The Calcutta Tramways Company ( Taking Over Of Management ) Act, 1967

GOVERNMENT OF WEST BENGAL 
LEGISLATIVE DEPARTMENT 
West Bengal Act XVI of 1967 
THE CALCUTTA TRAMWAYS COMPANY (TAKING 
OVER OF MANAGEMENT) ACT, 1967. 
[Passed by the West Bengal Legislature.] 
[Assent of the President was first published in the Calcutta 
Gazette, Extraordinary, of the 19th July, 1967.] 
[19th July, 1967.] 
An Act to provide for the taking over of the management of 
the undertaking of the Calcutta Tramways Company 
Limited for a limited period in the public interest in 
order to secure the proper management of the same..  
WHEREAS it is expedient to provide for the taking over 
of the management of the undertaking of the Calcatta 
Tramways Company Limited for a limited period in the public 
interest in order to secure the proper management of the 
same ; 
It is hereby enacted in the Eighteenth Year of they 
Republic of India, by the Legislature of West Bengal, as 
follows : — 
CHAPTER i. 
Preliminary. 
1. This Act may be called the Calcutta Tramways shorb title. 
Company (Taking over of Management) Act, 1967. 
2. In this Act, unless the context otherwise require-,— Defini- tions. 
(a) "appointed day" means the date of publication of 
the order made under sub-section (1) of section 3; 
(b) "Company" means the Calcutta Tramways Company 
Limited; 
(c) "prescribed" means prescribed by rules made under 
this Act ; 
(d) "undertaking of the Company" means the proper-
ties, cash balances, reserve funds and other assets 
of the Company including lands, buildings, works, 
machinery, plants, rolling stocks, lines, mains, 
motors, dynamos, switch-boards, apparattis, tool, 
implements, motor trucks and other like property 
actually in use immediately before the commence-
ment of this Act, or intended to be used, in con-
nection with the running of tramways. 
Price—Indian, 40P. 
The Calcutta Tramways Company (Taking over of 
Management) Act, 1967. 
[West Ben. Act 
(Chapter 11.—The taking over of the 'management of the 
undertaking of the Calcutta Tramways Company. — 
.Sections 3, 4.) 
CHAPTER II. 
The tak!ng over of the management of the undertaking 
of the Calcutta Tramways Company. 
State 
Govern-
ment to 
take over 
the 
manage-
ment of 
the under-
taking. 
Effect of 
order 	 ' 
issued 
under 
section B. 
3. (1) The State Government may, by order published. 
in the Official Gazette, take over the management of the 
undertaking of the Company and appoint an 'officer not 
below the rank of a Deputy Secretary to the State Govern-
ment (hereinafter referred to as the Administrator) for 
managing the undertaking of the Company. 
.(2) An order issued under sub-section (1) shall remain in 
force for a period of three years froth the date of its publica-
tion in the Official Gazette: 
Provided that the State Government may, with the 
approval of the State Legislature, cancel such order at any 
time before •the expiry of the said period of three years. 
• 
4. (1) With effect from the appointed. day— 
(a) all persons in charge of the management of the 
undertaking of the Company, including persons 
holding offices as directors, agents or managers 
or any other managerial personnel of the Com-
pany immediately before the appointed day, 
shall cease to exercise any power of management 
and control in relation to the undertaking of 
the Company; 
(b) the undertaking of the Company shall be deemed 
to be in the custody of the Administrator who 
shall, as soon as may be after the appointed 
day, take all such steps as may be necessary to 
take the same into his custody or control; 
(c) the Administrator shall have all the powers of 
management and control in relation to the 
undertaking of the Company including any such 
powers as were exercised by the directors, agents 
or managers or any other managerial personnel 
of the Company immediately before. the 
appointed day; 
(d) persons employed by the Company in connection 
with the undertaking of the Company and 
continuing in office immediately before the .  
appointed day shall continue to remain under the 
terms and -conditions of service in force imme-
diately before the appointed day. 
No right to 
COMp0/128. 
tion for 
termina-
tion of 
(Mee. 
Manage-
ment to 
revert to 
the Com-
pany. 
Persons to 
assist the 
Adminis-
trator. 
The Calcutta Tramways Company (Takin g  over of 3 Management) Act, 1967. 
xvi elm] 
(Chapter 11.—The taking over of the management of the 
undertaking of the Calcutta Trani/ways Company.—
Sections S-8.—Chapter 111„—Miscellaneous.—Section 9.) 
(2) Subject to the other provisions of this Act and to the 
control of the State Government, the Administrator shall take 
such steps as may be necessary for the purpose of efficiently 
managing the business of the Company and shall exercise such 
,.her powers including the power to borrow money and have 
• such other duties as may be prescribed. 
5. No person who ceases to exercise any power of manage-
ment or control in relation to the undertaking of the Company 
by reason of the provisions contained in clause (a) of sub-section (1): of section 4, shall be entitled to claim any com-
pensation on that account: 
Provided that nothing contained in this section shall affect 
die right of any such person to recover from the Company 
moneys recoverable otherwise than by way of such 
compensation. 
6. 'Upon the expiration of the period of three years from 
the date of publication of the order issued under sub-section 
(1) of section 	 or upon its earlier cancellation by the State 
Government under the proviso to sub-section (2) of the said 
section, the management of the undertaking of the Company 
shall revert to the Company. 
7. (1) The State Government may appoint one or more 
persons, to be called Deputy Administrators, to assist the 
Administrator in carrying out his functions under this Act. 
(2) A Deputy Administrator shall exercise such powers 
and discharge such duties as may be entrusted to him by the 
Administrator. 
8. (1) The State Government may, on the application 
mado by the Adidnistrator in this behalf, advanc e  moneys to the Company for the purpose of efficiently managing -  the 
business of the Company and all such moneys shall be repaid 
•by (he Company with such interest as may be prescribed. 
(2) Any money advanced to the Company under sub-
section (1) shall, subject to the prior payment of municipal 
rates and any sum due to Government on account of taxes or 
fees, be a first charge upon the undertaking of the Company. 
CHAPTER III. 
Advances 
by State 
Govern-
ment. 
Miscellaneous. 
9. (1) When an order has been made under sub-section 
(1) of section 3 in relation to the undertaking of the Company, 
every person having possession, custody or control of the 
undertaking of the Company or any part thereof, shall 
forthwith deliver the same to the Administrator or to such 
officer as may be authorised by the Administrator in this 
behalf. 
Duty to 
deliver 
possession 
of property 
and dom. 
me nts 
relating 
thereto. 
Powers of 
inspection, 
4 The Calcutta Tramways Company (Taking over ,  of 
Management) Act, 1967. 
[West Ben. Act 
(Chapter HI.—Miscellaneous.—Sections 10, 11.) 
(2) Any person who, at the commencement of this Act, 
has in his possession or under his control any books, docu-
ments or other papers relating to the undertaking of the 
Company, including any letters, memoranda, notes or other 
communications between him and the Company shall, not-
withstanding anything contained in any law for the time 
being in force, be liable to account for the said books, docu-
ments and other papers (including such letters, memoranda, 
notes or other communications) to the Administrator and shall 
deliver them to the Administrator or to such officer as may be 
authorised by the Administrator in this behalf. 
(3) The State Government may .  take all necessary steps for 
securing custody of the undertaking of the Company. 
10. (1) For the purpose of ascertaining whether any pro-
perty is comprised in the undertaking of the Company or for 
any other purpose mentioned in this Act or the rules made 
thereunder, any person authorised by the State Government 
in this behalf shall have the right to— 
(a) enter and inspect any premises; 
(b) require any person having the possession, custody or 
control of any register or record rehting to the 
undertaking of the Company to produce such 
register or record; 
require the occupier of any property comprised in 
the undertaking of the Company to submit to the 
person so authorised such accounts, books or other 
documents or to furnish to him such information 
as he may reasonably think necessary; and 
(d) examine any person having the control of_ or 
employed in connection with, the undertaking of 
the Company and require him to make any state-
ment relating to the undertaking of the Company. 
(6) 
Penalty for 
false state-
ments. 
11. (1) If any person,— 
(a) when required by this Act or by any order made 
under this Act to make any statement or furnish 
any information, makes any statement or fur-
nishes any information which is false in any 
material particular and which he knows or believes 
to be false or does not believe to be true; or 
(b) makes any such statement as aforesaid in any book, 
account, record, return or other document which 
he is required by any order made under this Act 
to submit, 
he shall be punishable with imprisonment for a term which 
may extend to two years, or with fine which may extend to 
two thousand rupees, or with both. 
The Calcutta' Tramways Company (Taking over of 
Management) Act, 1967. 
XVI of 1967.] 
(Chapter .I11.—Miscellaneous.—Sections 12-15.) 
(2) Any person, who— 
(a) having in his possession, custody or control any prol- 
pei 	 forming part of the undertaking of the 
Compaoy, wrongfully withholds such property 
from the Administrator, or 
(6) wrongfully obtains possession of any property form-
ing part of the undertaking of the Company, or 
(e) wilfully withholds or fails to produce to any person 
authorised under this Act, any register, record 111 
other document which may be in his possession, 
custody or control, or 
(d) fails, without any reasonable cause, to submit any 
accounts, books or other documents, when required 
to do so, 
shall be punishable with imprisonment for a term which 
may extend to two years, or with fine which may extend 
to two thousand rupees, or with both. 
(3) All offences under this section shall be cognizable. 
12. The Administrator shall have the power to institute, APower iso.f 
defend, or take part in, any suit or proceeding by or a,gainst trate/. to the Company, relating to the undertaking of the Company. institute, 
defend, 
etc., 
suits and 
proceed-
ings. 
13. No suit, prosecution or other legal proceedings shall 
lie against the State Government or the Administrator or 
any other person for anything which is in good faith done or 
intended to be done under this Act or the rules made there-
under. 
14. The provisions of this Act or any order or rule made 
thereunder shall have effect notwithstanding anything incon-
sistent therewith contained in any law other than this Act 
or any instrument having effect by virtue of any law other 
than this Act. 
15. The State Government may, from time to time, 
give such directions to the Administrator as the State 
Government may deem fit for the proper management of the 
undertaking of the Company and the Administrator shall 
comply with such directions. 
Protection 
of action 
taken 
under the 
Act. 
Overriding 
effect of 
Act. 
Power of 
State 
Govern-
ment to 
give direc-
tions. 
Annual ad. 
ministra-
tion report 
to be laid 
before the 
State 
Legis-
lature. 
Power to 
make rules. 
Power to 
remove. 
difficulties. 
6 	 The Calcutta Tramways Company (Taking over of 
Management) Act, 1967. 
[West Ben. Act XVI of 19614 
(Chapter 111.—Miscellaneous.—Sections 16-18.) 
16. The State Government shall, as soon as may be after 
the expiry of each financial year, lay before each House of 
the State Legislature an annual administration report from 
the Administrator in respect of the undertaking of the Com-
pany with an audited statement of accounts. 
17. (1) The State Government may make rules for 
carrying out the purposes of this Act. 
(2) In particular, and without prejudice to the generality 
of the foregoing power, such rules may provide for all or 
any of the following matters, namely :— 
(a) the powers and duties of the Administrator includ-
ing the manner of keeping accounts ; 
(b) interest to be paid in respect of advances under sub-
section (1) of section 8 ; 
any other matter which has to be, or may be, 
prescribed. 
(3) Every rule made by the State Government under this 
ia shall be laid, as soon as may be after it is made, before 
each House of the State Legislature while it is in session for 
a total period of thirty days which may be comprised in one 
session or in two successive sessions, and if, before the expiry 
of the session in which it is so laid or the session immediately 
following, both Houses agree in making any modification in 
the rule or both Houses agree that the rule should not be made, 
the rule shall thereafter have effect only in such modified 
form or be of no effect, as the case may be ; so, however, that 
any such modification or annulment shall be without pre-
judice to the validity of anything previously done under that 
rule. 
18. If any difficulty arises in giving effect to the 
provisions of this Act, the State Government may, by order 
as occasion requires, do anything, not inconsistent with 
the provisions of this Act, which appears to it to be 
necessary for the purpose of removing such difficulty. 
(e) 
WBGP-67/8.4125A-5M. 

‹ Prev All West Bengal acts Next ›