The Aerial Ropeways Act, 2022

AGEE7T - aur /59 Registered No.-768/97 > AT THE ASSAM GAZETTE REIIEL EXTRAORDINARY oA FEET 7 i PUBLISHED BY THE AUTHORITY TR 675 Tixte[, T, 11 wegtam, 2022, 19 Wi, 1944 (413) No. 675 Dispur, Tuesday, 11th October, 2022, 19th Asvina, 1944 (S. E.) GOVERNMENT OF ASSAM ORDERS BY THE GOVERNOR LEGISLATIVE DEPARTMENT : :: LEGISLATIVE BRANCH NOTIFICATION The 11th October, 2022 No. LGL.168/2021/3.— The following Act of the Assam Legislative Assembly which received the assent of the Governor of Assam on 7th October, 2022 is hereby published for general information, ASSAM ACT NO. XXXVI OF 2022 (Received the assent of the Governor on 7th October, 2022) THE ASSAM AERIAL ROPEWAYS ACT, 2022 9622 THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 11, 2022 AN ACT a to e ri a a u l t h r o o ri p s e e w , a y f s a ci i l n i ta t t h e e a St n a d t e. r egulate the construction and working of Preamble 1. (1) This Act may be called the Assam Aerial Ropeways Act, 2027. commencement (2 Ttextends to the Wwhole of the State of Assam, (3) They shall come into forcé on such date as the Government may, 2. In this Act, unless there is anything rcpugnant,in the subject or a o w t i e r h n o r e c i r r a l k e l i u s n o d h f e r o ) s o p c p s o e , f a n l w o n l r a e y m c F ; a t t O c h i D e h E o S i n , n p e u r b p w y o l i s i t t c h s a , , n d c c a a a r o n r r t d r i h i a e e g r r e s a , ll w o o s f r “ t J k a a s t n b i d a o s n u s s s , e e a n d p g o p e f u f r f r o i s r t c e e n s th , o a r e n t w p g a u o r r o e t p d o h o , s o s , u e s s s e u a s c n o , h d f control of that authority; (d o d “ f i D s e t t r p h i e u c t t A y c a t n ; d C om i m nc i l s u s d i es o ne a r ny ” pe m r e s a o n n s re th p e r es D e e n p t u i t n y g h C i o m m m f i o s r si th o e n e p r u rpo of s e & (&) “Expert Committee” means 3 Committee constituted under section 11 of this Act; ® “Government” means the Government of Assam; (@) “Inspector " means an Inspector of aerial ropeways agpoinwd under thisAct who have requisite knowledge and experience on aerial ropeway; (B) “local authority" means a Municipal Commitiee, Small To\yn Committee, Notified Area Committee, Gram Panchayat, Zila Parishad or other authority legally entitled to, or: entrusted by the Government with, the control or management ¢/f a municipal or local fund; —— THE ASSAM GAZETTE, EXTRAORD]NARY, OCTOBER 11, 2022 9623 0 @ ] “ “ o O r f d f e ic r i " a l me G a a n z s et te an " o m r e d a e n r s au t t he h or O i f s f i i n c g i al t he G aze c r o t m e s tr of u c t t i i ie o n G o o v f e r a n n me a n er t j ; a | s c M " “ f u o P a o R p n r o i e , p s t n g t o r t u " o r i r l e t v a n i a a t n a n m m i g c n e e o e c a n n e a n d ” r s o i o r n R p g e e p ; , g m g a u e r l t a | e p a n o x t s o s t i f t e o , n n a d s i t t c n h r f o g e e r n s t t a - o l r m r e A i , e e v d T r a e n i v s c ] u t o e n a k d n i e d n f r a R g o r r o d t , p h t c i h e s a a w t r s a r A t c y o y r t r u i t ; d n , e g r , ; O s p s t e a u y r s , a p t e i n o o d r n i n o g t h a e n o r d r i u " n p d r e e r s cr t i hi b s e d” A ect m ; eans prescribed by rules made by the Government "promoter” means- (1) the State Government, (i) alocal authority, (i) G an o y v er p n e m r e s n o t n as o r per en l t a i w t , y which may be selected by v} 2 0 an 1 y 3 , co or m pany incotporated under the Companies Act, Central Act No. 18 of () 1 a 9 n 8 y 9 , r ailway company as defined in the Railways Act, 2 C 0 e 1 n 3 t , r al ActNo, 2401 (i) any person in whose favour an order has been made 1989, @ ® s p r " a u i r r g s o i t p p d , e e o " n f d u e i s s d n e u c d c l h f u r f d o o e c r m a s b l s o e a u r , n s y p s e w u n i c p r d a p e b i o , l n r e g t , , r e a d i w l , i c r o a e n r o , r r p y o i r w s a n a i t g l y s , , . o o r r i s h w c a a a u y r l , r i i n e g w d h e o a t v h e c e a r r r h r e i f e a l r d e , xi a b if n l e d a ny o i r s CHAPTER 11 Applicationfo r 3, (g) PROCEDURE AND PRELIMINARY INVESTIGATIONS i D u n P n v e d e r e s m r t i t i s a g s k a i e t o i n o n t o ‘ G E n v o v e v e r s e y t m i n g m a a e t p i n p o l t n i ca f t i o n i r on r p e e g r b a m y r i d s s a i n t o o n i a n t to p e n r d o u i p n n o d g e s r e t d p a r k o e a m e o ri t n a e e l c r e s r s o o a t p r h e y e w r a y pr t e h l a s i n h m al i l n S t a a r b t y e e submitted to the State Government, &) In case of government funded project,there shall be a selecti . on o m f e c i h n a t n e i n s d m in g thr c o o u m g p h a ni b e i s d / d i i n n d g i v S i y d s u t a e l m t a o n d e ns to u re s s o cu p r e e n p e a l r e t m i e c n i t pa s t io o n f competition and transparency. 9624 THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 11, 2022 a C p o p n l t i e c n a t t s i on o f 4. f t E h o v e l e l r o i y w n i f n a o g p r : p m ~ l a i t c i a o t n i on r el o e va b n e t ma to d e ‘t he un p d r e o r p o s s e e c d t io r n o p 3 ew of a y t he a n A d c t sh s a h l a l l l i c n o c n l t u a d i e n t a h l e l (A b a y d t e h s e c ri p p r t o i p o o n s ed of a t e h r e i al u n r de o r p t e a w k a i y n ; g and of the route to be followed (b) r t a h o e p d e es a w c d a r v y i a ; p n t t i a o g n e s o f to t he t he s y c st o e m m m un of i t c y o ns t t o r u b c e t io € n x pe a e n t d e d m a f n r a o g m e m t e he n t a er a i n a d l ( ( @ ) ) a an s a t p a p t r e o m x e i n m t a te o f es t t h i e m ate e st o i f m a t t h e e co w st o rk of i n c g o nst e r x u p c e t n i s o e n s the a r n e d o f: profits (¢) a statement of the maximum and minimum rates proposed to be () p G r s o u o v c p h e o s r m a n a l m p ; e s n , t pla m ns a , y se r e e t q io u n i s t , e di in a gr o a r m d s e r an t d o ot f h o e r r m in a f n o rm i a d t e i a o n of a s t t h h e e (8) an application fees of Rupees Five lakhs; (h) number of trees to be affected; and @ forest and animal corridors on the alignment of ‘ropeway, P in r v e e l s i t m i i g n a a t r i y o ns t a C S h n u o e d b m j i p e p R r c e e o t n s m s e o a t t t t t e o i l r o e n m t t e o h n e t a m n a d k p Ac r e t T o , v r i s a s u n 2 i c s 0 h o p 1 n 3 a s , r s u e r n t v c o h e f y e y s, G t i o h n i v a s s e L r a m n n A a d m c y t e n b A t e c a q n u n m d i e a s c y i e t s t i s h o a e a n c r , c y o R r i d R a g e n h d h t a s b a r i n e l c q t i t o u i t i o a r n t e F i a o i t t n r o o 3 2 C Ac 0 e 0 t n 0 1 t f 3 r N a e. l submit such detailed estimates, plans, sanctions, specifications and such further information as it may deem necessary for the full e e c n x o t p n i e s t i n l d s ed e e r a i t to n i c o u n c r l r a e o i d f m t u h n e a d n e y p r r o t p c h o o i s s m a p l s e . e n c s t T i a h o t n e i : o n p rom f o r t om e r t s h h e a ll G o n v o e t rn in m e a n n t y e f v o e r n t an b y e Provided that the estimates, plans, specifications relating to the structural designs, quality of material, factors of safety, method of computing stresses shall be in conformity with those as laid down by the Burean of Indian Standards and shall be duly certified by a qualified Engineer. . Explanation.-For the purposes of this section a “qualified Engm;er” a m n e d a n e s x pe & r p i o e s n t c e g r a a s d u m a a t y e E be n g p i r n e e s e c r r ib i e n d. s tructure having such qualifications THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 11, 2022 9625 CHAPTER IIf ORDERS AUTHORISING THE CONSTRUCTION OF AERIAL ROPEWAYS a p P u r u t b o h l p o i o r c s i a e s t d i i n o g n o , r d o e f r 6. (1) a T n h d e G a o ft v e e r rnm d e u n e t c m o a n y s , i de o r n a ti a o p n p lic o a f t ion t he mad d e et ai b l y s an s y u pp p l r i o e m d o te i r n c c o o n n t s e t n r t u s c - t o i f o n su a c n h d l a o c c c a o l r d h a e n w c s e p ap w e i r th an s d e ct o i n o e n w 4, i de p l u y b li c s i h r cul in a te o d n e na w ti i o d n e a l l y ne ci w r s c p u a la p t e e r d order a an u d t ho i r n i s t i h n e g d t e h p e a rt co m n e s n t t r a u l c ti w o e n b si o t f e an a d a r e a r f i t a l of r o t p he e wa p y ro po w s i e th d i n or a d n e y r specified area or along a specified route by or on behalfof such promoter, subject to such restrictions and conditions as the Government may deem proper. @ 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 be taken into consideration, jf submitted to the Government on or before a date to be specified in the notice, 3 The Government shall cause public notice of the intention to make the order to be given at convenient places within the said area, or along ihe said route and shall, so far as may be conveniently possible, cause a like notice to be served on every owner or oceupier 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 suchnotice, All applicable Forest and Centrai Wildlife clearances shall have to be obtained by the promoter Act No. 69 of under Forest Conservation Act, 1980 and from State Board of 1980 wildlife/National Board of Wildlife. @ The draft of the proposed order shall specify:- @) a time within which the capital required for the construetion of the aerial ropeway shall beraised; () a time within which the construction shall be commenced; (i) a time within which the consfruction shall be completed; (iv) the condition under which a concession, guaranteg, or financial assistance may be given by the Government oralocal authority to the promoter; (v) the right of purchase by the Government or a local athority; g (vi) the rules regarding audit and accounts; (vii) the rules regarding arbitration for the settlement of disputes; (vii) the specifications relating to the structural designs, quality of material, factors of safety, method of computing stresses and other such technjcal details as may be considered necessary; - 9626 THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 11, 2022 (ix) the rules relating 1o the construction of the aerial () the conditions undér which the promote; may séll or (xi) t o t h r t a e h k e e p b n c y r o o n m o d o v a i e t t r e i l r o o ; c n b a y s l t u h a n e u d t e h G r o o - r v i w t e h y i r c n h m o e r n th t e b y a to e a r i b a e p l er w r s o o o r p n k e e w d a o y t h b e y r m ay i t t s h e a b l n e f (i) t t h h e e m c o o t n i d v i e t io p n o s w , er if t o an b y e , us o e n d o w n h i t c h h e ae s r u i c a h l r p o o p w e e w r a y m a a n y d beused; (xiif) d t i he f fere m n i t n i p m ar u ts m of h t e he a d ro w p a e y ; 1o be maintained under (%iv) the minimum headway of 10 meters between the P c r u a o b b o i l f n i t , c o p i P n r i t v o h a f e t e c t h a e s P e a r h t o o n f u e s r T e s o s h p i e p w or a ( y P b P u P p i r ) l o d j i m e n c o g t d s s e ; t a o nd b e b b a u s i e l d o u f n d t e h r e (xv) the points under the aerial ropewaya t which bridges or i guards shall be constructed and maintained; (xvi). the traffic which may be carried on the fopeway, the traffic which the promoter shall be bound to carry and the'traffic which he may refuse to carry; (xvi) the maximum 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 Government; (xvid) the amount of security, if any, to be deposited by the promoter in the event of his application being granted; and (xix) such other matters as the Government may deem necessary. Final oider % ay If, after considering objections or suggestions which may have been made in respect fo the draft on or before the;specified date, the Government is of the opinion that the application should be granted, with or without modification, or subject or not to any restriction or condition, it may make an order agcordingly. @ Bvery order authorising the construction of an aerial ropeway shall be published in the Official Gazette, and such publication hall be conclusive proof that the order has been made as requited by this section. a C p n e o s w o s e r a r d t s e i r o g n i v o e f n by 8. d If o e a s pr no o t m , ot wi e t r h in a u t t h h e o r t i i s m e e d s b p y e ci a f n i ed o rd i e n r th t e o o c r o d n e s r t , r - uct an acrial ropeway THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 11, 2022 9627 (@ c s o u m ce p e l e e d t io i n n o r f a i t s h i e n g ae t r h i e a l f I u 0 ll p ew a a m y o ; u nt of capital required for the ) w m i a t k h e , the i n co t n he s tr o a p c i t n i i o o n n of o f th t e h e a er G i o al v e T r o n p m e e w n a t y , ; o s r u bstantial progress (©) complete the construction thereof; Further order 9 @ t G h o e ve p r o T n w h m e e e r s n t G o g p v i r v e o e r l n n o n m g e t s o n t t t h h e e ma t p y i r , me o mo s o o t n e r sp t e h c e b i y f i a e p s d p u , l c i h c c e a a t o s i r e o d n e r to o b f s e h al t e l h x , e e rc u p i n r s l o e e d m s , o s ter th , e @) Tevoke, amend, or extend the order by a further order, An application for 2 further order shall be made in the same manner, and subject to the same conditions, as an application for an order, (©) : not be increased, modified or b ros i by < t a he p pl f i u c r a t t h i e o r n o s r h d a e l r i ‘without the consent in writing of the promoter. b a I c e n r f s i o p a e l r c e t . r i o o o p p n e e n w i o a f n y g s 10. m t N h o e a G e o ri v a e l rn r m o e p n e t w ay h as, s hal b l y b o e r de o r p , e ne s d an ct fo i r o n a e n d y t k h i e n d op o e f n i t n r g af fi t c h er . e at o i f l reportedin writing to the Government,- () that the Expert Committes has made a co inspections of the aeial ropewsy and appurten: ®) {© @ (e) @ opening of additional sections of the serial ropeway, to deviation lines, and to any alternation or reconstructior materfally affecting the siructural character of any work which the provisions of sub-section (1) above apply v 2 extended by this sub-section. Expert Commitiee 1, The Government may, by notificatic te OFf constitute one or muore 3 iwes consisting of such: number of persons, jiaving such knowledge and experience in design, setting up and operating aerial ropeways, and on such terms and conditions as may be [ rescribed. 9628 THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 11, 2022 Dutjes of the Expert 12. The Expert Committee shall discharge the following duties, namely:- Commitiee @ 1 a o n y aid m a a t n t d e r ad c v o i n s n e e c t t h e e d Go w v i e th r nm th e e n t a d a m n i d n is t t h r e at I i n o s n p ec o t f o r t he in r A e ct g ; a rd a n 1 d o also in regard to- (a) design, erection or position of any aerial ropeway ot of any work appertaining thereto; (b) the addition to, or the alteration or closure of an aerial ropeways; (e) the variation of the character of any ropeway or of the mode of use thereof; @ 1o ensure that the ropeway is fit for public traffic, and no danger is involved in its use; and (e) fixation of the fare rates. (i) to conduct inspection of aerial ropeways and appurtenances- (a) at the initial stage, before the sanction is granted for its operation under sub-section (1) of section 10 of this Act; (b) subsequently at least twice in a year; {e) on such other occasions as may be directed by the State Government; and (d) advise Inspectors on operation and maintenance of regulations under this Act. 3. Appointment of Inspectors and The Government shall appoint such Chief Inspector and their powers artd Inspectors of aerial ropeway who have requisite qualification, duties experience (minimum Graduate in Civil/Mechanical/Electrical long with experience of 10 Years in aerial ropeway) and may fix the fees to be charged to promoters for the performance by them for their duties under this Act and the rules framed thereunder. @ The Inspector shall perform following duties:- @ it shall be the duty of Inspector, from time to time, to inspect such topeways and to determine whether they are constructed and maintained in a fit condition and working properly to the entire convenience and safety of the persons using them and of the general public and consistent with the provisions of this Act. (i) to see that the operafion and safety’ measures are strictly followed as per the operation and mainteriance regulations of this Act. (iii) the Inspector shall inspect. the ropeway and its appurtenances,- (a) where human beings are corried, atleast once in three months; (b) where goods are carried, atleast once in a gix ‘months; and (¢) on such other oceasions as 1may be directed by the State Government. THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 11, 2022 9629 () T co h n e s ulta G ni o t v , e r a n nd m en ot t h er ma o y ff icers a ls w o i th a s p u p c o h i n d t e sig e n x a p t e i r o t n s, s an a d d v a i s s s o i r g s n , I P n o s w p e e r c s t or o s f 14, r p s a A u h u u n l a b t e l l h s l i , o I c r n m i § f a z p s o d e r e e e d r c v t t a 0 h u n o r a r n t t d e s r w p h r e i a u q l t r u l t h p , i h i o r i n s s e f e d o , A t r h , e f o t h h m a e p v e e e a p r n u f i r s o n u p r g c o m h s e o u f p n o o d t f w e h e e r r a I n s t n y h d i i s a o a s f n A c m t t P h a , e e y n a b d ] e u b t e i C d e o e s p d e r e m e , w s e h c d i r 1 c i 8 h b 6 1 e 0 0 d h b e a e n by d i a s d C A 5 c e . t n 0 t f r N a o. l a I F n a f c s f i p o l e r i c d t t e i o d e r s s t o t o a n b d e 15, I T n h s e p ect p ‘ r o o r m ot or e r as an t d h e hi c s a se e m m pl a o y y ee be s , a to n d the a ge m nt e s m be s r ha s l l o a f ff t o h r e d E t x o pe t r h t e 1860 Expert Committee CHAPTER 1V CONSTRUCTION AND MAINTENANCE OF AERIAL ROPEWAYS p A r ut o h m o o r t i e t r y to o f 16. (1) Subject to the provisions of, and to the rules made under this execute works A th c e t , pr a o n m d, o te i r n , th t e o c t a h s e e pr of o vi i s m i m o o n v s ab o l f e an p y r o e pe n r a t c y t me n n o t t b f e or l on t g he i ng t ime to a b n e d i ng f or in c o f m o p r a c n e i e f s o , r t a he P pr a o c m q o u t i e s r i ti m o a n y ,- o f land for public purposes () make such survey as he thinks necessary; (b) place and maintain posts in or upon amy immovable property; (¢) suspend and maintain a Tope over, along or across any immovable property; (d) make such bridges, culverts, drains, embankments and roads as may be necessary; (¢) 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 the aerial ropeway: Provided that a promoter may take any action under clause (b) or clause(c) of this sub-section, notwithstandintghe objection of the owner or oceupier of the property affected thersby, if the Deputy Comumissioner, after giving such owner and occupier by notice in writing, an opportunity of being heard, by an order in writing, permits such action. 9630 THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 11, 2022 (2) When maldng an order under the Pproviso to sub-section (1), 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, or any person interested therein and the amount to be paid to each. Temporary entry 17, ()] Subject to the rules made under this Act, a promoter or his duty upon land for repairing or o a f u th e o x r a i m z i e n d i ng e , m pl r o e y p e a e i rin or g a o g r e nt a lt m e a r y i , ng at a n an a y e t r i ia m l e r f o or p e t w h a e y , p ur o p r os o e f preventing preventing any accident, enter upon any immovable property accident adjoining such aerial ropeway, and may do all such works as may be necessary for such purposes. @ In the exercise of the powers conferred by sub-section (1), the promoter or his duly authorized employee or agent, as the case may be, shall cause as litle damape 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 for the decision of the Deputy Commissioner. [©)] Trees falling on the alignment of ropeway shall be lifted alongwith roots and replanted at suitable location by the promoter. Removal of 18. O] ‘When any tree standing or lying near an aerial ropeway, or obstructions where any structure or other objeet which hasbeen placed or has fallen near an aerial ropeway subsequent to the issue of an order under section 7 of the Act in regard to such aerial Topeway, interrupts or interferes with, or is likely to interrupt or interfere with the construction, maintenance, alteration, or use of the aerial ropeway, the Deputy Commissioner may, on the application of the promoter, cause the tree, strocture or object to ‘be removed or otherwise dealt with as he thinks fit. ZExplanation.-For the purpose of this sub-section, the expression "trec” shall be deemed to include any shrub, hedge, jungle growth or other plant, @ When disposing of an application under sub-section (I), the Deputy Commissioner shall award to the person interested such compensation as the Deputy Commissiorier deems reasonable, and the Deputy Commissioner may recover such amount from the promater as if it were an arrear of land revenue. THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 11, 2022 9631 Orderof Deputy 19, No suit shall lig in respect of any matter referred to in the proviso to Commissioner sub-section (1) and sub-section (2) of section 16, section 17, or in subjectto sub-section (1) of scction 18 of the Act, but every order made by a revision by the Deputy Commissioner under any of those sections, and every award Government made by him under sub-section (2) of section 18 of the Act, shall be subject to revision by the Government except in the case of an award of compensation made by the Deputy Commissioner on account of action taken under sub-section (2) of section 16 of the Act, which award shall be subject to revision by the District Judge. CHAPTER V 'WORKING OF AERIAL ROPEWAYS Promotermay 20. The promoter shall, for the purposss of working an aerial ropeway, fix rates and subject to such maximum rates as miay be prescribed, have power, from time to time, to fix the rates for the carrage of passengersor goods on the aerial ropeway with approval of Expert Committee. Fixationiof fare 21. {1) The Government, on the recommendations of the Expert rates of Public Comunittee, shall fix and notify the maximum limit of the fare Private rates for the Ropeway Projects build under Public Private Pal:m@ship and Partnership (PPP) and Built Operate and Transfer (BOT) mode. Zt‘);l,trgesx;tre (2) Every application made under this section for fixation of fare Ropesay rates shfxll be decided thh.m a periosl of 90‘days from tl'.le d?te Pm]ecw of receipt of such application, failing which the application shall be deemed to have been accepted for fixation of fare rates, Dutyof” 22. No promoter shall make or give any undue or unreasonable promoter to ‘preference or advantage to or in favour of any particular person or work aerial any particular description of traffic in any respect whatsoever, or ropeway without subjectany particular person or any particular description of traffic to partiality any undue or unreasonable prejudice or disadvantage in any respect ‘whatsoever. Reporting of 23. In case where any accident occurs in the course of working in aerial accidents ropeway, the promoter shall, without unnecessary delay, send notice of the accident to the Government, Expert Committeea.nd fo the Inspector; and the promoter's employee-in-charge of the: station of the aerial topsway nearest to the place at which the accident occurred, or where there is no station, the promoter's- employee-in-tharge of the section of the aerial ropeway on which the accident occurred shall, with the least possible delay, give notie of the aceident to the magistrate of the district in which the aceident occurred and to the officer-in-charge of the police station within the Jocal limits of which it occwrred or to such other magistrate and police officer as the Govermmenmaty appoint in this behalf and shall also, if the accident is attended with loss of human life or serious physieal injury to any human being, send information to the nearest dispensary. 9632 THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 11, 2022 o R p e e s r c a u t e i ons 24. p I b O a f y p r e t r t t a h h o t e e f i o i G n t, o , G v o it e v t r h s e e h n r a m l n p l e m r n o e b t m n e o t t a r e n e r d c o in v i s c e n h u a r r l a c s l b a s l e b e e a n t a l h y s i e a b a p l n r e e x o a p m t r e o o r n t e d p a e i a r r y s t ur o f t f e a h i e l l s a e n d x t d u o p r e i r p n n e a d g v y i e t n u t u h r a e e e n , y w i h n o r c l e u e s r c r u e o e d r Insurance cover 25 (1) t ( p I c h n P r o e e P m s P c p c ) R a r r s o i e e b o p h r e e e d o n w B , f s u a i i y l a v t t n o e y O P t p h r a e e i o c j r p c e s a p i c u t e d t r s r e s a s n n o t a c n b n e s u d i o r l t T c a r o v m a v a i u n e i s n s r l h d f , i a e e n p r r g , i n ( P ae B t u r h b O t i e l h T a e i l ) c p r T m o m o P a m o r p o n d i t e n e v e w e : a r a t r e y sh a P a s s a l e l r r t v m i n p a c e r y e r o s s v h i i d b o p e e f o P n r ov a i cc d o e u d n t t ha o t f a t n he y a G c o c v i e d r en n t m e o n r t mi s s h h al a l p no in t s b u e c h li R ab o l p e ew fo a r y an P y r oj c e l c a t i s m . @ G Th o e v er r n at m e e n o t f c on o m t p h r e e h a e d n v s ic i e v e o f i t n h s e u r E a x n p c e e r t sh C a o ll m mi b t e t e d e e . c ided by the Power to ¢lose 26. (1) and reopen If after inspecting aty aetial ropeway opened to public traffic, aerial ropeways @ [©)] o s i n T r n i e h d t c e e u e r c a s a t D s s i s o a e o i r n p t y u u t a o w f t y h n i e o o t n n n C i a o f t o i m u f n e r m o a a i a r t l c s i m t o s a s n i l a e s o n a y f d n o b / e r o o r r t { s s a u g o a s e m f d p a v e t n a e n h n r - e s d s m i / e o a c o l n o r d y n e c t o a e e f f r r f d n r o e i e o p c s d r e t a i r e s s t d a D e m t i r , i s b o t y n r o i r c a o t n f y a m n R a y I o y a p w e c i w r s i a a s s n u i y d s e THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 11, 2022 9633 CHAPTER VI DISCONTINUANCE OF AERIAL ROPEWAYS _ T o d p p C O f i r o e p s o w s a c e m e s e o w o t a r n i a t t s a t e i y l i o r n o n f u o a n o i n f w e e 27. c i r n d r t t t I e e o i h e h f a s t s e e m a s p i c s a e e f a o o s y c w i t n n a t c o a a t t a r n i n i t d k d s o s n y i e f u i f u o t f a n a n e d f c s g t n i e r t u i c c t m i i c m i e n e i o h e e o , r n n n f m t e t h a i , a , t o e c f n f t h r t e h e i e i , e O b a t r n f e l h f a e _ i t e t G a r c h r h f e G i e i o o a a o p v l l a v e e o o n e p w p r G i r e a r n e a n n o y n m n z i i p d m e e o n ; e t e n n o g w t n r t e a t a , o y P n o f p f d a m t r t a t h h o t a y a r a h t n t , t e t h h e o a t t e r f G e h h r i e r o e e f e i u a v a o p n i l e p p f t o y r r o n o n w r s r t e h m p o i h a t a r e p o l i h r s n l e t e n t , t w e k r s a , o s t f y f h a r , h e i o f t a r d t i o m h s e t , e o i t p f w d s , o p a d i i u w s r r e s c c e r o h w c p l a r m i a o r n s o r t n o t d e t h t v a , e o i t . e s u r e n s d h t u u a l c b e a i l h y t s d n o a h E a x v p e l an b a e t e i n o n. d - i sc T o h n e t in w u o e r d k i if 1g i t o h f a s a n ce s a er s i e a d l r fo o r p e t w he a y p er s i ha o l d l d b e e te d r e m e i m n e e d d i t n o T P T G o e o o p m w v e o e e w v r r e a n s y m o e g f e o n t r n t i h a e l to 2§, (1) p s W a e h r c t e t i n o n t h a e 2 r 7 e d o e f o c , f l ar th a a e t . n i o A n e o t f h f e i in c s e r t e b s e p o a e n p c p t o m i o a n f d t e e a d n y b y i a n e r th i e a t | h a G t T o o v p e b e r e w n h a a m y l e f a o t r by o u f nd a t e n h y r e c p e r s o s m a o t t i e o r n ' s of ‘ G m o o v n e th r s n me f n r t om m t a h y e , dat &l e a d n s y t er f m i i m n e ed aft a e s r a t f h o e r esa e i x d p , i ra r ti e o m n o ve o f s t u w c o h powers p ae r r o i m al o te r t o pe sh w a a l y l p o a r y pa t r o t th t e h er o e f o f f i , c er a s so t he a p c p a o s i e n te m d a y suc be h ; g a o n s d t s th o e f e i r n e g m u o r v r a e l d by as hi s m h . al l be S ce rtifi B ed E RS b E y E that e v o ffic o e w r s to = have been (2) T the promoter fails to pay the amount of costs so certified within one month after the delivery to him of the certificate or of a copy thereof, such officer may, either by public auction or private sgle, and without any previous notice to the promoter, and without prejudice to any other remedy which he may have for the recovery of the said ‘amount, sell and. dispose.of the materials of the aerial ropeway or part thereof 50 removed: and may, out of the proceeds of the sale, pay and reimburse {o himself the amount of costs certified as aforesafd and the cost of the sale, and shall pay over the residue (if any) of such proceeds to the promoter. CHAPTER VII T T PURCHASE OF AERIAL ROPEWAYS G a a P u o n o t d v w h e o e l r r r o i n c o t a m i f l e e s n t t h t e o 29.° (1) a W @ n h ) y e r t e i c a m o e t n h l d e o t i c r t a p a i l n r o s o n f m s e a o r u t t e h t a o r h p e r p i r i t u s o y n v t d e h e d e o r r t G a o b k l y v o i , c e n a g r l a n n m o d e r a u n t a t w h n i , o y i r t i h t p t h a i e r e t t h s e G t o h u v c e n r e o e d n r e s m r e o ? f n e t n t t o t e ,- r o f m , s m a s y u a c n h d at . purchase gerial authority or authorities; or ropeways 9634 THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 11, 2022 (b) to any other person under such terms and conditions as selected through a transparent bidding system between the Government and the transferee. (2) Where the promoter is not the Government, the Government may,- () 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 (¢) within two months after the publication of a notification under section 27of the Act or within six months after the publication of a notification under section 31 of the Act, by notice in writing, require the promoter fo sell to the Government or to a local authority the aerial ropeway or a part thereof, and thereupon the promoter shall sell the same upon the terms specified in the order, or if the terms were not specified in the order, then ipon the terms of receiving the then value of the aerial ropeway or of the part thereof. The then value of the aerial ropeway, shall be deemed to be twenty-five times the amount of the average yearly net carnings derived by the promoter from the aerial ropeway 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 of the Act, the total amount so payable to the promoter shall not exceed by more than twenty per cent the total capital expenditure of the promoter on the acrial ropeway, or part thereof, ©]} A requisition shall not be made under sub-section (2) above requiring the promoter to sell to the local authority unless the making thereof has been approved by the local amhqrity. @ When a sale has been made under this section, all the rights, powers and authorities of the promoter in respect of the undertaking or-part thereof sold, or, where a-notification has been published under section 27 or section 31 af the-Act, 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 acrial ropeway had been constructed by it under: an order made under this Act. ® Subject to, and in accordance with the preceding provisions of this section, two or more local authorities may jointly purchase an undertaking or so much thereof as is within theircircles. THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 11, 2022 9635 (6) Whete a purchase has been effected under sub-section (1) or sub- section(5) above,- (@) the undertaking shall vest in the purchaser free from any debts, mortgages or similar obligations of the promoter or attaching to the undertaking: Provided that any such debts, mortgages or similar obligations shall attach fo the purchase money in substitution of the undertaking; and (b) save as aforesaid, the order published under section 7 of the Act shall remain in full force and the purchaser shall be deemed to be the promater: Provided that where the Government elects to purchase, the order under section 7 of the Act shall, after ‘purchase, in so far as the 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 Government or the local authority, as the case maybe. (8) Notwithstanding anything herein before contained, a local authority may, with the previous sanction of the Governmert, waive its option to purchase and enter into an agreement with the promoter for the working by him of the undertaking vntil the expiration of the next subsequent perivd mentioned in the order or refetred to in clause (b) of sub-section (2) above, upon such terms and conditions as may be stated in the agreement. Power of 30. Where, on the-expiration of any of the periods réferred to in section promoter to sell 29 of the Act, neither the Government nor local authority purchases when option to the undertaking, and the order published under section 7 of the Act is, purchsse niot on the application or with the consent of the promoter, revoked, the exercised and promoter shall have the option of disposing of all lands, buildings, drderrevoked works, materials, plants and apparatus belonging to the undertaking by consent. in such manner as he may thinkfit, CHAPTER VIII INABILITY OR INSOLVENCY OF PROMOTER Proceedingsin 31, (1) If, at any time, after the opening of an acrial ropeway, it appears case of inability to the Government that the promter is insolveiit or is unable to orinsolvency or maintain the aerial ropeway or to work the sarmie with advantage promater to the public, or at all the Government may, after considering any statement which the promoter may desire t& make, a'nd after such enquiry as it deems necessary, declare by notificahqn 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, @d thereupon the said powers shall, at the expirati on of that period, cease and determine. ——— 963 — 6 THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 11, 2022 | | ) o A f t f ic a e n r y a t p i p m o e m t a e f d te r b t y h e t e he x pir _ a G t O i V on E mm o e f n t t h e in s aid t hat s ix be m h o a n lf t , h s, may an | r T e e m m o e v d a y l f u o n r de t r h e ;Lec recovery thereof in every | ect as in cases of o {twp ! ° CHAPTER IX BYE-LAWS m p P a r o o k w m e e o r t b e y r o e f - t l o a ws 32. (1) t A h is p r s o e m c o ti t o e n r , m sh a a k ll e , s b u y b e j - e l c a t w s t o c t o h n e s i D s P t r e o n v t i si w o i n t s h o t f hi s s u A b c - t s , e - c tion (3) of (a) for regulating the speed at which carriers are to be moved or propelled; (b) s o f u o f r c f h e n d s g e i o c v o l e d a s r ; i n g g o od w s h at an s d h all for b e r d e e g s u m la e t d i ng t o t b h e e da c n a g rr e i r a o g n e s o o f r {c) t f h o e r r m eg a u x la i t m i u ng m the w ei m g a h x t imu o m f g a o u o m d b s e r to o f p b a e sse c n a g r e r r ie s d an i d n each carrier; (@) for regulating the use of steam power or any other mechanical power or electrical power on the aerial ropeivay; (&) for regulating the conduct of the promoter’ semployees; ® T fo u r n n r i e n g g u la a t nd i ng m a t i h n e t a q i u n a i l n i g f ic t a h t e io a n e s r ia o l f ro th p e e w s a t y af ; f employed for ® for regulating the terms and conditions on which the promoter shall warehouse or retain goods at any station on behalf of the consignee or owner of such goods; and (h) generally for regulating the travelling upon, and the use, working and management of the aerial ropeway. @ Such bye-laws may provide that any person who contravenes e th x e t en p d r ovi to s io a n n s y o s f u m a ny n ot o f e t x h c e e m e di s n ha g l l fi b f e t y li r a u bl p e e es t o a f n in d e t w h h at i , c h i n ma th y e case of a breach of & bye-law made under clause (¢) of sub- section (1), the promoter's employee 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) h A a s by b e e - e l n a w co m n a f d i e r me u d n der by th t i h s e s G e o ct v i e o r n nm s e ha n l t l n a o n t d ta p ke u : b l e i f s f h e e c d t u i n n t il t he it Official Gazette: Provided that no such bye-law shall be so confirmed until it has been previously published by the promoter in such manner as may be prescribed. THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 11, 2022 9637 CHAPTER X SUPPLEMENTARY PROVISIONS Returns 33, A promoter shall, in respect of the aerial ropeway, submit to the Government returns of capital and revenue expenditure, receipts and traffic, at such intervals, and in such form, as may be prescribed. Protection of 34. No promoter shall, in the course of the construction, repair, working roads, railways, or management ofa n acrial ropeway, cause any permanent injury to tramways, and any treesin public road, railway, tramway or waterway, or obstruct or waterways. interfere with, otherwise than temporarily as may be necessary, the traffic on any public road, railway, tramway or waterway. Acqguisition of 35, The Government may, if it thinks fit, subject to the provisions of the land on behalf Act, on the application of any promoter desirous of obtaining any Central of & promoter land for the purpose of constricting, extending, working or managing Act No. an aerial ropeway, acquire on his behalf such land under the 30 of 2013 provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 whether the said promoter is or is not a company as defined in the said Act and may if it thinks fit transfer the land owned acquired or controlled to any promoter for the purpose of the Act, c N l o a t i i n f i i s ca t t o i ' o r n e f o u f n d 36 No petson shall be entitled to a refund of an overcharge in respect of goods cartied by an aerial ropeway or to compensation for the loss, toovercharges destruction or deterioration of 80ods delivered to be so carried, unless and Xis claim to the refund or compensation has been preferred in writing f c o o r m p lo e s n s s e a s t ion by him or on his behalf to the promoter within six months from the date of the delivery of the 800ds for carriage by the acrial ropeway. 'CHAPTER XI POWER TO MAKE RULES AND REGULATIONS BY THE GOVERNMENT G P o ow v e e r r nm of e n t t he to 7. {I) The Government may, after previous publication, make rulesto carry out the purposes of this Act, make rules @) In particular, and without prejudice to the generality of the foregoing power, such rules may prescribe- (&) the operation and maintenance regulations under this Act; (b) the constitution of the Expert Committee under section 11 of the Act and terms and conditions of the-appointment, qualifications and experience. of its members; (¢) the power, functions and duties of an Inspectors appointed under section 13 of the Act; (d) the accidents of which notice shall be: given to the Government and to the Inspector; 9638 THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 11, 2022 (&) the duties of the promoter's ‘employees and of police officers, and magistrate, on the occwrence of anaccident; (f) the maximum rates for passengers and various classes of goods which a promoter may fix under section20 of the Act; () the standard dimensions and specifications to which the acrial ropeway is to conform; (h) the manner of previous publication of bye-laws made under section 32 of the Act; (i) the intervals at which a promoter shajl submit returns under section 33 of the Actand: the forms in which such retums. shall be submitted; () the manner in which notices under this Act shall beserved; (ky the manner in which, and the conditions under which, cpe booking of goods may be permitted between an aetial ropeway and railway, tram way or another aerial ropeway; () the safe and efficient working of aerial ropeways; (m) the conditions urider which, and the manner in which, thc powers conferred on promoters by section 16 and section 170f the Actmay be exercised; (n) the procedure for the disposal of applications under sub- section (2) of section 260f the Actto reopen serial ropeway or part thergof and the conditions under which such aerial ropeway may bereopened; (0) the preparation, submission ‘and auditing of the accounts of the promoter; () the method of arbitration for the seftlement of disputes; (q) the fees to be charged to promoters and other persons in respect of licences, enquiries, inspections, and services rendered under this Act shall be fixed and notified by the Government; () the procedure for making, hearing, and disposing of applications under this Act. @ All rules made under this section shall be published in the Official Gazette, @ Every rule made under this Act shall be Jaid, as soon as may be after it is made, before the Legislative Assemibly while it is in session for atotal period of not less than fourteen days which may be comprised in one session or in two or more successive sessions and if before the expiry of the session in which it is so laid or the sessions aforesaid, the Assembly makes any modification in the rule or decides that the rule should net be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule, THE ASSAM GAZETTE, EXTRAORDINARY; OCTOBER 11, 2022 9639 m P G a o o k v w e e e r r n o m f e n t t he to 38 (1) m g T e a h n k e e e r a G l o r i e v t g e y u r l n a of t m i e o t n h n e t s f f m o o a r r y , g - , o in i g n p po a w r e t r i , cu an l d a arn i d n c w o i n t s h i o s u t t e n p t r e w j i u t d h i ce t he to A c t t h , e regulations (a) approval of surveyors, competent persons, controllers and operators; (b) supply of operation manual and manner of records to be kept maintaining an operational log; (©) method of employment and duties of operational personnel; (d) manner of operating the ropeway; (e) pre-operational examinations, tests and requirements as to Speed, load, etc; (® reporting of certain oceurrences; (&) prohibition of persons, goods and prohibition of using tobaceo product, pan masala, smoking, etc; () scheduled maintenance of the ropeway; () prohibition on use of certain roOpes; () use of counter weight, cars, communication systems, electrical systems, maintenance of station and posting of warning notices; (k) rescue operations and equipments; () general safety precautions. (@) All regulations made under this section shall be published in the Official Gazette. (3) Every regulations made under this Act shall be laid, as soon asmay be after it is made, before the Legislative Assembly while it is in session for a total period of not less than fourteen days which may be camprised in one session or in two or more successive sessions and if before the expiry of the session in which it is so laid or the sessions aforesaid, the Assembly makes any modification in the regulation or decides that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of nio cffect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation. CHAPTER XII OFFENCES, PENALTIES AND ARRESTS Failure of 39, Ifapromoter,- ) m‘l’;fi& ASE (s) comstructs or maimajm an aerial ropeway otherwise than in Zc:lc;):riance with the terms of an order made under section 7of the (b) opens an aerial Topeway or permits it to be opened in contravention of any of the provisions of section 10 of the Act;or 9640 THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 11, 2022 @ (c ) f f a a i i l l s y t t o o P c p o a r y mp w l i y t hi w n i th a r t e he a so p n r a o b v l i e si o t n i s m e of a n s y e ct c i o o m n p e 1 n 5 s a o t f i t o h n e A a c w t a i r o d r e d ) (& ) t c f h o a e i n ls t A r e t a t o ; v e s n o e e r n s d a n n o y t ic o e f t o h f e a p n r y o v a i c s c i i o d n e s n t of a g s e r ct e i q o u n i re 2 d 2 b of y t s h e e c t A i c on t or 23 of (8 fails to close an aerial ropeway in accordance with an arder (h) a e c r o i n a t l i nu L e O s p e t w o a ' y e xe i r n v ig c e o nt t r he a ve p n o t w i e o r n s o o f f t a h e p r p o r m o o v t i e s r i on i s n r o e f s pe s c e t c ti o o f n a 2 n 7 y @ o fa f i t l h s e to A ct c ; o mp or l y with the Provisions of section 32 or section 33 () contravenes any of the provisions of section 34 of the Actior (k) t c h o e n t A r c a t v ; enes the Pprovisions of any rul¢ made under section 37 of o U b n s l t a r w uc f t u i l n l g y : 40. If a person, without lawful excuse, the burden of proving which shall p e di r m s o p o m l h o o a t y r e e g r e e ' s o i f n his p li r e o mo u t p e on r i h n im t , he d w i i s l c f h u a ll r y g e o o b f s t h r i u s c t d s u ty, o r he i m s p h e al d l e s b e P an p y u nis e h m a p bl l e o ye wi e t h o f f i ne a duty which may extend to five hundred rupees. i a U e n n r t i i e l a r l a f w e f r r u i o l n p l g e y w w a i y t s h 41. I s f h al a l n y l ie pe u r p s o o n n , hi w m i , t h w o i u l t f ul l l a y w f d u o l e s ex a c n u y s e o , f t t h h e e f b o u l r l d o e w n i ng o f th p i r ng o s v , i ng n ame w l h y i ; c - h () o i r n te o r f f e t r h e e s wo w r it k h s , c r o e n m n o e v c e t s e d or t he a r lt e e w r i s t h a ;

n y part of an aerial Topeway ® t d r o a e v s e lli a n n g y t o h n i ng a n a i e n r ia s l uc T h o pe m w a a n y n ; é r as 0 obstruct any carrier (c) attemptsto do or abets within the meaning of the Indiary Penal o C r o d c e l , a use 1 ( 8 b 6 ) 0 ; the doing of anything mentioned in clause (a) No.45 of 1860 THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 11, 2022 9641 Punishmentfso r 42. (1) If any person does anything mentioned in clause (a), clause (b) acts or attempts or clause (c) of section 41 of the Act ot does, attempts to do, or tending to abets, within the meaning of the Indian Penal Code, 1860, the Central Act endanger safety doing of any other act or thing in relation to an aerial ropeway No.45 of Or persons with intent, or with knowledge that he is likely to endanger the 1860 travelling or safety of any person travelling or being upon the aerial being upon ropeway, he shall be punishable with imprisonment for a term aerial ropeways which may extend to fourteen years. @ If the promoter does anything or omits to do anything, mentioned in section 39 of the Act, in relation to an aerial ropeway with intent or with knowledge that such act or omission is 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 shall not be less than one month but may extendto five years. 4. Arrest for If any person commils any offence under section 40 or section offence against 410f the Act and obstructs the working of an aerial ropeway or certain sections commits any offence punishable with imprisonment under and procedure section 42 of the Act, he may be arrested without warrant or thereupon other written authority by any employee of the promoter or by any police officer, or by other persons whom such employee or officer may call to his aid. @ A person so arrested shall, with the least possible dclay, be taken before a Magistrate having authority to try him or o comimit him for trial. GEETANJALI DAS SAIKIA, Secretary to the Government o1 Assam, Legislative Department, Dispur, Guwahati-6. Guwahati : Printed and Published by the Director, Directorate of Printing & Stationery, Assixm, Guwahati-21. Extracirdinary Gazette No. 1349 - 100+ 10 - 11 - 10 - 2022, (visit at— dpns.assan 1.gov.in)