This Act may be called the Calcutta Tramways Act, 1894.

(Commencement). 2[* * *]

The memorandum of agreement, a copy whereof is set forth in the schedule of this Act, is hereby authorised, sanctioned and declared valid and binding upon the Corporation of Calcutta and upon the Calcutta Tramways Company, Limited, and its assignees.

(Referred to in section 2.)

Memorandum of Agreement made this second day of September 1893 Between the Corporation of Calcutta incorporated under Act II of 18883 of the Lieutenant-Governor of Bengal in Council herein-after tailed the Corporation of the one part and The Calcutta Tramways Company Limited a Company incorporated under the English Companies Acts having its Registered Office in England hereinafter called the Company of the other part Whereas the Corporation are the successors of the Corporation of the Town of Calcutta the parties of the first part to the annexed articles of agreement dated the 2nd day of October 1879 and the Company is the assignee of the rights and liabilities under the said articles of agreement of Dillwya Parrish Alfred Parrish and Robinson Souttar the parties thereto of the other part And Whereas under and by virtue of the 17th Clause of the said articles of agreement the present rent payable by the Company to the Corporation is calculated at the rate of Rs. 3,250 per annum per mile of double line and Rs. 2,250 per annum per mile of single line And Whereas the said articles of agreement do not contain any express provision prohibiting the Company after the opening of any Tramway from discontinuing the working of such Tramway And Whereas the panics hereto have deemed it expedient and have mutually agreed subject to the sanction and authorization of their said agreement by an Act of the 4[West Bengal] Legislature that the said articles of agreement should be varied or modified to the extent and in the manner hereinafter appearing Now these Presents Witness that subject to these presents being sanctioned and authorized by an Act of the 5[State Government to be hereafter passed for the purpose and in consideration of the said mutual agreement and of the covenants hereinafter contained and on the part of the Corporation and of the Company respectively to be observed and performed the Corporation do hereby covenant with the Company and its assigns and the Company for itself and its assigns doth hereby covenant with the Corporation in manner following that is to say

1. Subject as next hereinafter provided the rent payable by the Company to the Corporation from the 1st January, 1894 to the 31st December, 1900 being the end of the 21st year referred to in the said 17th clause of the said articles of agreement shall be calculated and paid at the present rate namely at the rate of Rs. 3,250 per annum per mile of double line and Rs. 2,250 per annum per mile of single line anything in the said articles of agreement to the contrary notwithstanding. Provided nevertheless that a remission of fifteen thousand rupees a year shall be granted for five years with effect from 1894 subject to the condition that the dividends declared by the Company do not exceed three and-a-half per cent per annum during that period.

2. The Company shall not during the period from 1st January, 1894 to 31st December, 1900 without the previous sanction of the Corporation discontinue the working of any of its tramways which now or hereafter may be opened for traffic.

1 Legislative Papers. For Statement or Objects and Reasons, see the Calcutta Gazette of 1894. Pt. IV., page 36: and for Proceedings in Council, see ibid. Supplement, pages 242, 345 and 478. Local Extent. Since this Act merely supplement the Calcutta Tramways Act, 1880 (Ben. Act 1 of 1330), it has the same local extent as that Act.

2 Rep by s. 4 and the Third Sch. of the Amending Act, 1903 (1 of 1903).

3 Ben. Act II of 1888 was repeated and re-enacted by the Calcutta Municipal Act, 1899 (Ben. Act III of 1899), which was also repealed and re-enacted by the Calcutta Municipal Act, 1923 (Ben. Act III of 1923), which was again repealed and re-enacted by the Calcutta Municipal Act, 1951 (West Ben. Act XXXIII of 1951).

4 These words were substituted for the word Bengal by Article 3(2) of the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948.

5 The words Provincial Government were originally substituted for the words Lieutenant Governor of Bengal in Council by paragraph 4(1) of the Government of India (Adaptation of Indian Laws) Order, 1937, and thereafter the word State was substituted for the word Provincial by paragraph 4(1) of the Adaptation of.