(1) If a tramway operator authorised under an order made under section 4 or an agreement under section 5, as the case may be,-
(a) does not within the time specified in such order or agreement, substantially commence the construction of the tramway system, or
(b) having commenced the construction, suspends it without reasons sufficient in the opinion of the State Government to warrant the suspension, or
(c) does not within the time specified in such order or agreement, as the case may be, complete the tramway system and open it for public traffic, or
(d) committed material breach of any terms and conditions of such order or agreement, as the case may be, the State Government shall have the power to suspend by a notification the powers, rights and authority of the tramway operator under the order, or under the agreement, as the case may be. Any such suspension by the State Government, shall, notwithstanding anything to the contrary contained herein, be deemed to be under the order or the agreement, as the case may be, and without prejudice to the respective rights and remedies which the State Government and the tramway operator may have with respect to such suspension under the order or under the agreement, as the case may be.
Cessation of powers given by order or agreement.
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(2) A notification published by the State Government in the 8Telangana Gazette to the effect that on a date specified in the notification the construction of a tramway system had not been substantially commenced or a tramway system had not been completed and opened for public traffic or that the construction of a tramway system had been suspended without sufficient reasons, and that the power, rights, and authority of the tramway operator under the order or under the agreement, as the case may be, shall for the purpose of this section, be conclusive proof of the matter stated therein without prejudice to the rights and remedies which the tramway operator may have under the order or under the agreement, as the case may be.
(3) The rights and remedies of the State Government under this Act or any other law for the time being in force, in respect of any breach of or default under the order or the agreement, as the case may be, are without prejudice to the rights and remedies which the State Government may have under the order or the agreement as the case may be.
15. The tramway operator appointed by the State Government either through an order, or agreement, shall not transfer its rights or obligations to any person except with the prior express consent in writing of the State Government which the State Government may in its sole discretion refuse or give subject to such conditions as the State Government may deem appropriate:
Provided that nothing contained in this section shall affect,-
(a) any sub-contract entered into by the tramway operator pursuant to section 11 with any other person, or
8. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Transfer of rights and obligations.
[Act No.38 of 2008] 19
(b) the vesting of all or part of a tramway system vested in any person pursuant to an agreement entered into by the State Government.
CHAPTER - III CONSTRUCTION, OPERATION AND MAINTENANCE OF TRAMWAYS.
16. A tramway shall be developed, constructed, managed, operated and maintained in the manner provided by the order or as set forth in the agreement, as the case may be.