The UNITED PROVINCES AERIAL, ROPEWAYS1 ACT, 1922

2
THE UNITED PROVINCES AERIAL, ROPEWAYS 1 ACT, 1922
—————
(U.P. Act No. I OF 1922)
—————
Adapted and modified by the Government of India (Adaptation of
Indian Laws) Order, 1937
Adapted and modified by the Adaptation of Laws Order, 1950.
[Received the assent of the Governor on the 8th Februry, 1922 and
of the Governor General on the 10th March, 1922, and was published
under section 81 of the Goverment of India Act on the 25th March, 1922. ]
—————
AN
ACT
To authorize, facilitate, and regulate the construction and
working of aerial ropeways in the United Provinces.
Whereas it is expedient to authorize, facilitate, and regulate the
construction and working of aerial ropeways in the United Provinces;
It is hereby enacted as follows:-
Title,extent and
commencement
1.(1) This Act may be called the United Provinces Aerial Rope-
ways Act, 1922.
(2) It extends to the territories administered by the State
Government of Uttar Pradesh.
(3) It shall come into force at once.
Definitions 2.In this act unless there is anything repugnant in the
subject or context,-
(1) "Aerial Ropeway” means an aerial ropeway (or any
portion thereof) for the public carriage of passengers animals or
goods, and includes all ropes, posts, carriers, stations, offices,
ware-houses, workshops, machinery and other works used for
the purposes of, or in connection with, and all land
appurtenant to, such aerial ropeway;
(2) “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 an aerial ropeway;
1. For S.O.R.seeGaz. 1921 Pt. VIII, p. 576;
[The U.P. Aerial Ropeways Act, 1922]
4
Act No. VII of
1913
(3) “Collector” means the Chief Officer in charge of the
revenue administration of a district and includes any officer
specially appointed by the State Government to discharge the
functions of a Collector under this Act;
(4) “Inspector” means an Inspector of Aerial Ropeways
appointed under this Act;
(5) “Order” means an order authorizing the construction of
an aerial ropeway under this Act, and includes a further order
substituted for, or amending, extending or revoking, that order;
(6) “Post” means a post, trestle, standard, strut, stay or
other contrivance or part of contrivance for carrying,
suspending or supporting a rope ;
(7) “Prescribed” means prescribed by rules made by the
State Government under section 30 ;
(8) “Promoter” means the State Government, a local
authority, a company incorporated under the Indian
Companies Act, 1913, a railways company as defined in the
Indian Railways Act, 1890, or any person in whose favour an
order has been made under section 7, and includes the State
Government, a local authority, a company, a railway company,
or a person on whom the rights and liabilities conferred and
imposed on the promoter by this Act and by rules and orders
made under this Act, as to construction, maintenance, and use
of the aerial ropeway have devolved ;
(9) “Rate” includes any fare, charge or other payment for
the carriage of passengers, animals, or goods;
(10) “Rope” includes any cable, wire, rail or way, whether
flexible or rigid, for suspending. Carrying or hauling a carrier, if
any part of such cable, wire, rail or way is carried overhead and
is suspended from or supported on posts.
PROCEDURE AND PRELIMINARY INVESTIGATION
Application
for Concession
Contents of
application
3.Every application by an intending promoter other than the
State Government for permission to undertake the necessary
preliminary investigations shall be submitted to the State
Government.
4.Every such application shall include-
(a) a description of the undertaking and of the route to be
followed by the proposed aerial ropeway;
(b) description of the system of construction and
management and the advantages to the community to be
expected from the ropeway ;
(c) an approximate estimate of the cost of construction
thereof ;
(d) a statement of the estimated working expenses and
profits expected ;
(e) a statement of the maximum and minimum rates
proposed to be charged ;
(f) such maps, plans, sections, and diagrams as the State
Government may require in order to form an idea of the
proposal.
[The U.P. Aerial Ropeways Act, 1922]
6
Preliminary
investigation
Act No. I of
1894
Publication of
proposed
order
authorizing
construction
and contents
of such order
5.Subject to the provisions of this Act, and of section 4 of the
Land Acquisition Act, 1894, the State Government may accord
sanction to the promoter to make such surveys as may be necessary,
and require him to submit such detailed estimates, plans, sections,
specifications, and such further information as it may deem necessary
for the full consideration of the proposal.
The promoter shall not be entitled to claim any compensation
from the Government for any expense incurred under this section in
the event of his application being ultimately refused.
ORDERS AUTHORIZING THE CONSTRUCTION OF AERIAL ROPEWAYS
6.(1) The State Government may, on application made by any
promoter and after due consideration of the details supplied in
accordance with section 5, publish in the official Gazette, a draft of the
proposed order authorizing the construction by or on behalf of such
promoter, subject to such restrictions and conditions as he State
Government may think proper, of an aerial ropeway within any
specified area or along any specified route –
(a) for the public carriage of passengers;
(b) for the public carriage of passengers, animals and
goods;
Or
(c) for the public carriage of animals and goods.
(2) A notice shall be published with the draft stating that any
objection or suggestion which any person may desire to make with
respect to the proposed order will, if submitted to the State
Government on or before a date to be specified in the notice, be
received and considered.
(3) The State Government shall cause public notice of the intention
to make the order to be given at convenient places within the said area, or
along the said route, and shall so far as may be conventiently possible,
cause a like notice to be served on every owner or occupier of land over
which such route lies, and shall consider any objection or suggestion with
respect to the proposed order which may be received from any person
within a date to be specified in such notice.
(4) The draft of the proposed order may specify-
(i) a time within which the capital required for the
construction of the aerial 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) conditions under which a concession, guarantee or
financial assistance may be given by the State Government, or
a local authority to the promoter;
(v) rights of purchase by the State Government or a local
authority ;
(vi) rules regarding audit and accounts ;
(vii) rules regarding arbitration for the settlement of
disputes ;
[The U.P. Aerial Ropeways Act, 1922]
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Final order
Cessation of
powers given
by an order
Further order
(viii) specifications relating to the structural design, quality
of materials, factors of safety, method of computing stresses,
and other such technical details as may be considered
necessary ;
(ix) rules relating to the construction of the ropeway over
railways, roads or other public ways of communication;
(x) conditions under which the promoter may sell or
transfer his rights to another Company;
(xi) conditions under which the ropeway may be taken
over by the State Government to be worked by itself or by a
local authority or by a company other than the promoter;
(xii) the motive power to be used on the aerial ropeway
and the conditions, if any, on which such power may be used;
(xiii) the minimum headway to be maintained under
different parts of the rope;
(xiv) the points under the rope at which bridges or guards
shall be constructed and maintained;
(xv) the amount of security, if any, to be deposited by the
promoter in the event of his application being granted; and
(xvi) such other matters as the State Government may
deem necessary.
7.(1) If after considering any objections or suggestions which
may have been made in respect to the draft on or before the specified
date, the State Government is of opinion that the application should
be granted with or without modification or subject or not to any
restriction or condition, it may make an order accordingly.
(2) Every order authorizing the construction of a ropeway shall
be published in the offical Gazette and such publication shall be
conclusive proof that the order has been made as required by this
section.
8.If a promoter authorized by an order to construct an aerial
ropeway does not within the time specified in the order;
(a) succeed in raising the full amount of capital required
for the completion of the ropeway ; or
(b) make, in the opinion of the State Government
substantial progress with the construction of the ropeway; or
( c) complete the contruction thereof,
the powers given to the promoter by such order shall unless
the State Government prolongs the time so specified, cease to be
exercised.
9.(1) The State Government in its discretion may, on the
application of the promoter, revoke, amend, or extend the order by a
further order.
(2) An application for a further order shall be made in the
same manner, and subject to the same conditions, as an application
for an order.
[The U.P. Aerial Ropeways Act, 1922]
10
Inspection of
aerial
ropeways
before opening
Appointment
of Inspector
Powers of
Inspector
Act No. XLV of
1866
Facilities to be
afforded to
Inspector
(3) if it grants the application it shall make the further order in
the same manner as an order, except that the rights, powers, and
authorities, asked for in the said application shall not be increased,
modified or restricted b ythe further order without the consent in
writing of the promoter.
INSPECTION OF AERIAL ROPE WAYS
10.(1) No aerial ropeways shall be opened for any kind of
traffic untill the State Government has by order sanctioned the
opening thereof for that purpose The sanction of the Government
under this section shall not be given untill an Inspector has, after
inspection of the ropeway, reported in writing to the State
Government:
(a) that he has made a careful inspection of ropeway and
appurtenances;
(b) that the moving and fixed dimensions and other
conditions prescribed under sections 6 (4) and 7(1) have been
complied with;
(c) that the ropeway is sufficiently equipped for the traffic
for which it is intended;
(d) that the bye-laws and working rules prescribed by
sections 26 and 30 have been duly made, approved and
promulgated in the manner prescribed in those sections; and
(e) that in his opinion the ropeway is fit for public traffic
and can be used without danger to the public using it 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 any
alteration or reconstruction materially affecting the structural
character of any work to which the provisions of sub-section (1) apply
or are extended by this sub-section.
11.(1) The State Government may appoint an Inspector of
aerial ropeways.
(2) It shall be the duty of such Inspector from time to time to
inspect aerial ropeways and to determine whether they are maintained
in a fit condition and worked with due regard to the convenience and
safety of the public, and consistently with the provisions of this Act.
12.An Inspector shall, for the purpose of any of the duties
which is authorized or required to perform under this Act, be deemed
to be a public servant, as defined in the Indian Penal Code, and shall
for thatpurpose have such powers as may be prescribed by the State
Government under clause (a) of sub-section (2) of section 30.
13.The promoter and his servants and agents shall afford to
the Inspector all reasonable facilities for performing the duties and
exercising the powers imposed and conferred upon him by this Act or
by rules made thereunder.
CONSTRUCTION AND MAINTENANCE OF AERIAL ROPEWAYS
Authority of
promoter to
execute works
14.Subject to the provisions of this Act, 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—
[The U.P. Aerial Ropeways Act, 1922]
12
Authority of
promoter to
place posts
and suspend
ropes
Temporary
entry upon
land for
repairing or
preventing
accident
(a) make such bridges, culverts, drains embankments, and
roads as may be necessary;
(b) erect and construct such machinery, offices, stations,
warehouses and other buildings, works and conveniences as
may be necessary;
( c) erect such structures for protection purposes, over
railways, roads, or other public ways of communication as may
be deemed necessary ; and
(d) do all other acts necessary for constructing
maintaining, altering, repairing, and using the aerial ropeways.
15.(1) Notwithstanding anything contained in the provisions of
any enactement for the time being in force for the acquisition of land
for public purposes, a promoter may-
(a) place and maintain posts in or upon any immovable
property, and
(b) suspend and maintain a rope over, along or across any
immovable property :–
Provided that—
(i) the promoter shall not exercise the power conferred
by this sub-section except for the purposes of an aerial
ropeway, the construction of which has been authorized
by an order under section 7;
(ii) the promoter shall not acquire any right other
than that of user only in the property under, along, in or
upon which the prormoter places a post or suspends or
maintains a rope ;
(iii) in the exercise of the powers conferred by this
sub-section the promoter shall do as little damage as
possible, and when he has exercised those powers in
respect of any property, shall pay full compensation to all
persons intersted for any damage sustained by them by
reason of the exercise of those powers.
(2) If the exercise of the powers conferred by sub-section (1) is
resisted or obstructed, the Collector may, in his discretion, order that
the promoter shall be permitted to exercise them.
(3) In case of any dispute as to the amount of compensation to
be paid by the promoter under clause (iii) of the proviso to sub-
section (1) that matter shall be referred to the Collector for decision.
16.(1) A promoter may at any time, for the purpose of
examining, repairing or altering an aerial ropeway or of preventing any
accident , enter upon any immovable property adjoining such 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 shall cause as little damage as possible, and
compensation shall be paid by him for any damage so caused; and, in
the case of any dispute as to the amount of such compensation, the
matter shall be referred to the Collector for decision.
[The U.P. Aerial Ropeways Act, 1922]
14
Removal of
obstruction
Procedure
regarding
disputes on
matters
referred to in
sections 15,
16 and 17
Promoter to
fix rates or
fares
Duty of
promoter to
work serial
ropeway
without
partiality
Reporting of
accidents
17.(1) Where any tree standing or lying near an aerial
ropeway, or where any structure or other object which h as been
placedor has fallen near an aerial ro peway,subsequent to the
construction of such aerial ro pewayinterrupts or interferes with or
is likely to interrupt or interfere with the construction,
maintenance, alterationor use of the ro peway,the Collector may,
on the application of the promoter, cause the tree , structure or
object to be removed or otherwise dealt with as he thinks fit.
Explanation:– For the purpose of this sub-section the
expression “tree” shall be deemed to include any shrub, hedge,
junglegrowth or other plant.
(2) When disposing of an application under sub-section (1) the
Collector shall award to the person interested such compensation as
the Collector thinks reasonable, and the Collector may recover such
amount from the promoter as if it were an arrear of land revenue.
18.No suit shall lie, in respect of any matter referred to in
section 15, 16 or 17, but every order, other than an award, made by a
Collector under any of those sections shall be subject to revision by
the State Government while every award of his may be questioned in
the court of the District Judge in conformity, as far as possible, with
the procedure prescribed in the Land Acquisition Act.
WORKING OF AERIAL ROPEWAYS
19.A promoter shall, for the purposes of working an aerial
ropeway and subject to such maximum and minimum rates as may be
prescribed, have power from time to time to fix rates for the carriage of
passengers, animals, or goods on the aerial ropeway.
20.No promoter shall, for the purposes of working an aerial
ropeway 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 undeue
or unreasonable prejudice or disadvantage in any respect whatsover.
21.When any of the following accidents occur in the course of
working an aerial ropeway, namely,-
(a) any accident attended with loss of human life or with
hurt as defined in the Indian Penal Code, or with serious injury
to property;
(b) any accident of a description usually attended with loss
of human life or with such hurt as aforesaid or with serious
injury to property;
(c) any accident of any other description which the State
Government may notify in this behalf in the official Gazette;
The promoter shall, without unnecessary delay, send notice of
the accident to the State Goernment and the Inspector of the aerial
ropeway and the promoter’s servant 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
section of the aerial ropeway on which the accident occurred, shall
with the least possible delay, give notice of the accident to the
magistrate of the district in which the accident occurred and to the
officer in charge of the police station within the local limits of which it
occurred or such other magistrate and police officer as the State
Government may appoint in this behalf and shall also send
information to the nearest dispensary.
[The U.P. Aerial Ropeways Act, 1922]
16
Power of State
Government
to close and
reopen aerial
ropeways
Cessation of
powers of
promoter on
discountinuance
of aerial
ropeways
Power of State
Government
to remove
aerial ropeway
on cessation
of promoter’s
powers
22.(1) If, after inspecting any aerial ropeway opened to traffic,
anInspector is of opinion that the use of the ropeway or of any
specifiedpart therof may be attended with danger to the public, he
shall state that opinion, together with the grounds therefor to the
State Government and the State Government may thereupon order
that, for reasons to be set forth in the order, the aerial ropeway, or the
part thereof so specified, be close to all traffic or to any special class of
traffic. In cases 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 final orders of the State Government.
(2) When under sub-section (1) an aerial ropeway or any part
thereof has been closed to any traffic it shall not be re-opened to such
traffic untill it has been inspected and its re-opening sanctioned in
accordance with the provisions of this Act.
DISCONTINUANCE OF AERIAL ROPEWAYS
23.If, at any time after the opening of an aerial ropeway, it is
proved to the satisfaction of the State Government that the promoter
has discontinued the working of the ropeway or of any part thereof,
without a reason sufficient, in the opinion of the State Government to
warrant such discontinuance the stat Government may, if it thinks fit,
declare that the powers of the promoter in respect of such
aerialropeway or part thereof shall, from such date as it may
determine, beat 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 a period to be determined
in the order published under section 7.
24.(1) When a declaration has been made by the State
Government under section 23 in respect of any aerial ropeway or of
any part thereof, an officer appointed in that behalf by the State
Government may, at any time after the expiration of two months from
the date determined, as aforesaid, remove such aerial ropeway or part
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 incurried by him.
(2) If the promoter fails to pay the amount of costs so certified
within one month after the delivery to him of the certificate or of a
copy thereof such officer may; either by public auction or private sale
and without any previous notice to the promoter and without
prejudice to any other remedy which he may have for the recovery of
the said amount, sell and dispose of the materials of the aerial
ropeway or part of costs of the sale; and shall pay over the residue (if
any) of such and reimburse himself; the amount of costs certified as
aforesaid and thereof so removed; and may, out of the proceeds of the
sale, pay proceeds to the promoter.
[The U.P. Aerial Ropeways Act, 1922]
18
Proceedings in
case of
inability or
insolvency of
promoter
Power of
promoter to
make bye-laws
Returns
INABILITY OF INSOLVENCY OF PROMOTER
25.(1) If, at any time after the opening of an aerial ropeway, it
appears to the State Government that the promoter is insolvent or is
unable to maintain the ropeway or to work 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
inquiry as it deems necessary, declare that the powers of the
promoter, in respect of such aerial ropeway, shall at the expiration of
six months from the date of such declaration, be at an end; and
thereupon the said powers shall, at the expiration of that period, cease
and determine.
(2) At any time after the expiration of the said six months an
officer, appointed by the State Government in that behalf, may remove
the aerial ropeway in the same manner and subject to the same
provisions as to the payment of costs and to the same remedy for the
recovery thereof in every respect as in cases of removal under
section 23.
BYE-LAWS
26.(1) A promoter shall subject to the provisions of sub-
section (3), make bye-laws consistent with this Act-
(a) for regulating the speed at which carriers are to be
moved or propelled;
(b) for declaring what shall be deemd to be dangerous or
offensive goods and for regulating the carriage of such goods;
(c) for regulating the maximum number of passengers and
animals and the maximum weight of goods to be carried in
each carrier;
(d) for regulating the use of steem power or any other
mechanical power or electrical power on the aerial ropeway;
(e) for regulating the conduct of the promoter's servants;
(f) for regulating the terms and conditions on which the
promoter will warehouse or retain goods at any station on
behalf of the consignee or owner of such goods; and
(g) generally for regulating the travelling upon, and the
use, working, and management of the aerial ropeway.
(2) Such bye-laws may provide that any person who
contravenes the provisions of any of them shall be liable to fine which
may extend to any sum not exceeding fifty rupees, and that, in the
case of a breach of a bye-law made under clause (e) of sub-section (1)
the promoter's servant responsible for the same, shall forfeit a sum
not exceeding one month's pay, which sum may be deducted by the
promoter from his pay.
(3) A bye-law made under this section shall not take effect until
it has been confirmed by the State Government and published in the
Official Gazette:
Provided that no such bye-law shall be so confirmed until it
has been previously published by the promoter in such manner as
may be prescribed.
SUPPLEMENTARY PROVISIONS
27.A promoter shall in respect of the aerial ropeway submit to
the State Government returns of capital and revenue expenditure,
receipts and traffic at such intervals and in such forms as may be
prescribed.
[The U.P. Aerial Ropeways Act, 1922]
20
Protection of
roads, railways,
tramways and
waterways
Acquisition of
land on behalf
of a promoter
Act No.-I of
1894
Power of State
Government to
make rules
Failure of
promoter to
comply with
Act
28.No promoter shall, in the course of the construction,
repair, working or management of an aerial ropeway, cause any
permanent injury to any public road, railway, tramway, or waterway
or obstruct or interfere with, otherwise than temporarily, as may be
necessary, the traffic on any public road, railway, tramway of
waterway.
29.The State Government may, if it thinks fit, subject to the
provisions of this Act, on the application of any promoter desirous of
obtaining any land for the purpose of constructing, working or
managing an aerial ropeway, acquire on his behalf such land under
the provisions of part VII of the Land Acquisition Act, 1894, whether
the said promoter is or is not a company as defined in the Land
Acquisition Act.
RULES BY STATE GOVERNMENT
30.(1)The State Government mayafterpreviouspublication,
make rules 1 to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the
foregoing power, such rules may prescribe–
(a) the power and duties of an Inspector appointed under
section 11 ;
(b) the duties of the promoter's servants, police officers,
and magistrates on the ocurrence of an accident;
(c) the maximum and minimum rates which a promoter
may fix under section 19 ;
(d) the standard dimensions and specifications to which
the aerial ropeway is to conform ;
(e) the manner of previous publication of bye-laws made
under section 26;
(f) the intervals at which a promoter shall submit returns
under section 27 and the forms in which such returns shall be
submitted;
(g) the manner in which notices under this Act shall be
served ;
(h) the manner in which and the conditions under which
the through booking of goods may be permitted between an
aerial ropeway and a railway, tramway or another aerial
ropeway ; and
(i) the safe and efficient working of aerial ropeways.
(3)All rules made under this section shall be published in the
Official Gazette.
OFFENCES, PENALTIES AND ARREST
31.If a promoter–
(a) constructs or maintains an aerial ropeway otherwise
than in accoardance with the terms of an order made under
section 7 ; or
1. For rules see notifications no. 499 R/C-66-1930, dated June 19, 1931, no. 490-3 R/84 R-1936, dated May 1, 1937 and
no. 490-(2)-R/84R, dated May 31, 1937 in Gaz. 1931 Pt. 1, pp. 672-674, ibid, 1937, Pt. 1 P. 1033 and ibid 1937 Pt. 1,
P. 1128, respectively.
[The U.P. Aerial Ropeways Act, 1922]
22
Unlawfully
obstructing
promoter’s
servant in
discharge of
his duty
Unlawfully
interfering
with aerial
ropeway
(b) opens an aerial ropeway or permits it to be opened in
contravention of any of the provision of section 10; or
(c) fails to comply with the provisions of section 13 ; or
(d) fails to pay within a reasonable time any compensation
awarded by the Collector under section 15, 16, 17 or by the
District Judge under section 18; or
(e) contravenes any of the provisions of section 20; or
(f) fails to send notice of any accident as required by
section 21; or
(g) fails to close an aerial ropeway in accordance with an
order passed under sub-section (1) of section 22, 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 23 or section 25 ; or
(i) fails to comply with the provisions of section 26 or
section 27; or
(j) contravences any of the provisions of section 28; or
(k) contravenes the provisions of any rule made under
section 30;
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 two
hundred rupees, and in the case of a continuing offence, to a further
fine which may extend to fifty rupees for everyday after the date of the
first conviction during which the offender is proved to have persisted in
the offence.
32.If a person willfully obstructs or impedes any servant of the
promoter in the discharge of his duty he shall be punishable with fine
which may extend to one hundred rupees.
33.If any person without lawful excuse, the burden of proving
which shall lie upon him, willfully 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 abstruct any
carrier travelling on an aerial ropeway;
(c) attempts to do or obets, within the meaning of the
Indian Penal Code, the doing of anything mentioned in clause
(a) or clause (b) ;
he shall (without prejuidice to any other remedy which may be
obtained against him in a Civil Court) be punishable with fine which
may extend to two hundred rupees.
[The U.P. Aerial Ropeways Act, 1922]
24
Punishment for
actsor attempts
tending to
endanger safety
of persons
travelling or
being upon
aerial ropeway.
Arrest for
offences
against
certain
sections, and
procedure
thereupon
Notification of
claims to
refunds of over
charges and to
compensation
for losses
34.If any person does anything mentioned in clause (a),
clause (b) or clause (c) of section 33 or does, attempts to do or abets,
within the meaning of the Indian Penal Code, the doing of any other
act or thing in relation to an aerial ropeway with intent or with
knowledge that he is likely to endanger the safety of any person
travelling or being upon the aerial ropeway, he shall be punishable
with imprisonment for a term which may extend to fourteen years.
35.(1) If any person commits any offence under section 33
which obstructs the working of an aerial ropeway or commits any
offence punishable with imprisonment under section 34, he may be
arrested without warrant or other written authority by any servant of
the promoter, or by any police officer or by any other person whom
such servant or officer may call to his aid.
(2) A person so arrested shall, with the least possible delay, be
taken before a magistrate having authority to try him or to commit
him for trial.
36.A person shall not be entitled to a refund of an overcharge
in respect of animals or goods carried by an aerial ropeway or to
compensation for the loss, destruction or deterioration of animals or
goods delivered to be so carried, unless his claim to the refund or
compensation has been preferred in writing by him or on his behalf to
the promotor within six months from the date of the delivery of the
animals or goods for carriage by the ropeway.

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