{ "schema_version": "qanun-law-text/1", "id": "pk-code-8c779de1cc41fc73", "title": "Tramways Act, 1886", "source_collection": "Federal", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://pakistancode.gov.pk/alpha/UY2FqaJw1-apaUY2Fqa-b5g%3D-sg-jjjjjjjjjjjjj", "version": null, "source_snapshot": null, "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "8dc84515582d07c4f565ea43347dc62dfd4606c897a43d371add9c43dbdb26c4", "source_sha256": "8dc84515582d07c4f565ea43347dc62dfd4606c897a43d371add9c43dbdb26c4", "text_version_id": "law:pk-code-8c779de1cc41fc73:sha256:8dc84515582d07c4f565ea43347dc62dfd4606c897a43d371add9c43dbdb26c4", "quality_flags": [], "encoding": "UTF-8", "text": "Page 1 of 25 \r\n \r\n \r\n \r\n \r\n \r\nTHE TRAMWAYS ACT, 1886 \r\n \r\n \r\n \r\nCONTENTS \r\n \r\nPRELIMINERY \r\n \r\n1. Short title and commencement. \r\n2. Local extent. \r\n3. Definitions. \r\nORDERS AUTHORIZING THE \r\nCONSTRUCTION OF TRAMWAYS \r\n \r\n4. Application for and consent necessary to making of order. \r\n \r\n5. Consent of local or road-authority not necessary in certain cases. \r\n6. Procedure for making order. \r\n7. Contents of order. \r\n8. Further order. \r\n9. Power to authorize joint work by local authorities. \r\n10. Cessation of powers given by an order. \r\nCONSTRUCTION AND \r\nMAINTENANCE OF TRAMWAYS \r\n \r\n11. Mode of formation of tramway. \r\n \r\n12. Inspection of tramway before opening. \r\n13. Agreement between road authority and promoter as to repair of roadway. \r\nTRAFFIC ON TRAMWAYS \r\n \r\n\r\n \r\nPage 2 of 25 \r\n \r\n14. Rights of promoter and the public over tramways. \r\n \r\n15. Tolls leviable by promoter or lessee. \r\n16. Carriage of dangerous or offensive goods. \r\nLICENSES TO USE TRAMWAYS \r\n \r\n17. Grant to third parties of licenses to use tramway in certain events. \r\n18. Licensee to give to promoter or lessee an account of traffic. \r\nDISCONTINUANCE OF TRAMWAYS \r\n \r\n19. Cessation of powers of promoter and lessee on discontinuance of tramway. \r\n20. Powers of road-authority on cessation of powers of promoter. \r\nINSOLVENCY OF PROMOTER \r\n \r\n21. Proceedings in case of insolvency of promoter. \r\n \r\nPURCHASE OF TRAMWAYS \r\n \r\n22. Future purchase of undertaking by local authority. \r\nWORKING OF TRAMWAYS OWNED \r\nBY LOCAL AUTHORITIES \r\n \r\n23. Lease of, or working of, tramway by local authority. \r\n \r\nRULES \r\n \r\n24. Power to make rules. \r\n25. Power to impose penalty by rule. \r\n26. Procedure for making, and publication of, rules. \r\nOFFENCES \r\n \r\n27. Penalty for failure of promoter, lessee or licensee to comply with act or order. \r\n \r\n28. Penalty for obstructing promoter in exercise of his powers. \r\n29. Penalty for interfering with tramway. \r\n \r\n30. Penalty for using tramway with carriage having flange wheels. \r\n \r\n31. Penalty for evading payment of proper toll. \r\n \r\n32. Penalty for taking or sending dangerous or offensive goods without giving notice. \r\n \r\nPage 3 of 25 \r\n \r\n \r\n33. Penalty for licensee not giving to promoter or lessee an account of traffic or giving \r\n false account. \r\n34. Saving of prosecutions under other laws. \r\nSETTLEMENT OF DIFFERENCES \r\n \r\n35. Differences between promoters or lessees and authorities. \r\n \r\nRECOVERY OF TOLLS \r\n \r\n36. Recovery of moneys due from promoters and in certain cases, from lessees. \r\n37. Recovery of tolls from licensee. \r\n38. Recovery of tolls from passengers. \r\nSAVINGS \r\n \r\n39. Promoter to have right of user only. \r\n \r\n40. Saving of power over roads traversed by tramways. \r\n41. Saving of power of local authority and police to regulate traffic or roads. \r\nSUPPLEMENTAL PROVISIONS \r\n \r\n42. Promoters, lessees and licencees to be responsible for all injuries. \r\n \r\n43. Want of funds not a sufficient reason for default. \r\n44. Power to exempt from municipal taxation. \r\n45. Application by local authorities of local funds to tramways. \r\n46. Extension of Act to existing tramways. \r\n47. Prohibition of construction of tramways except under this Act. \r\n48. Transfer of control on exclusion of local area from circle of local authority. \r\n49. [Repealed.]. \r\n50. Powers of Government exercisable from time to time. \r\n \r\n \r\nPage 4 of 25 \r\n \r\nTHE TRAMWAYS ACT, 1886 \r\n \r\nl\r\nACT No. XI OF 1886 \r\n \r\n[12th March, 1886] \r\n \r\nAn Act to facilitate the construction and to regulate the working of Tramways \r\n \r\n WHEREAS it is expedient to facilitate the construction and to regulate the working of \r\ntramways; It is hereby enacted as follows:— \r\n \r\nPRELIMINARY \r\n \r\n 1. Short title and commencement.—(1) This Act may be called the 2* Tramways Act, \r\n1886; and \r\n \r\n (2) It shall come into force at once. \r\n \r\n 2. Local extent.—3[(1) It extends in the first instance to 4[the Punjab] and the 5[North- \r\nWest Frontier Province].] 6[(2) This Act may by notification in the official Gazette be extended to the whole or any \r\npart of the said territories by the Provincial Government concerned.] \r\n \r\n 3. Definitions. In this Act, unless there is something repugnant in the subject or context,— \r\n(1) “local authority” means a municipal committee, district board, body of port commissioners or \r\nother authority legally entitled to, or entrusted by 7[the 8[Federal Government] or any Provincial \r\nGovernment] with, the control or management of a municipal or local fund: \r\n \r\n 9[* * * * * * *] \r\n \r\n (2) “road” means the way of a road, street, thorough fare, passage or place along or across \r\nwhich a tramway authorized under this Act is, or is intended to be, laid, and includes the surface-\r\nsoil and sub-soil of a road, and the footway, berms, drains and ditches of a road, and any bridge, \r\nculvert or causeway forming part of a road: \r\n \r\n (3) “road-authority”, in relation to a road, means— \r\n \r\n(a) if a local authority maintains and repairs the road, then that authority; \r\n \r\n \r\n1For Settlement of Objects and Reasons, see Gazette of India, 1885, Pt. V, p. 308 ; for Report of the Select Committee, see ibid., 1886, Pt. IV, p. 131; \r\nand for Proceedings in Council, see ibid., 1885, Supplement, p. 1544 ; and ibid., 1886, Supplement, pp. 7 and 418. \r\nThis Act has been extended to the town of Karachi and its suburbs, see Bombay Gazette, 1887, Pt. I. p. 899. \r\nFor separate Acts on the subject of tramways in Karachi, see the Karachi Tramways Act, 1883 (Bom 2 of 1883). \r\n2The word “Indian” omitted by A.O.,1949, Sch. \r\n3Subs. ibid., for the original sub-section(I). \r\n4Subs. by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 8, for “West Punjab”. \r\n5Subs. by F.A.O, 1975, Art. 2 and Sch., for “North West Frontier” which was amended by the Central Laws (Statute Reform) Ordinance, 1960 (21 of \r\n1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), to read as above. \r\n6Subs. by A.O.,1937, for the original sub-section (2). \r\n7Subs. ibid., for “the Govt.”. \r\n8Subs. by F. A.O., 1975, Art. 2 and Table, for “Central Government”. \r\n9Clause (1a) which was ins, by A.O.,1961, Art. 2 and Sch. (with effect from the 23rd March, 1956), has been omitted by A.O.,1964, Art. 2 and Sch. \r\n \r\n \r\nPage 5 of 25 \r\n \r\n(b) if a local authority does not maintain and repair the road, and the road is \r\nneither vested in l[Government] nor maintained and repaired by 2[the \r\n3[Federal Government] or any Provincial Government], then the person in \r\nwhom the road is vested; and \r\n \r\n(c) if a local authority does not maintain and repair the road, and the road is \r\nvested in l[Government] or maintained and repaired by 2[the 3[Federal \r\nGovernment] or any Provincial Government], then 4[the Government for \r\nwhose purposes a road is so vested or by which the road is maintained and \r\nrepaired, as the case may be]: \r\n \r\n (4) “circle”, in relation to a local authority or road authority, means the area within the \r\ncontrol of that authority: \r\n \r\n 5[(5) “tramway” means a tramway having one, two or more rails, and includes– \r\n \r\n(a) any part of a tramway, or any siding, turnout, connection, line or track \r\nbelonging to a tramway; \r\n \r\n(b) any electrical equipment of a tramway; and \r\n \r\n(c) any electric supply-line transmitting power from a generating station or sub-\r\nstation to a tramway or from a generating station to a sub-station from which \r\npower is transmitted to a tramway.] \r\n \r\n \r\n (6) “order” means an order authorizing the construction of a tramway under this Act, and \r\nincludes a further order substituted for, or amending, extending or varying, that order: \r\n \r\n (7) “promoter” means a local authority or person in whose favour an order has been made, \r\nand includes a local authority or person on whom the rights and liabilities conferred and imposed \r\non the promoter by this Act and by the order and any rules made under this Act as to the \r\nconstruction, maintenance and use of the tramway, have devolved: \r\n \r\n (8) “undertaking” i ncludes all moveable and immoveable pro perty of the promoter \r\nsuitable to and used by him for the purposes of the tramway: \r\n \r\n (9) “carriage”, in the case of a tr amway on whi ch s team-power or any other mecha nical \r\npower 6[or electrical power] is used, includes an engine worked on the tramway for the purpose of \r\nproducing 6[or utilizing] that power: \r\n \r\n \r\n \r\n \r\n1Subs. by A.O.,1961, Art. 2, for “Her Majesty” (with effect from the 23rd March, 1956). \r\n2Subs. by A.O., 1937, for “the Govt.”. \r\n3Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”. \r\n4Subs. by A.O., 1937, for “the L. G.”. \r\n5Subs. by the Indian Tramways (Amdt.) Act, 1911 (5 of 1911), s. 2, for the original clause. \r\n36Ins. by the Indian Tramways (Amdt.) Act, 1911 (5 of 1911), s. 3. \r\n \r\nPage 6 of 25 \r\n \r\n (10) “toll” includes any charge leviable in respect of the use of a tramway: \r\n \r\n (11) “lessee” means a person to whom a lease has been granted of the right of user of a \r\ntramway and of demanding and taking the authorized tolls: \r\n \r\n (12) “District Magistrate” includes an officer empowered by the \r\n1\r\n[Government] by name or \r\nby virtue of his office to discharge within any local area all or any of the functions of a District \r\nMagistrate under this Act:\r\n \r\n \r\n (13) “District Court” means a principal Civil Court of original jurisdiction, and includes a \r\nHigh Court having ordinary original civil jurisdiction: \r\n \r\n (14) “Col1ector” means the chief officer in charge of the revenue-administration of a district, \r\nand includes an officer empowered by the 1[Government] by name or by virtue of his office to \r\ndischarge within any local area the functions of a Collector under this Act: 2* \r\n \r\n (15) “prescribed” means prescribed by rules made by the 1[Government] under this Act: 3[and \r\n4[(16) “Government” means the Provincial Government].] \r\n \r\nORDERS AUTHORIZING THE \r\nCONSTRUCTION OF TRAMWAYS \r\n \r\n 4. Application for and consent necessary to making of order.—(1) The \r\n1\r\n[Government] \r\nmay make an order authorizing the construction of a tramway in a circle on application made:— \r\n \r\n(a) by the local authority of the circle with the consent of the road-authority of \r\nany road or part of a road which is to be traversed by the tramway and of \r\nwhich the local authority is not itself the road-authority; or \r\n \r\n(b) by any person with the consent of the local authority of the circle, and of \r\nthe road-authority of any road or part of a road which is to be traversed \r\nby the tramway and of which the local authority is not the road authority: \r\n \r\n 5[* * * * * * *] \r\n \r\n (2) A local authority shall not make an application for an order or be deemed to consent \r\nto an application being made by any person for an order, unless the making of the application or the \r\ngiving of the consent has been approved by the local authority in manner prescribed. \r\n \r\n \r\n1Subs. by A. O., 1937, for “L. G.”. \r\n2The word “and” rep., ibid. \r\n31ns. ibid. \r\n4Clause (16) which was ins. by A.O., 1937, and subsequently amended by. A.O., 1949, Sch. and A.O., 1961, Art. 2 and Sch. (with effect from the 23 rd \r\nMarch, 1956) has been subs. by A. O., 1964, Art.2 and Sch. \r\n5The proviso to sub-section 4(1) rep. by A.O., 1937 \r\n \r\n \r\n \r\nPage 7 of 25 \r\n \r\n 5. Consent of local or road-authority not necessary in certain cases. When it is proposed to \r\nlay a tramway in two or more circles, and a local authority or road-authority having control in either \r\nor any of the circles does not consent thereto, or attaches conditions to its consent, the 1[Government] \r\nmay, nevertheless, make an order authorizing the construction of the tramway in the circle, or by the \r\norder impose on the promoter any conditions which it deems fit, if, after considering the reasons of \r\nthe authority for withholding its consent or attaching the conditions thereto, it is satisfied that the \r\nconstruction of the tramway in the circle is expedient, or, as the case may be, that the conditions \r\nattached by the authority to its consent ought not to be imposed. \r\n \r\n 6. Procedure for making order.—(1) The \r\n1\r\n[Government] on receiving an application shall \r\nconsider it, and, if satisfied as to the propriety of proceeding thereon, publish in the official \r\nGazette, and in such other manner as it deems sufficient for giving information to persons \r\ninterested, a draft of a proposed order authorizing the construction of the tramway. \r\n \r\n (2) A notice shall be published with the draft stating that any objection or suggestion which \r\nany person may desire to make with respect to the proposed order will, if submitted to the \r\n1[Government] on or before a date to be specified in the notice, be received and considered. \r\n \r\n (3) If, after considering any objections or suggestions which may have been made with \r\nrespect to the draft on or before the date so specified, the 1[Government] is of opinion that the \r\napplication should be granted, with or without addition or modification, or subject or not to any \r\nrestriction or condition, it may make an order accordingly. \r\n \r\n (4) Every order authorizing the construction of a tramway shall be published in the official \r\nGazette in English, and in the other prescribed language or languages, if any; and that publication \r\nshall be conclusive proof that the order has been made as required by this section. \r\n \r\n 7. Contents of order.—(1) An order made under section 6 shall empower the promoter \r\ntherein specified to construct an maintain the tramway therein described in the manner therein \r\nprovided, and shall specify the time within which the tramway shall be commenced and the time \r\nwithin which it shall be completed and opened for public traffic. \r\n \r\n (2) The order may also provide in manner consistent with this Act, for all or any of the \r\nfollowing, among other matters, that is to say:— \r\n \r\n(a) a period before the expiration of which the tramway shall not be commenced, \r\nand the conditions subject to which the local authority, when it is not itself the \r\npromoter, may, within that period elect to be substituted in the place of the \r\npromoter in respect of the undertaking or of so much thereof as is within its \r\ncircle; and the limits of time within which, and the terms upon which, the \r\nlocal authority may, after the tramway has been constructed, require the \r\npromoter to sell to it the undertaking or so much thereof as is within its circle; \r\n \r\n \r\n \r\n1Subs. ibid., for “L. G.”. \r\n \r\n \r\nPage 8 of 25 \r\n \r\n(b) the acquisition by the promoter of land for the purposes of the tramway, and \r\nthe disposal by him of land which has been acquired but is no longer required \r\nfor those purposes; \r\n \r\n(c) the conditions subject to which roads may be opened and broken up for the \r\npurposes of the construction or maintenance of the tramway or any part \r\nthereof, and the method of, and materials to be used in, the reinstating of the \r\nroads, and the approval of the method and materials by the l[Government] or \r\nthe road-authority before the commencement of the work; \r\n \r\n(d) the conditions on which the tramway may be constructed over a bridge or \r\nacross a railway or tramway when the carriageway over the bridge is to form \r\npart of the tramway or when the tramway is to cross a railway or another \r\ntramway on the level; \r\n \r\n2\r\n[(e) the space which shall ordinarily intervene between the outside of the \r\ncarriageway on either side of a road whereon the tramway is to be constructed, \r\nand— \r\n \r\n(i) in the case of a tramway having one rail, the rail of the tramway, or \r\n \r\n(ii) in the case of a tramway having two or more rails, the nearest rail \r\nof the tramway, \r\n and the conditions on which a smaller space may be permitted;] \r\n \r\n(f) the gauge of the tramway, the rails to be used, and the mode in which, and the \r\nlevel at which, they shall be laid and maintained; and the adoption and \r\napplication by the promoter of such improvements in the rails, and in, their \r\nsituation, and in the sub -structure upon which they rest, as the l[Government] \r\nmay from time to time require; \r\n \r\n(g) the portion of the road or roads traversed by the tramway to be kept in repair \r\nby the promoter; the maintenance by the promoter to the satisfaction of the \r\n1[Government] or the road -authority, or both, of that portion of the road or \r\nroads; and the liability of the promoter, on the requisition of the \r\n1[Government], from time to time to adopt and apply such improvements in \r\nthe tramway as the 1[Government] may consider necessary or desirable for the \r\nsafety or convenience of the public, and to alter the position or level of the \r\ntramway to suit future alterations in the road or roads; \r\n \r\n \r\n \r\n \r\n1Subs. by A.O., 1937, for “L. G.”. \r\n2Subs. by the Indian Tramways (Amdt) Act, 1911 (5 of 1911), s. 4, for the original clause. \r\n \r\n \r\n \r\nPage 9 of 25 \r\n \r\n(h) the application of material excavated by the promoter in the construction \r\nor maintenance of the tramway; \r\n \r\n(i) the provision of such crossings, passing-places, sidings, junctions and other \r\nworks, in addition to those specified in or authorized by the order, as may \r\nfrom time to time be necessary or convenient to the efficient working of the \r\ntramway; \r\n \r\n(j) the powers which may from time to time be exercised by the \r\n1\r\n[Government], \r\nthe local authority, the road-authority or any person in respect of sewers, \r\ndrains, telegraph-lines, gas-pipes, water-pipes or other things in or on land \r\noccupied by the tramway; the notice (if any) to be given of the intended \r\nexercise of those powers; the manner in which the powers shall be exercised; \r\nand the extent to which the tramway and the traffic thereon may be interfered \r\nwith in the exercise thereof; \r\n \r\n(k) the conditions subject to which the promoter may from time to time interfere \r\nwith, or alter or require the alteration of the position of, drains (not being \r\nsewers or main drains), telegraph-lines, gas-pipes, water-pipes or other things \r\nas aforesaid; \r\n \r\n(l) the provision of a temporary tramway in place of a part of a tramway which \r\nhas been removed, or of which the use has been discontinued by reason of \r\nthe execution of any work affecting a road along which the part of the \r\ntramway was laid, or by reason of the use of the road being interrupted by \r\nfloods or other cause; \r\n \r\n(m) the motive power to be used on the tramway, and the conditions on which \r\nsteam-power or any other mechanical power 2[or electrical power] may be \r\nused; \r\n \r\n(n) the nature, dimensions, fittings, appliances and apparatus of the carriages to be \r\nused on the tramway, and the inspection and examination thereof by officers \r\nof the 1[Government] or the local authority, and the liability of the promoter or \r\nlessee, on the requisition of the 1[Government], from time to time, to adopt \r\nand apply such improvements in the carriages, and in the fittings, appliances \r\nand apparatus, as the 1[Government] may consider necessary or desirable for \r\nthe safety or convenience of the public; \r\n \r\n(o) the traffic wh ich may be carried on the tramway, the traffic wh ich the \r\npromoter or lessee shall be bound to carry, and the traffic which he may refuse \r\nto carry; the tolls to be leviable by the promoter or lessee, and the periodical \r\nrevision thereof by the 1[Government]; and the regulation of the traffic and of \r\nthe levy of the tolls; \r\n \r\n \r\n \r\n1Subs. by. A. O., 1937, for “L. G.”. \r\n2Ins. by the Indian Tramways (Amdt.) Act, 1911 (5 of 1911), s. 5. \r\n \r\nPage 10 of 25 \r\n \r\n(p) the use of the tramway free of toll by the local authority, with its own \r\ncarriages, for specified purposes, during specified hours, with power to the \r\nlocal authority to make such sidings and other works as may be necessary for \r\ncommunication between its premises and the tramway; \r\n \r\n(q) the conditions subject to which the promoter may transfer the undertaking, \r\nor any part thereof, by sale, mortgage, lease, exchange or otherwise; and the \r\nconditions subject to which the local authority may be the transferee; \r\n(r) the performance by the \r\n1\r\n[Government] or by the local authority or road- \r\nauthority of any work required by the Act or the order to be done by the \r\npromoter; and \r\n \r\n(s) the penalty to be incurred by the promoter or lessee for failure to observe any \r\ncondition or direction contained in the order, and the application of the \r\npenalty when recovered. \r\n \r\n (3) The 1[Government] may, in providing in the order for the acquisition of land for the \r\npurposes of a tramway of which the promoter is not a company, direct that land may be acquired for \r\nthe promoter under the provisions of the Land Acquisition Act, 2[1894(I of 1894)], in the same \r\nmanner and on the same conditions as it might be acquired for the purposes of the tramway if a \r\ncompany were the promoter. \r\n \r\n (4) The order shall imply the condition– \r\n \r\n(a) in the case of a tramway of which a local authority is the promoter, that a \r\nlease thereof shall be granted only in manner by this Act provided; and \r\n \r\n(b) in the case of a tramway of which a local authority is not the promoter, that a \r\nlease thereof shall be only of the right of user and of demanding and taking \r\nthe authorized tolls, and shall not confer or impose on the lessee any of the \r\npowers or duties of the promoter in respect of the construction or maintenance \r\nof the tramway. \r\n \r\n 8. Further order.—(1) The \r\nl\r\n[Government] may, on the application of the promoter, \r\nrevoke, amend, extend or vary the order by a further order. \r\n \r\n (2) An application for a further order shall be made in the same manner and subject to the \r\nsame conditions as an application for an order. \r\n \r\n (3) The \r\nl\r\n[Government] may, in its discretion, either grant or reject the application. \r\n \r\n \r\n \r\n \r\n \r\n1Subs. by A.O., 1937, for “L.G.”. \r\n2Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and 2nd Sch., for “1870”. \r\n \r\n \r\nPage 11 of 25 \r\n \r\n \r\n (4) If it grants the application, it shall make the further order in the same manner as an \r\norder, except that no addition to, or modification of, the rights, powers and authorities asked for in \r\nthe application, or restriction or condition with respect thereto, shall be made or imposed by the \r\nfurther order without the consent in writing of the promoter. \r\n \r\n 9. Power to authorize joint work by local authorities.—(1) Subject to, and in accordance \r\nwith, the provisions of this Act, the l[Government] may, on a joint application, or on two or more \r\nseparate applications, make an order empowering two or more local authorities, respectively, jointly \r\nto construct the whole, or separately to construct parts, of a tramway, and jointly or separately to own \r\nthe whole or parts thereof. \r\n \r\n (2) All the provisions of this Act which relate to the construction of tramways shall extend \r\nand apply to the construction of the whole and the separate parts of the tramway, and the form of \r\nthe order may be adapted to the circumstances of the case. \r\n \r\n 10. Cessation of powers given by an order.—(1) If a promoter authorized by an order to \r\nconstruct a tramway— \r\n \r\n(a) does not within the time specified in the order substantially commence \r\nthe construction of the tramway, or \r\n \r\n(b) having commenced the construction suspends it without a reason sufficient in \r\nthe opinion of the l[Government] to warrant the suspension, or \r\n \r\n(c) does not within the time specified in the order complete the tramway and open \r\nit for public traffic, the following consequences shall ensue:— \r\n \r\n(i) the powers given by the order to the promoter for constructing the \r\ntramway and oth erwise in r elation thereto s hall, un less t he \r\n1[Government], by special dir ection in writing, prolongs the time or \r\ncondones the suspension, cease to be exercised except as to so much of \r\nthe tramway as is then completed; \r\n \r\n(ii) as to so much of the tramway as is then completed, the l[Government] \r\nmay either permit, or re fuse to p ermit, the pow ers given by the ord er \r\nto continue; \r\n \r\n(iii) if the l[Government] refuses to permit the powers to continue, then so \r\nmuch of the tramway as is then completed may be dealt with, under the \r\nprovisions of this Act relating to the discontinuance of tramways, as a \r\ntramway of the working whereof the discontinuance has been proved \r\nto the satisfaction of the 1[Government]. \r\n \r\n (2) A notification published by the 1[Government] in the official Gazette to the effect that on \r\na date specified in the notification the construction of a tramway had not been substantially \r\ncommenced or a tramway had not been completed and opened for public traffic, or th at the \r\nconstruction of a tramway had been suspended without sufficient reason, shall, for the purposes of \r\nthis section be conclusive proof of the matter stated therein. \r\n \r\n \r\n \r\n1\r\nSubs. by A. O., 1937, for “L.G.”. \r\n \r\nPage 12 of 25 \r\n \r\nCONSTRUCTION AND MAINTENANCE OF TRAMWAYS \r\n \r\n 11. Mode of formation of tramway. A tramway shall be constructed and maintained in the \r\nmanner provided by the order. \r\n \r\n 12. Inspection of tramway before opening. A tramway, or portion or extension of, or \r\naddition to, a tramway, shall not be opened for public traffic 1[until it has been inspected and \r\ncertified to be fit for such traffic by an engineer appointed 2[by the Government]]. \r\n \r\n 13. Agreement between road authority and promoter as to repair of roadway. Subject \r\nto the provisions of any order for the time being in force with respect to the matters mentioned in \r\nsection 7, sub-section (2), clause (g) the road-authority and the promoter may from time to time \r\nenter into agreements as to the keeping in repair of the whole or a part of a road traversed by a \r\ntramway, and as to the proportion to be paid by either of them of the expense of keeping the road or \r\npart in repair. \r\n \r\nTRAFFIC ON TRAMWAYS \r\n \r\n 14. Rights of promoter and the public over tramways.—(1) The promoter of a tramway \r\nshall, subject to the provisions of sub-section (2) and to the other provisions of this Act and of the \r\norder, have the exclusive use of the tramway for carriages with flange-wheels or other wh eels \r\nsuitable to run on the rail described in the order as the rail to be used on the tramway: \r\n \r\n Provided that nothing in this Act or in the order or any rule made under this Act shall affect \r\nthe right of any person authorized to use a tramway or railway to pass across a tramway constructed \r\nunder this Act with carriages having wheels suitable to run on the rail thereof. \r\n \r\n (2) The public shall have a right to pass along or across any part of a road along or across, \r\nwhich a tramway is constructed, whether on or off the tramway, with carriages not having flange-\r\nwheels or other wheels suitable to run on the rail of the tramway: \r\n \r\n Provided— \r\n \r\n(a) that this sub-section shall not apply where the tramway is constructed on land \r\nthe right to the exclusive possession of which has been acquired by the \r\npromoter; and \r\n(b) that the \r\nl\r\n[Government] may by an order authorize the construction of a \r\ntramway on any part of a road with rails raised above the surface of the road, \r\nif it is satisfied that t he convenience of the publ ic will n ot be in juriously \r\naffected thereby. \r\n \r\n 15. Tolls leviable by promoter or lessee .—(1) The promoter or lessee may demand and \r\ntake, in respect of the tramway, tolls not exceeding the limits specified in or determinable under the \r\norder, or, if the order contains no provision in this behalf, then such sums as may from time to time \r\nbe fixed by the promoter or lessee with the previous sanction of the l[Government]. \r\n \r\n \r\n1Subs. ibid., for “until an engineer appointed in this behalf by the L.G. has inspected it and certified it to be fit for such traffic”. \r\n2Subs. by A. O., 1964, Art. 2 and Sch., for the dash and clauses (a) and (b) as amended by A.O., 1949, Sch. \r\n \r\nPage 13 of 25 \r\n \r\n (2) A list of all the tolls authorized to be levied shall be exhibited, in such languages as the \r\nDistrict Magistrate may direct, in a conspicuous place inside and outside each of the carriages used \r\nupon the tramway. \r\n \r\n 16. Carriage of dangerous or offensive goods.—(1) A person shall not be entitled to \r\ncarry or to require to be carried, on a tramway constructed under this Act, any goods of a dangerous \r\nor offensive nature. \r\n \r\n (2) A person taking such goods with him on the tramway shall, before entering the carriage, \r\ngive notice of their nature to the servant of the promoter or lessee in charge of the carriage. \r\n \r\n (3) A person sending such goods by the tramway shall distinctly mark their nature on the \r\noutside of the package containing them, or otherwise give notice thereof in writing to the servant of \r\nthe promoter or lessee with whom he leaves them for the purpose of their being sent by the \r\ntramway. \r\n \r\n (4) Any servant of the promoter or lessee may refuse to carry upon the tramway a parcel \r\nwhich he suspects to contain goods of a dangerous or offensive nature, and, if any such parcel bas \r\nbeen received for the purpose of being carried upon the tramway, may stop the transit thereof until \r\nhe is satisfied as to the nature of its contents. \r\n \r\n (5) Where a servant of the promoter or lessee refuses under sub-section (4) to carry a parcel \r\nwhich has been received for the purpose of being carried upon the tramway, he shall, as soon as \r\nmay be, give notice of his refusal to the consignor or consignee if he refuses at a time when neither \r\nof them is present. \r\n \r\nLICENSES TO USE TRAMWAYS \r\n \r\n 17. Grant to third parties of licenses to use tramway in certain events. If, at any time \r\nafter a tramway or part of a tramway has been for three years opened for public traffic in a circle, \r\nthe local authority of the circle represents in writing to the l[Government] that the public is deprived \r\nof the full benefit of the tramway or of the part thereof, the l[Government] may, if after considering \r\nany statement which the promoter or lessee or both may desire to make, and after such further \r\nenquiry as it deems necessary, it is satisfied as to the truth of the representation, grant a license to \r\nany person to use the tramway conformably to this Act and to the order and the rules made under \r\nthis Act, subject to the following provisions, namely:— \r\n \r\n(a) the license shall be for a period not less than one year or more than three \r\nyears from the date of the license, but the l[Government] may in its discretion \r\nrenew it; \r\n \r\n(b) the license shall be to use the whole of the tramway for the time being opened \r\nfor public traffic, or such part or parts of the tramway as the l[Government,] \r\nhaving regard to the cause for granting the license, thinks fit; \r\n \r\n(c) the license shall specify the number of carriages which the licensee shall run \r\nupon the tramway, the mode in which, and times at which, the carriages \r\nshall be run, the tolls to be paid to the promoter or lessee by the licensee for \r\nthe use of the tramway, and the tolls, being those for the time being leviable \r\nby the promoter or lessee, which the licensee may demand and take for the use \r\nof his carriages; \r\n \r\nl\r\nSubs. by A. O., 1937, for “L.G.”. \r\n \r\n \r\nPage 14 of 25 \r\n \r\n(d) the licensee and his officers and servants shall permit one person, duly \r\nauthorized for that purpose by the promoter or lessee, to travel free of toll in \r\nor upon each carriage of the licensee run upon the tramway for the whole or \r\nany part of a journey; \r\n \r\n(e) any provision of this Act, or of the order or rules made under this act, relating \r\nto the functions of a servant of a promoter or lessee shall be construed, so far \r\nas may be, as referring to a servant of the licensee; and \r\n \r\n(f) the l[Government] may revoke, alter or modify the license for any cause \r\nsufficient in its opinion to warrant the revocation, alteration or modification \r\nthereof. \r\n \r\n 18. Licensee to give to promoter or lessee an account of traffic. A licensee shall, on \r\ndemand, give to an officer or servant authorized in that behalf by the promoter or lessee an exact \r\naccount in writing, signed by the licensee, of the number of passengers, or number or quantity of \r\ngoods, conveyed by any and every carriage used by him on the tramway. \r\n \r\nDISCONTINUANCE OF TRAMWAYS \r\n \r\n 19. Cessation of powers of promoter and lessee on discontinuance of tramway. If it is \r\nproved to the satisfaction of the l[Government], at any time after the opening of a tramway for \r\npublic traffic, that the working of the tramway, or any part thereof, has been a practically \r\ndiscontinued, for the space of three months, without a reason sufficient, in the opinion of the \r\nl [Government], to warrant the discontinuance, the l[Government], if it thinks fit, may, by \r\nnotification in the official Gazette, declare that the powers of the promoter and of the lessee, if any, \r\nin respect of the tramway or the part thereof of which the working has been so discontinued, shall, \r\nfrom the date of the notification, be at an end; and thereupon the said powers shall cease and \r\ndetermine, except in so far as they may be purchased by a local authority in manner by this Act \r\nprovided. \r\n \r\n 20. Powers of road-authority on cessation of powers of promoter.—(1) Where a \r\nnotification has been published under section 19, the road-authority may, at any time after the \r\nexpiration of two months from the date of the notification, remove the tramway or part of the \r\ntramway of which the working has been so discontinued, and used the materials thereof in \r\nreinstating the road. \r\n \r\n (2) The promoter shall pay to the road-authority the cost incurred by that authority in \r\nremoving the tramway or the part thereof and in reinstating the road. \r\n \r\n (3) The cost shall be certified by an officer of the road-authority, and his certificate, \r\ncountersigned by the District Magistrate, shall be conclusive proof as to the cost incurred. \r\n \r\n (4) If the promoter does not pay the amount so certified within one month after the delivery \r\nto him of the certificate or of a copy thereof, the road-authority may, without any previous notice to \r\nthe promoter and without prejudice to any other remedy which it may have for the recovery of the \r\namount, sell and dispose of such materials of the tramway or part thereof removed as it has not used \r\nin reinstating the road, either by public auction or by private sale, and for such sum or sums, and to \r\nsuch person or persons, as it thinks fit, and may, out of the proceeds of the sale, pay and reimburse \r\nitself the amount of the cost aforesaid and of the expenses of the sale, and shall pay over the residue \r\n(if any) of the proceeds of the sale to the promoter. \r\n \r\nlSubs. by A. O., 1937, for “L.G.”. \r\n \r\n \r\nPage 15 of 25 \r\n \r\nINSOLVENCY OF PROMOTER \r\n \r\n 21. Proceedings in case of insolvency of promoter.—(1) If, at any time after the opening of \r\na tramway in a circle for public traffic, it appears to the road-authority or local authority of the circle \r\nthat the promoter of the tramway is insolvent, so that he is unable to maintain the tramway, or to \r\nwork it with advantage to the public, and either of those authorities makes a representation to that \r\neffect to the l[Government], the l[Government] may, if after considering any statement which the \r\npromoter may desire to make, and after such further enquiry as it deems necessary, it is satisfied as to \r\nthe truth of the representation, declare, by notification in the official Gazette, that the powers of the \r\npromoter shall, at the expiration of six months from the publication of the notification, be at an end; \r\nand the powers of the promoter shall cease and determine at the expiration of that period, except in \r\nso far as they may be purchased by a local authority in manner by this Act provided. \r\n \r\n (2) Where a notification has been published under sub-section (1), the road-authority \r\nmay, at any time after the expiration of six months from the date thereof, remove the tramway in the \r\nsame manner, and subject to the same provisions as to the payment of the cost of the removal and to \r\nthe same remedy for recovery of the cost, in every respect as in cases of removal under section 20. \r\n \r\nPURCHASE OF TRAMWAYS \r\n \r\n 22. Future purchase of undertaking by local authority.—(1) Where the promoter of a \r\ntramway in a circle is not the local authority, the local authority, with the previous sanction of the \r\nl[Government], may— \r\n \r\n(a) within such limits of time as may be specified in this behalf in the order, or \r\n \r\n(b) if a time was not specified in the order, then within six months after the \r\nexpiration of a period of twenty one years from the date of the order, and \r\nwithin six months after the expiration of every subsequent period of seven \r\nyears, or \r\n \r\n(c) within two months after the publication of a notification under section 19 \r\nor within six months after the publication of a notification under section 21, by \r\nnotice in writing, require the promoter to sell to the local authority his \r\nundertaking or the part thereof which is within the circle of the local authority; \r\nand thereupon the promoter shall sell the same upon the terms specified in the \r\norder, or, if the terms were not specified in the order, then upon the terms of \r\npaying the then value of the undertaking or of the part thereof, exclusive of \r\nany allowance for p ast or future pro fits of the undertaking or any \r\ncompensation for compulsory sale or other consideration whatsoever. \r\n \r\n (2) A requisition shall not be made under sub-section (1) unless the making thereof has been \r\napproved by the local authority in manner prescribed. \r\n \r\n (3) When a sale h as been made under this s ection, all the rights, pow ers and authorities of \r\nthe promot er in r espect of the und ertaking or p art th ereof sold, or, wh ere a noti fication h as be en \r\npublished und er s ection 19 or s ection 21, all the rights, pow ers and authoriti es of the promot er \r\nprevious to the publication of the notific ation in r espect of the und ertaking or p art th ereof sold, \r\nshall be transferred to the authority to whom the undertaking or p art has been sold, and shall vest \r\nin, and m ay be exercised by, th at authority in the s ame m anner as if the tr amway h ad be en \r\nconstructed by it under an order made under this Act. \r\n \r\n1Subs. by A. O., 1937, for “L.G.”. \r\n \r\n \r\n \r\nPage 16 of 25 \r\n \r\n (4) Subject to, and in accordance with, the preceding provisions of this section, two or more \r\nlocal authorities may jointly purchase an undertaking or so much thereof as is within their circles. \r\n \r\nWORKING OF TRAMWAYS \r\nOWNED BY LOCAL AUTHORITIES \r\n \r\n 23. Lease of, or working of, tramway by local authority.—(1) When a local authority has \r\nunder the authority of an order completed a tramway, or has under the provisions of this Act or of an \r\norder acquired possession of a tramway, it may, by a lease to be approved by the l[Government] let to \r\nany person at the right of user of the tramway and of demanding and taking the authorized tolls. \r\n \r\n (2) On the determination of a lease the local authority may from time to time let the right for \r\nsuch further term and on such conditions as the l[Government] may approve. \r\n \r\n (3) Every lease made under this section shall imply a condition of re-entry if at any time after \r\nthe making thereof it is proved to the satisfaction of the l[Government] that the lessee has practically \r\ndiscontinued the working of the tramway leased, or of any part thereof, for the space of one month \r\nwithout a reason sufficient, in the opinion of the l[Government], to warrant the discontinuance. \r\n \r\n (4) Notice of the intention of the local authority to make a lease shall be given in manner \r\nprescribed. \r\n \r\n (5) If the local authority cannot by means of a lease obtain what it deems to be a fair rent for \r\nthe tramway, it may itself, with the previous sanction of the l[Government] and for such term as the \r\n1[Government] directs, place and run carriages upon the tramway, and demand and take the \r\nauthorized tolls in respect of the use of the carriages. \r\n \r\nRULES \r\n \r\n 24. Power to make rules .—(1) In addition to any other power to make rules expressly or by \r\nimplication conferred by this Act, the l[Government] may make rules consistent with this Act— \r\n \r\n(a) as to the form in which an application for an order shall be made; \r\n \r\n(b) as to the costs to be paid by an applicant in respect of an order, and the time \r\nwhen, and the place where, those costs shall be paid; \r\n \r\n(c) as to the payment of money or lodgment of securities, by way of deposit, by \r\nthe applicant for an order before the order is published under section 6, sub-\r\nsection (4), or a further order is made under section 8 the investment of \r\nmoney so paid; the disposal of interest or dividends from time to time \r\naccruing due on money or s ecurities so paid, lodged or invested; the \r\napplication of the money or securities or the produce thereof to the discharge \r\nof any li ability incurred by the promoter; and the forfeiture, repayment or \r\nreturn of the money or securities; \r\n \r\n \r\nlSubs. by A. O., 1937, for “L.G.”. \r\n \r\n \r\nPage 17 of 25 \r\n \r\n(d) as to the plans and sections of any works to be deposited by applicants for \r\norders or by promoters; \r\n \r\n(e) for regulating the use of steam-power or any other mechanical power 2[or \r\nelectrical power] on a tramway; \r\n \r\n(f) as to any matter specified in section 7, sub-section (2), clauses (c), (d), (e), (j) \r\nand (k), as a matter which may be provided for in an order, when that matter \r\nhas not been so provided for, or has not, in the opinion of the 1[Government], \r\nbeen effectually so provided for; \r\n \r\n(g) as to the periodical submission, by promoters, lessees and licensees, of \r\naccounts of traffic and receipts to the l[Government] or as that Government \r\ndirects, and as to the forms in which those accounts are to be submitted; \r\n \r\n(h) as to the accidents of which report is to be made to the l[Government] or as \r\nthat Government directs; \r\n \r\n(i) as to any matter respecting which rules may be made under this section by a \r\nlocal authority or a promoter or lessee; and \r\n \r\n(j) generally, as to any other matter or thing in respect of which it may seem to \r\nthe l[Government] to be expedient to make rules for carrying out the purposes \r\nof this Act. \r\n \r\n (2) A local authority may, from time to time, with the previous sanction of the l[Government], \r\nmake rules consistent with this Act and with the order and any rul es made by the l[Government] \r\nunder this Act, for regulating—_ \r\n \r\n(a) the rate of speed to be observed in travelling upon a tramway within the circle \r\nof the local authority; \r\n \r\n(b) the use of animal power on the tramway; \r\n \r\n(c) the distances at which carriages using the tramway are to be allowed to \r\nfollow one after the other; \r\n \r\n(d) the stopping of carriages using the tramway, and the notice to be given to the \r\npublic of their approach; \r\n \r\n(e) the manner in which carriages using the tramway after sunset and before \r\nsunrise are to be lighted; \r\n \r\n(f) the traffic on roads along or across which the tramway is laid; \r\n \r\n(g) the number of passengers which may be carried in any carriage; \r\n \r\n \r\n1Subs. by A. O., 1937, for “L.G.”. \r\n21ns. by the Indian Tramways (Amdt.) Act, 1911 (5 of 1911), s. 6. \r\n \r\nPage 18 of 25 \r\n \r\n(h) the licensing and control of drivers, conductors and other persons having \r\ncharge of the carriages of the promoter or lessee or a licensee; and, \r\n \r\n(i) generally, the mode of use of the tramway: \r\n \r\n2[* * * * * * *] \r\n \r\n (3) The promoter or lessee of a tramway may, from time to time, with the previous sanction \r\nof the 1[Government], make rules consistent with this Act and with the order and any rules made \r\nunder this Act— \r\n \r\n(a) for preventing the commission of any nuisance in or upon any carriage, or in \r\nor against any premises, belonging to him; and \r\n \r\n(b) for regulating the travelling in any carriage belonging to him. \r\n \r\n (4) The l[Government] may cancel any rule made by a local authority or by a promoter or \r\nlessee under this section. \r\n \r\n 25. Power to impose penalty by rule. The authority making any rule under section 24 may \r\ndirect that a breach of it shall be punishable with fine which may extend,— \r\n \r\n(a) if the authority making the rule is the 1[Government], to two hundred rupees, \r\nand, \r\n \r\n(b) if that authority is a local authority or a promoter or lessee, to twenty rupees; \r\n \r\n and, when the breach is a continuing breach, with a further fine which may extend,__ \r\n \r\n(c) if the authority making the rule is the l[Government], to fifty rupees, and, \r\n \r\n(d) if that authority is a local authority or a promoter or lessee, to five rupees, for \r\nevery day after the first during which the breach continues. \r\n \r\n 26. Procedure for making, and publication of, rules.—(1) Every authority having power to \r\nmake rules under any section of this Act shall, before making the rules, publish a draft of the \r\nproposed rules for the information of persons likely to be affected thereby. \r\n \r\n (2) The publication shall be made, in the case of rules made by the 1[Government], in such \r\nmanner as may in its op inion be sufficient for giving information to persons interested, and, in the \r\ncase of rules made by a local authority or by a promoter or lessee, in manner prescribed. \r\n \r\n \r\n1Subs. by A. O., 1937, for “L.G.”. \r\n2Proviso which was ins. by A. O., 1937, of the G. of I. Act, 1935 (26 Geo. 5, c. 2) s. 181 (3) and definition of railway, has been omitted by A. \r\nO., 1964, Art. 2 and Sch. \r\n \r\n \r\nPage 19 of 25 \r\n \r\n (3) There shall be published with the draft a notice specifying a date, not earlier than the \r\nexpiration of one month after the date of publication, at or after which the draft will be taken into \r\nconsideration. \r\n \r\n (4) The authority shall receive and consider any objection or suggestion which may be made \r\nby any person with respect to the draft before the date so specified. \r\n \r\n (5) The publication in the official Gazette of a rule purporting to be made under this Act \r\nshall be conclusive proof that it has been duly made. \r\n \r\nOFFENCES \r\n \r\n 27. Penalty for failure of promoter, lessee or licensee to comply with act or order. If a \r\npromoter— \r\n \r\n(a) constructs or maintains a tramway otherwise than in accordance with the order, \r\nor \r\n \r\n(b) opens the tramway for traffic, or permits it to be so opened, before it has \r\nbeen inspected and certified in manner required by section 12, or \r\n \r\n(c) fails to observe any requirement or condition of the order for neglect or breach \r\nwhereof no penalty has been expressly provided in the order, \r\n \r\n or if a promoter, lessee or licensee runs a carriage on a tramway otherwise than in \r\naccordance with the order, \r\n \r\n he shall (without prejudice to the enforcement or specific performance of the requirements of \r\nthis Act or of the order, or to any other remedy which may be obtained against him in a Code of Civil \r\nJudicature), on complaint made by the l[Government] or by the local authority or road-authority or \r\nby the District Magistrate or, with the previous sanction of the District Magistrate, by any person \r\ninjuriously affected by the act or omission, be punished with fine which may extend to two hundred \r\nrupees, and in the case of a continuing offence to a further fine which may extend to fifty rupees for \r\nevery day after the first during which the offence continues to be committed. \r\n \r\n 28. Penalty for obstructing promoter in exercise of his powers. If any person without \r\nlawful excuse, the burden of proving which shall lie upon him, wilfully obstructs any person acting \r\nunder the authority of the promoter in the lawful exercise of his powers in constructing or \r\nmaintaining a tramway, or injures or destroys any mark made for the purpose of setting out the line \r\nof the tramway, he shall be punished with fine which may extend to fifty rupees. \r\n \r\n 29. Penalty for interfering with tramway. If any person without lawful excuse, the burden \r\nof Penal proving which shall lie upon him, wilfully does any of the following things namely:— \r\n \r\n(a) interferes with, removes or alters any part of a tramway constructed under \r\nthis Act, or of the works connected therewith, or \r\n \r\n1Subs. by A.O., 1937, for “L.G.”. \r\n \r\nPage 20 of 25 \r\n \r\n(b) places or throws upon or across any such tramway any wood, stone, refuse \r\nor other thing, or \r\n \r\n(c) does anything in such a manner as to obstruct any carriage using any \r\nsuch tramway, or \r\n \r\n(d) abets within the meaning of the Pakistan Penal Code (XLV of 1860) the doing \r\nof, or attempts to do, anything mentioned in clause (a), clause (b), or clause (c), \r\n \r\n he shall (without prejudice to any other remedy which may be obtained against him in a \r\nCourt of Civil Judicature) be punished with fine which may extend to one hundred rupees. \r\n \r\n30. Penalty for using tramway with carriage having flange wheels. If any person, except under a \r\nlease from, or by agreement with, the promoter, or under license from the l[Government] granted \r\nunder this Act, uses on a tramway, otherwise than as permitted by section 14, a carriage having \r\nflange-wheels or other wheels suitable to run on the rail of the tramway, he shall be punished with a \r\nfine which may extend to two hundred rupees. \r\n \r\n 31. Penalty for evading payment of proper toll.—(1) If any person travelling or having \r\ntravelled in a carriage of the promoter or lessee or of a licensee evades or attempts to evade \r\npayment of toll, or if any person having paid toll for a certain distance wilfully proceeds in any such \r\ncarriage beyond that distance and does not pay the additional toll for the additional distance or \r\nattempts to evade payment thereof, or if any person wilfully refuses or neglects on arriving at the \r\npoint to which he has paid toll to quit the carriage, he shall be punished with fine which may extend \r\nto ten rupees. \r\n \r\n (2) When a person commits an offence under this section and refuses on demand of a servant \r\nof the promoter, lessee or licensee to give his name and residence, or gives a name or residence \r\nwhich the servant has reason to believe to be false, he may be arrested and taken to the nearest \r\npolice-station by the servant or any person whom the servant may call to his aid. \r\n \r\n (3) When the person is taken to the police-station he shall with the least possible delay be \r\nforwarded to the nearest Magistrate, unless his true name and residence are ascertained, in which \r\ncase he shall be released on his executing a bond for his appearance before a Magistrate if so \r\nrequired. \r\n \r\n 32. Penalty for taking or sending dangerous or offensive goods without giving notice. \r\nIf any person takes or sends by tramway any goods of a dangerous or offensive nature without \r\ngiving the notice required by section 16, he shall be punished with fine which may extend to \r\nfifty rupees. \r\n \r\n33. Penalty for licensee not giving to promoter or lessee an account of traffic or giving \r\nfalse account.—(1) If a licensee fails on damand to give the account mentioned in section18, or, \r\nwith intent to evade the payment of tolls, gives a false account when he is called upon to give an \r\naccount under that section, he shall be punished with fine which may extend to fifty rupees. \r\n \r\n1Subs. by A.O., 1937, for “L.G.”. \r\n \r\n \r\nPage 21 of 25 \r\n \r\n (2) The fine shall be in addition to any tolls payable by the licensee to the promoter or lessee \r\nin respect of the passengers or goods conveyed by the carriage or carriages used by the licensee on \r\nthe tramway. \r\n \r\n 34. Saving of prosecutions under other laws. Nothing in this Act shall prevent a person \r\nfrom being prosecuted under any other law for an act or omission which constitutes an offence \r\nagainst this Act or the rules made under it, or from being liable under that other law to any other or \r\nhigher punishment or penalty than that provided by this Act or the rules made under it: \r\n \r\n Provided that a person shall not be punished twice for the same offence. \r\n \r\nSETTLEMENT OF DIFFERENCES \r\n \r\n 35. Differences between promoters or lessees and authorities.—(1) If any difference arises \r\nbetween the promoter or lessee on the one hand and the l[Government], or the local authority, or the \r\nroad-authority, or a person having the charge of any sewers, drains, telegraph-lines, gas-pipes, water-\r\npipes or other things in or on land occupied by the tramway, on the other hand, with respect to any \r\ninterference or control exercised or claimed to be exercised by, or on behalf of, either party by virtue \r\nof this or any other Act, or of the order or the rules made under this Act, or with respect to the \r\npropriety of, or the mode of, the execution of any work, or with respect to any compensation to be \r\nmade by or to the promoter or lessee, or on the question whether any work is such as ought \r\nreasonably to satisfy the 1[Government] or the road-authority or both, or with respect to any other \r\nsubject or thing regulated by, or comprised in, this Act or the order or the rules made under this Act, \r\nand not otherwise expressly provided for therein, the matter in difference shall, except where the \r\nparties elect to proceed under 2[the Arbitration Act, 1940], (X of 1940) be settled, on the application \r\nof either a party, by a referee. \r\n \r\n (2) Where the difference is— \r\n \r\n(a) between the promoter or lessee on the one hand and the 1[Government], either \r\nas such or as the road authority, on the other, or \r\n \r\n(b) between the promoter on the one hand and the local authority on the \r\nother, with respect to the sum to be paid by the local authority for an \r\nundertaking or part of an undertaking which that authority has required the \r\npromoter to sell under section 22, \r\n \r\n the referee shall be the District Court within the jurisdiction of which the tramway is situate, \r\nor, where the tramway is within the jurisdiction of more than one District Court, the District Court \r\nwithin the jurisdiction of which the greater part of the tramway is situate. \r\n \r\n (3) In other cases the referee shall be appointed by the 1[Government]. \r\n \r\n (4) Except where the referee is the District Court, the powers and procedure of the referee \r\nmay be prescribed. \r\n \r\n \r\n \r\n1Subs. by A.O., 1937, for “L.G.”. \r\n2Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and 2nd Sch., for “section 523 of the Code of Civil \r\nProcedure”. \r\n \r\nPage 22 of 25 \r\n \r\n (5) In the case of a difference between a promoter on the one hand and a local authority on \r\nthe other, with respect to the sum to be paid by the local authority for an undertaking or part of an \r\nundertaking which that authority has required the promoter to sell under section 22, an appeal shall \r\nlie to the High Court from the award of the referee as from an original decree of the District Court. \r\n \r\n (6) In the case of every other difference the award of the referee shall be final. \r\n \r\nRECOVERY OF TOLLS \r\n \r\n 36. Recovery of moneys due from promoters and in certain cases, from lessees. Any of \r\nthe following moneys, namely, any rent due to a local authority from a lessee, any penalty \r\nrecoverable from a promoter or lessee under an order, any sum payable by a promoter or lessee under \r\nan award of a referee, the cost of the performance under this Act by the l[Government] or by a local \r\nauthority or road-authority of any work required by this Act or by an order to be done by a promoter, \r\nand the cost incurred by a road-authority in removing a tramway and reinstating a road under this \r\nAct, may, without prejudice to any other remedy that the authority to which the money is due may \r\nhave by suit or otherwise, be recovered by that authority, on application made in this behalf to the \r\nCollector, as if the sum due were an arrear of land-revenue due by the promoter or lessee or his \r\nsurety (if any): \r\n \r\n Provided that nothing in this section shall authorize the arrest of the promoter or lessee or his \r\nsurety in execution of any process issued by the Collector. \r\n \r\n 37. Recovery of tolls from licensee.—(1) If a licensee fails to pay on demand the tolls due \r\nfor the use of a tramway, the promoter or lessee to whom the tolls are due may, without prejudice to \r\nthe remedy which he may have by suit, apply to a Magistrate to recover the amount of the tolls and \r\nthe Magistrate may, after giving notice to the licensee, if possible, and allowing him an opportunity \r\nof being heard, proceed to recover the amount by distress and sale of any carriages or other \r\nmoveable property of the licensee which may be found on the tramway or on premises connected \r\ntherewith. \r\n \r\n (2) When a licensee has failed to pay on demand the tolls due from him, the promoter or \r\nlessee to whom the tolls are due may seize any carriage or other moveable property of the \r\nlicensee on the tramway or on premises connected therewith, and detain the same for forty-eight \r\nhours unless the tolls are sooner paid. \r\n \r\n (3) When application is made to a Magistrate under subsection (1), he may make an interim \r\norder of distraint pending his final decision. \r\n \r\n 38. Recovery of tolls from passengers. Any tolls due to a promoter, lessee or licensee from \r\na passenger may be recovered either by suit or, on application to a Magistrate having jurisdiction \r\nwithin any local area in which any part of the tramway is laid, by distress and sa1e of any moveable \r\nproperty belonging to the passenger within the local limits of the jurisdiction of the Magistrate. \r\n \r\n \r\n \r\n \r\n1Subs. by A.O., 1937, for “L.G.”. \r\n \r\n \r\nPage 23 of 25 \r\n \r\n SAVINGS \r\n \r\n 39. Promoter to have right of user only.—(1) Notwithstanding anything contained in this \r\nAct, or in an order or any rule made under this Act, a promoter shall not acquire any right other than \r\nthat of user only over a road along or across which he lays a tramway, nor shall anything contained \r\nin this Act, or in an order or any rule made under this Act, exempt the promoter of a tramway, or any \r\nother person using the tramway, from the payment of such charges as may lawfully be levied in \r\nrespect of the use of a road or bridge along or across which the tramway is laid. \r\n \r\n (2) The l[Provincial Government] may, if it thinks fit, fix rates at which a promoter, lessee or \r\nlicensee may compound for the charges payable in respect of the use of a road or bridge. \r\n \r\n 40. Saving of power over roads traversed by tramways.—(1) Nothing in this Act, or in an \r\norder or any rule made under this Act, shall take away or abridge any power which a road authority, \r\nlocal authority or other person has by law to break up, widen, alter, divert or improve a road, railroad \r\nor tramway along or across which a tramway is laid. \r\n \r\n (2) The road-authority, local authority or other person executing any work referred to in sub-\r\nsection (1) shall not be liable to pay to a promoter, lessee or licensee any compensation for injury \r\ndone to a tramway by the execution of the work or for loss of traffic occasioned by the reasonable \r\nuse of any powerfully exercised for the execution thereof. \r\n \r\n 41. Saving of power of local authority and police to regulate traffic or roads. Nothing in \r\nthis Act, or in an order or any rule made under this Act, shall affect the powers of a local authority \r\nor of a Magistrate or police-officer to regulate the passage of traffic along or across a road along or \r\nacross which a tramway is laid; and the authority, Magistrate or officer aforesaid may exercise its \r\nor his powers as well on as off the tramway and with respect as well to the traffic of a promoter, \r\nlessee or licensee as to the traffic of other persons. \r\n \r\nSUPPLEMENTAL PROVISIONS \r\n \r\n 42. Promoters, lessees and licencees to be responsible for all injuries. A promoter, lessee \r\nor licensee shall be answerable for all injuries happening through his act or default or through the \r\nact or default of any person in his employment, by reason or in consequence of any of his carriages \r\nor works, and shall save harmless all authorities and persons collectively and individually, and their \r\nofficers and servants, from all damages and costs in respect of injuries so happening. \r\n \r\n 43. Want of funds not a sufficient reason for default. For the purposes of this Act want of \r\nfunds shall not be deemed to be a sufficient reason for the suspension of the construction, or the \r\ndiscontinuance of the working, of a tramway by a promoter or lessee. \r\n \r\n 44. Power to exempt from municipal taxation. When a tramway is constructed under this \r\nAct within the limits of a municipality, the l[Provincial Government] may exempt the animals, plant, \r\nrolling-stock, yards, workshops, engine-sheds, 2[electrical generating stations or sub-stations] and \r\ndepots of the promoter, lessee or licensee, for such period as it thinks fit, from all or any municipal \r\ntaxes leviable within those limits. \r\n \r\n1Subs. by A.O., 1937, for “L.G.”. \r\n2Ins. by the Indian Tramways (Amdt.) Act, 1911 (5 of 1911), s. 7. \r\n \r\n \r\nPage 24 of 25 \r\n \r\n 45. Application by local authorities of local funds to tramways.—(1) The fund to or with \r\nthe control or management of which the local authority of a municipality, cantonment or district is \r\nentitled or entrusted shall, notwithstanding anything in any enactment respecting the purposes to \r\nwhich that fund may be applied, be applicable, subject to the control of the 1[appropriate \r\nGovernment], to the payment of expenses incidental to the exercise of the powers and functions \r\nwhich may be vested in, or exercised by, a local authority under this Act. \r\n \r\n (2) The fund shall also be applicable, with the previous sanction of the 1[appropriate \r\nGovernment], to a guarantee of the payment of interest on money to be applied, with the \r\nconcurrence in writing of the local authority, within the limits of the local area under its control, to \r\nany of the purposes to which the fund might be applied by the local authority under sub-section (1). \r\n \r\n 2[(3) In this section ‘the appropriate Government’ means the Government, 3[Federal] or \r\nProvincial, whose executive authority extends over the local authority in question.] \r\n \r\n 46. Extension of Act to existing tramways. The 1[Government] may, with the consent of \r\nthe local authority and road-authority and of the promoter and his lessee (if any), extend any part of \r\nthis Act, or any rules made under this Act either with or without modification, to the whole or any \r\npart of a tramway constructed, or authorized by the 1[Government] to be constructed, before the \r\npassing of this Act, and may withdraw any part of the Act or any rules so extended. \r\n \r\n 47. Prohibition of construction of tramways except under this Act.—(1) A tramway of \r\nwhich the construction has not been authorized by the 1[Government] before the passing of this Act \r\nshall not, after the passing of this Act, be constructed for public traffic in any place to which this Act \r\nextends, except in pursuance of an order made under this Act. \r\n \r\n (2) A person constructing a tramway in contravention of sub-section (1) of this section, \r\n \r\n or after the passing of this Act maintaining or using for public traffic, otherwise than in \r\npursuance of an order made under this Act, a tramway which was not constructed, or authorized by \r\nthe 1[Government] to be constructed, before the passing of this Act, \r\n shall be liable, on the complaint of the 1[Government] or local authority, to double the \r\npenalty to which a promoter acting otherwise than in accordance with an order is liable under section \r\n27. \r\n \r\n 48. Transfer of control on exclusion of local area from circle of local authority . If at any \r\ntime a local area comprising a tramway to which this Act or any part thereof or any rule thereunder \r\napplies ceases to be included in the circle of a local authority, the functions of that authority under \r\nthis Act, or the part thereof or the rule thereunder, and under the order (if any), shall, in respect of \r\nthat local area, devolve on the 1[Government] or, if that Government so directs, on the local authority \r\nof the circle in which the tramway has been included. \r\n \r\n1Subs. by A.O., 1937, for “L.G.”. \r\n2Sub-section (3) ins. ibid., \r\n3Subs. by F. A. O., 1975, Art. 2 and Table, for “Central”. \r\n \r\n \r\nPage 25 of 25 \r\n \r\n 49. [Explanation and amendment of section 54 of Railway Act.] Rep. by the Railways Act, \r\n1890 (IX of 1890), s. 2 and Sch. I. \r\n \r\n 50. Powers of Government exercisable from time to time. All powers conferred by this \r\nAct on 1[the Government] may be exercised from time to time as occasion requires. \r\n \r\n \r\n______________ \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nDate: 05-09-2024 \r\n1The original words a “L.G.”. have successively been amended by A.O., 1937 and A.O., 1964, Art. 2 and Sch., to read as above.", "passage_offset_convention": "zero-based Unicode code points and UTF8 bytes; end exclusive", "passages": [ { "passage_id": "law:pk-code-8c779de1cc41fc73:sha256:8dc84515582d07c4f565ea43347dc62dfd4606c897a43d371add9c43dbdb26c4:chars-0-1752:33e9c98e8895a1fd882dbc505feac4e27082c3e68470cf68dec5bf189a8e60ee", "character_start": 0, "character_end": 1752, "utf8_byte_start": 0, "utf8_byte_end": 1752, "passage_sha256": "33e9c98e8895a1fd882dbc505feac4e27082c3e68470cf68dec5bf189a8e60ee", "reader_fragment": 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