Calcutta Tramways Company (Taking Over Of Management) Act, 1967
No: 16 Dated: Jul, 19 1967
THE CALCUTTA TRAMWAYS COMPANY (TAKING OVER OF MANAGEMENT) ACT, 1967
West Bengal Act XVI of 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 Calcutta 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 as follows:
CHAPTER I
Preliminary
1. Short title. - This Act may be called the Calcutta Tramways Company (Taking over of Management) Act, 1967.
2. Definitions. - In this Act, unless the context otherwise requires,-
(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 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 actually in use immediately before the commencement of this Act, or intended to be used, in connection with the running of tramways.
CHAPTER II
The taking over of the management of the undertaking of the Calcutta Tramways Company
3. State Government to take over the management of the undertaking. - (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 Government (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 [nine years] from the date of its publication 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 [nine years].
4. Effect of order issued under section 6. - (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 Company 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 immediately before the appointed day.
(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 other powers including the power to borrow money and have such other duties as may be prescribed.
5. No right to compensation for termination of office. - No person who ceases to exercise any power of management 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 compensation on that account:
Provided that nothing contained in this section shall affect the right of any such person to recover from the Company moneys recoverable otherwise than by way of such compensation.
6. Management to revert to the Company. - Upon the expiration of the period of [nine years] from the date of publication of the order issued under sub-section (1) of section 3 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. Persons to assist the Administrator. - (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. Advances by State Government. - (1) The State Government may, on the application made by the Administrator in this behalf, advance moneys to the Company for the purpose of efficiently managing the business of the Company and all such moneys shall be repaid by the 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.