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The Aerial Ropeways Act, 1923

( ACT NO. VII OF 1923 )

Chapter V

SUPPLEMENTARY PROVISIONS

Returns
36. A promoter of an aerial ropeway for public traffic shall, in respect of such ropeway submit to the Government returns of capital, receipts and traffic at such intervals and in such forms as may be prescribed.
Protection of roads, railways, tramways, and waterways
37. No promoter of an aerial ropeway shall, in the course of the construction, repair, working or management of such ropeway, cause any permanent injury to any public road, railway, tramway or waterway, or obstruct or interfere with, otherwise than temporarily, as may be necessary, the traffic on any public road, railway, tramway or waterway.
Acquisition of land by a promoter
38. The Government may, if they think fit, on the application of any promoter of an aerial ropeway for public traffic desirous of obtaining any land for the purpose of constructing, working or managing such ropeway, direct that he may, subject to the provisions of this Act, acquire such land under the provisions of the Land Acquisition Act, 1894, in the same manner and on the same conditions as it might be acquired if the promoter were a company.
Limitation of claims for damage to animals or goods
39. No person shall be entitled to a refund of an over charge in respect of animals or goods carried by an aerial ropeway for public traffic or to compensation for the loss, destruction or deterioration of animals or goods delivered to be so carried, unless his claim to the refund or compensation has been preferred in writing by him or in his behalf to the promoter within six months from the date of the delivery of the animals or goods for carriage by the ropeway.
Application of Act to certain private aerial ropeways
40.(1) Sections 1, 2, 11, 12, 13, 14, 15, 16, 20 and 21, clauses (c), (f), (g), (j) and (k) of section 31, sections 34, 35 and 37, and sub-sections (1) and (3) and clauses (b), (c), (d), (e), (g), (h), (m), (o), (p) and (q) of sub-section (2) of section 42 shall also apply to the private aerial ropeways constructed for the purposes referred to in section 28, whether constructed before or after the commencement of this Act:
 
 
Provided that, in the application of section 16 to any such aerial ropeway, for the words "the issue of an order under section 7" the words "the opening of the ropeway to traffic or the issue of a notification for the acquisition of, or an order for the temporary occupation of, land in accordance with the provisions of sub-section (1) of section 28, whichever is earlier," shall be deemed to be substituted.
 
 
(2) Clause (a), (c) and (e) of sub-section (1) and sub-section (2) of section 10 shall also apply to all such private aerial ropeways constructed after the commencement of this Act, and clause (b) of section 31 shall apply to such ropeways to the extent that section 10 applies thereto.
 
 
(3) The Government, on the application of the promoter or otherwise, may declare that the provisions of section 28 and of sub-section (1) of this section shall apply to any private aerial ropeway or class of private aerial ropeways for private traffic.
Power of Government to constitute an Advisory Board for aerial ropeways
41.(1) The Government shall, by notification in the official Gazette, constitute an Advisory Board for aerial ropeways.
 
 
(2) Such Board shall consist of a Chairman to be appointed by the Government who shall be a Chief Engineer to the Government, and two persons to be appointed by the Government as expert members.
 
 
(3) When any person is aggrieved by an order of the Government under section 7 or under section 21, such person, on payment of the prescribed fees, may within thirty days of the order, apply to the Government for revision of the same, and the Government shall take the advice of the Advisory Board in the prescribed manner and shall consider such advice and pass such orders in the matter as to the Government shall seem just and proper.
 
 
(4) With a view to enabling the Board to tender their advice under sub-section (3) the Board, with the consent of the Government and on payment of such further fees as may be prescribed, may make such further inquiry into the matter as the Board may consider to be necessary.
 
 
(5) The Government may, by general or special order,
 
 
(a) define the further duties of, and regulate the procedure of, the Advisory Board;
 
 
(b) determine the tenure of office of the members of the Board; and
 
 
(c) give directions as to the payment of fees to, and the travelling expenses incurred by, any member of such Board in the performance of his duty.
Power of Government to make rules
42.(1) The Government may, after previous publication, make rules to carry out the purposes of this Act.
 
 
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may prescribe-
 
 
(a) the conditions under which licenses for the construction of aerial ropeways over mining properties shall be granted, including conditions as to the assessment and payment of compensation for loss caused by the interruption of the getting of minerals by reason of such construction and conditions as to the removal of any portion of the ropeway to another alignment, to be fixed by arbitration if necessary, if at any time in the opinion of the Government the ropeway interferes with the raising of minerals;
 
 
(b) the powers of an Inspector appointed under section 11;
 
 
(c) the conditions under which and the manner in which the powers conferred on promoters by sub-section (1) of section 14 and sub-section (1) of section 15 may be exercised;
 
 
(d) the accidents of which notice shall be given to the Government and to the Inspector under clause (c) of section 20;
 
 
(e) the duties of the promoter's servants, police-officers and Magistrate on the occurrence of an accident;
 
 
(f) the maximum and minimum rates which a promoter may fix under section 18;
 
 
(g) standard dimensions and specifications with which the aerial ropeway is to conform;
 
 
(h) the procedure for the disposal of applications under sub-section (2) of section 21 to re-open an aerial ropeway or part thereof and the conditions under which such ropeway may be re-opened;
 
 
(i) the manner of previous publication of bye-laws made under section 27;
 
 
(j) the intervals at which a promoter shall submit returns under section 36, and the forms in which such returns shall be submitted;
 
 
(k) the preparation, submission and auditing of the accounts of the promoter;
 
 
(l) the method of arbitration for the settlement of disputes;
 
 
(m) the manner in which notice under this Act shall be served;
 
 
(n) the manner in which, and the conditions under which the through booking of goods may be permitted, between an aerial ropeway and a railway, tramway or another aerial ropeway;
 
 
(o) the safe and efficient working of aerial ropeways;
 
 
(p) the fees to be charged to promoters and other persons in respect of licenses, applications, inquiries, inspection, and services rendered under this Act; and
 
 
(q) the procedure for filing, hearing and disposing of applications for revision under this Act, and the procedure for taking the advice of the Advisory Board.
 
 
(3) All rules made under this section shall be published in the official Gazette.

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