The Karnataka Tourism Ropeways Act, 2024

KARNATAKA ACT NO. 08 OF 2025 THE KARNATAKA TOURISM ROPEWAYS ACT, 2024

(1) This Act may be called the Karnataka Tourism Ropeways Act, 2024. (2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

In this Act, unless there is anything repugnant in the subject or context; (a) "Carrier" means any vehicle or receptacle hung or suspended from, or hauled by a rope and used for the carriage of passengers, animals or goods or for any other purpose in connection with the working of a ropeway, (b) "Chief ropeway Inspector" and "District ropeway Inspector" mean the persons appointed under this Act respectively to be the Chief Inspector of Ropeways for the State and the Inspector of Ropeways for a District; (c) "Circle", in relation to a local authority, means the area within the control of that local authority; (d) "Deputy Commissioner" means the Deputy Commissioner as defined in the Karnataka Land Revenue Act, 1964 (Karnataka Act No. 12 of 1964) and shall include an officer, not below the rank of Assistant Commissioner as defined in the aforesaid Act, appointed by the State Government to perform the functions of a Deputy Commissioner under this Act; (e) "Government" means the State Government of Karnataka; (f) "Licence" means a licence authorising the construction of a ropeway under this Act and includes a licence authorising the continuance of the working of a ropeway existing immediately before the commencement of this Act as also any licence substituted for, or amending or extending any such licence; (g) "Local authority" means an institution of self- government established by or under an Act of the State Legislature, whether for a rural or an urban area, and includes any other authority legally entitled to, or entrusted by the government with, the control or management of a municipal or local fund; (h) "Post" means a post, trestle, standard, strut, stay or other contrivance or part of a contrivance for carrying. Suspending or supporting a rope, (i) "Prescribed" means prescribed by rules made under this Act; (j) "Promoter" means and includes; (i) The State Government; (ii) A local authority; (iii) Any person; (iv) Any body corporate firm or any society registered under the provisions of any Law for the time being in force; to whom a licence has been granted under section 11 or under sub-section (2) of section 6 or on whom the rights and liabilities conferred and imposed on the promoter by this Act, as to the construction, maintenance and use of working of a ropeway, have devolved. (k) "Public ropeway" means a ropeway used for public carriage of passengers, animals or goods or any of them. (1) "Rate" includes any fare, charge or other payment for the carriage of passengers, animals or goods; (m) "Rope" includes any cable, wire, rail or way, whether flexible or rigid, used for suspending; carrying or hauling a carrier; (n) "Ropeway" means a ropeway used for public or private carriage of passengers, animals or goods or any of them and includes posts, ropes, carriers, stations, offices. warehouses, workshops, machinery and, where the wheels of carriers are made to run on the rails laid on the surface of the earth, such rails as well as any such other works as are used for the purposes of, or in connection with, such ropeway and all appurtenant thereto; (o) "State" means the State of Karnataka; and (p) "Undertaking" means all movable and immovable property of the promoter suitable to and used by him for the purposes of a ropeway.

(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.

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.