36. Recovery of moneys due from promoters and, in certain cases, from lessees.—Any of the
following moneys, namely, any rent due to a local authority from a lessee, any penalty recoverable from a
promoter or lessee under an order, any sum payable by a promoter or lessee under an award of a referee,
the cost of the performance under this Act by the 1
[Government] or by a local authority or road-authority
of any work required by this Act or by an order to be done by a promoter, and the cost incurred by a roadauthority in removing a tramway and reinstating a road under this Act, may, without prejudice to any
1. Subs. by the A.O.1937, for “L. G.”.
2. The relevant provisions of the Arbitration Act, 1940 (10 of 1940) to be referred to.
18
other remedy that the authority to which the money is due may have by suit or otherwise, be recovered by
that authority, on application made in this behalf to the Collector, as if the sum due were an arrear of
land-revenue due by the promoter or lessee or his surety (if any):
Provided that nothing in this section shall authorize the arrest of the promoter or lessee or his surety in
execution of any process issued by the Collector.
37. Recovery of tolls from licensees.—(1) If a licensee fails to pay on demand the tolls due for
the use of a tramway, the promoter or lessee to whom the tolls are due may, without prejudice to the
remedy which he may have by suit, apply to a Magistrate to recover the amount of the tolls, and the
Magistrate may, after giving notice to the licensee, if possible, and allowing him an opportunity of being
heard, proceed to recover the amount by distress and the sale of any carriages or other moveable property
of the licensee which may be found on the tramway or on premises connected therewith.
(2) When a licensee has failed to pay on demand the tolls due from him, the promoter or lessee to
whom the tolls are due may seize any carriage or other moveable property of the licensee on the tramway
or on premises connected therewith, and detain the same for forty-eight hours unless the tolls are sooner
paid.
(3) When application is made to a Magistrate under sub-section (1), he may make an interim order of
distraint pending his final decision.
38. Recovery of tolls from passengers.—Any toll due to a promoter, lessee or licensee from a
passenger may be recovered either by suit or, on application to a Magistrate having jurisdiction within
any local area in which any part of the tramway is laid, by distress and sale of any moveable property
belonging to the passenger within the local limits of the jurisdiction of the Magistrate.