Chapter II Chapter II

Establishment and Constitution of Meghalaya Ropeway Development Authority

1. (1) The State Government shall for the purpose of this Act establish and constitute, by notification in the Official Gazette, under Department of Tourism of the State Government, an authority called ‘Meghalaya Ropeway Development Authority’, which shall be the State nodal agency for development of ropeways with jurisdiction over Ropeway Development Area, either on its own or under PPP or through any Promoter.
2. (2) With a view to ensure the success of the ropeway developmental process, the Authority, in discussion with the stakeholders, at the developmental planning stage would facilitate the formulation of a Vision Paper, in consultation with the Local Authority.

1. (1) The State Government may, by notification in the Official Gazette, declare an area with specified limits covered by the ropeway alignment, stations and any other area contiguous to such area meant for tourism purposes, to be the Ropeway Development Area.
2. (2) The State Government may, if it thinks fit, by notification in the Official Gazette, enlarge, curtail, or modify the Ropeway Development Area or any part thereof.

The Meghalaya Ropeway Development Authority shall be a body corporate by the name aforesaid, having perpetual succession and a common seal with power to acquire, hold, manage and dispose off moveable and immovable property and to contract and may sue or be sued by its corporate name.

1. (1) The Authority shall consist of a Chairperson, not below the rank of Secretary to the Government of Meghalaya and such other members as the State Government may determine and notify from time to time.
2. (2) The Authority shall have a ‘Technical Cell’ to be headed by a person not below the rank of Chief Engineer, for handling all technical matters related to the development, operations and maintenance of the ropeway projects.
3. (3) The Authority may also appoint other subordinate officers with such designations and assign to them such powers, duties and functions as may be necessary for carrying out the purposes of this Act.

1. (1) Subject to the provisions of this Act and the rules made thereunder and any direction which the State Government may give from time to time, the Meghalaya Ropeway Development Authority shall be in charge of planning, coordinating, promoting, securing the development, safe operations and maintenance of ropeways and the associated Ropeway Development Area activities.
2. (2) All Ropeway Development Area activities shall be carried out in accordance with the provisions of the respective Applicable Law as may be in force in the State, from time to time.
3. (3) Without prejudice to the generality of the functions specified in sub-section (1), the Meghalaya Ropeway Development Authority shall have the following powers and functions:—
   • (a) to carry out or cause to be carried out surveys of the Ropeway Development Area and to prepare reports of such surveys;
   • (b) to prepare, enforce and execute the Ropeway Development Area plan;
   • (c) to prepare and execute Public Private Partnership
   • (PPP) mode of development of ropeways;
   • (d) to co-ordinate development activities of all departments and agencies of the State Government or other authorities operating within the Ropeway Development Area;
   • (e) to carry out or cause to be carried out such works as are contemplated in the Ropeway Development Area plan;
   • (f) to acquire, hold and manage such property, both movable and immovable, as the Meghalaya Ropeway Development Authority may deem necessary for the purposes of any of its activities and to lease, sell or otherwise transfer any property held by it;
   • (g) to purchase any land and to erect thereon such buildings or structures and to carry out such operations as may be necessary for the purpose of carrying on its undertakings;
   • (h) to enter into or perform such contracts as may be necessary for the performance of its duties and for exercise of its powers under this Act;
     • (i) to perform any other function which is supplemental, incidental or consequential to any of the functions aforesaid or which may be prescribed by the State Government from time to time.

The Meghalaya Ropeway Development Authority shall be governed by the transaction of business rules including procedure for conduct of its meetings, as may be prescribed.

1. (1) Notwithstanding anything contained in any other law for the time being in force, the Meghalaya Ropeway Development Authority may give such directions with regards to the implementation, operation and maintenance of any ropeway and Ropeway Area Development project, as it may deem fit.
2. (2) The Meghalaya Ropeway Development Authority shall so exercise the powers of supervision referred to under this Act as may be necessary to ensure that each ropeway and Ropeway Development Area project is executed in the interest of the overall development of the Ropeway Development Area and in accordance with the approved plan for the Ropeway Development Area.

1. (1) Where the Meghalaya Ropeway Development Authority is satisfied that any direction given by it under sub-section
2. (1) of Section 9 with regards to any ropeway and Ropeway Development Area project has not been carried out by such Promoter or any other entity referred to therein or they are unable to fully implement any scheme undertaken by them for the development of any part of the Ropeway Development Area, the Meghalaya Ropeway Development Authority may itself undertake the works and incur any expenditure for the execution of such development project, as the case may be, with the approval of State Government.
3. (2) The Meghalaya Ropeway Development Authority may undertake any works or schemes in the Ropeway Development Area.

Fund of the Meghalaya Ropeway Development Authority

1. (1) The Meghalaya Ropeway Development Authority shall have and maintain its own fund to which shall be credited:-
   • (a) all money received by the Authority from the State Government by way of grants, loans, advances or otherwise;
   • (b) all development charges or other fees received by the Authority under this Act or rules or bye-laws made thereunder; and
   • (c) all money received by the Authority from any other sources.
2. (2) The Authority may, in any nationalised or other banks approved by the State Government in this behalf, open any number of accounts and keep such portions of each fund as may be prescribed; and any money in excess of the said sum shall be invested in such manner as may be approved by the State Government.

The State Government may make such grants, advances, and loans to the Authority as it may deem necessary for the performance of the functions under this Act and all such grants, advances and loans made shall be utilized on such terms and conditions as the State Government may determine.

The Authority may, from time to time, borrow by way of loans from such sources or issue debentures at such rate of interest and for such period and upon terms, as the State Government may approve.

The receipt of the Authority under this Act shall form a separate development fund and all expenditure under this Act or any development scheme thereunder, shall be defrayed out of such fund.

Sinking Fund

1. (1) The Authority shall maintain a Sinking Fund for the repayment of money borrowed or floated or issuing debentures by it.
2. (2) The money paid into the Sinking Fund shall be invested in such a manner and in such securities as may be prescribed by the State Government.
3. (3) The Sinking Fund or any part thereof shall be applied as per rules in or towards the discharge of the loan or part thereof for which such fund is created and until such loan or part thereof is wholly discharged, the money standing to the credit of the fund shall be applied for no other purpose.

The Authority shall prepare every year in such form as provided, the budget of the Authority in respect of the next financial year showing the estimated receipt and expenditure under revenue head and capital head separately, and submit it to the State Government.

1. (1) The Authority shall maintain proper accounts, other relevant records and prepare annual statement of accounts including the balance-sheet in such form as may be approved by the State Government.
2. (2) The accounts of the Authority shall be subject to an annual audit, the report of which will be placed before the State Legislature.

As soon as may be after the close of a year, the Authority shall prepare an annual report of each activity during the preceding year and submit it to the State Government in such form on or before such date as may be prescribed by the State Government.

1. (1) No act done or proceeding taken under this Act shall be questioned on the ground merely of :-
   • (a) The existence of any vacancy, initial or subsequent, or any defect in the constitution of the Meghalaya Ropeway Development Authority;
   • (b) Any person having ceased to be a member;
   • (c) The failure to serve a notice on any person, where no substantial injustice has resulted from such failure; or
   • (d) Any omission, defect or irregularity not affecting the merit of the case.
2. (2) Every meeting of the Authority shall be presumed to have been duly convened and to be free from all defects and irregularities.

Save as otherwise expressly provided in this Act, every order passed or direction issued by the Authority shall be final and shall not be questioned in any suit or other legal proceeding.

The Authority may, by resolution, direct that any power exercisable by it under this Act or rules or bye-laws made, may also be exercised by any agency of the State Government or any officers with the previous consent of the State Government.