24. Power to make rules.—(1) In addition to any other power to make rules expressly or by
implication conferred by this Act, the 1
[Government] may make rules consistent with this Act—
(a) as to the form in which an application for an order shall be made;
(b) as to the costs to be paid by an applicant in respect of an order, and the time when, and the place
where, those costs shall be paid;
(c) as to the payment of money or lodgment of securities, by way of deposit, by the applicant for an
order before the order is published under section 6, sub-section (4), or a further order is made under
section 8; the investment of money so paid; the disposal of interest or dividends from time to time
1. Subs. by the A.O. 1937, for “L. G.”.
14
accruing due on money or securities so paid, lodged or invested; the application of the money or
securities or the produce thereof to the discharge of any liability incurred by the promoter; and the
forfeiture, repayment or return of the money or securities;
(d) as to the plans and sections of any works to be deposited by applicants for orders or by
promoters;
(e) for regulating the use of steam-power or any other mechanical power 1
[or electrical power] on a
tramway;
(f) as to any matter specified in section 7, sub-section (2), clauses (c), (d), (e), (j) and (k), as a
matter which may be provided for in an order, when that matter has not been so provided for, or has
not, in the opinion of the 2
[Government], been effectually so provided for;
(g) as to the periodical submission, by promoters, lessees and licensees, of accounts of traffic and
receipts to the 1
[Government] or as that Government directs, and as to the forms in which those
accounts are to be submitted;
(h) as to the accidents of which report is to be made to the 1
[Government] or as that Government
directs;
(i) as to any matter respecting which rules may be made under this section by a local authority or a
promoter or lessee; and
(j) generally, as to any other matter or thing in respect of which it may seem to the 1
[Government]
to be expedient to make rules for carrying out the purposes of this Act.
(2) A local authority may, from time to time, with the previous sanction of the 1
[Government],
make rules consistent with this Act and with the order and any rules made by the 1
[Government]
under this Act, for regulating—
(a) the rate of speed to be observed in travelling upon a tramway within the circle of the local
authority;
(b) the use of animal power on the tramway;
(c) the distances at which carriages using the tramway are to be allowed to follow one after the
other;
(d) the stopping of carriages using the tramway, and the notice to be given to the public of their
approach;
(e) the manner in which carriages using the tramway after sunset and before sunrise are to be
lighted;
(f) the traffic on roads along or across which the tramway is laid;
(g) the number of passengers which may be carried in any carriage;
(h) the licensing and control of drivers, conductors and other persons having charge of the carriages
of the promoter or lessee or a licensee; and
(i) generally, the mode of use of the tramway.
3* * * * *
1. Ins. by Act 5 of 1911, s. 6.
2. Subs. by the A.O. 1937, for “L. G.”.
3. Proviso omitted by the A. O. 1950.
15
(3) The promoter or lessee of a tramway may, from time to time, with the previous sanction of the
1
[Government], make rules2
consistent with this Act and with the order and any rules made under this
Act—
(a) for preventing the commission of any nuisance in or upon any carriage, or in or against any
premises, belonging to him; and
(b) for regulating the travelling in any carriage belonging to him.
(4) The 1
[Government] may cancel any rule made by a local authority or by a promoter or lessee under
this section.
25. Power to impose penalty by rule.— The authority making any rule under section 24 may direct
that a breach of it shall be punishable with fine which may extend—
(a) if the authority making the rule is the 1
[Government], to two hundred rupees, and
(b) if that authority is a local authority or a promoter or lessee, to twenty rupees; and when the
breach is a continuing breach, with a further fine which may extend—
(c) if the authority making the rule is the 1
[Government], to fifty rupees, and
(d) if that authority is a local authority of a promoter or lessee, to five rupees, for every day after
the first during which the breach continues.
26. Procedure for making, and publication of, rules.—(1) Every authority having power to make
rules under any section of this Act shall, before making the rules, publish a draft of the proposed rules for
the information of persons likely to be affected thereby.
(2) The publication shall be made, in the case of rules made by the 1
[Government], in such manner as
may in its opinion be sufficient for giving information to persons interested, and, in the case of rules made
by a local authority or by a promoter or lessee, in manner prescribed.
(3) There shall be published with the draft a notice specifying a date, not earlier than the expiration of
one month after the date of publication, at or after which the draft will be taken into consideration.
(4) The authority shall receive and consider any objection or suggestion which may be made by any
person with respect to the draft before the date so specified.
(5) The publication in the Official Gazette of a rule purporting to be made under this Act shall be
conclusive proof that it has been duly made