The Calcutta Tramways Company ( Acquisition Of Undertaking ) Act, 1976

GOVERNMENT OF WEST BENGAL 
LEGISLATIVE DEPARTMENT 
West Bengal Act LIV of 1976 
THE CALCUTTA TRAMWAYS COMPANY 
(ACQUISITION OF UNDERTAKING) 
ACT, 1976. 
[Passed by the West Bengal Legislature.] 
[Assent of the President was first published in the Calcutta 
Gazette, Extraordinary, of the 6th January, 1977.] 
[6th January, 1977.] 
An Act to provide for the acquisition of the undertaking of the Calcutta 
Tramways Company Limited. 
WHEREAS it is expedient to provide for the acquisition of the 
undertaking of the Calcutta Tramways Company Limited for the 
purpose of ensuring better transport facilities to the members of the 
public and for matters connected therewith or incidental thereto; 
It is hereby enacted in the Twenty-seventh Year of the Republic of 
India, by the Legislature of West Bengal, as follows:- 
1. This Act may be called the Calcutta Tramways Company Short title. 
(Acquisition of Undertaking) Act, 1976. 
2. In this Act, unless the context otherwise requires,— 
(a) "appointed day" means the 8th day of November, 1976; 
(b) "Company" means the Calcutta Tramways Company Limited; 
(c) "prescribed" means prescribed by rules made under this Act. 
3. On and from the appointed day, the undertaking of the 
Company shall, by virtue of this Act, be transferred to, and vest in, the 
State Government. 
4. (1) The undertaking of the Company shall be deemed to 
include the properties, cash balances, reserve funds and other assets of 
the Company including lands, buildings, works, machinery, plants, 
rolling stocks, lines, mains, motors, dynamos, switch-boards, apparatus, 
tools, implements, motor trucks and other like property which may be in 
the ownership, possession, custody or control of the Company in 
relation to its undertaking, immediately before the appointed day and all 
books of accounts, registers and all other documents of whatever nature 
relating thereto. 
259 
Definitions. 
Undertaking 
of the 
Company 
to vest in the 
State 
Government. 
General 
effect of 
vesting. 
The Calcutta Tramways Company (Acquisition of 
Undertaking) Act, 1976. 
[West Ben. Act 
(Section 5.) 
Explanation.—For the avoidance of doubts, it is hereby declared that 
the expression "undertaking of the Company" does not include— 
(a) any debt due to the Company; and 
(b) any amount recoverable by the Company from its share-holders 
or directors. 
(2) All properties included as aforesaid in the undertraking of the 
Company which has vested in the State Government under section 3 
shall, by force of such vesting, be freed and discharged from any trusts, 
obligations, mortgages, charges and other encumbrances affecting them, 
and any attachment, injunction or any decree or order of any court 
restricting the use of any such property in any manner shall be deemed 
to have been withdrawn. 
(3) Any contract, whether express or implied, or other‘ 	arrangement 
whether under any statute or otherwise, in so far as it relates to the 
affairs of the Company in relation to its undertaking and in force 
immediately before the appointed day shall be deemed to have 
terminated on the appointed day. 
(4) If on the appointed day, any suit, appeal or other proceeding, of 
whatever nature, in relation to any business of the undertaking of the 
Company is pending by or against the Company, the same shall not 
abate, be discontinued or be in any way prejudicially affected by 
reason of the transfer of the undertaking of the Company or of 
anything contained in this Act and the suit, appeal or other proceed-
ing may be continued, proceeded with and enforced by or against the 
Company. 
(5) Every person in whose possession or custody or under whose 
control the undertaking of the Company or any part of it may be, 
immediately before the appointed day, shall, on the appointed day, 
deliver the possession of the said undertaking or part thereof to the 
State Government or to such person as may be specified by the 
State Government in this behalf. 
(6) The State Government may take, or cause to be taken, all 
necessary steps for securing the possession of the undertaking of the 
Company which has vested in it under section 3. 
Management 	 5. The undertaking of the Company which has vested in the 
and 	 State Government under section 3, shall be managed on behalf of the administra- 
tion of the 	 State Government by such person as may be appointed by the State 
Company. 	 Government in this behalf in accordance with such rules as may be 
prescribed. 
260 
The Calcutta Tramways Company (Acquisition of 
Undertaking) Act, 1976. 
LIV of 1976.] 
(Sections 6, 7.) 
6. (1) The State Government shall deposit, in cash, in the Court of Payment of 
the Chief Judge of the City Civil Court, Calcutta, to the credit of the amount. 
Company, an amount equal to the sum of rupees two crores and 
eighteen lakhs for the transfer to, and vesting in, the State Government, 
under section 3 of the undertaking of the Company. 
(2) For the avoidance of doubts, it is hereby declared that the 
liabilities of the Company in relation to its undertaking which has 
vested in the State Government under section 3, shall be met from the 
amount referred to in sub-section (1). 
(3) In meeting the liabilities of the Company in relation to its 
undertaking which has vested in the State Government under section 3, 
the Court shall distribute the amount referred to in sub-
section (1) amongst the creditors of the Company, whether secured or 
unsecured, in accordance with their rights and interests, and if there is 
any surplus left after such distribution, amongst the contributories of the 
Company in accordance with the rights and interests of such 
contributories. 
7. (1) Any person who— 
(a) having in his possession, custody or control any property 
forming part of the undertaking of the Company, wrongfully 
withholds such property from the State Government, or 
(b) wrongfully obtains possession of any property forming part of 
the undertaking of the Company which has vested in the State 
Government under section 3, or 
(c) wilfully withholds or fails to furnish to the State Government 
any document in relation to the undertaking of the Company 
which may be in his possession, custody or control, 
shall be punishable with imprisonment for a term which may extend to 
two years, or with fine which may extend to five thousand rupees, or 
with both: 
Provided that the court trying any offence under clause (a) or clause 
(b) or clause (c) of this sub-section may at the time of convicting the 
accused person, order him to deliver up or refund within a time to be 
fixed by the court any property wrongfully withheld or wrongfully 
obtained or any document wilfully withheld or not furnished. 
(2) No court shall take cognizance of any offence punishable under 
this section except with the previous sanction of the State Government 
or of an officer authorised by the State Government in this behalf. 
261 
Penalty. 
The Calcutta Tramways Company (Acquisition of 
Undertaking) Act, 1976. 
[West Ben. Act 
(Sections 8-10.) 
8. (1) Where an offence under this Act has been committed by a 
company, every person who at the time the offence was committed was 
in charge of, and was responsible to, the company for the conduct of the 
business of the company as well as the company, shall be deemed to be 
guilty of the offence and shall be liable to be proceeded against and 
punished accordingly: 
Provided that nothing contained in this sub-section shall render any 
such person liable to any punishment, if he proves that the offence was 
committed without his knowledge or that he had exercised due diligence 
to prevent the commission of such offence. 
(2) Notwithstanding anything contained in sub-section (1), where 
any offence under this Act has been committed by a company and if it is 
proved that the offence has been committed with the consent or 
connivance of, or is attributable to any neglect on the part of, any 
director, manager, secretary or other officer of the company, such 
director, manager, secretary or other officer shall be deemed to be guilty 
of that offence and shall be liable to be proceeded against and punished 
accordingly. 
- Explanation.-For the purposes of this section,— 
(a) "company" means any body corporate and includes a firm or 
other association of individuals; and 
(b) director in relation to a firm means a partner in the firm. 
Protection 	 9. No suit, prosecution or other legal proceeding shll lie against 
of action 	 the State Government or an officer or other employee serving in 
good faith. connection with the affairs of the undertaking of the Company for taken in 
anything which is in good faith done or intended to be done under this 
Act. 
Employees 
to continue 
in office. 
10. (1) Every person employed in connection with the undertaking 
of the Company who has been in such employment immediately before 
the appointed day, shall continue to hold office after the appointed day 
with the same rights as to pay, leave, pension, gratuity and all other 
matters, unless and until his employment in such undertaking is 
terminated or until his remuneration or other terms and conditions of 
employment are altered by the State Government in accordance with 
such rules as may be made in this behalf. 
(2) Notwithstanding anything contained in the Industrial Disputes 14 of 1947. 
Act, 1947 or in any other law for the time being in force, the transfer of 
the service of any employee from the undertaking of the Company to 
Offences by 
companies. 
262 
The Calcutta Tramways Company (Acquisition of 
Undertaking) Act, 1976. 
LIV of 1976.] 
(Sections 11-14.) 
any other post shall not entitle such employee to any compensation 
under this Act or any other law for the time being in force and no claim 
for such compensation shall be entertained by any court, tribunal or 
other authority. 
11. The State Government may, by notification, direct that all or Delegation 
any of the powers exercisable by it by or under any of the provisions of of powers. 
this Act may also be exercised by such other persons as may be 
specified in the notification. 
12. The provisions of this Act shall 
anything inconsistent therewith contained 
any judgment, decree or order of any court, 
in any instrument having effect by virtue 
this Act. 
have effect notwithstanding Act to 
in any other enactment or in override  
tribunal or other authority or other laws. 
 
of any enactment other than 
West Ben. 
Ord.XXIII 
of 1976. 
13. (1) The State Government may, by notification published in the Power to Official Gazette, make rules for carrying out the purposes of this Act. 	 make rules. 
(2) In particular, and without prejudice to the generality of the 
foregoing power, such rules may provide for all or any of the matters 
which may be, or are required to be, prescribed. 
14. (1) The Calcutta Tramways Company (Acquisition of 
Undertaking) Ordinance, 1976, is hereby repealed. 
(2) Any rule or order made, any notification issued, anything done 
or any action taken under the Calcutta Tramways Company 
(Acquisition of Undertaking) Ordinance, 1976, shall be deemed to have 
been validly made, issued, done or taken under this Act as if this Act 
had commenced on the 8th day of November, 1976. 
Repeal and 
savings. 
263 

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