Vidhi Codex

section 36

Authority of the Promoter to execute works

The Meghalaya Ropeway Act, 2022
General202265 sections16 chapters
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Chapter VII Chapter VII

Statutory text
  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).

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