Calcutta Tramways Act, 1951

No: 25 Dated: Oct, 18 1951

THE CALCUTTA TRAMWAYS ACT, 1951

West Bengal Act XXV of 1951

    An Act to empower the Government of West Bengal to acquire the undertaking of the Calcutta Tramways Company Limited.

    Whereas an agreement, a copy whereof is set forth in the First Schedule to this Act was made the 30th day of August, 1951, between the Governor of the State of West Bengal of the one part and the Calcutta Tramways Company Limited, of the other part;

    And Whereas it is declared in the said agreement that the same shall be subject to confirmation and being given effect to by an Act of the Legislature of West Bengal to be thereafter passed for the purpose;

    And Whereas it is expedient that the same should be confirmed and given effect to and the law relating to the undertaking of the Calcutta Tramways Company Limited, should be amended;

    It is hereby enacted as follows:-

1. Short title. - This Act may be called the Calcutta Tramways Act, 1951.

2. Definitions. - In this Act, unless there is anything repugnant in the subject or context,

(a) "the Government" means the Government of West Bengal;

(b) "the Company" means the Calcutta Tramways Company Limited;

(c) "the transfer agreement" means the agreement made the 30th day of August, 1951, between the Governor of the State of West Bengal of the one part and the Company of the other part, a copy whereof is set forth in the First Schedule to this Act;

(d) "the undertaking" means the undertaking of the Company.

3. Confirmation of agreement between Government and Company. - The transfer agreement is hereby confirmed and made binding on the parties thereto and the several provisions thereof shall have effect as if the same had been enacted in this Act.

4. Transfer of powers. - Notwithstanding anything to the contrary in any other law, all the powers and duties of the Corporation of Calcutta, the Commissioners of the Howrah Municipality, the Commissioners of the South Suburban Municipality and the Commissioners for the New Howrah Bridge with respect to the construction, maintenance, use, leasing of or otherwise dealing with tramways arc transferred to and vested in the Government.

5. Amendment of agreements. - (1) The several agreements particulars whereof are set out in the Second Schedule to this Act shall have effect as if the Government were parties thereto in lieu of the respective bodies and persons set out in column 2 of the said Schedule and any reference in any such agreement to any of such bodies or persons shall unless the subject matter or the context otherwise requires be deemed to be a reference to the Government:

Provided that any sums payable under any such agreement to any of such bodies or persons shall continue to be payable as if this Act had not been passed.

(2) Any provision in any of the agreements referred to in the preceding sub-section of this section whereby any body or persons may be entitled to purchase the whole or any part of the undertaking is hereby annulled and the Government in its or their place and stead shall be entitled to purchase the undertaking on the terms set out in the transfer agreement.

6. Repeals. - The provisions of the Calcutta Tramways Act, 1880, the Bengal Tramways Act, 1883 and the Calcutta Tramways (Howrah) order, 1905 and of any other Act or Order relating to the purchase of the undertaking or any part thereof which is purchasable by any body or persons are hereby repealed in so far as such provisions are inconsistent with the provisions of this Act relative to the transfer of the undertaking to the Government.