4. Application for and consent necessary to making of order.—(1) The 1
[Government] may
make an order authorizing the construction of a tramway 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.
2* * * * *
(2) A local authority shall not make an application for an order, or be 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.
5. 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, the 1
[Government] may,
nevertheless, make an order authorising the construction of the tramway in the circle, or by the order
impose on the promoter any conditions which it deems fit, if, utter considering the reasons of the
authority for withholding its 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.
6. Procedure for making order.—(1) The 1
[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 stating that any objection or suggestion which any
person may desire to make with respect to the proposed order will, if submitted to the 1
[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, the 1
[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 authorising 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.
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.
1. Subs. by the A.O. 1937, for “L. G.”.
2. Proviso omitted, ibid.
7
(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 where on 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;
1. Subs. by the A.O. 1937, for “L.G.”.
2. Subs. by Act 5 of 1911, s. 4, for clause (e).
8
(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. Ins. by Act 5 of 1911, s. 5.
2. Subs. by the A.O. 1937, for “L.G.”.
3. The relevant provisions of the Land Acquisition Act, 1894 (1 of 1894) to be referred to.
9
8. Further order.—(1) The 1
[Government] may, on the application of 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) The 1
[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.
9. Power to authorise joint work by local authorities.—(1) Subject to, and in accordance
with, the provisions of this Act, the 1
[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 ease.
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 1
[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 tramway and otherwise in
relation thereto shall, unless the 1
[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, the 1
[Government] may either permit, or
refuse to permit, the powers given by the order to continue;
(iii) if the 1
[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 the 1
[Government].
(2) A notification published by the 1
[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.