Chapter XII OFFENCES, PENALTIES AND ARRESTS

If a promoter,- (a) constructs or maintains an 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 provisions 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 a Collector under sections 14, 15, 16 or by the State Government or a District Judge under section 17; or (e) contravenes any of the provisions of section 19; or (f) fails to send notice of any accident as required by section 20; or (g) fails to close an aerial ropeway in accordance with an order passed under sub-section (1) of section 21 or reopens 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 22 or section 26; or (i) fails to comply with the provisions of section 27 or section 28; or (j) contravenes any of the provisions of section 29; or (k) contravenes the provisions of any rule made under section 32; 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 Rs. 5,000 and in the case of a continuing offence, to a further fine which may extend Rs. 500 for every day after the date of the first conviction during which the offender is proved to have persisted in the offence.

If a person, without lawful excuse, the burden of proving which shall lie upon him, wilfully obstructs or impedes any servant of a promoter in the discharge of his duty, he shall be punishable with fine which may extend to one hundred rupees.

If any person, without lawful excuse, the burden of proving which shall lie upon him, wilfully 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 manner as to obstruct any carrier travelling on an aerial ropeway; (c) attempts to do or abets within the meaning of the Indian Penal Code, 1860 (Central Act 45 of 1860) 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 punishable with fine which may extend to two hundred rupees.

(1) If any person does anything mentioned in clause (a), clause (b) or clause (c) of section 35 or does, attempts to do, or abets, within the meaning of the Indian Penal Code, 1860 (Central Act 45 of 1860), 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. (2) If the promoter does anything or omits to do anything, mentioned in section 33, in relation to an aerial ropeway with intent or with knowledge that such act or omission 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 shall not be less than one month but may extend to five years.

(1) If any person commits any offence under section 34 or section 35 which obstructs the working of an aerial ropeway or commits any offence punishable with imprisonment under section 36, he may be arrested without warrant or other written authority by any servant of the promoter or by any police officer, or by other persons 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.

The Punjab Aerial ropeways Act, 1926 (5 of 1926), as in force in the areas added to Himachal Pradesh under section 5 of the Punjab Re-organisation Act, 1966 (31 or 1966), is hereby repealed: Provided that anything done or any action taken or any proceedings commenced or continued under the said Act, shall be deemed to have been done, taken, commenced or continue under the corresponding provisions of this Act.