APMT Act 7Chapter 0 · Preliminary

Section 7 · Contents of order or agreement

(1)

An order made under Section 4 or an agreement entered under Section 5, may provide, for all or any of the following matters, namely:-

(a)

the period before the expiration of which the tramway system shall commence operations, and the conditions subject to which the local authority or person may within that period commence commercial operations and opened for public traffic;

(b)

the conditions subject to which the tramway operator may burrow tunnels for the purposes of the tramway system, under any public or private property.

(c)

the conditions subject to which roads may be opened and broken up for the purposes of the construction or maintenance of the tramway system or any part thereof, an the method of, and materials to be used in the reinstating of the roads and the approval of the method and materials by the State Government or the authority designated by the State Government before the commencement of the work;

(d)

the conditions on which any part of the tramway system may be constructed over a bridge or across a railway or a tramway carriageway, when the carriage-way over the bridge is to form part of the tramway system or when any part of the tramway system is to cross a railway or another tramway carriage-way on any level;

(e)

the space which shall ordinarily intervene between the outside of the carriage-way on either side of a road whereon the tramway system is to be constructed, and-

(i)in the case of a tramway system having one rail or guide way or dedicated right-of-way, the rail or guide way or dedicated right-of-way of the tramway, or

(ii)in the case of a tramway system having two or more rails or guide ways or dedicated right-of-way the nearest rail or guide way or dedicated right-of-way of the tramway and the conditions on which a smaller space may be permitted.

(f)

the guage of the rails or guide ways or dedicated right-of-way to be used, and the mode in which and the level at which, they shall be laid and maintained; and the adoption and application by the tramway operator of such improvements in the rails or guide ways or dedicated right-of-way and in their situation, and in the substructure upon which they rest, as the state government may from time to time require;

(g)

the portion of the road or roads traversed by the tramway system to be kept in repair by the tramway operator; the maintenance by the tramway operator to the satisfaction of the State Government of that portion of the road or roads; and the liability of the tramway operator, on the requisition of the State Government, from time to time to adopt and apply such improvements in the tramway as the State Government may consider necessary or desirable for the safety or convenience of the public, and to alter the position or level of the tramway to suit future alteration in the road or roads;

(h)

the application of material excavated by the tramway operator in the construction or maintenance of the tramway system;

(i)

the provision of such crossings, passing places, sidings, junctions and other works, in addition to those specified in or authorised by the order or agreement, as may from time to time be necessary or convenient to the efficient working of the tramway;

(j)

the powers which may from time to time be exercised by the State Government, the local authority, or any other authority in respect of sewers, drains, telegraph-lines, gas-pipes, water-pipes or other things in or on land occupied by the tramway system, the notice (if any) to be given of the intended exercise of those powers, the manner in which the powers shall be exercised, and the extent to which the tramway system and the traffic thereon may be interfered with in the exercise thereof.

(k)

the conditions subject to which the tramway operator may from time to time interfere with, or alter or require the alteration of the position of drains (not being sewers or main drains), telegraph lines, gas-pipes, water-pipes or other things as aforesaid;

(l)

the provision of a temporary tramway system or part thereof in place of a part of a tramway system which has been removed, or the use of which has been discontinued by reason of the execution of any work affecting a road along which a part of the tramway system was laid, or by reason of the use of the road being interrupted by floods or other cause;

(m)

the motive power to be used on the tramway system and the conditions on which any mechanical power or electrical power may be used;

(n)

the nature, dimensions, fittings, appliances and apparatus of the carriage to be used on the tramway system and the inspection and examination thereof by officers of the State Government or the concerned regulatory or other authority, and the liability of the tramway operator, on the requisition of the State Government, from time to time, to adopt and apply such improvements in the carriages, and in the fittings, appliances and apparatus, as the State Government may consider necessary or desirable for the safety or convenience of the public or the tramway system;

(o)

the traffic which may be carried on the tramway system, the traffic which the tramway operator shall be bound to carry, the traffic which the tramway operator may refuse to carry, the fares leviable by the tramway operator, and the periodical revision thereof by the State Government and the regulation of the traffic and of the levy of the fares;

(p)

the use of the tramway system free of any payment by the local authority, with its own carriages, for specified purposes, during specified hours, with power to the local authority to make such sidings and other works as may be necessary for communication between its premises and the tramway system;

(q)

the conditions subject to which tramway operator may be permitted to encumber or create any security interest in the tramway undertaking or any part thereof, by sub-lease, sub-licence or otherwise including substitution of the tramway operator under the order or the agreement, as the case may be, and the conditions subject to which any Government authority or any other person including any local authority or any other authority may be the transferee;

(r)

the performance by the State Government or by the local authority or any other authority o any work required by the Act or the order or the agreement to be done by the tramway operator; and

(s)

the penalty to be incurred by the tramway operator for failure to observe any condition or direction contained in the order or the agreement, as the case may be, and the application of the penalty when recovered.

(2)

The State Government may, in providing in the order for the acquisition of land for the purpose of a tramway system, direct that land may be acquired for the tramway system under the provisions of the Land Acquisition Act, 1894 or under any other law for the time being in force.

(3)

Nothing contained in this Act shall be construed as-

(a)

authorising the disregard by the tramway operator of any law for the time being in force; or

(b)

authorising any person to institute any proceedings in respect of duty or liability to which the tramway operator or its officers or other employees would not otherwise be subject.

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