LexThe Maharashtra Aerial Ropeways Act.
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1956 : III] 1
THE MAHARASHTRA AERIAL ROPEWAYS ACT
[Text as on 29th January 2025]
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CONTENTS
PREAMBLE.
SECTIONS.
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
ADVISORY BOARD AND ESTABLISHMENT
3. Power of State Government to constitute Advisory Board for aerial ropeways.
4. Appointment of Inspectors and S ubordinate Officers and servants and their powers and
duties.
CHAPTER III
AERIAL ROPEWAYS FOR PUBLIC TRAFFIC
Procedure and Preliminary Investigation
5. Unauthorized construction, maintenance, etc., of aerial ropeways prohibited.
6. Application for concession.
7. Contents of application.
8. Sanction to preliminary investigation.
Orders authorizing the Construction of Ropeways
9. Order authorizing construction and contents of such order.
10. Final order.
11. Cessation of powers given by order under section 10.
12. Opening of aerial ropeways to passenger traffic.
13. Promoter and his servants, etc., to afford facilities to Inspector and other officers.
Inspection of Public Aerial Ropeways
14. Inspection of aerial ropeway before opening.
Construction and Maintenance of Aerial Ropeways for Public Traffic
15. Authority of promoter to execute all necessary works.
16. Temporary entry upon land for repairing or preventing accident.
17. Removal of trees, structures, etc.
2 The Maharashtra Aerial Ropeways Act [1956 : III
Working of Aerial Ropeway for Public Traffic
18. Promoter may fix rates.
19. Duty of promoter to work aerial ropeway without partiality.
20. Reporting of accidents.
21. Power to close and re-open aerial ropeway.
Discontinuance of Aerial Ropeways for Public Traffic
22. Cessation of powers of promoter on discontinuance of aerial ropeway.
23. Power of removal of aerial ropeway on cessation of promoter’s powers.
Purchase of Aerial Ropeways for Public Traffic
24. Power of State Government a nd local au thorities to purchase aerial ropeways for public
traffic.
25. Power to promoter to sell when option to purchase exercised and order revoked by consent.
Inability or Insolvency of Promoter
26. Proceedings in case of inability or insolvency of promoter.
27. Lease of aerial ropeway by local authority.
Review and Revision
28. Review of orders under section 10 or 21.
29. Orders of Collector subject to revision by State Government.
CHAPTER IV
PRIVATE AERIAL ROPEWAYS FOR CERTAIN PURPOSES
30. Application for acquisition of land in case of certain private aerial ropeways.
31. Agreement.
32. Temporary occupation of land in case of private aerial ropeway.
CHAPTER V
OFFENCES, PENALTIES AND ARREST
33. Failure of person or promoter to comply with Act.
34. Unlawfully obstructing promoter or lessee in exercise of his powers.
35. Unlawfully interfering with aerial ropeway.
36. Maliciously doing, abetting or attempting to do , acts endangering safety of persons
travelling or being upon aerial ropeway.
37. Arrest for offences against certain sections.
CHAPTER VI
MISCELLANEOUS
38. Returns.
39. Protection of road railways, tramways and water-ways.
1956 : III] The Maharashtra Aerial Ropeways Act 3
40. Acquisition of land by promoter.
41. Limitation of claims for damage to animals or goods.
42. Application of Act to certain private aerial ropeways.
43. Inspectors, officers and servants to be public servants.
44. Protection of persons acting in good faith under this Act.
45. Power of State Government to make rules.
4 The Maharashtra Aerial Ropeways Act [1956 : III
1956 : III] The Maharashtra Aerial Ropeways Act 5
LIST OF AMENDMENT ACTS
1. Amended by Mah. 10 of 1970 (23-02-1970)
2. Amended by Mah. 24 of 2012 (22-08-2012)
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
6 The Maharashtra Aerial Ropeways Act [1956 : III
1956 : III] The Maharashtra Aerial Ropeways Act 7
ACT No. III OF 19561
[THE MAHARASHTRA AERIAL ROPEWAYS ACT.]2
[This Act received the assent of the President on the 17th February 1956; assent was first published
in the Maharashtra Government Gazette, Extraordinary No. 5, Part IV, on the 22nd February 1956.]
An Act to authorize, facilitate and regulate the construction and working
of aerial ropeways in the 3[State of Maharashtra].
WHEREAS it is expedient to authorize, facilitate and regulate the construction and working of
aerial ropeways in the 4[State of Maharashtra]; It is hereby enacted in the Sixth Year of the Republic of
India as follows :—
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement. — (1) This Act may be called the 5[Maharashtra]
Aerial Ropeways Act.
6[(2) It extends to the whole of the State of Maharashtra.]
(3) It shall come into force 7[in the Bombay area of the State of Maharashtra] on such date8 as the
state Government may, by notification, in the Official Gazette, 9[appoint ; and that part of the State of
Maharashtra to which it is extended by the Bombay Aerial Ropeways (Extension and Amendment)
Act, 1969 (Mah. X of 1970), it shall come into force on such other date as the State Government may,
by like notification published in the like manner, appoint.]
10[(4) On the commencement of this Act in the manner provided in sub -section (3) in any area to
which this Act is extended by the Bombay Aerial Ropeways (Extension and Amendment) Act, 1969
(Mah. X of 1970), all rules made under this Act and in force in the Bombay area o f the State of
Maharashtra immediately before such commencement, shall also extend to, and be in force in, that
area.]
2. Definitions.— In this Act, unless there is anything repugnant in the subject or context,—
(a) “aerial ropeway” means a system of over head ropes on which carriers are used for the
purpose of carriage of passengers, animals or goods and includes posts, ropes, carriers, stations,
offices, warehouse, 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 suspended from or, hauled by, a rope
and used for the carriage of passengers, animals or goods or for any other purpose in connectio n
with the working of a ropeway;
(c) “Inspector” means an Inspector of aerial ropeways appointed under section 4;
(d) “ Post” means a post trestle, standard, strut, stay or other contrivance or part of a
contrivance for carrying, suspending or supporting a rope;
(e) “prescribed” means prescribed by rules made under this Act;
(f) “promoter” means any person in whose favour an order has been made under section 10
or under section 30 or on whom the rights and liabilities conferred or imposed on the promoter by
1 For Statement of Objects and Reasons of the L. A. Bill No. XLVII of 1955, see Bombay Government Gazette, 1955,
Extraordinary No. 42, Part V, dated the 1st August 1955, pages 218-219.
2 This Act was extended to the rest of the State of Maharashtra (vide Mah. 10 of 1970, s. 2).
3 These words were substituted for the words “State of Bombay” by Mah. 10 of 1970, s. 3.
4 These words were substituted for the words “State of Bombay” by Mah. 10 of 1970, s. 3.
5 Short title was amended as the Maharashtra Aerial Ropeways Act by Mah. 24 of 2012, s. 3, Sch., w.e.f. 1.5.1960.
6 Sub-section (2) was substituted by Mah. 10 of 1970, s. 4(a).
7 These words were inserted by Mah. 10 of 1970, s. 4(b)(i).
8 15th January 1960 (vide G. N., P. W. D., No. TRM. 1559, dated 31st December 1959).
9 This portion was substituted for the word “appoint” by Mah. 10 of 1970, s. 4(b)(ii).
10 Sub-section (4) was added by Mah. 10 of 1970, s. 4(c).
8 The Maharashtra Aerial Ropeways Act [1956 : III
this Act or by rules and orders made under this Act as to the construction, maintenance and use of
aerial ropeways have devolved or have been imposed by section 42; and includes a lessee to
whom a lease has been granted under section 27;
(g) “rate” includes any fare, charge or other payment for the carriage of passengers, animals
or goods on an aerial ropeway;
(h) “rope” includes any cable, wire, rail or way, whether flexible o r rigid, for suspending,
carrying or hauling a carrier if any part of suc h cable, wire, rail or way is carried overhead and is
suspended from or supported on posts;
(i) “rules” means rules made under this Act;
(j) “undertaking” means all moveable and immoveable property of the promoter suitable to
and used by him for the purposes of an aerial ropeway.
CHAPTER II
ADVISORY BOARD AND ESTABLISHMENT
3. Power of State Government to constitute Advisory Board for aerial ropeways. — (1) The
State Government shall, by notification in the Official Gazette, constitute an Advisory Board for aerial
ropeways.
(2) Such Board shall consist of a Chairman to be appointed by the State Government who shall be
a Chief Engineer to the State Government and two persons to be appointed by the State Government as
expert members.
(3) The State Government may, by general or special order,—
(a) define the duties of, and regulate the procedure of, the Advisory Board;
(b) determine the tenure of office of the 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.
4. Appointment of Inspectors and subordinate officers and servants and their powers and
duties.— (1) The State Gove rnment may appoint such persons as they deem fit to be Inspectors of
aerial ropeways.
(2) The Inspector shall exercise such powers and perform such functions and duties as may be
provided by or under the provisions of this Act. It shall also be the duty of any such Inspector from
time to time to inspect such 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 State Government may also appoint other subordinate officers and servants with such
designations and assign to them such powers, duties and functions as may be necessary for carrying out
the purposes of this Act.
CHAPTER III
AERIAL ROPEWAYS FOR PUBLIC TRAFFIC
Procedure and Preliminary Investigation
5. Unauthorized construction, maintenance, etc., of aerial ropeways prohibited.— No aerial
ropeway shall be constructed, opened, maintained or worked except in accordance with the provisions
of this Act.
6. Application for concession. — Every application by an intending promoter other than the
State Government for permission to undert ake the necessary preliminary investigations in regard to a
proposed aerial ropeway shall be submitted to the State Government.
1956 : III] The Maharashtra Aerial Ropeways Act 9
7. Contents of application.— Every application to be made under section 6 shall include,—
(a) a description of the undertaking and of the route to be followed by the proposed aerial
ropeway;
(b) a description of the system of construction and management and of the 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 in respect thereof;
(e) a statement of the maximum and minimum rates which it is proposed to charge;
(f) such maps, plans, sections and drawings in connection therewith as the State Government
may require in order to form an idea of the proposal.
8. Sanctions to preliminary investigation.— (1) Subject to the provisions of this Act, and o f
section 4 of the Land Acquisi tion Act, 1894 (I of 1894), the State Government may accord sanction to
the intending promoter to make such surveys as may be necessary, and require him to submit such
detailed estimates, plans, sections and specif ications and such further infor mation as it may think
necessary for the full consideration of the proposal.
(2) The intending promoter shall not be entitled to claim any compensation from the State
Government for any expense incurred under this section in the event of his application being refused.
Orders Authorizing the Construction of Ropeways
9. Order authorizing construction and contents of such order. — (1) The State Government
may, on application made by any intending promoter, and after due consideration of the details
supplied in accordance with section 8, publish in the Official Gazette a draft of the proposed order
authorising the construction by, or on behalf of, such promoter, subject to such restrictions and
conditions as the State Government may think proper, of an aerial ropeway within any area, or along
any route specified in such order—
(a) for the public carriage of passengers;
(b) for the public carriage of passengers and goods;
(c) for the public carriage of animals and goods; or
(d) for the public carriage of passengers, animals and goods.
(2) A notice shall be published with the draft order stating that any objection or suggestion which
any person may desire to make with respect to the proposed order, if submitted to the State
Government within three months from the date of publication of such notice will be considered by the
State Government.
(3) The State Government shall also cause public notice of the intention to make the order to be
given at convenient places within the said area or along the said route, and shall, so far as may be
conveniently possible, cause a like noti ce 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 the period specified in such notice and decide thereon.
(4) The draft of the proposed order may specify—
(i) a time within which the capital required for the construction of the aerial ropeway shall
be raised;
(ii) a time within which the construction shall be commenced;
(iii) a time within which the construction shall be completed;
(iv) the conditions under which any concession may be given by the State Government or a
local authority to the promoter;
(v) subject to the provisions of section 24, the rights of purchase by the Sta te Government
by a Local Authority concerned;
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(vi) the conditions relating to the structural design, quality of materials, factors of safety,
method of computing stresses, and other such technical detail as may be considered necessary;
(vii) the conditions relating to the construction of the aerial ropeway over public ways of
communication except highways which are or have been declared by or under any law made by
Parliament to be national highways, railways and tramways not wholly within a municipal area,
and, with the previous consent of the Central Government or the railway administration, as the
case may be, over such national highways, railways and tramways or over mining properties;
(viii) the conditions under which the promoter may sell or transfer hi s rights to the State
Government or to a local authority, or to any other person;
(ix) 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;
(x) the motive power to be used on the aerial ropeway and the conditions, if any, on which
such power may be used;
(xi) the minimum headway to be maintained under different parts of the rope;
(xii) the points under the rope at which bridges or guards shall be constructed and
maintained;
(xiii) the amount of security, if any, to be deposited by the promoter in the event of his
application being granted;
(xiv) the traffic which may be carried on the aerial ropeway, the traffic which the promoter
shall be bound to carry, and the traffic which he may refuse to carry;
(xv) subject to the provisions of section 18, the rates that may be charged by the promoter
and the circumstances in which and the manner in wh ich these rates may be revised by the State
Government; and
(xvi) such other matters as the State Government may deem necessary.
10. Final order. — (1) If, after considering any objections or suggestions which may have been
made in respect to the draft before the expiry of the period of three months specified in sub-section (2)
of section 9, the State Government is of opinion that the application should be granted with or without
modifications, or subject to any restrictions or conditions, it shall make an order accordingly.
(2) Every order authorizing the construction of an aerial ropeway made under sub -section ( 1)
shall be published in the Official Gazette, and such publication shall be conclusive proof that the order
has been made as required by this section.
11. Cessation of powers given by order under section 10. — If a promoter authorized by an
order made under section 10 to construct an aerial ropeway does not within the time specified in the
order—
(a) succeed in raising the full amount of capital required for the completion of such
ropeway, or
(b) substantially commence the construction of such ropeway, or
(c) complete the construction thereof,
the powers given to the promoter by such order shall, unless the State Government extends
the time so specified, cease to be exercised.
12. Opening of aerial ropeway to passenger traffic. — When the construction of an aerial
ropeway has been authorized under this Act for the public carriage of animals and goods only, the State
Government may, on application made by the promoter, sanction the opening of such ropeway for the
public carriage of passengers also.
13. Promoter and his servants, etc. to afford facilities to Inspector and other officers.— The
promoter, his servants, agents or any person acting on his behalf shall afford to all Inspectors and
1956 : III] The Maharashtra Aerial Ropeways Act 11
officers and servants appointed under section 4 reasonable facilities for the exercise of the powers and
the performance of the duties and functions conferred and imposed on them under the provisions of
this Act and the rules.
Inspection of Public Aerial Ropeway
14. Inspection of aerial ropeway before opening. — (1) No aerial ropeway shall be opened for
any kind of traffic until the State Government or an Inspector empowered by the State Government in
this behalf has, by an order, sanctioned the opening thereof for that purpose. Such sanction shall not be
given until rules for the safe and efficient working of the aerial ropeway have been duly made under
section 45 and an Inspector has, after inspection of the aerial ropeway, reported in writing to the State
Government—
(a) that he has made a careful inspection of the aerial ropeway and appurtenances;
(b) that the moving and fixed dimensions and other conditions prescribed under sub -section
(4) of section 9 and sub-section (1) of section 10 have been complied with;
(c) that the aerial ropeway is sufficiently equipped for the traffic for which it is intended ;
(d) that the aerial ropeway is in his opinion, fit for public traffic and can be used without
danger either to the persons, animals or goods car ried thereon, 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 of the
aerial ropeway, and to deviation lines and any alteration or re -construction materially affecting the
structural character of any work to which the provisions of sub -section (1) apply or a re extended by
this sub-section.
Construction and Maintenance of Aerial Ropeways for Public Traffic
15. Authority of promoter to executive all necessary works.— (1) Subject to the provisions of
this Act and the rules, and in the case of immovable property not belonging to the promoter, to the
provisions of any enactment for the time being in force for the acquisition of land for public purposes a
promoter of an aerial ropeway for public traffic may—
(a) make such survey as he thinks necessary;
(b) place and maintain posts in or upon any immovable property;
(c) suspend and maintain a rope over, along or across any immovable property;
(d) make such bridges, culverts, drains, embankments and roads as may be necessary;
(e) erect and construct such machinery, offices, stations, warehouses and other buildings,
works and conveniences as may be necessary; and
(f) do all other acts necessary for constructing, maintaining, altering, repairing and using the
aerial ropeway:
Provided that, a promoter may take any action under clause ( b) or clause ( c) of this sub-section,
notwithstanding the objection of the owner or occup ier of the property affected thereby, if the
Collector, after giving such owner and occupier by notice in writing an opportunity of being heard, by
an order in writing, permits such action.
(2) When making an order under the proviso to sub-section (1), the Collector shall fix the amount
of compensation or of annual rent or of both which should, in his opinion, be paid by the promoter to
the owner of the property affected thereby, or, in the case of immovable property, to the owner or
occupier thereof.
Explanation.— For the purposes of this section, if a promoter is not a company within the
meaning of the Indian Companies Act, 1913 (VII of 1913), or a local authority, such promoter shall be
deemed to be a company and the prov isions of Part VII of the Land Acquisition Act, 1894
(I of 1894), shall mutatis mutandis apply to the acquisition of immovable property on his behalf.
12 The Maharashtra Aerial Ropeways Act [1956 : III
16. Temporary entry upon land for repairing or preventing accident. — (1) Subject to the
rules, a promoter may, at any time, for the pu rpose of examining, repairing or altering an aerial
ropeway or of preventing any accident, enter upon any immovable property adjoining such ropeway for
public traffic, and may do all such works as may be necessary for such purpose.
(2) In the exercise of t he powers conferred by sub -section (1), the promoter shall cause as little
damage as possible, and compensation shall be paid by him for any damage so caused; and in case of
dispute as to the amount of such compensation, or the person to whom it shall be p aid, the matter shall
be referred to the decision of the Collector.
17. Removal of trees, structures, etc. — (1) Where any tree standing or lying near an aerial
ropeway for public traffic, or where any structure or other object which has been placed or had fallen
near any such ropeway subsequently to the issue of an order under section 10 in regard to such
ropeway, interrupts or interferes with, or is likely to interrupt or interfere with, the construction,
maintenance, alteration or use of the ropeway, the Collector may, on the application of the promot er,
cause the tree, structure or object to be removed or otherwise dealt with as he thinks fit.
(2) When disposing of an application under sub-section (1), the Collector shall, in the case of any
tree in existence before the construction of the aerial ropeway, award to the person interested in the tree
such compensation, if any, as he thinks reasonable and the Collector may recover the sam e from the
promoter as an arrear of land revenue.
Explanation.— For the purposes of this section, the expression “tree” shall be deemed to include
any shrub, hedge, junglegrowth or other plant.
Working of Aerial Ropeway for Public Traffic
18. Promoter may fix rates.— The promoter of an aerial ropeway for public traffic shall, for the
purposes of such ropeway, and subject to such maximum and minimum rates as may be prescribed,
have power from time to time to fix the rates for the carriage of passengers, animals or good s, as the
case may be, on such ropeway.
19. Duty of promoter to work aerial ropeway without partiality.— No promoter shall, for the
purposes of working an aerial ropeway for public traffic make or give any undue or unreasonable
preference or advantage to, or in favour of, any particular person or any particular description 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 for public traffic, namely :—
(a) any accident attended with loss of human life or with grievous hurt as defined in the
Indian Penal Code (XLV of 1860), or with serious injury to property;
(b) any accident of a description usually attended with loss of human life or with such
grievous hurt as aforesaid or with serious injury to property;
(c) any accident of any other description which the State Government may specify in this
behalf in the rules,
the promoter shall, without unnecessary delay, send notice of the accid ent to the State
Government and to the Inspector and the servant of the promoter in charge of the station on the
aerial ropeway nearest to the place at which the accident occurred or, where there is no station,
the promoter's servant in charge of the secti on of the aerial ropeway on which the accident
occurred, shall, with the least possible delay, give notice of the accident in Greater Bombay, to
the Commissioner of Police and elsewhere to the Magistrate of the district in which the accident
occurred and t o the officer in charge of the police station within the local limits of which such
accident occurred.
21. Power to close and re -open aerial ropeway. — (1) If, after inspecting any aerial ropeway
opened to public traffic an Inspector is of opinion that the aerial ropeway or any specified part thereof
cannot be used without danger to the public, or is no longer in a fit state for the carriage of any
1956 : III] The Maharashtra Aerial Ropeways Act 13
specified class of traffic, he shall state that opinion, together with the ground therefor, to the State
Government.
(2) The State Government, after such further inquiry, if any, as it may think fit, may thereupon
order that, for reasons, to be set forth in the order, the aerial ropeway, or the part thereof so 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 ropeway or any part thereof which he considers necessary pending the orders of the
State Government on the case.
(3) When, under sub -section ( 2) an ae rial ropeway or any part thereof has been closed to any
traffic, it shall not be re -opened to such traffic, until it has been inspected, and its re -opening
sanctioned, in the prescribed manner.
Discontinuance of Aerial Ropeways for Public Traffic
22. Cessation of powers of promoter on discontinuance of aerial ropeway. — If, at any time
after the opening of an aerial ropeway for public traffic, it is proved to the satisfaction of the State
Government that the promoter has, continuously for a period of three months or more, discontinued the
working of the aerial ropeway or of any part there of, without a reason sufficient; in the opinion of the
State Government, to warrant such discontinuance, the State Government, if it thinks fit, may by
notification in the Official Gazette, declare that the powers of the promoter in respect of such ropeway
or part thereof shall be at an end, and with effect from the date of the publication of such notification,
the promoter shall cease to exercise such powers.
23. Power of removal of aerial ropeway on cessation of promoter’s powers. — (1) When a
notification has been published under section 22, in respect of any aerial ropeway or of any part
thereof—
(a) an officer appointed in that behalf by the State Government may, at any time after the
expiration of two months from the date of such notification, remove such ropeway or part thereof,
as the case may be; and
(b) the promoter shall pay to the officer so 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—
(a) may, 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
(b) may, out of the proceeds of the sale, pay and reimburse himself the amount of costs
certified as aforesaid and of the costs of the sale; and
(c) shall pay the surplus, if any, of such proceeds to the promoter.
Purchase of Aerial Ropeways for Public Traffic
24. Power of State Government and local authorities to purchase aerial ropeways for public
traffic.— (1) When an order under section 10 has been made in favour of a promoter of an aerial
ropeway for public traffic not being a local authority, the State Government, or a local authority
specified in the order published under the said section 10 shall on the expiration of such period not
exceeding twenty-one years, and of every such subsequent period, not exceeding seven years, as shall
be specified in such order, have the option of purchasing the undertaking, and if the State Government,
or the local authority with the previou s sanction of the State Govern ment, elects to so purchase the
undertaking, the promoter shall sell the undertaking to the State Government or to the local authority,
as the case may be, on payment of the value of all lands, buildings, works, materials, plant and
apparatus of the promoter, suitable to, and used by him for the purposes of the undertaking, such value
to be in case of difference or dispute determined by arbitration:
14 The Maharashtra Aerial Ropeways Act [1956 : III
Provided that, the value of such lands, buildings, works, materials, plant and apparatus shall be
deemed to be their f air market value at the time of purchase, due regard being had to the nature and
condition for the time being of such lands, buildings, works, materials, plant and apparatus, and to the
state of repair thereof, and to the circumstances that they are in suc h a position as to be ready for
immediate working, and to the suitability of the same for the purposes of the undertaking.
(2) Where a purchase has been effected under sub-section (1)—
(a) the undertaking shall vest in the purchase free from any debts, mortgages or similar
obligations of the promoter or attaching to the undertaking:
Provided that , any such debts, mortgages or similar obligations shall attach to the purchase -
money in substitution for the undertaking; and
(b) save as aforesaid, the order published under section 10 shall remain in full force, and the
purchaser shall be deemed to be the promoter:
Provided that, where the State Government elects to purchase, the order under section 10 shall,
after purchase, in so far as the State Governmen t is concerned, cease to have any further operation but
all the other provisions of this Act except ing section 33 in so far as they relate to aerial ropeways for
public traffic shall apply in respect of the undertaking so purchased by the State Government.
(3) Not less than two years' notice in writing of any election to purchase under this section shall
be served upon the promoter by the State Government or the local authority, as the case may be.
(4) Notwithstanding anything herein before contained, a local authority may, with the previous
sanction of the State Government, waive its option to purchase and enter into an agreement with the
promoter for the working by him of the undertaking until the e xpiration of the next subsequent period
referred to in sub-section (1) upon such terms and conditions as may be stated in the agreement.
25. Power to promoter to sell when option to purchase 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 a local authority purchases the undertaking, and the order published under section 10
is, on the application or with the consent of the promoter, re voked, the promoter shall have the opt ion
of disposing of all lands, buildings, works, materials, plant and apparatus belonging to the undertaking
in such manner as he may think fit.
Inability or Insolvency of Promoter
26. Proceedings in case of inabilit y or insolvency of promoter. — (1) If, at any time after the
opening of an aerial ropeway for public traffic, it appears to the State Government that the promoter is
insolvent or is unable to maintain the aerial ropeway, or to work the sa me with advantage to the public
or to work it at all, the State Government may declare that the powers of the promoter, in respect of
such ropeway, shall, at the expiration of six months from the date of such declaration, be at an end; and
thereupon the promoter shall, at the expiration of that period cease to exercise such powers.
(2) At any time after the expiration of the said period of six months, an officer appointed by the
State Government in that behalf, may, notwithstanding anyth ing contained in the P residency-Towns
Insolvency Act, 1909 (III of 1909) , or the Provincial Insolvency Act, 1920 (V of 1920) , remove the
aerial ropeway in the same manner and subject to the same provisions as to the payment of costs and to
the same remedy for the recovery thereof, in every respect, as in cases of removal under section 23.
27. Lease of aerial ropeway by local authority.— (1) Where the promoter of an aerial ropeway
for public traffic is a local authority or where a local authority has purchased any such ropeway under
section 24, such local authority may with the previous sanction of the State Government and subject to
such conditions as the State Government may think fit to impose, let to any person, by a lease, the right
of user of the aerial ropeway and of demanding and taking the rates for the carriage of passengers,
animals or goods, as the case may be, on such ropeway subject to such maximum and minimum rates
as may be prescribed.
(2) On the determination of such lease, the local authority may from time to time renew the lease
for such further term and on such conditions as the State Government may approve.
1956 : III] The Maharashtra Aerial Ropeways Act 15
(3) Every lease may under this section shall imply a condition of re -entry if at any time after the
making or renewal thereof, it is proved to the satisfaction of the State Government that the lessee has
practically discontinued the working of the aerial ropeway so leased or of any part thereof for a period
of one month without a reason sufficient in the opinion of the State Government to warrant the
discontinuance.
(4) Any person to whom any right of the promoter is let by a lease under sub -section (1) or ( 2)
shall furnish the local authority with security for such amount as the local authority may determine for
the due fulfilment of the conditions of the lease.
(5) Any person to whom any right of the promoter is let under sub -section (1) or ( 2) shall not
exercise such right except in accordance with the conditions of the lease an d the provisions of this Act
and the rules and in the case of a contravention of any of the provisions of this Act or the rules he shall
be subject to the same liability as a promoter.
Review and Revision
28. Review of orders under section 10 or 21. — (1) When any person is aggrieved by an order
made under section 10 or under section 21, such person, on payment of the prescribed fees, may within
thirty days of the said order, apply to the State Government for review of the same, and the State
Government s hall then take the advice of the Advisory Board in the prescribed manner and shall
consider such advice and pass such orders in the matter as the State Government may think to be just
and proper.
(2) With a view to enabling the Board to tender their advice under sub-section (1) the Board, with
the consent of the State Government and on payment of such further fees as may be prescribed, may
make such further inquiry into the matter as the Board may consider to be necessary.
29. Orders of Collector subject t o revision by State Government. — No suit shall lie, in
respect of any matter referred to in the proviso to sub -section ( 1) or sub -section ( 2) of section 15,
section 16 or sub -section (1) of section 17, but every order made by the Collector under any of these
sections, and every award made by him under sub -section (2) of section 17 shall be subject to revision
by the State Government except in the case of an award of compensation made by the Collector on
account of action taken under clause ( b) or ( c) of sub-section (1) of section 15, which award shall be
subject to revision by a Judge of the City Civil Court in Greater Bombay and elsewhere by the District
Judge.
CHAPTER IV
PRIVATE AERIAL ROPEWAYS FOR CERTAIN PURPOSES
30. Application for acquisition of land in case of certain private aerial ropeways.— (1) Where
the State Government is satisfied that the construction, extension, working or management of an aerial
ropeway for private traffic is likely to prove useful to the public by reason of its facilitating the
transport of commodities, in general use or is required for the conservation or supply of such
commodities and where the intending promoter of such ropeway is desirous of obtaining any land for
the purpose of such construction, extension, working or management, the State Government may, on
the application of such promoter, acquire on his behalf such land under the provisions of any enactment
for the time being in force for the acquisition of land for public purposes or procure the temporary
occupation of the same under the provisions of Part VI of th e Land Acquisition Act, 1894 (I of 1894),
whether the said intending promoter is or is not a company as defined in that Act.
(2) The State Government shall, by notification in the Official Gazette, declare the commodities
which shall be deemed to be commodities in general use for the purposes of sub-section (1).
Explanation.— For the purposes of this Act, if a promoter is not a company within the meaning
of the Indian Companies Act, 1913 (VII of 1913), or a local authority, such promoter shall be deemed
to be a company and the provisions of Part VII of the Land Acquisition Act, 1894 (I of 1894) , shall
mutatis mutandis apply to the acquisition of immovable property on his behalf.
31. Agreement.— (1) No order shall be made by the State Government under sub-section (1) of
section 30 until an inquiry has been held as hereinafter provided and the intending promoter has
16 The Maharashtra Aerial Ropeways Act [1956 : III
entered into an agreement with the State Government in respect of the matters mentioned in sub -
section (4).
(2) Such inquiry shall be held by such officer and at such time and place as the State Government
shall appoint.
(3) Such officer may summon and enforce the attendance of witnesses and compel the production
of documents by the same means and, as far as possible in the same manner as is provided by the Code
of Civil Procedure, 1908 (V of 1908), in the case of civil court.
(4) Such officer shall report to the State Government the result of the inquiry, and if the State
Government is satisfied that the aerial ropeway is or is likely to be us eful to the public, it shall, subject
to the rules, require the intending promoter to enter into an agreement with the State Government
providing to the satisfaction of the State Government for the following matters, namely:—
(a) the terms on which the aerial ropeway shall be held by the promoter;
(b) the time within which, and the conditions on which, the aerial ropeway shall be
constructed, maintained and used.
(5) Every such agreement shall, as soon as may be after its execution, be published in the Official
Gazette.
32. Temporary occupation of land in case of private aerial ropeway. — If land is to be
occupied temporarily in accordance with the provisions of sub -section (1) of section 30 on behalf of
the promoter of an aerial ropeway for private traffic, and if the State Government, on the application of
the promoter, so directs, then the provisions of Part VI of the Land Acquisition Act, 1894 (I of 1894),
shall apply to such occupation, subject to the provisions that, notwithstanding anything contained in
section 36 of the Land Acquisition Act, 1894 (I of 1894), the occupation and use by the promoter of the
land occupied shall continue for such period, not exceeding ten years, as the State Government may
fix, and that the compensation payable t o the persons interested in such land shall be fixed with due
regard to any additional loss or inconvenience caused to them by reason of such period of occupation,
including loss caused by the interruption of the getting of minerals by reason of such occupation.
CHAPTER V
OFFENCES, PENALTIES AND ARREST
33. Failure of person or promoter to comply with Act. — (1) If any person constructs, opens,
maintains or works any aerial ropeway, in contravention of the provisions of section 5, or
(2) if any promoter of an aerial ropeway for public traffic—
(a) constructs or maintains an aerial ropeway otherwise than in accordance with the
provisions of an order made under section 10, or
(b) fails to comply with the provisions of section 13, or
(c) opens an aerial ropeway or permits it to be opened in contravention of any of the
provisions of section 14, or
(d) fails to pay within a reasonable time any compensation awarded under section 15, 16, 17
or 29, or
(e) contravenes any of the provisions of section 19, or
(f) fails to send notice of any accident as required by section 20, or
(g) fails to close an aerial ropeway in accordance with an order passed under sub -section (1)
of section 21, or re -opens any aerial ropeway in contravention of sub -section (2) of that section,
or
(h) continues to exercise the 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 38, or
1956 : III] The Maharashtra Aerial Ropeways Act 17
(j) contravenes any of the provisions of section 39; or
(k) contravenes the provisions of any rule made under section 45,
such person or the promoter, as the case may be, shall, without prejudice to the enforcement of
specific performance of the requirements of this Act, or of any other remedy, which may be
obtained against him, on conviction, be punished with fine which may extend to two hundred
rupees and, in the case of a continuing offence, to a further fin e which may extend in the case of
an offence specified in sub-clause (d), (e), (f), (i), (j) or (k) of clause (2) to fifty rupees, and in the
case of an offence specified in clause (1) or sub-clause (a), (b), (c), (g) or (h) of clause (2) to one
thousand rupees for every day after the first conviction during which the offence continues to be
committed.
34. Unlawfully obstructing promoter or lease in exercise of his powers. — If any per son
without lawful excuse, the burden of proving which shall be upon him, wilfully obstructs any person
acting under the authority of the promoter in the lawful exercise of his powers in constructing,
maintaining, altering, repairing, using or working an aerial ropeway, or destroys any mark made for the
purpose of setting out the line or route of such ropeway, he shall, on conviction, b e punished with fine
which may extend to two hundred rupees.
35. Unlawfully interfering with aerial ropeway. — If any person without lawful excuse, the
burden of proving which shall be 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 a manner as to obstruct any carrier travelling on an aerial
ropeway,
(c) attempts to do or abets within the meaning of the In dian Penal CoExcerpt shown. Open the full act in Lexace.