Chapter V OFFENCES, PENALTIES AND ARREST

1. (1) If any person constructs, opens, maintains or works any aerial ropeway, in contravention of the provisions of section 5, or
2. (2) if any promoter of an aerial ropeway for public traffic-
   • (a) constructs or maintains an aerial ropeway otherwise than in accordance with the provisions of an order made under section 10, or
   • (b) fails to comply with the provisions of section 13, or
   • (c) opens an aerial ropeway or permits it to be opened in contravention of any of the provisions of section 14, or
   • (d) fails to pay within a reasonable time any compensation awarded under section 15, 16, 17 or 29, or
   • (e) contravenes any of the provisions of section 19, or
   • (f) fails to send notice of any accident as required by section 20, or or
   • (g) fails to close an aerial ropeway in accordance with an order passed under sub-section (1) of section 21, or re-opens any aerial ropeway in contravention of sub-section (2) of that section, or
   • (h) continues to exercise the powers of a promoter in respect of any aerial ropeway, in contravention of the provisions of section 22 or section 26, or
     • (i) fails to comply with the provisions of section 38, or
   • (j) contravenes any of the provisions of section 39; or
   • (k) contravenes the provisions of any rule made under section 45,such person or the promoter, as the case may be, 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, on conviction, be punished with fine which may extend to two hundred rupees and, in the case of a continuing offence, to a further fine which may extend in the case of an offence specified in sub-clause (d), (e), (f), (i), (j) or (k) of clause (2) to fifty rupees, and in the case of an offence specified in clause (1) or sub-clause (a), (b), (c), (g) or (h)) of clause (2) to one thousand rupees for every day after the first conviction during which the offence continues to be committed.

If any person without lawful excuse, the burden of proving which shall be upon him, wilfully obstructs any person acting under the authority of the promoter in the lawful exercise of his powers in constructing, maintaining, altering, repairing, using or working an aerial ropeway, or destroys any mark made for the purpose of setting out the line or route of such ropeway, he shall, on conviction, be punished with fine which may extend to two hundred rupees.

If any person without lawful excuse, the burden of proving which shall be upon him, wilfully does any of the following things, namely :-

1. (a) interferes with, removes or alters any part of an aerial ropeway or of the works connected therewith,
2. (b) does anything in such a manner as to obstruct any carrier travelling on an aerial ropeway, (c)attempts to do or abets within the meaning of the Indian Penal Code (XLV of 1860), the doing of anything mentioned in clause (a) or clause (b). he shall, without prejudice to any other remedy which may be obtained against him in a Court, on conviction, be punished with fine which may extend to two hundred rupees.

If any person does anything mentioned in clause (a), (b) or (c) of section 35 or does, attempts to do, or abets, within the meaning of the Indian Penal Code (XLV of 1860), the doing of any other act or thing in relation to an aerial ropeway with intent or with knowledge that he is likely to endanger the safety of any person travelling or being upon the aerial ropeway, he shall, on conviction, be punished with imprisonment for a term which may extend to fourteen years.

1. (1) If any person commits any offence punishable under section 35 or 36 a such person may be arrested without warrant or other written authority by any servant of the promoter or by any police officer or by any other person whom such servant or officer may call to his aid.
2. (2) Where any such servant or any other person arrests any person under sub-section (1), he shall make over the person so arrested to a police officer or in the absence of a police officer take such person or cause him to be taken in custody to the nearest police station.
3. (3) No person arrested under sub-section (1) shall be detained in custody for a longer period than under all the circumstances of the case is reasonable and such period shall not, in the absence of a special order of a Magistrate exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrates Court.