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Tramways Act, 1886

Act· 1886· 25 pages
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Summary

The Tramways Act, 1886 is a colonial-era statute regulating how tramways are authorized, built, and operated. Section 1 fixes the short title, and Section 2 shows the Act originally extended only to Punjab and the former North-West Frontier Province, with a mechanism for provincial governments to extend it further. Section 3 defines key terms including "local authority," "road," "road-authority," "tramway" (covering rails, sidings, and associated electrical equipment), "promoter" (the party authorized to build a tramway), "undertaking," "toll," and "lessee."

Sections 4-10 set out the process for obtaining an order authorizing construction of a tramway, including when a local or road authority's consent is required, the procedure for making the order, and what the order must contain. Sections 11-13 cover construction and maintenance standards, including inspection of a tramway before it opens (Section 12) and agreements between the road authority and the promoter over repair of the roadway (Section 13).

Sections 14-16 give the promoter and the public rights to use the tramway and let the promoter or lessee levy tolls, while also regulating carriage of dangerous or offensive goods. Sections 17-18 allow the promoter to license third parties to use the tramway. Sections 19-21 cover discontinuance of a tramway and what happens if the promoter becomes insolvent. Section 22 allows a local authority to eventually purchase the tramway undertaking, and Section 23 covers a local authority leasing or working a tramway it owns.

Sections 24-26 give government rule-making power, including the power to impose penalties by rule. Sections 27-34 create specific offences: failing to comply with an order (Section 27), obstructing the promoter (Section 28), interfering with the tramway (Section 29), using a tramway with a flange-wheeled carriage without authorization (Section 30), evading tolls (Section 31), and sending dangerous goods without notice (Section 32) -- the extract does not state specific penalty amounts for these offences, only that Section 47 doubles the penalty for building or operating a tramway without an order once the Act is in force. Sections 35-38 cover dispute settlement and recovery of tolls, and Sections 39-42 are savings clauses, including that promoters, lessees, and licensees are responsible for injuries they cause. Section 49 (which amended the Railway Act) has itself been repealed by the Railways Act, 1890.

This is an 1886 Act with a long chain of amendments shown in the extract's footnotes (including changes made by the 1949 and 1937 General Clauses/Adaptation Orders, the Federal Laws (Revision and Declaration) Act, 1951, and the Federal Adaptation of Laws Order, 1975), so it is old and has clearly been repeatedly amended; specific penalty amounts and current territorial extent should be checked against the official current text.

Key topics

tramway construction authorizationtolls and traffic rightslocal authority powers over tramwaystramway-related offences

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