LexThe UNITED PROVINCES AERIAL ROPEWAYS ACT 1922
Uttarakhand · state statute
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THE UNITED PROVINCES AERIAL ROPEWAYS ACT 19221
[U. P. ACT No. 01 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 Go vernor on the 8th February. 1922 and of the Governor General on
the 10th March, 1922, and was published under section 81 of the Government 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 Ropeways Act, 1922.
(2) It extends lo 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 rope way (or any portion thereof) for the public
carriage of passengers animals or goods, and includes all ropes, posts, carriers,
stations, offices , ware houses, worksho ps, machinery and other works used for the
purposes of, or in connection with, and ail land appurtenant to, such aerial ropeway;
(2) "Carrier" mean any vehicle or receptacle hung or suspen ded from, or hauled by, a
rope and used for' the carriage of passe ngers, animals, or g oods or for any other
purpose in connection with the working of an aerial ropeway;
(3) "Collector" me ans the chief officer in charge of the revenue administration of a
district and' includes any officer specially appointed by the St ate 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,
1. For S. O. R. see Gaz. 1921 Pt, VIII, p- 576.
33
[The United Provinces Aerial Ropeways Act, 1922] [Section 3-5]
(6) "Post" mean s a post, trestle, stand ard, 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 author ity; 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 or 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
3. Every application by an intending promoter other than the State Governmen t for
permission to undertake the necessary preliminary investigations shall be submitted
to the State Government.
Contents of
application
4
.
Every such application shall include-
(a) a description o f the undertaking and of the route to be followed by the
proposed aerial ropeway;
(b) description of the system of construction and management and advantages to
the community to be expected from the rope way ;
(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, a nd diagrams as the State Government may
require in order to form an idea of the proposal.
Preliminary in
visitation
Act no. I of
1894
5
.
Subject to the provisions of this Act, and of section 4 of the Land Acquisition Act,
1894, the State Government may accord sa nction to the promoter to make such
surveys as may be necessary, and require him to submit such detailed estimates,
plans, secti ons, 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 in curred under this sectio n in the event of his
application being 'ultimately refused.
34
[The United Provinces Aerial Ropeways Act, 1922] [Section 6]
ORDERS AUTHORIZING THE CONSTRUCTION OF AERIAL
ROPEWAYS
Publication of
proposed order
authorizing
construction
and
contents of such
order
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 or der authorizing the
construction by or on behalf of such promoter, subject to such restrictions and
conditions as he State Government may think prope r, 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 publi shed with the draft stating tha t any ob jection or
suggestion which any person may desire to make with respect to the proposed
order will, it submitted to the State Government on or before a date to be
specified in the notice, be received and considered.
(3) The State Gove rnment shall cause public notic e of the intenti on to make the
order to be given at conv enient places within the said area, or along the said
route; arid shall, so far as may be conveniently possible, cause a l ike notice to
be served on every owner or occupier of land over which such route lies, and
shall consider any objec tion 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 b y the State Govern ment, 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
(viii) specifications relating to the structural desi gn, 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 h is rights to
another company;
35
[The United Provinces Aerial Ropeways Act, 1922] [Section 7-9]
(xi) conditions under which, the ropeway may be taken over by the State
Government to be worked by itsel f 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.
Final
order
7. (1) If after considering any objections or suggestions which may have been made in
respect to the dra ft, on or before the specified date, the State Governm ent is of
opinion that the application should be granted with or w ithout 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
official Gazett e and such publication shall be conclusive proof that the order has
been made as required by this section.
Cessation
of
powers
given by
an order
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 ful l amount of capital required for the completion of the
ropeway ; or
(b) make, in the opinion of the State Governm ent substantial progress with the
construction of the ropeway ; or
(c) complete the construction thereof;
the powers given to t he promoter by such order shall, unless the State
Government prolongs the time so specified, cease to be exercised.
Further
order
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.
(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 by the further order,
without the consent in writing of the promoter.
36
[The United Provinces Aerial Ropeways Act, 1922] [Section 10-14]
INSPECTION OF AERIAL ROPE WAYS
Inspection of
aerial
ropeways
before
opening
10. (1) No aerial ropeways shall be opened for any kind of traffic until 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 until 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 di mensions 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, appr oved, and promulgated in the manner pres cribed 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 add itional sections
of the ropeway, to deviation lines and any alteration or reconstruction materially
affecting the s tructural character of any work to which the prov isions of sub -
section (1) apply or are extended by this sub-section.
Appointment
of inspects
11. (1) The State Government may appoint an Inspector of aerial ropeways.
(2) It shall be the duty of s uch Inspector from time to tim e to inspect aerial rope ways
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.
Powers of
Inspector
Act no. XLV
of 1860
12. An Inspector sha ll, for the purpose of any of the duties which is authorized or
required to perform under this Act, he deemed to be a p ublic servant, as defined in
the Indian P enal Code, and shall for that purpose have such powers as may be
prescribed by the State Govern ment under clause (a) of sub -section (2) of section
30.
Facilities to
be afforded to
Inspector
13. The promoter and his servants sand agents shall afford to the Inspector all
reasonable facilities for performing the duties and exercising the powers impo sed
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 t his Act, and in the case of im movable 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-
37
[The United Provinces Aerial Ropeways Act, 1922] [Section 15-16]
(a) make such b ridges, culverts, drains, embankments, and roads as may be
necessary ;
(b) erect and construct such machinery, offices, stations, ware houses and other
buildings, works and conveniences as may be necessary;
(c) erect such structures for protection purp oses, over railways, roads, or other
public ways of communication a may be deemed necessary ; and
(d) do all other acts necessary for constructing, maintaining, altering, repairing, and
using the aerial ropeways.
Authority
of
promoter
to place
posts and
suspend
ropes
15. (1) Notwithstanding anything contained in the provisions of any enactment 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 n ot acquire any right other than that of user only in the
property under , along, in or upon which the promoter 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 interested
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 perm itted 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 t he proviso to sub -section (1) the matter shall be referred to the
Collector for decision.
Temporary
entry upon
land for
repairing or
preventing
accident
16
.
(1) A promoter m ay at any time, for the purpose of examining, repairing or altering an
aerial ropeway o r 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 pos sible, 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.
38
[The United Provinces Aerial Ropeways Act, 1922] [Section 17-21]
Removal of
obstruction
17. (1) Where any tree standing or lying near an aerial ropeway, or where any structure
or other objec t which has been placed or has fallen near an aerial ropeway,
subsequent to the construction of such aerial ropeway interrupts or interferes
with or is likely to interrupt or i nterfere with the constriction, maintenance,
alteration or use of the ropeway, t he Collector may, on the application of the
promoter, cause the tree, structure or object to be removed or otherwise dealt
with as he thinks fit.
Explanation-- For the purpose of this sub -section the expression "tree" shall be
deemed to include any shrub, hedge, jungle-growth or other plant.
(2) When disposing of an application under sub -section (1) the Collector shall
award to the person interested such compensation as the Collector thinks
reasonable, and the Collector may recover such amount from the promoter a if it
were an arrear of land revenue.
Procedure
regarding disputes
on matters
referred to in
sections 15, 16
and 17
18. No suit shall lie, in respect of any matter referred to in sec tion 15, 16 or 17, but
every order, other than an award, mad e 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
Promoter to fix
rates or fares
19. A promoter shall, for the purposes of working an aerial rope way and subject to
such maximum and minimum rates as may be prescribed, have power from time
to time to fix rates f or t he carriage of passengers, animals, or goods on the
aerial ropeway.
Duty of promoter
to work aerial
ropeway without
partiality
20. No promoter shall, for the purp oses of working an aerial ropeway make or give
any under 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 a ny
undue or unreasonable prejudice or disadvantage in any respect whatsoever.
Reporting of
accidents
Act no. XLV of
1860
21. When any of the following accidents occur in the course of working an aerial
rope way, 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;
39
[The United Provinces Aerial Ropeways Act, 1922] [Section 22-24]
the promoter shall, without u nnecessary delay, send notice or the accident
to the State Government and the Inspector of the aerial ropew ay, 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 t he aerial ropeway on which the accident
occurred, shall, with the least possible delay, give notice of the acci dent 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 wh ich 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.
Power of State
Government to
close and
reopen aerial
ropeways
22. (1) If, after inspecting any aerial ropeway opened to traffic, an Inspector is of opinion
that the use of the ropeway or of any specified part thereof may be attended with
danger to the public, he shall state that opinion, together with the grounds
therefore to the State Government and the State Governmen t 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 th e 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 there of has been closed
to any traffic it shall not be re -opened to such traffic until it has been inspec ted
and its re-opening sanctioned in accordance with the provisions of this Act.
DISCONTINUANCE OF AERIAL ROPEWAYS
Cessation of
powers of
promoter on
discontinuance
of serial ropeways
23. If, at any time afte r 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 rope way or of any part thereof, without a reason sufficient, in the
opinion of the State Government to warrant such discontinuance, the State
Government may, if it thinks fit, declare that the powers of the promo ter in
respect of such aerial rope way or part thereof shall, from such date as it may
determine, be at an end, and thereupon the said powers shall cease and
determine.
Explanation-- The working of a ropeway shall be deemed to have been
discontinued if it has ceased for a p eriod to be determined in the order published
under section 7.
Power of state
Government to
remove aerial
ropeway on
cessation of
pro-moter’s
powers
24. (1) When a declaration has been made by the, State Government under section 23 in
respect of any aerial rope way or of any part thereof, an officer appointed in that
behalf by the State Government may, at any time after the expirat ion of two
months from the date deter mined as aforesaid, remove such aerial rop e way 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.
40
[The United Provinces Aerial Ropeways Act, 1922] [Section 25-26]
(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 publi c auction or private sale and without any
previous notice to the prom oter 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 par t 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 t hereof so removed, and may,
out of the proceeds of the sale, pay proceeds to the promoter.
INABILITY OF INSOLVENCY OF PROMOTER
Proceedings
in case of
inability or
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 main tain
the rope way or to w ork 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 suc h
aerial ropeway, shall, at the expiration of six months from the date of such
declaration, be at an end, and thereup on the said powers shall, at the
expiration of that period, cease and determine.
(2) At any time after the expiration of the said six m onths an officer,
appointed by the State Government in that behalf, may rem ove the aerial
ropeway in the s ame manner and subject to the same provis ions 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
Power of
promoter to
make 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 deemed to he dangerous or offensive goods
and for regulating the carriage of such goods;
(c) for regulating the maximum number of passengers and animals and
the maximum weight of goods to be carried in each carrier;
(d) for regulating the use of steam power or any other mechanical power
or electrical power on the aerial ropeway
(e) for regulating the conduct of the promoter's servants ;
(f) for regulating the terms and conditions o n which the promo ter w ill
warehouse or retain goods at any station on behalf of the consignee or
owner of such goods; and
(g) generally for regulating t he travelling upon, and the use working, and
management of the aerial ropeway.
41
[The United Provinces Aerial Ropeways Act, 1922] [Section 27-30]
(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 eff ect 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
Returns 27. A promoter shall in respect of the aerial rope way 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.
Protection of
roads,
railways,
tramways
and
waterways
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 or waterway.
Acquisition
of land on
behalf of a
promoter
Act no. I of
1894
29. The State Government may, if it thinks fit, subject to the pro visions 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
Power of
State
Government
to make
rules
30. (1) The State Government may after previous publication, 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 ma gistrates on the
occurrence 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.
1.For rules see notifications no. 499 R/C-66-1930 dated June 19 1931, no. 490-3 R/84 R-1936., dated May I,
1937 and no. 490-(2)-R/84R, dated May 31, 1937 in Gaz. 1931 Pt. I, pp, 672-674, ibid, 1937, Pt. 1 P. 1033 and
ibid 1937 Pt. I, P. 1128, respectively.
42
[The United Provinces Aerial Ropeways Act, 1922] [Section 31-32]
(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 t he conditions under which the through booking of
goods may b e 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
Failure of
promoter to
comply with
Act
31
.
If a promoter-
(a) constructs or maintains a n aerial ropeway otherwise than in accordance with the
terms of an order made under section 7 ; or
(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 ropewa y in accordance with an order passed under sub-
section (If 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) contravenes 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 c ase of a
continuing offence, to a further fine which may extend to fifty rupees for every day after
the date of the first conviction during which the offender is proved to have persisted in the
offence.
Unlawfully
obst-ructing
promo-
ter’s servant
in discharge
of his duty
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
43
[The United Provinces Aerial Ropeways Act, 1922] [Section 33-36]
Unlawfully
interfering with
aerial ropeway
45 of 1860
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 ro peway or of t he
works connected therewith;
(b) does anything in such a manner as to obstruct any carrier traveling on an
aerial ropeway;
(c) attempts to do or abets, within the meaning of the Indian Penal Code, the
doing of anything mentioned in clause (a) or clause (b) ;
he shall (without prejudice to any other remedy which may be obtained
against him in a Civil Court) be punishab le with fine which may extend to two
hundred rupees,
Punishment for
acts or attempts
tending to
endanger safety
of persons
travelling or
being upon
aerial ropeway.
34. If any person does anything mentioned in clause (a), clause (b) or clause (c) of
section 33 or does, a ttempts 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 aer ial ropeway, he shall be punishable with
imprisonment for a term which may extend to fourteen years.
Arrest for
offences against
certain sections,
and procedure
thereupon.
35. (1) If any person commits any offence under section 33 which obstructs the working
of an aerial ropeway or commits any off ence punishable with imprisonment under
section 34, he may be arrested without warrant or other written au thority 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.
Notification of
claims to
refunds of over
charges and to
compensation
for losses
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 com pensation 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 pro moter within six months from the date of the delivery of
the animals or goods for carriage by the ropeway.