The act is known as “The Indian Tramways Act, 1886”. Act was enacted on 12th March, 1886. Act is enacted for purpose of building and for controlling the work of tramways. Act extends to whole Indian except boundaries which are formed on 11th November, 1956 and 12th March, 1886, and governed by Fort Saint George in Council and governor of Bombay and Lieutenant-Governor of Bengal and thus it will enforce to boundaries when state government of that boundary once notifying in gazette it will extend to such in part or whole of that such notified state. For the purpose of this act, “road means, the way of a road, street, thoroughfare, passage, or place along which tramway authorized under this act or is intended to be laid and includes the surfaces-soil and sub soil of a road and footway, beams, drains and ditches of road and bridge culvert or causeway forming part of road”, “circle include, any relation to local authority, means area within control of that authority”.
An application for construction of tramway is applied before government and after considering and verifying application submitted government with due provision pass order for constructing tramway. Once such order is passed, concerned person by way of notice suggest or make or alter certain thing in relation to order passed before date given to submit such notice, then all procedural work is completed then government will authorise construction of tramway and such authorization will be published in gazette in English and other required language of that state will suffice as evidence that order is made for construction. Order will provide that person constructing tramway should maintain and construct in such specified period as provided in order so that it can be used for public transportation. Construction of tramway should be within specified period and it will commenced on such given date and other al rules in relation of maintained of tramway and that roads, rails on which tramway is supposed run. Government will penalise that person who does not properly take care or looks after tramway’s construction and maintenance as given in order.
Person who will construct tramway will take order from government for acquiring property to build tramway as such person is not owner of that property so they require order to hold the property as per Land acquisition Act, 1870 and they will hold in such manner as such person is owner of that property.
If there are more than two application made then government may ask both of them to construct whole part together or construct in part of tramway as they are think so and this co-joint ownership will only extend to construction only. Once tramway is constructed fully it has to get certified i.e., before opening it to public transport tramway is to be inspected and once inspection is done and authority is has believed that now it can be opened for public transport then they give a certificate stating that it can now be opened for public transport. Here, local authority of tramway and road authority of roads will enter into agreement in relation to repairing of roads on which tramway travels from time to time for safety of public and expense will be paid according to there agreement i.e., partly by both or fully by both.
Promoter has levied with ultimate power to use tramway for carriage with rib wheels or such other wheels which are perfect to run on rails of tramway. People will have right to move along or cross with carriage on tramway line. Here, certain amount is fixed as “toll” that can be collected by promoter by displaying on gate or tramway in English language and such vernacular language (of that state) both in figures and words, and also list of such toll is to be given to district Magistrate for is inspection.
No person is allowed to carry any hazardous goods or offensive goods on tramway. If any one is carrying such type of hazardous goods then he has intimate the servant of promoter before boarding tramway and then such goods are given unique mark which is marked on box containing such goods and if even after refuse such goods are carried then till authority is convinced regarding its nature tramway will not leave.
If while tramway is running it comes forward that promoter is unable to maintain tramway as he incapable to do so or he came out to be insolvent then local authority or road authority put forward the issue in front of concerned authority and then shall make enquiry of such promoter and by notification of within six month expire of power of promoter.
When at any point local circle encompass tramway or its other part then rules which deem to be included in circle local authority, functions or any such provision all are transferred on conferred on government.
by Samata. H. Joshi.