Vidhi Codex

section 6

Publication of proposed order authorizing construction and contents of such order

The Sikkim Aerial Ropeways Act, 2023
General202341 sections
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Statutory text
  1. (1) The State Government may, on application made by any promoter and after due consideration of the details supplied in accordance with section 5, publish in the Official Gazette a draft of the proposed order authorizing the construction of an aerial ropeway within any specified area or along any specified route by or on behalf of such promoter, subject to such restrictions and conditions as the State Government may deem proper.
  2. (2) A notice shall be published with the draft stating that any objection or suggestion which any person may desire to make with respect to the proposed order shall, if submitted to the State Government on or before a date to be specified in the notice, be received and considered.
  3. (3) The State Government shall cause public notice of the intention to make the order to be given at convenient places within the said area, or along the said route and shall, so far as may be conveniently possible, cause a like notice to be served on every owner or occupier of land over which such route lies, and shall consider any objection or suggestion with respect to the proposed order which may be received from any person within a date to be specified in such notice.
  4. (4) The proposed order may specify: --
    • (a) a time within which the capital required for the construction of the aerial ropeway shall be raised;
    • (b) a time within which the construction shall be commenced;
    • (c) a time within which the construction shall be completed;
    • (d) the condition under which a concession, guarantee, or financial assistance may be given by the State Government or a local authority to the promoter;
    • (e) the right of purchase by the State Government or a local authority;
    • (f) the rules regarding audit and accounts;
    • (g) the rules regarding arbitration for the settlement of disputes;
    • (h) the specifications relating to the structural designs, quality of material, factors of safety, method of computing stresses and other such technical details as may be considered necessary;
      • (i) the rules relating to the construction of the aerial ropeway over roads and other public ways of communication, except railways with the previous sanction of the Central Government, over such railways;
    • (j) the conditions under which the promoter may sell or transfer his rights to the State Government, or to a local authority or to a person;
    • (k) the conditions under which the aerial ropeway may be taken over by the State Government to be worked by itself or by a local authority or by a person other than the promoter;
    • (l) the motive power to be used on the aerial ropeway and the conditions, if any, on which such power may be used;
    • (m) the minimum headway to be maintained under different parts of the rope;
    • (n) the points under the aerial ropeway at which bridges or guards shall be constructed and maintained;
    • (o) the traffic which may be carried on the ropeway, the traffic which the promoter shall be bound to carry and the traffic which may be refused to be carried;
    • (p) the maximum and minimum rates that may be charged by the promoter, and the circumstances in which, and the manner in which, these rates may be revised by the State Government;
    • (q) the amount of security, if any, to be deposited by the promoter in the event of his application being granted; and
    • (r) such other matters as the State Government may deem necessary.

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