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The Indian Tramways Act, 1886

10. Cessation of powers given by an order.-

(1) If a promoter authorised by an order to construct a tramway-

(a) does not within the time specified in the order substantially commence the construction of the tramway, or

(b) having commenced the construction, suspends it without a reason sufficient in the opinion of the 1[Government] to warrant the suspension, or

(c) does not within the time specified in the order complete the tramway and open it for public traffic, the following consequences shall ensue:-

(i) the powers given by the order to the promoter for constructing the tramway and otherwise in relation thereto shall, unless the 1[Government], by special direction in writing, prolongs the time or condones the suspension, cease to be exercised except as to so much of the tramway as is then completed;

(ii) as to so much of the tramway as is then completed, the 1[Government] may either permit, or refuse to permit, the powers given by the order to continue;

(iii) if the 1[Government] refuses to permit the powers to continue, then so much of the tramway as is then completed may be dealt with, under the provisions of this Act relating to the discontinuance of tramways, as a tramway of the working whereof the discontinuance has been proved to the satisfaction of the 1[Government].

(2) A notification published by the 1[Government] in the Official Gazette to the effect that on a date specified in the notification the construction of a tramway had not been substantially commenced or a tramway had not been completed and opened for public traffic, or that the construction of a tramway had been suspended without sufficient reason, shall, for the purposes of this section, be conclusive proof of the matter stated therein.

1. Subs., by A.O. 1937, for "until an engineer appointed in this behalf by the L.G. has inspected it and certified it to be fit for such traffic".



Indian Tramways Act, 1886 Back




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