Power of State Government and its departments and agencies to purchase ropeways

(1)Where the promoter is the State Government, the State Government may at any time transfer the undertaking or any part thereof to- (a) its departments and or agencies under terms and conditions approved by, and with the consent of, such departments or agencies; or (b) to any other person selected in accordance with the Applicable Law, under such terms and conditions as may be mutually agreed upon between the State Government and the transferee. (2) Where the promoter is not the State Government or its agency or department, the State Government may in its sole discretion (a) within such limits of time and upon such terms and conditions as specified in this behalf in the license, or (b) within two months after the publication of a notification under section 23 or within six-months after the publication of a notification under section 27, By a notice in writing, require the promoter to sell to the State Government or to any of its department or agency the ropeway or a part thereof, and thereupon the promoter shall sell the same upon the terms specified in the license, or if the terms were not specified in the license, then upon such terms as may be prescribed in this regard. (3) A requisition shall not be made under sub-section (2) requiring the promoter to sell to any department or agency of the State Government, unless such requisition has been approved by the concerned department or agency. (4) When a sale has been made under this section, all the rights, powers and authorities of the promoter in respect of the (4) [The] undertaking or part thereof sold, or, where a notification has been published under section 23 or section 27, all the rights, powers and authorities of the promoter previous to the publication of the notification in respect of the undertaking or part thereof sold, shall be transferred to the authorities to whom the undertaking or part has been sold, and shall vest in, and may be exercised by, that authority in the same manner as if the ropeway had been constructed by it under a license granted under this Act. (5) Subject to, and in accordance with the preceding provisions of this section, two or more government departments and or agencies may jointly purchase an undertaking or so much thereof as is within their jurisdiction. (6) Where a purchase has been effected under sub-section (1) or sub-section (5),- (a) the undertaking shall vest in the purchaser free from any debts, mortgages or similar obligations of the promoter or attaching to the undertaking: (b) save as aforesaid, the license granted under section 10 shall remain in full force and the purchaser shall be deemed to be the promoter: Provided that where the State Government elects to purchase, the licence granted under section 10 shall, after purchase, in so far as the State Government is concerned, cease to have any further operation. (7) Not less than two years' notice in writing of any election to purchase under clause (a) or clause (b) of sub-section (2) of this section shall be served upon the promoter by the State Government or the local authority, as the case may be. (8) Notwithstanding anything hereinbefore contained, a department/ agency may, with the previous sanction of the State Government, waive its option to purchase and enter into an agreement with the promoter for the working by him of the undertaking until the expiration of the next subsequent period mentioned in the order or referred to in clause (b) of sub-section (2), upon such terms and conditions as may be stated in the agreement.