A promoter of an aerial ropeway for public traffic
shall, in respect of such ropeway, submit to the State Government
returns of capital, receipts and traffic at such intervals and in such
forms as maybe prescribed.
39.
Protections of roads, railways, tramways and waterways.-
No promoter of an aerial ropeways
shall, in the course of the construction, repair, working or management
of such 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.
40.
Acquisition of land by promoter.-
The State Government may, if it thinks fit, on the application of any
promoter of an aerial ropeway for public traffic desirous of obtaining
any land for the purpose of constructing, working or managing such
ropeway, direct that he may, subject to the provisions of this Act,
acquire such land under the provisions of the Land Acquisition Act,
1894, in the same manner and on the same conditions as it might be
acquired if the promoter were a company.
41.
Limitation of claims for damage to animals or goods.-
No person shall be entitled to a refund of an
overcharge in respect of animals or goods carried by an aerial ropeway
for public traffic or to compensation for the loss destruction 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 promoter Within six months from the date of the delivery
of the animals or goods for carriage by the aerial ropeway.
42. Application of Act to
certain private aerial ropeways.-
Section 1, 2, 4, 5, l3,14, 15, 16, 17 and 20, sub .section
(1) of sect inn 21, and sub-clauses (b), (f), (g), (j) and (k) of
clause (2) of section 33, section 36, 37 and 39 and sub-section (1)
and (3) and clauses (a), (b), (e), (g), (h), (j), (m) and (o) of
sub- section (2) of section 45 shall also apply to the private
aerial ropeways constructed for the purposes referred to in section
30:
Provided that, in the application of section 17 to any such ropeway,
for the words and figures "the issue of an order under section 10"
the words, figures and brackets "the issue of a notification for the
acquisition of, or an order for the temporary occupation of land in
accordance with the provisions of sub-section (1) of section 30",
shall be deemed to be substituted.
The Suite Government on the application of the promoter or
otherwise may declare that the provisions of section 30 and of
sub-section (1) of this section shall apply to any aerial ropeway,
or class of aerial ropeways, for private traffic.
43. Inspectors, officers
and servants to be public servants.-
The Inspectors and all officers and servants appointed under section 4
shall be deemed to be public servants within the meaning of section 21
of the Indian Penal Code.
44. Protection of persons
acting in good faith under this Act.-
No suit or other proceeding shall lie against the
State Government or any person for anything which is in 'good faith done
or intended to be done under this Act or the rules.
45. Power of State
Government to make rules
The State Government may, subject to the condition of previous
publication, make rules to carry out the purposes of this Act.
In particular, and without prejudice to the generality of the
foregoing power, such rules may provide for the following mailers:—
powers of Inspectors under section 4;
the payment of money or lodging of securities, by way of
deposit, by the intending promoter before an order is published
under sub-section (2) of section 10; the investment of money so
paid; the disposal of interest or dividends from time to time
accruing due on money or securities so paid, lodged or invested;
the application of the money or securities of the interest or
dividend thereon for discharging of any liabilities incurred by
the promoter; and the forfeiture, repayment or return of the
money or securities;
the plans and sections of any works to be deposited by the
intending promoters in respect of an order under section 0;
rules for the purposes of section 14 relating to the safe
and efficient working of an aerial ropeway including—
the regulation of the use of steam power or any other
mechanical power or electrical power on a ropeway,
the standard dimensions and specifications with which
the aerial ropeway shall conform,
the rate of speed at which carriers are to be moved or
propelled,
the goods which shall be deemed to be dangerous or
offensive goods, and the carriage of such goods by aerial
ropeway,
the maximum number of passengers and animals, and the
minimum weight of goods to be carried in each carrier of an
aerial ropeway.
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after clause (a), the following clauses shall be inserted,
namely:-
"(aa) construction, opening, maintaining and working of aerial
ropeway under section 5;
(aaa) other information and documents which shall contain with the
application under section 7; ";
the conduct of the promoter's servants, and
the terms and conditions on which the promoter shall
warehouse or retain goods at any station on behalf of the
consignee or owner of such goods;
the conditions under which and the manner in which the
powers conferred on promoters by sub-section (1) of section 15
and sub- section (1) of section 16 may be exercised;
the maximum and minimum rates to be prescribed under section
18 and section 27;
the accidents of which] notice shall be given to the State
Government and to the inspector under clause (c) of section 20
and duties of the promoter's servants, police officers, and
Magistrates on accidents reported under that section;
the procedure for the disposal of applications under
subsection (2) of section 21 to re-open an aerial ropeway for
public traffic or part thereof and the conditions under which
such ropeway may be re-opened;
the method of arbitration for the settlement of disputes
under section 24;
the procedure for filing, hearing and disposing of
application for revision under this Act, and the manner in which
the advice of the Advisory Board may be taken under section 28;
the intervals at which and the form in which returns shall
be submitted under section 3l);
the preparation, submission and auditing of the accounts of
the promoter;
the manner in which notices under this Act shall be served;
the manner in which, and the conditions under which the
through booking of goods may be permitted between an aerial
ropeway and railway, tramway, or another aerial ropeway;
the fees to be charged to promoters and other persons in
respect of applications, inquiries and services rendered under
this Act; and
any other matter which is or to be prescribed under this
Act.
All rules made under this section shall tie published in
Official Gazette.
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"(vi) the conduct of the employees of the promoter and the requirements,
qualifications and experience of such employees;
"(vi-a) the provision regarding emergency plan covering risk assessment
connected with such operation ;";
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(3) in clause (g), for the words "the accidents of which", the words
"form in which, the period within which and the accident of which" shall
be substituted.