LexThe Himachal Pradesh Aerial Ropeways Act, 1968
Himachal Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE HIMACHAL PRADESH AERIAL ROPEWAYS ACT, 1968
ARRANGEMENT OF SECTIONS
Sections:
CHAPTER 1
PRELIMINARY
1. Short title and extent.
2. Definitions.
CHAPTER II
PROCEDURE AND PRELIMINARY INVESTIGATION
3. Application for concession.
4. Contents of application.
5. Preliminary investigations.
CHAPTER III
ORDERS AUTHORISING THE CONSTRUCTION OF
AERIAL ROPEWAYS
6. Publication of proposed order authorising const ruction and
contents of such order.
7. Final order.
8. Cessation of powers given by an order.
9. Further order.
10. Inspection of aerial ropeways before opening.
11. Appointment of Inspectors.
12. Powers of Inspectors.
12-A. Expert Committee.
13. Facilities to be afforded to Inspectors and Ex pert Committee.
CHAPTER IV
CONSTRUCTION AND MAINTENANCE OF AERIAL
ROPEWAYS
14. Authority of promoter to execute works.
15. Temporary entry upon land for repairing or pre venting accident.
16. Removal of obstructions.
17. Orders of Collector subject to revision by Sta te Government.
CHAPTER V
WORKING OF AERIAL ROPEWAYS
18. Promoter may fix rates.
H. P. AERIAL ROPEWAYS ACT, 1968
2
18-A. Fixation of fare rates of Public Private Part nership and Built
Operate and Transfer Ropeway Projects
19. Duty of promoter to work aerial ropeway withou t partiality.
20. Reporting of accidents.
20-A. Rescue operations
20-B. Insurance cover.
21. Power to close and reopen aerial ropeways.
CHAPTER VI
DISCONTINUANCE OF AERIAL ROPEWAYS
22. Cessation of power of promoter on discontinuanc e of aerial
ropeway.
22-A. Rescue Operations.
23. Powers of State Government to remove aerial rop eway on
cessation of promoter's powers.
CHAPTER VII
PURCHASE OF AERIAL ROPEWAYS
24. Power of State Government and local authoritie s to purchase
aerial ropeways.
25. Power of promoter to sell when option to purcha se not exercised
and order revoked by consent.
CHAPTER VIII
INABILITY OR INSOLVENCY OF PROMOTER
26. Proceedings in case of inability or insolvency of promoter.
CHAPTER IX
BYE-LAWS
27. Power of promoter to make bye-laws.
CHAPTER X
SUPPLEMENTARY PROVISIONS
28. Returns.
29. Protection of roads, railways, tramways and wa terways.
30. Acquisition of land on behalf of a promoter.
31. Notification of claims to refund of overcharge s and
compensation for losses.
CHAPTER XI
RULES BY THE STATE GOVERNMENT
32. Power of State Government to make rules.
H. P. AERIAL ROPEWAYS ACT, 1968
3
CHAPTER XII
OFFENCES, PENALTIES AND ARRESTS
33. Failure of promoter to comply with Act.
34. Unlawfully obstructing promoter's servant in d ischarge of his
duty.
35. Unlawfully interfering with aerial ropeways.
36. Punishments for acts or attempts tending to en danger safety of
persons travelling or being upon aerial ropeways.
37. Arrest for offence against certain sections an d procedure
thereupon.
38. Repeal and savings.
___________
THE HIMACHAL PRADESH AERIAL ROPEWAYS ACT, 1968
(ACT NO. 7 OF 1969)
1
(Received the assent of the President of India on t he 11 th March, 1969,
and was published in R. H. P. Extra., dated the 10 th July, 1969, p. 627-641).
Amended, repealed or otherwise affect by,-
(i) H.P. Act No. 13 of 1995
2, assented to by the Governor on the 21 st
November, 1995, published both in Hindi and English in R.H.P.
(Extra-ordinary), dated 22 nd November, 1995, p. 4649-4656.
(ii) H.P. Act No. 4 of 2016 3 assented to by the Governor on the 3 rd
May, 2016, published both in Hindi and English in R .H.P. dated
16 th May, 2016 at pages 854-858. Effective w.e.f. 10.11.2015.
An Act to authorise, facilitate and regulate the co nstruction and working
of aerial ropeways in Himachal Pradesh.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the
Nineteenth Year of the Republic of India as follows :-
CHAPTER 1
PRELIMINARY
1. Short title and extent .-(1) This Act may be called the Himachal
Pradesh Aerial Ropeways Act, 1968.
(2) It extends to the whole of Himachal Pradesh.
1. For Statement of Objects and Reasons, see R. H. P. (Exgtra-Ordinary), dated the
8th July, 1968, P. 580. For its Authoritative Hindi Te xt see R. H. P. Extra, dated 3-
1-1987, p. 57.
2. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons, see R. H. P. (Extra-ordinary), dated 29.9.1995, p. 3958 & 3964.
3. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see R.H.P. dated 3.12.2015, p. 5838 & 5841.
H. P. AERIAL ROPEWAYS ACT, 1968
4
2. Definitions .- In this Act, unless there is anything repugnant in the
subject or context,-
(a) "Aerial ropeway" means an aerial ropeway (or an y portion
thereof) for the public carriage of passengers, ani mals or goods,
and includes all ropes, posts, carriers, stations, offices,
warehouses, workshops, machinery and other works us ed for the
purposes of or in connection with, and all land app urtenant to,
such aerial ropeway;
(b) "carrier" means any vehicle or receptacle hung or suspended
from, or hauled by, a rope and used for the carriag e of
passengers, animals or goods or for any other purpo se in
connection with the working of an aerial ropeway;
(c) "circle" in relation to a local authority mean s the area within the
control of that authority;
(d) "Collector" means the Deputy Commissioner of a district and
includes any person appointed by the Government for the
purpose of this Act;
1[(dd) “Expert Committee" means a Committee constit uted under
section 12-A of this Act;]
(e) “Inspector" means an Inspector of aerial ropew ays appointed
under this Act;
(f) “local authority" means a Municipal Committee, Small Town
Committee, Notified Area Committee, Gram Panchayat, Zila
Parishad or other authority legally entitled to, or entrusted by the
Government with, the control or management of a mun icipal or
local fund;
(g) “Official Gazette" means the Rajpatra, Himacha l Pradesh;
(h) “order" means an order authorising the constru ction of an aerial
ropeway under this Act, and includes a further orde r substituted
for, or amending, extending or revoking that order;
(i) "Post" means a post, trestle, standard, strut, stay, or other
contrivance or part of a contrivance for carrying, suspending or
supporting a rope;
(j) "prescribed" means prescribed by rules made by the State
Government under this Act;
(k) "promoter" means-
(i) the State Government,
(ii) a local authority,
(iii) any person,
1. Clause (dd) inserted vide Act No. 13 of 1995.
H. P. AERIAL ROPEWAYS ACT, 1968
5
(iv) any company incorporated under the Companies A ct, 1[2013],
or
(v) any railway company as defined in the 2[Railways Act, 1989
(24 of 1989)],
in whose favour an order has been made under sectio n 7, or on whom
the rights and liabilities conferred and imposed on the promoter by this Act,
and by rules and orders made under this Act, as to the construction,
maintenance and use of an aerial ropeway, have devolved;
(l) "rate" includes any fare, charge or other paym ent for the
carriage of passengers, animals or goods;
(m) "rope" includes any cable, wire, rail, or way, whether flexible
or rigid, for suspending, carrying or hauling a car rier, if any
part of such cable, wire, rail, or way, is carried overhead and is
suspended from or supported on posts; and
(n) "State Government" or "Government" means the G overnment
of Himachal Pradesh.
CHAPTER II
PROCEDURE AND PRELIMINARY INVESTIGATIONS
3. Application for concession .-Every application by an intending
promoter other than the State Government in regard to a proposed aerial
ropeway for permission to undertake the necessary p reliminary investigations
shall be submitted to the State Government.
4. Contents of application .- Every such application shall include,-
(a) a description of the undertaking and of the ro ute to be followed
by the proposed aerial ropeway;
(b) a description of the system of construction an d management and
the advantages to the community to be expected from the aerial
ropeway ;
(c) an approximate estimate of the cost of constru ction thereof;
(d) a statement of the estimate working expenses a nd profits
expected;
(e) a statement of the maximum and minimum rates p roposed to be
charged; and
(f) such maps, plans, sections, diagrams and other information as the
State Government may require in order to form an id ea of the
proposal.
1. Substituted for the figures "1956" vide Act No. 4 of 2016, w.e.f. 10.11.2015.
2. Substituted for the words, figures and signs "In dian Railways Act, 1890 (9 of
1890)" vide Act No. 4 of 2016 w.e.f. 10.11.2015.
H. P. AERIAL ROPEWAYS ACT, 1968
6
5. Preliminary investigations .- Subject to the provisions of this Act
and 1[the Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 (30 of 20 13)], the State
Government may accord sanction to the promoter to m ake such surveys, as
may be necessary and require him to submit such det ailed estimates, plans,
sanctions, specifications and such further informat ion as it may deem
necessary for the full consideration of the proposa l. The promoter shall not in
any event be entitled to claim any compensation from the Government for any
expense incurred under this section:
2[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 Bureau of
Indian Standards and shall be duly certified by a qualified structural Engineer.
Explanation .-For the purposes of this section a “qualified str uctural
Engineer” means a graduate Engineer having such qua lifications and
experience as may be prescribed.]
CHAPTER III
ORDERS AUTHORISING THE CONSTRUCTION OF AERIAL
ROPEWAYS
6. Publication of proposed order authorising, const ruction and
contents of such order .- (1) The State government may, on application mad e
by any promoter and after due consideration of the details supplied in
accordance with section 5, publish in the Official Gazette a draft of the
proposed order authorising the construction of an a erial ropeway within any
specified area or along any specified route by or o n behalf of such promoter,
subject to such restrictions and conditions as the State Government may deem
proper.
(2) A notice shall be published with the draft stat ing that any
objection or suggestion which any person may desire to make with respect to
the proposed order will, if submitted to the State Government on or before a
date to be specified in the notice, be received and considered.
(3) The State Government shall cause public notice of the intention to
make the order to be given at convenient places wit hin the said area, or along
the said route and shall, so far as may be convenie ntly possible, cause a like
notice to be served on every owner or occupier of l and over which such route
lies, and shall consider any objection or suggestio n with respect to the
proposed order which may be received from any perso n within a date to be
specified in such notice.
(4) The draft of the proposed order may specify: -
(i) a time within which the capital required for t he construction
of the aerial ropeway shall be raised;
1. Substituted for the words, figures and signs "of section 4 of the Land Acquisition
Act, 1894 (1 of 1894)" vide Act No. 4 of 2016, w.e.f. 10.11.2015.
2. Proviso and Explanation to section 5 added vide Act No. 13 of 995.
H. P. AERIAL ROPEWAYS ACT, 1968
7
(ii) a time within which the construction shall be commenced;
(iii) a time within which the construction shall b e completed;
(iv) the condition under which a concession, guara ntee, or
financial assistance may be given by the State Government or
a local authority to the promoter;
(v) the right of purchase by the State Government o r a local
authority;
(vi) the rules regarding audit and accounts;
(vii) the rules regarding arbitration for the settl ement of disputes;
(viii) the specifications relating to the structur al designs, quality of
material, factors of safety, method of computing st resses and
other such technical details as may be considered necessary;
(ix) the rules relating to the construction of the aerial ropeway
over roads and other public ways of communication, except
railways as defined by the Constitution and, with the previous
sanction of the Central Government, over such railways;
(x) the conditions under which the promoter may sel l or transfer
his rights to the State Government, or to a local a uthority, or
to a person;
(xi) the conditions 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;
(xii) the motive power to be used on the aerial rop eway and the
conditions, if any, on which such power may be used;
(xiii) the minimum headway to be maintained under different parts
of the rope;
1[(xiii-a) the minimum headway of 10 meters between the rooftop of
the houses or buildings and base of the cabin, in t he case of
ropeway projects to be build under Public Private P artnership
(PPP) mode;]
(xiv) the points under the aerial ropeway at which bridges or
guards shall be constructed and maintained;
(xv) the traffic which may be carried on the ropewa y, the traffic
which the promoter shall be bound to carry and the traffic
which he may refuse to carry;
(xvi) the maximum 2[XXXX] rates that may be charged by the
promoter, and the circumstances in which, and the m anner in
which, these rates may be revised by the State Government;
1. Clause(xiii-a) inserted vide Act No. 4 of 2016, w.e.f. 10.11.2015.
2. In clause (xvi) the words "and minimum" omitted vide Act No. 13 of 1995.
H. P. AERIAL ROPEWAYS ACT, 1968
8
(xvii) the amount of security, if any, to be deposi ted by the
promoter in the event of his application being granted; and
(xviii) such other matters as the State Government may deem
necessary.
7. Final order .- (1) If, after considering objections or suggesti ons
which may have been made in respect to the draft on or before the specified
date, the State Government is of the opinion that t he application should be
granted, with or without modification, or subject o r not to any restriction or
condition, it may make an order accordingly.
(2) Every order authorising the construction of an aerial ropeway shall
be published in the Official Gazette, and such publ ication shall be conclusive
proof that the order has been made as required by this section.
8. Cessation of powers given by an order .- If a promoter authorised
by an order 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
completion of the aerial ropeway;
(b) make, in the opinion of the State Government, substantial progress
with the construction of the aerial ropeway; or
(c) complete the construction thereof;
the powers given to the promoter by such order shal l, unless the State
Government prolongs the time so specified, cease to be exercised
9. Further order .- (1) The State Government may, on the application
of the promoter, revoke, amend, or extend the order by a further order.
(2) An application for a further order shall be mad e in the same
manner, and subject to the same conditions, as an application for an order.
(3) If the State Government grants the application it shall make the
further order in the same manner as an order, excep t that the rights, powers
and authorities asked for in the said application s hall not be increased,
modified or restricted by the further order without the consent in writing of
the promoter.
10. Inspection of aerial ropeways before opening .- (1) No aerial
ropeway shall be opened for any kind of traffic unt il the State Government
has, by order,
1sanctioned the opening thereof for that purpose. Th e sanction
of the State Government under this section shall no t be given until an
Inspector has reported in writing to the State Government,-
1. Opening of Aerial Ropeway "Timber Trail Resort a nd Banser Hill Top" near
Parwanoo in Solan District sanctioned vide Not. No. PBW (B&R) (b)3(5)-1/84,
dated 7 th April, 1988 published in R. H. P. dt. 4 th Dec. 1993 and Aerial Ropeways
at Shri Naina Devi Ji, District Bilaspur was opened vide No.
PBW(B&R)(B)3(6)4/93. dated 29 th July, 1997 and published in Hindi in R.H.P.
(Extra-Ordinary), dated 4.8.97, p.2953-2954].
H. P. AERIAL ROPEWAYS ACT, 1968
9
(a) 1[that he as well as the Expert Committee has made a careful
inspections] of the aerial ropeway and appurtenances;
(b) that the moving and fixed dimensions and other conditions
prescribed under the order have been complied with;
(c) that the aerial ropeway is sufficiently equippe d for the traffic
for which it is intended;
(d) that the bye-laws and working rules prescribed by sections 27
and 32 have been duly made, approved, and promulgat ed in the
manner prescribed in those sections; and
(e) that in his opinion 2[as well as in the opinion of Expert
Committee] the aerial ropeway is fit for public tra ffic and can
be used without danger to the public using it, or t o the person
employed thereon, or to the general public.
(2) The provisions of sub-section (1) shall extend to the opening of
additional sections of the aerial ropeway, to devia tion lines, and to any
alternation 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.
11. Appointment of Inspectors .- (1) The State Government may
appoint Inspectors of aerial ropeways 3[out of Graduate (Mechanical
Engineers, not below the rank of an Executive Engineer], and may fix the fees
to be charged to promoters for the performance by I nspectors of their duties
under this Act.
4[(2) The Inspector shall exercise such powers and p erform such
functions and duties as may be provided by or under the provisions of this
Act. It shall also be the duty of such Inspector, f rom time to time, to inspect
such ropeways and to determine whether they are con structed 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 an d consistent with the
provisions of this Act:
Provided that the Inspector shall inspect the ropew ay and its
appurtenances,-
(i) where human beings are carried, atleast once i n three months;
and
(ii) where animals and goods are carried, atleast o nce in a six
months.
1. Substituted for the words “that he has made a ca reful inspection” vide Act No. 13
of 1995.
2. Inserted vide Act No. 13 of 1995.
3. Inserted vide Act No. 13 of 1995.
4. Substituted for sub-section (2) vide Act No. 13 of 1995.
H. P. AERIAL ROPEWAYS ACT, 1968
10
(3) The State Government may also appoint other subordinate officers
and servants with such designations and assign to t hem such powers, duties
and functions as may be necessary for carrying out the purposes of this Act.]
12. Powers of Inspectors .-An Inspector shall, for the purpose of any
of the duties which he is authorised or required to perform under this Act, be
deemed to be a public servant, as defined in the In dian Penal Code, 1860 (45
of 1860) and shall for the purpose have such powers as may be prescribed by
the State Government under clause (a) of sub-section (2) of section 32.
1[12-A. Expert Committee .-(1) The State Government may, by
notification in the official gazette, constitute on e or more Expert Committees
consisting of such number of persons, having such k nowledge and experience
in design, setting up and operating aerial ropeways , and no such terms and
conditions as may be prescribed.
(2) It shall be the duty of the Expert Committee,-
(i) to aid and advise the State Government and the Inspector in
regard to any matter connected with the administrat ion of the
Act; and also in regard to-
(a) design, erection or position of any aerial rop eway or of
any work appertaining thereto;
(b) the addition to, or the alteration or closure of an aerial
ropeways;
(c) the variation of the character of any ropeway or of the
mode of use thereof;
(ii) to conduct inspection of aerial ropeways and appurtenances-
(a) at the initial stage, before the sanction is g ranted for its
operation under sub-section (1) of section 10 of this Act;
(b) subsequently at least once in a year; and
(c) on such other occasions as may be directed by the State
Government;
to ensure that the ropeway is fit for public traffi c, and no danger is
involved in its use.]
13. Facilities to be afforded to Inspectors
2[and Expert
Committee] .-The promoter and his servants and agents shall af ford to the
Inspector 3[or as the case may be, to the members of the Exper t Committee]
all reasonable facilities for performing the duties and exercising the powers
imposed and conferred upon him by this Act or by rules made thereunder
1. Section 12-A inserted vide Act No. 13 of 1995.
2. Inserted vide Act No. 13 of 1995.
3. Inserted vide Act No. 13 of 1995.
H. P. AERIAL ROPEWAYS ACT, 1968
11
CHAPTER IV
CONSTRUCTION AND MAINTENANCE OF AERIAL
ROPEWAYS
14. Authority of promoter to execute works .-(1) Subject to the
provisions of, and to the rules made under this Act , and, in the case of
immovable property not belonging to the promoter, t o the provisions of any
enactment for the time being in force for the acqui sition of land for public
purposes and for companies, a promoter 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 acro ss any immovable
property;
(d) make such bridges, culverts, drains, embankment s and roads as
may be necessary;
(e) erect and construct such machinery, offices, s tations, 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 occupier
of the property affected thereby, if the Collector, after giving such owner and
occupier by notice in writing, an opportunity of be ing heard, by an order in
writing, permits such action.
(2) When making an order under the proviso to sub-s ection (1), the
Collector 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 im movable property, to the
owner or occupier thereof, or any person interested therein and the amount to
be paid to each.
15. Temporary entry upon land for repairing or prev enting
accident .- (1) Subject to the rules made under this Act, a promoter or his duly
authorised servant or agent may, at anytime for the purpose of examining,
repairing or altering an aerial ropeway, or of prev enting any accident, enter
upon any immovable property adjoining such aerial r opeway, and may do all
such works as may be necessary for such purposes.
(2) In the exercise of the powers conferred by sub- section (1), the
promoter or his duly authorised servant or agent, a s the case may be, shall
cause as little damage as possible, and compensatio n 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 Collector.
16. Removal of obstructions .-(1) When any tree standing or lying
near an aerial ropeway, or where any structure or o ther object which has been
H. P. AERIAL ROPEWAYS ACT, 1968
12
placed or has fallen near an aerial ropeway subsequent to the issue of an order
under section 7 in regard to such aerial ropeway, i nterrupts or interferes with,
or is likely to interrupt or interfere with the con struction, maintenance,
alteration, or use of the aerial ropeway, the Colle ctor may, on the application
of the promoter, cause the tree, structure or object to be removed or otherwise
dealt with as he thinks fit.
Explanation. -For the purpose of this sub-section, the expression "tree"
shall be deemed to include any shrub, hedge, jungle growth or other plant.
(2) When disposing of an application under sub-sect ion (1), the
Collector shall award to the person interested such compensation as the
Collector deems reasonable, and the Collector may recover such amount from
the promoter as if it were an arrear of land revenue.
17. Order of Collector subject to revision by State
Government .-No suit shall lie in respect of any matter referr ed to in the
proviso to sub-section (1) of section 14, in sub-se ction (2) of section 14,
section 15, or in sub-section (1) of section 16, bu t every order made by a
Collector under any of those sections, and every aw ard made by him under
sub-section (2) of section 16, shall be subject to revision by the State
Government except in the case of an award of compen sation made by the
Collector on account of action taken under sub-sect ion (2) of section 14,
which award shall be subject to revision by the District Judge.
CHAPTER V
WORKING OF AERIAL ROPEWAYS
18. Promoter may fix rates .-The promoter shall, for the purposes of
working an aerial ropeway, and subject to such maxi mum 1[XXX] rates as
may be prescribed or ordered, have power, from time to time, to fix the rates
for the carriage of passengers, animals or goods on the aerial ropeway.
2[18-A. Fixation of fare rates of Public Private Part nership and
Built Operate and Transfer Ropeway Projects .- (1) The State Government,
on the recommendations of the Expert Committee, sha ll fix and notify the
maximum limit of the fare rates for the Ropeway Pro jects build under Public
Private Partnership (PPP) and Built Operate and Transfer (BOT) mode.
(2) Every application made under this section for fixation of fare rates
shall be decided within a period of 90 days from th e date of receipt of such
application, failing which the application shall be deemed to have been
accepted for fixation of fare rates.]
19. Duty of promoter to work aerial ropeway without
partiality .-No promoter shall make or give any undue or unrea sonable
preference or advantage to or in favour of any part icular person or any
particular description of traffic in any respect wh atsoever, or subject any
1. The w ords “and minimum” omitted vide Act No. 13 of 1995.
2. Section 18-A inserted vide Act No. 4 of 2016, w. e.f. 10.11.2015.
H. P. AERIAL ROPEWAYS ACT, 1968
13
particular person or any particular description of traffic to any undue or
unreasonable prejudice or disadvantage in any respect whatsoever.
20. Reporting of accidents .- 1[When any accident occurs in the
course of working an aerial ropeway, the promoter s hall, without unnecessary
delay, send notice of the accident to the State Gov ernment and to the
Inspector; and the promoter's servant-in-charge of the station of the aerial
ropeway nearest to the place at which the accident occurred, or where there is
no station, the promoter's 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 to the magistrate of th e district in which the
accident occurred and to the officer-in-charge of t he police station within the
local limits of which it occurred or to such other magistrate and police officer
as the State Government may appoint in this behalf and shall also, if the
accident is attended with loss of human life or ser ious physical injury to any
human being, send information to the nearest dispensary.]
2[20-A. Rescue operations .-If the State Government incurs any
expenditure during any rescue operation, the promot er shall be liable to pay
the expenditure incurred by the State Government an d in case the promoter
fails to pay the whole or part of it, it shall be r ecoverable as an arrears of land
revenue.]
3[20-B. Insurance cover.- (1) In case of any accident or mishap,
the promoter shall provide comprehensive insurance cover, in the manner as
may be prescribed, to the persons availing aerial r opeway services of the
Ropeway Projects built under Public Private Partner ship(PPP) or Built
Operate and Transfer (BOT) mode:
Provided that the State Government shall not be lia ble for any claim
on account of any accident or mishap in such Ropeway Projects.
(2) The rate of comprehensive insurance shall be de cided by the State
Government on the advice of the Expert Committee.]
21. Power to close and reopen aerial ropeways .- (1) If after
inspecting any aerial ropeway opened to public traf fic, an Inspector is of
opinion that the aerial ropeway or any specified pa rt 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 opi nion, together with the grounds
therefor to the State Government, and the State Government, after such further
enquiry, 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 specified, 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 aerial r opeway or any part thereof
which he considers necessary pending the orders of the State Government.
1. Section 20 substituted vide Act No. 13 of 1995.
2. Section 20-A inserted vide Act No. 13 of 1995.
3. Section 20-B inserted vide Act No. 4 of 2016, w. e.f. 10.11.2015.
H. P. AERIAL ROPEWAYS ACT, 1968
14
(2) When under sub-section (1), an aerial ropeway o r any part thereof
has been closed to any traffic it shall not be reop ened to such traffic until it
has been inspected and its reopening sanctioned, in the prescribed manner.
CHAPTER VI
DISCONTINUANCE OF AERIAL ROPEWAYS
22. Cessation of powers of promoter on discontinuan ce of aerial
ropeway .- If, at any time after the opening of an aerial r opeway, it is proved
to the satisfaction of the State Government that the promoter has discontinued
the working of the aerial ropeway or of any part th ereof, without a reason
sufficient, in the opinion of the State Government, to warrant such
discontinuance, the State Government may, if it thi nks fit, declare, by
notification in the Official Gazette, that the powe rs of the promoter in respect
of such aerial ropeway or part thereof shall, from such date as it may
determine, be at an end; and thereupon the said pow ers shall cease and
determine.
Explanation .- The working of an aerial ropeway shall be deemed to
have been discontinued if it has ceased for the per iod determined in the order
published under section 7, or, if the period has no t been so determined, for a
period of three months.
23. Powers of State Government to remove aerial rop eway on
cessation of promoter's powers .- (1) When a declaration has been made by
the State Government under section 22 in respect of any aerial ropeway or of
any part thereof, an officer appointed in that beha lf by the State Government
may, at any time after the expiration of two months from the date determined
as aforesaid, remove such aerial ropeway or part th ereof, 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 cost s 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 sale, and without any previous
notice to the promoter, and without prejudice to an y 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 so removed; and may, out of the proceeds
of the sale, pay and reimburse to himself the amoun t of costs certified as
aforesaid and the cost of the sale, and shall pay o ver the residue (if any) of
such proceeds to the promoter.
CHAPTER VII
PURCHASE OF AERIAL ROPEWAYS
24. Power of State Government and local authorities to purchase
aerial ropeways .- (1) Where the promoter is the State Government, the State
Government may at any time transfer the undertaking or any part thereof to,-
(a) a local authority or local authorities under te rms and conditions
approved of by, and with the consent of, such autho rity or
authorities; or
H. P. AERIAL ROPEWAYS ACT, 1968
15
(b) to any other person under such terms and condi tions as may be
mutually agreed upon between the State Government a nd the
transferee.
(2) Where the promoter is not the State Government, the State
Government may-
(a) 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 year s from the
date of the order, and within six months after the expiration of
every subsequent period of seven years, or
(c) within two months after the publication of a n otification under
section 22 or within six months after the publicati on of a
notification under section 26,
by notice in writing, require the promoter to sell to the State
Government or to a local authority the aerial ropew ay 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 or der, then upon the terms of
receiving the then value of the aerial ropeway or o f 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 earnings derived b y the promoter from the
aerial ropeway or part thereof, during the three ye ars immediately preceding
the date of sale:
Provided that if the terms were not specified in th e order published
under section 7, the total amount so payable to the promoter shall not exceed
by more than twenty per cent the total capital expe nditure of the promoter on
the aerial ropeway, or part thereof.
(3) A requisition shall not be made under sub-section (2) requiring the
promoter to sell to the local authority unless the making thereof has been
approved by the local authority.
(4) When a sale has been made under this section, a ll the rights,
powers and authorities of the promoter in respect o f the undertaking or part
thereof sold, or, where a notification has been pub lished under section 22 or
section 26, all the rights, powers and authorities of the promoter previous to
the publication of the notification in respect of t he undertaking or part thereof
sold, shall be transferred to the authorities to wh om the undertaking or part
has been sold, and shall vest in, and may be exerci sed by, that authority in the
same manner as if the aerial ropeway had been const ructed by it under an
order made under this Act.
(5) 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 their circles.
(6) Where a purchase has been effected under sub-se ction (1) or sub-
section (5),-
H. P. AERIAL ROPEWAYS ACT, 1968
16
(a) the undertaking shall vest in the purchaser fr ee 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 of
the undertaking; and
(b) save as aforesaid, the order published under s ection 7 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
order under section 7 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 a ny election to
purchase under clause (a) or clause (b) of sub-sect ion (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 local
authority may, with the previous sanction of the St ate Government, waive its
option to purchase and enter into an agreement with the promoter for the
working by him of the undertaking until the expirat ion of the next subsequent
period mentioned in the order or referred to in cla use (b) of sub-section (2),
upon such terms and conditions as may be stated in the agreement.
25. Power of promoter to sell when option to purcha se not
exercised and order revoked by consent .- Where, on the expiration of any
of the periods referred to in section 24, neither the State Government nor local
authority purchases the undertaking, and the order published under section 7
is, on the application or with the consent of the p romoter, revoked, the
promoter shall have the option of disposing of all lands, buildings, works,
materials, plants and apparatus belonging to the un dertaking in such manner
as he may think fit.
CHAPTER VIII
INABILITY OR INSOLVENCY OF PROMOTER
26. Proceedings in case of inability or insolvency or promoter .-(1)
If, at any time, after the opening of an aerial rop eway, it appears to the State
Government that the promoter is insolvent or is una ble to maintain the aerial
ropeway or to work the same with advantage to the p ublic, or at all the State
Government may, after considering any statement whi ch the promoter may
desire to make, and after such enquiry as it deems necessary, declare by
notification in the Official Gazette that the power s 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, and thereupon the s aid powers shall, at the
expiration of that period, cease and determine.
(2) At any time after the expiration of the said si x months, an officer
appointed by the State Government in that behalf, m ay remove the aerial
H. P. AERIAL ROPEWAYS ACT, 1968
17
ropeway in the same manner and subject to the same provisions as to the
payment of costs and to the same remedy for the rec overy thereof in every
respect as in cases of removal under section 23.
CHAPTER IX
BYE-LAWS
27. Power of promoter to make bye-laws .- (1) A promoter 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 dange rous or
offensive goods and for regulating the carriage of such goods;
(c) for regulating the maximum number of passengers and
animals and the maximum weight of goods to be carri ed in
each carrier;
(d) for regulating the use of steam power or any o ther mechanical
power or electrical power on the aerial ropeway;
(e) for regulating the conduct of the promoter's s ervants;
1[(ee) for regulating the qualifications of the staf f employed for
running and maintaining the aerial ropeway;
(f) for regulating the terms and conditions on whi ch the promoter
will warehouse or retain goods at any station on be half of the
consignee or owner of such goods; and
(g) generally for regulating the travelling upon, and the use,
working and management of the aerial ropeway.
(2) Such bye-laws may provide that any person who c ontravenes the
provisions of any of them shall be liable to fine w hich may extend to any sum
not exceeding fifty 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 confirmed by the State Government and publishe d 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.
1. Clause (ee) inserted vide Act No. 13 of 1995.
H. P. AERIAL ROPEWAYS ACT, 1968
18
CHAPTER X
SUPPLEMENTARY PROVISIONS
28. Returns .- A promoter shall, in respect of the aerial ropew ay,
submit to the State Government returns of capital a nd revenue expenditure,
receipts and traffic, at such intervals, and in such form, as may be prescribed.
29. Protection of roads, railways, tramways, and wa terways .- No
promoter shall, in the course of the construction, repair, working or
management of an aerial ropeway, cause any permanen t injury to any public
road, railway, tramway or waterway, or obstruct or interfere with, otherwise
than temporarily as may be necessary, the traffic o n any public road, railway,
tramway or waterway.
30. Acquisition of land on behalf of a promoter .- The State
Government may, if it thinks fit, subject to the pr ovisions of the Act, on the
application of any promoter desirous of obtaining a ny land for the purpose of
constructing, extending, working or managing an aer ial ropeway, acquire on
his behalf such land under the provisions of 1[the Right to Fare Compensation
and Transparency in Land Acquisition, Rehabilitatio n and Resettlement Act,
2013 (30 of 2013) whether the said promoter is or is not a company as defined
in the said Act.]
31. Notification of claims to refund to overcharges and
compensation for losses .- No person shall be entitled to a refund of an
overcharge in respect of animals or goods carried b y an aerial ropeway or to
compensation for the loss, destruction or deteriora tion 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 t o the promoter within six
months from the date of the delivery of the animals or goods for carriage by
the aerial ropeway.
CHAPTER XI
RULES BY THE STATE GOVERNMENT
32. Power of State Government to make rules .- (1) The State
Government may, after previous publication, make ru les 2 to carry out the
purposes of this Act.
(2) In particular, and without prejudice to the gen erality of the
foregoing power, such rules may prescribe-
3[(a) the qualifications and experience of the struc tural Engineer
under section 5;
1. Substituted for the words, figures and signs " P art VII of the Land Acquisition
Act, 1894 (1 of 1894), whether the said promoter is or is not a company as defined
in the Land Acquisition Act " vide Act No. 4 of 2016, w.e.f. 10.11.2016.
2. Rules made vide Notification No. 9-97/70-PWD, da ted the 27th December, 1972,
published in R.H.P. (Extra-Ordinary) dated 24.1.1973, p. 113-121.
3. Existing clause (a) substituted by new clauses ( a), (aa) and (aaa) vide Act No. 13
of 1995.
H. P. AERIAL ROPEWAYS ACT, 1968
19
(aa) the power, functions and duties of an Inspecto r appointed
under section 11;
(aaa) the constitution of the Expert Committee unde r section 12-A
and terms and conditions of the appointment, qualif ications
and experience of its members;]
(b) the accidents of which notice shall be given t o the State
Government and to the inspector;
(c) the duties of the promoter's servants and of p olice oExcerpt shown. Open the full act in Lexace.