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19. If any person without lawful excuse Penalty for interfering with
(the proof whereof shall lie on him) wilfully tramway.
does any of the following things, namely :Interferes with, removes, or alters any part of a tramway of the Grantee, or of the works connected therewith ;
does or causes to be done anything in such a manner as to obstruct any carriage using the tramways;
or knowingly aids or assists in the doing of such thing, he shall for every such offence be liable (in addition to any proceedings by way of criminal charge or otherwise to which he may be subject) to a penalty not. exceeding one hundred rupees. 20. If any person travelling or having travelled in any carriage of the
Grantee avoids or attempts to avoid payment Penalty for avoiding payment
of his fare, or if any person having paid his of proper fare.
fare for a certain distance knowingly and wilfully proceeds in any such carriage beyond such distance, and does not pay the additional fare for the additional distance, or attempts to avoid payment thereof, or if any person knowingly and wilfully refuses or neglects on arriving at the point to which he has paid his fare to quit such carriage, every such person shall for every such offence be liable to a penalty not exceeding ten rupees. 21. It shall be lawful for any servant of the Grantee, and all persons
called in by him for his assistance, to arrest Servant of Grantee may arrest
and take to the nearest Police station any persons avoiding payment of fare.
person who shall be discovered either in or after committing or attempting to commit any such offence as in the last preceding section mentioned, and whose name and residence is refused by him, and is unknown to such servant or person, and the police officer in charge of the said Police station, on receiving a complaint that an offence under this Act has been committed, shall adopt such legal measures as may be necessary to cause the said person to be taken before a Magistrate with the least possible delay. 22. No person shall be entitled to carry or to require to be carried on
any tramway any goods which may be of Carriage of dangerous
dangerous or offensive nature, und if any offensive goods.
person send by any tramway any such goods without distinctly marking their nature on the outside of the package containing the same, or otherwise giving notice in writing to the book-keeper or other servant of the Grantee with whom the same are left at the time of such sending, he shall be liable to a penalty not exceeding fifty rupees for every
such offence, and it shall be lawful for the Grantee to refuse to take any parcel that he may suspect to contain goods of a dangerous or offensive nature, or to require the same to be opened to ascertain the fact.
23. The Municipality in special General Meeting may, subject to con
firmation thereof by the local Government, Bye-laws by Municipality.
from time to time make such regulations as to the rate of speed, number of passengers, and mode of use of the tramways and motive power as the convenience and safety of the public may require, and as are not inconsistent with this Act.
The Grantee may, subject to confirmation The Grantee may make certain regulations.
as aforesaid, from time to time make such
regulationsfor preventing the cominission of any nuisance in or upon any carriage, or in or against any premises belonging to him ; and
for regulating the travelling in or upon any carriage belonging to him as are not inconsistent with this Act.
And for better enforcing the observance of all or any of such regulations it shall be lawful for such Municipality and Grantee respectively, subject to the confirmation thereof by the local Government, to make bye-laws for all and any of the aforesaid purposes, and from time to time to repeal or alter such bye-laws and make new bye-laws, provided that such bye-laws be not repugnant to the provisions of this Act or of any law for the time being in force in the city of Karáchi. Notice of the making of any such bye-laws shall be published by the Municipality in the Sind Official Gazette. 24. Any person offending against any bye-law made under the pro
visions of the last preceeding section shall Penalty for breach of bye
forfeit for every offence any sum not exceedlaws.
ing twenty-five rupees to be imposed in such bye-laws as a penalty for such offence.
25. The Municipality shall have the like power of making and enforcPower to Municipality to ing rules and regulations and of granting license drivers, conductors, &c. license with respect to all drivers, conductors and other persons having charge of the carriages using the tramways. 26. The Grantee shall be answerable for all accidents, damages and
injuries happening through his act or default, Grantee to be responsible for
or through the act or default of any person all damages.
in his employment by reason or in consequence of any of his works or carriages, and shall save harmless the Municipality and their officers and servants from all damages and costs in respect of such accidents, damages and injuries.
27. Nothing in this Act shall limit the powers of the Municipality or Power for the Municipality
the police to regulate the passage of any and police to regulate traffic on traffic along or across any road along or across roads.
which any tramways are laid down, and the Municipality or police may exercise their authority as well on as off the tramway, and with respect as well to the traffic of the Grantee as to the traflic of other persons.
The Municipality shall not be liable to pay to the Grantee any compensation for loss of traffic occasioned by the reasonable exercise of such authority. 28. Nothing in this Act shall be construed to prevent the Munici
pality, in the exercise of the powers conferred Reservation of power
upon them under Bombay Act VI. of 1873, roads.
from opening, breaking up, widening, altering, diverting or improving any of the roads traversed by the tramways for the purposes for which they may now lawfully open, break-up, widen, alter, divert, or improve the same, provided
(1) that they shall cause as little detriment or inconvenience to the Grantee as circumstances admit;
(2) that they may (if absolutely necessary, but not otherwise) order the temporary stoppage of traffic on the tramways or any of them, on giving 24 hours' previous notice in writing to the Grantee;
(3) that before they commence any work, whereby the traffic on the tramway will be interrupted, they shall (except in cases of urgency, in which cases no notice shall be necessary) give to the Grantee notice of their intention to commence such work, specifying the time at which they will begin to do so; such notice to be given eighteen hours at least before the commencement of the work ;
(4) that in the event of their so interfering with or stopping the running of any tramway under this section, an abatement proportioned to the length of road over which and time during which running is stopped, shall be made from the rent hereiu before reserved and payable by the Grantee ;
(5) that any alteration of the position of any of the tramways, or the making good of any injury or damage that may be occasioned thereto by reason of such widening, alteration or improvement, shall be executed by the Grantee at the expevse of the Municipality.
29, The Municipality shall have the right of purchasing the tramways Municipality to have right of with the plant, buildings, stores, rolling stock, purchasing tramways after 21 and every thing connected therewith upon the years.
expiration of twenty-one years from the commencement of this Act, upon declaring its intention so to do in writing not less than six months before the expiration of the said twenty-one years, and shall have a renewed right of purchase at the end of every seven years after the expiration of the said twenty-one years upon similar notice being given, and the consideration for such purchase shall be a cash payment of one and two-fifths of the amount of the invested capital of the Grantee or securities of the Government of India, or securities the interest whereon shall have been guaranteed by the Secretary of State for India in Council, of such'amount as to produce, at the rate of interest current on such securi
ties, seven per cent. per annum on the amount of the said invested capital; and if the consideration for such purchase shall be given in such securities as aforesaid, the Grantee shall be entitled to have in addition a first mortgage of all the property, assets and profits of the tramway or tramways which shall have been purchased from him. 30. At any time the Grantee may sell the undertaking to any person,
persons, Corporation or Company (subject Grantee may sell his rights and powers to other persons.
nevertheless to the provisions of the said
agreement or such of them as shall be then subsisting) and when any such sale has been made all the rights, powers, authorities, obligations and liabilities of the Grantee under the said agreement and this Act shall be transferred to, vested in, and may be exercised by, and shall attach to the person, persons, Corporation or Company, to whom the same has been sold in like manner as if such person, persons, Corporation or Company had been authorized to construct the tramways of the Grantee then already constructed, and thereafter to be constructed instead of the Grantee.
ARTICLES of AGREEMENT made this twenty-first day of April 1882, between the Commissioners of the Karáchi Municipal District incorporated under Bombay Act VI. of 1873, (hereinafter called " The Municipality') of the one part and Edward Davis Mathews, Civil Engineer and Contractor for Public Works of 10 Union Court Cham. bers, Union Court, Old Broad Street in the City of London (hereinafter called “The Grantee”) of the other part. Whereas the Municipality have agreed to grant to the Grantee the right to construct, maintain and use a tramway or tramways, in Karachi upon the terms and conditions hereinafter contained and on the part of the said Municipality to be performed the Grantee for himself, bis heirs, executors, administrators and assigns, hereby covenants with the Municipality so far as the corenants and agree. ments hereinafter contained are to be performed by the Grantee and his heirs, execu. tors, administrators and assigns, and the Municipality for and in consideration of the covenants and agreements hereinafter contained and on the part of the Grantee and his heirs, executors, administrators and assigns to be performed hereby covenant with the Grantee and his heirs, executors, administrators and assigns, so far as the covenants and agreements hereinafter contained are to be performed by the Municipality in manner following, that is to say :
1. The Municipality grant to the Grantee and his heirs, executors, administrators and assigns (all which persons are hereinafter included in the words “ The Grantee") the right to construct, maintain and use a tramway or tramways with single or double lines and with all necessary sidings, turnouts, connections and lines of whatever nature may be required to connect the said tramway or tramways with the Depôts of the Grantee on the following routes and between such other places and by such other routes as may be hereafter approved of by the Municipality, riz. : from a point opposite the Carriage Stand on the Old Post Office Square, Sadar Bázár, along Preedy Road, Government Garden Road and Bandar Road to Keamari; and from a point opposite the City Station of the Sind, Punjaub and Delhi Railway to the Native Jetty, crossing the Keamari line at a point near the junction of the McLeod and Bandar Roads.
These lines are more particularly delineated on a plan annexed hereto and thereon shewn by red lines.
2. The Grantee shall moreover (subject to clause 3) have the exclusive right of laying and constructing, maintaining and using a tramway or tramways within the limits of the Municipality on the terms contained in these presents, provided always that if the Grantee shall at any time or times refuse or neglect for six months to accept any proposal by the Municipality for the construction, maintenance and use of any tramway or tramways other than tbose mentioned in Clause 1, which the Municipality may consider necessary or desirable it shall be lawful for the Municipality to employ any other person or company for the purposes aforesaid or any of them and to make such arrangements as they may think proper independently of the Grantee, and that in all such cases as aforesaid that these additional lines which the Grantee does not take shall have running powers over the Grantee's lines, provided always that in the exercise of these privileges they shall not interfere with or obstruct the traffic of the Grantee and shall conform to such rules for the regulation of that traffic as may be drawn up by the Grantee and approved by the Municipality.
Provided also that it shall not be lawful for the said other parties to both take up and set down the same passenger on the Grantee's line.
3. The Grantee shall construct all the lines mentioned in Clause 1 in such a manner as to be available for use within two and a half years from the passing of the necessary Act by the Legislature failing which it shall be lawful for the Municipality to withdraw and cancel the concessions and rights granted by these presents to the Grantee as regards the lines remaining unconstructed. Provided always that the Grantee shall not be compelled to construct a greater length of line than five and one-half miles within the said term of two and a half years.
4. Any tramway or tramways to be constructed under this agreement shall be constructed on a gauge of four feet and the rails shall be laid and maintained in such manner that the uppermost surface of the rails shall be on a level with the surface of the road, and before the work of construction is begun drawings and a specification shall be submitted to the Engineer and Secretary to the Municipality and be approved by him and the Cars and Carriages intended to run on the said tramways shall be such as shall have been approved by the Engineer and Secretary to the Municipality.
5. If the Manicipality shall hereafter alter the level of any street or road along or across which any tramway by this agreement authorized shall be laid the Grantee shall alter the rails so that the uppermost surface thereof shall be on a level with the surface of the road, so altered. Provided always that any such alteration as aforesaid shall be so made as to interfere as little as possible with the safe and convenient working of the said tramways and in any case so as not to stop or prevent the free use and working thereof.
6. The Cars and Carriages of the Grantee on the tracks of the said Tramways shall be worked with such power, animal or mechanical, as the Grantee may think suitable. Provided that the Municipalty shall have power at all times to make such regulations as to the rate of speed, number of passengers and mode of use of the said power and tracks as the convenience and safety of the public using the streets may require.
7. The rails, materials, implements and erections placed and erected by the Grantee on the streets and roads under the powers hereby granted shall be and remain the property of the Grantee but he shall not remove or displace the same or any of them or any part or parts thereof (except for the purpose of renewing or repairing the same) without the consent in writing of the Municipality.