LexThe Aerial Ropeways Act, 2022
Assam · state statute
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THE ASSAM GAZETTE
REIIEL EXTRAORDINARY
oA FEET 7 i PUBLISHED BY THE AUTHORITY
Registered No.-768/97
TR 675 Tixte[, T, 11 wegtam, 2022, 19 Wi, 1944 (413) No. 675 Dispur, Tuesday, 11th October, 2022, 19th Asvina, 1944 (S. E.)
GOVERNMENT OF ASSAM
ORDERS BY THE GOVERNOR
LEGISLATIVE DEPARTMENT : :: LEGISLATIVE BRANCH
NOTIFICATION
The 11th October, 2022
No. LGL.168/2021/3.— The following Act of the Assam Legislative Assembly which received the assent of the Governor of Assam on 7th October, 2022 general information,
ASSAM ACT NO. XXXVI OF 2022
(Received the assent of the Governor on 7th October, 2022)
THE ASSAM AERIAL ROPEWAYS ACT, 2022
is hereby published for
9622 THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 11, 2022
Preamble
AN
ACT
to authorise, facilitate and regulate the construction and working of aerial ropeways in the State.
1. (1) This Act may be called the Assam Aerial Ropeways Act, 2027. commencement (2 Ttextends to the Wwhole of the State of Assam, (3) They shall come into forcé on such date as the Government may,
2. In this Act, unless there is anything rcpugnant,in the subject or
thereof) for the public carriage of bassengers or goods, and includes all FODES, posts, carriers, stations, offices, warehouses, workshops, machinery and other works used for the purposes of or in connection with, and all “Jand appurtenant to, such aerial ropeway;
control of that authority;
(d “Deputy Commissioner” means the Deputy Commissioner of & district and includes any person representing him for the purpose of the Act;
(&) “Expert Committee” means 3 Committee constituted under section 11 of this Act; ® “Government” means the Government of Assam; (@) “Inspector " means an Inspector of aerial ropeways agpoinwd under thisAct who have requisite knowledge and experience on aerial ropeway;
(B) “local authority" means a Municipal Commitiee, Small To\yn Committee, Notified Area Committee, Gram Panchayat, Zila Parishad or other authority legally entitled to, or: entrusted by the Government with, the control or management ¢/f a municipal or local fund;
THE ASSAM GAZETTE, EXTRAORD]NARY, OCTOBER 11, 2022 9623 ——
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Application for 3, (g) DPermission to
undertake
investigation
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“Official Gazette" means the Official Gazerte of tiie Government; “order" means an order authorising the comstruction of an aerja|
for, or amending, extending or Tevoking that order; “Regulation” means the - Aeri] Ropeway Operation and Maintenance Regulations framed under this Act; "Post" means g post, trestle, standard, strut, stay, or other contrivance or part of a contrivance for carrying, suspending or supporting arope; | i "prescribed” means prescribed by rules made by the Government under this Aect;
"promoter” means-
(1) the State Government, (i) alocal authority,
(i) any person or entity which may be selected by Government as per law, v} any company incotporated under the Companies Act, 2013, or
() any railway company as defined in the Railways Act, 1989,
(i) any person in whose favour an order has been made
"rope" includes any cable, wire, rail, or way, whether flexible or rigid, used for suspending, carrying or hauling a carrier, if any part of such cable, wire, rail, or way, is carried overhead and is suspended from or supported on posts.
CHAPTER 11
PROCEDURE AND PRELIMINARY INVESTIGATIONS
Every application by an intending promoter other than State Govemnment for permission to undertake necessary preliminary ‘nvestigation in regard to a proposed aerial ropeway shall be submitted to the State Government, . In case of government funded project,there shall be a selection mechanism through bidding System to ensure open participation of intending companies/individual and to sscure elements of competition and transparency.
Central
Act No.
18 of
2013,
Central
ActNo,
2401
1989,
9624 THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 11, 2022
Contents of
application
Preliminary
investigations
4. Every application o be made under section 3 of the Act shall contain all the information relevant to ‘the proposed ropeway and shall include the following:~
(A a description of the undertaking and of the route to be followed by the proposed aerial ropeway; (b) a description of the system of construction and management and the advantages to the community to be €xpeeted from the aerial ropeway;
() an approximate estimate of the cost of construction thereof: (@) a statement of the estimate working expenses and profits
(¢) a statement of the maximum and minimum rates proposed to be
() such maps, plans, seetions, diagrams and other information as the Government may requite in order to form an idea of the proposal;
(8) an application fees of Rupees Five lakhs; (h) number of trees to be affected; and
@ forest and animal corridors on the alignment of ‘ropeway,
Subject to the provisions of this Act and the Right to Fair Comipensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the Government may accord sanction to the promoter to make such surveys, as may be necessary and require to submit such detailed estimates, plans, sanctions, specifications and such further information as it may deem necessary for the full consideration of the proposal. The promoter shall not in any event be entitled to claim any compensation from the Government for any expense incurred under this section: Provided that the estimates, plans, specifications relating to the structural designs, quality of material, factors of safety, method of computing stresses shall be in conformity with those as laid down by the Burean of Indian Standards and shall be duly certified by a qualified Engineer. . Explanation.-For the purposes of this section a “qualified Engm;er” means & post graduate Engineer in structure having such qualifications and experience as may be prescribed.
Central
Act Ne.
300f
2013
THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 11, 2022 9625
Publication of
proposed order
authorising,
construction and
contents-of such
order
6.
CHAPTER IIf
ORDERS AUTHORISING THE CONSTRUCTION OF AERIAL ROPEWAYS
(1) The Government may, on application made by any promoter
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and after due consideration of the details supplied in accordance with section 4, publish in one widely circulated local hewspaper and one widely circulated national newspaper and in the departmental website a draft of the proposed order authorising the construction of an aerial ropeway within any specified area or along a specified route by or on behalf of such promoter, subject to such restrictions and conditions as the Government may deem proper.
A notice shall be published with the draft stating that any objection or suggestion which ‘any person may desire to make with respect to the proposed order shall be taken into consideration, jf submitted to the Government on or before a date to be specified in the notice,
The Government shall cause public notice of the intention to make the order to be given at convenient places within the said area, or along ihe said route and shall, so far as may be conveniently possible, cause a like notice to be served on every owner or oceupier of land over which such route lies, and shall consider any objection or suggestion with respect to the proposed order which may be received from any person within a date to be specified in suchnotice, All applicable Forest and Wildlife clearances shall have to be obtained by the promoter under Forest Conservation Act, 1980 and from State Board of wildlife/National Board of Wildlife.
The draft of the proposed order shall specify:-
@) a time within which the capital required for the construetion of the aerial ropeway shall beraised;
() a time within which the construction shall be commenced;
(i) a time within which the consfruction shall
be completed;
(iv) the condition under which a concession, guaranteg, or financial assistance may be given by the Government
oralocal authority to the promoter;
(v) the right of purchase by the Government or a local
athority; g
(vi) the rules regarding audit and accounts;
(vii) the rules regarding arbitration for the settlement
of disputes;
(vii) the specifications relating to the structural designs,
quality of material, factors of safety, method of computing stresses and other such technjcal details as may be considered necessary; -
Centrai
Act No.
69 of
1980
9626 THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 11, 2022
Final oider
Cessation of
powers given by
an order
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(ix) the rules relating 1o the construction of the aerial
() the conditions undér which the promote; may séll or
(xi) the conditions under-which the aerial ropeway may be taken over by the Government to be worked by itself or by a local authority or by a person other than the promoter;
(i) the motive power to be used on the aerial ropeway and the conditions, if any, on which such power may beused;
(xiif) the minimum headway 1o be maintained under different parts of the rope; (%iv) the minimum headway of 10 meters between the rooftop of the houses or buildings and base of the cabin, in the case of Topeway projects to be build under Public Private Partnership (PPP) mode; (xv) the points under the aerial ropeway at which bridges or i guards shall be constructed and maintained; (xvi). the traffic which may be carried on the fopeway, the traffic which the promoter shall be bound to carry and the'traffic which he may refuse to carry; (xvi) the maximum rates that may be charged by the promoter, and the circumstances in which, and the manner in which, these rates may be revised by the Government;
(xvid) the amount of security, if any, to be deposited by the promoter in the event of his application being granted; and (xix) such other matters as the Government may deem necessary.
If, after considering objections or suggestions which may have been made in respect fo the draft on or before the;specified date, the Government is of the opinion that the application should be granted, with or without modification, or subject or not to any restriction or condition, it may make an order agcordingly. Bvery order authorising the construction of an aerial ropeway shall be published in the Official Gazette, and such publication hall be conclusive proof that the order has been made as requited by this section.
If a promoter authorised by an order to construct an acrial ropeway does not, within the time specified in the order,-
THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 11, 2022 9627
Further order
Inspection of
acrial ropeways
before.opening
Expert
Commitiee
9
10.
1,
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(©)
suceeed in raising the full amount of capital required for the completion of the aerial I0peway;
make, in the opinion of the Government, substantial progress with the constraction of the aerial Topeway; or complete the construction thereof; the powers given to the promoter by such order shall, unless the Government prolongs the time so specified, cease to be exercised, The Government may, on the application of the promoter, Tevoke, amend, or extend the order by a further order, An application for 2 further order shall be made in the same manner, and subject to the same conditions, as an application for an order,
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: b < application shali not be increased, modified or ros i by the further order ‘without the consent in writing of the promoter.
No aerial ropeway shall be opened for any kind of traffic .atil the Government has, by order, sanctioned the opening thereof
reported in writing to the Government,- () that the Expert Committes has made a co inspections of the aeial ropewsy and appurten:
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(e)
opening of additional sections of the serial ropeway, to deviation lines, and to any alternation or reconstructior materfally affecting the siructural character of any work which the provisions of sub-section (1) above apply v 2 extended by this sub-section.
The Government may, by notificatic te OFf constitute one or muore 3 iwes consisting of such:
number of persons, jiaving such knowledge and experience in design, setting up and operating aerial ropeways, and on such terms and conditions as may be [ rescribed.
9628 THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 11, 2022
Dutjes of the
Expert
Commitiee
Appointment of
Inspectors and
their powers artd
duties
12. The Expert Committee shall discharge the following duties, namely:-
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(i)
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1o aid and advise the Government and the Inspector in regard 1o any matter connected with the administration of the Act; and also in regard to-
(a) design, erection or position of any aerial ropeway ot of any work appertaining thereto; (b) the addition to, or the alteration or closure of an aerial ropeways;
(e) the variation of the character of any ropeway or of the mode of use thereof;
@ 1o ensure that the ropeway is fit for public traffic, and no danger is involved in its use; and (e) fixation of the fare rates.
to conduct inspection of aerial ropeways and appurtenances- (a) at the initial stage, before the sanction is granted for its operation under sub-section (1) of section 10 of this Act; (b) subsequently at least twice in a year; {e) on such other occasions as may be directed by the State Government; and
(d) advise Inspectors on operation and maintenance of regulations under this Act.
The Government shall appoint such Chief Inspector and Inspectors of aerial ropeway who have requisite qualification, experience (minimum Graduate in Civil/Mechanical/Electrical long with experience of 10 Years in aerial ropeway) and may fix the fees to be charged to promoters for the performance by them for their duties under this Act and the rules framed thereunder.
The Inspector shall perform following duties:- @ it shall be the duty of Inspector, from time to time, to inspect such topeways and to determine whether they are constructed and maintained in a fit condition and working properly to the entire convenience and safety of the persons using them and of the general public and consistent with the provisions of this Act. (i) to see that the operafion and safety’ measures are strictly followed as per the operation and mainteriance regulations of this Act.
(iii) the Inspector shall inspect. the ropeway and its appurtenances,-
(a) where human beings are corried, atleast once in three months;
(b) where goods are carried, atleast once in a gix ‘months; and
(¢) on such other oceasions as 1may be directed by the State Government.
THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 11, 2022 9629
() The Government may also appoint experts, advisors, consultanit, and other officers with such designations and assign
Powers of 14, An In§pect0r shall, for the purpose of any of the duties which he is Inspectors
Facilities to be 15, afforded to
Inspectors and
Expert Committee
authorized or required fo perform under this Act, be deemed 10 be a public servant within the meaning of the Indian Pena] Code, 1860 and shall, for that purpose, have such powers as may be prescribed by rules made under this A,
The promoter and his employees and agents shall afford to the Inspect‘or or as the case may be, to the members of the Expert
CHAPTER 1V
CONSTRUCTION AND MAINTENANCE OF AERIAL ROPEWAYS
Authority of 16. (1) Subject to the provisions of, and to the rules made under this promoter to
execute works Act, and, in the case of immovable property not belonging to the promoter, to the provisions of any enactment for the time being in force for the acquisition of land for public purposes and for companies, a Ppromoter may,-
() make such survey as he thinks necessary;
(b) place and maintain posts in or upon amy immovable property;
(¢) suspend and maintain a Tope over, along or across any immovable property;
(d) make such bridges, culverts, drains, embankments and roads as may be necessary;
(¢) erect and construct such machinery, offices, stations, warehouses and other buildings, works and conveniences as may be necessary; and
(f) do all other acts necessary for constructing, maintaining altering, repairing and'using the aerial ropeway: Provided that a promoter may take any action under clause (b) or clause(c) of this sub-section, notwithstanding the objection of the owner or oceupier of the property affected thersby, if the Deputy Comumissioner, after giving such owner and occupier by notice in writing, an opportunity of being heard, by an order in writing, permits such action.
Central
Act No.
d5.0f
1860
9630 THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 11, 2022
Temporary entry 17,
upon land for
repairing or
preventing
accident
Removal of
obstructions
18.
(2) When maldng an order under the Pproviso to sub-section (1), the
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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 20. The promoter shall, for the purposss of working an aerial ropeway,
fix rates and subject to such maximum rates as miay be prescribed, have
power, from time to time, to fix the rates for the carrage of
passengersor goods on the aerial ropeway with approval of Expert
Committee.
Fixationiof fare 21. {1) The Government, on the recommendations of the Expert
rates of Public Comunittee, shall fix and notify the maximum limit of the fare
Private rates for the Ropeway Projects build under Public Private
Pal:m@ship and Partnership (PPP) and Built Operate and Transfer (BOT) mode.
Zt‘);l,trgesx;tre (2) Every application made under this section for fixation of fare
Ropesay rates shfxll be decided thh.m a periosl of 90‘days from tl'.le d?te
Pm]ecw of receipt of such application, failing which the application
shall be deemed to have been accepted for fixation of fare rates,
Dutyof” 22. No promoter shall make or give any undue or unreasonable
promoter to ‘preference or advantage to or in favour of any particular person or
work aerial any particular description of traffic in any respect whatsoever, or
ropeway without subjectany particular person or any particular description of traffic to
partiality any undue or unreasonable prejudice or disadvantage in any respect
‘whatsoever.
Reporting of 23. In case where any accident occurs in the course of working in aerial
accidents ropeway, the promoter shall, without unnecessary delay, send notice
of the accident to the Government, Expert Committee. and fo the
Inspector; and the promoter's employee-in-charge of the: station of the
aerial topsway nearest to the place at which the accident occurred, or
where there is no station, the promoter's- employee-in-tharge of the
section of the aerial ropeway on which the accident occurred shall,
with the least possible delay, give notie of the aceident to the
magistrate of the district in which the aceident occurred and to the
officer-in-charge of the police station within the Jocal limits of which
it occwrred or to such other magistrate and police officer as the
Govermment may appoint in this behalf and shall also, if the accident
is attended with loss of human life or serious physieal injury to any
human being, send information to the nearest dispensary.
9632 THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 11, 2022
Rescue
operations
Insurance cover
Power to ¢lose
and reopen
aerial ropeways
24. If the Government incurs any expenditure during any rescue Operation, the promoter shall be liable to pay the expenditure incurred by the Government and in case the promoter fails to pay the whole or part of it, it shall be recoverable as an arrears of land revenue,
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26. (1)
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In case of any accident or mishap, the promoter shall provide comprehensive ipsurance cover, in the manner as may be prescribed, to the persons availing aerial Topeway services of the Ropeway Projects built under Public Private Partnership (PPP) or Built Operats and Transfer (BOT) mode: Provided that the Government shall not be liable for any claim on account of any accident or mishap in such Ropeway Projects.
The rate of comprehensive insurance shall be decided by the Government on the advice of the Expert Committee.
If after inspecting aty aetial ropeway opened to public traffic,
The Doputy Commissioner of the concerned District may issue necessary notifieation for suspension of operation of Ropeway in case of natural and/or man-made disaster or any crisis situation when normaley {s adversely affected by any Iaw and order situation of acts sabotage and/or terrorism,
THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 11, 2022 9633
CHAPTER VI
DISCONTINUANCE OF AERIAL ROPEWAYS
Cessation of 27. 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
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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 30.
promoter to sell
when option to
purchsse niot
exercised and
drderrevoked
by consent.
Proceedingsin 31,
case of inability
orinsolvency or
promater
(6) Whete a purchase has been effected under sub-section (1) or sub- section(5) above,-
(@) the undertaking shall vest in the purchaser free from any debts, mortgages or similar obligations of the promoter or attaching to the undertaking:
Provided that any such debts, mortgages or similar obligations shall attach fo the purchase money in substitution of the undertaking; and
(b) save as aforesaid, the order published under section 7 of the Act shall remain in full force and the purchaser shall be deemed to be the promater:
Provided that where the Government elects to purchase, the order under section 7 of the Act shall, after ‘purchase,
in so far as the 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 Government
or the local authority, as the case maybe.
(8) Notwithstanding anything herein before contained, a local authority may, with the previous sanction of the Governmert,
waive its option to purchase and enter into an agreement with
the promoter for the working by him of the undertaking vntil
the expiration of the next subsequent perivd mentioned in the order or refetred to in clause (b) of sub-section (2) above, upon such terms and conditions as may be stated in the agreement.
Where, on the-expiration of any of the periods réferred to in section 29 of the Act, neither the Government nor local authority purchases the undertaking, and the order published under section 7 of the Act 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 he may thinkfit,
CHAPTER VIII
INABILITY OR INSOLVENCY OF PROMOTER
(1) If, at any time, after the opening of an acrial ropeway, it appears
to the Government that the promter is insolveiit or is unable to
maintain the aerial ropeway or to work the sarmie with advantage
to the public, or at all the Government may, after considering
any statement which the promoter may desire t& make, a'nd
after such enquiry as it deems necessary, declare by notificahqn
in the Official Gazette that the powers of the promoter in
respect of such aerial ropeway, shall, at the expiration of six
months from the date of such declaration, be at an end, @d
thereupon the said powers shall, at the expirati on of that period,
cease and determine.
9636 THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 11, 2022 ————
|
| |
Power of
promoter to
make bye-laws
32.
) At any time after the expiration of the said six months, an officer appomted by the _GOVEmment in that behalf, may
Temedy for the recovery thereof in every | ect as in cases of removal under ;Lec o {twp ! °
CHAPTER IX
BYE-LAWS
(1) A promoter shall, subject to the DProvisions of sub-section (3) of
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this section, 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 desmed to be dangerons or offensive goods and for regulating the carriage of such goods;
{c) for regulating the maximum aumber of passengers and the maximum weight of goods to be carried in each carrier;
(@) for regulating the use of steam power or any other mechanical power or electrical power on the aerial ropeivay;
(&) for regulating the conduct of the promoter’ semployees;
® for regulating the qualifications of the staff employed for Tunning and maintaining the aerial ropeway;
® for regulating the terms and conditions on which the promoter shall 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 aerial ropeway. Such bye-laws may provide that any person who contravenes the provisions of any of them shall be liable to fine which may extend to any sum not exceeding fifty rupees and that, in the case of a breach of & bye-law made under clause (¢) of sub- section (1), the promoter's employee 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. A bye-law made under this section shall not take: effect until it has been confirmed by the 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.
THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 11, 2022 9637
Returns
Protection of
roads, railways,
tramways, and
waterways.
Acqguisition of
land on behalf
of & promoter
Notification of
clainis to'refund
toovercharges
and
compensation
for losses
Power of the
Government to
make rules
33,
34.
35,
36
7.
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
40.
41.
(c) failyto cormply with the provisions of section 15 of the Actior @ failsto Ppay within a reasonable time any compensation awarded
(&) contravenes any of the provisions of section 22 of the Actor ) fails to send notice of any accident ag required by section 23 of the Aet; or
(8 fails to close an aerial ropeway in accordance with an arder
(h) continues to'exervige the powers of a promoter in respect of any aerial LOpeway in contravention of the provisions of section 27
@ fails to comply with the Provisions of section 32 or section 33 ofthe Act; or
() contravenes any of the provisions of section 34 of the Actior (k) contravenes the Pprovisions of any rul¢ made under section 37 of the Act;
If a person, without lawful excuse, the burden of proving which shall lie upon him, wilfully obstructs or impedes any employee of a promoter in the discharge of his duty, he shall be Ppunishable with fine which may extend to five hundred rupees.
If any person, without lawful excuse, the burden of proving which shall lie upon him, wilfully does any of the following things, namely;-
() interferes with, removes or alters any part of an aerial Topeway or of the works connected therewith;
® does anything in such mannér as 0 obstruct any carrier travelling on an aerial Topeway;
(c) attemptsto do or abets within the meaning of the Indiary Penal Code, 1860 the doing of anything mentioned in clause (a) or clause(b); No.45 of
1860
THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 11, 2022 9641
Punishments for 42. (1)
acts or attempts
tending to
endanger safety
Or persons
travelling or
being upon
aerial ropeways
Arrest for
offence against
certain sections
and procedure
thereupon
@
4.
@
If any person does anything mentioned in clause (a), clause (b)
or clause (c) of section 41 of the Act ot does, attempts to do, or
abets, within the meaning of the Indian Penal Code, 1860, the
doing of any other act or thing in relation to an aerial ropeway
with intent, or with knowledge that he is likely to endanger the
safety of any person travelling or being upon the aerial
ropeway, he shall be punishable with imprisonment for a term
which may extend to fourteen years.
If the promoter does anything or omits to do anything,
mentioned in section 39 of the Act, in relation to an aerial
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 aerial ropeway, he shall be
punishable with imprisonment for a term which shall not be less
than one month but may extend to five years.
If any person commils any offence under section 40 or section
410f the Act and obstructs the working of an aerial ropeway or
commits any offence punishable with imprisonment under
section 42 of the Act, he may be arrested without warrant or
other written authority by any employee of the promoter or by
any police officer, or by other persons whom such employee or
officer may call to his aid.
A person so arrested shall, with the least possible dclay, be
taken before a Magistrate having authority to try him or o
comimit him for trial.
GEETANJALI DAS SAIKIA,
Secretary to the Government o1 Assam,
Legislative Department, Dispur, Guwahati-6.
Central
Act
No.45 of
1860
Guwahati : Printed and Published by the Director, Directorate of Printing & Stationery, Assixm, Guwahati-21.
Extracirdinary Gazette No. 1349 - 100+ 10 - 11 - 10 - 2022, (visit at— dpns.assan 1.gov.in)