14. Rights of promoters and the public over tramways.—(1) The promoter of a tramway shall,
subject to the provisions of sub-section (2) and to the other provisions of this Act and of the order, have
the exclusive use of the tramway for carriages with flange-wheels or other wheels suitable to run on the
rail described in the order as the rail to be used on the tramway:
Provided that nothing in this Act or in the order or any rule made under this Act shall affect the right
of any person authorised to use a tramway or railway to pass across a tramway constructed under this Act
with carriages having wheels suitable to run on the rail thereof.
(2) The public shall have a right to pass along or across any part of a road along or across which a
tramway is constructed, whether on or off the tramway, with carriages not having flange-wheels or other
wheels suitable to run on the rail of the tramway:
Provided—
(a) that this sub-section shall not apply where the tramway is constructed on land the right to the
exclusive possession of which has been acquired by the promoter; and
(b) that the 3
[Government] may by an order authorize the construction of a tramway on any part of
a road with rails raised above the surface of the road, if it is satisfied that the convenience of the public
will not be injuriously affected thereby.
15. Tolls leviable by promoter or lessee.—(1) The promoter or lessee may demand and take, in
respect of the tramway, tolls not exceeding the limits specified in or determinable under the order, or, if
the order contains no provision in this behalf, then such sums as may from time to time be fixed by the
promoter or lessee with the previous sanction of the 1
[Government].
(2) A list of all the tolls authorized to be levied shall be exhibited, in such languages as the District
Magistrate may direct, in a conspicuous place inside and outside each of the carriages used upon the
tramway.
16. Carriage of dangerous or offensive goods.—(1) A person shall not be entitled to carry or to
require to be carried, on a tramway constructed under this Act, any goods of a dangerous or offensive
nature.
(2) A person taking such goods with him on the tramway shall, before entering the carriage, give
notice of their nature to the servant of the promoter or lessee in charge of the carriage.
(3) A person sending such goods by the tramway shall distinctly mark their nature on the outside of
the package containing them, or otherwise give notice thereof in writing to the servant of the promoter or
lessee with whom he leaves them for the purpose of their being sent by the tramway.
(4) Any servant of the promoter or lessee may refuse to carry upon the tramway a parcel which
he suspects to contain goods of a dangerous or offensive nature and, if any such parcel has been
1. Subs., by A.O. 1937, for “until an engineer appointed in this behalf by the L.G. has inspected it and certified it to be fit for
such traffic”.
2. Subs. by the A. O. 1950, for certain words.
3. Subs. by the A. O. 1937, for “L. G.”.
11
received for the purpose of being carried upon the tramway, may stop the transit thereof until he is
satisfied as to the nature of its contents.
(5) Where a servant of the promoter or lessee refuses under sub-section (4) to carry a parcel which has
been received for the purpose of being carried upon the tramway, he shall, as soon as may be, give notice
of his refusal to the consignor or consignee if he refuses at a time when neither of them is present.