The Meghalaya Ropeway Act, 2022 (Act No. 14 of 2022)

NOTIFICATION
The 27th September, 2022.
No.LL(B).34/2022/2.—The Meghalaya Ropeway Act, 2022 (Act No. 14 of 2022)
is hereby published for general information.
The Gazette of Meghalaya
EXTRAORDINARY
PUBLISHED BY AUTHORITY
 No. 165            Shillong, Tuesday, September 27, 2022          5th Asvina, 1944 (S. E.)
PART-IV
GOVERNMENT OF MEGHALAYA
LAW (B) DEPARTMENT
———
MEGHALA YA  ACT  NO. 14  OF  2022
(As passed by the Meghalaya Legislative Assembly)
Received the assent of the Governor on the 23rd September, 2022.
Published in the Gazette of Meghalaya Extra-Ordinary issue dated 27th September, 2022.
THE MEGHALAYA ROPEWAY ACT, 2022
An
ACT
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to authorise, facilitate and regulate the construction, operations and maintenance of ropeways in
the State.
Be  it  enacted  by  the  Legislative Assembly of Meghalaya in the Seventy Third Year of the
Republic of India as follows:-
Short Title, Extent and
Commencement. CHAPTER 1 - PRELIMINARY
1. (1) This Act shall be called the Meghalaya Ropeway Act, 2022.
(2) It shall extend to whole of the State of Meghalaya.
(3) It shall come into force on such date as the State Government may, by
notification in the Official Gazette, appoint in this behalf.
2.       In this Act, unless there is anything repugnant in the subject or context:-
(a) “Applicable Law” means all laws, brought into force and effect by the
Government of India or the State Government including rules, regulations
and notifications  made  thereunder  and  judgments, decrees, injunctions,
writs and orders of any court of record, as may be in force in the State,
from time to time;
(b)       “Authority” means Meghalaya Ropeway Development Authority;
(c) “Carrier” means any vehicle or receptacle hung or suspended from or
hauled by a rope and used for the carriage of passengers or for any other
purpose in connection with the operations of a ropeway;
(d) “Chief Ropeways Inspector” and “Project 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 Ropeways Project;
(e) “Development fund” means the receipt of the Authority under this Act;
(f) “Entity” means and  includes a  company,  trust, society, firm or a body
corporate or any other organization established in accordance with the
applicable laws;
(g) “Expert Committee” means a Committee constituted under section 24
of this Act;
(h) “Government” or “State Government” means the Government of
Meghalaya;
(i) “Licence” means a licence authorising the construction, operation and
maintenance of a ropeway under this Act;
Definitions.
(j) “Licensing Authority” means an Empowered Committee having powers
to grant licences under section 22 of this Act;
(k) “Local Authority” means traditional tribal bodies which includes Nokma,
Sordar, Syiem, Sirdar (Sardar), Doloi, Wahehshnong, Wahadadar, Lyngdoh
and Rangbah Shnong or any other such body constituted as per the
traditions, customs and practices in the tribal areas and other authorities
which may be notified by the Government in the Official Gazette;
(I) “Official Gazette” means the Official Gazette of the State of Meghalaya;
(m) “Operator” means an entity which has been authorised by the Promoter
to operate and maintain the ropeway project under a written contract;
(n) “Person” means a natural person;
(o) “Post” means a post, trestle, standard, strut, stay or other contrivance or
part of a contrivance for carrying, suspending or supporting a rope;
(p) “Prescribed” means prescribed by rules made under this Act;
(q) “Promoter” means:-
(i) the State Government;
(ii) any agency or department of the State Government;
(iii) any person or entity which may be selected by the State Government as
per Applicable Law;
(iv) any body corporate, firm or any society registered under the provisions of
any law for the time being in force;
(v) any person or entity which is owning and or operating an existing ropeway
on the date of coming into force of this Act.
(r) “PPP” means and refers to Public Private Partnership;
(s) “Project Committee” means a District Level Committee constituted under
the chairmanship of the Deputy Commissioner where the ropeway project
is being developed as provided in section 34 of the Act;
(t) “Rate” means and includes fare, charge or other payment for the carriage
of passengers;
(u) “Rope” includes any cable, wire, rail or way, whether flexible or rigid,
used for suspending, carrying or hauling a carrier;
(v) “Ropeway” means a ropeway used for public or private carriage of
passengers 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 land appurtenant thereto;
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(w)      “State” means the State of Meghalaya;
(x) “Sinking Fund” means the fund for repayment of money borrowed or
floated or issuing debentures by the Authority under section 15 of the Act;
(y) “Undertaking” means all movable and immovable property of the Promoter
suitable to and used by him for the purposes of a ropeway.
                         Chapter - II
 Establishment and Constitution of Meghalaya Ropeway Development
 Authority
3. (1) The State Government shall for the purpose of this Act establish and
constitute, by notification in the Official Gazette, under Department of
Tourism of the State Government, an authority called ‘Meghalaya Ropeway
Development Authority’, which shall be the State nodal agency for
development of ropeways with jurisdiction over Ropeway Development Area,
either on its own or under PPP or through any Promoter.
(2) With a view to ensure the success of the ropeway developmental process,
the Authority, in discussion with the stakeholders, at the developmental
planning stage would facilitate the formulation of a Vision Paper, in
consultation with the Local Authority.
4. (1) The State Government may, by notification  in the Official Gazette, declare
an area with specified limits covered by the ropeway alignment, stations
and any other area contiguous to such area meant for tourism purposes,
to be the Ropeway Development Area.
(2) The State Government may, if it thinks fit, by notification in the Official
Gazette, enlarge, curtail, or modify the Ropeway Development Area or any
part thereof.
5.       The Meghalaya Ropeway Development Authority shall be a body corporate by
the name aforesaid, having perpetual succession and a common seal with power
to acquire, hold, manage and dispose off moveable and immovable property and
to contract and may sue or be sued by its corporate name.
6.        (1) The Authority shall consist of a Chairperson, not below the rank of Secretary
to the Government of Meghalaya and such other members as the State
Government may determine and notify from time to time.
(2) The Authority shall have a ‘Technical Cell’ to be headed by a person not
below the rank of Chief Engineer, for handling    all    technical    matters
related    to    the development,   operations   and   maintenance   of  the
ropeway projects.
(3) The Authority may also appoint other subordinate officers with such
designations and assign to them such powers, duties and functions as
may be necessary for carrying out the purposes of this Act.
Establishment of
Meghalaya Ropeway
Development Authority.
Declaration of
Ropeway Development
Area.
Constitution of the
Authority .
Composition of the
Authority .
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7. (1) Subject to the provisions of this Act and the rules made thereunder and
any direction which the State Government may give from time to time, the
Meghalaya Ropeway Development Authority shall be in charge of planning,
coordinating, promoting, securing the development, safe operations and
maintenance of ropeways and the associated Ropeway Development Area
activities.
(2) All Ropeway Development Area activities shall be carried out in accordance
with the provisions of the respective Applicable Law as may be in force in
the State, from time to time.
(3) Without prejudice to the generality of the functions specified in sub-section
(1), the Meghalaya Ropeway Development Authority shall have the following
powers and functions:—
(a) to carry out or cause to be carried out survey(s) of the Ropeway Development
Area and to prepare report(s) of such survey(s);
(b) to prepare, enforce and execute the Ropeway Development Area plan;
(c) to prepare and execute Public Private Partnership (PPP) mode of
development of ropeways;
(d) to co-ordinate development activities of all departments and agencies of
the State Government or other authorities operating within the Ropeway
Development Area;
(e) to carry out or cause to be carried out such works as are contemplated
in the Ropeway Development Area plan;
(f) to acquire, hold and manage such property, both movable and immovable,
as the Meghalaya Ropeway Development Authority may deem necessary
for the purposes of any of its activities and to lease, sell or otherwise transfer
any property held by it;
(g) to purchase any land and to erect thereon such buildings or structures and
to carry out such operations as may be necessary for the purpose of carrying
on its undertakings;
(h) to enter into or perform such contracts as may be necessary for the
performance of its duties and for exercise of its powers under this Act;
(i) to perform any other function which is supplemental, incidental or
consequential to any of the functions aforesaid or which may be prescribed
by the State Government from time to time.
8. The Meghalaya Ropeway Development Authority shall be governed by the
transaction of business rules including procedure  for  conduct  of   its   meetings,
as   may   be prescribed.
Powers and Functions
of the Authority.
Transaction of
Business of the
Meghalaya Ropeway
Development Authority.
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9. (1) Notwithstanding anything contained in any other law for the time being in
force, the Meghalaya Ropeway Development Authority may give such
directions with regards to the implementation, operation and maintenance
of any ropeway and Ropeway Area Development project, as it may deem
fit.
(2) The Meghalaya Ropeway Development Authority shall so exercise the
powers of supervision referred to under this Act as may be necessary to
ensure that each ropeway and Ropeway Development Area project is
executed in the interest of the overall development of the Ropeway
Development Area and in accordance with the approved plan for the Ropeway
Development Area.
10. (1) Where the Meghalaya Ropeway Development Authority is satisfied that
any direction given by it under sub-section (1) of Section 9 with regards to
any ropeway and Ropeway Development Area project has not been carried
out by such Promoter or any other entity referred to therein or they are
unable to fully implement any scheme undertaken by them for the
development of any part of the Ropeway Development Area, the Meghalaya
Ropeway Development Authority may itself undertake the works and incur
any expenditure for the execution of such development project, as the
case may be, with the approval of State Government.
(2) The Meghalaya Ropeway Development Authority may undertake any works
or schemes in the Ropeway Development Area. It may also undertake
such works as may be directed by the State Government and may incur
such expenditure as may be necessary for the execution of such works or
schemes.
11. (1) The Meghalaya Ropeway Development Authority shall have and maintain
its own fund to which shall be credited:-
(a) all money received by the Authority from the State Government by way of
grants, loans, advances or otherwise;
(b) all development charges or other fees received by the Authority under this
Act or rules or bye-laws made thereunder; and
(c) all money received by the Authority from any other source(s).
(2) The Authority may, in any nationalised or other bank(s) approved by the
State Government in this behalf, open any number of accounts and keep
such portions of each fund as may be prescribed; and any money in excess
of the said sum shall be invested in such manner as may be approved by
the State Government.
12. The State Government may make such grants, advances, and loans to the
Authority as it may deem necessary for the performance of the functions under
this Act and all such grants, advances and loans made shall be utilized on such
Power of the
Meghalaya Ropeway
Development Authority
to give directions.
Power of Meghalaya
Ropeway Development
Authority to execute
any plan.
Fund of the Meghalaya
Ropeway Development
Authority .
Grants, advances and
loans by State
Government.
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terms  and  conditions  as  the  State  Government  may determine.
13. The Authority may, from time to time, borrow by way of loans from such sources
or issue debentures at such rate of interest and for such period and upon terms,
as the State Government may approve.
14. The receipt of the Authority under this Act shall form a separate development fund
and all expenditure under this Act or any development scheme thereunder, shall
be defrayed out of such fund. No portion of the fund shall, except with the sanction
of the State Government, be expended for purposes not provided by this Act.
15. (1) The Authority shall maintain a Sinking Fund for the repayment of money
borrowed or floated or issuing debentures by it.
(2) The  money  paid  into  the Sinking  Fund  shall  be invested in such a
manner and in such securities as may be prescribed by the State
Government.
(3) The Sinking Fund or any part thereof shall be applied as per rules in or
towards the discharge of the loan or part thereof for which such fund is
created and until such loan or part thereof is wholly discharged, the money
standing to the credit of the fund shall be applied for no other purpose.
16. The Authority shall prepare every year in such form as provided, the budget of the
Authority in respect of the next financial year showing the estimated receipt and
expenditure under revenue head and capital head separately, and submit it to the
State Government.
17. (1) The Authority shall maintain proper accounts, other relevant records and
prepare annual statement of accounts including the balance-sheet in such
form as may be approved by the State Government.
(2) The accounts of the Authority shall be subject to an annual audit, the
report of which will be placed before the State Legislature.
18. As soon as may be after the close of a year, the Authority shall prepare an annual
report of each activity during the preceding year and submit it to the State
Government in such form on or before such date as may be prescribed by the
State Government.
19. (1) No act done or proceeding taken under this Act shall be questioned on the
ground merely of :-
(a) The existence of any vacancy, initial or subsequent, or any defect in the
constitution of the Meghalaya Ropeway Development Authority;
(b) Any person having ceased to be a member;
(c) The failure to serve a notice on any person, where no substantial injustice
has resulted from such failure; or
(d) Any omission, defect or irregularity not affecting the merit of the case.
Powers to borrow
money and issue
debentures.
Development Fund.
Sinking Fund.
Budget of the
Authority .
Accounts and Audit.
Annual Reports.
Validation of acts and
proceedings.
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(2) Every meeting of the Authority shall be presumed to have been duly convened
and to be free from all defects and irregularities.
20. Save as otherwise expressly provided in this Act, every order passed or direction
issued by the Authority shall be final and shall not be questioned in any suit or
other legal proceeding.
21. The Authority may, by resolution, direct that any power exercisable by it under
this Act or rules or bye-laws made, may  also  be  exercised  by  any  agency  of
the  State Government or any officers with the previous consent of the State
Government.
Chapter - III
Licensing Authority and Establishment
22. (1) An Empowered Committee headed by the Chief Secretary, Government of
Meghalaya with representation from other State Government departments
including Tourism, Forest & Environment, Home (Police), Transport, Urban
Affairs and Public Works, shall be the Licensing Authority having powers
to grant licences under this Act. The Chief Inspector of Ropeways shall be
the Member Secretary of the Empowered Committee.
(2) The composition of the Licensing Authority shall be decided and notified
from time to time by the State Government by publication in the Official
Gazette.
23. (1) The State Government may appoint such person to be the Chief Ropeways
Inspector as it deems fit.
(2) The Chief Ropeways Inspector and the Project 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 and at least once a year in the case of the
Chief Ropeways Inspector and once a quarter in the case of the Project
Inspector, to inspect the ropeways and to determine whether they are
maintained in a fit condition and working 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 Ropeways Inspector and the Project 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 Indian
Penal Code, 1860 (Central Act 45 of 1860).
24. (1) The State Government may, by notification in the Official Gazette constitute
one or more Expert Committees consisting of such number of persons,
having such knowledge and experience in design, setting up and operating
ropeways, and at such terms and conditions as may be prescribed.
Finalty of orders.
Powers to delegate.
Licensing Authority.
Appointment of
Inspectors and
Subordinate Officers
and their powers and
duties.
Appointment of an
Expert Committee.
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(2) It shall be the duty of the Expert Committee to aid and advise the State Government,
Meghalaya Ropeway Development Authority, Licensing Authority, Chief Ropeway
Inspector and the Project Inspector in regard to any matter connected with the
administration of the Act, and also in regard to:-
(a) design, erection or position of any ropeway or of any work appertaining thereto;
(b) the addition to or the alteration or closure of a ropeway;
(c) the  variation   of  the   character  of  any ropeway or of the mode of use thereof.
25.The Promoter and his agents shall afford to the Chief Ropeways Inspector, Project
Inspector or, as the case may be, to the members of the Expert Committee all reasonable
facilities for performing the duties, and exercising the powers imposed and conferred
upon him by this Act or by rules made thereunder.
Chapter-IV
Procedure and Preliminary Investigation
26.No ropeway for tourism or other purposes shall be constructed, opened, operated or
maintained, except in accordance with the provisions of this Act in the notified Ropeway
Development Area.
27.Any Promoter of a Ropeway Project, who seeks to undertake an investigation for setting
up of a ropeway, shall first apply for a sanction for the same to the Licensing Authority
with the  recommendation of the  Meghalaya Ropeway Development Authority.
28.(1) The  Licensing Authority or, where the  immovable properties not belonging to the
intending Promoter are involved, the State Government may, accord sanction to
the intending Promoter to make such surveys as may be necessary, which survey
shall be carried out at the risk and cost of the Promoter itself.
(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 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 rejected.
Chapter - V
Licence Authorizing Construction of Ropeway
29.(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 28, publish in at least one widely circulated local newspaper
and one widely circulated national newspaper in the State, a draft of the proposed
licence authorising the construction by, or on behalf of, such Promoter, subject to
Facilities to be
afforded to Inspectors
and Expert Committee.
Unauthorised
Construction,
Operation,
Maintenance etc. of
Ropeways prohibited.
Application for
permission to
undertake
investigation.
Sanction to
preliminary.
Publication of
proposed licence
authorising
construction and
contents of such
licence.
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such restrictions and conditions as the Licensing Authority may think proper, of a
ropeway within any Ropeway Development Area or along any route specified in
such licence for the carriage of passenger for tourism purposes.
(2) A notice shall be published with the draft licence stating that any objection or
suggestion 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 cause 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 such 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.
30.(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 29, the Licensing Authority is of the opinion that the application should be
granted with or without modifications, or subject to any restrictions or conditions,
it shall grant a licence accordingly.
(2) The Promoter can undertake all preparatory activities including tendering and
onboarding of contractors but shall have to obtain a licence under this section
before the commencement of construction.
(3) Every   licence   authorising   the   construction   of   a ropeway granted under sub-
section (1) shall, in such from as may be prescribed,  be uploaded on the website
of the State Government.
31.(1) If a Promoter authorised by a licence to construct a ropeway does not, within the
time specified in the licence:-
(a) succeed  in  raising the  full  amount of capital required for the completion of
the ropeway;
(b) make, in the opinion of the State Government, substantial progress with the
construction of the ropeway; or
(c) complete the construction thereof;
the powers given to the Promoter by such licence shall, unless the Licensing
Authority extends the time so specified, cease to be exercised.
32.The Licensing Authority may, on the application of the Promoter, revoke, amend, or
extend the terms and conditions of the licence.
Chapter-VI
Inspection of Ropeway
33.(1) No ropeway shall be opened for any kind of traffic 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 Ropeways
Inspector has reported in writing to the Licensing Authority :-
Grant of Licence.
Cessation of powers
given by licence under
Section 30.
Revocation of licence
and grant of a further
licence.
Inspection of
Ropeway before
opening.
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(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 which it is intended;
(d) 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; and
(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
of the ropeway, to deviation lines, and to any alteration or reconstruction materially
affecting the structural character or any work to which the provisions of sub-section
(1) apply or are extended by this sub-section.
Chapter-VII
Construction and Maintenance of Ropeway
34.(1) A District Level ‘Project Committee’ shall be constituted under the chairmanship of
the concerned Deputy Commissioner where the Ropeway Project is being developed.
The Project Committee may have representation from concerned State Government
departments including Tourism, Forest and Environment, Transport and Public
Works. The Project Committee may consist of Members from the Local Community
of the area in which the project is implemented.
(2) The composition of the Project Committee shall be decided and notified from time
to time by the State Government by publication in the Official Gazette.
35.With regards to the ropeway projects being implemented by the State Government or
any of its departments or agency or by any entity or person selected by or on behalf of
the State Government, in case a ropeway project is being implemented on PPP basis,
the committee shall discharge following functions, or as may be prescribed by the
State Government:-
(a) to  assist  in  forest  land  diversion  and clearance process;
(b) to assist in land acquisition, procurement and land registration;
(c) to assist in procuring clearance from State Pollution Control Board;
(d) to assist in getting supply of electricity and water to the ropeway projects;
(e)   to assist in the diversion of transmission lines, electric poles, pipelines, etc.
falling along the route alignment;
(f)    to assist in resolution of relocation and rehabilitation issues, if any, involved in
the project;
(g) to act as a single window for providing district level clearances to the Promoter;
Constitution of
Project Committee.
Functions of the
Project Committee.
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(h) to review the progress on the ropeway projects on bi-monthly basis; and
(i) any other activity as decided by the Authority or State Government.
36.(1) Subject to the provisions of this Act, 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
purposes and for companies, a Promoter may:-
(a) make such survey as he thinks necessary;
(b) place and maintain posts in, on 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 a ropeway.
(2) Provided that a Promoter may take any action under clause (b) or clause (c) of the
above sub-section, 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 order in writing,
permits such action.
(3) When making an order under sub-section (2), the Deputy   Commissioner   shall
fix the amount of compensation or of an annual rent or of both, which should, in his
opinion, be paid by the Promoter to the owner of the property affected thereby or in
the case of immovable property, to the owner or occupier thereof and the amount to
be paid to each.
(4)   The order so made shall also fix the date by which, such amount of compensation
or of the annual rent, shall be paid and the actual payment of 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).
37.(1) The Promoter may, at any time for the purpose of examining or repairing a ropeway,
or of 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) In the exercise of the powers conferred by sub-section (1), the Promoter or his duly
authorised employee 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 matter shall be referred to the decision of the
Deputy Commissioner.
38.  (1) When any tree standing or lying near a ropeway, or where any structure or other
object which has been placed or has fallen near such ropeway subsequent to the
grant of a licence under section 30, in regard to such ropeway, interrupts or interferes
with, or is likely to interrupt or interfere with the construction, maintenance or use
Authority of the
Promoter to execute
works.
Temporary entry upon
land for repairing or
preventing accidents.
Removal of
obstructions and
penalties.
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of such ropeway, the Deputy Commissioner may, on the application of the Promoter
after providing a reasonable opportunity of being heard to the person 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 herb, shrub, hedge, jungle growth or other plant.
(2) When disposing off an application under, sub-section (1), the Deputy Commissioner
shall award to the person affected such compensation as he deems reasonable
and he may recover such amount from the Promoter.
Chapter-VIII
Working of Ropeway
39.The Promoter shall for the purposes of operation of a ropeway and subject to such
maximum rates as may be prescribed by the Licensing Authority, have power, from
time to time, to fix the rates for the carriage of passengers on the ropeway.
40.The State Government, on the recommendations of the Meghalaya Ropeway
Development Authority or Expert Committee, shall fix and notify the maximum limit of
the fare rates for the Ropeway Projects under PPP.
41.(1) The Promoter of such ropeway shall obtain a policy of insurance with respect to
the ropeway from an authorised insurer recognised under the relevant insurance
law.
(2) The policy of insurance obtained by the Promoter under sub section (1) shall cover
the insurance of the persons travelling in the ropeway including those persons
employed by the Promoter in connection with the operations of such ropeway
against any liability which may be incurred by him in respect of the death of or
bodily injury to any person including of the goods or his authorised representatives
carried in the ropeway or damage to any property of third party by, or arising out, of
the use of ropeway.
(3) Provided that the State Government shall not be liable for any claim on account of
any accident or mishap in such Ropeway Projects.
42.(1) Where death or permanent disablement of any person has resulted from an accident
arising out of the use of ropeway, the Promoter or Promoters of the ropeway shall
jointly and severally, be liable to pay compensation in respect of such death or
disablement of any person.
(2) The amount of compensation for death or permanent disablement of persons or in
the case of minor injury, to be paid under sub-section (1) shall be such sum as
may be prescribed by the Government.
(3) The right to claim compensation under this section in respect of death or permanent
disablement of any person shall be in addition to the right of any such person  to
claim  compensation  in  respect thereof under any other law for the time being in
force.
Provided that the amount of compensation payable under any other law, for the death or
bodily injury shall be reduced from the amount of compensation payable under this section.
Fixation of fare rates
by the Promoter.
Fixation of fare rates
of Ropeway Projects
built under Public
Private Patnership.
Insurance against the
third party risk.
Liability to pay
compensation on the
principles of no fault.
THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) SEPTEMBER 27, 2022PART-IV] 717
43.When any accident occurs in the course of operations of a ropeway, the Promoter
shall, with the least possible delay, send notice of the accident to:-
(a) the State Government;
(b) the Meghalaya Ropeway Development Authority;
(c) the Licensing Authority and to Project Inspector;
(d) the Deputy Commissioner of the District;
(e) the police station within the local limits of which the accident has occurred or
to such other magistrate and police officer as the State Government may appoint
in this behalf and shall also, if the accident is attended with loss of human life
or serious physical injury to any human being, send information to the nearest
medical facility.
44.  (1) If after inspecting any ropeway opened to traffic, the Chief Ropeways Inspector is
of the opinion that the ropeway or any specified part thereof cannot be used without
danger to the public or is no longer in a fit state for the carriage of any specified
class of traffic, it shall state that opinion, together with the grounds thereof to the
Licensing Authority and the Licensing Authority, after such further enquiry if any,
as it may think fit, may thereupon order that, for reasons to be set forth in the
order, the 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 Chief Ropeways Inspector may
order the suspension of the working of the ropeway or any part thereof which it considers
necessary, pending the order of the Licensing Authority. The Chief Ropeways 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 prescribed manner.
45.If the State Government incurs any expenditure during any rescue operation, the
Promoter shall be liable to pay the expenditure incurred by the State Government and
in case the Promoter fails to pay the whole or part of it, it shall be recoverable as
arrears of land revenue.
Chapter - IX
Discontinuance of Ropeway
46.(1) If, at any time after the opening of a ropeway, it is proved that the Promoter has
discontinued the operations of such ropeway or of any part thereof, without sufficient
reasons, the Licensing Authority may, if it thinks fit, after providing a reasonable
opportunity of being heard to the Promoter, declare that the powers of the Promoter
in respect of such ropeway or part thereof shall, from such dates as it may determine,
be at an end and thereupon the said powers shall cease.
Reporting of
Accidents.
Power to close and
reopen Ropeway.
Rescue Operations.
Cessation of powers
of Promoters on
discontinuance of
Ropeway .
THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) SEPTEMBER 27, 2022 [PART-IV718
Explanation : The working of a ropeway shall be deemed to have been discontinued if it
has ceased for the period determined in the licence granted under section 30, or if the
period has not been so determined, for a period of three months.
47. (1) When a declaration has been made by the Licensing Authority under section 46
in respect of any 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, the
State Government may prescribe the procedure and mode of recovery of the cost
of removal from the Promoter.
Chapter - X
Purchase or Takeover of Ropeway
48. (1) Where the Promoter is the State Government, the State Government may at any
time transfer the undertaking or any part thereof to:
(a) any other department or agency or public sector undertaking of the State
Government; or
(b) to any other person selected in accordance with the Applicable Law, under
such terms and conditions as may be mutually agreed upon between the
State Government and the transferee.
(2) Where the Promoter is not the State Government or Agency of the State
Government and subject to the provisions under section 46 and 47, after giving
reasonable opportunity of being heard, the State Government may in public
interest purchase or take over the ropeway as per the procedure and conditions
that may be prescribed under the Rules.
49.Where, the State Government does not invoke the provisions of section 48, 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 it may think fit
with prior approval of the State Government.
50. (1) If, at any time, after the opening of a ropeway, the State Government is of the
opinion that an existing ropeway is required or needed by the Government in the
interest of national security or in public interest, the State Government may, after
considering any statement which the Promoter may desire to make, and after
such enquiry as it deems necessary, declare, subject to such terms and
conditions as the State Government may prescribe in this regard, that the powers
of the Promoter in respect of such ropeway, shall be taken over by the State
Goverment for such period that may be notified, and at the end of such period, all
the rights, powers and authorities of the Promoter in respect of the said ropeway
shall revert back to the Promoter.
(2) As soon as may be, after a notification under sub-section (1), has been made,
the State Government shall by a notice in writing, require the Promoter to transfer
and handover the undertaking including all land, building, equipment and assets,
clearances and permits and documents pertaining thereto to the State
Government :
Power of State
Government to remove
ropeway on cessation
of Promoter's powers.
Power of the State
Government to
purchase or takeover
Ropeway .
Power of Promoter to
sell when option to
purchase not
exercised and revoked
by consent.
Expropriation by the
State Government.
THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) SEPTEMBER 27, 2022PART-IV] 719
Provided that the notice in sub-section (2) shall set forth the modalities for the handover
of the ropeway and the amount of compensation payable to the Promoter in lieu of the
takeover of the ropeway by the State Government that may be prescribed as per Rules.
Chapter - XI
Inability or Insolvency of Promoter
51. (1) If, at any time after the opening of a ropeway, it appears to the State Government
that the Promoter is insolvent or is unable to maintain the ropeway or operate the
same with advantage to the public, or at all, the State Government may, after
considering any statement which the Promoter may desire to make and after
such enquiry as it deems necessary, 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 the end, and thereupon the said powers shall cease at the
expiration of that period.
(2) At any time after the expiration of the said six months, an officer appointed by the
State Government in that behalf, may remove the ropeway in the same manner
and subject to the same provisions as provided for in section 47.
Chapter - XII
Bye - Laws
52. (1) The Licensing Authority shall, subject to the provisions of sub-section (2), make
bye-laws consistent with this Act :-
(a) for regulating the speed at which carriers are to be moved or propelled;
(b) for regulating the maximum passengers to be carried in each carrier;
(c) for regulating the use of steam power or any other mechanical power or
electrical power on the ropeway;
(d) for regulating the conduct of the Promoter's employees;
(e) for regulating the qualifications of the staff employed for running and main
taining the ropeway;
(f) for regulating the terms and condition on which the Promoter will ware
house or retain goods at any station on behalf of the consignee or
owner of such goods;
(g) generally, for regulating the travelling upon, and the use, working and
management of the ropeway; and
(h) any other related subject as decided by the Licensing Authority or State
Government.
(2) A byelaw made under this section shall not take effect until it has been approved
by the State Government and published in the Official Gazette.
Proceedings in case of
inability or insolvency
of Promoter.
Power to make
bye-laws.
THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) SEPTEMBER 27, 2022 [PART-IV720
Chapter - XIII
Supplementary Provisions
53. A Promoter shall, in respect of the ropeway, submit to the State   Government   returns
of   capital   and    revenue expenditure, receipts and traffic, at such intervals, and in
such form, as may be prescribed.
54.No Promoter shall, in the course of the construction, repair, working   or   management
of a ropeway, cause any permanent injury to any public road, railway, tramway or water-
way, or obstruct or interfere with, otherwise than temporarily as may be necessary, the
traffic on any public road, railway, tramway or waterway.
55. The State Government may, if it thinks fit, subject to the provisions of the Act, on the
application of any Promoter desirous of obtaining any land for the purpose of construct-
ing, extending, working or managing a ropeway, acquire on his behalf, such land under
the provisions of the Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013) or any other Act as
applicable.
Chapter - XIV
Delegation of Powers and Making of Rules by State Government
56. (1) The State Government may, make rules for carrying 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 functions and powers that may be delegated to the Authority or
to any officer of the Authority;
(b) the qualifications and disqualifications for being chosen or/and for being
member of the Authority;
(c) the terms of office and conditions of service of the members of the
Authority;
(d) the matters in which and the purpose for which the Authority may
associate with itself any person under the provisions of this Act;
(e) the control and restrictions in relation to the appointment of officers and
other employees of the Authority;
(f) creation and administration of Fund of the Authority for the purpose of
implementing the provisions of this Act;
(g) the form of the budget and the date on or before which it shall be prepared
and to be submitted to the State Government;
(h) the procedure for the levy of development charges and exemption from it
on any development or change of use of any land;
Returns.
Protection of roads,
railways, tramways,
and waterways.
Acquisition of land on
behalf of a Promoter.
Power of the State
Government to make
Rules.
THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) SEPTEMBER 27, 2022PART-IV] 721
(i) the pow

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