Chapter VIII WORKING OF ROPEWAYS

The promoter shall, for the purposes of working a public ropeway, and subject to such maximum rates including all charges as may be ordered by the Licensing Authority, have power, from time to time, to fix the rates for the carriage of passengers, animals or goods on the ropeway.

(1) Whenever any accident of a description attended with loss of human life or serious physical injury to any human being or with a serious injury to property occurs in the course of working of a ropeway. The promoter or any person authorised by him in this behalf shall forthwith shall inform ,- (i) report of the matter to the officer-in-charge of the police station in whose jurisdiction the site of the accident is situated.; (ii) in writing to the Licensing Authority, the Deputy Commissioner and District Magistrate of the District in which the accident has occurred; and (iii) the nearest hospital or dispensary. (2) The promoter shall make arrangements for shifting the injured / dead passengers and animals to the nearby hospital immediately. The promoter shall bear the medical expenses and reimburse the same by the insurance company or by any other source.

(1) If after inspecting any ropeway opened to traffic, the District Inspector is of opinion that the ropeway or any specified class of traffic, he shall state that opinion, together with the grounds thereof to the Licensing Authority, and the Licensing Authority after such further enquiry, if any, as he may think fit, may thereupon order that, for reasons to be set forth in the order, the ropeway, or the part thereof so specified, be closed to all traffic or to any specified class or traffic: Provided that, in any case of extreme urgency, the District Inspector may order the suspension of the working of the ropeway or any part thereof which he considers necessary pending the order of the Licensing Authority. The District Inspector shall forthwith make a report of his order to the Licensing Authority who will make necessary order within a period of seven days. (2) When under sub-section (1), a ropeway or any part thereof has been closed to any traffic, it shall not be reopened to such traffic until it has been inspected and its reopening sanctioned, in the as may be prescribed.

(1) When a declaration has been made by the Licensing Authority Under section 21 in respect of any public ropeway or of any part thereof, an officer appointed in that behalf by the Licensing Authority may at any time after the expiration of two months from the date determined as aforesaid, remove such ropeway 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. (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 public auction or, with the written consent of the promoter, by private sale, and with due notice to the promoter but 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 public ropeway or part thereof so removed; any may, out of the proceeds of the sale, pay and reimburse to himself the amount of costs certified as aforesaid and the costs of sale, and shall pay over residue (if any) of such proceeds to the promoter.

(1) All orders made by the Licensing Authority or the Deputy Commissioner under this Act except those which are made by the Deputy Commissioner under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013), shall be appealable within thirty days from the date of order and the appeal shall lie to the State Government. (2) Any appeal preferred under sub-section (1), shall normally be disposed of by the State Government within three months from the date of receipt of the appeal. (3) The State Government may, of its own motion, call for and examine the records of any proceedings for the purpose of satisfying itself as to the legality or propriety of any order made under this Act by the Licensing Authority or the Deputy Commissioner not being an award or order made or passed by the Deputy Commissioner under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013), and if in any case it shall appear to the State Government that any such order should be modified, annulled or revised or remitted for reconsideration, the State Government may, after giving the party to be affected thereby a reasonable opportunity of being heard, pass such order thereon as it may deem fit.

(1) No promoter shall, in the course of the construction, repair, working or management of a ropeway, cause any permanent injury to any public road, railway, or waterway, if any, or a high tension power line or any other thing of a public utility service or obstruct or interfere with, otherwise than temporarily as may be necessary, the traffic on any public road, railway, or waterway. (2) If the promoter causes any damage to roads, railways and waterways he shall be liable to pay the cost of the damage, as assessed by the concerned roads, railways and waterways Authorities, as the case may be. It shall be in addition to his liability to pay the fine for the offences enumerated under section 25 of the Act.

If a promoter, - (a) Constructs or maintains or works a ropeway otherwise than in accordance with the terms of a licence granted under section 11 or under sub-section (2) of section 6; or (b) Opens a ropeway or permits it to be opened in contravention of any of the provisions of section 14; or (c) Fails to comply with the provisions of sub-section (4) of section 5; or (d) Works a ropeway existing immediately before the provisions of section 6; or (e) Fails to comply with the provisions of section 18, or (f) Fails to send notice of any accident as required by section 19; or (g) fails to close a ropeway in accordance with an order passed under sub-section (1) of section 20 or reopens any ropeway in contravention of sub section (2) of that section, or (h) Continues to exercise the powers of a promoter in respect of any ropeway in contravention of the provisions of section 21; or (i) Contravenes any of the provisions of section 24; or (j) contravenes the provisions of any rule made under section 27,

The State Government may, by notification in the Official Gazette, delegate all or any of the powers conferred on it by this Act, except that of making rules, to the Licensing Authority or to any other authority, to be exercised within such area and subject to such conditions as may be specified in the notification.

(1) The State Government may, after previsious publication make rules to carry out the purpose 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 the Chief Inspector and the District Inspector appointed under section 5, (b) The accidents of which notice shall be given to the Licensing Authority and to the District Inspector, (c) The duties of the promoter, promoter's servants and of police officers, and magistrate on the occurrence of an accident; (d) The standard dimensions and specifications to which the rope-way is to conform; (e) The manner in which notice under this Act shall be served, (f) The safe and efficient working of ropeways; (g) The conditions under which, and the manner in which, the powers conferred on promoters by section 15 and section 16 may be exercised, (h) the procedure for the disposal of application under sub-section (2) of section 20 to reopen any ropeway or part thereof and the conditions under which such ropeway may be reopened; (i) The procedure for filing, hearing and disposing of appeals under this Act; (j) The fees to be charged to promoters and other persons in respect of licences, application, enquiries, inspection, and services rendered under this Act, (k) The procedure for making, hearing and disposing of applications under this Act; (l) Provisions for fire fighting, first aid and other amenities, and (m) Any other matter which is to be or may be prescribed under this Act. (3) All rules made under this shall be published in the Official Gazette. (4) Every rule made under this Act shall be laid, as soon as may be after it is made, before the House of the State Legislature while it is in session for a total period of not less than fourteen days which may be comprised in one section or in two or more successive sessions and if before the expiry of the session in which it is so laid or the sessions aforesaid, the House makes any modification in the rule or decides that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

(1) If any difficulty arises in the giving effect to the provisions of this Act, the State Government may, by order, published in the Official Gazette, make such pro- visions not inconsistent with the provisions of this Act. (2) Every order issued in this regard under sub section (1) shall be laid before each house of the State Legislature. Wherever power to make bye laws is to be provided.