Chapter III ORDERS AUTHORISING THE CONSTRUCTION OF AERIAL

(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 authorising the construction of an aerial ropeway within any specified area or along any specified route by or on behalf of such promoter, subject to such restrictions and conditions as the State Government may deem proper. (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 conveniently 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;

(1) If, after considering objections or suggestions which may have been made in respect to the draft on or before the specified date, the State Government is of the 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 authorising the construction of an aerial ropeway shall be published in the Official Gazette, and such publication shall be conclusive proof that the order has been made as required by this section.

If a promoter authorised 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 aerial ropeway; (b) make, in the opinion of the State Government, substantial progress with the construction of the aerial ropeway; or (c) complete the construction thereof; the powers given to the promoter by such order shall, unless the State Government prolongs the time so specified, cease to be exercised

(1) The State Government 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 the State Government 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.

(1) No aerial ropeway 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 State Government under this section shall not be given until an Inspector has reported in writing to the State Government,- (a) that he as well as the Expert Committee has made a careful inspections of the aerial ropeway and appurtenances; (b) that the moving and fixed dimensions and other conditions prescribed under the order have been complied with; (c) that the aerial ropeway is sufficiently equipped for the traffic for which it is intended; (d) that the bye-laws and working rules prescribed by sections 27 and 32 have been duly made, approved, and promulgated in the manner prescribed in those sections; and (e) that in his opinion as well as in the opinion of Expert Committee the aerial ropeway is fit for public traffic and can be used without danger to the public using it, or to the person employed thereon, or to the general public. (2) The provisions of sub-section (1) shall extend to the opening of additional sections of the aerial ropeway, to deviation lines, and to any alternation 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.

(1) The State Government may appoint Inspectors of aerial ropeways out of Graduate (Mechanical Engineers, not below the rank of an Executive Engineer, and may fix the fees to be charged to promoters for the performance by Inspectors of their duties under this Act. (2) The Inspector shall exercise such powers and perform such functions and duties as may be provided by or under the provisions of this Act. It shall also be the duty of such Inspector, from time to time, to inspect such ropeways and to determine whether they are constructed and maintained in a fit condition and working properly to the entire convenience and safety of the persons using them and of the general public and consistent with the provisions of this Act: Provided that the Inspector shall inspect the ropeway and its appurtenances,- (i) where human beings are carried, atleast once in three months; and (ii) where animals and goods are carried, atleast once in a six months. (3) The State Government may also appoint other subordinate officers and servants with such designations and assign to them such powers, duties and functions as may be necessary for carrying out the purposes of this Act.

An Inspector shall, for the purpose of any of the duties which he is authorised or required to perform under this Act, be deemed to be a public servant, as defined in the Indian Penal Code, 1860 (45 of 1860) and shall for the purpose have such powers as may be prescribed by the State Government under clause (a) of sub-section (2) of section 32.

The promoter and his servants and agents shall afford to the Inspector or as the case may be, to the members of the Expert Committee all reasonable facilities for performing the duties and exercising the powers imposed and conferred upon him by this Act or by rules made thereunder