Chapter XV Chapter XV

Offences, Penalties and Arrests

If a Promoter,

1. (a) constructs or opens or operates or maintains a ropeway other than in accordance with the terms of a licence granted under section 30; or
2. (b) contravenes any of the provisions of this Act or the provisions of any rule made under section 56; or
3. (c) fails to pay within a reasonable time any compensation awarded by a Deputy Commissioner or by the State Government under the provisions of this Act; he shall be punishable with fine which may extend to Rupees Five Lakhs and in case of a continuing offence to a further fine which may extend to Ten thousand rupees for every day after the date of the first conviction during which the offender is proved to have persisted in the offence.

If any person, wilfully obstructs any person acting under the authority of the Promoter in the lawful exercise of his powers in constructing, maintaining, altering, repairing, or working of Ropeway or injures or destroys any mark made for the purpose of setting out the line or route of such Ropeway, he shall be punished with fine which may extend to Rupees One lakh.

If any person willfully does any of the following things, namely : -

1. (a) interferes with, removes or alters any part of a ropeway or of the works connected therewith;
2. (b) does anything in such manner as to obstruct any carrier travelling on a ropeway or obstructs the working of a ropeway;
3. (c) attempts to do or abets within the meaning of the Indian Penal Code, 1860 (Central Act 45 of 1860) the doing of anything mentioned in clause
4. (a) or clause (b); he shall be liable to be punished with imprisonment for a term which may extend to six months, or with fine, which may extend to Rupees Five lakhs or with both;

Maliciously doing, abetting or attempting to do acts endangering safety of persons travelling or being upon Ropeway

1. (1) If any person does anything mentioned under clauses (a)
   • (b) or
   • (c) of section 61 or does, attempts to do, or abets within the meaning of Indian Penal Code 1860, the doing of any other act or thing in relation to a Ropeway with intent or with knowledge that he is likely to endanger the safety of any person traveling or being upon the Ropeway, he shall be punished with imprisonment for a term of upto seven years.
2. (2) If the Promoter does anything or omits to do anything, mentioned in section 59, in relation to a ropeway with intent or with knowledge that such act or omission is likely to endanger the safety of any person travelling or being upon the ropeway, he shall be punished with imprisonment for a term which shall not be less than one month but may extend to five years.

1. (1) Any police officer may, without an order from a Magistrate and without a warrant, arrest any person who has been concerned in an offence punishable under section 61 or 62 of this Act or against whom a reasonable suspicion exists of his having been so concerned.
2. (2) A person so arrested shall be produced before a Magistrate having authority to try him or to commit him for trial within the timelines stipulated in this behalf under the Code of Criminal Procedure, 1973.

Notwithstanding anything contained in the Code of Criminal Procedure, 1973 an offence under this Act shall not be cognizable.