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Bengal Presidency - Section

Section 29 in The Calcutta Tramways Act, 1880

29. Reservation of power over roads. -

Nothing in this Act shall be construed to prevent the Corporation, or the Oriental Gas Company Limited, in the exercise of the powers conferred upon them under Act 5 of 1857 from opening, breaking up, widening, altering, diverting or improving any of the roads traversed by the tramways for the purposes for which they may now lawfully open, break up, widen, alter, divert or improve the same :Provided-
(1)that they shall cause as little detriment or inconvenience to the grantees as circumstances admit;
(2)that they may (if absolutely necessary, but not otherwise) order the temporary stoppage of traffic on the tramways or any of them on giving twenty-four hours' previous notice in writing to the grantees;
(3)that before they commence any work, whereby the traffic on the tramways will be interrupted, they shall (except in cases of urgency, in which cases no notice shall be necessary) give to the grantees notice of their intention to commence such work, specifying the time at which they will begin to do so; such notice to be given eighteen hours at least before the commencement of the work;
(4)that, in the event of their so interfering with,or stopping the running of, any tramway under this section, an abatement proportioned to the length of road over which and time during which running is stopped shall be made from the rent hereinafter reserved and payable by the grantees;
(5)that any alteration of the position of any of the tramways, or the making good of any injury or damage that may be occasioned thereto by reason of such widening, alteration or improvement, shall be executed by the grantees at the expense of the Corporation.