(e). FROM THE SUPPLEMENT TO THE "GAZETTE OF INDIA," DATED 12TH JANUARY 1884 GOVERNMENT OF INDIA. PUBLIC WORKS DEPARTMENT. RAILWAY TRAFFIC. SALE OF PLATFORM TICKETS AT RAILWAY STATIONS. Circular No. XXXVII Railway, dated Simla, the 20th December 1883. Read again- Public Works Department letter to the Consulting Engineer for Guaranteed Railways, Railways, Lahore, No. 1065 G., Public Works Department letter to the Consulting Engineer for Guaranteed Railways, Letter from the Consulting Engineer for Guaranteed Railways, Lahore, No. 1233 G., Public Works Department letter to the Consulting Engineer for Guaranteed Railways, Public Works Department letter to the Consalting Engineer for Guaranteed Railways, Read also Letter from the Consulting Engineer for Guaranteed Railways, Lahore, No. 2542 G., dated 22nd October 1883. RESOLUTION. The overcrowding of the platforms of important Railway stations at train times by persons who are non-travellers has frequently been found to interfere with the proper working of such stations, and in view to lessening the inconvenience, both to the pub lic and to the station staff, the Railway authorities have in some cases introduced a system of issuing platform tickets, on payment of a no:ainal fee, by means of which persons desiring to see their friends off, or to meet them on arrival, can obtain admission to the railway platform. 2. The experiment has been tried with success at the Lahore station of the Sindh Punjab, and Delhi Railway, and it is believed that the system is being adopted at certain large stations on other Railways; but as doubts have been raised as to the legal right of the Railway authorities to issue such passes, His Excellency the Governor-General in Council is pleased to rule that, in future, when the railway authorities desire to exclude all but ticketholders from railway platforms, the intention shall be duly notified in the Railway time-tables, and a printed notice to that effect. specifying the place where such tickets are obtainable and their cost, shall be drawn up with reference to Sections 3 (c) and 41 of the Indian Railway Act No. IV of 1879, and posted up in a conspicuous place outside the station. 3. Such a notice, His Excellency the Governor-General in Council is advised would be a sufficient "warning off" to justify the officers of a Railway in preventing any person from entering a Railway platform without a ticket, and in proceeding against him, if necessary, under Section 41 of the Act above quoted. 4. It will be distinctly understood that the Government of India considers a restriction of the nature herein referred to as undesirable, excepting where there is well established and absolute necessity for it, and that every facility should be given for obtaining tickets of admission, not only before the departure, but also before the arrival, of a train. ACT No. V of 1879. (Passed on the 22nd March 1879). An Act to amend the Presidency Banks Act, 1876. Whereas it is expedient to amend the Presidency Banks Act, 1876, in manner hereinafter appearing; It is hereby enacted as follows: Pre amble. 1. This Act may be called " The Presidency Banks Act, 1879"; and it shall come into force on the first day of May, 1879. Short title. Commencement. Amendment of Act XI of 1876, Section 28. 2. To the first clause of Section 28 of the Presidency Banks Act, 1876, the following proviso shall be added, that is to say: "Provided that no person shall be chosen to be President or Vice-President twice in succession." 3. In the same Act, Section 34, before the words "no Khazanchi," the Amendment of Section 34 words" without the previous sanction of the Board" shall be inserted. of same Act. 36. Amendments of Section 4. In the same Act, Section 36, clause (a), sub-clause (4), after the words" municipal body," the words "or any body of Commissioners for making improvements in any port or of trustees of any port" shall be inserted. In the same section, the words "in the case of the Bank of Madras" shall be omitted in both the places in which they occur. In the same section, after clause (m), the following clause shall be inserted, that is to say, "(mm) the borrowing of money in India for the purposes of the Bank's business, and the giving of security for money so borrowed by pledging assets or otherwise." 37. Amendment of Section 5. In Section 37 of the same Act, for clause (d), the following shall be substituted, that is to say, "(d) Nor shall they (except upon the security mentioned in section thirty-six, paragraph a, Nos. 1 to 5 inclusive) discount bills for any individual or partnership-firm for an amount exceeding in the whole at any one time such sum as may be prescribed by the bye-laws for the time being in force, or lend or advance in any way to any individual or partnership-firm an amount exceeding in the whole at any one time such sum as may be so prescribed." 6. In Section 63 of the same Act, clause (a), for the words "lent by discount of bills or otherwise to," the words "lent to or for which bills may be discounted for" shall be substituted. Amendment of Section 63. ACT No. XI of 1879. (Passed on the 21st July 1879). y Local Aunthiostres (mergency) Locm The Local Authorities Loan Act, 1879. Whereas it is expedient to re-enact the Local Public Works Loan At 1871, with the amendments hereinafter appearing; It is hereby enacted as follows: Preamble. Short title. Local extent. 1. This Act may be called "The Local Authorities Loan Act, 1879. It extends to the whole of British India, and shall come into force upon the passing thereof. 2. The Local Public Works Loan Act, 1871, is hereby repealed. But Repeal of Act XXIV of all applications, declarations, authorizations, attachments, loans, and rules made under the said Act shall be deemed to have been made under this Act 1871. Cur, 1897. 3. In this Act, "local authority" means any body corporate, municipal "Local authority." committee, or other persons legally entitled to the control and management of any local or municipal fund, or legally entitled to impose any cess, rate, duty or tax upon any persons within any local area; and "Funds." "funds," used with reference to any local authority, includes any local or municipal fund to the control, or management of which such authority is legally entitled, and any cess, rate, duty, or tax which such authority is legally entitled to impose, and any property vested in such authority. 4. Any local authority desiring to obtain a loan, on the security of Loans for works may be its funds, or any portion thereof, for the carrying granted on security of out of any works which it is legally authorized to funds. carry out, may, in manner provided by the rules made by the Governor-General in Council, under the power hereinafter conferred, apply to the Local Government for such loan. Power to Governor-General in Council to make rules. 5. The Governor-General in Council may, from time to time, make rules consistent with this Act as to (1) the nature of the funds on the security of which loans may be made; (2) the works for which loans may be made; (3) the manner of making applications for loans; (4) the inquiries to be made in relation to such loans, and the manner of conducting such inquiries; (5) the cases and the forms in which particulars of applications and proceedings, and orders thereon, shall be published; (6) the cases in which the Local Government may make loans without the previous sanction of the Governor-General in Council, and the cases in which such previous sanction must be obtained; (7) the manner of recording and enforcing the conditions on which such loans are to be made; (8) the manner and time of making loans; (9) the inspection of any works carried out by means of loans; (10) the instalments by which loans shall be repaid, the interest to be charged on loans, and the manner and time of repaying loans and of paying the interest thereon; (11) the sum to be charged against the funds which are to form the security for the loan, as costs in effecting the loan; (12) the attachment of such securities, and the manner of disposing of or collecting them; (13) the accounts to be kept in respect of loans, and as to all other matters incidental to carrying this Act into effect All such rules shall be published in the Gazette of India. NOTE.-The Rules framed under this section are printed at the end of the Act. 6. If any loan made under such rules, or any interest or costs due in Remedy by attachment if loan not repaid. respect thereof, is or are not repaid according to the conditions of the loan, the Local Government may attach the funds on the security of which the loan was made. After such attachment, no person except an officer appointed in this behalf by the Local Government, shall, in any way, deal with the attached funds; but such officer may do all acts in respect thereof which the borrower might have done if such attachment had not taken place, and may apply the proceeds in satisfaction of the loan, and of all interest and costs due in respect thereof, and of all expenses caused by the attachment and subsequent proceedings; Provided that no such attachment shall defeat or prejudice any debt for Attachment not to defeat prior charges legally made. which the funds attached were previously pledged in accordance with law; but all such prior charges shall be paid out of the proceeds of the funds before any part of the proceeds is applied to the satisfaction of a liability incurred under this Act. Local Government may authorize parties to borrow from private persons under this Act. 7. The Local Government, with the previous sanction of the Governor-General in Council, may authorize any local authority which might, under the provisions hereinbefore contained, have borrowed money for any work upon the security of its funds, to borrow money from any other person for such work upon such security; and, if any such loan or the interest thereon is not duly paid, the Local Government shall, upon the application of the lender, attach such funds for his benefit in manner provided by section six. The Governor-General in Council may, in respect of loans to be taken. under this section, exercise the power conferred by section five, so far as the same may be applicable to the case of such loans. Power to make rules in regard to such loans. NOTE. Referring to paragraph 11 of the Resolution of the Government of India in the Financial Department, No. 1967, dated the 31st July last, in which it was stated that, owing to the limited means at present at the disposal of Government for granting loans to municipal and other corporations, no application for such loans should be made or forwarded by any Government officer except for purposes which admit of no postponement, I am directed to invite attention to Section 6* of the Local Public Works Loans' Act, 1871. 2. This section permits loans to be taken on the authority of the Local Government with the previous sanction of the Governor-General in Council, from persons other than Government, under the same conditions as those under which money might have been borrowed from Government, that is, on the same security, for the same purposes, and subject to the same powers of recovery. 3. I am to suggest that if it shall appear to His Honor the Lieutenant-Governor that in any case a loan required by a municipality or other local body for any work of public improvement, which might under ordinary circumstances have been provided for by a Government loan, can be raised locally, an application should be made to the Government of India for sanction to such loan being taken on the terms mentioned in Section 6 of the Act referred to. In submitting any such application it should be shown that the loan required can be taken up from purely local resources, and that the funds from which it will be drawn, will not diminish those available for meeting any general loan which the Imperial Government may wish to raise.(Government of India No. 21-908, dated 28th October 1876). 8. Except as provided by this Act and the rules made hereunder, no local authority shall for any purpose borrow money upon or otherwise charge its funds; and any contract otherwise made for that purpose after the passing of this Act, shall be void': Loans not to be effected except under this Act. Provided that nothing herein contained shall be deemed(a) to preclude the Municipality of Calcutta, Madras, or Bombay, or the Trustees of the Port of Bombay, or the Commissioners for making improvements in the Port of Calcutta, or any like body hereafter created * Section 7 of this Act. for the Port of Madras, from exercising the borrowing powers conferred on them by any special enactment now or hereafter in force; or (b) to preclude any other local authority from exercising the borrowing power (if any) conferred on it by any such enactment with a view to raising money for any purpose other than the carrying out of works; or (c) to affect the power conferred on any local authority by any such enactment to charge its funds by guaranteeing the payment of interest on money to be applied to any purpose to which the funds of the local authority can legally be applied. Application of Act to loans existing previous to the fifth of September, 1871. NOTE.-Clause (c) has beer. added by Act XV of 1885. 9. The Secretary of State in Council shall be entitled to the remedy mentioned in section six for the recovery of any money lent by him to any local authority before the 5th day of September, 1871, and the interest due on such money; and the Governor-General in Council, or the Local Government, may declare that any person who before the said fifth day of September, 1871, has lent money to any local authority, shall be entitled to the said remedy for the recovery of such money, or of the interest due thereon. NOTE.-No. 15.-In exercise of the powers conferred by Section 5 of the Local Authorities Loan Act, 1879, the Governor-General in Council has made the following Rules for the grant of loans to Local Authorities by the Government : 1. These rules shall come into force on the 1st day of February 1889. On and from that date the rules published with Notification No. 2749, dated 17th August 1883, in so far as they relate to the granting of loans, shall be rescinded except as regards loans applied for before these rules come into force. 2. In these Rules (1) "the Act" means "The Local Authorities Loan Act, 1879"; (2) "Local Authority" and (3)“ funds" have the meanings assigned to them respectively in the Act; (4) "the Local Authority" means "the Local Authority applying for or, as the case may be, receiving or having received the loan; (5) “loan” means “a loan under the Act," and (6) "Local Bord" includes a district board and district council, and any body having like authority beyond the local limits of municipalities and cantonments. 3. A loan must be defined in rupees and not by the sterling, or any other foreign standard. 4. No loan shall be granted except for the construction or repair of works of public utility within the local limits of the area subject to the control of the Local Authority, or for the benefit of the inhabitants within those limits. 5. Without the consent of the Governor-General in Council, no loan shall be granted to any Local Board for the construction of any public work unless it be estimated that a direct net revenue will be derived therefrom equal to at least four per centum per annum on its capital cost. Provided, however, that the Local Government may make a loan, not exceed. ing Rs. 10,000, to a Local Board, for a work designed especially to employ labour for the purpose of relieving distress. 6. An application for a loan shall state 1st, the work or works for the construction or repair of which the loan is required and an estimate of the cost thereof: 2nd, the amount which it is proposed to borrow: 3rd, the fund or funds on the security of which it is proposed to borrow: 4th, the law or laws under which the said fund or funds is or are levied, received or held: 5th, the period for which the loan is required, the number and amount of the instalments if any, in which it is proposed that the loan shall be taken, the dates proposed for receiving such instalments, aud the instalments, if any, in which it is proposed to repay the loan; 6th, a detailed account of the revenue and expenditure of the Local Authority for the three last preceding years: [Note.-Debt and deposit transactions, such as receipts from, and repayments of, loans and deposits from contractors and others, should not be included under revenue and expenditure, but should be shown separately. All important variations in the amounts of revenue and expenditure should be explained.] |