Chapter XIV Chapter XIV

Delegation of Powers and Making of Rules by State Government

1. (1) The State Government may, make rules for carrying out the purposes of this Act.
2. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may prescribe :-
   • (a) the functions and powers that may be delegated to the Authority or to any officer of the Authority;
   • (b) the qualifications and disqualifications for being chosen or/and for being member of the Authority;
   • (c) the terms of office and conditions of service of the members of the Authority;
   • (d) the matters in which and the purpose for which the Authority may associate with itself any person under the provisions of this Act;
   • (e) the control and restrictions in relation to the appointment of officers and other employees of the Authority;
   • (f) creation and administration of Fund of the Authority for the purpose of implementing the provisions of this Act;
   • (g) the form of the budget and the date on or before which it shall be prepared and to be submitted to the State Government;
   • (h) the procedure for the levy of development charges and exemption from it on any development or change of use of any land;
     • (i) the power and duties of the Chief Ropeways Inspector and the Project Inspector appointed under section 23;
   • (j) the accidents of which notice shall be given to the Licensing Authority and to the Project Inspector;
   • (k) the maximum rates for passengers on the ropeway;
     • (I) the duties of the Promoter, Promoter's employees and of police officers, and magistrate on the occurrence of an accident;
   • (m) the standard dimensions and specifications to which the ropeway is to conform;
   • (n) the safe and efficient working of ropeway;
   • (o) the conditions under which, and the manner in which, the powers conferred on Promoters may be exercised;
   • (p) the procedure for the disposal of application under sub-section
3. (2) of section 44 to re-open any ropeway or part thereof and the conditions under which such ropeway may be re-opened;
   • (q) the fees to be charged to Promoters and other persons in respect of licences, application, enquiries, inspection, and services rendered under this Act;
   • (r) provisions for fire aid and other amenities; the manner in which notice under this Act shall be served;
   • (t) the procedure of filing, hearing and deciding objections and appeals under this Act and all matters connected therewith; and
   • (u) any other matter which is to be or may be prescribed under this Act or decided by the State Government.
4. (3) All rules made under this section shall be published in the Official Gazette.
5. (4) Every rule made under this Act shall be laid, as soon as may be after it is made, before the State Legislature.

If any difficulty arises in giving effect to the provisions of the Act, the State Government may, by order, do anything expedient for the purpose of removing the difficulties, provided that it is not inconsistent with the Act.

Power of the State Government to award projects The State Government may, if it deems fit, enter into an agreement with an entity or persons for implementing and operating a ropeway project within the State on PPP basis, provided that, the process for selection of such an entity or person shall be such as stipulated under the Applicable Law.