LexThe Gujarat Aerial Ropeways Act, 1955
Gujarat · state statute
Open in Lexace · Ask the AI about this act[1956: Bom. III
GOVERNMENT OF GUJARAT
LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT
BOMBAY ACT NO. III OF 1956
The Gujarat Aerial Ropeways Act, 1955
(As modified upto the 31st May, 2012)
[1956: Bom. III
CONTENTS
PREAMBLE
SECTIONS.
CHAPTER I.
PRELIMINARY.
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
ADVISORY BOARD AND ESTABLISHMENT.
3. Power of State Government to constitute Advisory Board for aerial ropeways.
4. Appointment of Inspectors and Subordinate Officer a nd servants and their power
and duties.
CHAPTER III
AERIAL ROPEWAYS FOR PUBLIC TRAFFIC.
Procedure and preliminary Investigation.
5. Unauthorized construction, maintenance, etc., of aerial ropeways prohibited.
6. Application for concession.
7. Contents of application.
8. Sanction to preliminary investigation.
Orders authorizing the construction of Ropeways.
9. Order authorizing construction and content of such order.
10. Final order.
11. Cessation of powers given by order under section 10.
12. Opening of aerial ropeways to passenger traffic.
13. Promoter and his servants, etc., to afford facilities to Inspector and other officers.
Inspection of Public Aerial Ropeways.
14. Inspection of aerial ropeway before opening.
14A. Periodical inspection after opening of aerial ropeway.
Construction and Maintenance of Aerial Ropeways for Public Traffic.
15. Authority of promoter to execute all necessary works.
16. Temporary entry upon land for repairing or preventing accident.
17. Removal of trees, structures, etc.
Working of Aerial Ropeway for Public traffic.
18. Promoter may fix rates.
19. Duty of promoter to work aerial ropeway without partiality.
19A. Insurance against the third party risk.
19B. Liability to pay compensation on the principles of no fault.
20. Reporting of accidents.
21. Power of close and re-open aerial ropeway.
Discontinuance of Aerial Ropeways for public Traffic
22. Cessation of promoter on discontinuance of aerial ropeway.
[1956: Bom. III
23. Power of removal of aerial ropeway on cessation of promoter’s powers.
24. Power of State Government and local authorities to purchase aerial ropeways for
public traffic.
25. Power to promoter to sell when option to purchase exercised and order revoked
by consent.
Inability or Insolvency of Promoter
26. Proceedings in case of inability or insolvency of promoter.
27. Lease of aerial ropeway by local authority.
Review and Revision.
28. Review of order under section 10 or 21.
29. Order of Collector subject to revision by State Government.
CHAPTER IV.
PRIVATE AERIAL ROPEWAYS FOR CERTAIN PURPOSES.
30. Application for acquisition of land in case of certain private aerial ropeways.
31. Agreement.
32. Temporary occupation of land in case of private aerial ropeway.
33. Failure of person or promoter to comply with Act.
34. Unlawfully obstructing promoter or lessee in exercise of his powers.
35. Unlawfully interfering with aerial ropeway.
36. Maliciously doing, abetting or attempting to do, acts endangering safety of
persons traveling or being upon aerial ropeway.
37. Arrest for offences against certain sections.
CHAPTER VI
MISCELLANEOUS.
38. Returns.
39. Protection of roads, railways, tramways and waterways.
40. Acquisition of land by promoter.
41. Limitation of claims for damage to animals or goods.
42. Application of Act to certain private aerial ropeways.
43. Inspectors, Officers and servants to be public servants.
44. Protection of persons acting in good faith under this Act.
45. Power of State Government to make rules.
[1956: Bom. III
BOMBAY ACT No. III OF 1956.
[THE GUJARAT AERIAL ROPEWAYS ACT, 1955.]
[22nd February 1956]
Amended by Guj. 20 of 2004.
An Act to authorize, facilitate and regulate the construction and working of aerial
ropeways in the State of Bombay.
WHEREAS it is expedient to authorize, facilitate and regulate the cons truction and
working of aerial ropeways in the state of Bombay; It is hereby enacted in the Sixth Year
of the Republic of India as follows :-
CHAPTER I.
PRELIMINARY.
1. (1) This Act may be called the Gujarat Aerial Ropeways Act, 1955.
(2) It extends to the whole of the State of Bombay.
(3) It shall come into force on such date the state Government may, by
notification in the Official Gazette, appoint.
2. In this Act, unless there is anything repugnant in the subject or context,—
(a) ―aerial ropeway‖ means a system of overhead ropes on which carriers are
used for the purpose of carriage of passengers, animals or goods and
includes posts, ropes, carriers, stations. Offices, warehouses, workshops,
machinery and other works used for the purpose of, or in connection
with, and all land appurtenant to, such aerial ropeway;
(b) ―carrier‖ means any vehicle or receptacle hung or suspended from or,
hailed by, a rope and used for carriage of passengers, animals or goods or
for any other purpose in connection with the working of ropeway ;
(c) ―Inspector‖ means a post an Inspector of aerial ropeway appointed under
section 4 ;
(d) ―post‖ means a post, trestle, standard, strut, stay or other contrivance or
part of a contrivance for carrying, suspending or supporting a rope ;
(e) ―prescribed‖ means prescribed by rules made under this Act ;
(f) ―promoter‖ means any person in whose favour an order has been made
under section 10 or under section 30 or on whom the rights and liabilities
conferred or imposed on the promoter by this Act or by rules and orders
made under this Act as the construction, maintenance and use of aerial
ropeways have developed or have been imposed by section 42 ; and
includes a lessee to whom a lease has been granted under section 27 ;
(g) ―rate‖ includes any fare, charge or other payment for the carriage of
passenger, animals or goods on an aerial ropeway ;
(h) ―rope‖ includes any cable, wire, rail or way, whether flexible or rigid, 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 ;
(i) ―rules‖ means rules made under this Act ;
(j) ―undertaking‖ means all moveable and immoveable property of the
promoter suitable to and used by him for the purpose of an aerial
ropeway.
CHAPTER II
ADVISORY BOARD AND ESTABLISHMENT.
3. (1) The State Government shall. By notification i n the Official Gazette,
constitute an Advisory Board for aerial ropeways.
1[(2) The Advisory Board shall consist of a Chairperson who shall be
the Chief Electrical Inspector and seven other members to be appointed
by the State Government amongst the persons having knowledge or
experience in the fields of ropeway, structural, mechanical, electrical
Short title, extent
and
commencement.
Definitions.
Power of State
Government to
constitute Advisory
Board for aerial
ropeways.
[1956: Bom. III
and metallurgical engineering:
Provided that the Board may invite an expert in the meeting of the Board
and such invitee may take part in the meetings but shall not have right to vote in
the meeting.]
(3) The State Government may, by general or special order, -
(a) define the duties of, and regulate the procedure of, the Advisory
Board ;
(b) determine the tenure of office of the member of the Board ; and
(c) give direction as the payment of fees to, and the traveling
expenses incurred by, any member of such Board in the
performance of this duty.
4. (1) The State Government may appoint such persons as they deem fit to be
Inspector of aerial ropeways.
(2) The Inspector shall exercise such power and perform such functions and
duties as may be provided by or under the provisions of this Act. It sha ll
also be the duty of any such Inspector fro time to time to inspect such
ropeways and to determine whether they are maintained in a fit condition
and such ropeways and to the convenience and safety of the persons
using them and of the general public, and consistently with provisions of
this Act.
(3) The State Government may, also appoint other subordinate officers and
servants with such designations and assign to them such powers, duties
and functions as may be necessary for carrying out the purpose of t his
Act.
CHAPTER III
AERIAL ROPEWAYS FOR PUBLIC TRAFFIC
Procedure and Preliminary Investigation.
5. No aerial ropeway shall be constructed, opened, maintained or worked except in
accordance with provisions of this Act 2[and the rules made thereunder and in
conformity with the provisions of the relevant code of practice of the Bureau of
Indian Standard].
6. Every application by an intending promoter other th an State Government for
permission to undertake the necessary preliminary investigation in regard to a
proposed aerial ropeway shall be submitted to the State Government.
7. Every application to be made under section 6 shall include,-
(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 of the
advantage to the community to be expected from such ropeway ;
(c) an estimate of the cost of construction thereof ;
(d) a statement of the estimated working expenses and profit in respect
thereof ;
(e) a statement of the maximum and minimum rates which it is proposed to
charge;
(f) such maps, plans, section and drawing in c onnection therewith as the
State Government may require in order to form an idea of the proposal.
3[(g) a description of basic engineering design and risk analysis of
ropeway, schemes for safety requirements and emergency plan
for rescue operations;
Appointment of
inspectors and
subordinate officers
and servants and
their powers and
duties.
Unauthorised
construction,
maintenance etc, of
aerial ropeways
prohibited.
Application for
concession.
Contents of
application.
[1956: Bom. III
(h) drawings showing the electrical layouts control circuits, lighting circuits
and earthing systems;
(i) such other information and documents as may prescribed].
8. (1) Subject to the pro visions of this Act, and of section 4 of the Land
Acquisition Act, 1894, the State Government may accord sanction to the
intending promoter to make such surveys as may be necessary, and
require him to submit such detailed estimates, plans, sections and
specification and further information as it may think necessary for the
full consideration of the proposal.
(2) The intending promoter shall not be entitled to claim any compensation
from the State Government for any expense incurred under this section in
the event of his application being refused.
Orders Authorizing the Construction of Ropeways.
9. (1) The State Government may, on application made by any intending
promoter,
and after due considerati on of the details supplied in accordance with section 8, publish
in the Official Gazette a draft of proposed order authorizing the construction by, or on
behalf of, such promoter, subject to such restrictions and conditions as the State
Government may think proper, of an aerial ropeway within any area, or along any route
specified in such order-
(a) for the public carriage of passengers ;
(b) for the public carriage of passengers and goods ;
(c) for the public carriage of animals and goods ; or
(d) for the public carriage of passengers, animals and gods.
(2) A notice shall be published with draft order stating that any objection or
suggestion which any person may desire to make with respect to the
proposed order. If submitted to the State Government within three
months from the date of publication of such notice will be considered by
the State Government.
(3) The State Government shall also cause public notice of the intention to
make the order to be given at convenient places within the said area o r
along the said route. And shall, so far as may be conveniently possible,
cause a like notice to be served on every owner or occupier of land over
which such route lies, and shall consider any objection or suggestion,
with respect to the proposed order, w hich may be received from any
person within the period specified in such notice and decide thereon.
(4) The draft of the proposed order may specify-
(i) a time within which the capital required for the construction of the
aerial ropeway shall be raised ;
(ii) a time within which the construction shall be commenced ;
(iii) a time within which the construction shall be completed ;
(iv) the condition under which any concession may be given the State
Government or a local authority to the promoter ;
(v) subject to the provisions of section 24, the rights of purchase by
the State Government by a Local Authority concerned;
(vi) the condition relating to the structural design, quality of materials,
factors of safety, method of com puting stresses, and other such
technical detail as may be considered necessary 4[and the
requirement of the certificate of a recognised testing laboratory of
the major materials to be used and essential for the safety of the
installation];
(vii) the conditions relating to the construction of the aerial ropeway
over public ways of communication except highways which are or
have been declared by or under any law made by parliament to be
national highways, railways and tramways not wholly withi n a
municipal area, and, with the previous consent of the Central
Government or the railway administration, as the case may be,
over such national highways, railways and tramways or over
Sanction to
preliminary
investigation.
Order authorizing
construction and
contents of such
order.
[1956: Bom. III
mining properties ;
(viii) the condition under which the promoter m ay sell or transfer his
rights to the State Government or to a local authority, or to any
other person ;
(ix) the condition under which the aerial ropeway may be taken over
by the State Government to be worked by itself or by a local
authority or by a person other than the promoter ;
(x) the motive power to be used on the aerial ropeway and the
conditions, if any, on which such power may be used ;
(xi) the minimum headway to be maintained under different parts of
the rope;
(xii) the points under the rope at which bridge or guards shall be
constructed and maintained ;
(xiii) the amount of security, if any, to be deposited by the promoter on
the event of his application being granted ;
(xiv) the traffic which may be carried on the aerial ropeway, t he traffic
which the promoter shall be bound to carry, and the traffic which
he may refuse to carry ;
(xv) subject to the provisions of section 18, the rates that may be
charged by the promoter and circumstances in which and the
manner in which these rat es may be revised by the State
Government ; and
(xvi) such other matters as the State Government may deem necessary.
10. (1) If, after considering any objections or suggestions which may have been
made in respect to the draft before the exp iry of the period of three
month specified in sub -section (2) of section 9, the State Government is
of opinion that the application should be granted with or without
modifications, or subject to any restrictions or conditions, it shall make
an order accordingly.
(2) Every order authorizing the construction of an aerial ropeway made
under sub-section (1) shall be published in the Official gazette, and such
publication shall be conclusive proof that the order has been as required
by this section.
11. If a promoter authorized by an order made under section 10 to construct an aerial
ropeway does not within the time specified in the order –
(a) succeed in raising the full amount of capital required for the co mpletion
of such ropeway, or
(b) substantially commence the construction of such ropeway, or
(c) complete the construction thereof,
the power given to the promoter by such order shall, unless the State Government extends
the time so specified, cease to be exercised.
12. When the construction of an aerial ropeway has been authorized under this Act
for the public carriage of animals and goods only, the State Government may, on
application made by the promoter, sanction the opening of such ropeway for the
public carriage of passengers also.
13. The promoter, his servants, agents or any person acting on his behalf shall afford
to all Inspectors and officers and servants appointed under section 4 reasonable
facilities for the exercise of the power and the performance of the duties and
functions conferred and on them under the provisions of this Act and the rules.
14. (1) No aerial ropeway shall be opened for any kind of traffic until the State
Government or an Inspector empowered by the State Government in this
behalf has, by an order, sanctioned the opening of the thereof for that
purpose. Such sanction shall not be given until rules for the safe and
efficient working of the aerial ropeway have been duly made under
section 45 and an Inspector has, after inspection of the aerial ropeway,
reported in writing to the State Government-
(a) that he has made a careful inspection of the aerial ropeway and
appurtenances;
(b) that the moving and fixed dimensions and other conditions
Final order..
Cessation of powers
given by order
under section 10.
Opening of aerial
ropeway to
passenger traffic.
Promoter and his
servants, etc. to
afford facilities to
Inspectors and other
officers.
Inspection of aerial
ropeway before
opening.
[1956: Bom. III
prescribed under sub -section (4) of section 9 and sub -section (1)
of section 10 have been complied with ;
(c) that the aerial ropeway is sufficiently equipped for the traffic for
which it is intended ;
(d) that the aerial ropeway is, in his opinion, fit for public traffic and
can be used without anger either to the persons, animals, or goods
carried thereon, or to the persons employed thereon, or to the
general public.
(2) The provisions of sub -section (1) shall extend to opening of additional
sections of the aerial ropeway, and to deviation lines and alteration or
reconstruction materially affecting the structural character of any work to
which the provisions of sub-section (1) apply or are extended by this sub-
section.
5[14A. (1) Every aerial ropeway shall be inspected by the Inspector at least once
in a year.
(2) Before the initial inspection is earned out by the Inspector under section
14 or the periodical inspection under sub-section (1), the promoter shall
also submit a report of inspection carried out by an agency
authorised by the Advisory Board in this behalf.]
Construction and Maintenance of Aerial Ropeways for Public Traffic.
15. (1) Subject to the provisions of Act and the rules, and the case of immovable
property not belo nging to the promoter, to the provisions of any
enactment for the time being in force for the acquisition of land for
public purposes a promoter of an aerial ropeway for public traffic may-
(a) make such survey as he thinks necessary;
(b) place and maintain posts in or upon any immovable property.
(c) suspend and maintain a rope over, along or across any immovable
property;
(d) make such bridges, culverts, drains, embankments and roads as
may be necessary;
(e) erect and construct such machinery, o ffices, stations, warehouses
and other building, 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 actio n under clause (b) or clause (c) of this sub -
section, notwithstanding the objection of the owner o occupier of the property affected
thereby, if the Collector, after giving such owner and occupier by notice in writing an
opportunity of being heard, by an order in writing, permits such action.
(2) When making an order under the proviso to sub-section (1), the Collector
shall fix the amount of compensation or of 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.
Explanation – For the purposes of this section, if a promoter is not a company within the
meaning of the Indian Companies Act, 1913, or a local authority s uch promoter shall be
deemed to be c company and the provisions of Part VII of the Land Acquisition Act,
1894, shall mutatis matandis apply to the acquisition of immovable property on his
behalf.
16. (1) Subject to the rules, a promoter may, at any time, for the purpose of
examining pairing or altering an aerial ropeway or of preventing any
accident, enter upon any immovable property adjoining such ropeway for
public traffic, and may do all su ch works as may be necessary for such
purposes.
(2) In the exercise of the powers conferred by sub -section (1), the promoter
shall cause as little damage as possible, and compensation shall be paid
by him for any damage so caused; and in case of dispute as to the amount
of such compensation, or the person to whom it shall be paid, the matter
shall be referred to the decision of the Collector.
Periodical
inspection after
opening of aerial
ropeway.
Authority of
promoter to execute
all necessary works.
Temporary entry
upon land for
repairing or
preventing accident.
[1956: Bom. III
17. (1) Where any tree standing or lying near an aerial ropeway for public
traffic, or where any structure or other object which has been placed or
had fallen near any such ropeway subsequently to the issue of any order
under section 10 in regard to such ropeway, interrupts or interfaces with,
or is likely to interrupt or interface w ith, the construction, maintenance,
alternation or use of the ropeway, the Collector may, on the application
of the promoter cause the tree, structure or object to be removed or
otherwise delay with as he thinks fit.
(2) When disposing of an application u nder sub -section (1), the Collector
shall in the case of any tree in existence before the construction of the
aerial ropeway, award to the person interested in the tree such
compensation, if any, as he thinks reasonable and the Collector may
recover the same from the promoter as an arrear of land revenue.
Explanation- For the purposes of this section, the expression ―tree‖ shall be deemed to
include any shrub, hedge, jungle growth or other plant.
Working of Aerial Ropeway for Public Traffic
18. The promoter of an aerial ropeway for public traffic shall, for the purposes of
such ropeway, and subject to such maximum and minimum rates as may be
prescribed, have power from time to fix the rates for the carriage of passengers,
animals or goods, as the case may be, on such ropeway.
19. No promoter shall, for the purposes of working an aerial ropeway for public
traffic make or give any undue or unreasonable preference or advantage to, or in
favour of any particular person or any particular description off traffic in any
respect whatsoever, or subject any particular person or any particular description
of traffic to any undue or unreasonable prejudice or disadvantage in any respect
whatsoever.
6[19A. (1) The promoter of every aerial ropeway shall obtain a policy or
insurance in respect of the aerial ropeway from an authorised
insurer recognised under the relevant insurance law.
(2) The policy of insurance obtained by the promoter under sub -section (1) shall
cover the insurance of the person traveling in the aerial ropeway including
those persons employed by the promoter in connection with the operation of
such aerial ropeway aga inst any liability which may be incurred by him in
respect of the death of or bodily injury to any person including of trie goods
or his authorized representatives carried in the aerial ropeway or damage to
any property of third party caused by or arising out of the use of aerial
ropeway.
19B. (1) Where death or permanent disablement of any person has resulted from
an accident arising out of the use of aerial ropeway, the promoter or
promoters of the aerial ropeway snail jointly and severally, be liable to pay
compensation in respect of such death or disablement of any person.
(2) The amount of compensation to be paid under sub section (1) shall be a
fixed sum of rupees two lacs in case of death of any person and rupees fifty
thousand in case of permanent disablement of any person and in the case of
minor injuries such sum not exceeding rupees twenty -five thousand as
may be determined by the Advisory Board.
(3) A claim for compensation under sub -section (1) shall neither be defeated
by reason of any wrongful act, neglect or default of the person in
respect of whose death or permanent disablement, the claim has been
made nor shall be quantum of compensation recoverable in respect
of such death o r permanent disablement be reduced on the basis :of the
share of such person in the responsibility for such death or permanent
Removal of trees,
structures, etc.
Promoter may
fix rates..
Duty of promoter to
work serial
ropeway without
partiality.
Insurance against
the third party risk.
Liability to pay
compensation on
the principles of no
fault.
[1956: Bom. III
disablement.
(4) The right to claim compensation under this section in respect of death or'
permanent disablement of any person shall be in addition to the right of
any such person to claim compensation in respect thereof under any other law
for the time being in force:
Provided that the amount of compensation payable under any other law for
the death or bodily injury shall be redu ced from the amount of
compensation payable under this section.]
20. When any of the following accidents occur in the course of working an aerial
ropeway for public traffic, namely-
(a) any accident attended with loss of human life or with grievous hurt as
defined in the Indian Penal Code, or with serious injury to property;
(b) any accident of a description usually attended with loss of human life or
with such grievous hurt as aforesaid or with serious injury to property;
(c) any accident of any other description which the State Government may
specify in this behalf in the rules,
the promoter shall, without unnecessary delay, 7[give intimation to the State
Government and to the Inspector and send a notice of the accident to the Sta te
Government and to the Inspector in such form and within such period as may be
prescribed] and the servant of the promoter in charge of the station on the aerial ropeway
nearest to the place at which the accident occurred or, where there is not station, the
promoters, servant in charge of the section of the aerial ropeway on which the accident
occurred shall with the least possible delay, give notice of the accident in
8[Commissioner of Police in the City area] and elsewhere to the Magistrate of the distr ict
in which the accident occurred and to the officer in charge of the police station within the
local limits of which such accident occurred.
21. (1) If, after inspection any aerial ropeway opened to public traf fic an power
to Inspector is of opinion that the aerial ropeway or any specified part
thereof cannot be used without danger to the public, or is no longer in a
fit state for the carriage of any specified class of traffic, he shall state that
opinion, together with the ground therefore, to the State Government.
(2) The State Government, after such further inquiry, if any, as it may think
fit, may thereupon order that, for reasons, to be set forth in the order, the
aerial ropeway, or the part thereof so spec ified, be closed to all traffic or
to any specified class of traffic.
Provided that, in any case of extreme urgency, the Inspector may order the suspension of
the working of the ropeway or any part thereof which he considers necessary pending the
orders of the State Government on the case.
(3) When, under sub -section (2) an aerial ropeway or any part thereof has
been closed to any traffic, it shall not be re-opened to such traffic, until it
has been inspected and its re -opening sanctioned, in the prescribe d
manner.
Discontinuance of Aerial Ropeways for Public Traffic
22. If, at any time after the opening of an aerial ropeway for public traffic, it is
proved to the satisfaction of the Stat e Government that the promoter has,
continuously for a period of three months or more discontinued the working of
the serial ropeway or of any part thereof, without a reason sufficient, in the
opinion of the State Government, to warrant such discontinuance , the State
Government, if it thinks fit, may by notification in the Official Gazette, declare
that the powers of the promoters in respect of such ropeway or part thereof shall
be at an end with effect from the date of the publication of such notification the
promoter shall cease to exercise such powers.
Reporting of
accidents.
Power to close and
re-open aerial
ropeway.
Cessation of powers
of promoter on
discontinuance of
aerial ropeway.
[1956: Bom. III
23. (1) When a notification has been published under section 22, in respect of
any aerial ropeway or of any part thereof-
(a) an officer appointed in that behalf by the State Government may,
at any time after the expiration of two months from the date of
such notification, remove such ropeway or part thereof, as the
case may be; and.
(b) the promoter shall pay to the officer so appoin ted 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-
(a) may, without any previous notice to the promoter and without
prejudice and dispose of the materials of the aerial ropeway or
part thereof so removed; and
(b) may, out of proceeds of the sale, pay and reimburse himself the
amount of costs certified as aforesaid and of the costs of the sale;
and
(c) shall pay the surplus, if any, of such proceeds to the promoter.
Purchase of Aerial Ropeways for Public Traffic
24. (1) When an order under section 10 has been made in favour of promoter of
any aerial ropeway for public traffic not being a local authority, the State
Government, or a local authority specified in the order published under
the said section 10 shall on the expiration of such period not exceeding
twenty-one years, and of every such subsequent period, not exceeding
seven years, as shall be specified in such order, have the option of
purchasing the under taking and if the State Government, or the l ocal
authority with the previous sanction of the State Government, elects to so
purchase the undertaking the promoter shall sell the undertaking to the
State Government or to the local authority, as the case may be, on
payment of the value of all lands, bu ildings, works, materials, plants and
apparatus of the promoter suitable to and used by him for the purposes of
the undertaking, such value to be in case of difference or dispute
determined by arbitration;
Provided that the value of such lands, buildings, works, materials, plants and apparatus
shall be deemed to the their fair market value at the time of purchase, due regard being
had to the rapture and condition for the time being of such lands, buildings, works,
materials, plant and apparatus and to the s tate of repair thereof, and to the circumstances
that they are in such a position as to be ready for immediate working, and to the
suitability of the same for the purposes of the undertaking.
(2) Where a purchase has been effected under sub-section (1)
(a) the undertaking shall vest in the purchase 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 to the
purchase money in substitution for the undertaking; and
(b) save as aforesaid, the order published under section 10 shall
remain in full force, and the purchaser shall be deemed to the
promoter:
Provided that where the State Government elects to purchase, the order under sect ion 10
shall, after purchase, in so far as the State Government is concerned, cease to have any
further operation but all the other provisions of this Act excepting section 33 in so far as
they relate to aerial ropeways for public traffic shall apply in re spect of the undertaking
so purchased by the State Government.
(3) Not less than two years’ notice in writing of any election to purchase
under this section shall be served upon the promoter by the State
Government or the local authority, as the case may be.
(4) Notwithstanding anything hereinbefore contained, a local authority may
with the previous sanction of the State Government, waive its option to
Power of removal
of aerial ropeway
on cessation of
promoter’s powers.
Power of State
Government and
local authorities to
purchase aerial
ropeways for public
traffic.
[1956: Bom. III
purchase and enter in to an agreement with the promoter for the working
by him of the undertaking until the expiration of the next subsequent
period referred to in sub -section (1) upon such terms and conditions as
may be stated in the agreement.
25. Where, on the expira tion of any of the periods referred to in section neither the
State Government nor a local authority purchases the undertaking, and the order
published under section 10 is, on the application or with the corsent of the
promoter, revoked, the promoter shall have the option of disposing of all lands,
buildings, works, materials, plant and apparatus belonging to the undertaking in
such manner as he may think fit.
Inability or Insolvency of Promoter.
26. (1) If, at any time after the opening of an aerial ropeway for public traffic it
appears to the State Government that the promoter is insolvent or is
unable to maintain the aerial ropeway, or the work the same with
advantage to the public or to work it at all, the State Government may
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 promoter shall, at the expiration of that
period cease to exercise such powers.
(2) At any time after the expiration of the said period of six months, an
officer appointed by the State Government in that behalf, may
notwithstanding anything contained in the presidency Towers Insolvency
Act, 1909, or th e Provincial Insolvency Act, 1920, remove the aerial
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 23.
27. (1) Where the promoter of an aerial ropeway for public traffic is a local
authority or where a local authority has purchased any such ropeway
under section 24, such local authority may with the previous sanction o f
the State Government and subject to such conditions as the State
Government may think fit to impose, let to any person, by a lease, the
right of user of the aerial ropeway and of demanding and taking the rates
for the carriage of passenger, animals or go ods, as the case may be, on
such ropeway subject to such maximum and minimum rates as may be
prescribed.
(2) On the determination of such lease, the local authority may from time to
time renew the lease for such further term and on such condition as the
State Government may approve.
(3) Every lease may under this section shall imply a condition of re -entry if
at any time after the making or renewal thereof, it is proved to the
satisfaction of the State Government that the lessee has practically
discontinued the working of the aerial ropeway so leased or of any pert
thereof for a period of one month without a reason sufficient in the
opinion of the State Government to warrant the discontinuance.
(4) Any person to whom any right of the promoter is let by a lease under
sub-section (1) or (2) shall furnish the local authority with security for
such amount as the local authority may determine for the due fulfillment
of the conditions of the lease.
(5) Any person to whom any right of the promoter is let under s ub-section
(1) or (2) shall not exercise such right except in accordance with the
conditions of the lease and the provisions of this Act and the rules and
the case of a contravention of any of the provisions of this Act or the
rules he shall be subject to the same liability as a promoter.
Review and Revision.
28. (1) When any person is aggrieved by an order made under section 10 or
under section 21, such person, on payment of the prescribed fees, may
within thirty da ys of the said order, apply to the State Government for
review of the same, and the State Government shall then take the advice
of the Advisory Board in the prescribed manner and shall consider such
advice and pass such order in the matter as the State Gov ernment may
think to be just and proper.
Power to promoter
to sell when option
to purchase
exercised and order
revoked by consent.
Proceedings in case
of inability or
insolvency of
promoter.
Lease of aerial
ropeway by local
authority.
Review of orders
under section 10 of
21.
[1956: Bom. III
(2) With a view to enabling the Board to tender their advice under sub -
section (1) the Board, with the consent of the State Government and on
payment of such further fees as may be prescribed, may make such
further inquiry into the matter as the Board may consider to be necessary.
29. No suit shall lie, in respect of any matter referred to in the proviso to sub -section
(1) or sub -section (2) of section 15, section 16 or sub -section (1) of section 17,
but every order made by the Collector under any of these sections. And every
award made by him under sub -section (2) of section 17 shall be subject to
revision by the State Government except in case of an award of compensation
made by the Collector on account of action taken under clause (b) or (c) of sub -
section (1) of section 15, which award shall be subject to 9[revision by a Judge of
the City Civil Court in in the City of Ahmedabad and elsewhere by the Distri ct
Judge].
CHAPTER IV.
PRIVATE AERIAL ROPEWAYS FOR CERTAIN PURPOSES
30. (1) Where the State Government is satisfied that the construction, extension,
working or management of a n aerial ropeway for private traffic is likely
to prove useful to the public by reason of its facilitating the transport of
commodities, in general use or is required for the conservation or supply
of such commodities and where the intending promoter of su ch ropeway
is desirous of obtaining any land for the purpose of such construction,
extension, working or management, the State Government may, on the
application of such promoter, acquire on his behalf such land under the
provisions of any enactment for th e time being in force for the
acquisition of land for public purpose or procure the temporary
occupation of the same under the provisions of Part VI of the Land
Acquisition Act, 1894, whether the said intending promoter is or is not a
company as defined in that Act.
(2) The State Government shall, by notification in the Official Gazette ,
declare the commodities which shall be deemed to be commodities in
general use for the purposes of sub-section (1).
Explanation.- For the p urposes of this Act, if a promoter is not a company within the
meaning of 10[the Companies Act, 19 56], or a local authority, such promoter shall be
deemed to be a company and the provisions of Part VII of the Land Acquisition Act,
1894, shall mutatis mutandi s apply to the acquisition of immovable property on his
behalf.
31. (1) No order shall be made by the State Government under -section (1) of
section 30 until an inquiry has been held as hereinafter provided and the
intending promoter has entered into an agreement with the State
Government in respect of the matters mentioned in sub-section (4).
(2) Such inquiry shall be held by the officer and at such time and place as
the State Government shall appoint.
(3) Such officer may summon and enforce the attendance of witnesses and
compel the production of documents by the same means and, as far as
possible in the same manner as is provided by the Code of Civil
Procedure, 1908, in the case of civil court.
(4) Such officer shall report to the State Government the result of the
inquiry, and if the State Government is satisfied that the aerial ropeway
is or is likely to be useful to the public, it shall, subject to the rules,
require the intending promoter to enter into an agreement with the Stat e
Government providing to the satisfaction of the State Government for the
following matters, namely :-
(a) the terms on which the aerial ropeway shall be held by the
promoter ;
(b) the time within which, and the conditions on which, the aerial
ropeway shall be constructed, maintained and used.
(5) Every such agreement shall, soon as may be after its execution, be
published in the Official Gazette.
Orders of Collector
subject to revision
by State
Government.
Application for
acquisition of land
in case of certain
private aerial
ropeways.
I of 1894
1 of 1956.
I of 1894
Agreement.
V of 1908.
[1956: Bom. III
32. If land to be occupied temporarily in accordance with the provisions of sub -
section (1) of sections 30 on behalf of the promoter of an aerial ropeway for
private traffic, and if the State Government, on the application of the promoter,
so directs, then the provisions of Part VI of the Land Acquisition Act, 1894, shall
apply to such occupation, subject to the provisions that, notwithstanding anything
contained in section 36 of the Land Acquisition Act, 1894, the occupation
payable to the persons interested in such land shall be fixed with due r egard to
any additional loss or inconvenience caused to them by reason of such period of
occupation, including loss caused by the interruption of the getting of minerals
by reasons of such occupation.
CHAPTER V.
OFFENCES, PENALTIES AND ARREST.
33. (1) If any person constructs, opens, maintains or works any aerial ropeway,
in contravention of the provisions of section 5, or
(2) If any promoter of an serial ropeway for public traffic-
(a) constructs or main tains an aerial ropeway otherwise than in
accordance with the provisions of an order made under section 10,
or
(b) fails to comply with the provisions of section 13, or
(c) opens an aerial ropeway or permits is to be opened in
contravention of any of the provisions of section 14, or
11[(cc) fails to carry out inspection under sub -section (2) of section I4A,
or]
(d) fails to pay within a reasonable time any compensation awarded
under section 15, 16, 17 or 29, or
(e) contravenes any of the provisions of section 19, or
12[(ee) fails to obtain policy of insurance under sub -section (l) of section
19A, or
(eee) fails to pay within reasonable time, compensation payable under
section 19B, or]
(f) fails to send notice of any accident as required by section 20, or
(g) fails to close an aerial ropeway in accordance with an order
passed under sub-section (1) of section 21, or re -opens any aerial
ropeway in contravention of sub-section (2) of that section, or
(h) continues to exercise the power s of a promoter in respect of any
aerial ropeway, in contravention of the provisions of section 22 or
section 26, or
(i) fails to comply with the provisions of section 38, or
(j) contravenes any of the provisions of section 39, or
(k) contravenes the provisions of any rule made under section 45,
such person or the promoter, as the case may be, 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, on conviction, be punished with fire which
may extend to 13[ten thousand rupees] and, in the case of a continuing offence, to a
further fine which may extend in the case of any offence specified in sub -clause (d), (c),
(f), (i) or (k) of clause (2) to 14[two thousand five hundred rupees], and in the case ofExcerpt shown. Open the full act in Lexace.