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The Indian Tramways Act, 1886

Working of Tramways Owned by Local Authorities

23. Lease of, or working of, tramway by local authority.-

(1) When a local authority has under the authority of an order completed a tramway, or has under the provisions of this Act or of an order acquired possession of a tramway, it may, by a lease to be approved by the 1[Government], let to any person the right of user of the tramway and of demanding and taking the authorized tolls.

(2) On the determination of a lease the local authority may from time to time let the right for such further term and on such conditions as the 1[Government] may approve.

(3) Every lease made under this section shall imply a condition of re-entry if at any time after the making thereof it is proved to the satisfaction of the 1[Government] that the lessee has practically discontinued the working of the tramway leased, or of any part thereof, for the space of one month without a reason sufficient, in the opinion of the 1[Government], to warrant the discontinuance.

(4) Notice of the intention of the local authority to make a lease shall be given in manner prescribed.

(5) If the local authority cannot by means of a lease obtain what it deems to be a fair rent for the tramway, it may itself, with the previous sanction of the 1[Government] and for such term as the 1[Government] directs, place and run carriages upon the tramway, and demand and take the authorised tolls in respect of the use of the carriages.

1. Subs. by the A.O. 1937, for "L. G.".

Indian Tramways Act, 1886 Back

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