Bare ActsThe Rajasthan Ropeway - Act 1996

Section 16

Information as required under the provisions of the Act

Amendment status not verified — confirm the current text below against the official source.

Information as required under the provisions of the Act........ It is therefore requested that sanction for preliminary investigation under sanction 8 of the Rajasthan Ropeway Act, 1996 (Act No. 18 of 1977) may be accorded early. Place : Dated : Yours faithfully (Signatures) Full Name, address of the applicant/applicants Form - B (See rule 14 (10)) License Agreement This agreement made at............this ......... day between the Governor of the state of Rajasthan called the "Licenser" of the One Part and the ...................... a registered firm/company incorporated under the companies Act, 1956 and having registered office at........ (here in after called the "Licensee") which expression shall include its assignees or successors) of the OTHER PART The Licensee has applied for construction, communication and running of the Ropeway for carriage of passengers/goods/passengers and goods/animals and goods/passengers alone from the foot of..........Hill.................to the upper portion/top side of the.................... Hill and associated amenities situated near/at Village/Town/City- ............... in .................. District in the State of Rajasthan The Licensee had agreed to install, maintain and operate at its own cost an (aerial) Ropeway for carriage of passengers/goods/animals from the foot ............... of Hill to upper most/Top hill portion of .................. Hill and to provide for other associated and ancillary tourist amenities. The Licenser has agreed to the grant of Licensee under and in accordance with the provisions of the Rajasthan Ropeways Act, 1996 (Act No. 18 of 1997). Now, this license agreement grants all the liberties and power of a licensee upon the terms and conditions hereinafter expressed. The license agreement witnesses as follows, namely :- (1) In consideration of the royalties, covenants and conditions hereinafter reserved and contained on the part of the licensee, to be paid, observed and performed, the licenser having considered the proposals of the licensee in accordance with the provisions of the Rajasthan Ropeways Act, 1996 (Act No. 18 of 1997) hereby grants unto the licensee full liberty and power to enter upon and use such of the land and hill side situated at ............... hill shown in the plan annexed hereto distinguished as "line of the aerial Ropeway" and thereon to construct and maintain as near the red line, as conveniently may be, Aerial Ropeway, with all necessary usual and other usual ancillary work facility and there after to use the same for the carriage of passenger/goods/ animals: Provided always that the said liberty shall be subject to the provisions of the Rajasthan Ropeways Act, 1996 (Act No. 18 of 1997) and the rules made there under as amended from time to time, and the restrictions here-in-after contained. (2) The Licensee shall hold enjoy all the rights, liberties, power and authorities hereinbefore granted for a term of.................years computed from the date of execution of this agreement. The Lease period may be subject to future extension by the Licenser for a period of years, if the Licensee may so desire, subject to the royalty mentioned in clause (3) of this agreement. (3) The Licensee shall pay a royalty of Rs.................. per annum for the original period of License and the royalty for the extended period shall be such as may be determined by the State Government. (4) All communications addressed to the Licensee above named shall be sent either at the registered office mentioned hereinbefore in this License or at the Local Office of the Ropeways. (5) The Ropeway shall be constructed/installed at................(place) and shall operate from ............ (place/location) to.......................(place/location). (6) The License shall in case where he has no sufficient capital of his own/its own raise necessary capital within three months from the date of execution of this License agreement. (7) The construction/installation work of the Ropeway shall be completed within a period of one year or within such extended period as the Licenser may allow on the request by order in writing. (8) The Licensee while raising capital shall not encumber the Ropeway beyond it's net capital worth at any given time. (9) The Licensee shall be entitled to transfer to Ropeway to the State Government, Local authority of the circle or to any person firm or a body corporate at any time but while transferring the undertaking to any person or body the License shall inform the Licenser before hand and clear all outstanding dues, if any. The Licensee shall maintain proper accounts of installation and operation of the Ropeway and these Accounts shall be audited by a Chartered Accountant. (10) The Ropeway shall confirm to the specifications relating to structural designs, quality of martial factors of safety, methods of computing stresses and other technical details as have been set forth and provided in Annexure-I appended to this License Agreement. [Note: - This Annexure may contain the standard specifications, technical details to which a Ropeway must conforms as are duly approved by the Licensing the provisions of the Act and the Rules.] (11) The moving and fixed dimension of the Ropeway, its subsystem and appurtenances shall be such as are given in Annexure- II appended this License Agreement. (12) The maps, plans, sections and diagrams submitted by the License and approved by the Licenser are given in Annexure-III appended to this License Agreement. (13) The licensee shall adhere to the specification, structure designs and the quality of material as set forth in the preceding Clauses (10) to (13), while constructing and running the Ropeways. (14) The Licensee during the course of construction, repair, working, maintenance or management of the Ropeway, shall neither cause any permanent injury to any public or other means of communication including water way, if any, or high tension power line or any other thing of public utility service nor shall obstruct or interfere with, otherwise then temporarily as may be necessary in emergent situations the traffic on any public road, any other means of mass communication including a water way. (15) The motive power to be used for conveying the Ropes and running the system as also stand by arrangements are given in Annexure-IV. [Note: - This Annexure will contain all the details of motive power used and the stand by arrangements including generator or engine.] (16) The points of or under the Ropeway at which bridges or guards shall be constructed or maintained or parks shall be developed are given in Annexure-V. The Licensee shall constructed and maintains these facilities/guards. (17) The Licensee shall be authorised to carry the following type of traffic and to which he may refuse ..................................................................................................................... ........................................................................................... ........................... As far other traffic for which he is not authorised, he may decline. (18) The promoter shall for the purpose of working of a public Ropeway, subject to the maximum rates as may be ordered by the Licensing Authority have power from time to time to fix rates for the carriage of passengers, animals or goods on the Ropeway. (19) The Licensee shall abide by the terms and conditions embodied in this Licensee agreement. (20) In the event of breach on the part of the licensee of the provisions of the Rajasthan Ropeways Act, 1996 (Act No. 18 of 1997) and rule made thereunder or any of the terms and conditions of this License Agreement, the Licensing Authority shall have power to suspend or cancel the License at any time. (21) Other terms/conditions............................................ (i) ............................................................. (ii) ............................................................. (iii) ............................................................. (iv) ............................................................. (v) ............................................................. In witness whereof the parties aforesaid have signed, in the presence of witness given below on this ....... day of ......... 1999/2000. Promoter The party of the other part. Licensing Authority (for an on behalf of the Governor of Rajasthan) Party of the one post. Witness: (1) Name: Address : Occupation: Witness: (2) Name: Address : Occupation: Witness: (1) Name: Address : Occupation: Witness: (2) Name: Address : Occupation: Form – “C” (See rule 9(7))

Section 16 – The Rajasthan Ropeway - Act 1996 | DailyLaw.ai