Chapter IV PRIVATE AERIAL ROPEWAYS FOR CERTAIN PURPOSES

1. (1) Where the State Government is satisfied that the construction, extension, working or management of an aerial ropeway for private traffic is likely to prove useful to the public by reason of its facilitating the transport of commodities, in general use or is required for the conservation or supply of such commodities and where the intending promoter of such ropeway is desirous of obtaining any land for the purpose of such construction, extension, working or management, the State Government may, on the application of such promoter, acquire on his behalf such land under the provisions of any enactment for the time being in force for the acquisition of land for public purposes or procure the temporary occupation of the same under the provisions of Part VI of the Land Acquisition Act, 1894 (I of 1894), whether the said intending promoter is or is not a company as defined in that Act.
2. (2) The State Government shall, by notification in the Official Gazette, declare the commodities which shall be deemed to be commodities in general use for the purposes of sub-section (1). Explanation.-. For the purposes of this Act, if a promoter is not a company within the meaning of the Indian Companies Act, 1913 (VII of 1913), or a local authority, such promoter shall be deemed to be a company and the provisions of Part VII of the Land Acquisition Act, 1894 (I of 1894), shall mutatis mutandis apply to the acquisition of immovable property on his behalf.

1. (1) No order shall be made by the State Government under sub-section (1) of section 30 until an inquiry has been held as hereinafter provided and the intending promoter has entered into an agreement with the State Government in respect of the matters mentioned in sub-section (4).
2. (2) Such inquiry shall be held by such officer and at such time and place as the State Government shall appoint.
3. (3) Such officer may summon and enforce the attendance of witnesses and compel the production of documents by the same means and, as far as possible in the same manner as is provided by the Code of Civil Procedure, 1908 (V of 1908), in the case of civil court.
4. (4) Such officer shall report to the State Government the result of the inquiry, and if the State Government is satisfied that the aerial ropeway is or is likely to be useful to the public, it shall, subject to the rules, require the intending promoter to enter into an agreement with the State Government providing to the satisfaction of the State Government for the following matters, namely:-
   • (a) the terms on which the aerial ropeway shall be held by the promoter;
   • (b) the time within which, and the conditions on which, the aerial ropeway shall be constructed, maintained and used.
5. (5) Every such agreement shall, as soon as may be after its execution, be published in the Official Gazette.

If land is to be occupied temporarily in accordance with the provisions of sub-section (1) of section 30 on behalf of the promoter of an aerial ropeway for private traffic, and if the State Government, on the application of the promoter, so directs, then the provisions of Part VI of the Land Acquisition Act, 1894 (I of 1894), shall apply to such occupation, subject to the provisions that, notwithstanding anything contained in section 36 of the Land Acquisition Act, 1894 (I of 1894), the occupation and use by the promoter of the land occupied shall continue for such period, not exceeding ten years, as the State Government may fix, and that the compensation payable to the persons interested in such land shall be fixed with due regard to any additional loss or inconvenience caused to them by reason of such period of occupation, including loss caused by the interruption of the getting of minerals by reason of such occupation.