39. Promoter to have right of user only.—(1) Notwithstanding anything contained in this Act, or in
an order or any rule made under this Act, a promoter shall not acquire any right other than that of user
only over a road along or across which he lays a tramway, nor shall anything contained in this Act, or in
an order or any rule made under this Act, exempt the promoter of a tramway, or any other person using
the tramway, from the payment of such charges as may lawfully be levied in respect of the use of a road
or bridge along or across which the tramway is laid.
(2) The State Government may, if it thinks fit, fix at which a promoter, lessee or licensee may
compound for the charges payable in respect of the use of a road or bridge.
40. Saving of power over roads traversed by tramways.—(1) Nothing in this Act, or in an order or
any rule made under this Act, shall take away or abridge any power which a road-authority, local
authority or other person has by law to break up, widen, alter, divert or improve a road, railroad or
tramway along or across which a tramway is laid.
(2) The road-authority, local authority or other person executing any work referred to in
sub-section (1) shall not be liable to pay to a promoter, lessee or licensee any compensation for injury
done to a tramway by the execution of the work or for loss of traffic occasioned by the reasonable use of
any power lawfully exercised for the execution thereof.
41. Saving of power of local authority and police to regulate traffic on roads.—Nothing in
this Act, or in an order or any rule made under this Act, shall affect the powers of a local Authority or of a
Magistrate or police-officer to regulate the passage of traffic along or across a road along or across which
a tramway is laid; and the authority Magistrate or officer aforesaid may exercise its or his powers as well
on as off the tramway and with respect as well to the traffic of a promoter, lessee or licensee as to the
traffic of other persons.