Chapter II Chapter II

(1) The State Government shall, by notification in the Official Gazette, constitute an Advisory Authority for ropeways. (2) The Minister in charge of Tourism Department shall be the Ex-officio Chairman. (3) The Ex-officio Chairman shall have the power to appoint such number of members as he deems fit to scrutinize the project of establishment of ropeways. (4) The Secretary to Government, Tourism Department or his representative not below the rank of Deputy Secretary to Government shall be the Ex-officio member Secretary of the Advisory Authority. (5) The Additional Chief Secretary to Government, Forest, Ecology and Environment Department or his represetative not below the rank of Deputy Secretary to Government shall be the Ex-officio Member, (6) The Ex-officio Chairman may invite such number of members from among the leading personalities having wide knowledge about the ropeway, structural, mechanical, electrical and metallurgical engineering. (7) The Ex-officio Chairman may invite the Secretary to Government, Finance Department or his representative not below the rank of Deputy Secretary to Government, the Secretary to Government, Revenue Department or his representative not below the rank of Deputy Secretary to Government, the regional Commissioner, the region where ropeway is being constructed, the Deputy Commissioner, of the concerned District where ropeway is being constructed, the Chief Executive Officer, Zilla Panchayath of the concerned District where ropeway is being constructed, the Chief Engineer Communication and Building, Public Works Department or his representative not below the rank of Executive Engineer and the Chief Engineer of electricity Board, as the Ex-officio members. (8) The Ex-officio Chairman may invite the Environmentalist having prominent knowledge of environment or other such prominent personalities having prominent knowledge of social or economic or flora or fauna as the Ex-officio members. (9) The State Government may, by general or special order, (a) define the duties of, and regulate the procedure of, the Advisory Authority: (b) determine the tenure of office of the members of the Board; and (c) give directions as to the payment of fees to, and the travelling expenses incurred by, any member of such Board in the performance of his duty.

The Authority having power to grant licences under this Act (hereinafter referred to as the Licensing Authority) shall be the District Magistrate having territorial jurisdiction over the district in which ropeway is saught to be constructed. The Licensing Authority shall grant licences only after getting the approvals from the Advisory Authorities, District Officer in the Department of mines and Geology Environmental Officer of the District the Deputy Conservator of Forest in the District the District Officer of the Electrical Department. The Licensing Authority shall also call for the feasibility report from the Departments of Forest and Mines and Geology and satisfy itself that the proposed ropeway construction and operation do not endanger environment in the given locality. The Licensing Authority shall obtain the undertaking from the applicant that the said applicant shall obtain the insurance coverage for the passengers, animals, goods and its workforce and the public. Further, the licensing authority shall also obtain an undertaking from the applicant that will keep renewing the insurance policy during the entire period of operation of ropeways.

(1) The State Government may appoint such person to be the Chief ropeway Inspector for the State and a District Ropeways Inspector as it deems fit and may fix the fees to be charged to promoters for the performance of their duties under this Act. (2) The Chief ropeway Inspector and the District ropeway Inspector shall exercise such powers and perform such functions and duties as may be provided by or under the provisions of the Act. It shall also be the duty of any such Inspector from time to time and at least once a year in the case of the Chief ropeway Inspector and once a quarter, in the case of the District ropeway Inspector to inspect the ropeways and to determine whether they are maintained in a fit condition and worked with due regard to the convenience and safety of the persons using them and of the general public, and consistently with the provisions of this Act. (3) The Chief ropeway Inspector and the District ropeway Inspectors shall, for the purpose of any of the duties which they are authorised or required to perform under this Act, be deemed to be public servants as defined in the Bharatiya Nyaya Sanhita, 2023 (Central Act 45 of 2023). (4) The promoter and his servants and agents shall afford to the Chief ropeway Inspector and the District ropeway Inspector all reasonable facilities for performing the dunes and exercising the powers imposed and conferred upon them by or under this Act (5) The State Government may also appoint the other subordinate officers and servants with such designations and assign them such powers, duties and functions as may be necessary for carrying out the purposes of this Act.

(1) No ropeway shall be constructed, opened, maintained or worked except in accordance with the provisions of this Act. (2) Notwithstanding anything in sub-section (1), any person by whom a ropeway was, in any part of the State, being worked immediately before the commencement of this Act, whether for public, private or industrial purpose shall apply to the licenceing authority and shall follow the same procedure and comply with the same requirements as prescribed for the applicant for staring the new ropeway and after such enquiry as may be considered necessary, be, by licence, authorise to continue the working of such ropeway, as far as may be, into accordance with the provisions of this Act, be specified in the licence. (3) The application under sub-section (2) shall, within a period of thirty days from the date of commencement of this Act, be made to the Licencing Authority in such form and manner and with such technical or other details regarding the concerned ropeway as may be prescribed. (4) Any person aggrieved by an order refusing to grant a licence under sub-section (2) or by any order otherwise made under the sub-section may, within a period of sixty days from the date of the order appealed against, prefer an appeal to the State Government which may pass such order as it deems necessary. (5) Nothing contained in sub-section (1), shall affect the continuance of the working of the ropeways referred to in sub-section (2), during the period within an which application under this sub-section may be made or, where such application has been made, up to the date the order granting or refusing to grant a licence under that sub-section becomes final.

Every application by an intending promoter other than the State Government for permission to undertake the necessary preliminary investigations with regard to a proposed ropeway shall be submitted to the Licensing Authority.

Every application to be made under section 7 shall contain all the information relevant to the proposed ropeway and may include, the following namely:- (a) A description of the undertaking and of the route to be followed by the proposed ropeway; (b) A description of the system of construction and management and of the advantages to the community to be expected from such ropeway; (c) An estimate of the cost of construction thereof, (d) A statement of the estimated working expenses and profits expected; (e) A statement of the maximum and minimum rates which it is proposed to charge; and (f) Such maps, plans, sections and diagrams as may be prescribed and such other information as the licensing authority may require in order to forming an idea of the proposal.

(1) The Licensing Authority or, where the immovable properties not belonging to the intending promoter are involved. The State Government may, subject to the provisions of this Act and the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013), accord sanction to the intending promoter to make such surveys as may be necessary. (2) Before according sanction under sub-section (1), the Licensing Authority or, as the case may be, the State Government may also require the intending promoter to submit such detailed estimates, plans, sanctions and specifications and such further information as it may think necessary for the full consideration of the proposal (3) The intending promoter shall not be entitled to claim any compensation from the State Government for any expense incurred under this section in the event of his application being refused

(1) The Licensing Authority may, on an application being made by any intending promoter, and after due consideration of the details supplied in accordance with sub-section (2) of section 9. publish in any two daily newspapers circulating in the State out of which at least one shall be in the regional language, a draft of the proposed licence authorising the constriction by, or on behalf of, such promoter, subject to such restrictions and conditions as the Licensing Authority may think proper, of a ropeway within any area, or along any route specified in such licence,- (a) For the public carriage of passengers (b) For the public carriage of passengers and goods (c) For the public carriage of animals and goods (d) For the public carriage of passengers, animals and goods; or (c) For any private or industrial purpose (2) A notice shall be published with the draft licence stating that any objection or suggestion which any person may desire to make with respect to the proposed licence will, if submitted to the Licensing Authority within a period of thirty days from the date of the notice be received and considered by it. (3) The Licensing Authority shall also cause public notice of the intention to grant the licence to be given at conspicuous places within the said area or along the said route, and shall, so far as may be 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 licence, which may be received from any person within the period specified in sub-section (2) and take decision thereon. (4) The draft of the proposed licence shall contain such details of the proposed ropeway as may be prescribed. (5) If the Licensing Authority passes the order refusing to grant the license and the State Government confirms/upholds it, none of the steps mentioned in sub-section (1) to (4) of this section shall be necessary.

(1) If, after considering any objections or suggestions which may have been made in respect to the draft before the expiry of the period specified in sub-section (2) of section 10. The Licensing Authority is of opinion that the application shall be granted with or without modifications, or subject to any restrictions or conditions, he shall grant a licence accordingly. (2) Every licence authorising the construction of a ropeway granted under sub-section (1) shall, in such from as may be prescribed, be published in the official Gazette and such publication shall be conclusive proof that the licence has been granted as required by this section.

If a promoter fails to adhere to the timelines prescribed by the Licensing Authority and extended by it, if any, for the construction and operation of the ropeway project, the right accrued from the license granted under section 11 shall cease to be exercised.

(1) The licensing authority may either suo-moto or on an application, filed by the promoter, revoke the license or amend it or extend it. The application for the amendment of the license or for the extension of the period for the operation of ropeways, shall be considered in the same manner and subject to the same conditions as an application for the grant of license. (2) The Licensing Authority may also extend the time for the completion of the project of construction and operation of ropeways. If it rejects the application for extension of time for implementing the project, it shall record the reasons for the same.

(1) No ropeway shall be opened for any kind of traffic until the Licensing Authority has, by order. sanctioned the opening thereof for that purpose. The sanction of the Licensing Authority under this section shall not be given until the Chief Inspector has reported in writing to the Licensing Authority ,- (a) That he has made a careful inspection of the ropeway and appurtenances. (b) That the moving and fixed dimensions and such other conditions as may be prescribed have been complied with. (c) That the ropeway is sufficiently equipped for the traffic for which it is intended, that due compliance of the rules and conditions of licence has been made. (e) That in his opinion sufficient measures have been taken to prevent and control the pollution caused or likely to be caused by the working of the ropeway. (f) That in his opinion the ropeway is fit for traffic and can be used without danger to those using it, or to the persons employed thereon, or to the general public. (2) The provisions of sub-section (1), shall extend to the opening of additional sections of the ropeway, to deviation lines, and to any alteration 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. The said provisions shall also extend to the continuance of the ropeways referred to in sub-section (2) of section 6. 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. 10,000, and in the case of a continuing offence, to a further fine which may extend to Rs. 2,000 for every day after the date of the first conviction during which the offender is proved to have persisted in the offence.

(1) Subject to the provisions of this Act, the rules made thereunder, and in the case of immovable property of any enactment for the time being in force for the acquisition of land for public purposes and for companies, a promoter may, - (a) make such survey as he thinks necessary; (b) place and maintain a rope over, along or access any immovable property, (c) suspend and maintain a rope over, along or across any immovable property; (d) make such bridges, culverts, drains, embankments and roads, as may be necessary;

(1) Subject to the rules made under this Act, at any time for the purpose of examining or repairing a public ropeway or preventing any accident, enter upon any immovable property adjoining such ropeway, and may do all such works as may be necessary for such purposes. (2) The licensee shall inform the owners and occupants of his entering upon the immovable property. (3) If the owners and occupants of the immovable properties raise any objection or put up the obstruction, the same shall be reported to the Deputy Commissioner of the concerned District. On holding the summary inquiry, the Deputy Commissioner shall permit the Licensee to enter upon the immovable property. (4) in the exercise of the powers conferred by sub-section (1), the promoter or his duly authorised servant or agent, as the case may be, shall cause as little damage as possible, and compensation shall be paid by him for any damage so caused, and in the case of any dispute as to the amount of such compensation, or the person to whom it shall be paid, the matter shall be referred to the decision of the Deputy Commissioner.

(1) When any tree standing or lying near a public ropeway or where any structure or other object which has been placed or has fallen near such ropeway subsequent to the grant of a licence under section 11 in regard to such ropeway, interrupts or interferes with, or is likely to interrupt or interfere with the construction, maintenance or use of such ropeway, the Deputy Commissioner may, on the application of the promoter after affording a reasonable opportunity of being heard to the perons affected, cause the tree, structure or object to be removed or otherwise dealt with as he thinks fit. Explanation: For the purpose of this sub-section, the expression "tree" shall be deemed to include any shrub, hedge, jungle growth or other plant. (2) When disposing of an application under, sub-section (1), the Deputy Commissioner shall award to the person interested such compensation as the Deputy Commissioner may recover such amount from the promoter as if it were an arrear of land revenue.