The JAMMU AND KASHMIR AERIAL ROPEWAYS ACT, 2002

AERIAL ROPEWAYS  ACT, 2002
Act No. XII of 2002
4 8 AERIAL ROPEW AYS ACT, 2002
AERIAL ROPEW AYS ACT, 2002  49
THE JAMMU AND KASHMIR AERIAL ROPEW A YS ACT, 2002
Act No. XII of 2002
CONTENTS
Preamble
Section
CHAPTER I
PRELIMINARY
1. Short title, extent and commence-
ment.
2. Definitions.
CHAPTER II
PROCEDURE AND PRELIMINARY
INVESTIGA TION
3. Application for concessions.
4. Contents of application.
5. Preliminary investigations.
CHAPTER III
ORDERS AUTHORISING THE
CONSTRUCTION OF AERIAL
ROPEW A YS
6. Publications of proposed order
authorising constructions and con-
tents of such orders.
7. Final order.
8. Cessation of powers given by an
order.
9. Further order.
10. Inspection of aerial ropeways be-
fore opening.
11. Appointment of Inspector.
Section
12. Power of Inspectors.
13. Facilities to be afforded to Inspec-
tors.
CHAPTER IV
CONSTRUCTION AND MAINTE-
NANCE OF AERIAL ROPREW A YS
14. Authority of promoter to execute
works.
15. Temporary entry upon land for re-
pairing or preventing accident.
16. Removal of obstructions.
17. Order of Collector subject to revi-
sion by the Government.
CHAPTER V
WORKING OF AERIAL ROPEW A YS
18. Promoter may fix rates.
19. Duty of promoter to work aerial rope-
way without partiality.
20. Reporting of accidents.
21. Power to close and reopen aerial
ropeways.
CHAPTER VI
DISCONTINUANCE OF  AERIAL
ROPEW A YS
22. Cessation of powers of promoter on
discontinuance of aerial ropeway.
Section
23. Powers of Government to remove
aerial ropeway on cessation of
promoter’s powers.
CHAPTER VII
PURCHASE OF AERIAL ROPEW A YS
24. Power of Government and local au-
thorities to purshase aerial rope-
ways.
25. Power of promoter to sell when op-
tion to purchase not exercised and
revoked by consent.
CHAPTER VIII
INABILITY OR INSOL VENCY OF
PROMOTER
26. Proceedings in case of inability or
insolvency of promoter.
CHAPTER IX
BYE-LA WS
27. Powe of promoter to make bye-laws.
CHAPTER X
SUPPLEMENT ARY PROVISIONS
28. Returns.
29. Protection of roads, railways, tram-
ways and waterways.
30. Acquisition of land on behalf of a
promoter.
31. Notification of claims to refund of
overcharges and compensation for
losses.
Section
CHAPTER XI
RULES BY THE GOVERNMENT
32. Power of the Government to make
rules.
CHAPTER XII
OFFENCES, PENAL TIES AND
ARRESTS
33. Failure of promoter to comply with
Act.
34. Unlawfully obstructing promoter’s
servant in discharge of his duty.
35. Unlawfully interfering with aerial
ropeway.
36. Punishments for acts of attempts
tending to endanger safety of per-
sons travelling or being upon aerial
ropeway.
37. Arrest for offence against certain
sections and procedure thereupon.
____
THE JAMMU AND KASHMIR AERIAL
ROPEWAYS ACT, 2002
Act No. XII of 2002
[Received the assent of the Governor on 21st April, 2002 and
published in Government Gazette dated 23rd April, 2002. ]
An Act to authorize, facilitate and regulate the construction and
working of the aerial ropeways in Jammu and Kashmir.
Be it enacted by the Jammu and Kashmir State Legislature in the
Fifty-third year of the Republic of India as follows :––
CHAPTER I
PRELIMINARY
1. Shor t title, extent and commencement. ––(1) This Act may
be called the Jammu and Kashmir Aerial Ropeways Act, 2002.
(2) It extends  to the whole of the S tate of Jammu and Kashmir .
1[(3) It  shall come  into force on such date as the Government
may,  by notification in the Government Gazette, appoint].
2. Definitions .––In this Act, unless the context otherwise re-
quires,—
(a) “aerial ropeway” means an aerial ropeway (or any portion
thereof) for the public carriage of passengers, animals or
goods and includes all ropes, posts, carriers, stations,
offices, warehouses, workshops, machinery and other
works used for the purposes of, or in connection with,
and all land appurtenant to, such aerial ropeway.
(b) “carrier” means any vehicle or receptacle hung, or sus-
pended from, or hauled by, a rope and used for the
carriage of passengers, animals or goods or for any other
purpose in connection with the working of an aerial
ropeway;
1. Enforced vide SRO-22 dated 31st January, 2005 w. e. f. 1st February, 2005.
5 2 AERIAL ROPEW AYS ACT, 2002
(c) “Circle” in relation to a local authority” means the area
within the control of that authority ;
(d) “Government” means the Government of Jammu and
Kashmir;
(e) “Government Gazette” means the Jammu and Kashmir
Government Gazette ;
(f) “Inspector” means an Inspector of aerial ropeways
appointed under this Act ;
(g) “local authority” means a Municipal Council, Town Area
Committee, Notified Area Committee, Halqa Panchayat
or other authority legally entitled to, or entrusted by the
Government with, the control or management of a
municipal or local fund ;
(h) “order” means an order authorising the construction of
an aerial ropeway under this Act, and includes a further
order substituted for, or amending, extending or revoking
that order ;
(i) “post” means a post, trestle, standard, strulstay of other
contrivance or part of contrivance for carrying, suspend-
ing or supporting a rope ;
(j) “prescribed” means prescribed by rules made under this
Act ;
(k) “promoter” means––
(i) the State Government ;
(ii) a local authority ;
(iii) any person ;
(iv) any Company incorporated under the Companies Act,
1956 ; or
(v) any railway company as defined in the Indian Railway
Act, 1980 ;
in whose favour  an order has been made under section 7 or on
whom the rights and liabilities conferred and imposed on the
AERIAL ROPEW AYS ACT, 2002  53
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 developed ;
(l) “rate” includes any fare, charge or other payment for the
carriage of passengers, animals or goods ; and
(m) “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.
–––––––
CHAPTER  II
PROCEDURE AND PRELIMINARY INVESTIGATIONS
3. Application for concessions .––Every application by an intending
promoter other than the Government in regard to a proposed aerial
ropeway for permission to undertake the necessary preliminary investigations
shall be submitted to the Government.
4. Contents of application .—Every such application 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 the advantages to the community to be expected from the
aerial ropeway ;
(c) an approximate estimate of the cost of construction thereof ;
(d) a statement of the estimated working expenses and profits
expected ;
(e) a statement of the maximum and minimum rate proposed to be
charged ; and
(f) such maps, plans, sections, diagrams and other information as
the Government may require in order to form an idea of the
proposal.
5. Preliminar y investigations. ––Subject to the provisions of this Act,
the Government may accord sanction to any promoter to make such
5 4 AERIAL ROPEW AYS ACT, 2002
surveys, as may be necessary and require him to submit such detailed
estimates, plans, sanctions, specifications and such further information as
it may deem necessary for the consideration of the  proposal. The promoter
shall not in any event be entitled to claim any compensation from the
Government for any expenses incurred under this section.
–––––––
CHAPTER   III
ORDERS AUTHORISING THE CONSTRUCTION OF AERIAL
ROPEW A YS
6. Publications of proposed order authorising constructions and
contents of such orders.–– (1) The Government may , on application made by
any promoter and after due consideration of the details supplied in
accordance with section 5, publish in the Government Gazette a draft of the
proposed order authorizing the construction of an aerial ropeway within any
specified area or along any specified route by or on behalf of such
promoter, subject to such restrictions and conditions as the Government may
deem proper.
(2) 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 will, if submitted to the Government on or before a
date to be specified in the notice, be received and considered.
(3) 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
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 which may be received from any person 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 the construction
of the aerial ropeways 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  conditions  under  which a  concession, guarantee, or
AERIAL ROPEW AYS ACT, 2002  55
financial assistance may be given by the Government or a local
authority to the promoter ;
(v) the right of purchase by the Government or a local
authority ;
(vi) the rules regarding audit and accounts ;
(vii) the  rules  regarding  arbitration  for  the  settlement  of
disputes ;
(viii) the specifications relating to structural  designs, quality of
the material, factors of safety, method of computing
stresses and other such technical details as may be considered
necessary ;
(ix) the rules relating to the construction of the aerial ropeway over
road 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 sell or transfer
his rights to the Government or to a local authority or to a
person ;
(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 ;
(xii) the  motive power to be used  on the aerial ropeways 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 ;
(xiv) the points under the rope at which bridges on guards shall
be constructed and maintained ;
(xv) the traffic which may be carried on the ropeway, the traffic
which the promoter shall be bound to carry and the traffic
which he may refuse to carry ;
(xvi) the maximum and minimum 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 ;
(xvii) the amount of security, if any, to be deposited by the promoter
5 6 AERIAL ROPEW AYS ACT, 2002
in the event of his application being granted ; and
(xviii) such other matters as the Government may deem necessary.
7. Final or der.––(1) If, after considering objections which may have
been made in respect to the proposed order under section 6, on or before
the specified date, the Government is of the opinion that the application
should be granted, with or without modification, or subject to any restriction
or condition, it may make an order accordingly.
(2) Every order authorizing the construction of an aerial ropeway shall
be published in the Government Gazette, and such publication shall be
conclusive proof that the order has been made as required by this section.
8. Cessation of powers given by an or der.––If a promoter authorized
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 ; or
(b) make, in the opinion of the Government, substantial progress
with the construction of the aerial ropeways ; or
(c) complete the construction thereof, the powers given to the
promoter by such order shall, unless the Government extends
the time so specified, cease to be exercised.
9. Further order.––(1) The Government may, on the application of the
promoter, revoke, amend or extend the order by further order.
(2) An application for a further order shall be made in the same manner ,
and subject to the same conditions, as an application for an order.
(3) If the Government grants the application, it shall make the further
order in the same manner as an order, except that the rights, powers and
authorities asked for in the said application shall not be increased, modified
or restricted by the further order without the consent in writing by the
promoter.
10. Inspection of aerial ropeways before opening .—(1) No aerial
ropeways shall be opened for any kind of traffic until the Government has,
by order, sanctioned the opening thereof for that purpose. The sanction of
AERIAL ROPEW AYS ACT, 2002  57
the Government under this section shall not be given until an Inspector has
reported in writing to the Government that––
(a) he has made a careful inspection of the aerial ropeway and
appurtenances ;
(b) the moving and fixed dimensio ns and other conditions pre-
scribed under the order have been complied with ;
(c) the aerial  ropeway is  sufficiently equipped for the traffic for
which it is intended ;
(d) the bye-laws and working rules prescribed under sections 27
and 32 have been duly made, approved and  promulgated in
the manner prescribed in those sections ; and
(e) in his opinion the aerial ropeway is fit for public traffic and
can be used without danger to the public using it, or to 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 deviation lines and to any 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.
11. Appointment of Inspector.––(1) The Government may appoint Inspec-
tors of aerial ropeways and may fix the fees to be charged from promoters for
the performance by Inspector of their duties under this Act.
(2) It shall be the duty of such Inspectors, from time to time, to inspect
aerial ropeways and to determine whether they are maintained in a fit condition
and worked with due regard to the convenience and safety of the public, and
consistently , with the provisions of this Act.
12. Power of Inspectors.––An Inspector shall for the purpose of any of
the duties which he is authorized or required to perform under this Act be deemed
to be a public servant, as defined under section 21 of the State Ranbir Penal Code,
Samvat 1989 and shall for that purpose have such powers as may be prescribed
by the Government under clause (a) of sub-section (2) of section 32.
13. Facilities to be afforded to Inspectors.––The promoter and his servants
and agents shall afford to the Inspector all reasonable facilities for performing the
5 8 AERIAL ROPEW AYS ACT, 2002
duties and exercising the powers imposed or conferred upon him by this Act or
by rules made thereunder.
–––––––
CHAPTER IV
CONSTRUCTION AND MAINTENANCE OF AERIAL ROPEWA YS
14. Authority of promoter to execute works .––(1) Subject to the
provisions of this Act and to the rules made thereunder 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 purpose, 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 across any
immovable property ;
(d) make such bridges, culverts, drains, embankments and roads as
may be necessary ;
(e) erect and construct such machinery, offices, stations, ware-
houses 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 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 an annual rent, or of
both, which should, in his opinion, be paid by the promoter to the owner
AERIAL ROPEW AYS ACT, 2002  59
or occupier of the property affected thereby or any person interested therein
and the amount to be paid to each.
15. Temporar y entr y upon land for r epairing or pr eventing
accident.––(1) Subject to the rules made under this Act, a promoter or his duly
authorised servant or agent may, at any time 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.
(2) In the exercise of the powers conferred by sub-section (1), the
promoter or his duly authorized servant or agent, as the case may be, shall
cause as little damage 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 to the decision of the
Collector by the promoter or the owner of such property by making an
application.
16. Removal of obstructions. ––(1) When any tree standing or lying near
an aerial ropeway, or where any structure or other object which has been placed
or has fallen near an aerial ropeway subsequent to the issue of an order under
section 7 in regard to such aerial ropeway, interrupts or interferes with, or is
likely to interrupt or interfere with the construction, maintenance, alteration,
or use of the aerial ropeway, the Collector 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-section (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 the
Government.––No suit shall lie, in respect of any matter referred to in the
proviso to sub-section (1) of section 14, in sub-section (2) of section 14, section
15, or in sub-section (1) of section 16, but every order made by a Collector
under any of those sections, and every award made by him under sub-section
(2) of  section 16, shall be subject to revision by the Government except in
the case of an award of compensation made by the Collector on account of
6 0 AERIAL ROPEW AYS ACT, 2002
action taken under sub-section (2) of section 14, which award shall be subject
to revision by the Principal District Judge of the District.
––––––
CHAPTER V
WORKING OF AERIAL ROPEW AYS
18. Promoter may fix rates .––The promoter shall, for the purposes of
working an aerial ropeway, and subject to such maximum and minimum 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.
19. Duty of pr omoter to work aerial r opeway without par tiality .—No
promoter shall make or give any undue or unreasonable preference or
advantage to or in favour of any particular person or any particular
description of 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.
20. Reporting of accidents .––When any of the following accidents
occur in the course of working an aerial ropeway, namely :––
(a) any accident attended with loss of  human life or serious
physical injury to any human being or with serious injury to
property ;
(b) any accident of a description usually attended with loss of
human life or with serious physical injury as aforesaid, or with
serious injury to property ;
(c) any accident of any other description which the Government
may specify in this behalf, by notification in the Government
Gazette,
the promoter shall, without unnecessary delay, send notice of the accident
to the Government and to the Inspector, and the promoter’s servant incharge
of the station on the aerial ropeway nearest to the place at which the
accident occurred, or where there is no station the promoter’s servant
incharge 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 the district in which the accident occurred and to the officer
AERIAL ROPEW AYS ACT, 2002  61
incharge of the police station within the local limits of which it occurred or
to such other magistrate and police officer as the Government may appoint
in this behalf, and shall also, if the accident is attended with loss of human
life or serious physical injury to any human being, send information to the
nearest dispensary or hospital.
21. Power to close and reopen aerial ropeways .—(1) If after
inspecting any aerial ropeway opened to public traffic an Inspector is of
opinion that the aerial ropeway of 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 grounds therefor to the Government and the 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 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 ropeway or any part thereof which
he considers necessary pending the orders of the Government.
(2) When under sub-section (1), an aerial ropeway or any part thereof
has been closed to any traffic it shall not be reopened to such traffic until
it has been inspected and its reopening sanctioned, in the prescribed
manner.
––––––
CHAPTER VI
DISCONTINUANCE OF AERIAL ROPEWA YS
22. Cessation of powers of promoter on discontinuance of aerial
ropeway.––If at any time after the opening of an aerial ropeway, it is proved
to the satisfaction of the Government that the promoter has discontinued
the working of the aerial ropeway or of any part thereof, without a reason
sufficient, in the opinion of the Government, to warrant such discontinuance,
the Government may, if it thinks fit, declare, by notification in the Government
Gazette, that the powers 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 powers shall cease and determine.
Explanation :—The working of an aerial ropeway shall be deemed to have
been discontinued if it has ceased for the period determined
6 2 AERIAL ROPEW AYS ACT, 2002
in the order published under  section 7, or if the period has
not been so determined, for a period of three months.
23. Powers of the Government to remove aerial ropeway on
cessation of promoter’s powers .––(1) When a declaration has been made by
the Government under section 22 in respect of any aerial ropeway or of any
part thereof, an officer appointed in that behalf by the Government may, at
any time after the expiration of two mon ths from the date determined as
aforesaid, remove such aerial ropeway or part thereof, as the case be, and
the promoter shall pay to the officer so appointed such costs of removal,
as shall be certified by that officer to have been incurred by him.
(2) If the promoter fails to pay the amount of costs so certified within
one month after the delivery to him of the certificate or, of a copy thereof,
such officer may, either by public auction or private sale, 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 so removed ; and may
out of the proceeds of the sale, pay and reimburse to himself the amount
of costs certified as aforesaid and the costs of the sale, and shall pay over
the residue (if any) of such proceeds to the promoter.
––––––
CHAPTER VII
PURCHASE OF AERIAL ROPEW AYS
24. Power of the Government and local authorities to purchase
aerial ropeways .––(1) Where the promoter is the Government, it may at any
time transfer the undertaking or any part thereof to :––
(a) a local authority or local authorities under terms and conditions
approved by it with the consent of such authority or authorities ;
or
(b) to any other person under such  terms and conditions as may
be mutually agreed upon between the Government and the
transferee.
(2) Where the promoter is not the Government, the 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
AERIAL ROPEW AYS ACT, 2002  63
(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
(c) within two months after the publication of a notification under
section 22 or within six months after the publication of a
notification under section 26 ;
by notice in writing require the promoter to 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 upon 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 earnings 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, 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 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, 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 22
or section 26, 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 thereof has been sold, and shall vest in and may be exercised by,
that authority in the same manner as if the aerial ropeway had been
constructed 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 persons or firms may purchase an undertaking or part
thereof.
(6) Where a purchase has been affected under sub-section (1) or sub-
section (5),––
(a) the undertaking shall vest in the purchaser free from any debts,
6 4 AERIAL ROPEW AYS ACT, 2002
mortgages or similar obligation 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 under-
taking ; and
(b) save as aforesaid, the order published under section 7 shall
remain in full force and the purchase shall be deemed to be
the promoter :
Provided that where the Government elects to purchase; the
order under section 7 shall after purchase, in so far as the Govern-
ment 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
may be.
(8) Notwithstanding anything hereinbefore contained, a local authority
may, with the previous sanction of the Government, waive its option to
purchase and enter into an agreement with the promoter for the working by
him of the undertaking until the expiration of the next subsequent period
mentioned in the order referred to in clause (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 purchase not
exercised and revoked by consent. ––Where, on the expiration of any of the
periods referred to in section 24 neither the Government nor local authority
purchases the undertaking and the order published under section 7 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 think fit.
––––––
CHAPTER VIII
INABILITY OR INSOL VENCY OF PROMOTER
26. Proceedings in case of inability or insolvency of pr omoter.– (1)
If, at any time, after the opening of an aerial ropeway, it appears to the
Government  that the promoter is insolvent or is unable to maintain the aerial
AERIAL ROPEW AYS ACT, 2002  65
ropeway or to work the same with advantage to the public, or at all, the
Government may, after considering any statement which the promoter may
desire to make, and after such enquiry as it deems necessary, declare by
notification in the Government 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, and thereupon the said powers
shall, at the expiration of that period, cease and determine.
(2) At any time after the expiration of the said period of six months,
an officer appointed by the Government in that behalf, may 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.
––––––
CHAPTER IX
BYE-LA WS
27. Power of pr omoter 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 dangerous 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 carried in each
carrier ;
(d) for regulating the use of steam power or any other mechanical
power or electrical power on the aerial ropeway ;
(e) for regulating the conduct of the promoter’s servants ;
(f) for regulating the terms and conditions on which the promoter
will warehouse or retain goods at any station on behalf 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.
6 6 AERIAL ROPEW AYS ACT, 2002
(2) 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 a bye-
law made under clause (c) of sub-section (1), the promoter’s servants
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 Government and published in the Government
Gazette :
Provided that no such bye-law shall be so confirmed until it has been
previously published by the promoter in such manner as may be prescribed.
––––––
CHAPTER X
SUPPLEMENTARY PROVISIONS
28. Returns. ––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.
29. Protection of roads, railways, tramways and waterways .––No
promoter shall, in the course of the construction, repair, working or
management of an aerial ropeway, cause any permanent injury to any
public road, railway, tramway or waterway, or obstruct or interfere with,
otherwise than temporarily as may be necessary, the traffic on any public
road, railway, tramway or waterway.
30. Acquisition of land on behalf of a pr omote r.––The
Government may if it thinks fit, subject to the provisions of this Act, on
the application of any promoter desirous of obtaining any land for the
purpose of constructing, executing, working or managing an aerial ropeway,
acquire on his behalf such land under the provisions of part VII of the State
Land Acquisition Act, Samvat 1990, whether the said promoter is or is not
a company as  defined in the said Act.
31. Notification of claims to refund of overcharges and compensation
for losses .––No person shall be entitled to a refund of an overcharge in
respect of animals or goods carried by an aerial ropeway or to compensation
for the loss, destruction or deterioration of animals or goods delivered to
AERIAL ROPEW AYS ACT, 2002  67
be so carried, unless his claim to the refund or compensation has been
preferred in writing by him or on his behalf to the promoter within six months
from the date of the delivery of the animals or goods for carriage by the
aerial ropeway.
––––––
CHAPTER XI
RULES BY THE GOVERNMENT
32. Power of the Government to make rules .—(1) The
Government may, after previous publication make rules to carry out the
purposes of this Act.
(2) In particular , and without prejudice to the generality of the
foregoing power, such rules may prescribe––
(a) the powers and duties of an Inspector appointed under section
11 ;
(b) the accidents of which notice shall be given to the Government
and to the Inspector ;
(c) the duties of the promoter’s servants and of police officers,
and magistrate, on the occurrence of an accident ;
(d) the maximum and minimum rates for various classes of goods
which a promoter may fix under section 18 ;
(e) the standard dimensions and specifications to which the aerial
ropeway is to conform ;
(f) the manner of previous publication of bye-laws made under
section 27 ;
(g) the intervals at which a promoter shall submit returns under
section 28 and the forms in which such returns shall be
submitted ;
(h) the manner in which notices under this Act shall be
served ;
(i) the manner in which and the conditions under which, booking
of goods may be permitted between an aerial ropeway and
railway, tramway or another aerial ropeway ;
6 8 AERIAL ROPEW AYS ACT, 2002
(j) the safe and efficient working of aerial ropeway ;
(k) the conditions under which, and the manner in which the
powers conferred on promoters by section 14 and section 15
may be exercised ;
(l) the procedure for the disposal of applications under sub-
section (2) of section 21 to reopen an aerial ropeway or part
thereof and conditions under which such aerial ropeway may
be reopened ;
(m) the preparation, submission and auditing of the accounts of
the promoter ;
(n) the method of arbitration for the settlement of disputes ;
(o) the fees to be charged to promoters and other persons in
respect of licences, applications, enquiries, inspection and
services rendered under this Act ; and
(p) the procedure for making, hearing and disposing of applica-
tions under this Act.
(3) All rules made under this section shall be published in the
Government Gazette.
(4) Every rule made under this Act shall be laid, as soon as may be
after it is made, before each House of the State Legislature while it is in
session for a total period of not less than thirty 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 session immediately
following, both Houses agree in making any modification in the rule or
decides that the rule should not be made, the rule shall thereafter have effect
only in such modified form or be of no effect as the case may be, so, however,
that any such modification or amendment shall be without prejudice to the
validity of anything previously done under that rule.
–––––––
CHAPTER XII
OFFENCES, PENAL TIES AND ARRESTS
33. Failure of promoter to comply with Act. ––If a promoter––
(a) constructs or maintains an aerial ropeway otherwise than
in    accordance with the terms of an order made under section
AERIAL ROPEW AYS ACT, 2002  69
7 ; or
(b) opens an aerial ropeway or permits it to be opened in
contravention of any of the provisions of section 10 ; or
(c) fails to comply with the provisions of section 13 ; or
(d) fails to pay within a reasonable time any compensation awarded
by the Collector or by the Government under sections 14, 15,
16 or 17 ; or
(e) contravenes any of the provisions of section 19 ; 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 reopens any
aerial ropeway in contravention of sub-section (2) of that
section ; or
(h) continues to exercise the powers 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 27 or section
28 ; or
(j) contravenes the provision of section 29 ; or
(k) contravenes the provisions of any rule made under section 32,
he shall, without prejudice to the enforcement of specific performance of the
requirements of this Act, or of any other remedy which may be obtained
against him, be punishable with fine which may extend to five thousand
rupees, and in the case of a continuing offence, to a further fine which may
extend to one hundred rupees for every day after the date of the first
conviction during which the offender is proved to have persisted in the
offence.
34. Unlawfully obstr ucting pr omoter ’s ser vant in dischar ge of his
duty.––If a person, without lawful excuse, the burden of proving which shall
lie upon him, wilfully obstructs or impedes any servant of a promoter in the
discharge of his duty, he shall be punishable with fine which may extend
to one thousand rupees.
7 0 AERIAL ROPEW AYS ACT, 2002
35. Unlawfully interfering with aerial r opeway.––If any person
without lawful excuse, the burden of proving which shall lie upon him, wilfully
does any of the following things, namely––
(a) interferes with, removes or alters any part of an aerial ropeway
or of the works connected  therewith ;
(b) does anything in such manner as to obstruct any carrier
travelling on an aerial ropeway ; or
(c) attempts to do or abets, within the meaning of the State Ranbir
Penal Code, Samvat 1989, the doing of any thing mentioned
in clause (a) or clause (b) ;
he shall, without prejudice to any other remedy which may be obtained
against him in a civil court, be punishable with fine which may extend to
two thousand rupees.
36. Punishments for acts of attempts tending to endanger safety of
persons travelling or being upon aerial ropeway .––If any person does
anything mentioned in clause (a), clause (b) or clause (c) of section 35 or
does, attempts to do, or abets, within the meaning of the State Ranbir Penal
Code, Samvat 1989, 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 and with fine which may extend to ten thousand rupees.
37. Arrest for offence against certain sections and procedure there-
upon.––(1) If any person commits any offence under section 34 or section
35 which obstruct the working of an aerial ropeway or commits any offence
punishable with imprisonment under section 36, he may be arrested without
warrant or other written authority by any servant of the promoter or by any
police officer or by other person whom such servants or officer may call to
his aid.
(2) A person so arrested shall, with the least possible delay , be taken
before magistrate having authority to try or to commit him for trial.
_______

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