19. Cessation of powers of promoter and lessee on discontinuance of tramway.—If
it is proved to the satisfaction of the 1
[Government], at any time after the opening of a tramway for
public traffic, that the working of the tramway, or any part thereof, has been practically
discontinued, for the space of three months, without a reason sufficient, in the opinion of the
1
[Government], to warrant the discontinuance, the 1
[Government], if it thinks fit, may,
by notification in the Official Gazette, declare that the powers of the promoter and of the lessee, if
1 Subs. by the A.O. 1937, for “L. G.”,
12
any, in respect of the tramway or the part thereof of which the working has been so discontinued,
shall, from the date of the notification, be at an end; and thereupon the said powers shall cease and
determine, except in so far as they may be purchased by a local authority in manner by this Act
provided.
20. Powers of road-authority on cessation of powers of promoter.—(1) Where a notification
has been published under section 19, the road-authority may, at any time after the expiration of two
months from the date of the notification, remove the tramway or part of the tramway of which the
working has been so discontinued, and use the materials thereof in reinstating the road.
(2) The promoter shall pay to the road-authority the cost incurred by that authority in removing the
tramway or the part thereof and in reinstating the road.
(3) The cost shall be certified by an officer of the road-authority, and his certificate, countersigned by
the District Magistrate, shall be conclusive proof as to the cost incurred.
(4) If the promoter does not pay the amount so certified within one month after the delivery to
him of the certificate or of a copy thereof, the road-authority may, without any previous notice to the
promoter and without prejudice to any other remedy which it may have for the recovery of the
amount, sell and dispose of such materials of the tramway or part thereof removed as it has not used
in reinstating the road, either by public auction or by private sale, and for such sum or sums, and to
such person or persons, as it thinks fit, and may, out of the proceeds of the sale, pay and reimburse
itself the amount of the cost aforesaid and of the expenses of the sale, and shall pay over the residue
(if any) of the proceeds of the sale to the promoter.