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Union of India - Section

Section 23 in Indian Tramways Act, 1886

23. Lease of, or working of, tramway by local authority.

(1)When a local authority has under the authority of an order completed a tramway, or has under the provisions of this Act or of an order acquired possession of a tramway, it may, by a lease to be approved by the [Government] [Substituted 'Local Government' by the A.O. 1937.], let to any person the right of user of the tramway and of demanding and taking the authorized tolls.
(2)On the determination of a lease the local authority may from time to time let the right for such further term and on such conditions as the [Government] [Substituted 'Local Government' by the A.O. 1937.] may approve.
(3)Every lease made under this section shall imply a condition of re-entry if at any time after the making thereof it is proved to the satisfaction of the [Government] [Substituted 'Local Government' by the A.O. 1937.] that the lessee has practically discontinued the working of the tramway leased, or of any part thereof, for the space of one month without a reason sufficient, in the opinion of the [Government] [Substituted 'Local Government' by the A.O. 1937.], to warrant the discontinuance.
(4)Notice of the intention of the local authority to make a lease shall be given in manner prescribed.
(5)If the local authority cannot by means of a lease obtain what it deems to be a fair rent for the tramway, it may itself, with the previous sanction of the [Government] [Substituted 'Local Government' by the A.O. 1937.] and for such term as the [Government] [Substituted 'Local Government' by the A.O. 1937.] directs, place and run carriages upon the tramway, and demand and take the authorised tolls in respect of the use of the carriages.Rules