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(Referred to in Section 3 of this Act.) Tax ox CARRIAGES, COACHES, Vans, Carts, HACKERIES, IIORSES AND Ponies. 1. For every four-wheeled
vehicle on springs a rate not exceeding Rs. 10 per quarter. 2. For every two-wheeled vehicle on springs ...
ditto. 3. For every cart or haekery drawn by bullocks
ditto. 4. For every horse, or pony
of the height of 12
ditto , 5 ditto.
Bombay Act No. II. of 1883.
PUBLISHED BY THE GOVERNOR OF BOMBAY ON THE 10ti April, 1883.
An Act to authorize the making and to regulate the working of Street
Tramways in Karachi.
called the Municipality, by an Agreement
dated the 21st day of April 1882, for the considerations therein expressed, granted to Edward Davis Mathews, and his assigns, hereinafter called the Grantee, the right to construct, maintain and use a tramway or tramways in Karachi upon the terins and in the manner mentioned in the said Agreement, a copy whereof is set forth in the schedule; and whereas the said Grantee is desirous of being empowered to construct the several street tramways in the said Agreement and in this Act particularly described, and also such other tramways between such other places in Karáchi and the Suburbs of Karachi, and by such other routes as may hereafter be approved ; and whereas the objects of this Act cannot be attained without the authority of the Legislature : It is hereby enacted as follows:
1. This Act may be called “The Karachi
Tramways Act, 1883:”
in the Sind Official Gazette with the assent of
or context—“Tramway” a tramway Meaning of “ Tramway.”
constructed under this Act.
3. Subject to the provisions of this Act, and of the said Agreement Tramways may be made in
so far as the same is not inconsistent with any accordance with the Agreement thing in this Act, the Grantee may make and between the Municipality and the maintain in Karachi a tramway or tramways, Grantee.
with single or double lines, and with all necessary sidings, turnouts, connections and lines (but in the case of sidings and turnouts only in such places as the Municipality may sanction) on the following routes and between such other places and by such other routes as may be hereafter approved by the Municipality and sanctioned by the Commissioner in Sind :
1st, a tramway from a point opposite the carriage stand on the
old Post Office Square, Sadar Bázár, along Preedy Road,
Garden Road and Bandar Road to Keamari, and 2nd, from a point opposite the City Station of the Sind, Panjaub
and Delhi Railway to the Native Jetty crossing the aforenamed line to Keamari at a point near the Junction of the
McLeod and Bandar Roads. 4. In the event of any other tramway or tramways on other routes
in Karachi, or in the Suburbs of Karachi Application of Act to suburban
being from time to time approved by the tramways.
Municipality for the said Suburbs, as the case may be, and sanctioned by Government and undertaken by the Grantee, notice thereof, specifying the routes so approved of, and, in the case of suburban tramways, a copy of the Agreement entered into between the said Municipality and the Grantee in respect thereof, shall thereupon be published in the Sind Official Gazette, and upon such publication all the provisions of this Act, so far as the same may be applicable, shall apply to the tramway or tramways in such publication specified, and all works and things connected with the same or incidental thereto, as if the said routes had been particularly specified in this Act, and as if the Agreement, if any, in reference thereto had been included in the schedule. 5. Every tramway shall be constructed on a gauge not exceeding 4 feet,
or on such lesser gange as may be agreed upon Form in which tramways are to be constructed and maintained.
between the Municipality and the Grantee, and
shall be laid and maintained in such manner that the uppermost surface of the rails shall be on a level with the immediately adjacent surface of the road; and before the work of construction is begun, the drawings and specification showing the proposed construction of each tramway shall be submitted to the Municipality and be approved by them, and the cars and carriages intended to run on the tramways shall also be of such construction and furnished with such brakes and other appliances as shall have been approved by the Engineer to the Municipality. No vehicle used on any tramway authorized under this Act shall extend beyond the outer edge of the wheels of such carriage more than fourteen inches on each side.
6. No tramway shall be opened for public traffic until the same has No tramway to be opened
been inspected and certified by the Engineer without certificate from Engi- to the Municipality to be fit for such
traffic. 7. The cars and carriages of the Grantee on the lines of the Tramway
shall be worked with such power, animal or Carriages how to be worked.
mechanical, as the Grantee may think suitable: provided that no steam carriages shall be used without the special consent of the Municipality, to be obtained in special general meeting of the Commissioners, and without the sanction of the Governor of Bombay in Council. 8. The Grantee may use on his tramways carriages with flange wheels
or wheels suitable only to run on a grooved rail,
tramway carriages with flange wheels.
and subject to the provisions of this Act, and
of the hereinbefore recited Agreement, he shall have the exclusive use of his tramways for carriages with flange wheels or other wheels suitable only to run on a grooved rail. 9. The Grantee shall have power from time to time to fix the rates of
fares for carrying passengers and goods in the Grantee may fix and demand fares.
said cars or carriages, and may demand and
take the same for every passenger travelling upon any of his tramways, or for the carriage of goods by his tramways: provided that the rate of fare for each person or parcel shall, for any distance not exceeding three miles, not exceed four annas, and for any greater distance shall not exceed the same proportion. 10. A printed list in English, Arabic, Sindhi and Gujarathi of all the
fares and charges authorized by this Act to be Printed list of fares &c., to be placed in carriages.
taken, and a printed copy in the same lan
guages of all bye-laws in force as hereinafter mentioned, shall be exhibited in a conspicuous place inside each of the cars or carriages used by the Grantee upon any of his tramways.
Such list and printed copy as aforesaid shall be published in the Sind Official Gazette at the expense of the Grantee. 11. The fares and charges by this Act authorized shall be paid to such
persons at such places, upon or near to the Fares how to be paid.
and in such manner and under such regulations as the Grantee may, by notice to be annexed to the list of fares, from time to time appoint with the approval of the Municipality. 12. The Grantee, from time to time, for the purpose of constructing
and maintaining any tramways under this Act Power to break up streets.
or any part or parts thereof respectively, may open and break up the soil and pavement of the streets, roads or bridges, and therein lay sleepers and rails, and repair, alter, or remove the same;
may, for the purposes aforesaid, do in and on such streets and bridges all other acts which he shall from time to time deem necessary for constructing and maintaining his tramways, subject to the following regulations :
1st. He shall give to the Municipality notice in writing of his intention to open or break up any such street, road or bridge, specifying the time at which he will begin to do so, and the portion of the road proposed to be opened or broken up. Such notice to be given at least three days before the commencement of the work except in cases of emergency arising from defects of the rails or other work, and then so soon as is possible after the beginning of the work or the necessity for the same shall have arisen.
2nd. - He shall not open or break up or alter the level of any such street, road or bridge, except under the superintendence and to the reasonable satisfaction of the Engineer to the Municipality, for which superintendence the Grantee shall pay all reasonable expenses, unless the Engineer to the Municipality neglect to give such superintendence at the time specified in the notice or discontinue the same during the work.
3rd.--He shall not, without the consent of the Engineer to the Municipality, open or break up at any ove time a greater length than a quarter of a mile on any one line of tramway.
4th.-He shall, with all convenient speed, and in all cases within six weeks at the most, unless the Engineer to the Municipality otherwise consents in writing, complete the work for which the said street or bridge shall be broken up, and fill in the ground, and make good the surface, and, to the satisfaction of the Engineer to the Municipality, restore the street or bridge to as good a condition as that in which it was before it was opened or broken up, and clear away all surplus materials or rubbish occasioned thereby.
5th.– He shall in the mean time, when such street or bridge is opened or broken up, cause it to be fenced and watched, and to be properly lighted at night.
6th.-He shall make good all damage done to the gas and water pipes and sewers whether belonging to the Municipality or to private individuals, by the disturbance thereof.
7th.-If, by any such operations as aforesaid, the Grantee interrupts the supply of water or gas in or through any main or main pipe, he shall be liable to a penalty not exceeding two hundred rupees for every day upon which such supply shall be so interrupted. 13. The Grantee shall, at his own expense, at all times maintain and
keep in good condition and repair, in such Grantee to keep the tramway roads in proper repair.
manner as the Engineer to the Municipality
shall direct, the rails of which any of his
tramways shall for the time being consist, and so much of any street or bridge as lies between the rails of any tramway; and, in the case of double lines or turnouts or sidings, 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; and in the course of carrying out such repairs, it shall not be necessary to give notice thereof to the Municipality. 14. In exercising the powers given to him by the last two preceding
sections, the Grantee shall arrange his work Grantee
so as to afford the least possible obstruction ordinary traffic.
to the ordinary traffic of the streets, and so as to admit of as free and unrestricted entry at all times into the sewers through the man-holes and lamp-holes for the time being in use, as is possible under the circumstances, and also so as to enable proper repairs to be made to water or gas pipes by the direction of the Engineer to the Municipality. 15. Nothing in this Act, or in any bye-law made under this Act,
shall take away or abridge the right of the Reservation of right of public public to pass along or across every or any to use roads.
part of any road along or across which any tramway is laid whether on or off the tramway, with carriages not having flange wheels or wheels suitable to run on a grooved rail. 16. Notwithstanding any thing in this Act contained the Grantee
shall not acquire, or be deemed to acquire, Right of user only.
any right other than that of user of any road along or across which he lays any tramway. 17. If the Grantee fail in any respect to comply with the provisions
of sections five, six, seven, twelve (except the Penalty for failure of Grantee to comply with provisions of this last two clauses), thirteen and fourteen, he
shall for every such offence (without prejudice to the enforcement of specific performance of the requirements of this Act, or to any other remedy against him) upon complaint of the Municipality or of any person injuriously affected thereby, be liable to a penalty not exceeding two hundred rupees, and to a further penalty not exceeding fifty rupees for each day, during which any such failure continues after the first day on which such penalty is incurred. 18. If any person wilfully obstructs any person acting under the
authority of the Grantee in the lawful exercise Penalty for obstructing Grantee in the exercise of his power.
of his powers in setting out or making, laying
down, repairing, or renewing a tramway, or injures or destroys any mark made for the purpose of setting out the line of the tramway, he shall for every offence be liable for a penalty not exceeding fifty rupees, and shall also be liable to pay such damages as may be awarded in respect of such injury by any competent Court.