Proceedings of the Council of the Governor of Bombay Assembled for the Purpose of Making Laws Volume 36 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1900 Excerpt: ... do not see why the Board should receive any deduction from their liability for the actual cost of maintaining the streets. The Honourable Mr. Hughes--It seems to me that rents received from the use of a public street by the Tramway Company, can legitimately be deducted from the charges the Board will have to p;iy to the Corporation for maintaining the streets. The section provides a convenient way for arriving at the credit which the Board should receive. The Board is entitled to the money and it should be paid to them. The Honourable Mr. Mehta--As my honourable friend thinks the arrangement an equitable one, I will not press my amendment. The amendment was by leave withdrawn and Section 63A agreed to. The Honourable Mr. Mehta next moved that Section G3B be deleted. He said--The amendment is very simple so far as the wording is concerned, but it is of great importance. There are in the Bill guarantee clauses or bludgeon clauses to which I shall presently refer, but here we have suddenly before us a clause which is the worst bludgeon clause that can possibly be had. It is a clause which will lead people to imagine that the Corporation cannot be trusted to do anything that it ought to do; that it cannot be trusted to meet any liability which it has incurred, and cannot be trusted to make any payment the Act says it should make. Is this a right position in which to place the Corporation? The bludgeon clauses of the Municipal Act are very different to these. They are for the purpose of enabling Government to call upon the Corporation to perform certain duties which they may stem to Government under certain circumstances to have neglected, including therein questions of opinion as to the way in which these duties should be performed. The bludgeon clauses of the...