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8. Except as provided in Clause 2 no person other than the Grantee may use upon any tramway or tramways to be made under this agreement carriages with flange wheels or other wheels suitable only to run on the prescribed rail.
9. The Grantee shall have the power to fix from time to time the rates of fares for carrying passengers and goods in the said cars or carriages provided thut the rate for each passenger or parcel sball for any distance not exceeding three miles not exceed four annas and shall not for any greater distance exceed the same proportion.
10. The Grantee may (for the purpose of constructing and maintaining any tram. ways under this Agreement) under such superintendence as is hereinafter specified open and break up the soil and pavement of the several public and other streets and bridges in Karachi and therein lay rails and all necessaries and from time to time repair alter or remove the same and may for the purposes aforesaid remove and use all earth and materials in such streets and bridges and do in and on such streets and bridges all other acts which he shall from time to time deem necessary for constructing and maintaining such tramways subject to the following conditions :
Ist. He shall give to the Engineer of the Municipality notice in writing of his intention to open or break up any such street or bridge specifying the time at which he will begin to do so and the portion of the road proposed to be opened or broken up, such notice to be given at least three days before the commencement of the work.
2nd. He shall not open or break up or alter the level of any road, street or bridge except under the inspection and to the reasonable satisfaction of the Engineer to the Municipality.
3rd. He shall not without the consent of the Engineer to the Municipality open or break up at any one time a greater length than a half of a mile ou any one line of tramway.
4th. He shall with all convenient speed complete the work for which the said street or bridge shall be broken up and fill in the ground and make good the surface and to the satisfaction of the Engineer to the Municipality restore the street or bridge to as good condition as that in which it was before it was opened or broken up and clear away all surplus materials or rubbish occasioned thereby.
5th. He shall make good all damage done to the gas and water pipes and sewers whether belonging to the Municipality or to private individuals by the disturbance thereof.
6th. He shall in the meantime when such street or bridge is broken up cause it to be watched and to be properly lighted at night.
11. The Grantee shall at his own expense at all times maintain and keep in good condition and repair to the reasonable satisfaction of the Engineer to the Municipality, the rails of which any of the tramways shall for the time being consist and also so much of any street or bridge whereon any tramway belonging to him is laid as lies between the rails of the tramways and in the case of double lines the portion of the road between the tramways, and in erery case so much of the road as extends eighteen inches beyond the rails of and on each side of any such tramway and in the course of carrying out these repairs it shall not be necessary to give notice thereof to the Municipality.
12. In exercising the powers given to him by Clauses 10 and 11 the Grantee shall arrange his work so as to afford the least possible obstruction to the ordinary traffic of the streets, and so as also to admit of as free and unrestricted entry at all times into the sewers through the manholes and lampholes for the time being in use as is possible under the circumstances, and also so as to enable proper repairs to be made to water or gas pipes by the direction of the Municipality, prorided always that the Municipality shall keep all gas and waterpipes and other pipes or works which may hereafter be laid down as far practicable from the lines of tramway.
13. If the Gruntee shall commit any breach of Clauses 10, 11 and 12 it shall be lawful for the Municipality in their discretion where such breach shall be in the execution of any work or repairs at any time after 7 days' notice to the Grantee themselves to do and execute such work or repairs and the expenses incurred by the Municipality in so doing including the cost of superintendence shall be repaid to them by the Grantee and the certificate of the Engineer to the Municipality as to such cost shall be conclusive.
14. If any person sustain any loss or damage by reason of any defect or want of repairs in any of the plant, rolling stock or other properties of the Grantee, or by reason of any carelessness, neglect or misconduct of his agents or servants in the management, construction or use of the said tramways or any portion thereof, or in the exercise of the powers given by Clauses 10 and 11 the same shall be made good by the Grantee, and in the event of any suit being instituted against the Municipality in respect of any of the matters herein before mentioned the Grantee shall within 14 days from receipt of notice thereof from the Municipality settle the same, but if the Grantee chooses to defend such suits he shall be at liberty to do so on his undertaking to indemnify the Municipality against all losses, damages and expenses in respect thereof, provided always that if the Grantee fails to settle such suit or to indemnify the Municipality as is herein before provided it shall be lawful for the Municipality to settle the same without any consent or concurrence on the part of the Grantee and the sum which they shall have to pay in making such settlement and with all expenses to which they may be put shall be recoverable as a debt from the Grantee.
15. If at any time after the opening of any tramway for traffic the Grantee shall discontinue the working of such tramway or any part thereof for the space of six calendar months (such discontinuance not being occasioned by circumstances beyond the control of the Grantee) it shall be lawful for the Municipality without any previous notice to the Grantee to remove the tramway or any part thereof so discontinued. And the Grantee shall pay to the Municipality the cost of such removal and of the making good of such street or bridge through which the said tramway shall have been made and the certificate of the said Engineer to the Municipality as to such cost shall be conclusive.
16. The Grantee will if required by the Municipality before opening and breaking up the soil and pavement of any street or bridge under Clause 10 of these presents deposit in the Bank of Bombay or other approved Bank in Karachi in the name of the Municipality the sum of Rupees 5,000 or in his option promissory Notes of the Government of India or Municipal Bonds of the nominal value of Rupees 5,000 and the same will remain so deposited until the completion by the Grantee of the lines of tramway hereby sanctioned. But all interest accruing on the said sum or the said notes shall be credited to the Grantee and subject as next hereinafter mentioned be paid to him as the same shall accrue due, provided nevertheless that the Municipality shall be entitled to deduct out of the sum so deposited or the interest accruing on the said sum or notes or bonds or out of the proceeds of sale of the said notes or bonds all moneys to which they may be entitled under these presents.
17. In consideration of the concession hereby granted the Grantee shall pay to the Municipality a sum at the rate of 500 Rupees per annum per mile of running tramway whether double or single line, all necessary sidings, turnouts, connections or loops of whatsoever kind being, however, exempt from such mileage rate and the said sum shall be payable half-yearly and shall form a first charge on the undertaking and the date on which such sum on each line of tramways or part of a line shall begin to accrue shall be the date on which such line or part of a line of tramway shall be opened for public traffic. The sum so payable as aforesaid shall be in lieu of all rates, taxes, and assessments of any kind whatsoever made by or payable to the Municipality in respect of the Tramways, Horses, Carriages, Engines, Depôts, Stables and any other property
or effects, provided always that no lines or sidings over which passengers or goods are not carried for hire connecting the traffic lines with the stables, carriage sheds, or depôts or other property of the Grantee shall be included in mileage for which such sum shall be payable.
18. If the said sum or any part thereof shall not be paid on due date the Grantee shall be liable to pay interest thereon at the rate of 8 per cent. per annum from the due date until payment.
19. From and after the commencement of 15th year of this contract to the end of the twenty-first the Grantee shall not be at liberty to enter upon any fresh engagements or expenditure which would increase his capital account in connection with this contract without first notifying his intention to the Municipality and obtaining their approval thereof and sanction thereto in writing.
20. The Municipality shall have the right of purchasing the said tramways with the plant, buildings, stores, rolling stock and everything connected therewith upon the expiration of twenty-one years from the date of opening the first section for traffic upou declaring its intention so to do by notice in writing to be given to the Grantee not less than six months before the expiration of the said 21 years and shall have a renewed right of purchase at the end of every seven years after the expiration of the said 21 years upon similar notice being given and the cousideration for such purchase shall be a cash payment of one and two-fifths of the amount of the invested capital of the Grantee or Securiţies of the Government of India, or Securities the interest whereon shall have been guaranteed by the Secretary of State for India in Council of such amount as to produce at the rate of interest current on such Securities seven per cent. per annum on the amount of the said invested capital and if the consideration for such purchase shall be given in such Securities as aforesaid the Grantee shall be entitled to have in addition a first mortgage of all the property assets and profits of the tramway or tramways which shall have been purchased from him.
21. In the event of the Municipality failing to declare its intention as above provided to purchase the property of the Grantee the terms of this contract shall continue in force.
22. The provisions hereinbefore cortained shall so far as applicable apply to all tramways to be constructed by the Grantee by any route or routes to be hereafter fixed by the Municipality or under Clauses 1 and 3 of these presents and to the works connected with or incidental to such tramways.
23. The date of the commencement of this contract or concession shall be the date on which notice of the confirmation hereof by the Bombay Legislature shall be given to the Grantee or his representative in Karachi.
24. Unless the Grantee shall have commenced the work of laying down the said tramways within 12 months from the said date the Municipality shall be at liberty to cease and determine this contract and to enter into arrangements with any other person or persons for the construction of tramways.
25. Nothing in this agreement shall take away or affect any power which the Municipality may have by law to open or break up or to widen, alter, divert or improve any street or road provided always :
1st. That they shall cause as little inconvenience to the Grantee as circumstances will admit.
2nd. That they may (if absolutely necessary but not otherwise) order the temporary stoppage of traffic on the said tramways or any of them on giving twenty-four hours' notice in writing to the Grantee.
3rd. 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 notice shall be necessary) give to the Grantee notice of their intention to commence such work specifying the time at which they will begin to do so, such notice to be given twenty-four hours at least before the commencement of the work.
4th. That in the event of their so interfering with or stopping the running of any tramway under this clause an abatement proportioned to the length of road over which and time during which running is stopped shall be made from the sum hereinbefore reserved and payable by the Grantee in lieu of Municipal rates, taxes and assessments.
5th. 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 Grantee at the expense of the Municipality.
26. If any doubt, difference or dispute shall arise between the Grantee and the Municipality touching the construction of these presents or anything herein contained or touching or concerning, any other matter or thing relating to these presents then and in every such case such doubt, difference or dispute shall be referred to the arbitration of two persons one to be chosen by the Grantee and the other by the Municipality within one calendar month after either of them shall have made to the other a requisition to that effect in writing and should the Arbitrators fail to agree they shall refer the question at issue to the decision of an Umpire to be chosen by the said Arbitrators and the decision of such Arbitrators if they agree or of such Umpire if they disagree shall be final and in case either party shall neglect or refuse to appoint an Arbitrator within the specified time the Arbitrator apppointed by the other party shall make a decision alone and the decision of such Arbitrators, Umpire or Arbitrator as the case may be shall be effectual and binding upon both parties.
Bombay Act No. III. of 1883.
PUBLISHED BY THE GOVERNOR OF BOMBAY ON THE 8TH MAY, 1883.
An Act to further amend the Bombay Port Trust Act, 1879.
WHEREAs it is expedient to amend the Bombay Port Trust Act, 1879, in manner hereinafter appearing: It is enacted as follows:1. After the word and figure " section 22 ”and before the word and
figure " or 23" in the proviso to section 21 Amendment of proviso in sec
there shall be inserted the following words and tion 22.
figures, namely :“ (except clauses 5 and 6 thereof).” Addition to clause 5 of seca
2. To clause 5 of section 22 there shall tion 22.
be added the following proviso, namely :“Provided that it shall be in the discretion of the Board to determine whether all of such officers and servants, or any, and, if so, which of them, shall become entitled on retirement to any such pensions, gratuities, or compassionate allowances as aforesaid.”
Addition to clause 6 of sec
3. To clause 6 of section 22 there shall tion 22.
be added the following words, namely :“or to such Provident Fund, if any, as may be established by the Board for the benefit of such officers and servants." Addition to clause 1 of sec
4. To clause 1 of sectiou 49 there shall tion 49.
be added the following words, namely : “Or to such Provident Fund, if any, as may be established by the Board for the benefit of such officers and servants, and if any such Provident Fund be established by the Board the costs and expenses, if any, which
may be incurred by the Board in the conduct and administration thereof." 'It Boullaçs.21 This Act to be taken as part 5. This Act shall be read with, and of Bombay Act VI. of 1879.
taken as part of, Bombay Act VI. of 1879.
18/94 12(15 osch
Bombay Act No. IV. of 1883.
liable to imprisonment under the Criminal Procedure Code.
the contrary, any person who, whilst he is Civil prisoners may be confined imprisoned in a civil jail, becomes liable to be under the Criminal Procedure Code in a eivil jail.
imprisoned or committed to custody under the
Code of Criminal Procedure, 1882, may, if the Governor in Conncil so directs under Section 541 of the said code, be confined under the said code in a civil jail :
Provided that on such person's obtaining his release from civil custody he shall, if still liable to be imprisoned or kept in custody under the said code, be forthwith transferred to a criminal jail.
Bombay Act No. V. of 1883.
Mugistrates and other public authorities.