THE PUNJAB AERIAL ROPEWAYS ACT, 1926

1926.: Pb. Act-V:] .AERIAL ROPEWAYS $3 | aie THE PUNJAB AERIAL ROPEWAYS ACT, 1926. - CONTENTS Sections. _1. Short title and extent. 2. Definitions. PROCEDURE AND PRELIMINARY INVESTIGATIONS. . .3. Application for concession. 4. Contents of application. 5. Preliminary investigations. ORDERS AUTHORIZING THE CONSTRUCTION OF AERIAL ROPEWAYS 6. Publication of proposed orders authorising construc- tion and contents of such orders. 7. Final order. 8. Cessation of powers given by an order. 9. Further order. INSPECTION OF AERIAL ROPEWAYS 10. Inspection of aerial ropeways before opening. 11. Appointment of Inspectors. 12, Powers of Inspector. 13. Facilities to be afforded to Inspector. CONSTRUCTION AND MAINTENCE OF AERIAL ROPEWAYS. ry works. 14. Authority of promoter to execute all necessa on land for repairing or preventing 15. Temporary entry up accident. Removal of obstructions. revision by Central 16. 17. Orders of Collector subject to Government. WoRKING OF AERIAL ROPEWAYS. oter may fix rates. . 18. muy of promoter to work aerial ropeway without partiality. ' dent ; ing of accidents. o> Bear and reopen aerial ropeways. 21. Power to close ERIAL ROPEWAYS. DISCONTINUATION OF A discontinuance of Cessation of powers of promoter on 23. aerial ropeway. ) rope. 23 Power of Central Government to remove aeria] rop ~ ’s powe;rs. promotors P way on cessation of 832 Sections 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. AERIAL ROPEWAYS (1926 : Ph, Act PURCHASE or AFRIAL Roreways, Power of Central Government and local authorities purchase aerial ropeways. to Power of promoter to sell when option to purcha exercised and order revoked by consent, me INABILITY OR INSOLVENCY OF PRomoters, Proceedings in case of inability or insolvency of pro. moter, BYE-LAWS, Power of promoter to make bye-laws, - SUPPLEMENTARY PROVISIONS. Returns. Protection of roads, railways, tramways: and water. ways. Acquisition of land on behalf of & promoter, Notification of claims to refunds of overcharges and to compensation for losses. RULES BY THE CENTRAL GOVERNMENT, Power of Central Government to make rules. OFFENCES, PENALTIES AND ARREST. Failure of promoter to comply with Act. Unlawfully obstructing promoter’s servant in discharge of his duty, Unlawfully interfering with aerial ropeway. Punishment for acts or attempts tending to endanger safety of persons travelling or being upon aerial ropeways. Arrest for offences against certain sections and pre cedure thereupon. {926 : Pb. Act V.). AERIAL ROPEWays 833 THE PUNJAB AERTAL ROPEWAYS ACT, 192 PunsaB Act V or 1926. ‘ oe es assent of the Governor of the Punjab on the rh ig Jae 1926, and that of the Governor-General on ; : nd May 1926, and was first published in the Pun- jab Gazette Extraordinary of the 18th May, 1926.] 1 2 3 4 — = — Year, No. Short title Whether repealed or othcrwise affected by legislaticn — 1926} V | The Punjab Acrial Amended by Government of Ropeways Act, 1926 | India (Adaptation of Indian Laws) Order, 1937 Amended by the Indian Independetice Adaptaticn cf Bengal and Punjab cts) Order, 1948 (G.G.O. 40). Amcnied by Adaptation of Laws Order, 1950 Amen ted by the Adaptation of Laws (Third Amendment) Order of 1951. Ext nddto the territorics, which immediatly before the [st November, 195%, were comprised in the State of Patiala and East Punjab States Union by Pun‘ab Act, 18 of 19.2 . Amended by the Punjab Reorganisation (Chandigarh) (Adaptation of Laws on oe and Concurrcnt Subjects) Oider, 8. An Act to authorise, facilitate, and regulate the construction and working of aerial ropeways in *[Punjabl. WuerEas it is expedient to authorize, facilitate, and regulate the construction and working of aerial ropeways Preamble. in *{Punjab] and whereas the previous sanction of the Gov- ernor-General to the passing of this Act has been obtain- ed, It is hereby enacted as follows:— 1. (1) This Act may be called the Punjab Aerial Short title and Ropeways Act, 1926. extent, (2) It extends to ‘(Union territory of Chandigarh]. 1For Statement of Objects and Reasons, see Punjab Gazette, 1928, Fart V, peges 358—360, for Select Committee’s Report, see ibid, 1936, Pert V, pages 62—79, and for Proceedings in Council, see Punjab Legis- lative Council Debates, Volume VIII-B, page 1831 and Volume IX-A, pages 705 and 846. “See Punjab Gazette, Extraordinary, 1926, pages 27—34, 3Substituted for the words “Eas. Punjab” by the Adaptation of a cas ag Cra ps 5 Punj 4Substituted for the word_“Punjab” by the Punjab Reorganisat (Chandigarh) (Adaptation of Laws on State and Concurrent Subjects) Order, 1068, Definitions. Con » Reorganisation (Chandigarh) (Adaptation of Laws ‘on State and . 934 AERIAL ROPEWAYS [1926 ; Pb. Act v 2. In this Act unless there is any thing Tepugnant in the subject or context— (1) “Aerial Ropeway” means an aerial ropey (or any portion thereof ) for the public carriag” of passengers, animals or goods, and includes all ropes, posts, carriers, stations, offices, Ware. houses, workshops, machinery and Other wor used for the purposes of, or in connection With and all land appurtenant to, such aerial rope. Way; | (2) “Carrier” means any vehicle or y; €ceptac] hung or suspended from, or hauled b fone ; y,a Tope and used for the carriage of Passengers, animals, or goods or for any other purpose in connection With the working of an aerial ropeway ; (3) “Circle” in relation to’a loca] authority means the area within the control of that authority - (4) “Inspector” means an Inspector of aerial rope- Ways appointed: under this Act | (5) “Order” means an order authorizing the con. struction of an aerial] ropeway under this Act, and includes a further order substituted for, or amending, extending or revoking that order : (6) “Post” means a post, trestle, standard, strut, stay, or other contrivance or part of a contri- vance for carrying, suspending or supporting a rope ; | (7) “Prescribed” means prescribed by rules made by the ‘[Central Government] under section 32 ; . (8) “Promoter” means— (t) the [Central Government], (%1) a local authority, (itt) any person, (iv) any company incorporated under the India? jo Companies Act, 1913, or : an (v) any railway company as defined in the India? 9 Railways Act, 1890. | ee: . *Substituted for the words “State ~ Government” by the Punja? current Subjects) Order, 1968 lof 1294, . Reorganisation - - eurrent Subjects) Order, 1968. . tion” were omitted by the Government of 1926 : Ph. Act V.| amRiAL ROPEWAYS 835 in whose favour an order has been made under sec- tion 7, or on whom the rights and liabilities conferred and imposed on the promoter by this Act, and by rules and orders made under this . Act, as to the construction, maintenance and use of an aerial ropeway, have devolved ; (9) “Rate” includes any fare, charge or other pay- ment for the carriage of passengers, animals or goods ; (10) “Rope” includes any cable, wire, rail, or way, whether flexible or rigid for suspending, carty- ing or hauling a carrier, if any part of su cable, wire, rail, or way, is carried overhead and is suspended from or supported on posts. PROCEDURE AND PRELIMINIARY INVESTIGATION. Application foz 3. Every application by an intending promoter other salen than the ‘Central Government] in regard to a proposed “"****""" aerial ropeway for permission to undertake the necessary preliminary investigations shall be submitted to the *[Cen- tral! Government]. a? é f 4. Every such application shall include— an (a) adescription of the undertaking and of the route to be followed by the proposed aerial ropeway; (b) adescription of the system of construction and management and the advantages to the com- munity to be expected from the aerial ropeway ; (c) an approximate estimate of the cost of construc- tion thereof ; (d) a statement of the estimated working expenses and profits expected ; (e) astatement of the maximum and minimum rate proposed to be charged; — | (f) such maps, plans, sections, diagrams and other information as the ‘[Central Government] may require in order to form an idea of the proposal. 5. Subject to the provisions of this Act and of section Preliminary investigations. 4 of the Land Acquisition Act, 1894, the '[Central Govern- ment] may, *[* “* “ * * *1 accord sanction to the 2 Govern the Punjab te and Con- -————— ‘Substituted for the words “State Government” b (Chandigarh) (Adaptation of Laws on Ste The words “at its discre India (Adaptation of Indian Laws) Order, 1937. . ap- ™ 836 AERIAL ROPEWAYS [1926 : Ph, Act Vv promoter to make such surveys, as may be necessary, and require him to submit such detailed estimates, plans, se a, tions, specifications and such further information. as jt ma deem necessary for the full consideration of the Proposal The promoter shall not in any event be entitled to claim an. compensation from the '[Government] for any expense in. curred under this section. ORDERS AUTHORIZING THE CONSTRUCTION OF AERIAL ROPEWAYS. a ene 6. (1) The *[Central Government] may, on applica. proposed order ’ { a authorizing con- tion made by any promoter and after due consideration of coor of ~ the details supplied in accordance with section 5. publish orders, in the Official Gazette a draft of the proposed order antho. rizing the construction of an aerial ropeway within an specified area or along any specified route by or on behalf of such promoter, subject to such restrictions and con. ditions as the “[Central Government] may deem proper. (2) A notice shall be published with the draft stat. ing that any objection or suggestion which any person may desire to make with respect to the proposed order wiil, if submitted to the *[Central Government] on or before a date to be specified in the notice be received and considered. (3) The *[Central 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 of like notice to be served on every owner or occupier of land over which such route lies, and shall consider any obiection 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) The draft of the proposed order may specify— (i) atime within which the capital required for the construction of the aerial ropeway shall be raised ; a ae 1Substituted for the word “Crown” by the Adaptation of Lews Order, 1950. njab “Substituted for the words “State Government” by the Pu Reorganisation (Chandigarh) (Adaptation of Laws on State and Com cuyrent Subjects) Order, 1968. 1926 : Pb. Act V.]_ arriat RopEWaYSs 837 (ii) a time within which the construction shall be commenced ; (tti) a time within which the construction shall be completed ; (iv) the condition under which a concession, guaran- tee, or financial assistance may be given by the ‘(Central Government] or a local authority to the promoter ; (v) the right of purchase by the [Central Govern- ment] or a local authority ; (vi) the rules regarding audit and accounts ; (vii) the rules regarding arbitration for the settle- ment of disputes ; (viii) the specification relating to the structural de- signs, quality of material, factors of safely, method of computing stresses and other such technical details as may be considered neces sary ; ‘I(ix) the rules relating to the construction of the aerial ropeway over roads and other public ways of communication, except railways as defined by the *[Constitution] and, with the previous sanc- tion of ** * * * the [Central Government], over such railways] ; : (x) the conditions under which the promoter may sell or transfer his rights to the *[Central Gov- ernment], or to a local authority, or person ; (xi) the condition under which the aerial ropeway may be taken over by the *[Central Govern- ment] to be worked by itself or by a local autho- rity or by a person other than the promoter; (xii) the motive power to be used on the aerial rope- way and the conditions, if any, on which such power may be used ; ‘Substituted for the words “State Government” by the Punjab Reorganisation (Chandigarh) (Adaptation of Laws on‘Stete and Con- a See mynd, ger er Subs ituled for the old clause by the Government of India (Adap- tation of Indian Laws) Order, 1937. ine ’Substitu.ed for “Government of India Act, 1935” by the Adapta- tion iy EWE iauee phar aE Order, 1951. 4The words “the Federal Railway authority or’ omitted ies Independence (Adaptation of Bengal and Punjab Acts) ae 1948. 838 AERIAL ROPEWAYS 11926 : Ph, Ac v ii) the minimum headway to be maintaineg ned different parts of the rope ; Un xiv) the points under the aerial sili bridges or guards shall be co tained ; (wv) the traffic which may be carried the traffic which the promoter S carry, and the traffic which he May ref carry ; der ropew ay at nstructed ang cine On the To ew hall be bound USe to (xvi) the maximum and minimum rates that May bg charged by the promoter, and the Circumstances in which and the manner in which these rates may be revised by the ?[ Central Government]. (xvii) the amount of security, i ( fany, to be deposited by the promoter in the event Of his a Pplication being granted ; and (xviii) such other matters as the '[Centra] Govern. ment],.may deem necessary, Final Order. 7 (1) If ion shall be conclusive proof that the order has been made as required by this section. See -G 8. If a promoter authorized by an order to construct = oe . aerial ropeway does not within the time specified in the order, (a) succeed in raising the ful] amount of capital re- quired for the Completion of the aerial rope- Way ; (b) make, in the opinion of the {Central Govern- ment], substantial Progress with the construc tion of the aerial ropeway ; or ‘Substituted for the b eee words “State G vernment” by the Punjs’ Re organisation (Chandigarh) (Adaptation of Laws on State and Con current Subjects) Order, 1988. ————eor 1926 : Pb. Act V.] APRIAL ROPEWAYs 839 th (c) complete the construction thereof ; € powers given to the promoter b h order shall y such order shall, unless the [Central Government] prolongs the time so specified, cease to be exercised. 9. (1) The [Central Government] *[ may, on the application of the promoter, revoke, amend, or extend the order by a further order. (2) An application for a further order shall be made in the same manner, and subject to the same conditions, as an application for an order. (3) If the [Central Government] grants the appli- cation it shall make the further order in the same inanner as an order, except that the rights, powers and authorities asked for in the said application shall not be increased, modified or restricted by the further order without the consent in writing of the promoter. 10. (1) No aerial ropeway shall be opened for any kind * * o J sanctioned the opening thereof for that purpose. The sanction of the [Central Government] under this section shall not be given until an Inspector has reported in writing to the *[Central Government ]— (a) that he has made a careful inspection of the aerial ropeway and appurtenances ; (b) that the moving and fixed dimensions and other conditions prescribed under the order have been complied with ; (c) that the aerial ropeway is sufficiently equipped for the traffic for which it is intended; (d) that the bye-laws and working rules prescribed by sections 27 and 32 have been duly made, ap- proved, and promulgated in the manner _pres- cribed in those sections ; and (e) that in his opinion the aerial ropeway is fit for public traffic and can be used without danger to the public using it, or to the person employed thereon, or to the general public. | ‘Substituted for the words “State Government” by the Punjab Reorganisation (Chandigarh) (Adaptation of Laws on State and Con- current Subjects) Order, 1968. 2The words “in its discretion” were omitted by the Government of India (Adaptation of Indian Laws) Order, 1937. ‘ai aerial of traffic until the ‘[Central Government] has by order before Further order. Inspection of ropeways opening. ™ 840 AERIAL ROPEWAYS [1926 : Pb. Act y (2) The provisions of sub-section (1) shall e the opening of additional sections of the aerial ropeway, ; deviation lines, and to any alteration or reconstruction materially affecting the structural character of an Xtend ; y Work lo which the provisions of sub-section (1) apply or are €xtenq. ed by this sub-section. Appointment of ae (1) The ‘TCentral Government] may appoint Ins. inspector, pectors of aerial ropeways and may fix the f ed to promoters for the performance by duties under this Act. €es to be charg. Inspectors of their (2) It shall be the duty of such Inspectors from time to time to inspect aerial ropeways and to determine whether they are maintained in a fit condition and wor ked with due regard to the convenience and safety Of the public, and consistently with the provisions of this Act. Powers of Ins- 12. An Inspector pector, shall, for the purpose of any of the duties which he is authorized or required to perform under this Act, be deemed to be a public servant, as defined in the yy, Indian Penal Code, and shall for that purpose have such 186. Powers as may be:prescribed by the "[Central Govern. ment] under clause (a) of sub-section (2) of section 32. geen een 13. The promoter and his servants and agents shall pector, afford to the Inspector all reasonable facilities for perform- and exercising the powers imposed and con- ing the duties ferred upon him by this Act or by rules made thereunder. CONSTRUCTION AND MAINTAINANCE OF AERIAL Ropeways. A itv ® ee ee, a 14, (1) Subject to the provisions of, and to the rules cute all works, Made under, this Act, and, in the case of immoveable pro- perty 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 promotor may— (a) make such survey as he thinks necessary ; _ (b) place and maintain posts: in or upon any im movable property ; (c) suspend and maintain a rope over along across any immovable property ; — re ntah “Substituted for the words “State Government” by the Pa Reorganisation (Chandigarh) (Adaptation of Laws on State and Py current Subjects) Order, 1968 1926 : Ph. Act V.} arriaL ROPEWAYS $41 (d) make such bridges, culverts, drains, embanic- ments and roads as may be necessary ; (e) erect and construct such machinery, offices, sta- tions, warchouses and other buildings, works, and conveniences as may be necessary 5 and (f) do all other acts necessary for constructing, maintaining, altering, repairing and using the aerial ropeway : Provided that a promoter may take any. action under clause (b) or clause (c) of this sub-section, notwithstand- ing the objection of the owner or occupier of the property affected thereby if the Collector, after giving such owner and occupier, by notice in writing an opportunity of being heard, by an order in writing permits such action. (2) When making an order under the proviso to sub- section (1) the Collector shall fx the amount of compensa- tion. or of annual rent, or of both, which should, in his opinion, be paid by the promoter to the owner of the pro- perty affected thereby, or, in the case of immovable pro- perty, to the owner or occupier thereof, or any person in- terested therein and the amount to be paid to each. 15. (1) Subject to the rules made under this Act a Temporary en- promoter or his duly authorized servant or agent may ab land for any time for the purpose of examining, repairing, or alter- eee accent, ing an aerial ropeway, Or of preventing any accident, enter’ upon any immovable property adjoining such aerial rope- wav, and may do all such works as may be necessary for such purposes. (2) In the exercise of the powers conferred by sub- cection (1) the promoter or his duly authorized servant or agent, as the case may be, shall cause as Jittle damage as possible, and compensation shall be paid by him for any damage so caused ; and in the case of any dispute as to the amount of such compensation, the matter shall be referred to the decision of the Collector. 16- (1) Where any tree standing or lying near an Removal of aerial ropeway, or where any structure or other , object obstructions, which has been placed or has fallen near an aerial rope- way subsequent to the issue of an order under section 7 in regard to such aerial ropeway, interrupts or interferes ™ 842 AERIAL ROPEWAYS (1926 : Ph. Act y with, or is likely to interrupt or interfere with th truction, maintenance, alteration, or use of the aerj way, the Collector may, on the application of the p cause the tree, structure or object to be removed OF othier. wise dealt with as he thinks fit. For the purpose of this sub-section the expression “tree” shall be deemed to in. clude any shrub, hedge, jungle growth or other plant, (2) When disposing of an application under sub tion (1) the Collector shall award to the person inter such compensation as the Collector deems reasonab] the Collector may recover such amount from as if it were an arrear of land revenue. Orders of Col- 1%. No suit shall lie, in respect of any matter refer. © cons. Tomoter “SCC. ested €, and the Promoter revision ty cee Ted to in the proviso to sub-section (1) of section 14, in sub. ‘ral Government, section (2) of section 14, section 15, or in sub-section (1) of section 16, but every order made by a Collector under any of these sections, and every award made by him under sub-section (2) of section 16 shall be subject to revision by the [Central Government] except in the case of an award of compensation made by the Collector on account of action taken under clause (c) of sub-section (1) of section 14, which award shall be subject to revision by the District Judge. WORKING OF AERIAL ROPEWAYS, Promoter may 18. The promoter shall, for the purposes of working an aerial ropeway, and subject to such maximum and mini- mum rates as may be prescribed or ordered, have power from time to time to fix the rates for the carriage of pas- sengers, animals or goods on the aerial ropeway. Duty of pro- 19. No promoter shall make or give any undue or moter to work : of aerial ropeway Unreasonable preference or advantage to or in favour Napout —partia- any particular person or any particular description of lity. traffic in any respect whatsoever, or subject any particular person or any particular description. of traffic to any U due or unreasonable prejudice or disadvantage in any res pect whatsoever. Reporting of 20. When any of the following accidents occur in the accidents. course of working an aerial ropeway, namely :— (a) any accident attended with loss of human life or serious physical injury to any human beiNé or with serious injury to property; : ‘Substituted for the words “State Government” by the Pun a Reorganisation (Chandigarh) (Adaptation of Laws on State and Co current Subjects) Order, 1968, ] : b : (6) wits accident of a description usually attended ea oss of human life or with serious physical Jury as aforesaid, or with serious injury to property ; (C) any accident of any other description which the ‘(Central Government] may specify in this behalf by notification in the Official Gazette ; the promoter shall without unnecessary delay, send notice of the accident to the '[Central Government] and to the Imspector ; and the promoter’s servant in charge of the station on the aerial ropeway nearest to the place at which the accident occurred, or where there is no station, the pro- moter’s servant in charge of the section of the aerial rope- way on which the accident occurred, shall, with the least possible delay, give notice of the accident to the Magistrate of the District in which the accident occurr:d and to the officer in charge of the police station within the local limits of which it occurred or to such other Magistrate and pvlice officer as the ‘[Central Government] may appoint in. this behalf, and shall also, if the accident is attended with loss of human life or serious physical injury to any human being, send information to the nearest dispensary. ad Power to close ] and reopen aerial 21. (1) If after inspecting any aerial ropeway opene ropeways. to public traffic, an Inspector is of opinion that the aeria ropeway or any specified part thereof cannot be used with- out danger to the public or is no longer in a fit state for the carriage of any specified class of traffic, he shall state that opinion, together with the grounds therefor to the *[Central Government] and the *|Central Government], after such further enquiry, if any, as it may think fit, may thereupon order that. for reasons to be set forth in the order, the aerial ropeway, or the part thereof so specified, be closed to all traffic or to any specified class of traffic : Provided that, in any case of extreme urgency, the Inspector may order the suspension of the working of the aerial ropeway or any part thereof which he con- siders necessary pending the orders of the ‘[Central Government]. ‘Substituted for the words “State Government” by the Punjab Reorganisation (Chandigarh) (Adaptation of Laws on State and Con- current Subjects) Order, 1968. Sad AERIAL ROPEWAYS (1926: Pb. Act y, (2) When under sub-section (1) an aerial ropewa or any part thereof has been closed to any trattic, jt shall not be reopened to such traffic until it has been inspected and its reopening sanctioned, in the preserj. bed manner. DISCONTINUANCE OF AERIAL ROPEWays. Cessation of po- 22. If, at any time ufter the opening of an aeria) a oo ropeway, it is proved to the satisfaction of the ' [Centra] ance of = seis! Government] that the promoter has discontinued the =—= working of the aerial ropeway or of any part thereof, without a reason sullicient, in the opinion of the ‘(Central Government], to warrant such discontinu- ance, the '[Central Government] may, if it thinks fit, declare by notification in the Official Gazette, that the powers of the promoter in respect of such aerial rope- way or part thereof shall, from such date as it may determine, be at an end ; and thereupon the said powers shall cease and determine. Explanation—The working of an aerial ropeway Shall be deemed to have been discontinued if it has ceased for the period determined in the order published under section 7, or, if the period has not been so deter- mined, for a period of three months. Tgover of Central 23. (1) When a declaration has been made by the to remove aeria’ ‘Central Government] under section 22 in respect of any oe pro. 2erial ropeway or of any part thereof, an officer appoin- moters powers. ted in that behalf by the ‘(Central Government] may, at any time after the expiration of two months from the date determined as aforesaid, remove such aerial ropeway or part thereof, as the case may be ; and the promoter shall pay to the officer so appointed such costs of removal as shall be certified by that officer to have been incurred by him. (2) If the promoter fails to pay the amount of costs so certified within one month after the delivery to him of the certificate or a copy thereof, such officer may, either by public auction or private sale, and without anv previous notice to the promoter, and without pre- judice to any other remedy which he may have for the ISubstituted for the words “State Government” ‘ty “the Puniab Reorganisation (Chandigarh) (Adaptation of Laws on. State and Con- current Subjects) Order, 1968 ™ 1926 : Pb. Act V.) AERIAL ROPEWAYS 845 recovery of the said amount, sell and dispose of the materials of the aerial ropeway or part thereof so re- moved ; and may, out of the proceeds of the sale, pay and reimburse to himself the amount of costs cervified as aforesaid and the costs of the sale, and shall pay over the residue (if any) of such proceeds to the pro- moter. é” PuRCHASE OF AERIAL ROPEWAYS. 24. (1) Where the promoter is the ‘[Central Rows et Sr and Government] the '[Central Government] may at any local authorities . : —_ hase aer{al time transfer the undertaking or any part thereof to sacway, (a) a local authority or local authorities under terms and conditions approved of. by, and: with the consent of, such authority or authorities ; (b) to any other person under such terms and conditions as may be mutually agreed upon between the '[Centra] Government] and the transferee. (2) Where the promoter is not the ‘[Central Go- vernment] the *[Central Government] may— (a) within such limits of time and upon such terms and conditions as may be specified in this behalf in the order, or (b) if a time was not specified in the order, then within six months after the expiration of a period of twenty-one years from the date of the order, and within six months after the expiration of every subsequent period of seven years, or (c) within two months after the publication of a notification under section 22, or within six months after the publication of a notification under section 26, by notice in writing require the promoter to sell to the [Central Government] or to a loca’ authority the aerial ropeway or a part thereof, and thereupon the ‘Substituted for the words “State Government” by the Punjab Reorganisation (Chandigarh) (Adaptati vurrent Subjects) Order, 1968, ptation of Laws on State and Con- / os 846 AERIAL ROPEWAYS [1926 : Ph. Act v. promoter shall sell the same upon the terms Specified in the order, or if the terms were not specified in the order, then upon the terms of receiving the then Value of We aerial ropeway or of the part thereof. The then vaite of the aerial ropeway shall be deemed to twenty-five times the amount of the average yearly net earmnengs derived by the promoter from the aerial TOpe. way or part thereof, during the three years immediately preceding the date of sale : Provided that if the terms were not specified in the order published under section 7 the total] amount 39 payable to the promoter shal] not exceed by more than twenty per cent the total capital expenditure of the promoter on the aerial ropeway, or part thereof. (3) A requisition shall not be section (2) requiring the promoter authority unless the making there ved by the local authority. made under sub- to sell to the local (4) When a sale has been made un all the rights, powers and authorities in respect of the undertaki sold, shal] be transferred to th ~—e » and in accordance with, the preced- Ng provisions of this sma on section, two or more local autho- ¥ Jointly purchase an undert Jointly aking or so much thereof as 1s Within their circles, (6) Where a purchase has section (1) or sub-section (5) _— (a) the undertaking Shall vest in the purchasers free from any debts, Mortgages or similar 1926 :.Pb. Act V,] AERIAL ROPEWAYS 847 obligations of the promoter or attaching to the undertaking : Provided that any such debts, mortgages or simi- lar obligations shall attach to the purchase ee in substitution for the undertaking ; an (b) save as aforesaid, the order published under section 7 shall remain in full force, and the purchaser shall be deemed to be the pro- motor : Provided that where the [Central Government] elects to purchase, the order under section 7 shall, after purchase, in so far as the ‘[Central Government] is concerned, cease 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 promotor by the *|Central Government] or the local authority, as the case may be. (8) Notwithstanding anything hereinbefore con- tained, a local authority may, with the previous sanc- tion of the [Central Government] waive its option to purchase and enter into an agreement with the pro- motor 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. 25. Where, on the expiration of any of the periods Power of pro- referred to in section 24, neither the *[Central Govern- ™°t’r eoae - ment] nor a local authority purchase the undertaking, purchase _ not and the order published under section 17 is, on the exercised | and application or with the consent of the promoter revo- ae ked, the promoter shall have the option of disposing of all lands, buildings, works, materials, plants and apparatus belonging to the undertaking in such manner as he may think fit. ‘Substituted for the words “State Government” by the Punjab Reorganisation (Chandigarh) (Adaptati tL b current Subjects) Order, 1968. on of Laws on State and Con 848 AERIAL ROPEWAYS (1926; Pp, Act y INABILITY OR INSOLVENCY OF PROMOTER Proceedings in 26. (1) lf, at any time after the Opening of a o meclveny or werial antes it appears to the ‘[Central Govern promoter. — ment] that the promoter Is insolvent or 1s unable to maintain the aerial ropeway or to work the same with advantage to the public, or at all, the '[Central Govern. ment] may, after considering any statement which the promoter may desire to make, and after such enquiry as it deems necessary, declare by notification in the Official Gazette that the powers of the promoter, in respect of such aerial ropeway, shall, at the expiration of six months from the date of such declaration, be at an end, and thereupon the said powers shall, at the expiration of that period, cease and determine. (2) At any time after the expiration of the saiq six months an officer appointed by the '[Central Govern- ment] in that behalf, may remove the aerial ropeway in the same manner and subject to the same provisions as to the payment of costs and to the same remedy for the recovery thereof in every respect as in cases of removal under section 23. BYE-LAWS Power of pro- 27. (1) A promoter shall, subject to the provi- Bpines make sions of sub-section (3) make by-laws consistent with : this Act— (a) for regulating the speed at which carriers are to be moved or propelled ; (6) for declaring what shall be deemed to be dangerous or offensive goodis and for regulat- ing the carriage of such goods : (c) for regulating the maximum number a passengers and animals and the maximum weight of goods to be carried in each carrier (d) for regulating the use of steam power or any other mechanical power or electrical powe! on the aerial ropeway -; Se Substituted for the words “State Government” by the 4 CoD Reorganisation (Chandigarh) (Adaptation of Laws on State aD current Subjects) Order, 1968. 1926.:.Pb. Act V.| arriaL ROPEWAYS 849 (e) for regulating the conduct of the promoter’s servants ; (f) for regulating the terms and conditions on which the promoter will warehouse or retain goods at any station on behalf of the con- signee or owner of such goods ; and (g) generally for regulating the travelling upon, and the use, working and management of the aerial ropeway. (2) Such bye-laws may provide that any person who contravenes the provisions of any of them shall be liable to fine which may extend to any sum not ex- ceeding fifty rupees and that, in the case of a breach of a bye-law made under clause (c) of sub-section (1) the promoter’s servant responsible for the same shall forfeit a sum not exceeding one month’s pay, which sum may be deducted by the promoter from his pay. (3) A bye-law made under this section shall not take effect until it has been confirmed by the *[Central: Government] and published in the Official Gazette : Provided that no such bye-law shall be so confir- med until it has been previously published by the pro- moter in such manner as may be prescribed. SUPPLEMENTARY PROVISIONS 28. A promoter shall in respect of the aerial rope- returns. way submit to the [Central Government] returns of capital and revenue expenditure, receipts, and traffic, at such intervals and in such forms as may be pres- eribed. 29. No promoter shall, in the course of the con- Protection of struction, repair, working or management of an aerial pee a ropeway, cause any permanent injury to any public Wate ye “q road, railway, tramway, or waterway, or obstruct or interfere with, otherwise than temporarily as may be necessary, the traffic on any public road, railway, tram- way or waterway. Substituted for the words “State Government” by the P b Reorganisation (Chandigarh) (Adaptation of Laws on State. and undab current Subjects) Order, 1968. 850 AERIAL ROPEWAYS (1926 : Pb. Act V. of 30. The {Central Government] may, if it thinks fit, Jang on behall of ubject to the rrovielone of this Act, on the application of a promoter. any promoter desirous of obtaining any land for the pur- pose of constructing, extending, working or managing an gerial ropeway, acquire on his behalf such land under the provisions of part VII of the Land Acquisition Act, 1894, whether the said promoter is or is not a company as de- fined in the Land Acquisition Act: Notification of 31. No person shall be entitled to a refund of an over- daims to refunds Charge in respect of animals or goods carried by an aerial and to Saleen, ropeway or to compensation for the loss, destruction or tion for losses. deterioration of animals or goods delivered to be so carried unless his claim to the refund or compensation has keea preferred in writing by him or on his behalf to the promo- ter within six months from the date of the delivery of the animals or goods for carriage by the aerial ropeway. Rules by the *[Central Government] Power of Central 32. (1) The {Central Government] may, after pre- Government to vious publication, make rules to carry out the purposes of make rules. this Act. (2) In particular, and without prejudice to the genera- lity of the foregoing power, such rules may prescribe— (a) the powers and duties of an Inspector appointed under section 11; (b) the accidents of which notice shall be given to the “[Central Government] and to the Inspec- tor; (c) the duties of the promoter’s servants and of . police officers, and magistrates, on the occur- rence of an accident ; (d) the maximum and minimum rate for various classes of poods which a promoter may fix under section 18 : (e) the standard dimensions and specifications to which the aerial ropeway is to conform : (f) the manner of previous publication of by-laws made under section at: ‘Substituted for the words “Stat Punjat Reorganisation (Chendigarl Cc i : at Bubs cctes one 196g ee ation of Laws on I of - 1894, “State Government” by the Punjab 1926: Ph. Act V.] ArRIAL ROPEWays 851 (9) the intervals at which a promoter shall submit returns under section 28 and the forms in which such returns shall be submitted; () the manner in which notices under this Act shall be served ; (7) the manner in which and the conditions under which the through booking of goods may be permitted between an aerial ropeway, and railway, tramway or another aerial ropeway ; (j) the safe and efficient working of aerial rope- Ways ;} (k) the conditions under which and the manner in which the powers conferred on promoters by section 14 and section 15 may be exercised ; (1) the procedure for the disposal of applications under sub-section (2) of section 21 to reopen an aerial ropeway or part thereof and the con- ditions under which such aerial ropeway may be reopened ; _ (m) the preparation, submission and auditing of the accounts of the promoter ; _ (n) the method of arbitration for the settlement of disputes ; (o) the fees to be charged to promoters and other persons in respect of licenses, applications, ¢n- quiries, inspections and services rendered under this Act; and (p) the procedure for making, hearing and _ dispos- ing of applications under this Act. (3) All rules made under this section shall be pub- lished in the Official Gazette. Offences, Penalties and Arrests 33. If a promoter— Failure of pro- (a) constructs or maintains an aerial ropeway other- aie Aes aay wise than in accordance with the terms of an ~ a order made under section 7; or (b) opens an aerial ropeway or permits it to be ' opened in contravention of any of the provisions of section 10; or 852 AERIAL ROPEWAYS [1926 : Pb. Act V, (c) fails to comply with the provisions of section 13; or (d) fails to pay within a reasonable time any com. pensation awarded by a Collector under sec. tions 14, 15, 16 or by the ‘[Central Government] or a District Judge under section 17; or (c) contravenes any of the provisions of sections 19; or ({) fails to send notice of any accident as required by section 20; or (q) fails to close an aerial ropeway in accordance ~” with an order passed under sub-section (1) of section 21 or reopens any aerial ropeway in contravention of sub-section (2) of that sec. tion; or (h) continues to exercise the powers of a promoter in respect of any aerial ropeway in contraven- tion of the provisions of section 22 or section 26 ; or (i) fails to comply with the provisions of seclion 27 or section 28; or (j) contravenes any of the provisions.of section 29; or (k) contravenes the provisions of any rules made under section 32 ; 4 he shall (without prejudice to the enforcement of specific performance of the requirements of this Act, or of any other remedy which may be obtained against him) be punished with fine which may extend to two hundred Tupees, and, in the case of a continuing offence to a further fine which may extend to fifty rupees for every day after the date of the first conviction during which the offender is proved to have persisted in the offence. peniewtally 34. If a person without lawful excuse, the burden of mink oe ees proving which shall lie upon him, wilfully obstructs or im- in discharge of Pedes any servant of a promoter in the discharge of his duty. he shall be punished with fine which may extend to one hundred rupees. ES PE ee ee ‘Substituted for the words “State Government” by the Punjat Reorganisation. (Chandigarh) (Adaptation of TONY State and Con- : current Subjects) Order, 1968 XLV of 1860, XLV of 1860. 1926: Pb. Act V.) amrtaL roprwaye 853 35. If any person without lawful excuse, the burden ,,Uniawfully it j ; . ; terfering with of proving which shall lie upon him, wilfully does any of aerial ropeway: the following things, namely :— (a) interferes with, removes or alters any part of an aerial ropeway or of the works connected therewith; (b) does anything in such manner as to obstruct any carrier travelling on an aerial ropeway ; (c) attempts to do or abets, within the meaning of the Indian Penal Code, the doing of anything mentioned in clause (a) or clause (b) ; he shall without prejudice to any other remedy which may be obtained against him in a Civil Court, be punishable with fine which may extend to two hundred rupees. 36. If any person does anything mentioned in clause Pe oe (a), clause (b), or clause (c) of section 35 or does, attem- tending to en- pts to do, or abets, within the meaning of the Indian Penal on eo Code, the doing of any other act or thing in relation to aN gy being upon aerial ropeway with intent, or with knowledge that he is aerial ropeways. likely to endanger the safety of any person travelling or being upon the aerial ropeway, he shall be punishable with imprisonment for a term which may extend to fourteen years. 37. (1) If any person commits any offence under arrest for section 34 or section 35 which obstructs the working of an rer ae aerial ropeway or commits any offence punishable with and procedure imprisonment under section 36, he may be arrested with- thereupon. out warrant or other written authority by any servant of the promoter or by any police officer, or by any other per- son whom such servant or officer may call to his aid. (2) A person so arrested shall, with the least possible delay, be taken before a Magistrate having authority to try him or to commit him for trial.