Amendment status not verified — confirm the current text below against the official source.
(2) When maldng an order under the Pproviso to sub-section (1), the ()] @ [©)] O] @ Deputy Commissioner shall fix the amount of compensation, or of an annual rent, or of both, which should, in his opinion, be paid by the promoter to the owner of the property affected thereby, or in the case of immovable property, to the owner or occupier thereof, or any person interested therein and the amount to be paid to each. Subject to the rules made under this Act, a promoter or his duty authorized employee or agent may, at anytime for the purpose of examining, repairing or altering an aerial ropeway, or of preventing any accident, enter upon any immovable property adjoining such aerial ropeway, and may do all such works as may be necessary for such purposes. In the exercise of the powers conferred by sub-section (1), the promoter or his duly authorized employee or agent, as the case may be, shall cause as litle damape as possible, and compensation shall be paid by him for any damage so caused; and in the case of any dispute as to the amount of such compensation, the matter shall be referred for the decision of the Deputy Commissioner. Trees falling on the alignment of ropeway shall be lifted alongwith roots and replanted at suitable location by the promoter. ‘When any tree standing or lying near an aerial ropeway, or where any structure or other objeet which hasbeen placed or has fallen near an aerial ropeway subsequent to the issue of an order under section 7 of the Act in regard to such aerial Topeway, interrupts or interferes with, or is likely to interrupt or interfere with the construction, maintenance, alteration, or use of the aerial ropeway, the Deputy Commissioner may, on the application of the promoter, cause the tree, strocture or object to ‘be removed or otherwise dealt with as he thinks fit. ZExplanation.-For the purpose of this sub-section, the expression "trec” shall be deemed to include any shrub, hedge, jungle growth or other plant, When disposing of an application under sub-section (I), the Deputy Commissioner shall award to the person interested such compensation as the Deputy Commissiorier deems reasonable, and the Deputy Commissioner may recover such amount from the promater as if it were an arrear of land revenue. THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 11, 2022 9631 Orderof Deputy 19, No suit shall lig in respect of any matter referred to in the proviso to Commissioner sub-section (1) and sub-section (2) of section 16, section 17, or in subjectto sub-section (1) of scction 18 of the Act, but every order made by a revision by the Deputy Commissioner under any of those sections, and every award Government made by him under sub-section (2) of section 18 of the Act, shall be subject to revision by the Government except in the case of an award of compensation made by the Deputy Commissioner on account of action taken under sub-section (2) of section 16 of the Act, which award shall be subject to revision by the District Judge. CHAPTER V 'WORKING OF AERIAL ROPEWAYS Promotermay