Amendment status not verified — confirm the current text below against the official source.
CHAPTER X SUPPLEMENTARY PROVISIONS A promoter shall, in respect of the aerial ropeway, submit to the Government returns of capital and revenue expenditure, receipts and traffic, at such intervals, and in such form, as may be prescribed. No promoter shall, in the course of the construction, repair, working or management of an acrial ropeway, cause any permanent injury to any trees in public road, railway, tramway or waterway, or obstruct or interfere with, otherwise than temporarily as may be necessary, the traffic on any public road, railway, tramway or waterway. The Government may, if it thinks fit, subject to the provisions of the Act, on the application of any promoter desirous of obtaining any land for the purpose of constricting, extending, working or managing an aerial ropeway, acquire on his behalf such land under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 whether the said promoter is or is not a company as defined in the said Act and may if it thinks fit transfer the land owned acquired or controlled to any promoter for the purpose of the Act, No petson shall be entitled to a refund of an overcharge in respect of goods cartied by an aerial ropeway or to compensation for the loss, destruction or deterioration of 80ods delivered to be so carried, unless Xis claim to the refund or compensation has been preferred in writing by him or on his behalf to the promoter within six months from the date of the delivery of the 800ds for carriage by the acrial ropeway. 'CHAPTER XI Central Act No. 30 of 2013 POWER TO MAKE RULES AND REGULATIONS BY THE GOVERNMENT {I) The Government may, after previous publication, make rulesto carry out the purposes of this Act, @) In particular, and without prejudice to the generality of the foregoing power, such rules may prescribe- (&) the operation and maintenance regulations under this Act; (b) the constitution of the Expert Committee under section 11 of the Act and terms and conditions of the-appointment, qualifications and experience. of its members; (¢) the power, functions and duties of an Inspectors appointed under section 13 of the Act; (d) the accidents of which notice shall be: given to the Government and to the Inspector; 9638 THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 11, 2022 @ @ (&) the duties of the promoter's ‘employees and of police officers, and magistrate, on the occwrence of anaccident; (f) the maximum rates for passengers and various classes of goods which a promoter may fix under section20 of the Act; () the standard dimensions and specifications to which the acrial ropeway is to conform; (h) the manner of previous publication of bye-laws made under section 32 of the Act; (i) the intervals at which a promoter shajl submit returns under section 33 of the Actand: the forms in which such retums. shall be submitted; () the manner in which notices under this Act shall beserved; (ky the manner in which, and the conditions under which, cpe booking of goods may be permitted between an aetial ropeway and railway, tram way or another aerial ropeway; () the safe and efficient working of aerial ropeways; (m) the conditions urider which, and the manner in which, thc powers conferred on promoters by section 16 and section 170f the Actmay be exercised; (n) the procedure for the disposal of applications under sub- section (2) of section 260f the Actto reopen serial ropeway or part thergof and the conditions under which such aerial ropeway may bereopened; (0) the preparation, submission ‘and auditing of the accounts of the promoter; () the method of arbitration for the seftlement of disputes; (q) the fees to be charged to promoters and other persons in respect of licences, enquiries, inspections, and services rendered under this Act shall be fixed and notified by the Government; () the procedure for making, hearing, and disposing of applications under this Act. All rules made under this section shall be published in the Official Gazette, Every rule made under this Act shall be Jaid, as soon as may be after it is made, before the Legislative Assemibly while it is in session for atotal period of not less than fourteen days which may be comprised in one session or in two or more successive sessions and if before the expiry of the session in which it is so laid or the sessions aforesaid, the Assembly makes any modification in the rule or decides that the rule should net be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule, THE ASSAM GAZETTE, EXTRAORDINARY; OCTOBER 11, 2022 9639 Powerof the 38 (1) The Government may, in particular and without prejudice to the Government to generality of the forgoing power, and in consistent with the Act, make make regulations for,- regulations (a) approval of surveyors, competent persons, controllers and operators; (b) supply of operation manual and manner of records to be kept maintaining an operational log; (©) method of employment and duties of operational personnel; (d) manner of operating the ropeway; (e) pre-operational examinations, tests and requirements as to Speed, load, etc; (® reporting of certain oceurrences; (&) prohibition of persons, goods and prohibition of using tobaceo product, pan masala, smoking, etc; () scheduled maintenance of the ropeway; () prohibition on use of certain roOpes; () use of counter weight, cars, communication systems, electrical systems, maintenance of station and posting of warning notices; (k) rescue operations and equipments; () general safety precautions. (@) All regulations made under this section shall be published in the Official Gazette. (3) Every regulations made under this Act shall be laid, as soon asmay be after it is made, before the Legislative Assembly while it is in session for a total period of not less than fourteen days which may be camprised in one session or in two or more successive sessions and if before the expiry of the session in which it is so laid or the sessions aforesaid, the Assembly makes any modification in the regulation or decides that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of nio cffect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation. CHAPTER XII OFFENCES, PENALTIES AND ARRESTS Failure of 39, Ifapromoter,- ) m‘l’;fi& ASE (s) comstructs or maimajm an aerial ropeway otherwise than in Zc:lc;):riance with the terms of an order made under section 7of the (b) opens an aerial Topeway or permits it to be opened in contravention of any of the provisions of section 10 of the Act;or 9640 THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 11, 2022 Unlawfully obstructing: promoter's employee in disoharge of his duty Unilawfully interfering with aerial ropeways