The Cochin Forest Steam Tramway Act, 1907 Complete Act - Bare Act

Whereas it is expedient to make better provision for the protection and management of the Forest Steam Tramway in the Cochin State, it is hereby enacted as follows: -

This Act, may be called "The Cochin Forest Steam Tramway Act".

It shall come into force on the 1st day of Chingom 1083.

In this Act, unless there is something repugnant in the subject or context,-

(1) "Tramway'' means the forest tramway already constructed or hereafter to be constructed or any portion of it and includes-

(a) all lands within the fences or other boundary marks indicating the limits of the land, appurtenant to the tramway;

(b) all lines of rails, sidings, feeders or branches constructed for the purposes of, or in connection with tramway; and

(c) all bridges, temporary or permanent, stations, offices, workshops, manufactures, fixed plant and machinery and other works constructed for the purposes of, or in connection with, the tramway.

(2) "Tramway Officer" means any person employed by the State in connection with the service of the tramway.

(3) "Forest Engineer" means the officer placed in charge of the engineering, loco or traffic branches of the tramway and includes an acting or officiating Forest Engineer.

(4) "Rolling Stock" includes locomotive engines tenders, carriages, trailers, breakevans, Wagons, trucks and trollies of all kinds.

(5) The words "Diwan", "Conservator", "Magistrate" and "Forest Officer" have the same meanings as in the Forest Act III of 1080.

The Conservator or the Forest Engineer may in case of any slip or other accident happening or being apprehended to any cutting, enbankment or other work, enter upon any lands adjoining the tramway for the purpose of repairing or preventing the accident, and do all such works as may be necessary for the purpose.

The Conservator or the Forest Engineer shall cause as little damage as possible to property in the exercise of the powers conferred by the foregoing section, and where any damage results by the exercise of such powers, the Conservator shall pay reasonable compensation to the owner of such property.

(1) In either of the following cases, viz:-

(a) Where there is danger that a tree standing near the tramway may fall on the tramway so as to obstruct traffic.

(b) When a tree obstructs the view of any fixed signal the Forest Engineer or Conservator may cause a tree to be felled, to deal with it in such other manner as will, in the opinion of the Forest Engineer or Conservator, avert the danger or remove the obstruction, as the case may be.

(2) In case in which the Forest Engineer exercises the powers conferred by sub-section (1), he shall, within two days of felling a tree or dealing with it otherwise, report the matter to the Conservator.

(3) The Conservator shall: on application of the persons interested in the tree, award to those persons such compensation as he thinks reasonable.

The Diwan may make rules consistent with this Act for the following purposes, viz:-

(a) for regulating the mode in which, and the speed at which, rolling stock used on the tramway is to be moved or propelled;

(b) for regulating the conduct of the tramway officers.

Any person who acts in contravention of any rule or order made by the Diwan under this section shall, on conviction before a Magistrate, be punished with imprisonment for a term which may extend to one month, or with fine which may extend to fifty rupees, or with both.

If a Tramway Officer is in a state of intoxication while on duty, he shall be punished with fine which may extend to fifty rupees, or where the improper performance of the duty would be likely to endanger the safety of any person upon the tramway, with imprisonment for a term which may extend to one year or with fine, or with both.

If a Tramway Officer, when on duty, endangers the safety of any person-

(a) by disobeying any general rule made, sanctioned, published and notified under this Act, or

(b) by disobeying any rule or order which is not Inconsistent with any such general rule and which such officer was bound by the terms of his employment to obey and of which he had notice, or

(c) by any rash or negligent act or omission, he shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to five hundred rupees, or with both.

If a Tramway Officer unnecessarily-

(a) allows any rolling stock to stand across a place where the tramway crosses a public road on the level, or

(b) keeps a level crossing closed against the public, he shall be punished with fine which may extend to twenty rupees.

If a person, without authority in this behalf, pulls down or wilfully injures any board or document set up or posted by order of the Conservator or the Forest Engineer on the tramway or any rolling stock or obliterates or alters any of the letters or figures upon any such board or document, he shall be punished with fine which may extend to fifty rupees.

If a person willfully obstructs or impedes any tramway Officer in the discharge of his duty, he shall be punished with fine which may extend to one hundred rupees.

(1) If a person without authority enters upon the tramway, he shall be punished with fine which may extend to twenty rupees.

(2) If a person so entering refuses to leave the tramway on being requested to do so by any tramway Officer or a Forest Officer, he shall be punished with fine which may extends to fifty rupees, and may be removed from the tramway by such officer.

In either of the following cases, viz:-

(a) if a person knowing or having person to believe that an engine or train is approaching along the tramway, opens any gate set up on either side of the tramway across a road, or passes, or attempts to pass, or drives or takes, or attempts to drive or take any animal, vehicle or other thing across the tramway.

(b) if, in the absence of a gate keeper, a person omits to shut and fasten such a gate as aforesaid as soon as he and any animal, vehicle or other thing under his charge have passed through the gate, the person shall be punished with fine which may extend to fifty rupees.

(1) If any cattle are willfully driven or knowingly permitted to be on the tramway otherwise than for the purpose of lawfully crossing the tramway or for any other lawful purpose, the person in charge of the cattle, or the owner of the cattle shall be punished with fine which may extend to ten rupees for each head of cattle in addition to any amount which may have been recovered, or may be recoverable under the Cattle Trespass Act, III of 1071.

(2) Any fine imposed under this section may, if the Court so directs, be recovered in the manner provided by section 25 of the Cattle Trespass Act, III of 1071.

(3) Any Tramway Officer or Forest Officer may seize and impound cattle trespassing on the tramway.

(4) The word "Cattle" has the same meaning in section as in the Forest Act, III of 1080.

If a person unlawfully-

(a) puts or throws upon or across the tramway any wood, stone, or other matter or thing, or

(b) takes up, removes, loosens or displaces any rail, sleeper or other matter or thing belonging to the tramway, or

(c) turns, moves, unlocks or diverts any points or other machinery belonging to the tramway, or

(d) makes or shows, or hides or removes, any signal or light upon or near the tramway, or

(e) does, or causes to be done, or attempts to do any other act or thing in relation to the tramway, with intent or with knowledge that he is likely to endanger the safety of any person travelling or being upon the way he shall be punished with imprisonment for a term which may extend to ten years.

If a person, by any unlawful act or by any unlawful omission or neglect, endangers, or causes to be endangered the safety or any person travelling or being upon the tramway, or obstructs or causes to be obstructed or attempts to obstruct any rolling stock upon the tramway, he shall be punished with imprisonment for a term which may extend to two years.

If a person rashly or negligently does any act, or omits to do what he is legally bound to do and the act or omission is likely to endanger the safety of any person travelling or being upon the tramway, he shall be punished with imprisonment for a term which may extend to one year or with fine, or with both.

(1) If a minor under the age of twelve years is, with respect to the tramway, guilty of any of the acts or omissions mentioned or referred to in any of the foregoing sections, be shall be deemed, notwithstanding anything in section 77 or section 78 of the Cochin Penal Code to have committed an offence, and the Court convicting him may, if it thinks fit direct that the minor, if a male, shall be punished with whipping, or may require the father or guardian of the minor to execute, within such time as the Court may fix, a bond binding himself in such a penalty as the Court directs to prevent the minor from being again guilty of any of those acts or omissions.

(2) The amount of the bond, if forfeited, shall recoverable by the Courts as if it were a fine imposed by itself.

(3) If a father or guardian fails to execute a bond under sub-section (1) within the time fixed by the Court, he shall be punished with fine which may extend to fifty rupees.

Any Tramway Officer, or Forest Officer, or Police Officer may, without orders from a Magistrate and without a warrant, arrest any person reasonably suspected by such officer of having been concerned in any of the offences described in this Act, if such person refuses to give name and residence or gives a name and residences which there is reason to believe to be false, or if there be reason to believe that he will abscond.

Every officer making an arrest under this section shall, without unnecessary delay, take or send the person arrested to the nearest Police Station, and the officer in charge of such station shall thereupon act according to law.

Where a Tramway Officer or a Forest Officer becomes aware of an offence punishable under this Act, he shall report it to the Forest Engineer who may hold an inquiry or cause an inquiry to be made, and if he is satisfied that an offence has been committed, he shall move the Magistrate having jurisdiction to try the offence to take such measures as may be necessary for the trial of the accused.

Any Tramway Officer or Forest Officer or Police Officer who illegally arrests any person shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

Every Tramway Officer and Forest Officer shall prevent, and may interfere for the purpose of preventing, the commission of any offence punishable under this Act.

All Tramway officers shall be deemed to be public servants within the meaning of the Cochin Penal Code.

No suit or other legal proceedings shall lie against any public servant for anything done, or omitted, in good faith, under this Act.

Nothing in this Act shall be deemed to prevent any person from being prosecuted under any other law for any act or omission which constitutes an offence under this Act, or from being liable under such other law to any higher punishment or penalty than that provided by this Act or the rules made thereunder, provided that no person shall be punished twice for the same offence.

The Diwan may make rules consistent with this Act.

(1) to regulate the conduct and procedure of Tramway officers;

(2) for the management of the tramway; and

(3) generally to carry out the provisions of this Act.

All rules made by the Diwan under this Act shall be published in the Cochin Government Gazette, and shall thereupon have the force of law. Such rules may be cancelled or varied by like notification.