapmrion or h c e e r , Indian Laws) Order. 1937. Thcrcartcr. the word "Sraic" was substi~ulcd for the word "Provincial" by pan. ql) o f rht Adnpt~on of Laws Otdtr, 1950.

'Thw w o h were subslituted for the words "Calc~rfru Gazerre" by pmgnph 4(1) ol [he Governmcnr of India {~dnptation of Indian Laws) Order. 1937.

Gryll~rs may use lrJlI!Way c.magrs with flmgc whccls.

Cmttxs may fix and dc~lund f m -

Printed lisl or fm.rtc. . to bc placed in b a g - .

F m how ro bc paid,

[Ben. Act I

7. The cars and carriages of the gronlees on chc lines of the -ways shall be worked wirh such powcr, animal or mechanical as thc grantees may lhink suitable:

Provided that no srcam-carriages shall be used wirhou~ h e special consent of the Corporalion 10 be obtained in spccial general meeting of the Commissioners, and withou t he sanction of rhe [State Government].

8. The grantccs may use on their tramways carriages with flangc whcels or wheels suirable only to run on a grooved rail, and subjeclto the provisions of h i s Acr, and of the hcrcinbcfore recited agreemcnr, h e y shall havc the exclusive use of rhcir lrarnways for carriages wiih flange wheels or oher wheels suilablc only ro run on a groovcd rail.

9. The granlees ?[shall have power, wilh h e previous conscnt of the Slate Govcmmcnt to fix or revise] the rates OF fares for carrying passengers and g o d s in thc said cars or carriages, and may demand and take the same for every passenger lravelling upon any of their warnways. or for Lhc carriage of goods by their warnways:

1* 4 * * C * * 10. A prinred list, in English. Bengali and Urdu, of a l l tbc fares

and charges authodscd by lhjs Act lo bc taken, and a printed copy in h e same languages of dl by-laws in Force as hcreinafier menlioncd, shall be exhibi~cd in a conspicuous place inside each of the cars or carriages used by rhe granlees upon any OF their ramways.

Such lisr and printed copy as aforesaid shall be published i n the '[Oficiul Gazetle] at h e expcnsc of h e grantees.

11. The fares and chargcs by [his Act auhon'sed shall be paid ro such persons, 'at such places, upon or near to thc uamways, and in-such manner and under such regulations as the grantees may. by norice to be annexed ro lhe list of fares, From time to timc appoint.

12. The granrees m y from h e to lime, lor hc purpose of consmcr- ing and maintaining any uamways undcr this Act, open and break up [he soil and pavemcnl of any of h e streets, as defined by Bengal Act IV of 1876 (the Calcetta Mv,iicipal Cotlsolidatior~ Act)5, and bridges in Ihe

:See fool-no~c 1-on page 358,unre. -The words within ~ h c squarc b m k e ~ s were subsrilu~ed and were dccmfd ro haw

been substilulcd for Ihc words "shall have p w c r from rim 10 limc Lo fix" by s. 2 of Ihc CalcunaTmways (Amtndnmr] Acr. 1967 (WrslBcn. Act XVUIoi 1967),

'The prov~so was omifled by s, 2 o i *c Calcu~ra T m w i l y s (Amcodrnent) Acl. 1983 Wcs~ Ben. ACI l o f 1983).

'See fool-ncrc I on page 359. unre. "en. A n N of 1876 was repcded wd r e ~ n ~ c t c d by Ben. Acr [ I of lB88, which

was repdcd and re-enncted by Ihe Cdcunn Municipd Ac!. 1899 (Bcn. Act UI of 1899). which ogain was rcpdcd and re-enacted by rhc CdcutmMunicipd Act, 1923 (Bcn. ACI 111 of 1923). Bcn. ACI 111 of 1923 w u funhcr rtpwled and re-cnacred by [he Calcultn Municipal Acl. 1951 (Wcsr Bcn. Act XXXIII a l 1gS I). Tbc relerencl in Ik rcxr should now be consIrucd as a rtference 10 thc last mentioned Acl-see rhc Bcngal Gcned Clausec Acr. 1899 (Ben. Act I nT fR99) . s. 10.

Tlze Calcirrra Trutt~ WUJ-A Acr, 1880.

(own of Calcutta, and thercin lay slccpers and rails and repair, alter or rcmove [he same; and may, for the purposcs aforesajd, do i n and on such sueers and bridgcs all atlicr ac& which lhcy shaII from time lo lime deem necessary for constructing and rnainlaining their tramways subject lo ihe rollowing regulations:-

1sr.-Thcy shall givc lo the Corporation notice in wriling o f lheir inrention to open or break up nny such s[reeL or bridgc, specifying the ~ i m c at which rhcy will bcgan lo do so, md the portion of the road proposed ro be open or brokcn up. Such notice to be given at least three days bcfore the commenccmenl of [he work.

2trd.-Thcy sshdl not open or break u p or alter the level of any such slrcel or bridgc, except under the supcrin~endcnce and lo the reasonable salisraclion of [he Corporation, for which superinlendencc h e grantees shail pay 311 reasonable expenses, unless he Corporation neglect lo givc such supcrinlendcnce at h e dmc specificd in thc notice, or disconlinue [he same during he work.

3rd.-They shall not, wi~hout the consent of the Corporalion, open or break up a[ any one timc a grealer lengh than a quarter of a mile on any line of Iramwny.

4111.-They shall, w i h all convenient speed, and in all cascs within six weeks at the mosl, unless the Corporation othcnvise consenr in writing, complcte the wwk for which the said street or bridgc shall bc brukcn up. and fill in the ground and makc good thc surface. and to the satisfaction of the Corprsration, reslorc he strcel or bridge to as good a condition as rhar in which ii was before it was opencd or broken up. and crew away all surplus malerials or rubbish occasioned [hereby.

5111.-They shall in ~ h c meantime whcn such sucelor bridge is opencd or broken up, cause i t to be fenced and watched, and to bc properly ligh~cd at night.

6th.-Thcy shall make good all damagc done 10 the gas and water- pipes and sewers, whether belonging to h e Corporarion or to private individuals by the disturbance [hereof.

7tl~.-If by any such operalions as aforesaid rhe grantees interrupt thc supply of water or gas in or through any main or main pipe, they shall bc liable to a penally not exceeding ~ w o hundred rupees for every day upon which such suppiy shall be su inlemuptcd.

13. The granlces shall, at lhcir own expense, a1 all times maintain Gmlms

and kccp in good condition and rcpair, in such manner o h e Corporarion ~ , " ~ , a Y shall direcr, thc rails or which any of h c L amw ways shall for the time madsin

being consist, and so much of any slreet or bridgc as lies betwecn the L'E rails of any ramway; and, in ~ h c case af doublc lines ar turn-ouls or sidings h e porlion of thc road baween b e barnways. and in evcry case so ~ n u c h OF the road as cxlcnds cighteen inches beyond the railr of and on each side of any such uamway; and in the course of carryingout such repairs, it shall nor be necessary to give notice thcreof to [he Corporiuion.

Kwrvarion orright or public ro use rn3LL~.

Savingof Pon Corn- I ~ S ~ O ~ T ' S Imnways.

Righ! oluscr only.

Ptmal~y Tor railurc 01 gmucs to conipIy wi~h prpvisions af Itus Acr.

koally lor obmfling grarees in the excmisc of r k i i pwcr .

Pcnllry for inrcrfering wilh Iml>way.

The Calcii~ta Tramways Act, 1880.

[Ben. Act I

14. In exercising the powcrs givcn to them by the last two preceding sections, the graniecs shall mangc their work so as to afford ihe lensr possible obstrucuon to rhc ordinary rraffic or rhe sucers, and so as to admit of as I ~ e e and unreshicted enmy at all limes into the sewers bough the man-holes and lampholes for h e lime being in use, is possible undcr rhe circumstances, and also so as ro enable proper rcpdrs lo be made lo water or gaspipcs by the direclian of h e Corporalion.

15. Nothing in this Act, or in any by-law made under h i s Act, shall rake away or abridge the r igh~ of the public to pass along or acrurs evcry or any part o f any road along or across which any m w a y is laid, whether on or off the hamway, wirh carriages nor having flange wheels or whcels suitable to run on a grooved rail.

16. Nothing in his Act, or in any by-law made under this Act, shall interfere with Ihe right of ~ h c Pwt Commissioners, or of any orhcr b ~ d y or person cnti~led at he time nfthe commencement of this Act to work and mainlain a tramway, to pass across any w w a y conslructed undcr tllis Act w i h carriages having flange wheels or wheels sui~able to run on a grooved rail. ,

17. Nolwiths~anding anything in this Act con~ained h e granrees shall no1 acquire, or bc deemed LO acquire, any right olhcr Lhan tha~ of user of any road along or across which h c y lay any warnway.

18. If the grantees [ail in any respect to comply wilh !he provisions of seclions 5,6.7,12 (cxcepl the last two clauses), 13 and 14 of his Act, hey shall for cvery such offence (wilhout prejudice ro the cnforcemen[ of specific perfomonce of ~e rcquircment~ of this Act, or lo any olher remedy against Ihcm), upon complaint of h e Corporadon or of any person injuriously affected rhcreby, bc liable to a penalty not cxceeding iwo lrundrud rupees and to a funher penally nor exceeding fifty rupees for each day during which any such Failure canlinues alter the first day on wbkh such penalty i s incurred.

19. If any person wilrully obsrruc& any person acting under Ihe auhority of the grantees in {he lawful exercise of thcir powers in se~ring out or making, laying down, repairing or renewing a mamuray or injures or destroys any mark n~adc fur Ihc purpose 01 setting out thc line of the tramway, he shall for evcry offence bc liable to a penalty no1 exceeding fifty rupees, and shall also be Liable to pay such damages as may be awarded in respect of such injury by any compeltnt Coud.

20. If any person wvihout lawful excuse (the proof whereof shall lie on him) wilfully does any of h e following lhings namely:-

intcrreres with, removes or altcrs m y p ~ t of 3 tmrnway of Lhc granlccs, or of the works connected therewith:

does or causcs to be done anything in such n manner as LO obshvc~ any carriage using the tramways;

or knowingly aids or assisls in thc doing or such thing, he shall for evcry such offencc be liable (in addition lo any prmcedings by way of criminal c h ~ g e or olhenvise to which he may be subjecl) 10 a pcnally not excceding one hundrcd rupees.

21. If any pcrson tnvclling or having lravcllcd in any carriage of pcndry for [he granlees avoids or auempts lo avoid paymcnt of his fare, or i f any avoiding person having paid his fm far v cenain dirtvncc knowingly and wiliully ::r;: proceeds in any such carriage beyond such distance and docs no[ pay the f*.

additional fare for the additional dismnce, or atlernpk to avoid payment thereof, or if arty pcrson knowingly and wilfully refuscs or neglccts an arriving at thc point to which he has paid his fare to quil such carriage, every such person shall for cvcry such offence be liable lo a pcnalry no[ cxcceding lcn rupees.

22. It shall be lawful for any scrvant ofac grantees, md all pcrsons srvmtar called i n by him for his assistance, ro arresl and take to thc nearest p o k e - Pl*s

m y ml starion any pcrson who shall be discovered either in or aftcr commitling -m or attempting to commit any such offence as in h e l j s r preceding section avoiding mentioned, and whore name and residence is refused by him and is g""''' unknown lo such servanl or pcrson. and Ihe police-oflicer, in charge of the said police-station, on receiving a complain[ that an offence under [his Act has been committed, shall adopl such legal measures as may bc necessaq to cause the said pcrson to be taken beforc a Magistrate with [he leist possible delay.

23. No person shall bc entirled to carry or lo rcquire to bc carried wagCof on any (rarnrvay any goods which may bc of a dangerous or offensive dmsrrowor

neurc, and, if any person scnd by any tnmway any such goods wilhout izT disrinctly marking ihcir nalure on h e outside of h e package containing thc same or olbcnvise giving notice in writing to the book-kceper or ohcr scrvanr of thc grantees w i h whom Lhc same arc l c f~ a1 ~ h c dme of such scnding, he shall be Iiablc lo a penalty not excccding fifty-rupees for evcry such offencc, and it shall be lawful for h e granrccs ro refusc to rake any parcel h a t hcy may suspccl to conmin goods of a dangerous or offensive nature, or to rcquire the same to be opcned lo ascenain LIIC rac~.

24. The Corporation in special general meeting may subjccl lo By-lawsby confirma~ion thereof by the '[Slate Government], from time LO rime makc cOvomlion, such rcgulalion as to ~ h c rale of speed, number of passengers and mode of use of thc tramways as thc convenience and safety of the public may require. and as are not inconsistent with 1hisAcl.

'See root-note 1 an p g c 358,artre.

The p l c e s maypakc cenain ~~ulnlions.

pa\r,ct ru Corponiion lo liccnse driven. conduclo~s, crc

Power lor lhc Corpordion nnd policc ro wgularc m f i c on roarl~,

T l ~ e Calcr r~ Tramways Acr, 1880.

(Sections 25-18.)

The gnntees may, subjccl lo con firmalion as aforesaid, from rime lo t i~ r~ t : makc such rzgulalions-

for prcvcniing the commission of any nuisance in or upon any carriage, or in or againsl any premises belonging lo [hem, and

for reguIating rhc lravelling in or upon any carriage belonging to rl~ern,

as arc inconsis~enl wilh this ACI. Nulice or the making of any such3[replations] shall be publishcd by

~ h c Corporation in he '[Oflcial Gazerre].

25. Any person offending againsl any '[reguladon] made under the provisions of the last preceding section shdl foifek for every offence any sum not exceeding iwenry rupees to be imposed in such '[reguIations] as a penalty for such offcnce.

26. Thc Corporation shall have the like power of making and enforcing rules and regulalions and oi granting licenscs wih respect to all drivers, conductors and olher persons having chargc of the carriages using the tramways as they arc for Ihe lime bcing enlitled lo make, enforce and grant wiih respec1 to thc drivers of hackney-carriages and oihcr pcrsons having charge [hereof.

27. The grantecs shnll be answerablt: for all accidenls, damages and injuries happening ~hrough their act or deiault, or lhrough the acl or default of any person in heir empIoyment by reason or in consquencc of any of their works orcamagcs, and shallsave harmless (hc Corporalion and their officers and scrvnnts from all danlagcs and cosh in respect of such accidents, damages and injuries.

28. N o h n g in this Acl shall limit the powers of the Corporauon or [he police to rcgulate the passage of any mffic along or across any road along or across which any tramways ;ire laid down, and the Corporation or poricc may exercise their authority as well on as off the tramway, and with respect as well lo Ihe uaffrc of hc granlecs as to the uafic of olher pcrsons.

The Corporation shall not bc liablc to pay to thc grantces any compensation for loss of lraffic occasioned by Lhc reasonable excrcise of such aulhoricy.

LSubstiruicd by s, 2 and thc Fir Scl~. uf rhc Bcngd R c p d i n g and Amending ACI, 1946 (Rrn. Acl XVLoT 1946), rorihcwonl "by-laws".

'See fool-nore 3 on pagr 959. ntlrr. 'Subsururd by s. 2 and Ihe First Sch, orrhe Bcngal Repealing md Amending Acr. 1946

(Bcn. Act KVI of 1946). forthe word "by-laws''.

29. Nothing in this Act shalt be construed lo prcvenr the ' Corporation, or the Oricnlal G u Company, Limited, in the exercise of

thc powers conferred upon them undcr Acl V of 1857' from opcning, brcahng up, widening, allcring, diverting or improving any of thc roads rraverscd by the tramways for thc purposes For which they may nDw lawfully open, break up. widcn, alter, divcrt or i~nprovc rhc same:

Provided- (1) that they shall causc as Ijtlle dcuirnent or inconvcnience to thc

granrees as circurnslances admil; (2) that [hey may (iCabsoJulely ncccssary, but no1 olherwise) ordcr

rhe temporary sroppagc of lraffic on thu: tramways or any of them on giving twcnly-four hours' previous noticc in writing lo thc grantees;

(3) h a t before thcy commencc my work, whercby the uaific on he tramways will bc inlcrrupted, thcy shall (exccp~ in cases of urgency, in which civics no nolicc shall be necessary) give to he granrees nolicc of Ibeir inlcndon to commcnce such work, specibing thc rime al which h e y will bcgin to do so; such nolice LO be givcn cigh~een hours at least bciore Ihe commencement of the work;

(4) h a t , in the event of [heir so inkrferjng rv-ith, or stopping tho running of, any tramway under this section, an abatement pmponioned to rhc length of road over which and time during which running is slopped shall be made from thc rent hcrcinbefore rescrved and payable by the grantees;

(5) h a t any alleralion of the posilion of any of h e [ramways, or h e making good of any injury ordamagc that may be occasioned hereto by rcason of such widening, alrcrauon or improvement, shall be executed by the grantees al the expensc of the Corporarion.

30. Thc Corporalion shall have the righr of purchasing the tramways wi(h thc plant, buildings, stores, rolling-srock and cvcrything connecled therewith upon [he expiration of twenty-one years from the commencement or h i s Act, upon declaring its inrenuon so to do in wriling no1 less than six months bcrore h e expirarion of the said Lwenty-onc ycars, and shall havc a renewed r igh~ of purchasc a[ Ihe end or every seven years, aher the expiration orrhe said twenty-one years upon similar notice being givcn;

and thc consideration for such purchases shall be a cash paymcnr of onc and two-filrhs of thc amount of lhc invesled capird d the granlees, or securities of rhe ?[Central Govcrnmenl], or securities the interest

'Act V of 1857 is m Acr oTa privatechuacter(Oricn~d Ga Company). md is thcrcrore nor printed in this Codc.

-These wbrds wcn: substi~u~ed for thc words "Govcmrnenr of India" by pangraph 411) of thc Govcrnmenr 01 India (Adaptation o f Indian Laws) Ordcr. 1937.

Reservaion of potvcr over roads.

Corpor~ion lo have right of purchasing Imlways d e r rwcniy-one yeus.

Tlre Calcrrrrn Traraivays Acr, 1880.

[Ben. Act I '

whereon shall havc been guaranteed by [he Secrelary of Sratc for India + in Council, or dcbenturcs of the Corporalion of such amount as to producc,

a1 rhe rare of inrcrest currcnr on such securirics, seven per cerrl. per atr~rrrrtz or1 [he amount of thc said invcs~ed capital;

and, i f the considcration for such purchase shall be given in such securities as aioresaid, ihc grmlccs shall be enritied to have in addirion a first morlgnge OF all rhc properly, assets and profils or h e tramway or tramways, which shall havc been purchased from [hem.

SCHEDULE,

Arlicles ofAgreemcnr made [his second day ofOctober, 1879, betwcen llic Corporalion o i the Town of Calculta incorporalcd under '[Act TV of 1876= of h c Lieutenanr-Governor of Bengal in Council] hcreinalter caIlcd the said Corporarion on the onc pan, and Dilwyn Parrish and AlCrcd Parrish, both of London, and Robinson Soullar, of Liverpool, hereinafter called the said grantces of Ihc orher parr. Whereas h e said Corporalion have, subject 10 confirmation thereof by thc Government of Bengal, and to the recognition of h i s agreement by an ACL OF h e Bengal Legistarurc, agrred ro grant 10 ~ h c said granlces he right to construcr, main~ain and use a tramway or lramways in Calcu~ra, upon rhe terms and condilbns hereinahcrcontaincd, now thesc presents wjincw that, in consideration of the covcnants and agreenlenls hereinafter conlained and on [he parl OF the said Corporalion lo be performed, the said grantees for hernselves, their heirs, executors, adrninismtors and assigns do, and each of them i'ar himself. his heirs, cxeculors, administrators and assigns doh, covenant with the said Corporalion, so far as the covcnants and agreements hereinafrcr contained arc to be perlbnned by rhc said grankcs and heir heirs, execulors. adminisuators and assigns, and [hc said Corporation. for and in considcradon of the covcnants and agreemen& hereinaner conrained and on h e par[ of the said grantees and hcir heirs, exccutors, adminislrators add assigns to be performcd, do hercby covenant with the said grantees and their heirs, exccutors, administrators and assigns so far as [he covenants and agrccmcnts hercinafrer contained are lo be performcd by thc said Corporation in manncr following, that is ro say:-

1. The said Corporation gmnt lo ihe said grantccs and their heirs, excculors, adminislrarors and assigns, all which persons are hereinafter includcd in the words "the said grantees", h e right lo consrruct, mainlain and usc a lrarnway or uamways, with singlc or double lincs, and w i h

'Illis eapression shall srmd unmdificd-see pan. 3 and Sch. IV o f lhc Govcrnmcnr or India (Adaptation of lndian b w s ) Ordcr. 1937.

'Ben. Acr I V or 1876 wu rcpded and rc-enacted by Ben. Acl 11 uf 1888. which wns rcpcdrd nnd re-cnacrcd by Ben. Acr 111 of 1899 which agnin w s repealed and r ~ - c n a c l ~ d by thc Calcurla Municipal Acr. 1923 (Ben. Acr I11 of 1923). Bcn. AcL 111 o f 1923 w u furlher rcpcnled-and rccmcted by [he Cdcutra Municipal Acl, 1951 (West Bcn. Act XXXlIl oC 1951).

The Calcri~~a Tra~~~\vays Act, 1880.

(Sclaedrr le. J

all necessary sidings, turn-outs, conneclions and lines of whalcver namre '. which may be required to connect h e said tramway or lrarnways wilh

the depo~s of h e said grantccs (but in the case or sidings and [urn-ours only in such places as the said Corporation may ssanclian), on the following routes and between such ohcr pIaces and by such oher routes as may be hereafter approved of by the said Corporation:-

Isr.-A circular tramway passing round FairIie Placc, Skand Road, Koila Ghai Streer and Clive Slreel.

2rid.-Tramway No. 1, cornmcncing at rhe juncrion of Cornwallis Street and Circular Road and passing along Cornwallis Street, Collcgc Strcer, CoIootollah Sreet, Canning Sucer, Clive Row and Clivc Street, effecting a doublc junction with h c circular tramway aL Fairlie Place.

3rd.-Tramway No. 2, passing along Upper Chirporc Road lo its junction wilh Canning Street, whcre i~ joins warnway No. 1 .

4th.-Tramway No. 3, passing along Bow Bamr Skcct, Lal B a r Street and Dalhousie Squarc, cifecdng a double juncdon wilh the circular tramway in Clivc Slrect.

5rlr.-Tramway No. 4, commencing near Sobha Bazar S~rcet, and passing along Suand Road to Somerse~ Buildings, whcre it termina~es.

6th.-Tramway No. 5 , commencing in the Circular Road at the end of Dhurrumtollah Strect and passing along Dhurrurntollah Strecl, Esplanade Row, Old Court Hause Strcct and Dalhousie Squarc, cffecling a double juncrion with fie circular tramway at Koila G h a ~ Srreet.

7th.-Tramway No. 6, commencing i n Lhe Circular Road at the end of Elliott's Road and along Elliott's Road and Wellesley Sbcct and joining tramway No. 5 in Dhurmmtollah and kamway No. 1, in College Sucet.

8tf1.-Tramway No. 7, passing along Chowringhee and joining -way No. 5 at Dhumrntollah Road, with a connecling linc along Bentinck Street and Chitpore Road to tramway No. 2:

Provided that withou~ the special sanction of the Corporation (Commissioners in spccial general meeting) rhcre shall not be a double line in chc following places:-

In tramway No. I . Caloo~ollah Slreet. Ditlo ,. 2, h c whole. Dino ,. 6, Elliol~'s Road. Ditto ,, 7, [he connecting line.

Thcsc Iines arl: panicularly dclincoted on a plan accompanying \his agxement, and signed by the Engineer to the Corporation and one of the said grantees.

Tile Culcrrtta Trarr~~vays Acr, 1880.

[Ben. Act I I !

(Schedrrle.)

2. The said granrees shall, moreover (subject to clauscs 3 and 4), have lhe exclusive r igh~ of laying, constructing, maintaining and using n tramway or tramways within the limits of thc Calcu~~a Municipali~y on the terns contained in thcsc presenls:

Provided always that i f the said granlees shall al any lime or limes refuse or neglect for threc months to accepl any proposal by the said Corporalion for he cons~uction, maintenance and usc of any warnway or [ramways other lhan thosc mentioned in clause 1 which !hc said Corporation may consider necessary or desirable, i! shall be lawful for h c said Corporation ro en~ploy any olhcr pcrson or company for the purposes aforesaid or any or rhcm, and lo niakz such mangemcnrs as they may think proper indepcndcnlly of the said granlees.

3. he said granlecs shall construct in such a manner as to bc avjlable for use a1 lcasl six miles uf the traniways mentioned in clause 1 wilhin lluee years from thc passing of !he necessary Act by [he Legislalure, and hey shall, berorc ~ h c expinlion of the fourlh year. give no~iue in writing l o [he said Corporation oC thc lincs [hey intend to conslruct during lhc tifrh year, and, failing lhe observance by thc said grantees of [he lerms of this clause it shall be lawful for [he said Corporalion to withdraw and cancel Lhe conccssions nnd righrs granled by rhese presents to thc said granlces as regards the lines remaining uncons~ruc~cd.

4. If the granlzes shall, a1 Ihc cxpiradon of five years from the date of commencement of this conlnct, have lert any one or more of thc lines hereinbefore in clause I specified unconstnrc~cd, and if the said Corporation shall not have exercised the righls conferred on !hem by clause 3, [he said Corporation may call upon the said ganlees to consrnrcl the line or lincs; and if h e said grantees do not construcl the linc or Iines within twelve calendar monlhs after receiving such formal notice, [hen [heir powcrs grantcd in this concession shall, so Far as relates to that line, cease, and thc said Corporalion may make arrangements with other persons for the conslrucuon of the same, and in such last- mentioned cat the orher panies, ro whom h c said concession or any conkacl shall bc granled, shall have the privilege of running round rhc circle lo be constructed by h c said grantees, namely, by way of Koila G h a ~ Slreet, Strand Road, Fairlic Place and Clive Sireet, Free of toll, and, in the event of [he said grantees having railed ro construct thc six milcs of Lramway provided for in h e preceding clause, such other panics as last aforesaid shall have a like privilege of running over any par[ of any of the tramways No. I to No. 7 abovementioned in part cons~rucred by thc grantees 10 any other pan of the same uamway which may have been conslructcd by the said other panies:

Provided always ha t in hc cxcrcise of these privileges they shall not intcrIcrc w i ~ h or obstruct the uaffic or h c said granrees, and shall conform ro such rulcs lor thc regulalion of the traffic as may be drawn out by the said grantecs and approved or by the said Corporation:

The Calcrrtta Tran~lvays Act, 1880.

Provided also h a t it shall not bc lawful for the said olher p ~ i e s lo both lake up and sct down the same pusenger on h e said granlces' lines:

Provided also thal, if the said grantees shall offer any obstruction or I-ail to afford reasonable facilities, to enable rhc said paslies to whom any concession or conmcl shall be made or given as aforesaid to exercise [he privilcgc of using the lines of [he said granlees as aforesaid, it shall be lawful for the said Corporation foflhwith 10 makc such rules with rcasonablc penalties for the breach chcrcof as they may rhink advisable for the purpose of regulating h e use of thc said lines and he traffic thcrcon.

5. Any warnway or tramways to bc constructed under this agrccmcnt shall be constructed on h e mewe-gauge of 3 fcct 3; inches, or on such other guage not exceeding 4 feet 8: inches as may be mu~ually agreed upon, and especially he rails shall be laid and maintained in such manner [hat the uppermost surface of the rails shall be an a level with he surface of the mad, and beforc ~ h c work of consmc[ion is begun, the drawings and specification showing h c proposed construction of cach Iramway shalt be submitted to [he said Corporation and bc approved by [hem, and lhc cars and carriages jnlendcd to run on lhe said uarnways shall also be such as shall have been approvcd of by the Corporalion.

6. If the said Corporation shall hereafter al ter hc lcvel or any streel or road along or across which any wanway by this agreemcnl aulhorized is laid or authorised to be laid, h e grantees shall alter or (as rhc casc may bc) lay their rails, so ha t the uppermosr surfacc IhcrcoF shall be on a level with the surface of thc road so altered:

Providcd always h a t any such altcralion as aforesaid shall bc so made as to interfere as lilllc as possible with h e safc and convenient working of rhc said tramways, and in any case so as no1 lo slop or prevent the free usc and working ~hcrcof.

7. The cars and carriages of the said grantees on h e uacks of the said ti-Jmway5 shall be worked with such powcr, animal or mechanical, as lhe said granlees may think suitable: provided thal no steam-carriages may be used wilhoui ihc special conseni of ~ h c Corporation (Commissioners in special general meeung); and provided also h a t chc Corporation (Comrnissioncrs in special general rnccting) shall have power at all times to make such rcgulalions a s to h e rarc of speed, number of passengers and mode of use of h c said fracks as the convcnicnce and safely of h e public using [he suecls may rtquire.

8. The sleepers, rails, materials, jmplemcnls and erections placed and erected by h e said granlccs or heir assigns on ihe smcm or roads undcr Ihc powers hcrcby granted shall be and rcmain he property of the said grantecs, but they shall no1 remove or dispIace [he same or any or hem or any pan or parts hereof wilhoul the conseni in writing of the said Corporadon. No person other than h c mantees. or Dersons

[Ben. Act I

authorized so to do under clause 4 hereof. may use upon tramway or tramways made under h i s agreemenl, or under any agreement entered into under clause 4 hereof, carriages with fl angcd wheels or other wheels suitable only to run on the prescribed rail.

9. The said grantees or lhcir assigns shall have powcr from cime to time l o fix the r a m of fares for carrying persons and goods in the said cars or carriages:

Provided lhal the rate OF fare for each person or parcel shall for any distancc nor over h e e miles not cxcccd h e e annas and shall not €or any grcaler disrance exceed the samc proporiion.

10. The said grantees may (for the purpose of conskucling and main raining any tramways under this agrcernenlj, under such superintendence as is hereinaher specified, open and break up chc soil and pavcrnent of he several public or olher streets (as defined in he ~ a l c k a Municipal Consolidauon ACI, 1876)' and bridges in h e City Bcn. Act W of Calcuth, and therein lay sleepers and rails, and from rime to time OC 1876.

repair, alter or removc h e same, and may, for Ihc purposes aforesaid, remove and use all eaflh and materials in such skeets and bridges, and do in and on such sweets and bridges all olher acu which they shall from time lo time dcem necessary for construcling and maintaining such tramways subject. to rhe following conditions:--

lst.-'lhe$ shall givc to rhe said Corporation nolice in writing of their intenLion to open or break up any such street or bridge, spccirying

, the' time a1 which hey will begin lo do so, and h e poition of he road proposcd to be opened or brokcn up. Such notice 10 bc given ar least three days before the commencement of !he work.

2nd.-They shdl not opcn or break up or alter Ihc level OF any such skeet or bridge except under the superintendencc and to the reasonable satisfaction of h e Corporation, for which superinlendence thc grantees or their assigns shall pay all reasonable expenses unless the Corporalion neglect to give such superinrcndencc at [he rime specified in thc notice, or discontinue the same during the work.

3rd-They shall not, without the consent of the said Corporation, open or break up at hy one time a greater lengrh lhan a quarler of a mile on any one linc of. tramway.

4rl1.-They shall, with all convenient speed, and in a11 cases witkin six weeks, at -the most, unless the said corporadon otherwise consent in wriling. complele h e work Tor which h e said street or bridge shall

'Ben. Acr 1V o i 1876 was repcalcd md re-ended by Ben. Act U of 1888. which wzs resirled m d rccnncted by [he Calcurla Munic~pal Act. 1899 (Ben. Acr 111 01 1899). which again was repaled and re-cnncted by the Calcurra Muoicipnl Act. 1923 (Bcn. Act 111 of 1923). Ben. A a IIl of 1923 wns once again rcpaled md re-enacrcd by the Calcutin Municipal Ac[. 1951 (West Ben. Act XXXl l l or 1951). The rercrcncc in the text should now be construed as a rclcrencc lo the ACI of 1951-see h e Bengal C ~ n r m l r l n ~ l t r c A r l 1 R99 IRcn A d I nf IAW\ F l f l

, bc broken up and fill in ~ h c ground, and rnakc good [he surfacc, and lo chc saQsraction of the said Corporation reslorc the street or bridge to as good condidon as hat in which i~ was beforc it was opened or brokcn up, and clear away all surplus materials or rubbish occasioned thereby.

5kh.-They shall make good all damage done to Lhc gas and waler- pipcs and sewers whelhcr bclonging to the Corporation or to private individuals by thc disturbance hcreof.

dtl~.-Thcy shall in the meanlime, when such s a c 1 or bridge is opcncd or broken up, causc i t to be fenced and watched, and io be properly Iighted at night.

11. Thc said grantees shall, ar rheir own expcnse, ;lt all limes maintain and kccp in good condition and repair to the reasonable satisfaclion of h c said Corporalion, rhc rails of which any of the tramways shall for the timc being consist, and also so much o l any such srreel or bridge whereon any mmway belonging to them is laid as lies berween h e rails of the tramway, and, in the case of double lines or turnouts or sidings, thc portion of the road be~ween the -ways, and in every c&c so much or the road as exlends cigh~cen inches beyond the rails of and on'each side of any such tramway, and in the course of carrying o u ~ thesc repairs it shall not be necessary to give notice thereof lo Ihc said Corporalion.

12. In exercising h e powers givcn to them by clauses 10 or 11 the said grantees shall arrange [heir work so as to afford the least possible obswuction lo the ordinary traffic of h e succts, and so as also ro admit of as frcc and unreslricrcd enlry at all umc into the sewers lhrough h e man-holes and lamp-holes for [he time being in use, as is possible under the circumstances, and also so as lo enablc proper repairs to be made to walcr or gas-pipes by the direction of the Corporation.

13. If [he said grantees shall commit any breach of clauses 10 or I I or 12, it shall be lawful for the said Corporation in (heir discrclion. where such breach shall be in h e execution of any work or repairs, at any lime ancr seven days' noucc ro the said pniccs, hemse elves to do a n d execute such work of repairs, and the expensc incurred by the said Corporadon in so doing, including the cost of superintendence, shall bc repaid to thcm by the said grantees, together with interest at the rate of eight per cenr. per annldnl and the certihcale of the Engincer of rhe said Corporation as ra such cost shall be conclusive.

14. I l any person or persons sustain any loss or darnagc by rcason of any defect or want of repairs in any of h e plant, rolling slock or olher properties of the said grantees or by reason of any carelessness, neglecl or misconducl of heir agenls or servants in he management, construcrion or use of rhe said uamways or any porlion hereof,.or in the ercrtli~e nf i h ~ nnwPr< ( r i v~n hv r l ~ ~ i c t - c In nr 1 I r h ~ c l m r chrrll

The Calclrtta Trar~ rvays Act, 1880.

[Ben. Act I

be made good by the said grantccs. and in [he cvenr of any suit being ins~iturzd against the said Corporation in respect of any of [he malters hereinbe fare mcncioncd thc said granlees shall, within founeen days from reccipt of a notice thereof from the said Corporation, sc~t le h e same; but if [he said granrces choose lo defend such suil, they shall bc a[ liberty to do so upon [heir underlaking lo indernniry the said Corporalion against a11 losses, damages and expenses in respecl thcrcol:

Providcd always thal, iT h e said granlees fail lo sellle such suit or to indemnify thc said Corporation as is hereinbefore provided. i~ shall be lawful for h e said Corporation to settle the same withoul any consent or concurrence on thc pan of thc said granlees, and [he sum which thcy shall havc to pay in making such se~rlement, logelher with intcrcsl thcrcon at rhc rate of 8 per cenr. per arlurrrrr lrom the date of paymcnt, and with all expenses which they may bc pul to. shall bc recoverable as a debt From thc said grantccs.

15. If at any Limc d tc r thc opcning of any iramway for traffic the said grantees shall disconrinue the working af such tramway or any parr thcrcof for h e space of six calendar months (such discmhnuance nor being occasioned by circumslanccs beyond the conlrol of the grantees), it shall be lnwlul for the Corporalion, wirhaur any previous noticc to thc said grantces, to remove the tramway or part ~hcrcof so discontinued, and the said grantees shall pay la thc Corporalion h e cost of such removal and of the nlalung good of such strccl or bridgc bough which the said warnway shall have been madc, and hc ccrlificale of the Engineer of the said Corporation as lo such cost shall be conclusivc.

16. The said granlces will, if requirzd by the said Corporadon, bciorc opening and breaking up thc soil and pavcrnem of any slreet or bridge under cIausc 10 of lhese presents deposit in an approved bank in Calculta in thc name of the said Corporation the sum of Rs. 5.000, or, in their option, promissory noas of thc1[Cenml Government] or municipal bonds of h e nominal value of Rs. 5,000 and the sarnc will remain so deposited unul the compledon by thc said grantees of the lines of lramway herein sanctioned Tor immcdiale consu-uclion. But all interest accruing on the said sum or thc said notes shall be credited to l e said grantccs, and, subjccl as ncxL hereinafter rnenlioned, be-paid lo thcm as thc same shall accrue duc:

Provided nevcrlhclcss h a [ rhe said Corporation shall be enGrlcd ro dcduc~ oul of h e sum so deposited or the inmest accruing on the said sum or notes or out of thc procccds of sale of h e said nores all moncys 10 which h e y may bc cnlirled under any clause or clauses of thesc prcscnls.

17. In consideration of the concession hereby granted rhe said grantces will pay to the said Corporation rent at the sevcral rares hcrcinafier specified, namely, from the beginning ol chc fmt to [he end or thc ninth year, at the rate of Rs. 3,000 per offrlue~ pcr mile of

The Calcvtta Tram~vays Act, 1880.

double line and Rs. 2,000 per atmlr,lr per mile of singlc line; from the .. bcginning of thc rcnlh to [he end of rhe thinecnth ycar, n reni at Ihe

rare of Rs. 3,250 per ulltarm per mile or double linc and Rs. 2,250 per antlurt~ per rnile of singlc line; From the beginning of Ihc fourLeenth year ro the end of the seven~eenlh yew, a rent a[ [he rate of Rs. 3,500 per a11~11rtt1 per milc of double line and Rs. 2,500 per otl#urrrr per rnile of single line; from thc bcginning of the eighteenh to rhc end of the twenty- first year, a rent at [he rale of Rs. 3,750 per arrnrrnl per mile of doublc line and Rq. 2,750 per arrrlrrrll per miIc of single line; and from thc beginning of the lwenty-sccond year, a rent at the ralc of Rs. 4,000 per orrrrrrrrr per mile of doublc linc and Rs. 3,000 pcr atrrliitti per mile of singlc line. And the renls aforesaid shall bc payable half-yearly and shall from a fml chargc on thc underlaking, and hc date on which such rent on each line of tramways or part of a line shall begin lo accrue shall be [he dale on which such line or part of a line of [ramway shall bc opened for public uaffic:

Provided always hat no lines or sidings over which passcngcrs or goods are not carrid lor hire. connecting hc vaffic lines with ~ h c ~ablcs, carriage-sheds or depots or other properly of rhc grantccs shal I be included in rnilcagc for which rent shall bc payable.

18. If [he said rent or any pan thereof shall not bc paid on due datc, the said granlees shall bc liable to pay intercsl thereon at [he rate of eight per cerir. per atrtttrltl from the due darc un~i l payment.

19. In consideration of thc premises the Corporauon shall alIow lo be deducted from thc rent payable under this agreement a sum cqual lo rhe amount levied upon rhc grantees, as the municipal \axes upon [heir horses, carriages and tramway lines (but not on their depars and buildings or any other propcrly or effects).

20. From and afrcr the commencement ol the fifteen~h year o r &is conuacL to the end of rhc twcnty-firs!, the said grantees shall noL bc at liberty to entcr upon any fresh engilgcmenls or expendilurc which would incrcasc their capital accounl in connection with this conrracr, wilhout firsr notifying their intenlion to the said Corporarion and obtaining ~tieir approval thereof and sanclion therelo in wriljng.

21. The Corporation shall have the right of purchasing lhc said tramways with the plant. buildings. slores, rolling-smk and everyrhing connected therewilh upon the expiralion or twenty-one years from h e comrnencemcnt of [his conuacr upon declaring its intention so l o do in wriling no\ less rhan six rnonlhs berore the expira~ion of the said Iwenty-onc years, and shall have a renewcd right of purchasc at h e end of cvcry sevcn years after Ihc cxpira~ion of the said ~wenty-one y c u s , upon similar nouce bcing given and lhc considerahon for such purchase shall h a cash payment of oneand LWO-fifths on theamounl olthc invested capi~al of the said granlees or securities of the '[Central Government]

'Scc loot-narc 2 on page 365. orrfe.

The Calcltrro Trannvays Act, 1880.

[Ben. Act I

or securities thc interest whereon shall havc bcen guaranleed by the Secretary o r Srarc for India in Council or debcntures of [he said Corpontion of such amount as 10 produce ar thc rale of inlerest current on such securities seven per cettr. per arritrrjtJ on the amount of the said invesred capiral, and, iF thc considcrarion for such purchase shaII be given in such sccuritics as aforesaid, the said grantees shall be entilled to have in addition a first mortgage of all be propcny. assets and p r o f i ~ orthc ramway or tramways which shall have been purchased from lhcm.

22. In thc evcnt of the said Corporation failing l o declare i!s inlention, as above provided, lo purchase he propcny of rhe said gnntees, rhc ~crms of this conbncl shall continue i n force.

23. he provisions hereinbefore conlained shalt, so far as abplicable, apply lo all tramways to be consuucted by the said grantces by any route or rourcs to be hereafter fixed by the said Corporalion or under clauses I , 3 and 4 o f these prcscnls, and lo rhc works connected w i h or incidental to such tramways.

24. The dale of thc comrncncement of lhis concession shall bc h e dale on which notice of [he sancrion of thc Government of Bengal to the same shall be given ID the said granlccs:

25. Unlcss h e said granlees shall havc commenced h e work of laying down [he said [ramway wi~hin twclvc monlhs horn the date of the rccognilion of this agreement by an Act of he Bengal Legislaturc, the said Corporation shall bc a1 liberty lo cease and derermine this contracl, and to enler inro arrangements wilh any other person or persons Tor [he conslruction of tramways.

26. Nothing in this agreement shall take away or affect any power which [he Corporalion may have by law lo open, or break up or lo widen, al~er , divert or improvc any slreet or road:

Providcd always-

Isr.-That they shall cause as littlc dclriment or inconvenience to the granlees as circumsranccs will adnlit.

2tld.-That ~ h c y may (if absolulely necessary, but no1 otherwise) order ~ h c lcmporary stoppage OF ~ a f f i c on h c said cramways or any of them on giving twenty-four hours' previous notice in writing to the said granlccs.

3rd-Thar before rhey commence any work, whereby h e trafic on the warnway will be inrermprcd ~ h c y shaIl (except in cases of urgency in which cascs no notice shall be necessary) give to thc granlccs nolice or heir inlention to commence such work, spccifying h e rime at which rhey will begin lo do so; such noticc ro bc given eighteen hours at Icast beforc the commencemenl of the work.

The Calcrtrra Trarmvays Act, 1880.

4th.-That, in the evcnt of their s o interrcring with lhc stopping h e .. running of any vamway undcr rhis clausc, and abalcmcnr proponioned

to [he length of road over which, and lime during which, running is stopped shall be made from h e renl hereinbefore reserved and payable by the said granlccs.

5111.-That any alccration of he position of any of h e tramways, or the making good of any injury or damage rha~ may be occasioned thereto by reason of such widening, alleration or improvement, shall be executed by the grantees at h e expense of h e Corporarion.

27. I1 any doubt, difference or dispute shatl arise be~ween he said grantees and the said Corporalion louching ihc construclion of these prcsents or anyrhing herein conrained, or louching or concerning any other rnalter or thing relating to these presenu, then and in cvcry such case such doubl, diffcrcncc or dispulc shall bc rcfcrrcd lo ihc arbjtrarion or ~ w o persons, one lo be chosen by [he said grantees and the other by [he said Corporation within one calendar month aitcr cithcr of thcrn shall have made lo Ihc orhcr a rcquisiljon [o that cffccr, and should the arbirrators fail to agree they shall refer [he question or questions at issue 10 the decision of an umpire ro be chosen by the said arbitrators and the decision or such arbivators, i T they agrcc, or of such umpire if [hey disagrcc shall bc final, and, in casc either party shall negtec~ or refuse io appoint an arbimror wirhin ;he specified Bme, h e arbirralor appoinlcd by the other pmy shall makc a dccision alone and the decision of such arbitrators, umpire or arbitrator, as the case may be, shall be cffcctu@ and binding upon both parties.

28. The words "he said Corporation" used in this agreement shall include the presenL Corporation and [heir successors, and also all persons cmpowered by the said Corporation or their successors or by other duly constituted authority to do any act or h ing or exercise any powers or auhorities which thc said CorponBon are hercinbeforc aulhorized or cmpowered to do or cxcrcisc.

Bengal Act EI of 1884

[THE CALCUTTA TRAMWAYS (AmNDMENT) ACT, 1884.J'

SHORT TKE GIVEN . . Act 1 of 1903.

REPFALED IN PART AND AMENDED . .

. .

Act I of 1903. -

(a)The Government of India (Adaplalion o f Indian Laws) Order. 1937. (b) The Adaptalion ofLaws

- Order, 1950.

[301h April, 1884.1

WHEREAS it is expedienl lo facilitatc rhc conslrucuon and regulale the prcnmblc. working of [ramways within such portions ofcalcuna as are no12[subject to the authority of the Corporation oCCalcuua]. and to makc due provision for their gcncral managcmenl, supervision and conuol; and whereas it is

Ben. A n Iof necessary lo amend h e Calculta Tramways Act, 1880, for [he purposes 1880. aforesaid ;

It is hereby enacled as follows:-

1. This Act shall be read wih, and taken as part of, the Calcutta Consiruction

Tramways Act, 1880. or ~ c t .

(Conr~~iencenre~rt. )-Rep. by s. 4 and rhe i7rird Scfr, oJt11e Anreriding Acr. 1903 (1 of 1903).

2. ( D e f i ~ ~ i t i o ~ ~ of "Calcttrta ".)-Rep. by s. 4 and the Tlrird Sch. of the Anretrding Act, 1903 (101 1903).

3. All kamways conslructed 3[in those porlions of Calculta as Cenain Ben. AH 111 defined in the Calculla Municipal Act. 189g4, which are nbl subjec~ to he Ly$zrE Or I g w - authorily of the Corporauon of Calcu~ta] shall bc subject lo h e general Srac

Govccnment.

'SHORT -.--This s hon ti tlc wrus given by rhc Amending ACL L 903 (1 of 1903). LE~lsunv~ ~ m . - F o r Srnremenr of Objccls and R e m n s , 5ee rhe Calcurra G a r r e

or 1884. Pan IV. pagc52. and Tor Proceedings in Council, rce ibid. Supplement. pages 395, 464.497 and 514.

Locju. --r.Sinu: lhis Act is (xec s. 1) to bc m d with md f&cn a pnrt of h e Cdcutw Tramways Acr. 1880 (Ben. Ac! I or 1880). i t has the s m e l ocd exrent a-5 th* Act.

These words weresubstituted Iorthewords and figurc"situruewilhin m e l d limits of rhetownmdeimedin I h c ~ c u ~ M u n i c i p d Consoliddon Act, 1876" bys.3andthtSecond Sch. of the h n c n d i g Ad. 1903 (I o i 1903).

'These words and figure in sefiion 3 were subsutured Tor h c w o k md figure "in Calcuna but situatc bcyondthc local IimiboCLhe town asdefincd in he Wcutia Municipal Consolidation ACI. 1876", ibid.

'Bengal Actlllof 1899 wasrepealed andre%nx~ed by heCntcuitziMunicipal AcL 1923 (Bcn. Act TII of 1923) and he laner A a was repdcd by the Cdcuna Municipal Act. 1951 (Wesr Ben. Act XXXm of 1951).

Corponr ion nor lo have control in respec1 or 1nmwtly oulsidc limits of I ~ C

town.

Tile Calctim Tran~ways (Atsendnrenr) Act, 1884.

[Ben, Act tI of 1884.1

managemenl. rcgulalion and conlrol of the '[Slate Government]: and ~ h c I.

'[Stale Government] shall in this behair cxcrcise all h e righrs. powers, Cunccions and authorities which would, undcr the provisions of the Calcuua Tramways Act, 1880, have been exercised by the Corporadon, Ben. Act I if such mrnways had bean constructed wholly 2[wi~hin ihc area subject Q' 10 heir aulhorily].

4. Nothing in this Act shall be construed soas t o g i v c ~ e corporation any conuol, power or aulhority in respect of any tramway or par1 of a tramway c'onshc[ed J[outside the area subject lo [heir aulhority].

5. The provisionof this Acl and of h e CakurtaTramways Act, 1880, shaU apply to any Iramway tha~rnay havc been constructed before this Act comesinloforct, nolwilhslandjngany omission orjrregularily in publishing any notice required lo be published under secuon 4 aT the said Calculra Tramways Act, 1880.

''The words "Provincial Govemmcni" wen: r i r subslitutcd Tor Ihe words " L w l Governmcnr" by pmgmph 4( l ) o f fhc Govetmnt of India (Adaptation of Indian Laws) Order, 1937,Thrmfler, the word "SI~IC" wwsubsti~uted lor the word "Provincial" by pa. 4(1) o f h e Adaphalion o i h w s Orda, 1950.

Thcsc words were subsutu~cd for the words ~d ligure "within h e lml IirniG of ~ h c town. as deried by Ihc Cnlcunti Municipal Consolidation Act. 1876," by s. 3 and !he Second Sch. of the Amending Act, 1403 (1 of 1903).

JTkewordswcrc subsritu!ed lorhcwords and figurt "ouaide the limirs olrhE town as dermcd by the Wcutra Municlpd Consolidarion Aci. 1876." by s. 3 and the Second Sch. of thc h c n d i n g An, 1903 (I or 1903).