Amendment status not verified — confirm the current text below against the official source.
(1) When a declaration has been made by the Licensing Authority under section 23 in respect of any ropeway or of any part thereof, an officer appointed in that behalf by the Licensing Authority may at any time after the expiration of two months from the date determined as aforesaid, remove such ropeway or part thereof, as the case may be, and the promoter shall pay to the officer so appointed such costs of removal as shall be certified by that officer to have been incurred by him. (2) If 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 by private sale, and with due notice to the promoter but without prejudice to - 41 - any other remedy which it may have for the recovery of the said amount, sell and dispose-off the materials of the ropeway or part thereof so removed; it may, out of the proceeds of the sale, pay and reimburse to himself the amount of costs certified as aforesaid and the costs of sale, and shall pay over residue (if any) of such proceeds to the promoter. CHAPTER - IX PURCHASE OF ROPEWAYS Power of State Government and its departments and agencies to purchase ropeways 25 (1)Where the promoter is the State Government, the State Government may at any time transfer the undertaking or any part thereof to- (a) its departments and or agencies under terms and conditions approved by, and with the consent of, such departments or agencies; or (b) to any other person selected in accordance with the Applicable Law, under such terms and conditions as may be mutually agreed upon between the State Government and the transferee. (2) Where the promoter is not the State Government or its agency or department, the State Government may in its sole discretion (a) within such limits of time and upon such terms and conditions as specified in this behalf in the license, or (b) within two months after the publication of a notification under section 23 or within six-months after the publication of a notification under section 27, By a notice in writing, require the promoter to sell to the State Government or to any of its department or agency the ropeway or a part thereof, and thereupon the promoter shall sell the same upon the terms specified in the license, or if the terms were not specified in the license, then upon such terms as may be prescribed in this regard. (3) A requisition shall not be made under sub-section (2) requiring the promoter to sell to any department or agency of the State Government, unless such requisition has been approved by the concerned department or agency. (4) When a sale has been made under this section, all the rights, powers and authorities of the promoter in respect of the - 42 - undertaking or part thereof sold, or, where a notification has been published under section 23 or section 27, 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 ropeway had been constructed by it under a license granted under this Act. (5) Subject to, and in accordance with the preceding provisions of this section, two or more government departments and or agencies may jointly purchase an undertaking or so much thereof as is within their jurisdiction. (6) Where a purchase has been effected under sub-section (1) or sub- section (5),- (a) the undertaking shall vest in the purchaser free from any debts, mortgages or similar obligations of the promoter or attaching to the undertaking: b) save as aforesaid, the license granted under section 10 shall remain in full force and the purchaser shall be deemed to be the promoter: Provided that where the State Government elects to purchase, the licence granted under section 10 shall, after purchase, in so far as the State Government is concerned, cease to have any further operation. (7) Not less than two years' notice in writing of any election to purchase under clause (a) or clause (b) of sub-section (2) of this section shall be served upon the promoter by the State Government or the local authority, as the case may be. (8) Notwithstanding anything hereinbefore contained, a department/ agency may, with the previous sanction of the State Government, waive its option to purchase and enter into an agreement with the promoter for the working by him of the undertaking until the expiration of the next subsequent period mentioned in the order or referred to in clause (b) of sub-section (2), upon such terms and conditions as may be stated in the agreement. Power of promoter to sell 26 Where, on the expiration of any of the periods referred to in section 24, neither the State Government nor any of its department or - 43 - when option to purchase not exercised and license revoked by consent agency purchases the undertaking, and the license granted under section 10 is, on the application or with the consent of the promoter, revoked, the promoter shall have the option of disposing of all lands, buildings, works, materials, plants and apparatus belonging to the undertaking in such manner as it may think fit Expropriation by the State Government 27 (1) If, at any time, after the opening of a ropeway, the State Government is of the opinion that an existing ropeway is required or needed by the Government in the national security interest or in the interest of the public, the State Government may, after considering any statement which the promoter may desire to make, and after such enquiry as it deems necessary, declare, subject to such terms and conditions as the State Government may prescribe in this regard, that the powers of the promoter in respect of such ropeway, shall, at the expiration of six months from the date of such declaration, be at an end and thereupon all the rights, powers and authorities of the promoter in respect of the said ropeway shall vest absolutely in the State Government, free from all debts, encumbrances or similar obligations. (2) As soon as may be, after a notification under sub-section (1), has been made, the State Government shall by a notice in writing, require the promoter to transfer and handover the undertaking including all land, building, equipments and assets, clearances and permits and documents pertaining thereto, forming part of the ropeway subject matter of the notification under sub-section (1), to the State Government; Provided that the notice set forth in sub-section (2) shall set forth the modalities for the handover of the ropeway and the amount of compensation payable to the promoter in lieu of the takeover of the ropeway by the State Government, which shall be an amount equivalent to the cost of procurement of all land, if owned by the promoter, and the depreciated value of the buildings, plant and machinery of the promoter, suitable to, and used by him for the purposes of the undertaking and taken over by the Government and which compensation shall in all events be paid to the promoter by the State Government prior to the expiration of the period set forth in sub-section (1) of this Section 27: CHAPTER – X INABILITY OR INSOLVENCY OF PROMOTER - 44 - Proceedings in case of inability or insolvency of promoter 28 (1) If, at any time, after the opening of a ropeway, it appears to the State Government that the promoter is insolvent or is unable to maintain the ropeway or operate the same with advantage to the public, or at all, the State Government may, after considering any statement which the promoter may desire to make, and after such enquiry as it deems necessary, declare that the powers of the promoter in respect of such ropeway, shall, at the expiration of six months from the date of such declaration, be at an end, and thereupon the said powers shall, at the expiration of that period, cease and determine. (2) At any time after the expiration of the said six months, an officer appointed by the State Government in that behalf, may remove the ropeway in the same manner and subject to the same provisions as to the payment of costs and to the same remedy for the recovery thereof in every respect as in cases of removal under section 24. CHAPTER – XI APPEALS Review by the Licensing Authority 29 (1) All orders made by the Licensing Authority under this Act except those which are made by the Collector under the provisions of the Land Acquisition Act, 2013, shall be appealable within thirty days from the date of order and the appeal shall lie to the State Government. (2) Any appeal preferred under sub-section (1) shall normally be disposed of by the State Government within three months from the date of receipt of the appeal. (3) The State Government may, of its own motion, call for and examine the records of any proceedings for the purpose of satisfying itself as to the legality or propriety of any order made under this Act by the Licensing Authority not being an award or order made or passed by the Collector under the provisions of the Land Acquisition Act, 2013 and if in any case it shall appear to the State Government that any such order should be modified, annulled or revised or remitted for reconsideration, the State Government may, after giving the party to be affected thereby a reasonable opportunity of being heard, pass such order thereon as it may deem fit. CHAPTER - XII SUPPLEMENTARY PROVISIONS - 45 - Returns 30 A promoter shall, in respect of the ropeway, submit to the State Government, returns of capital and revenue expenditure, receipts and traffic, at such intervals, and in such form, as may be prescribed. Protection of roads, railways, tramways, and waterways 31 No promoter shall, in the course of the construction, repair, working or management of a ropeway, cause any permanent injury to any 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. Acquisition of land by the State Government 32 (1) The State Government may, suo motto, acquire land for the purposes of this Act, in accordance with the provisions of the Land Acquisition Act, 2013, and may if it thinks fit, transfer the land owned, acquired or controlled by it to any promoter, for the purposes of this Act. (2) The State 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 constructing, extending, working or managing a ropeway, acquire on his behalf such land under the provisions of Part VII of the Land Acquisition Act, 2013 whether the said promoter is or is not a company as defined in the Land Acquisition Act. Notification of claims to refund of overcharges and compensation for losses 33 No person shall be entitled to a refund of an overcharge in respect of animals or goods carried by a ropeway or to compensation for the loss, destruction or deterioration of animals or goods delivered to be so carried, unless his 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 animals or goods for carriage by the ropeway. CHAPTER – XIlI DELEGATION OF POWERS OF, AND MAKING OF RULES BY STATE GOVERNMENT Power of State Government to make Rules 34 (1) The State Government may, after previous publication, make rules to carry out the purpose of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may prescribe- a) the power and duties of the Chief Inspector and the District - 46 - Inspector appointed under section 4; b) the accidents of which notice shall be given to the Licensing Authority and to the District Inspector c) the maximum rates for passengers, animals or various classes of goods on the ropeway, which a promoter may fix under section 19. d) the duties of the promoter, promoter’s employees and of police officers, and magistrate on the occurrence of an accident; e) the standard dimensions and specifications to which the ropeway is to conform; f) the manner in which notice under this Act shall be served; g) the safe and efficient working of ropeways; h) the conditions under which, and the manner in which, the powers conferred on promoters by section 16 and section 17 may be exercised; i) the procedure for the disposal of application under sub- section (2) of section 22 to reopen any ropeway or part thereof and the conditions under which such ropeway may be reopened; j) the procedure for filing, hearing and disposing of appeals under this Act; k) the fees to be charged to promoters and other persons in respect of licenses, application, enquiries, inspection, and services rendered under this Act; l) the procedure for making, hearing and disposing or applications under this Act; m) provisions for fire aid and other amenities; and n) any other matter which is to be or may be prescribed under this Act. (3) All rules made under this section shall be published in the Official Gazette. (4) Every rule made under this Act shall be laid, as soon as may be after it is made, before the House of the State Legislature while it is in session for a total period of not less than fourteen days which may be comprised in one section or in two or more successive sessions and if before the expiry of the session in which it is so laid - 47 - or the sessions aforesaid, the House makes any modification in the rule or decides that the rule should not 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. Power of State Government to award projects 35 The State Government may, if it deems fit, enter into an agreement with an entity/ person for implementing and operating a ropeway project within the State on a PPP basis, provided that, the process for selection of such an entity/ person shall be such as stipulated under the Applicable Law. CHAPTER – XIV BYE-LAWS power to make bye-laws 36 (1) The Licensing Authority shall, subject to the provisions of sub- section (3), make bye-laws consistent with this Act,- a) for regulating the speed at which carriers are to be moved or propelled; b) for declaring what shall be deemed to be dangerous or offensive goods and for regulating the carriage of such goods; c) for regulating the maximum passengers and animals and the maximum weight of goods to be carried in each carrier; d) for regulating the use of steam power or any other mechanical power or electrical power on the ropeway; e) for regulating the conduct of the promoter's servants; f) for regulating the qualifications of the staff employed for running and maintaining the ropeway; g) for regulating the terms and condition on which the promoter will warehouse or retain goods at any station on behalf of the consignee or owner of such goods; and h) generally for regulating the travelling upon, and the use, working and management of the ropeway. (2) Such bye-laws may provide that any person who contravenes the provisions of any of them shall be liable to such fine which may extend to any sum not exceeding one - 48 - hundred rupees and that, in the case of a breach of a bye- law made under clause (c) of sub-section (1), the promoter's servant responsible for the same shall forfeit a sum not exceeding one month's pay, which sum may be deducted by the promoter from his pay. (3) A bye-law made under this section shall not take effect until it has been approved by the State Government and published in the Official Gazette: Provided that no such bye-law shall be so confirmed until it has been previously published by the promoter in such manner as may be prescribed. CHAPTER - XV OFFENCES AND PENALTIES failure of promoter to comply with Act 37 If a promoter a) constructs or opens or operates or maintains a ropeway otherwise, than in accordance with the terms of a licence granted under section 10 or under sub-section (2) of section 5; or b) contravenes any of the provisions of this Act or the provisions of any rule made under section 35; or c) fails to pay within a reasonable time any compensation awarded by a Collector or by the State Government under the provisions of this Act; it shall, without prejudice to the enforcement of specific performance of the requirements of this Act or of any other remedy which may be obtained against him, be punishable with fine which may extend to ten thousand rupees and in case of a continuing offence to a further fine which may extend to one thousand rupees for every day after the date of the first conviction during which the offender is proved to have persisted in the offense. Unlawfully obstructing promoter's employees in discharge of his duty 38 If a person, without lawful excuse, the burden of proving which shall lie upon him, wilfully obstructs or impedes any officer or employee of a promoter in the discharge of his duty, it shall be punishable with fine which may extend to two hundred rupees. Unlawfully interfering with ropeways 39 If any person, without lawful excuse, the burden of proving which shall lie upon him, wilfully does any of the following things, namely:- a) interferes with, removes or alters any part of a ropeway or - 49 - of the works connected therewith; b) does anything in such manner as to obstruct any carrier travelling on a ropeway; c) attempts to do or abets within the meaning of the Indian Penal Code, 1860 (Central Act 45 of 1860) the doing of anything mentioned in clause (a) or clause (b); it shall, without prejudice to any other remedy which may be obtained against him in a civil court, be punishable with fine which may extend to four hundred rupees. Punishments for acts or attempts tending to endanger safety or persons travelling or being upon ropeways 40 (1) If any person does anything mentioned in clause (a), clause (b) or clause (c) of section 39 or does, attempts to do, or abets, within the meaning of the Indian Penal Code, 1860 (Central Act 45 of 1860), the doing of any other act or thing in relation to a ropeway with intent, or with knowledge that it is likely to endanger the safety of any person travelling or being upon the ropeway, it shall be punishable with imprisonment for a term which may extend to fourteen years. (2) If the promoter does anything or omits to do anything, mentioned in section 37, in relation to an ropeway with intent or with knowledge that such act or omission is likely to endanger the safety of any person travelling or being upon the ropeway, it shall be punishable with imprisonment for a term which shall not be less than one month but may extend to five years. Arrest for offence against certain sections and procedure thereupon 41 (1) If any person commits any offence under section 38 or section 39 which obstructs the working of a ropeway or commits any offence punishable with imprisonment under section 40, it may be arrested without warrant or other written authority by any servant of the promoter or by any police officer, or by other persons whom such servant or officer may call to his aid. (2) A person so arrested shall, with the least possible delay, be taken before a Magistrate having authority to try him or to commit him for trial. ---