Amendment status not verified — confirm the current text below against the official source.
If atany time after the opening of an aerial ropeway, it is proved to powers of the satisfaction of the Government that the prorioter has discontinued promoter on the working of the aerial ropeway or of any part thereof, without a discontinuanee reason sufficient, in the opinion of the Government, to warrant such _of aetial iw discontinuance, the _Government may, if it thinks fit, declare,. by TOpeway notification in the Official Gazette, that the powers of the promoter in respect of such acrial ropeway or Ppart thereof shall, from such date as it may determine, be af an end; and thereupon the said powers shall cease and determine, Explanation.- The worki 1g of an serial ropeway shall be deemed to have been discontinued if it has ceased for the period determined in Powersofthe 2§, (1) When a declaration hes beon made by the Governmeat under Government to section 27 of the. Aet in tespect of any aeria| Topeway or of any Temove gerial part thereof, an officer appointed in that behalf by the Topeway on Government may, &l any fime after the expiration of two cessation of ‘months from the date dstermined as aforesaid, remove such promoter's aerial ropeway or part thereof, as the case may be; and the powers promotet shall pay to the officer so appointed such gosts of removal as shall be certified by that officer to have been e ingurred by him. S BERSEE e v ow s = (2) T the promoter fails to pay the amount of costs so certified within one month after the delivery to him of the certificate or of a copy thereof, such officer may, either by public auction or private sgle, and without any previous notice to the promoter, and without prejudice to any other remedy which he may have for the recovery of the said ‘amount, sell and. dispose. of the materials of the aerial ropeway or part thereof 50 removed: and may, out of the proceeds of the sale, pay and reimburse {o himself the amount of costs certified as aforesafd and the cost of the sale, and shall pay over the residue (if any) of such proceeds to the promoter. CHAPTER VII T T PURCHASE OF AERIAL ROPEWAYS Powerof the 29.° (1) Where the promoter is the Government, the Goverm?ent may at. Government any time transfer the undertaking or any part there of to,- and local @) a local authority or local authorities under terms and authorities to conditions approved by, and wiith the consent of, such purchase gerial authority or authorities; or ropeways 9634 THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 11, 2022 (b) to any other person under such terms and conditions as selected through a transparent bidding system between the Government and the transferee. (2) Where the promoter is not the Government, the Government ©]} @ ® may,- () within such limits of time and upon such terms and conditions as may be specified in this behalf in the order;or (b) if a time was not specified in the order, then within six months after the expiration of a period of twenty-one years from the date of the order, and within six months after the expiration of every subsequent period of seven years, or (¢) within two months after the publication of a notification under section 27of the Act or within six months after the publication of a notification under section 31 of the Act, by notice in writing, require the promoter fo sell to the Government or to a local authority the aerial ropeway or a part thereof, and thereupon the promoter shall sell the same upon the terms specified in the order, or if the terms were not specified in the order, then ipon the terms of receiving the then value of the aerial ropeway or of the part thereof. The then value of the aerial ropeway, shall be deemed to be twenty-five times the amount of the average yearly net carnings derived by the promoter from the aerial ropeway or part thereof, during the three years immediately preceding the date of sale: Provided that, if the terms were not specified in the order published under section 7 of the Act, the total amount so payable to the promoter shall not exceed by more than twenty per cent the total capital expenditure of the promoter on the acrial ropeway, or part thereof, A requisition shall not be made under sub-section (2) above requiring the promoter to sell to the local authority unless the making thereof has been approved by the local amhqrity. When a sale has been made under this section, all the rights, powers and authorities of the promoter in respect of the undertaking or-part thereof sold, or, where a-notification has been published under section 27 or section 31 af the-Act, all the rights, powers and authorities of the promoter previous to the publication of the notification in respect of the undertaking or part thereof sold, shall be transferred to the authorities to whom the undertaking or part has been sold, and shall vest in, and may be exercised by, that authority in the same manner as if the acrial ropeway had been constructed by it under: an order made under this Act. Subject to, and in accordance with the preceding provisions of this section, two or more local authorities may jointly purchase an undertaking or so much thereof as is within theircircles. THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 11, 2022 9635 Power of