Chapter VII Chapter VII

Construction and Maintenance of Ropeway

1. (1) A District Level ‘Project Committee’ shall be constituted under the chairmanship of the concerned Deputy Commissioner where the Ropeway Project is being developed. The Project Committee may have representation from concerned State Government departments including Tourism, Forest and Environment, Transport and Public Works.

Functions of the Project Committee With regards to the ropeway projects being implemented by the State Government or any of its departments or agency or by any entity or person selected by or on behalf of the State Government, in case a ropeway project is being implemented on PPP basis, the committee shall discharge following functions, or as may be prescribed by the State Government:-

1. (a) to assist in forest land diversion and clearance process;
2. (b) to assist in land acquisition, procurement and land registration;
3. (c) to assist in procuring clearance from State Pollution Control Board;
4. (d) to assist in getting supply of electricity and water to the ropeway projects;
5. (e) to assist in the diversion of transmission lines, electric poles, pipelines, etc. falling along the route alignment;
6. (f) to assist in resolution of relocation and rehabilitation issues, if any, involved in the project;
7. (g) to act as a single window for providing district level clearances to the Promoter;
8. (h) to review the progress on the ropeway projects on bi-monthly basis; and
   • (i) any other activity as decided by the Authority or State Government.

1. (1) Subject to the provisions of this Act, the Rules made thereunder, and in the case of immovable property not belonging to the Promoter, to the provisions 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 posts in, on or upon 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;
   • (e) erect and construct such machinery, offices, stations, warehouses, and other buildings, works and conveniences as may be necessary; and
   • (f) do all other acts necessary for constructing, maintaining, altering, repairing and using a ropeway. (2) Provided that a Promoter may take any action under clause
   • (b) or clause
   • (c) of the above sub-section, notwithstanding the objection of the owner or occupier of the property affected thereby if the Deputy Commissioner, after giving such owner and occupier by notice in writing, an opportunity of being heard, by an order in writing, permits such action.
2. (3) When making an order under sub-section (2), the Deputy Commissioner shall fix the amount of compensation or of an annual rent or of both, which should, in his opinion, be paid by the Promoter to the owner of the property affected thereby or in the case of immovable property, to the owner or occupier thereof and the amount to be paid to each.
3. (4) The order so made shall also fix the date by which, such amount of compensation or of the annual rent, shall be paid and the actual payment of such amount of compensation or of the first annual rent shall be a condition precedent for execution of any works referred to in sub-section (1).

1. (1) The Promoter may, at any time for the purpose of examining or repairing a ropeway, or of 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. (2) In the exercise of the powers conferred by sub-section (1), the Promoter or his duly authorised employee 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. (1) When any tree standing or lying near a 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 30, 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 providing a reasonable opportunity of being heard to the person 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 herb, shrub, hedge, jungle growth or other plant.
2. (2) When disposing off an application under, sub-section (1), the Deputy Commissioner shall award to the person affected such compensation as he deems reasonable and he may recover such amount from the Promoter.