The Indian Tramways Act, 1886

(1) This Act may be called the Indian Tramways Act, 1886; and (2) It shall come into force at once.

(1) It extends in the first instance to 1[the whole of India except 2[the territorieswhich, immediately before the 1st November, 1956, were comprised in Part B States] and the territorieswhich were on the 12th March, 1886, respectively], administered by the Governor of Fort Saint George inCouncil, the Governor of Bombay in Council and the Lieutenant-Governor of Bengal. 3[(2) This Act may by notification in the Official Gazette be extended to the whole or any part of thesaid territories by the State Government concerned.]

In this Act, unless there is something repugnant in the subject or context,-- (1) "local authority" means a municipal committee, district board, body of port commissioners orother authority legally entitled to , or entrusted by 1[the Central Government] or any State Governmentwith, the control or management of a municipal or local fund: (2) "road" means the way of a road, street, thoroughfare, passage or place along or across which atramway authorised under this Act is, or is intended to be, laid, and includes the surface-soil andsub-soil of a road, and the footway, berms, drains and ditches of a road, and any bridge, culvert orcauseway forming part of -a road: (3) "road-authority", in relation to a road, means-- (a) if a local authority maintains and repairs the road, then that authority; (b) if a local authority does not maintain and repair the road, and the road is neither vested inGovernment nor maintained and repaired by 1[2*** Government], then the person in whom the roadis vested; and (c) if a local authority does not maintain and repair the road, and the road is vested in Government or maintained and repaired by 3[4*** Government], then 5[the Government for whosepurposes a road is so vested or by which the road is maintained and repaired, as the case may be]: (4) "circle", in relation to a local authority or road-authority, means the area within the control ofthat authority: 6[(5) "tramway" means a tramway having one, two or more rails, and includes-- (a) any part of a tramway, or any siding, turnout, connection, line or track belonging to atramway; (b) any electrical equipment of a tramway; and (c) any electric supply-line transmitting power from a generating station or substation to atramway or from a generating station to a sub-station from which power is transmitted to atramway:] (6) "order" means an order authorising the construction of a tramway under this Act, and includes afurther order substituted for, or amending, extending or varying, that order: (7) "promoter" means a local authority or person in whose favour an order has been made, and includes a local authority or person on whom the rights and liabilities conferred and imposed on thepromoter by this Act and by the order and any rules made under this Act as to the construction,maintenance and use of the tramway, have devolved: (8) "undertaking" includes all moveable and immoveable property of the promoter suitable to andused by him for the purposes of the tramway: (9) "carriage", in the case of a tramway on which steam-power or any other mechanical power 7[orelectrical power] is used, includes an engine worked on the tramway for the purpose of producing 7[orutilising] that power: (10) "toll" includes any charge leviable in respect of the use of a tramway: (11) "lessee" means a person to whom a lease has been granted of the right of user of a tramway andof demanding and taking the authorised tolls: (12) "District Magistrate" includes an officer empowered by the 8[Government] by name or byvirtue of his office to discharge within any local area all or any of the functions of a District Magistrateunder this Act: (13) "District Court" means a principal Civil Court of original jurisdiction, and includes a HighCourt having ordinary original civil jurisdiction: (14) "Collector" means the chief officer in charge of the revenue-administration of a district,and includes an officer empowered by the 8[Government] by name or by virtue of his office todischarge within any local area the functions of a Collector under this Act: 9*** (15) "prescribed" means prescribed by rules made by the 8[Government] under this Act: 10[and] 11[(16) "Government", in relation to a tramway which is wholly within a municipalarea or which is declared not to be a railway under clause (20) of article 366 of the Constitution, means the State Government and, in relation to any other tramway, means the CentralGovernment.]]

(1) The 1[Government] maymake 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 partof a road which is to be traversed by the tramway and of which the local authority is not itself theroad-authority; or (b) by any person with the consent of the local authority of the circle, and of the road-authority ofany road or part of a road which is to be traversed by the tramway and of which the local authority isnot the road-authority. 2* * * * * (2) A local authority shall not make an application for an order, or be deemed to consent to anapplication being made by any person for an order, unless the making of the application or the giving ofthe consent has been approved by the local authority in manner prescribed.

When it is proposedto lay a tramway in two or more circles, and a local authority or road-authority having control in either orany 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 orderimpose on the promoter any conditions which it deems fit, if, utter considering the reasons of theauthority for withholding its consent or attaching the conditions thereto, it is satisfied that the constructionof the tramway in the circle is expedient, or, as the case may be, that the conditions attached by theauthority to its consent ought not to be imposed.