27. Penalty for failure of promoter, lessee or licensee to comply with act or order.—If a
promoter—
(a) constructs or maintains a tramway otherwise than in accordance with the order, or
(b) opens the tramway for traffic or permits it to be so opened, before it has been inspected and
certified in manner required by section 12, or
(c) fails to observe any requirement or condition of the order for neglect or breach whereof no
penalty has been expressly provided in the order,
or if a promoter, lessee or licensee runs a carriage on a tramway otherwise than in accordance with the
order,
he shall (without prejudice to the enforcement or specific performance of the requirements of this Act
or of the order, or to any other remedy which may be obtained against him in a Court of Civil Judicature),
on complaint made by the 1
[Government] or by the local authority or road-authority or by the District
Magistrate or, with the previous sanction of the District Magistrate, by any person injuriously affected by
the act or omission, be punished with fine which may extend to two hundred rupees, and in the case of a
1. Subs. by the A.O. 1937, for “L.G.”.
2. For an instance, see Mad. R. and O.
16
continuing offence to a further fine which may extend to fifty rupees for every day after the first during
which the offence continues to be committed.
28. Penalty for obstructing promoter in exercise of his powers.—If any person without lawful
excuse, the burden of proving which shall lie upon him, wilfully obstructs any person acting under the
authority of the promoter in the lawful exercise of his powers in constructing or maintaining a tramway,
or injures or destroys any mark made for the purpose of setting out the line of the tramway, he shall be
punished with fine which may extend to fifty rupees.
29. Penalty for interfering with tramway.—If any person without lawful excuse, the burden of
proving which shall lie upon him, wilfully does any of the following things, namely:—
(a) interferes with, removes or alters any part of a tramway constructed under this Act, or of the
works connected therewith, or
(b) places or throws upon or across any such tramway any wood, stone, refuse or other
thing, or
(c) does anything in such a manner as to obstruct any carriage using any such tramway,
or
(d) abets within the meaning of the Indian Penal Code (45 of 1860) the doing of, or attempts to
do, anything mentioned in clause (a), clause (b) or clause (c),
he shall (without prejudice to any other remedy which may be obtained against him in a Court of Civil
Judicature) be punished with fine which may extend to one hundred rupees.
30. Penalty for using tramway with carriage having flange -wheels.—If any person,
except under a lease from, or by agreement with, the promoter, or under license from the 1
[Government]
granted under this Act, uses on a tramway, otherwise than as permitted by section 14, a carriage having
flange-wheels or other wheels suitable to run on the rail of the tramway, he shall be punished with fine
which may extend to two hundred rupees.
31. Penalty for evading payment of proper toll.—(1) If any person travelling or having travelled in
a carriage of the promoter or lessee or of a licensee evades or attempts to evade payment of toll, or if any
person having paid toll for a certain distance wilfully proceeds in any such carriage beyond that distance
and does not pay the additional toll for the additional distance or attempts to evade payment thereof, or if
any person wilfully refuses or neglects on arriving at the point to which he has paid toll to quit the
carriage, he shall be punished with fine which may extend to ten rupees.
(2) When a person commits an offence under this section and refuses on demand of a servant of the
promoter, lessee or licensee to give his name and residence, or gives a name or residence which the
servant has reason to believe to be false, he may be arrested and taken to the nearest police-station by the
servant or any person whom the servant may call to his aid.
(3) When the person is taken to the police-station he shall with the least possible delay be forwarded
to the nearest Magistrate, unless his true name and residence are ascertained, in which case he shall be
released on his executing a bond for his appearance before a Magistrate if so required.
32. Penalty for taking or sending dangerous or offensive goods without giving notice.— If any
person takes or sends by a tramway any goods of a dangerous or offensive nature without giving
the notice required by section 16, he shall be punished with fine which may extend to fifty rupees.
33. Penalty for licensee not giving to promoter or lessee an account of traffic or giving
false account.— (1) If a licensee fails on demand to give the account mentioned in section 18, or,
with intent to evade the payment of tolls, gives a false account when he is called upon to give an
account under that section, he shall be punished with fine which may extend to fifty rupees.
1. Subs. by the A.O. 1937, for “L. G.”.
17
(2) The fine shall be in addition to any tolls payable by the licensee to the promoter or lessee in respect
of the passengers or goods conveyed by the carriage or carriages used by the licensee on the tramway.
34. Saving of prosecutions under other laws.—Nothing in this Act shall prevent a person
from being prosecuted under any other law for an act or omission which constitutes an offence
against this Act or the rules made under it, or from being liable under that other law to any other
or higher punishment or penalty than that provided by this Act or the rules made under it:
Provided that a person shall not be punished twice for the same offence