The Indian Tramways Act, 1886
24. Power to make rules.-
(1) In addition to any other power to make rules expressly or by implication conferred by this Act, the 1[Government] may make rules consistent with this Act-
(a) as to the form in which an application for an order shall be made;
(b) as to the costs to be paid by an applicant in respect of an order, and the time when, and the place where, those costs shall be paid;
(c) as to the payment of money or lodgment of securities, by way of deposit, by the applicant for an order before the order is published under section 6, sub-section (4), or a further order is made under section 8; the investment of money so paid; the disposal of interest or dividends from time to time accruing due on money or securities so paid, lodged or invested; the application of the money or securities or the produce thereof to the discharge of any liability incurred by the promoter; and the forfeiture, repayment or return of the money or securities;
(d) as to the plans and sections of any works to be deposited by applicants for orders or by promoters;
(e) for regulating the use of steam-power or any other mechanical power 1[or electrical power] on a tramway;
(f) as to any matter specified in section 7, sub-section (2), clauses (c), (d), (e), (j) and (k), as a matter which may be provided for in an order, when that matter has not been so provided for, or has not, in the opinion of the 2[Government], been effectually so provided for;
(g) as to the periodical submission, by promoters, lessees and licensees, of accounts of traffic and receipts to the 1[Government] or as that Government directs, and as to the forms in which those accounts are to be submitted;
(h) as to the accidents of which report is to be made to the 1[Government] or as that Government directs;
(i) as to any matter respecting which rules may be made under this section by a local authority or a promoter or lessee; and
(j) generally, as to any other matter or thing in respect of which it may seem to the 1[Government] to be expedient to make rules for carrying out the purposes of this Act.
(2) A local authority may, from time to time, with the previous sanction of the 1[Government], make rules consistent with this Act and with the order and any rules made by the 1[Government] under this Act, for regulating-
(a) the rate of speed to be observed in travelling upon a tramway within the circle of the local authority;
(b) the use of animal power on the tramway;
(c) the distances at which carriages using the tramway are to be allowed to follow one after the other;
(d) the stopping of carriages using the tramway, and the notice to be given to the public of their approach;
(e) the manner in which carriages using the tramway after sunset and before sunrise are to be lighted;
(f) the traffic on roads along or across which the tramway is laid;
(g) the number of passengers which may be carried in any carriage;
(h) the licensing and control of drivers, conductors and other persons having charge of the carriages of the promoter or lessee or a licensee; and
(i) generally, the mode of use of the tramway.
(3) The promoter or lessee of a tramway may, from time to time, with the previous sanction of the 1[Government], make rules2 consistent with this Act and with the order and any rules made under this Act-
(a) for preventing the commission of any nuisance in or upon any carriage, or in or against any premises, belonging to him; and
(b) for regulating the travelling in any carriage belonging to him.
(4) The 1[Government] may cancel any rule made by a local authority or by a promoter or lessee under this section.
1. Ins. by Act 5 of 1911, s. 6.
2. Subs. by the A.O. 1937, for "L. G.".
3. Proviso omitted by the A. O. 1950.