Chapter III Chapter III

Construction, Operation and Maintenance of Tramways

A tramway shall be developed, constructed, managed, operated and maintained in the manner provided by the order, or as set forth in the agreement, as the case may be.

1. (1) Subject to the terms and conditions of the order, or the provisions of the agreement, as the case may be, and the provisions of this Act and of all other laws and rules for the time being in force, the tramway operator may for the purpose of development, construction, management, operation and maintenance of the tramway system,-
   • (a) make or construct in, upon, across, under or over any land or other premises, streets, roads, rails or any rivers, canals, brooks, streams or other waters, or any drains, water-pipes, gas-pipes, electric lines or telegraph lines, or optical fibre cables, such temporary or permanent planes, arches, tunnels, culverts, embankments, aqueducts, bridges, ways or passages,
   • (b) alter the course of any river, canal, brook, stream or water course for the purpose of constructing tunnels, passages or other works over or under them and divert or alter temporarily as well as permanently, any drain, water pipe, gas pipe, electric line or telegraph line or optical fibre cables and raise or sink the level thereof, in order to carry them more conveniently;
   • (c) make drains or conduits into, though or under any lands adjoining the tramway system for the purpose of conveying water, sewage and/or ventilation from or to the tramway system, and regulate drilling of tube wells or sinking of wells, public or private, in the proximate vicinity of the tramway system;
   • (d) erect, construct and maintain roads, structures for motor transport meant for accommodation of the traffic passing through or along the tramway system alignment, or for the provision of integrated transit or convenient transfer at or near tramway stations;
   • (e) erect, construct and maintain tramway station buildings, operation control centers, and other structures;
   • (f) erect, maintain and repair any signalling and other communication facilities, telegraph or optical fibre cable and electric supply line, any electric traction equipment, power supply and distribution installation, electric substations, and other works in connection with the working of the tramway system and obtain any licenses required for the same;
   • (g) construct and maintain works for convenience of the owners and occupiers of lands and buildings adjoining the tramway system such as crossing, bridges, over-bridges, under-bridges, culverts, tunnels, roads, drains, water sources or other passages over, under or by the side of, or leading to a tramway station; and
   • (h) do all other acts necessary or expedient for making, maintaining, altering or repairing and using the tramway system or for the purpose of carrying out its functions under the Act.
2. (2) Without prejudice to the powers under sub-section (1), the powers of the tramway operator for the purpose of performing its obligations and discharge of its functions under the Act and the order or the agreement, as the case may be, shall include the power to-
   • (a) acquire, hold and dispose of all kinds of properties, movable and immovable;
   • (b) improve, develop or alter any tramway system premises or and of the properties;
   • (c) authorize any tramway official, to enter temporarily in or upon the lands adjoining the tramway system alignment in order to remove obstructions, or prevent imminent danger from or which may obstruct the movement of the tramways, or passengers, or the view of the signal provided for movement of rolling stock;
   • (d) enter into, assign and rescind any contract or obligation in accordance with the provision of this Act, the order or the agreement, as the case may be;
   • (e) apply for and obtain license from the state and such other government as may be required to establish and maintain communication lines;
   • (f) open or divert or temporarily close, as the case may be, any street, road, cable, trench, water supply line, drain (including a sewer), channel, ditch, culvert or any other device (whether for carrying of sullage, sewage, offensive matter, polluted water, trade affluent, rain water, sub-soil water or any other object), electric or gas supply line or telecommunication line, or telegraph installation, over, across, or under any tramway system premises; and
   • (g) exercise such other powers and discharge such other functions as may be granted by the state government under the order or the agreement, as the case may be.
3. (3) The exercise of the powers conferred by sub-sections (1) or (2) above by the tramway operator shall be subject to obtaining of all necessary approvals, license, authorization and permissions in accordance with all applicable laws for the time being in force and under any rules or regulations prescribed by the state government or the central government.

1. (1) If the tramway operator is of opinion that it is necessary or expedient to do so for facilitating the construction of tramway system or for ensuring the safety of tramway system or any building or construction along the tramway system alignment, it may, after following the procedure under sub-section (2), underpin or otherwise, strengthen any building within a radius not exceeding fifty meters from the tramway system alignment.
2. (2) The tramway operator shall give to the owner or occupier of such building at least ten days notice in writing before undertaking the work of underpinning or otherwise strengthening the building: Provided that where the tramway operator is satisfied that an emergency exists, no such notice shall be necessary.
3. (3) Where the underpinning or strengthening was executed in connection with,-
   • (a) the carrying out of the works upon the land where any building is situated; or
   • (b) the construction or operation of tramway system, the tramway operator may at any time, after underpinning or strengthening of such building is completed and before the expiration of a period of twelve months therefrom, -
     • (i) in a case referred to in Clause (a) above, from the date of completion of such works; and
     • (ii) in a case referred to in Clause (b) above, from the date on which traffic was opened in the tramway system; enter upon and survey such building and do such further underpinning or strengthening thereon, as it may deem necessary: Provided that nothing shall prevent the tramway operator from undertaking the work of underpinning or strengthening of a building any number of times, provided it does so in compliance with sub-sections (1) and (2).

The tramway operator or any person authorized by it may, with a view to making survey or ascertaining the nature or condition of any land or building for the purpose of construction of tramway system or any other work connected therewith, at any reasonable hour during the day and after giving reasonable notice to the owner or occupier enter upon or enter into such land or building, in, along, over or near the tramway system alignment to,-

1. (a) inspect the same;
2. (b) take measurements, make drawings and take photographs thereof and such other suitable measures as may be necessary to explore and check up, by digging trial pits or otherwise, the foundation of any building in the vicinity of the tramway system alignment;
3. (c) take such other measures as the tramway operator deems it necessary and proper.

1. (1) Where the tramway operator exercises any power conferred on it by or under this Act or otherwise by the State Government for the development, construction, management, operation and maintenance of a tramway system, and in consequence thereof, any damage, loss or injury is sustained by any person interested in any land, building, street, road or passage, the tramway operator shall be liable to pay to the person for such damage, loss or injury such amount as may be determined by the State Government or any other competent authority appointed or authorized in this behalf by notification by the State Government.
2. (2) The State Government shall prescribe the manner and the considerations upon which the State Government or such other competent authority appointed or authorised by the State Government, and shall, determine the amount under sub-section (1), as also the procedure and the manner of deposit and payment of the amount payable.

No claim in respect of any damage, loss or injury alleged to have been caused as a consequence of construction of a tramway system pursuant to an order or agreement, as the case may be, under this Act, shall lie against the tramway operator unless such claim is made within a period of six months from the date on which date, the alleged damage was caused.

No person shall remove any mark placed or fill up any trench cut for the purpose of marking levels, boundaries or lines in relation to the development of a tramway system.

A tramway system, or portion or extension of, or addition to a tramway system, shall not be opened for public traffic until it has been inspected and certified to be fit for such traffic by the Safety Commissioner appointed by the State Government under section 30.

1. (1) The Safety Commissioner shall, before giving the certificate of fitness for the opening of the tramway system under Section 23, issue a report containing, inter alia, the following,-
   • (a) he has made, or caused to be made, a careful inspection of the tramway system and the rolling stock that may be used thereon;
   • (b) the track structure, rolling stock, bridges, viaducts, tunnels, signalling and telecommunication system, traction system, ventilation and air condition systems complying with the standards and safety parameters prescribed under section 33; and
   • (c) in his opinion, the tramway system can be opened for public carriage of passengers without any danger to the public using it.
2. (2) If the report referred to in sub-section (1) above recommends that the tramway system can be opened for public carriage of passengers without any danger to the public using it, the Safety commissioner shall issue to the tramway operator forthwith the certificate of fitness and forward copy of the same along with a copy of the report to the State Government for its information.
3. (3) If the Safety Commissioner reports that the tramway system cannot be opened without any danger to the public using it, he shall state the grounds therefor and the Safety Commissioner shall submit the same to the State Government for its consideration with copy to the tramway operator. The State Government shall upon receipt of such report, by an order determine the conditions, if any, on the fulfilment of which the tramway system can be opened for public carriage of passengers by it. Upon fulfilment of the conditions prescribed by such order, the Safety Commissioner shall undertake an inspection to determine the satisfaction or otherwise of the conditions prescribed by the State Government by the order made under this sub-section and issue a report. If it is reported that the conditions prescribed by the order of the State Government pursuant to this subsection have been fulfilled, the Safety Commissioner shall issue to the tramway operator its certificate of fitness and forward a copy of the same along with a copy of its report to the State Government. If, however, the Safety Commissioner is of the opinion that the conditions prescribed by the State Government by its order under this subsection have not been fulfilled, the report shall state the grounds therefor and the Safety Commissioner shall submit the same to the State Government for its consideration with copy to the tramway operator and the procedure set forth in this sub-section shall apply on submission of such reports by the Safety Commissioner till issue of certificate of fitness or termination of rights of the tramway operator under the order or the agreement, as the case may be.
4. (4) In the event that an independent safety consultant or independent engineer is appointed pursuant to an agreement entered under Section 5, the Safety Commissioner while making his report under sub-section (1) above, may rely on a report of such independent safety consultant or independent engineer: Provided that where the Safety Commissioner is of the opinion that the report under sub-section (1) above cannot be made despite a report from such independent safety consultant or independent engineer appointed pursuant to a concession, he may make a report to the contrary, giving detailed reasons for making a contrary report.

The provisions of section 24 shall apply to the opening of the following works if they form part of, or are directly connected with, the tramway system used for the public carriage of passengers and have been constructed subsequent to the giving of report by the Safety Commissioner under sub-section (1) of section 24, namely:-

1. (i) opening of additional lines of tramway system,
2. (ii) opening of stations and junctions;
3. (iii) re-modelling of yards, re-building of bridges, viaducts and tunnels; and
4. (iv) any alternation or reconstruction materially affecting the structural character of any work.

The tramway operator may use such rolling stock as it may consider necessary for operation and working of the tramway system. Where the tramway system is being operated under an agreement entered into pursuant to section 5, such tramway operator may, subject to the terms of the agreement, use such rolling stock as it may consider necessary for operation and working of the tramway system: Provided that before using any rolling stock of a design or type different from that already running on any section of the tramway system, the previous sanction of the Safety Commissioner shall be obtained for such use.

1. (1) No person shall carry or require to be carried on a tramway system, developed, constructed managed, operated and maintained under this Act, any goods of dangerous or offensive nature as prescribed by the Safety Commissioner of tramway system. (2) No person shall, while travelling in the tramway, carry with him any luggage or articles which are prohibited by the Safety Commissioner of tramway system. However, he may carry on the tramway only such luggage or articles which are permissible for carriage by the regulations, provided, that such luggage or articles shall not exceed in volume and weight as prescribed by the Safety Commissioner of tramway system. (3) Where any person travels on the tramway system in contravention of the provisions of sub-section (1), he shall, notwithstanding that he holds a valid pass or ticket for any travel in such Tramway be liable to be removed from such tramway by any tramway official authorized in this behalf.

The tramway operator, or the entity developing the tramway system may, subject to the terms and conditions of the order or the agreement, use the tramway system including carriages and the tramway system premises for displaying commercial advertisements and for that purpose may erect or construct or fix any hoardings, billboards, show cases, and such other things for the display of posters or other publicity materials.

Any person, entering upon or into any tramway station or other tramway system premises without lawful authority, and on being asked to leave the same by any tramway official, does not leave therefrom, then he may be removed from the tramway system by such tramway official or by any other person or persons authorized in this behalf by he tramway operator or by the police.