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across which he lays a tramway, nor shall anything contained in this Act, or in an order or any rule made under this Act, exempt the promoter of a tramway, or any other person using the tramway, from the payment of such charges as may lawfully be levied in respect of the use of a road or bridge along or across which the tramway is laid.
(2) The Local Government may, if it thinks fit, fix rates at which a promoter, lessee or licensee may compound for the charges payable in respect of the use of a road or bridge. 40. (1) Nothing in this Act, or in an order or any rule made under
this Act, shall take away or abridge any Saving of power over roads traversed by tramways.
power which a road-authority, local authority
or other person has by law to break up, widen, alter, divert or improve a road, railroad or tramway along or across which a tramway is laid.
(2) The road-authority, local authority or other person executing any work referred to in sub-section (1) shall not be liable to pay to a promoter, lessee or licensee any compensation for injury done to a tramway by the execution of the work or for loss of traffic occasioned by the reasonable use of any power lawfully exercised for the execution thereof. 41. Nothing in this Act, or in an order or any rule made under this
Act, shall affect the powers of a local authority Saving of power of local au
or of a Magistrate or police-officer to regulate thority and police to regulate traffic on roads.
the passage of traffic along or across a road
along or across which a tramway is laid; and the authority, Magistrate or officer aforesaid may exercise its or his powers as well on as off the tramway and with respect as well to the traffic of a promoter, lessee or licensee as to the traffic of other persons.
Supplemental Provisions. 42. A promoter, lessee or licensee shall be answerable for all injuries
happening through his act or default, or Promoters, lessees and licen
through the act or default of any person in sees to be responsible for all injuries.
his employment, by reason or in consequence
of any of his carriages or works, and shall save harmless all authorities and persons collectively and individually, and their officers and servants, from all damages and costs in respect of injuries so happening. 43. For the purposes of this Act want of funds shall not be deemed
to be a sufficient reason for the suspension Want of funds not a sufficient reason for default.
of the construction, or the discontinuance of the working, of a tramway by a promoter or
44. When a tramway is constructed under this Act within the limits
of a municipality, the Local Government way Power to exempt from muni
exempt the animals, plant, rolling-stock, yards, cipal taxation.
workshops, engine-sheds and depôts of the promoter, lessee or licensee, for such period as it thinks fit, from all or any municipal taxes leviable within those limits. 45. (1) The fund to or with the control or management of which the
local authority of a municipality, cantonment Application by local authorities
or district is entitled or entrusted shall, notof local funds to tramways.
withstanding anything in any enactment respecting the purposes to which that fund may be applied, be applicable, subject to the control of the Local Government, to the payment of expenses incidental to the exercise of the powers and functions which may be vested in or exercised by a local authority under this Act.
(2) The fund shall also be applicable, with the previous sanction of the Local Government, to a guarantee of the payment of interest on money to be applied, with the concurrence in writing of the local authority, within the limits of the local area under its control, to any of the purposes to which the fund might be applied by the local authority under sub-section (1).
46. The Local Government may, with the consent of the local
authority and road-authority and of the Extension of Act to existing promoter and his lessee (if any), extend any tramways.
part of this Act, or any rules made under this Act, either with or without modification, to the whole or any part of a tramway constructed, or authorised by the Local Government to be constructed, before the passing of this Act, and may withdraw any part of the Act or any rules so extended.
47. (1) A tramway of which the construction has not been authorised
by the Local Government before the passing Prohibition of construction of
of this Act shall not, after the passing of this tramways except under this Act.
Act, be constructed for public traffic in any place to which this Act extends, except in pursuance of an order made under this Act.
(2) A person constructing a tramway in contravention of sub-section (1) of this section,
or after the passing of this Act maintaining or using for public traffic, otherwise than in pursuance of an order made under this Act, a tramway which was not constructed, or authorised by the Local Government to be constructed, before the passing of this Act,
shall be liable, on the complaint of the Local Government or local authority, to double the penalty to which a promoter acting otherwise than in accordance with an order is liable under section 27.
48. If at any time a local area comprising a tramway to which this
Act or any part thereof or any rule thereunder Transfer of control on exclusion of local area from circle of applies ceases to be included in the circle of a local authority.
local authority, the functions of that authority
under this Act or the part thereof or the rule thereunder, and under the order (if any), shall, in respect of that local area, devolve on the Local Government or, if that Government so directs, on the local authority of the circle in which the tramway has been included.
(1) In section 54 of the Indian Railway Act, 1879, the word Explanation and amendment “ tramway" shall have the meaning assigned of section 54 of Railway Act. to it by section 3 of this Act.
(2) In the same section of that Act, after the words “ by steam the words " or other mechanical power” shall be added.
50. All powers conferred by this Act on Powers of Local Government
a Local Government may be exercised from exerciseable from time to time.
time to time as occasion requires.
Act No. XII. of 1886.
RECEIVED THE ASSENT OF THE GOVERNOR GENERAL ON THE
12TH MARCH, 1886.
Petroleum generally. Sections. 8. Power for Local Government to make
rules as to importation and refining
of petroleum. 9. Procedure after petroleum has been
discharged or landed. 10. Possession and transport of petroleum. 11. Power to make rules as to possession
and transport. 12. Power to inspect and require dealer
to sell samples. 13. Notice to be given when officer pro
poses to test samples. 14. Certificate as to result of testing,
exceeding forty gallons.
not exceeding forty gallons.
leum to be labelled.
Penalties. Soctions. 16. Penalty for illegal importation, pos
session or transport of petroleum. 16. Penalty for keeping, transporting,
selling or exposing for sale petro
leum in contravention of section 7. 17. Penalty for refusing to comply with
section 12. 18. Confiscation of petroleum. 19. Jurisdiction.
petroleum from operation of this
Test-apparatus. 20. Model test-apparatus. 21. Verification of test-apparatus.
24. Power to limit operation of enact
ments relating to municipalities.
An Act to regulate the importation, possession and transport of Petroleum
and other fluids of a like nature. Whereas it is expedient to regulate the importation, possession and transport of petroleum and other fluids of a like nature ;' It is hereby enacted as follows:
Preliminary. Short title, commencement and
1. (1) This Act may be called the Petrolocal extent.
leum Act, 1886; and (2) It shall come into force on such day as the Governor General in Council, by notification in the Gazette of India, appoints. Sulino 1.6.4
and he purisions (3) The provisions of this Act relating to dangerous petroleum, and the importation of petroleum, extend to the whole of British India. The rest of this Act extends only to such local areas as the Local Government may,
from time to time, by notification in the official Gazette, direct.
(4) Any power conferred by this Act to make rules or issue orders may be exercised at any time after the passing of this Act; but a rule or order 80 made or issued shall not take effect until the Act comes into force.
XII 19102421 rochit, pol
2. (1) On and from the day on which Repeal.
this Act comes into force, the Petroleum Act,
1881, shall be repealed :
3. In this Act, unless there is something
(1) “petroleum” includes also, the liquids commonly known by the names of rock oil, Rangoon oil, Burma oil, kerosiŋe, paraffine oil, mineral oil, petroline, gasoline, benzol, benzoline, benzine; and any inflammable liquid
which is made from petroleum, coal, schist, shale, peat or any other bituminV1/985.2. ous substance, or from any przducts sofa petroleum, but it
hypit Aves not include any oil ordinarily used for lubricating purposes and having its flashing point at or above two hundred degrees of Fahrenheit's thermometer:
(2) “dangerous petroleum” means petroleum having its flashing point below seventy-six degrees of Fahrenheit's thermometer: Provided that, when all or any of the petroleum on board a ship, or in the possession of a dealer, is declared by the master of the ship or the consignee of the cargo, or by the dealer, as the case may be, to be of one uniform quality, the petroleum shall not be deemed to be dangerous if the samples selected from the petroleum bave their flashing points, on an average, at or above seventythree degrees of Fahrenheit's thermometer, and if no one of those samples has its flashing point below seventy degrees of that thermometer :
(3) “import” means to bring into British India by sea or land,
(4) "transport means to remove from one place to another within British India : and
(5) "ship” includes anything made for the conveyance by water of human beings or property. 4. (1) The flashing point of petroleum means the lowest temperature
at which the petroleum yields a vapour which Matters supplemental to the
will furnish a momentary flash or flame when definitions."
tested in accordance with the directions in the schedule to this Act with an apparatus which has been stamped and certified as provided by this Act within a period of five years immediately preceding the date on which the apparatus is used for the testing, and after the corrections (if any) which the certificate declares are to be applied to the results of the testing have been made.
(2) Notwithstanding anything in the definitions of "import, "importation " and "transport,” the Local Government, with the previous sanction of the Governor General in Council, may from time to time, by notification in the official Gazette, declare
(a) that petroleum imported into its territories from any part of
British India, by sea or across intervening territory not being part of British India, shall, for all or any of the purposes
of this Act, be deemed to be transported; and (b) that petroleum trausported into its territories from any place in
British India shall, for all or any of those purposes, be
deemed to be imported;