The Indian Tramways Act, 1886
7. Contents of order.-
(1) An order made 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 1[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 railway or another tramway on the level;
2[(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 1[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 1[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 the 1[Government], from time to time to adopt and apply such improvements in the tramway as the 1[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 authorised 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 the 1[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, gaspipes, water-pipes or other things as aforesaid;
(l) 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 1[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 the 2[Government] or the local authority, and the liability of the promoter or lessee, on the requisition of the 2[Government], from time to time, to adopt and apply such improvements in the carriages, and in the fittings, appliances and apparatus, as the 2[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 2[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 undertaking, or any part thereof, by sale, mortgage, lease, exchange or otherwise; and the conditions subject to which the local authority may be the transferee;
(r) the performance by the 2[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 observe any condition or direction contained in ,the order, and the application of the penalty when recovered.
(3) The 2[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, 18703 (10 of 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.
1. Subs. by the A.O. 1937, for "L.G.".
2. Subs. by Act 5 of 1911, s. 4, for clause (e).