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APPENDIX C.

Working of proposed branch railway.

No agreement has yet been arranged with any existing Railway Administration under which the projected branch railway is to be worked; but, when completed, it is proposed to offer the working to the on the following terms:

(i.)

Railway Company

(ii.)

(iii.), &c..

Or

It has been provisionally arranged with the

Railway

Company to work the projected branch railway, when completed, on the follow

ing terms:

(i.)

(ii.).

(iii.), &c.

Enclosure No. II. to Government of India Resolution No. 514 R. C. of 1896.

MEMORANDUM B.

For the guidance of persons or syndicates desirous of having surveys for branch or feeder lines of railway in India carried out at their expense by the Public Works Department.

1. All applications for the survey of proposed branch or feeder railway routes in any part of British India are to be addressed to the Secretary to the Government of India, Public Works Department.

2. All such applications shall specify

(a) the company, person, or syndicate by whom the application is preferred; (b) all the termini, together with the names of all the principal towns from, through, into, or near which the survey is intended to be carried, as well as the names of each civil division and district to be traversed by the proposed alignment;

(c) the length, so far as known, of the proposed railway;

(d) the gauge and the motive power to be employed;

(e) the intentions of the applicants as to the construction and working of the railway. If it is intended that the working shall be leased to any existing Railway Administration, the nature of the contemplated agreement shall be specified.

3. Every such application shall be accompanied by a map to a scale of 1 mile to 1 inch, with the line of the proposed survey delineated thereon, so as to show its general course and direction.

4. If the detailed plans and estimates are submitted to Government, these documents are invariably to be prepared in strict accordance with the Rules for the preparation of railway projects issued under the authority of the Government of India, of which copies may be obtained on payment from the Superintendent of Government Printing, Calcutta.

5. Upon written application to the Director General of Railways permission will also be accorded to inspect at all reasonable hours the detailed plans, sections, and estimates at the disposal of Government in regard to any particular route already surveyed, provided that they relate to branch or feeder railways, the construction of which the Government is prepared to entrust to companies; and copies of such plans, sections, and estimates will be furnished on payment of the cost of copying.

6. But in regard to all such information, statistics, plans, sections, or estimates, which may be furnished, it is to be recognised that the information thus offered to any person interested in the matter is simply the best information of the kind at the disposal of Government, and that Government cannot accept any responsibility whatever in regard to the accuracy of any of the documents.

APPENDIX VIII.

LIGHT RAILWAYS ACT, 1896.
[59 & 60 VICT. CH. 48.]

ARRANGEMENT OF SECTIONS.

Section.

1. Establishment of Light Railway Commission.

2. Application for orders authorising light railways.

3. Powers of local authorities under order.

4. Loans by Treasury.

5. Special advances by Treasury.

6. Limitation on amount of advance and provision of money by National Debt Commissioners.

7. Consideration of application by Light Railway Commissioners.

8. Submission of order to Board of Trade for confirmation.

9. Consideration of order by Board of Trade.

10. Confirmation of order by Board of Trade.

11. Provisions which may be made by the Order.

12. Application of general Railway Acts.

13. Mode of settling purchase money and compensation for taking of land. 14. Payment of purchase money or compensation.

15. Provisions as to Board of Trade.

16. Expenses of local authorities.

17. Joint committees.

18. Working of ordinary railway as light railway.

19. Power of owners to grant land or advance money for a light railway.

20. Power to grant Crown lands.

21. Provision as to Commons,

22. Preservation of scenery and objects of historical interest.

23. Junctions with existing railways.

24. Amendment of order.

25. Provision as to telegraphs.

26. Application to Scotland.

27. Extent of Act.

28. Definitions.

29. Short title.

SCHEDULES.

CHAPTER XLVIII.

An Act to facilitate the Construction of Light Railways in Great Britain.

[14th August 1896.] BE it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

1. Establishment of Light Railway Commission.-(1) For the purpose of facilitating the construction and working of light railways in Great Britain, there shall be established a Commission, consisting of three Commissioners, to be styled the Light Railway Commissioners, and to be appointed by the President of the Board of Trade.

(2) It shall be the duty of the Light Railway Commissioners to carry this Act into effect, and to offer, so far as they are able, every facility for considering and maturing proposals to construct light railways.

(3) If a vacancy occurs in the office of any of the Light Railway Commissioners by reason of death, resignation, incapacity, or otherwise, the President of the Board of Trade may appoint some other person to fill the vacancy, and so from time to time as occasion may require.

(4) There shall be paid to one of the Commissioners such salary, not exceeding one thousand pounds a year, as the Treasury may direct.

(5) The Board of Trade may, with the consent of the Treasury as to number and remuneration, appoint and employ such number of officers and persons as they think necessary for the purpose of the execution of the duties of the Light Railway Commissioners under this Act, and may remove any officer or person so appointed or employed.

(6) The said salary and remuneration, and all expenses of the Light Railway Commissioners, incurred with the sanction of the Treasury in the execution of this Act shall, except so far as provision is made for their payment by or under this Act, be paid out of moneys provided by Parliament.

(7) The Commissioners may act by any two of their number.

(8) The powers of the Light Railway Commissioners shall, unless continued by Parliament, cease on the thirty-first day of December one thousand nine hundred and one.

2. Application for orders authorising light railways. An application for an order authorising a light railway under this Act shall be made to the Light Railway Commissioners, and may be made

(a) by the council of any county, borough, or district, through any part of which the proposed railway is to pass; or

(b) by any individual, corporation, or company; or

(c) jointly by any such councils, individuals, corporations, or companies.

3. Powers of local authorities under order. (1) The council of any county, borough, or district, may, if authorised by an order under this Act

(a) undertake themselves to construct and work, or to contract for the construction or working of, the light railway authorised;

(b) advance to a light railway company, either by way of loan or as part of the share capital of the company, or partly in one way and partly in the other, any amount authorised by the order;

(c) join any other council or any person or body of persons in doing any of the things above mentioned; and

(d) do any such other act incidental to any of the things above mentioned as may be authorised by the order.

(2) Provided that

(a) an order authorising a council to undertake to construct and work or to contract for the construction or working of a light railway, or to

advance money to a light railway company, shall not be made except on an application by the council made in pursuance of a special resolution passed in manner directed by the First Schedule to this Act; and (b) a council shall not construct or work or contract for the construction or working of any light railway wholly or partly outside their area, or advance any money for the purpose of any such railway, except jointly with the council of the outside area, or on proof to the satisfaction of the Board of Trade that such construction, working, or advance is expedient in the interests of the area of the first-mentioned council, and in the event of their being authorised so to do their expenditure shall be so limited by the order as not to exceed such amount as will, in the opinion of the Board of Trade, bear due proportion to the benefit which may be expected to accrue to their area from the construction or working of the railway.

4. Loans by Treasury.-(1) Where the council of any county, borough, or district have advanced or agreed to advance any sum to a light railway company, the Treasury may also agree to make an advance to the company by lending them any sum not exceeding one quarter of the total amount required for the purpose of the light railway, and not exceeding the amount for the time being advanced by the council.

Provided that the Treasury shall not advance money to a light railway company under this section, unless at least one-half of the total amount required for the purpose of the light railway is provided by means of share capital, and at least one-half of that share capital has been subscribed and paid up by persons other than local authorities.

(2) Any loan under this section shall bear interest at such rate not less than three pounds two shillings and sixpence per centum per annum, as the Treasury may from time to time authorise as being in their opinion sufficient to enable such loans to be made without loss to the Exchequer, and shall be advanced on such conditions as the Treasury determine.

(3) Where the Treasury advance money to a light railway company under this section, and the advance by the council to the company is made in whole or part by means of a loan, the loan by the Treasury under this section shall rank pari passu with the loan by the council.

5. Special advances by Treasury.-(1) Where it is certified to the Treasury by the Board of Agriculture that the making of any light railway under this Act would benefit agriculture in any district, or by the Board of Trade that by the making of any such railway a necessary means of communication would be established between a fishing harbour or fishing village and a market, or that such railway is necessary for the development of or maintenance of some definite industry, but that owing to the exceptional circumstances of the district the railway would not be constructed without special assistance from the State, and the Treasury are satisfied that a railway company existing at the time will construct and work the railway if an advance is made by the Treasury under this section, the Treasury may, subject to the limitation of this Act as to the amount to be expended for the purpose of special advances, agree that the railway be aided out of public money by a special advance under this section.

Provided that

(a) the Treasury shall not make any such special advance unless they are satisfied that landowners, local authorities, and other persons locally interested have by the free grant of land or otherwise given all reasonable assistance and facilities in their power for the construction of the railway; and

(b) a special advance shall not in any case exceed such portion not exceeding one-half of the total amount required for the construction of the railway as may be prescribed by rules to be made by the Treasury under this Act; and

(c) where the Treasury agree to make any such special advance as a free grant, the order authorising the railway may make provision as regards any

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