The Meghalaya Ropeway Act, 2022
Chapter VIII Chapter VIII
Chapter VIII Chapter VIII
39. Fixation of fare rates by the Promoter
Working of Ropeway
The Promoter shall for the purposes of operation of a ropeway and subject to such maximum rates as may be prescribed by the Licensing Authority, have power, from time to time, to fix the rates for the carriage of passengers on the ropeway.
Chapter VIII Chapter VIII
40. Fixation of fare rates of Ropeway Projects built under Public Private Patnership
The State Government, on the recommendations of the Meghalaya Ropeway Development Authority or Expert Committee, shall fix and notify the maximum limit of the fare rates for the Ropeway Projects under PPP.
Chapter VIII Chapter VIII
41. Insurance against the third party risk
- (1) The Promoter of such ropeway shall obtain a policy of insurance with respect to the ropeway from an authorised insurer recognised under the relevant insurance law.
- (2) The policy of insurance obtained by the Promoter under sub section
- (1) shall cover the insurance of the persons travelling in the ropeway including those persons employed by the Promoter in connection with the operations of such ropeway against any liability which may be incurred by him in respect of the death of or bodily injury to any person including of the goods or his authorised representatives carried in the ropeway or damage to any property of third party by, or arising out, of the use of ropeway. (3) Provided that the State Government shall not be liable for any claim on account of any accident or mishap in such Ropeway Projects.
Chapter VIII Chapter VIII
42. Liability to pay compensation on the principles of no fault
- (1) Where death or permanent disablement of any person has resulted from an accident arising out of the use of ropeway, the Promoter or Promoters of the ropeway shall jointly and severally, be liable to pay compensation in respect of such death or disablement of any person.
- (2) The amount of compensation for death or permanent disablement of persons or in the case of minor injury, to be paid under sub-section
- (1) shall be such sum as may be prescribed by the Government.
- (3) The right to claim compensation under this section in respect of death or permanent disablement of any person shall be in addition to the right of any such person to claim compensation in respect thereof under any other law for the time being in force.
Chapter VIII Chapter VIII
43. Provided that the amount of compensation payable under any other law, for the death or bodily injury shall be reduced from the amount of compensation payable under this section.
Reporting of Accidents When any accident occurs in the course of operations of a ropeway, the Promoter shall, with the least possible delay, send notice of the accident to:-
- (a) the State Government;
- (b) the Meghalaya Ropeway Development Authority;
- (c) the Licensing Authority and to Project Inspector;
- (d) the Deputy Commissioner of the District;
- (e) the police station within the local limits of which the accident has occurred or to such other magistrate and police officer as the State Government may appoint in this behalf and shall also, if the accident is attended with loss of human life or serious physical injury to any human being, send information to the nearest medical facility.
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44. Power to close and reopen Ropeway
- (1) If after inspecting any ropeway opened to traffic, the Chief Ropeways Inspector is of the opinion that the ropeway or any specified part thereof cannot be used without danger to the public or is no longer in a fit state for the carriage of any specified class of traffic, it shall state that opinion, together with the grounds thereof to the Licensing Authority and the Licensing Authority, after such further enquiry if any, as it 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 of traffic: Provided that in any case of extreme urgency, the Chief Ropeways Inspector may order the suspension of the working of the ropeway or any part thereof which it considers necessary, pending the order of the Licensing Authority. The Chief Ropeways 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 prescribed manner.
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45. Rescue Operations
If the State Government incurs any expenditure during any rescue operation, the Promoter shall be liable to pay the expenditure incurred by the State Government and in case the Promoter fails to pay the whole or part of it, it shall be recoverable as arrears of land revenue.
PDF: pending for this language.