LexThe KARNATAKA TOURISM ROPEWAYS ACT, 2024
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KARNATAKA ACT NO. 08 OF 2025
THE KARNATAKA TOURISM ROPEWAYS ACT, 2024
Arrangement of Sections
Sections:
1. Short title and commencement
2. Definitions
3. Power of State Government to constitute Advisory Authority for ropeways
4. Licensing Authority
5. Appointment of certain Inspectors and subordinate officers and servants, their
powers and duties
6. Unauthorised construction, maintenance etc. of Ropeways prohibited
7. Application for permission to undertake investigations
8. Contents of applications
9. Sanction to preliminary investigations
10. Publication of proposed licence authorising construction and contents of
such licence
11. Grant of licence
12. Cessation of powers given by licence under section 11
13. Revocation of licence and grant of a further licence
14. Inspection of a ropeway before opening
15. Authority of promoter to execute works
16. Temporary entry upon land for repairing or preventing accident
17. Removal of obstructions
18. Fixation of rates
19. Reporting of accidents
20. Power to close and reopen ropeways
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21. Cessation of powers of promoter on discontinuance of public ropeway
22. Powers of licensing Authority to remove a public ropeway on cessation of
promoter's powers
23. Appeal to and revision
24. Protection of roads, railways and waterways
25. Failure of promoter to comply with Act
26. Delegation of the powers of the State Government
27. Power to make Rules
28. Power to remove difficulties
STATEMENT OF OBJECTS AND REASONS
Act 08 of 202 5:- It is considered necessary to Constitute the Advisor
Authority for regulation of ropeways and to authorize and facilitate the construction
and working of ropeways in the tourism places and for the matters connected there
with or incidental thereto.
Hence, the Bill
[L.A. Bill No. 45 of 2024, File No. SAMVYASHAE 58 SHASANA 2024]
[Entries 13 and 32 of List II of the Seventh Schedule to the Constitution of India.]
[Published in Karnataka Gazette Extra-ordinary No.22 in part-IVA dated: 10.01.2025]
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KARNATAKA ACT NO. 08 OF 2025
(First Published in the Karnataka Gazette Extra-ordinary on the 10th day of January,
2025)
THE KARNATAKA TOURISM ROPEWAYS ACT, 2024
(Received the assent of the Governor on the 9th day of January, 2025)
An Act to authorise, facilitate and regulate the construction and working of
ropeways in tourism places in the State of Karnataka.
Whereas it is expedient to authorise, facilitate and regulate the construction and
working of ropeways in tourism places and for the matters connected there with or
incidental thereto.
Be it enacted by the Karnataka State Legislature in the Seventy Fifth year of the
Republic of India as follows:-
CHAPTER-I
PRELIMINARY
1. Short title and commencement.- (1) This Act may be called the Karnataka
Tourism Ropeways Act, 2024.
(2) It shall come into force on such date as the State Government may, by
notification in the Official Gazette, appoint.
2. Definitions.- In this Act, unless there is anything repugnant in the subject
or context;
(a) "Carrier" means any vehicle or receptacle hung or suspended 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 a ropeway,
(b) "Chief ropeway Inspector" and "District ropeway Inspector" mean the
persons appointed under this Act respectively to be the Chief Inspector of Ropeways
for the State and the Inspector of Ropeways for a District;
(c) "Circle", in relation to a local authority, means the area within the control of
that local authority;
(d) "Deputy Commissioner" means the Deputy Commissioner as defined in the
Karnataka Land Revenue Act, 1964 (Karnataka Act No. 12 of 1964) and shall include
an officer, not below the rank of Assistant Commissioner as defined in the aforesaid
Act, appointed by the Stat e Government to perform the functions of a Deputy
Commissioner under this Act;
(e) "Government" means the State Government of Karnataka;
(f) "Licence" means a licence authorising the construction of a ropeway under
this Act and includes a licence authorisi ng the continuance of the working of a
ropeway existing immediately before the commencement of this Act as also any licence
substituted for, or amending or extending any such licence;
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(g) "Local authority" means an institution of self - government established by or
under an Act of the State Legislature, whether for a rural or an urban area, and
includes any other authority legally entitled to, or entrusted by the government with,
the control or management of a municipal or local fund;
(h) "Post" me ans a post, trestle, standard, strut, stay or other contrivance or
part of a contrivance for carrying. Suspending or supporting a rope,
(i) "Prescribed" means prescribed by rules made under this Act;
(j) "Promoter" means and includes;
(i) The State Government;
(ii) A local authority;
(iii) Any person;
(iv) Any body corporate firm or any society registered under the provisions
of any Law for the time being in force;
to whom a licence has been granted under section 11 or under sub -section (2) of
section 6 or on whom the rights and liabilities conferred and imposed on the promoter
by this Act, as to the construction, maintenance and use of working of a ropeway,
have devolved.
(k) "Public ropeway" means a ropeway used for public carriag e of passengers,
animals or goods or any of them.
(1) "Rate" includes any fare, charge or other payment for the carriage of
passengers, animals or goods;
(m) "Rope" includes any cable, wire, rail or way, whether flexible or rigid, used
for suspending; carrying or hauling a carrier;
(n) "Ropeway" means a ropeway used for public or private carriage of
passengers, animals or goods or any of them and includes posts, ropes, carriers,
stations, offices. warehouses, workshops, machinery and, where the wheels of carriers
are made to run on the rails laid on the surface of the earth, such rails as well as any
such other works as are used for the purposes of, or in connection with, such ropeway
and all appurtenant thereto;
(o) "State" means the State of Karnataka; and
(p) "Undertaking" means all movable and immovable property of the promoter
suitable to and used by him for the purposes of a ropeway.
CHAPTER II
Advisory Authority and it’s Establishment
3. Power of State Government to constitute Advisory Authority for
ropeways.- (1) The State Government shall, by notification in the Official Gazette,
constitute an Advisory Authority for ropeways.
(2) The Minister in charge of Tourism Department shall be the Ex -officio
Chairman.
(3) The Ex -officio Chairman shall have the power to appoint such number of
members as he deems fit to scrutinize the project of establishment of ropeways.
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(4) The Secretary to Government, Tourism Department or his representative not
below the rank of Deputy Secretary to Government shall be the Ex -officio member
Secretary of the Advisory Authority.
(5) The Additional Chief Secretary to Government, Forest, Ecology and
Environment Department or his represetative not below the rank of Deputy Secretary
to Government shall be the Ex-officio Member,
(6) The Ex-officio Chairman may invite such number of members from among
the leading personalities having wide knowledge about the ropeway, structural,
mechanical, electrical and metallurgical engineering.
(7) The Ex -officio Chairman may invite the Secretary to Government, Finance
Department or his representative not below the rank of Deputy Secretary to
Government, the Secretary to Government, Revenue Department or his representative
not below the rank of Deputy Secretary to Government, the regional Commissi oner,
the region where ropeway is being constructed, the Deputy Commissioner, of the
concerned District where ropeway is being constructed, the Chief Executive Officer,
Zilla Panchayath of the concerned District where ropeway is being constructed, the
Chief Engineer Communication and Building, Public Works Department or his
representative not below the rank of Executive Engineer and the Chief Engineer of
electricity Board, as the Ex-officio members.
(8) The Ex -officio Chairman may invite the Environmentalis t having prominent
knowledge of environment or other such prominent personalities having prominent
knowledge of social or economic or flora or fauna as the Ex-officio members.
(9) The State Government may, by general or special order,
(a) define the duties of, and regulate the procedure of, the Advisory
Authority:
(b) determine the tenure of office of the members of the Board; and
(c) give directions as to the payment of fees to, and the travelling
expenses incurred by, any member of such Board in the
performance of his duty.
CHAPTER - III
LICENSING AUTHORITY AND ESTABLISHMENT
4. Licensing Authority. - The Authority having power to grant licences under
this Act (hereinafter referred to as the Licensing Authority) shall be the District
Magistrate having territorial jurisdiction over the district in which ropeway is saught
to be constructed. The Licensing Authority shall grant licences only after getting the
approvals from the Advisory Authorities , District Officer in the Department of mines
and Geology Environmental Officer of the District the Deputy Conservator of Forest in
the District the District Officer of the Electrical Department. The Licensi ng Authority
shall also call for the feasibility report from the Departments of Forest and Mines and
Geology and satisfy itself that the proposed ropeway construction and operation do not
endanger environment in the given locality. The Licensing Authority shall obtain the
undertaking from the applicant that the said applicant shall obtain the insurance
coverage for the passengers, animals, goods and its workforce and the public. Further,
the licensing authority shall also obtain an undertaking from the appl icant that will
keep renewing the insurance policy during the entire period of operation of ropeways.
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5. Appointment of certain Inspectors and subordinate officers and
servants, their powers and duties. - (1) The State Government may appoint such
person to be the Chief ropeway Inspector for the State and a District Ropeways
Inspector as it deems fit and may fix the fees to be charged to promoters for the
performance of their duties under this Act.
(2) The Chief ropeway Inspector and the District ropeway In spector shall
exercise such powers and perform such functions and duties as may be provided by or
under the provisions of the Act. It shall also be the duty of any such Inspector from
time to time and at least once a year in the case of the Chief ropeway I nspector and
once a quarter, in the case of the District ropeway Inspector to inspect the ropeways
and to determine whether they are maintained in a fit condition and worked with due
regard to the convenience and safety of the persons using them and of the general
public, and consistently with the provisions of this Act.
(3) The Chief ropeway Inspector and the District ropeway Inspectors shall, for
the purpose of any of the duties which they are authorised or required to perform
under this Act, be deemed to be public servants as defined in the Bharatiya Nyaya
Sanhita, 2023 (Central Act 45 of 2023).
(4) The promoter and his servants and agents shall afford to the Chief ropeway
Inspector and the District ropeway Inspector all reasonable facilities for performing the
dunes and exercising the powers imposed and conferred upon them by or under this
Act
(5) The State Government may also appoint the other subordinate officers and
servants with such designations and assign them such powers, duties and functions
as may be necessary for carrying out the purposes of this Act.
CHAPTER-IV
PROCEDURE AND PRELIMINARY INVESTIGATION
6. Unauthorised construction, maintenance etc. of Ropeways prohibited. -
(1) No ropeway shall be constructed, opened, maintained or worked except in
accordance with the provisions of this Act.
(2) Notwithstanding anything in sub-section (1), any person by whom a ropeway
was, in any part of the State, being worked immediately before the commencement of
this Act, whether for public, private or industr ial purpose shall apply to the licenceing
authority and shall follow the same procedure and comply with the same requirements
as prescribed for the applicant for staring the new ropeway and after such enquiry as
may be considered necessary, be, by licence, authorise to continue the working of
such ropeway, as far as may be, into accordance with the provisions of this Act, be
specified in the licence.
(3) The application under sub -section (2) shall, within a period of thirty days
from the date of commenceme nt of this Act, be made to the Licencing Authority in
such form and manner and with such technical or other details regarding the
concerned ropeway as may be prescribed.
(4) Any person aggrieved by an order refusing to grant a licence under sub -
section (2) or by any order otherwise made under the sub-section may, within a period
of sixty days from the date of the order appealed against, prefer an appeal to the State
Government which may pass such order as it deems necessary.
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(5) Nothing contained in sub -section (1), shall affect the continuance of the
working of the ropeways referred to in sub -section (2), during the period within an
which application under this sub-section may be made or, where such application has
been made, up to the date the order granti ng or refusing to grant a licence under that
sub-section becomes final.
7. Application for permissio n to undertake investigations. - Every
application by an intending promoter other than the State Government for permission
to undertake the necessary prelimi nary investigations with regard to a proposed
ropeway shall be submitted to the Licensing Authority.
8. Contents of applications. - Every application to be made under section 7
shall contain all the information relevant to the proposed ropeway and may include,
the following namely:-
(a) A description of the undertaking and of the route to be followed by the
proposed ropeway;
(b) A des cription of the system of construction and management and of the
advantages 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 profits expected;
(e) A statement of the maximum and minimum rates which it is proposed to
charge; and
(f) Such maps, plans, sections and diagrams as may be prescribed and such
other information as the licensing authority may require in order to
forming an idea of the proposal.
9. Sanction to preliminary investigations. - (1) The Licensing Authority or,
where the immovable properties not belonging to the intending promoter are involved.
The State Government may, subject to the provisions of this Act and the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement
Act, 2013 (Central Act 30 of 2013), accord sanction to the intending promoter to make
such surveys as may be necessary.
(2) Before according sanction under sub -section (1), the Licensing Authority or,
as the case may be, the State Government may also require the intending promoter to
submit such detailed estimates, plans, sanctions and specifications and such further
information as it may think necessary for the full consideration of the proposal
(3) 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
CHAPTER-V
LICENCES AUTHORISING THE CONSTRUCTION OF ROPEWAYS
10. Publication of proposed licence authorising construction and contents
of such licence. - (1) The Licensing Authority may, on an application being made by
any intending promoter, and after due consideration of the details supplied in
accordance with sub -section (2) of section 9. publish in any two daily newspapers
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circulating in the State out of which at least one shall be in the regional language, a
draft of the proposed licence authorising the constriction by, or on behalf of, such
promoter, subject to such restrictions and conditions as the Licensing Authority may
think proper, of a ropeway within any area, or along any route specified in such
licence,-
(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
(d) For the public carriage of passengers, animals and goods; or
(c) For any private or industrial purpose
(2) A notice shall be published with the draft licence stating that any objection
or suggest ion which any person may desire to make with respect to the proposed
licence will, if submitted to the Licensing Authority within a period of thirty days from
the date of the notice be received and considered by it.
(3) The Licensing Authority shall also c ause public notice of the intention to
grant the licence to be given at conspicuous places within the said area or along the
said route, and shall, so far as may be possible cause a like notice to be served on
every owner or occupier of land over which suc h route lies, and shall consider any
objection or suggestion, with respect to the proposed licence, which may be received
from any person within the period specified in sub -section (2) and take decision
thereon.
(4) The draft of the proposed licence shall contain such details of the proposed
ropeway as may be prescribed.
(5) If the Licensing Authority passes the order refusing to grant the license and
the State Government confirms/upholds it, none of the steps mentioned in sub -
section (1) to (4) of this section shall be necessary.
11. Grant of licence. - (1) If, after considering any objections or suggestions
which may have been made in respect to the draft before the expiry of the period
specified in sub-section (2) of section 10. The Licensing Authority is of opinion that the
application shall be granted with or without modifications, or subject to any
restrictions or conditions, he shall grant a licence accordingly.
(2) Every licence authorising the construction of a ropeway granted under sub -
section (1) shall, in such from as may be prescribed, be publi shed in the official
Gazette and such publication shall be conclusive proof that the licence has been
granted as required by this section.
12. Cessation of powers given by licence under section 11. - If a promoter
fails to adhere to the timelines prescribe d by the Licensing Authority and extended by
it, if any, for the construction and operation of the ropeway project, the right accrued
from the license granted under section 11 shall cease to be exercised.
13. Revocation of licence and grant of a further l icence.- (1) The licensing
authority may either suo -moto or on an application, filed by the promoter, revoke the
license or amend it or extend it. The application for the amendment of the license or
for the extension of the period for the operation of ropeways, shall be considered in the
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same manner and subject to the same conditions as an application for the grant of
license.
(2) The Licensing Authority may also extend the time for the completion of the
project of construction and operation of ropeways. I f it rejects the application for
extension of time for implementing the project, it shall record the reasons for the
same.
CHAPTER-VI
INSPECTION OF ROPEWAYS
14. Inspection of a ropeway before opening. - (1) No ropeway shall be opened
for any kind of traf fic until the Licensing Authority has, by order. sanctioned the
opening thereof for that purpose. The sanction of the Licensing Authority under this
section shall not be given until the Chief Inspector has reported in writing to the
Licensing Authority ,-
(a) That he has made a careful inspection of the ropeway and appurtenances.
(b) That the moving and fixed dimensions and such other conditions as may be
prescribed have been complied with.
(c) That the ropeway is sufficiently equipped for the traffic for w hich it is
intended, that due compliance of the rules and conditions of licence has been
made.
(e) That in his opinion sufficient measures have been taken to prevent and
control the pollution caused or likely to be caused by the working of the
ropeway.
(f) That in his opinion the ropeway is fit for traffic and can be used without
danger to those using it, or to the persons employed thereon, or to the
general public.
(2) The provisions of sub -section (1), shall extend to the opening of additional
sections o f the 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. The said provisions shall
also extend to the continuance of the ropeways referred to in sub-section (2) of section
6.
CHAPTER-VII
CONSTRUCTION AND MAINTENANCE OF PUBLIC ROPEWAYS
15. Authority of promoter to execute works. - (1) Subject to the provisions of
this Act, the rules made thereunder, and in the case of immovable property of any
enactment for the time being in force for the acquisition of land for public purposes
and for companies, a promoter may, -
(a) make such survey as he thinks necessary;
(b) place and maintain a rope over, along or access 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;
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(e) erect and construct such machinery, offices, stations, warehouses and other
buildings, works and conveniences as may be necessary; and
(f) do all other acts necessary for constructing, maintaining, altering, repairing
and using a public ropeway:
Provided that, a promoter may ta ke any action under clauses (b) or (c),
notwithstanding the objection of the owner or occupier of the property affected thereby
if the Deputy Commissioner, after giving such owner and occupier by notice in writing,
an opportunity of being heard, by an orde r 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 Deputy
Commissioner shall fix the amount of compensation, or of annual rent, or of both,
which shal l, in his opinion, be paid by the promoter to the owner of the property
affected thereby or in the case of immovable property to the owner or occupier thereof,
or any person interested therein and the amount to be paid to each.
The order so made shall also fix the date by which such amount of
compensation or of the first annual rent shall be a condition precedent for execution of
any works referred to in sub-section (1).
16. Temporary entry upon land for repairing or preventing accident. - (1)
Subject to the rules made under this Act, at any time for the purpose of examining or
repairing a public ropeway or preventing any accident, enter upon any immovable
property adjoining such ropeway, and may do all such works as may be necessary for
such purposes.
(2) The licensee shall inform the owners and occupants of his entering upon the
immovable property.
(3) If the owners and occupants of the immovable properties raise any objection
or put up the obstruction, the same shall be reported to the Deputy Commissione r of
the concerned District. On holding the summary inquiry, the Deputy Commissioner
shall permit the Licensee to enter upon the immovable property.
(4) in the exercise of the powers conferred by sub -section (1), the promoter or
his duly authorised 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, or the person to
whom it shall be paid, the mat ter shall be referred to the decision of the Deputy
Commissioner.
17. Removal of obstructions. - (1) When any tree standing or lying near a
public ropeway or where any structure or other object which has been placed or has
fallen near such ropeway subseque nt to the grant of a licence under section 11 in
regard to such ropeway, interrupts or interferes with, or is likely to interrupt or
interfere with the construction, maintenance or use of such ropeway, the Deputy
Commissioner may, on the application of the promoter after affording a reasonable
opportunity of being heard to the perons affected, 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.
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(2) When disposing of an application under, sub -section (1), the Deputy
Commissioner shall award to the person interested such compensation as the Deputy
Commissioner may recover such amount from the promoter as if it were an arrear of
land revenue.
CHAPTER VIII
WORKING OF ROPEWAYS
18. Fixation of rates. - The promoter shall, for the purposes of working a
public ropeway, and subject to such maximum rates including all charges as may be
ordered by the Licensing Authority, have power, from time to time, to fix the rates for
the carriage of passengers, animals or goods on the ropeway.
19. Reporting of accidents. - (1) Whenever any accident of a description
attended with loss of human life or serious physical injury to any human being or with
a serious injury to property occurs in the course of working of a ropeway. The
promoter or any person authorised by him in this behalf shall forthwith shall inform ,-
(i) report of the matter to the officer -in-charge of the police station in whose
jurisdiction the site of the accident is situated.;
(ii) in writing to the Licensing Authority, the Deputy Commissioner and
District Magistrate of the District in which the accident has occurred; and
(iii) the nearest hospital or dispensary.
(2) The promoter shall make arrangements for shifting the injured / dead
passengers and animals to the nearby hospital immediately. The promoter s hall bear
the medical expenses and reimburse the same by the insurance company or by any
other source.
20. Power to close and reopen ropeways. - (1) If after inspecting any ropeway
opened to traffic, the District Inspector is of opinion that the ropeway o r any specified
class of traffic, he shall state that opinion, together with the grounds thereof to the
Licensing Authority, and the Licensing Authority after such further enquiry, if any, as
he may think fit, may thereupon order that, for reasons to be se t forth in the order,
the ropeway, or the part thereof so specified, be closed to all traffic or to any specified
class or traffic:
Provided that, in any case of extreme urgency, the District Inspector may order
the suspension of the working of the ropeway or any part thereof which he considers
necessary pending the order of the Licensing Authority. The District Inspector shall
forthwith make a report of his order to the Licensing Authority who will make
necessary order within a period of seven days.
(2) When under sub-section (1), a 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 as may be prescribed.
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CHAPTER-IX
DISCONTINUANCE OF PUBLIC ROPEWAYS
21.Cessation of powers of promoter on discontinuance of public ropeway. -
If, at any time after the opening of a public ropeway, it is proved that the promoter has
discontinued the working of such ropeway or of any part thereof, without a reason
sufficient, in the opinion of the Licensing Authority to warrant such discontinuance
the Licensing Authority may, if he thinks fit after affording a reasonable opportunity of
being heard to the promoter, declare, by notification in the Official Gazette, tha t the
powers of the promoter in respect of such ropeway or part thereof shall, from such
dates it may determine, be at an end; and thereupon the said powers shall cease and
determine.
Explanation: The working of a ropeway shall be deemed to have been
discontinued if it has ceased for the period determined in the licence published under
section 11, or if the period has not been so determined, for a period of three months.
22. Powers of licensing Authority to remove a public ropeway on cessation
of promoter's powers. - (1) When a declaration has been made by the Licensing
Authority Under section 21 in respect of any public ropeway or of any part thereof, an
officer appointed in that behalf by the Licensing Authority may at any time after the
expiration of two months from the date determined as aforesaid, remove such ropeway
or part thereof, as the case may be, and the promoter shall pay to the officer so
appointed such costs of removal as shall be certified by that officer to have been
incurred by him.
(2) If the promoter fails to pay the amount of costs so certified within one month
after the delivery to him of the certificate or of a copy thereof, such officer may, either
by public auction or, with the written consent of the promoter, by priv ate sale, and
with due notice to the promoter but 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
public ropeway or part thereof so removed; any may, out of the proceeds of the sale,
pay and reimburse to himself the amount of costs certified as aforesaid and the costs
of sale, and shall pay over residue (if any) of such proceeds to the promoter.
CHAPTER -X
APPEALS
23. Appeal to and revision. - (1) All orders made by the L icensing Authority or
the Deputy Commissioner under this Act except those which are made by the Deputy
Commissioner under the provisions of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central
Act 30 of 2013), shall be appealable within thirty days from the date of order and the
appeal shall lie to the State Government.
(2) Any appeal preferred under sub-section (1), shall normally be disposed of by
the State Government within three months from the date of receipt of the appeal.
(3) The State Government may, of its own motion, call for and examine the
records of any proceedings for the purpose of satisfying itself as to the legality or
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propriety of any order made under this Act by the Licen sing Authority or the Deputy
Commissioner not being an award or order made or passed by the Deputy
Commissioner under the provisions of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central
Act 30 of 2013), and if in any case it shall appear to the State Government that any
such order should be modified, annulled or revised or remitted for reconsideration, the
State Government may, after giving the party to be affected thereby a reasonable
opportunity of being heard, pass such order thereon as it may deem fit.
CHAPTER-XI
SUPPLEMENT ARY PROVISIONS
24. Protection of roads, railways and waterways. - (1) No promoter shall, in
the course of the construction, repair, working or management of a rope way, cause
any permanent injury to any public road, railway, or waterway, if any, or a high
tension power line or any other thing of a public utility service or obstruct or interfere
with, otherwise than temporarily as may be necessary, the traffic on any public road,
railway, or waterway.
(2) If the promoter causes any damage to roads, railways and waterways he
shall be liable to pay the cost of the damage, as assessed by the concerned roads,
railways and waterways Authorities, as the case may be. It shall be in addition to his
liability to pay the fine for the offences enumerated under section 25 of the Act.
CHAPTER-XII
OFFNCES, PENALTIES
25. Failure of promoter to comply with Act.-
If a promoter, -
(a) Constructs or maintains or works a ropeway otherwise than in accordance
with the terms of a licence granted under section 11 or under sub -section
(2) of section 6; or
(b) Opens a ropeway or permits it to be opened in contravention of any of the
provisions of section 14; or
(c) Fails to comply with the provisions of sub-section (4) of section 5; or
(d) Works a ropeway existing immediately before the provisions of section 6; or
(e) Fails to comply with the provisions of section 18, or
(f) Fails to send notice of any accident as required by section 19; or
(g) fails to close a ropeway in accordance with an order passed under sub -
section (1) of section 20 or reopens any ropeway in contravention of sub
section (2) of that section, or
(h) Continues to exercise the powers of a promoter in respect of any ropeway in
contravention of the provisions of section 21; or
(i) Contravenes any of the provisions of section 24; or
(j) contravenes the provisions of any rule made under section 27,
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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 Ten thousand rupees, and in the case of
a continuing offence, to a further fine which may extend to Two thousand rupees for
every day after the date of the first conviction during which the offender is proved to
have persisted in the offence.
CHAPTER-XIII
DELEGATION OF POWERS OF, AND MAKING OF RULES BY STATE
GOVERNMENT
26. Delegatio n of the powers of the State Government. - The State
Government may, by notification in the Official Gazette, delegate all or any of the
powers conferred on it by this Act, except that of making rules, to the Licensing
Authority or to any other authority, t o be exercised within such area and subject to
such conditions as may be specified in the notification.
27. Power to make Rules. - (1) The State Government may, after previsious
publication make rules to carry out the purpose of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power,
such rules may prescribe-
(a) The power and duties of the Chief Inspector and the District Inspector
appointed under section 5,
(b) The accidents of which notice shall be given to the Licensing Authority and
to the District Inspector,
(c) The duties of the promoter, promoter's servants and of police officers, and
magistrate on the occurrence of an accident;
(d) The standard dimensions and specifications to which the rope -way is to
conform;
(e) The manner in which notice under this Act shall be served,
(f) The safe and efficient working of ropeways;
(g) The conditions under which, and the manner in which, the powers conferred
on promoters by section 15 and section 16 may be exercised,
(h) the procedure for the disposal of application under sub -section (2) of section
20 to reopen any ropeway or part thereof and the conditions under which
such ropeway may be reopened;
(i) The procedure for filing, hearing and disposing of appeals under this Act;
(j) The fees to be charged to promoters and other persons in respect of licences,
application, enquiries, inspection, and services rendered under this Act,
(k) The procedure for making, hearing and disposing of applications under this
Act;
(1) Provisions for fire fighting, first aid and other amenities, and
(m) Any other matter which is to be or may be prescribed under this Act.
(3) All rules made under this shall be published in the Official Gazette.
(4) Every rule made under this Act shall be la id, as soon as may be after it is
made, before the House of the State Legislature while it is in session for a total period
15
of not less than fourteen days which may be comprised in one section or in two or
more successive sessions and if before the expiry of the session in which it is so laid or
the sessions aforesaid, the House makes any modification in the rule or decides that
the rule should not be made, the rule shall thereafter have effect only in such modified
form or be of no effect, as the case may be, so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously done under
that rule.
28. Power to remove difficulties.- (1) If any difficulty arises in the giving effect
to the provisions of thi s Act, the State Government may, by order, published in the
Official Gazette, make such pro - visions not inconsistent with the provisions of this
Act.
(2) Every order issued in this regard under sub section (1) shall be laid before
each house of the State Legislature. Wherever power to make bye laws is to be
provided.
The above translation of ಕರ್ನಾಟಕ ಪ್ ರ ವಾಸೋದ್ಯ ಮ ರೋಪ್ವೇಗಳ ಅಧಿನಿಯಮ,
2024 (2025 ರ ಕರ್ನಾಟಕ ಅಧಿನಿಯಮ ಸಂಖ್ಯಯ : 08) be published in the official Gazette
under clause (3) of Article 348 of the constitution of India.
THAAWARCHAND GEHLOT
GOVERNOR OF KARANATAKA
By Order and in the name of
the Governor of Karnataka,
G. SRIDHAR
Secretary to Government
Department of Parliamentary
Affairs and Legislation