The Bombay Aerial Ropeways (Gujarat Amendment) Act, 2004

1. (1) This Act may be called the Bombay Aerial Ropeways (Gujarat Amendment) Act, 2004.
2. (2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

III of 1956 In the Bombay Aerial Ropeways Act, 1955 (hereinafter referred to as "the principal Act") , in section 3, for sub-section (2), the following shall be substituted, namely:- "(2) The Advisory Board shall consist of a Chairperson who shall be the Chief Electrical Inspector and seven other members to be appointed by the State Government amongst the persons having knowledge or experience in the fields of ropeway, structural, mechanical, electrical and metallurgical engineering: Provided that the Board may invite an expert in the meeting of the Board and such invitee may take part in the meetings but shall not have right to vote in the meeting.".

III of 1956 In the principal Aci, in sectioii 5, the following words shall be added at the end, namely:- "and the rules made thereunder and in co~lforrnity with the provisions of the relevant code of practice of the Rurenu of Indian S:andxd.".

III of 1956 In llle pl-iilcipal Act, in sccticn '7, after clause (0, the following clauses shall be added, namely:- "(gj a description of basic engineering design and risk analysis of rnpeway. scllernes for safety recluirements and crnergerlcy plan for rescue operations;

1. (h) drawings showing the electrrcal layouts control circuits, lighting circuits and earthing systems; . .
   • (i) such other inforn~alio~l and documents as rnay prescl-i bed.".

III of 1956 In the principal Act, in section 9, in sub-section (4), in clause (vi), the following words shall be added at the end, namely:- "and the requirement of the certificate of a recognised testing laboratory of the major materials to be used and essential for the safety of the installation.".

III of 1956 In the principal Act, after section 14, the following new section shall be inserted, namely:- "14A.

1. (1) Every aerial ropeway shall be inspected by the Inspector at least once in a year.
2. (2) Before the initial inspection is carried out by the Inspector under section 14 or the periodical inspection under sub-section (1), the promoter shall also submit a report of inspection carried out by an agency authorised by the Advisory Board in this behalf.".

III of 1956 In the principal Act. after section 19, the following new sections shall be inserted, namely:- "19A (I) The promoter of every aerial ropeway sha~i' obtain a policy of insurance in respect of the aerial ropcway from an authorised insurer recognised under the relcvan: instirancc law. (2) 'The policy of insurance obtained by the promoter under sub-section

1. (1) shall cover the insurance of the person traveling in the aerial ropeway including those persons employed by the promoter in cunnectlun wick the operation of such aerial ropeway against any liability which may be incurred by him in respect of the death of or bodily injury to any person including of tle gods or his authorized I-epresentatives carried in the aerial ropcway or darn& to any propel-fy of third party caused by or arjsing out of the use of aerial ropcway. 19B. (I ) Where death or pamment disablement of any person he ESQ!~~ frm. 8n arxirlent arising out of the use of aerial ropeway, the promoter or promoters of the aerial ropeway shaii jointly and severaiiy, te liable to pay compensation in respect of such death or disablement of any person.
2. (2) The amount of compensation to b paid under sub- section
3. (1) shall be a fixed sum of rupees two lacs in case of death of any person and rupees fifty thousand in case of permanent disablement of any person and in the case of minor injuries such sum not exceeding rupees twenty-five thousand as may be determined by the Advisory Board,
4. (3) A claim for compensation under sub-section
5. (1) shall neither be defeated by reason of any wrongful act, neglect or default of the person in respect of whose death or permanent disablement, the claim has ken made nor shdl k quantum of cornpensahon recoverable in respect of such death or pernlanent disablement be reduced on the basis 'of the share of such person in the responsibility for such death ar permanent disablement. (4) The right to claim compensation under this section in respect of death or ' peimanent disabIement of any person shall k in addrtson to the right of any such person to claim compensation in respect thereof under any other I aw for the time being in force: Provided ihat 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 !his section.".

III of 1956 In the prirlcipal Acl. in section 20.-

1. (1) fol-the111ords"sendnotice of the accide~~~lorheSta~e Government and to the Inspector", rhe wol-ds "give intimation to the State C;ovei-~~~nent itt~d to the

Inspector and send rt notice of rhc accident to he Stale

Govelnment and to the Inspector. in such form and within such period as may be prescribed " shall be substituted. (2) for the words "Greater Bombay, to the Cornmissionel-

of Police", the words "Commissioner of Police in the

City area" shall be substituted.

III of 1956 In the principal Act, in section 29, for the words "revision by the District Judge", the words "revision by a judge of the City Civil Court in the city of Ahmedabad and elsewhere by the District Judge" shall be substituted.

III of 1956 In the principal Act, in section 30, in the Explanation, for the words and figures "the Indian Companies Act, 1913", the words and figures "the Companies Act, 1956" shall be substituted.

III of 1956 In the principal Act, in section 33, in sub-section (2),-

1. (1) after clause (c), the following clause shall be inserted, namely:- "(cc) fails to carry out inspection under sub- section-(2) of section 14A,or";
2. (2) after clause (e), the following clauses shall be inserted, name1 y:- "(ee) fails to obtain policy of insurance under sub- section
3. (1) of section 1 PA; or
   • (eee) fails to pay within reasonable time, compensation payable under section 19I3, or";
4. (3) for the words "two hundred rupees", the words "ten thousand rupees" shall be substituted:
5. (4) for the words "fifty rupees". the words "two thousand five hundred rupees" shall be substituted;
6. (5) for the words "one thousand rupees". the words "fifty thousand rupees" shall be substituted.

III of 1956 In principal Act, in section 34, for the words "two hundred rupees", the words "ten thousand rupees" shall be substituted.

III of 1956 In the principal Act, in section 35, for the words "two hundred rupees", the words "ten thousand rupees" shall bc substituted.

III of 1956 In the principal Act, in section 42, in sub-scction (I), for the figures "14, 15, 16, 17", the figures and letters " 14, 14A, 15, 16, 17, 19A, 19B" shall be substituted,

III of 1956 -1 In the principal Act, in section 45, in sub-section (2)-

1. (1) 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; ";
2. (2) in clause (d), for sub-clause (vi), the following sub-clauses shall be substituted, namely:- "(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 :";
3. (3) in clause (g). for the vI!ords "the accidents of which", the words "form in wl-tich, the period within which and the accident of which" shall be substituted.