TRAMWAYS ORDINANCE

Arrangement of Sections

1. Short title.

2. Power to break up streets.

3. Further obligations of promoters who have opened or broken up any road.

4. Repair and maintenance of part of road where tramway is laid.

5. Penalty for obstruction of promoters in laying out tramway.

6. Penalty for willful injury or obstruction to tramways.

7. Penalty on passengers practicing frauds on promoters.

8. Right to seize and detain any person discovered committing an offence under section 7.

9. Penalty for bringing dangerous goods on the tramway.

10. Penalty for persons using tramways with carriages with flange wheels.

11. Promoters to be responsible for all damages.

12. Promoters to have right of user only.

13. Nothing in the Ordinance to affect power of road authority to widen road.

14. Nothing in the Ordinance to affect power of police to regulate traffic.

15. Nothing in the Ordinance to affect right of public to use road.

16. Specification of offences and penalties to be affixed to carriages.

17. Power of promoters to sell undertaking.

18. What may be done in case promoters discontinue working of tramway, or of insolvency of promoters.

19. Value of undertaking how to be determined.

20. Government or Council may, however, work the tramway pending the three months specified in section 18.

21. Sale of undertaking to municipal Council.

22. Government to make regulations.

23. Interpretation.

5 of 1873,

61 of 1939,

46 of 1943,

3 of 1946.

AN ORDINANCE to facilitate the construction and regulate the working of Tramways.

[Date of Commencement: 3rd February, 1873]

1. Short title.

This Ordinance may be cited as the Tramways Ordinance.

2. Power to break up streets.

The promoters from time to time, for the purpose of making, forming, laying down, maintaining, and renewing any tramway duly proclaimed, or any part or parts thereof respectively, may open and break up any road, subject to the following regulations—

(1) they shall give to the road authority notice of their intention, specifying the time at which they will begin to do so, and the portion of road proposed to be opened or broken up, such notice to be given fourteen days at least before the commencement of the work;

(2) they shall not open or break up, or alter the level of any road, except under the superintendence and to the reasonable satisfaction of the road authority, unless that authority refuses or neglects to give such superintendence at the time specified in the notice, or discontinues the same during the work;

(3) they shall pay all reasonable expenses to which the road authority is put on account of such superintendence;

(4) they shall not, without the consent of the road authority, open or break up at any one time a greater length than one hundred yards of any road which does not exceed a quarter of a mile in length, and in the case of any road exceeding a quarter of a mile in length, the promoters shall leave an interval of at least a quarter of a mile between any two places at which they may open or break up the road, and they shall not open or break up at any such place a greater length than one hundred yards.

3. Further obligations of promoters who have opened or broken up any road.

When the promoters have opened or broken up any portion of any road, they shall be under the following further obligations, namely—

(1) they shall, with all convenient speed, and in all cases within four weeks at the most (unless the road authority otherwise consent in writing), complete the work on account of which they opened or broke up the same, and (subject to the formation, maintenance, or renewal of the tramway) fill in the ground and make good the surface, and, to the satisfaction of the road authority, restore the portion of the road to as good a condition as that in which it was before it was opened or broken up, and clear away all surplus paving or metalling, material, or rubbish occasioned thereby;

(2) they shall in the meantime cause the place where the road is opened or broken up to be fenced and watched and to be properly lighted at night;

(3) they shall bear or pay all reasonable expenses of the repair of the road for six months after the same is restored, as far as those expenses are increased by the opening or breaking up.

4. Repair and maintenance of part of road where tramway is laid.

The promoters shall, at their own expense, at all times maintain and keep in good condition and repair, with such materials and in such manner as the road authority shall direct, and to their satisfaction, so much of any road whereon any tramway belonging to them is laid as lies between the rails of the tramway and (where two tramways are laid by the same promoters in any road at a distance of not more than four feet from each other) the portion of the road between the tramways, and in every case so much of the road as extends eighteen inches beyond the rails of and on each side of any such tramway. If the promoters (with the consent of the Council under treaty with whom such tramway shall have been laid down, or the Government) abandon their undertaking, or any part of the same, and take up any tramway, or any part of any tramway belonging to them, they shall with all convenient speed, and in all cases within six weeks at the most (unless the road authority otherwise consent in writing), fill in the ground and make good the surface, and, to the satisfaction of the road authority, restore the portion of the road upon which such tramway was laid to as good a condition as that in which it was before such tramway was laid thereon, and clear away all surplus paving or metalling, material, or rubbish occasioned by such work; and they shall in the meantime cause the place where the road is opened or broken up to be fenced and watched and to be properly lighted at night:

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.


Recent Updates

LAW COMMISSION (AMENDMENT) ACT, NO. 19 OF 2016


VALUE ADDED TAX (AMENDMENT) ACT, NO. 20 OF 2016


PORTS AND AIRPORTS DEVELOPMENT LEVY (AMENDMENT) ACT, NO. 21 OF 2016


NATION BUILDING TAX (AMENDMENT) ACT, NO. 22 OF 2016


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


LAW COMMISSION (AMENDMENT) ACT, NO. 19 OF 2016


VALUE ADDED TAX (AMENDMENT) ACT, NO. 20 OF 2016


PORTS AND AIRPORTS DEVELOPMENT LEVY (AMENDMENT) ACT, NO. 21 OF 2016


NATION BUILDING TAX (AMENDMENT) ACT, NO. 22 OF 2016


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


LAW COMMISSION (AMENDMENT) ACT, NO. 19 OF 2016


VALUE ADDED TAX (AMENDMENT) ACT, NO. 20 OF 2016


PORTS AND AIRPORTS DEVELOPMENT LEVY (AMENDMENT) ACT, NO. 21 OF 2016


NATION BUILDING TAX (AMENDMENT) ACT, NO. 22 OF 2016


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


LAW COMMISSION (AMENDMENT) ACT, NO. 19 OF 2016


VALUE ADDED TAX (AMENDMENT) ACT, NO. 20 OF 2016


PORTS AND AIRPORTS DEVELOPMENT LEVY (AMENDMENT) ACT, NO. 21 OF 2016


NATION BUILDING TAX (AMENDMENT) ACT, NO. 22 OF 2016


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


LAW COMMISSION (AMENDMENT) ACT, NO. 19 OF 2016


VALUE ADDED TAX (AMENDMENT) ACT, NO. 20 OF 2016


PORTS AND AIRPORTS DEVELOPMENT LEVY (AMENDMENT) ACT, NO. 21 OF 2016


NATION BUILDING TAX (AMENDMENT) ACT, NO. 22 OF 2016


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


LAW COMMISSION (AMENDMENT) ACT, NO. 19 OF 2016


VALUE ADDED TAX (AMENDMENT) ACT, NO. 20 OF 2016


PORTS AND AIRPORTS DEVELOPMENT LEVY (AMENDMENT) ACT, NO. 21 OF 2016


NATION BUILDING TAX (AMENDMENT) ACT, NO. 22 OF 2016


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


LAW COMMISSION (AMENDMENT) ACT, NO. 19 OF 2016


VALUE ADDED TAX (AMENDMENT) ACT, NO. 20 OF 2016


PORTS AND AIRPORTS DEVELOPMENT LEVY (AMENDMENT) ACT, NO. 21 OF 2016


NATION BUILDING TAX (AMENDMENT) ACT, NO. 22 OF 2016


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


LAW COMMISSION (AMENDMENT) ACT, NO. 19 OF 2016


VALUE ADDED TAX (AMENDMENT) ACT, NO. 20 OF 2016


PORTS AND AIRPORTS DEVELOPMENT LEVY (AMENDMENT) ACT, NO. 21 OF 2016


NATION BUILDING TAX (AMENDMENT) ACT, NO. 22 OF 2016


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015