86540
Lawyers Network
103860
Users
630
Cities Serving
114
Law Schools Network
59824
TRAMWAYS ACT, 1886
11 of 1886
l2th March,1886
STATEMENT OF OBJECTS AND REASONS "The introduction of this Bill has been rendered necessary by the projected construction of tramways in parts of India beyond the reach of a local legislature. In 1883 a special Act was passed by the Governor General in Council to authorise the making, and regulate the working, of tramways in Rangoon. Since that year application has been made for special Acts for tramways in Lahore and Amritsar and legislation would probably be found to be necessary to regulate the use of tramways in other large towns in which their construction has been approved by or is under the consideration of the local authorities. The Bill has been drawn on the lines of the Tramways Act 1870 (33 and 34 Vic., c.78). and of the provisional orders and rules made by the Board of Trade under that statute. These orders and rules, and the fullest discussion on almost all points connected with the subject of tramways, will be found in Mr.Sutton's Tramways Act of the United Kingdom. " * * * -Gaz. of Ind.. 1865, Part V. p. 308.
An Act to facilitate the construction and to regulate the working of tramways WHEREAS it is expedient to facilitate the construction and to regulate the working of tramways: It is hereby enacted as follows:
CHAPTER 1 PRELIMINARY
SECTION 01: SHORT TITLE AND COMMENCEMENT
(1) This Act may be called THE INDIAN TRAMWAYS ACT, 1886; and
(2) It shall come into force at once.
SECTION 02: LOCAL EXTENT
(1) It extends in the first instance to1[the whole of India except2[the territories which, immediately before the 1st November, 1956,
were comprised in Part B States] and the territories which were on the 12th March, 1886, respectively], administered by the Governor of Fort Saint George in Council, the Governor of Bombay in Council and the Lieutenant Governor of Bengal.
3[(2) This Act may by notification in the Official Gazette be extended to the whole or any part of the said territories by the 4[State Government] concerned.]
SECTION 03: DEFINITIONS
In this Act, unless there is something repugnant in the subject or context,-
(1) "Local authority" means a municipal committee, district board, body of port commissioners or other authority legally entitled to, or entrusted by5[the Central Government or any State Government] with, the control or management of a municipal or local fund:
(2) "road" means the way of a road, street, thoroughfare, passage or place along or across which a tramway authorized under this Act is, or is in- tended to be, laid, and includes the surface-soil and sub-soil of ¯ road, and the footway, berms, drains and ditches of a road, and any bridge, culvert or causeway forming part of a road:
(3) "road-authority", in relation to a road, means-
(a) if a local authority maintains and repairs the road, then that authority;
(b) if a local authority does not maintain and repair the road, and the road is neither vested m Government nor maintained and repaired by ap[* * * Government]], then the person in whom the road is vested; and
(c) if a local authority does not maintain and repair the road, and the road is vested in Government or maintained and repaired by chase[** * Government], then "[the Government for whose purposes a road is so vested or by which the road is maintained and repaired, as the case may be]:
(4) "circle", in relation to a local authority or road-authority, means the area within the control of that authority:
9[(5) "tramway" means a tramway having one, two or more rails, and includes -
(a) any part of a tramway, or any siding, turnout, connection, line or track belonging to a tramway;
(b) any electrical equipment of a tramway; and
(c) any electric supply -line transmitting power from a generating station or sub -station to a tramway or from a generating station to a sub-station from which power is transmitted to a tramway.] 131 Substituted for the original clause by the Indian Tramways (Amendment) Act, 1911 (5 of 1911), S. 2.
(6) "order" means an order authorizing the construction of a tramway under this Act, and includes a further order substituted for or amending, extending or varying that order:
(7) "promoter" means a local authority or person in whose favour an order has been made and includes a local authority or person on whom the rights and liabilities conferred and imposed on the promoter by this Act and by the order and any rules made under this Act as to the construction, maintenance and use of the tramway, have devolved:
(8) "undertaking" includes all moveable and immoveable property of the promoter suitable to and used by him for the purposes of the tramway:
(9) "carriage", in the case of a tramway on which steam-power or any or mechanical power or electrical power] is used, includes an engine worked on the tramway for the purpose of producing9[or utilizing] that power:
(10) "toll" includes any charge leviable in respect of the use of a tramway:
(11) "lessee" means a person to whom a lease has been granted of the right of user of a tramway and of demanding and taking the authorized toils:
(12) "District Magistrate" includes an officer empowered by the10[Government] by name or by virtue of his office to discharge within any local area all or any of the functions of a District Magistrate under this Act:
(13) "District Court" means a principal Civil Court of original jurisdiction, and includes a High Court having ordinary original civil jurisdiction:
(14) "Collector" means the chief officer in charge of the revenue administration of a district, and includes an officer empowered by the11[Government] by name or by virtue of his office to discharge within any local area the functions of a Collector under this Act12[*]:
(15) "prescribed" means prescribed by rules made by the13[Government] under this Art:14[and]
15[(16) "Government", in relation to a tramway which is wholly within a municipal area or which is declared not to be a railway under clause (20) of Article .366 of the Constitution, means the State Government and, in relation to any other tramway, means the Central Government.]
CHAPTER 2 ORDERS AUTHORIZING THE CONSTRUCTION OF TRAMWAYS
SECTION 04: APPLICATION FOR AND CONSENT NECESSARY TO MAKING OF ORDER
(1) The [Government] may make an order authorizing the construction of a tram- way in a circle on application made-
(a) by the local authority of the circle with the consent of the road authority of any road or part of a road which is to be traversed by the tramway and of which the local authority is not itself the road authority or (b) by any person with the consent of the local authority of the circle, and of the road -authority of any road or part of a road which is to be traversed by the tramway and of which the local authority is not the road- authority:16[* * * * *)
(2) A local authority shall not make an application for an order, or he deemed to consent to an application being made by any person for an order, unless the making of the application or the giving of the consent has been approved by the local authority in manner prescribed.
SECTION 05: CONSENT OF LOCAL OR ROAD AUTHORITY NOT NECESSARY IN CERTAIN CASES
When it is proposed to lay a tramway in two or more circles, and a local authority or road-authority having control in either or any of the circles does not consent thereto, or attaches conditions to its consent, the17[Government] may, nevertheless, make an order authorizing the construction of tramway in the circle, or by the order impose on the promoter any conditions which it deems fit, if, after considering the reasons of the authority for withholding ifs consent or attaching the conditions thereto, it is satisfied that the construction of the tramway in the circle is expedient, or, as the case may be, that the conditions attached by the authority to its consent ought not to be imposed.
SECTION 06: PROCEDURE FOR MAKING ORDER
(1) The18[Government] on receiving an application shall consider it, and, if satisfied as to the propriety of proceeding thereon, publish in the Official Gazette, and in such other manner as it deems sufficient for giving information to persons interested, a draft of a proposed order authorizing the construction of the tramway.
(2) A notice shall be published with the draft staling that any objection or suggestion which any person may desire to make with respect to the proposed order will, if submitted to the18[Government] on or before a date to be specified in the notice, be received and considered.
(3) If after considering any objections or suggestions which may have been made with respect to the draft on or before the date so specified, the18[Government] is of opinion that the application should be granted, with or without addition or modification, or subject or not to any restriction or condition, it may make an order accordingly.
(4) Every order authorizing the construction of a tramway shall be published in the Official Gazette in English, and in the other prescribed language or languages, if any; and that publication shall be conclusive proof that the order has been made as required by this section.
SECTION 07: CONTENTS OF ORDER
(1) An order mace under section 6-shall empower the promoter therein specified to construct and maintain the tramway therein described in the manner therein provided, and shall specify the time within which the tramway shall be commenced and the time within which it shall be completed and opened for public traffic.
(2) The order may also provide, in manner consistent with this Act, for all or any of the following, among other matters, that is to say:-
(a) a period before the expiration of which the tramway shall not be commenced, and the conditions subject to which the local authority, when it is not itself the promoter, may, within that period elect to be substituted in the place of the promoter in respect of the undertaking or of so much thereof as is within its circle; and the limits of time within which, and the terms upon which, the local authority may, after the tramway has been constructed, require the promoter to sell to it the undertaking or so much thereof as is within its circle;
(b) the acquisition by the promoter of land for the purposes of the tramway, and the disposal by him of land which has been acquired but is no longer required for those purposes;
(c) the conditions subject to which roads may be opened and broken up for the purposes of the construction or maintenance of the tramway or any part thereof, and the method of, and materials to be used in, the reinstating of the roads, and the approval of the method and materials by the 19[Government] or the road -authority before the commencement of the work;
(d) the conditions on which the tramway may be constructed over a bridge or across a railway or tramway when the carriage way over the bridge is to form part of the tramway or when the tramway is to cross a rail- way or another tramway on the level; 20(e) the space which shall ordinarily intervene between the outside of the carriage -way on either side of a road whereon the tramway is to be constructed, and-
(i) in the case of a tramway having one rail, the rail of the tramway, or
(ii) in the case of a tramway having two or more rails, the nearest rail of the tramway, and the conditions on which a smaller space may be permitted;]
(f) the gauge of the tramway, the rails to be used, and the mode in which and the level at which, they shall be laid and maintained; and the adoption and application by the promoter of such improvements in the rails; and in their situation, and in the sub -structure upon which they rest, as the 19[Government] may from time to time require;
(g) the portion of the road or roads traversed by the tramway to be kept in repair by the promoter; the maintenance by the promoter to the satisfaction of the 19[Government] or the road-authority, or both, of that portion of the road or roads; and the liability of the promoter, on the requisition of the19[Government], from time to time to adopt and apply such improvements in the tramway as the 19[Government] may consider necessary or desirable for the safety or convenience of the public, and to alter the position or level of the tramway to suit future alterations in the road or roads;
(h) the application of material excavated by the promoter in the construction or maintenance of the tramway;
(i) the provision of such crossings, passing-places, sidings, junctions and other works, in addition to those specified in or authorized by the order, as may from time to time be necessary or convenient to the efficient working of the tramway;
(j) the powers which may from time to time be exercised by the19[Government] , the local authority, the road -authority or any person in respect of sewers, drains, telegraph-lines, gas -pipes, water-pipes or other things in or on land occupied by the tramway; the notice (if any) to be given of the intended exercise of those powers: the manner in which the powers shall be exercised; and the extent to which the tramway and the traffic thereon may be interfered with in the exercise thereof;
(k) the conditions subject to which the promoter may from time to time interfere with, or alter or require the alteration of the position of, drains (not being sewers or main drains), telegraph lines, gas -pipes, water - pipes or other things as aforesaid;
(1) the provision of a temporary tramway in place of a part of a tramway which has been removed, or of which the use has been discontinued by reason of the execution of any work affecting a road along which the part of the tramway was laid, or by reason of the use of the road being interrupted by floods or other cause;
(m) the motive power to be used on the tramway, and the conditions on which steam-power or any other mechanical power 18[or electrical power] may be used;
(n) the nature, dimensions, fittings, appliances and apparatus of the carriages to be used on the tramway, and the inspection and examination thereof by officers of the19[Government] or the local authority, and the liability of the promoter or lessee, on the requisition of the19[Government], from time to time, to adopt and apply such improvements in the carriages, and in the fittings, appliances and apparatus, as the19[Government] may consider necessary or desirable for the safety or convenience of the public;
(o) the traffic which may be carried on the tramway; the traffic which the promoter or lessee shall be bound to carry, and the traffic which he may refuse to carry; the tolls to be leviable by the promoter or lessee, and the periodical revision thereof by the 19[Government]; and the regulation of the traffic and of the levy of the tolls;
(p) the use of the tramway free of toll by the local authority, with its own carriages, for specified purposes, during specified hours, with power to the local authority to make such sidings and other works as may be necessary for communication between its premises and the tramway;
(q) the conditions subject to which the promoter may transfer the under- taking, or any part thereof, by sale, mortgage, lease, exchange or other wise; and the conditions subject to which the local authority may be the transferee;
(r) the performance by the 19[Government] or by the local authority or road- authority of any work required by the Act or the order to be done by the promoter; and
(s) the penalty to be incurred by the promoter or lessee for failure to ob- serve any condition or direction contained in the order, and the application of the penalty when recovered.
(3) The19[Government] may, in providing in the order for the acquisition of land for the purposes of a tramway of which the promoter is not a company, direct that land may be acquired for the promoter under the provisions of the Land Acquisition Act, 1870 in the same manner and on the same conditions as it might be acquired for the purposes of the tramway if a company were the promoter.
(4) The order shall imply the condition -
(a) in the case of a tramway of which a local authority is the promoter, that a lease thereof shall be granted only in manner by this Act provided; and
(b) in the case of a tramway of which a local authority is not the promoter, that a lease thereof shall be only of the right of user and of demanding and taking the authorized tolls, and shall not confer or impose on the lessee any of the powers or duties of the promoter in respect of the construction or maintenance of the tramway.
SECTION 08: FURTHER ORDER
(1) The 22[Government] may, on the application of the promoter, revoke, amend, extend or vary the order by a further order.
(2) An application for a further order shall be made in the same manner and subject to the same conditions as an application for an order.
(3) The22[Government] may, in its discretion, either grant or reject the application.
(4) If it grants the application, it shall make the further order in the same manner as an order, except that no addition to, or modification of, the rights, powers and authorities asked for in the application, or restriction or condition with respect thereto, shall be made or imposed by the further order without the consent in writing of the promoter.
SECTION 09: POWER TO AUTHORIZE JOINT WORK BY LOCAL AUTHORITIES
(1) Subject to and in accordance with, the provisions of this Act, the23[Government] may, on a joint application, or on two or more separate applications, make an order empowering two or more local authorities, respectively, jointly to construct the whole, or separately to construct parts, of a tramway, and jointly or separately to own the whole or parts thereof,
(2) All the provisions of this Act which relate to the construction of tramways shall extend and apply to the construction of the whole and the separate parts of the tramway, and the form of the order may be adapted to the circumstances of the case.
SECTION 10: CESSATION OF POWERS GIVEN BY AN ORDER
(1) If a promoter authorised by an order to construct a tramway-
(a) does not: within the time specified in the order substantially commence the construction of the tramway, or
(b) having commenced the construction, suspends it without a reason sufficient in the opinion of the 24[Government] to warrant the suspension, or
(c) does not within the time specified in the order complete the tramway and open it for public traffic, the following consequences shall ensue:-
(i) the powers given by the order to the promoter for constructing the tram - way and otherwise in relation thereto shall, unless the24 [Government] by special direction in writing, prolongs the time or condones the suspension, cease to be exercised except as to so much of the tramway as is then completed;
(ii) as to so much of the tramway as is then completed, the24[Government] may either permit, or refuse to permit, the powers given by the order to continue:
(iii) if the24 [Government] refuses to permit the powers to continue, then so much of the tramway as is then completed may be dealt with, under the provisions of this Act relating to the discontinuance of tramways, as a tramway of the working whereof the discontinuance has been proved to the satisfaction of the24[Government].
(2) A notification published by the 24[Government] in the Official Gazette to the effect that on a date specified in the notification the construction of a tramway had not been substantially commenced or a tramway had not been completed and opened for public traffic or that the construction of a tramway had been suspended without sufficient reason, shall, for the purposes of this section, be conclusive proof of the matter stated therein.
CHAPTER 3 CONSTRUCTION AND MAINTENANCE OF TRAMWAYS
86540
103860
630
114
59824