(1) The Safety Commissioner shall, before giving the certificate of fitness for the opening of the tramway system under section 23, issue a report containing, inter alia, the following,-
(a) he has made, or caused to be made, a careful inspection of the tramway system and the rolling stock that may be used thereon;
(b) the track structure, rolling stock, bridges, viaducts, tunnels, signaling and telecommunication system, traction system, ventilation and air condition systems complying with the standards and safety parameters prescribed under section 33; and
(c) in his opinion, the tramway system can be opened for public carriage of passengers without any danger to the public using it.
(2) If the report referred to in sub-section (1) above recommends that the tramway system can be opened for public carriage of passengers without any danger to the public using it, the Safety Commissioner shall issue to the tramway operator forthwith the certificate of fitness and forward copy of the same along with a copy of the report to the State Government for its information.
(3) If the Safety Commissioner reports that the tramway system cannot be opened without any danger to the public using it, he shall state the grounds therefor and the Safety Commissioner shall submit the same to the State Government for its consideration with copy to the tramway operator. The State Government shall upon receipt of such report, by an order determine the conditions, if any, on the fulfillment of which the tramway system can be opened for public carriage of passengers by it. Upon fulfillment of the conditions prescribed by such order, the Safety Certificate of fitness for the opening of tramway system.
26 [Act No.38 of 2008] Commissioner shall undertake an inspection to determine the satisfaction or otherwise of the conditions prescribed by the State Government by the order made under this subsection and issue a report. If it is reported that the conditions prescribed by the order of the State Government pursuant to this sub-section have been fulfilled, the Safety Commissioner shall issue to the tramway operator its certificate of fitness and forward a copy of the same along with a copy of its report to the State Government. If, however, the Safety Commissioner is of the opinion that the conditions prescribed by the State Government by its order under this sub-section have not been fulfilled, the report shall state the grounds therefor and the Safety Commissioner shall submit the same to the State Government for its consideration with copy to the tramway operator and the procedure setforth in this sub-section shall apply on submission of such reports by the Safety Commissioner till issue of certificate of fitness or termination of rights of the tramway operator under the order or the agreement, as the case may be.
(4) In the event that an independent safety consultant or independent engineer is appointed pursuant to an agreement entered under section 5, the Safety Commissioner while making his report under sub-section (1) above, may rely on a report of such independent safety consultant or independent engineer:
Provided that where the Safety Commissioner is of the opinion that the report under sub-section (1) above cannot be made despite a report from such independent safety consultant or independent engineer appointed pursuant to a concession, he may make a report to the contrary, giving detailed reasons for making a contrary report.
[Act No.38 of 2008] 27
25. The provisions of section 24 shall apply to the opening of the following works if they form part of, or are directly connected with, the tramway system used for the public carriage of passengers and have been constructed subsequent to the giving of report by the Safety Commissioner under sub-section (1) of section 24, namely:-
(i) opening of additional lines of tramway system,
(ii) opening of stations and junctions;
(iii) re-modeling of yards, re-building of bridges, viaducts and tunnels; and
(iv) any alteration or reconstruction materially affecting the structural character of any work.
26. The tramway operator may use such rolling stock as it may consider necessary for operation and working of the tramway system. Where the tramway system is being operated under an agreement entered into pursuant to section 5, such tramway operator may, subject to the terms of the agreement, use such rolling stock as it may consider necessary for operation and working of the tramway system:
Provided that before using any rolling stock of a design or type different from that already running on any section of the tramway system, the previous sanction of the Safety Commissioner shall be obtained for such use.