42. Promoters, lessees and licensees to be responsible for all injuries.—A promoter,
lessee or licensee shall be answerable for all injuries happening through his act or default, or
through the act or default of any person in his employment, by reason or in consequence of any
of his carriages or works, and shall save harmless all authorities and persons collectively and
19
individually, and their officers and servants, from all damages and costs in respect of injuries so
happening.
43. Want of funds not sufficient reason for default.—For the purposes of this Act want of funds
shall not be deemed to be a sufficient reason for the suspension of the construction, or the discontinuance
of the working, of a tramway by a promoter or lessee.
44. Power to exempt from municipal taxation.—When a tramway is constructed under this
Act within the limits of a municipality, the State Government may exempt the animals, plant,
rolling-stock, yards, workshops, engine-sheds, 1
[electrical generating stations or sub-stations] and
depots of the promoter, lessee or licensee, for such period as it thinks fit, from all or any municipal taxes
leviable within those limits.
45. Application by local authorities of local funds to tramways.—(1) The fund to or with the
control or management of which the local authority of a municipality, cantonment or district is entitled or
entrusted shall, notwithstanding anything in any enactment respecting the purposes to which that fund
may be applied be applicable, subject to the control of the 2
[appropriate Government], to the payment of
expenses incidental to the exercise of the powers and functions which may be vested in or exercised by a
local authority under this Act.
(2) The fund shall also be applicable, with the previous sanction of the 2
[appropriate
Government], to a guarantee of the payment of interest on money to be applied, with the concurrence in
writing of the local authority, within the limits of the local area under its control, to any of the purposes to
which the fund might be applied by the local authority under subsection (1).
3
[(3) In this section, “the appropriate Government” means the Government, Central or State, whose
executive authority extends over the local authority in question.]
46. Extension of Act to existing tramways.— The 2
[Government] may, with the consent of the local
authority and road-authority and of the promoter and his lessee (if any), extend any part of this Act, or
any rules made under this Act, either with or without modification, to the whole or any part of a tramway
constructed, or authorised by the 2
[Government] to be constructed, before the passing of this Act, and
may withdraw any part of the Act or any rules so extended.
47. Prohibition of construction of tramways except under this Act.— (1) A tramway of
which the construction has not been authorised by the 2
[Government] before the passing of this Act shall
not, after the passing of this Act, be constructed for public traffic in any place to which this Act extends,
except in pursuance of an order made under this Act.
(2) A person constructing a tramway in contravention of sub-section (1) of this section,
or after the passing of this Act maintaining or using for public traffic, otherwise than in
pursuance of an order made under this Act, a tramway which was not constructed, or authorised
the 2
[Government] to be constructed, before the passing of this Act,
shall be liable, on the complaint of the 2
[Government] or local authority, to double the penalty to
which a promoter acting otherwise than in accordance with an order is liable under section 27.
48. Transfer of control on exclusion of local area from circle of local authority.— If at any time a
local area comprising a tramway to which this Act or any part thereof or any rule thereunder applies
ceases to be included in the circle of a local authority, the functions of that authority under this Act or the
part thereof or the rule thereunder, and under the order (if any), shall, in respect of that local area, devolve
on the 2
[Government] or, if that Government so directs, on the local authority of the circle in which the
tramway has been included.
49. [Explanation and amendment of section 54 of Railway Act.] Rep. by the Indian Railways Act, 1890
(9 of 1890), s. 2 and the First Schedule.
1. Ins. by Act 5 of 1911, s. 7.
2. Subs. by the A.O.1937, for “L.G.”.
3. Ins., ibid.
20
50. Powers of Government exercisable from time to time.—All powers conferred by this Act on
1
[any Government] may be exercised from time to time as occasion requires.