Updated: Monday August 05, 2013/AlEthnien
Ramadan 29, 1434/Somavara
Sravana 14, 1935, at 06:44:08 PM
[1][1]The
(Punjab Act V of 1926)
[18 May 1926]
An Act to authorise, facilitate, and regulate
the construction and working of aerial ropeways in the
Preamble.— WHEREAS it is
expedient to authorize, facilitate, and regulate the construction and working
of aerial ropeways in the
It is hereby enacted as follows:---
1. Short
title and extent.— (1) This Act may be called the Punjab Aerial Ropeways
Act, 1926.
(2) It
extends to the
2. Definitions.— In this
Act unless there is anything repugnant in the subject or context—
(1) “Aerial Ropeway” means an aerial ropeway (or
any portion thereof) for the public carriage of passengers, animals or goods,
and includes all ropes, posts, carriers, stations, offices, ware-houses,
workshops, machinery and other works used for the purposes of, or in connection
with, and all land appurtenant to, such aerial ropeway;
(2) “Carrier” means any vehicle or receptacle hung
or suspended from, or hauled by, a rope 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 local authority
means the area within the control of that authority;
(4) “Inspector” means an Inspector of aerial
ropeways appointed under this Act;
(5) “Order” means an order authorising the
construction 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 contrivance for carrying, suspending or
supporting a rope;
(7) “Prescribed” means prescribed by rules made by
the [2][2][Provincial
Government] under section 32;
(8) “Promoter” means,---
(i) the [3][3][Provincial
Government],
(ii) a local authority,
(iii) any person,
(iv) any company incorporated under the [4][4][* * *] Companies
Act, 1913[5][5], or
(v) any railway company as defined in the [6][6][* * *] Railway Act,
1890[7][7],
in whose favour an order has been made under section 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
payment for the carriage of passengers, animals or goods;
(10) “Rope” includes any cable, wire, rail, or way,
whether flexible or rigid for suspending, carrying or hauling a carrier, if any
part of such cable, wire, rail, or way, is carried overhead and is suspended
from or supported on posts.
PROCEDURE
AND PRELIMINARY INVESTIGATIONS
3. Application for concession.—
Every application by an intending promoter other than the [8][8][Provincial Government] in regard to a proposed aerial ropeway for
permission to undertake the necessary preliminary investigations shall be
submitted to the [9][9][Provincial Government].
4. Contents
of application.— Every such application shall include—
(a) a description of the undertaking and of the
route to be followed by the proposed aerial ropeway;
(b) a description of the system of construction
and management and the advantages to the community to be expected from the
aerial ropeway;
(c) an approximate estimate of the cost of
construction thereof;
(d) a statement of the estimated working expenses
and profits expected;
(e) a statement of the maximum and minimum rate
proposed to be charged;
(f) such maps, plans, sections, diagrams and other
information as the [10][10][Provincial
Government] may require in order to form an idea of the proposal.
5. Preliminary investigations.—
Subject to the provisions of this Act and of section 4 of the Land Acquisition
Act, 1894[11][11], the [12][12][Provincial Government] may, [13][13][* * *] accord sanction to the promoter to make such surveys, as may be
necessary, and require him to submit such detailed estimates, plans, sections,
specifications and such further information as it may deem necessary for the
full consideration of the proposal. The promoter shall not in any event be
entitled to claim any compensation from [14][14][Government] for any expense incurred under this section.
ORDERS AUTHORIZING THE CONSTRUCTION
OF AERIAL
ROPEWAYS
6. Publication
of proposed order authorizing construction and contents of such orders.— (1) The [15][15][Provincial
Government] may, on application made by any promoter and after due
consideration of the details supplied in accordance with section 5, publish in
the Official Gazette a draft of the proposed order authorizing the construction
of an aerial ropeway within any specified area or along any specified route by
or on behalf of such promoter subject to such restrictions and conditions as
the [16][16][Provincial
Government] may deem proper.
(2) A notice shall be published with the
draft stating that any objection or suggestion which any person may desire to
make with respect to the proposed order will, if submitted to the [17][17][Provincial Government] on or before a date to be specified in the
notice, be received and considered.
(3) The [18][18][Provincial Government] shall cause public notice of the intention to
make the order to be given at convenient places within the said area, or along
the said route and shall, so far as may be conveniently possible, cause a like
notice to be served on every owner or occupier of land over which such route
lies, and shall consider any objection or suggestion with respect to the
proposed order which may be received from any person within a date to be
specified in such notice.
(4) The
draft of the proposed order may specify,---
(i) a time within which the capital required for the construction of
the aerial ropeway shall be raised;
(ii) a time within which the construction shall be commenced;
(iii) a time within which the construction shall be completed;
(iv) the condition under which a concession, guarantee, or financial
assistance may be given by the [19][19][Provincial Government]
or a local authority to the promoter;
(v) the rights of purchase by the [20][20][Provincial
Government] or a local authority;
(vi) the rules regarding audit and accounts;
(vii) the rules regarding arbitration for the settlement of disputes;
(viii) the specifications relating to the structural designs, quality of
material, factors of safety, method of computing stresses and other such
technical details as may be considered necessary;
[21][21][(ix) the rules relating to the construction of the
aerial ropeway over roads and other public ways of communication, [22][22][* * *]];
(x) the conditions under which the promoter may sell or transfer his
rights to the [23][23][Provincial
Government], or a local authority, or person;
(xi) the conditions under which the aerial ropeway may be taken over by
the [24][24][Provincial Government] to be worked by itself or by a local authority
or by a person other than the promoter;
(xii) the motive power to be used on the aerial ropeway and the
conditions, if any, on which such power may be used;
(xiii) the minimum headway to be maintained under different parts of the
rope;
(xiv) the points under the aerial ropeway at which bridges or guards
shall be constructed and maintained;
(xv) the traffic which may be carried on the ropeway, the traffic which
the promoter shall be bound to carry, and the traffic which he may refuse to
carry;
(xvi) the maximum and minimum rates that may be charged by the promoter,
and the circumstances in which and the manner in which these rates may be revised
by the [25][25][Provincial
Government];
(xvii) the amount of security, if any, to be deposited by the promoter in
the event of his application being granted; and
(xviii) such other matters as the [26][26][Provincial
Government] may deem necessary.
7. Final order.— (1) If, after considering
any objections or suggestions which may have been made in respect to the draft
on or before the specified date, the [27][27][Provincial Government] is of 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 accordingly.
(2) Every order authorising the construction
of an aerial ropeway shall be published in the official gazette, and such
publication shall be conclusive proof that the order has been made as required
by this section.
8. Cessation
of powers given by an order.— If a promoter authorized by an order to
construct an aerial ropeway does not, within the time specified in the order,
(a) succeed in raising the full amount of capital
required for the completion of the aerial ropeway; or
(b) make, in the opinion of the [28][28][Provincial Government], substantial progress with the construction of
the aerial ropeway; or
(c) complete the construction thereof;
the powers
given to the promoter by such order shall, unless the [29][29][Provincial
Government] prolongs the time so specified, cease to be exercised.
9. Further
order.— (1) The [30][30][Provincial
Government] [31][31][* * *] 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 [32][32][Provincial
Government] grants the application it shall make the further order in the same
manner 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.
INSPECTION
OF AERIAL ROPEWAYS
10. Inspection
of aerial ropeways before opening.— (1) No aerial
ropeway shall be opened for any kind of traffic until the [33][33][Provincial
Government] has by order sanctioned the opening thereof for that purpose. The
sanction of the [34][34][Provincial
Government] under this section shall not be given until an Inspector has
reported in writing to the [35][35][Provincial
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 section 27 and 32 have been duly made, approved, and promulgated in the
manner prescribed 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.
(2) The
provisions of sub-section (1) shall extend to the opening of additional
sections of the aerial ropeway, to deviation lines, and to any alteration or
reconstruction materially affecting the structural character of any work to
which the provisions of sub-section (1) apply or are extended by this
sub-section.
11. Appointment
of Inspectors.— (1) The [36][36][Provincial
Government] may appoint Inspectors of aerial ropeways and may fix the fees to
be charged to promoters for the performance by Inspectors of their duties under
this Act.
(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
worked with due regard to the convenience and safety of the public, and
consistently with the provisions of this Act.
12. Powers of Inspector.— An Inspector 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 [37][37][Pakistan] Penal Code[38][38], and shall for that purpose have such powers as may be prescribed [39][39][by the Provincial Government] under clause (a) of sub-section (2) of
section 32.
13. Facilities
to be afforded to Inspector.— The promoter and his servants and agents shall
afford to the Inspector all reasonable facilities for performing the duties and
exercising the powers imposed and conferred upon him by this Act or by rules
made thereunder.
CONSTRUCTION
AND MAINTENANCE
OF AERIAL
ROPEWAYS
14. Authority of promoter to execute all works.— (1) Subject to the provisions of, and to the rules made under, this
Act, and, in the case of immovable property 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 promoter may—
(a) make such survey as he thinks necessary;
(b) place and maintain posts in or upon any
immovable property;
(c) suspend and maintain a rope over, along or
across any immovable property;
(d) make such bridges, culverts, drains,
embankments and roads as may be necessary;
(e) erect and construct
such machinery, office, 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 (c) of this sub-section, notwithstanding 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 fix
the amount of compensation, or of 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.
15. Temporary
entry upon land for repairing or preventing accident.— (1)
Subject to the rules made under this Act a promoter or his duly authorized
servant or agent may at any time for the purpose of examining, repairing, or
altering, an aerial ropeway, or of preventing any accident, enter upon any
immovable property adjoining such aerial ropeway, and may do all such works as
may be necessary for such purposes.
(2) In
the exercise of the powers conferred by sub-section (1) the promoter or his
duly authorized servant or agent, as the case may be, shall cause as little
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. Removal
of obstructions.— (1) Where any tree standing or lying near an aerial
ropeway, or where any structure or other object which has been placed or has
fallen near an aerial ropeway subsequent to the issue of an order under section
7 in regard to such aerial ropeway, interrupts or interferes with, or is likely
to interrupt or interfere with the construction, maintenance, alteration, or
use of the aerial ropeway, the Collector may, on the application of the
promoter, cause the tree, structure or object to be removed or otherwise dealt
with as he thinks fit. For the purpose of this sub-section the expression
“tree” shall be deemed to include any shrub, hedge, jungle growth or other
plant.
(2) When
disposing of an application under sub-section (1) the Collector shall award to
the person interested such compensation as the Collector deems reasonable, and
the Collector may recover such amount from the promoter as if it were an arrear
of land revenue.
17. Orders
of collector subject to revision by Provincial Government.— No suit
shall lie, in respect of any matter referred to in the proviso to sub-section
(1) of section 14, in sub-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
those sections, and every award made by him under sub-section (2) of section
16, shall be subject to revision by the [40][40][Provincial
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.
[41][41][Provided that no
order in revision under this section shall be passed unless the person to be
affected thereby is afforded an opportunity of being heard.]
WORKING OF
AERIAL ROPEWAYS
18. Promoter
may fix rates.— The promoter shall, for the purposes of working an
aerial ropeway, and subject to such maximum and minimum rates as may be
prescribed or ordered, have power from time to time to fix the rates for the
carriage of passengers, animals or goods on the aerial ropeway.
19. Duty of promoter to work aerial ropeway without partiality.— No promoter shall make or give any undue or unreasonable preference or
advantage to or in favour of any particular person or any particular
description of traffic in any respect whatsoever, or subject any particular
person or any particular description of traffic to any undue or unreasonable prejudice
or disadvantage in any respect whatsoever.
20. Reporting
of accidents.— When any of the following accidents occur in the
course of working an aerial ropeway, namely:-
(a) any accident
attended with loss of human life or serious physical injury to any human being,
or with serious injury to property;
(b) any accident of a description usually attended
with loss of human life or with serious physical injury as aforesaid, or with
serious injury to property;
(c) any accident of any other description which
the [42][42][Provincial
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 [43][43][Provincial
Government] and to the Inspector and the promoter’s servant incharge of the
station on the aerial ropeway nearest to the place at which the accident
occurred, or where there is no station, the promoter’s servant incharge of the
section of the aerial ropeway 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 occurred and to the officer incharge of the police
station within the local limits of which it occurred, or to such other
Magistrate and police officer as the [44][44][Provincial
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.
21. Power
to close and reopen aerial ropeways.— (1) If after
inspecting any aerial ropeway opened to public traffic, an Inspector is of
opinion that the aerial ropeway or any specified part thereof cannot be used
without 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 [45][45][Provincial
Government]; and the [46][46][Provincial
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
ropeways, 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 considers necessary, pending the
orders of the [47][47][Provincial
Government].
(2) When
under sub-section (1) an aerial ropeway or any part thereof has been closed to
any traffic, it shall not be reopened to such traffic until it has been
inspected and its reopening sanctioned, in the prescribed manner.
DISCONTINUANCE
OF AERIAL ROPEWAYS
22. Cessation of powers of promoter on discontinuance of aerial
ropeway.— If, at any time after the
opening of an aerial ropeway, it is proved to the satisfaction of the [48][48][Provincial Government] that the promoter has discontinued the working
of the aerial ropeway or of any part thereof, without a reason sufficient, in
the opinion of the [49][49][Provincial Government], to warrant such discontinuance, the [50][50][Provincial Government] may, if it thinks fit, declare by notification
in the official gazette, that the powers of the promoter in respect of such
aerial ropeway 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 determined, for a period of three months.
23. Powers of Provincial Government to remove aerial ropeway on
cessation of promoter’s powers.— (1) When a declaration
has been made by the [51][51][Provincial Government] under section 22 in respect of any aerial
ropeway or of any part thereof, an officer appointed in that behalf by the [52][52][Provincial 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 of a copy thereof, such officer
may, either by public auction or private sale, 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 so removed; and may, out of the proceeds of the
sale, pay and reimburse to himself the amount of costs certified as aforesaid
and the costs of the sale, and shall pay over the residue (if any) of such
proceeds to the promoter.
PURCHASE
OF AERIAL ROPEWAYS
24. Power
of Provincial Government and local authorities to purchase aerial ropeways.— (1) Where
the promoter is the [53][53][Provincial
Government], the [54][54][Provincial
Government] may at any time transfer the undertaking or any part thereof to—
(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 [55][55][Provincial Government] and the transferee.
(2) Where
the promoter is not the [56][56][Provincial
Government], the [57][57][Provincial
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 [58][58][Provincial
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 upon 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 earnings 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 the total amount so payable to
the promoter shall not exceed by more than twenty percent the total capital
expenditure of the promoter on the aerial ropeway, or part thereof.
(3) A
requisition shall not be made under sub-section (2) requiring the promoter to
sell to the local authority unless the making thereof has been approved by the
local authority.
(4) 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 22 or
section 26, 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 aerial ropeway had been constructed by
it under an order made under this Act.
(5) 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 their circles.
(6) Where
a purchase has been effected under sub-section (1) or sub-section (5),---
(a) the undertaking shall vest in the purchasers
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 to the
purchase money in substitution for the undertaking; and
(b) Save as aforesaid, the order published under
section 7 shall remain in full force, and the purchaser shall be deemed to be
the promoter:
Provided
that where the [59][59][Provincial
Government] elects to purchase, the order under section 7 shall, after
purchase, in so far as the [60][60][Provincial 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 [61][61][Provincial Government] or the local authority, as the case may be.
(8) Notwithstanding
anything hereinbefore contained, a local authority may, with the previous
sanction of the [62][62][Provincial
Government], waive its option to purchase and enter into an agreement with the
promoter for the working by him of the undertaking until the expiration of the
next subsequent period mentioned in the order or referred to in clause (b) of
sub-section (2), upon such terms and conditions as may be stated in the
agreement.
25. Power of promoter to sell when option to purchase not exercised
and order revoked by consent.— Where, on the expiration
of any of the periods referred to in section 24, neither the [63][63][Provincial Government] nor a local authority purchases the undertaking,
and the order published under section 7 is, on the application or with the
consent of the promoter revoked, 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.
INABILITY OR INSOLVENCY OF PROMOTER
26. Proceedings
in case of inability or insolvency of promoter.— (1) If, at any time
after the opening of an aerial ropeway, it appears to the [64][64][Provincial
Government] that the promoter is insolvent or is unable to maintain the aerial
ropeway or to work the same with advantage to the public, or at all, the [65][65][Provincial
Government] 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
said six months an officer appointed by the [66][66][Provincial Government] 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
27. Power
of promoter to make bye-laws.— (1) A promoter shall, subject to the
provisions of sub-section (3) make bye-laws consistent with this Act,---
(a) for regulating the speed at which carriers are
to be moved or propelled;
(b) for declaring what shall be deemed to be
dangerous or offensive goods and for regulating the carriage of such goods;
(c) for regulating the
maximum number of 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 power on the aerial ropeway;
(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 consignee 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 exceeding 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 [67][67][Provincial
Government] and published in the 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.
SUPPLEMENTARY
PROVISIONS
28. Returns.— A
promoter shall in respect of the aerial ropeway submit to the [68][68][Provincial
Government] returns of capital and revenue, expenditure, receipts, and traffic,
at such intervals and in such form as may be prescribed.
29. Protection
of roads, railways, tramways and waterways.— No promoter shall,
in the course of the construction, repair, working or management of an aerial
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.
30. Acquisition
of land on behalf of a promoter.— The [69][69][Provincial
Government] may, if it thinks fit, subject to the provisions of this Act, on
the application of any promoter desirous of obtaining any land for the purpose
of constructing, extending, working or managing an aerial ropeway, acquire on
his behalf such land under the provisions of Part VII of the Land Acquisition
Act, 1894[70][70], whether the said
promoter is or is not a company as defined in the Land Acquisition Act.
31. Notification
of claims to refunds of overcharges and to compensation for losses.— No person
shall be entitled to a refund of an overcharge in respect of animals or goods
carried by an aerial ropeway 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 on his
behalf to the promoter within six months from the date of the delivery of the
animals or goods for carriage by the aerial ropeway.
RULES BY
THE [71][71][PROVINCIAL GOVERNMENT]
32. Power
of Provincial Government to make rules.— (1) The [72][72][Provincial
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 powers and duties of an Inspector
appointed under section 11;
(b) the accidents of which notice shall be given
to the [73][73][Provincial
Government] and to the Inspector;
(c) the duties of the promoter’s servants and of
police officers, and magistrates, on the occurrence of an accident;
(d) the maximum and minimum rates for various
classes of goods 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 bye-laws
made under section 27;
(g) the intervals at which a promoter shall submit
returns under section 28 and the forms in which such returns shall be
submitted;
(h) the manner in which notices under this Act
shall be served;
(i) 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
ropeways;
(k) the conditions under which and the manner in
which the powers conferred on promoters by section 14 and section 15 may be
exercised;
(l) the procedure for the disposal of
applications under sub-section (2) of section 21 to reopen an aerial ropeway or
part thereof and the conditions under which such aerial ropeways 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, enquiries, inspections and
services rendered under this Act; and
(p) the procedure for making, hearing, and
disposing of applications under this Act.
(3) All
rules made under this section shall be published in the official gazette.
OFFENCES,
PENALTIES AND ARREST
33. Failure
of promoter to comply with Act.— If a promoter,---
(a) constructs or
maintains an aerial ropeway otherwise than in accordance with the terms of an
order made under section 8; or
(b) opens an aerial ropeway or permits it to be
opened in contravention of any of the provisions of section 7; or
(c) fails to comply with the provisions of section
13; or
(d) fails to pay within a reasonable time any
compensation awarded by a Collector under sections 14, 15, 16 or by the [74][74][Provincial
Government] or district judge under section 17; or
(e) contravenes any of the provisions of section
19; or
(f) fails to send notice of an accident as
required by section 20; or
(g) 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 section; or
(h) continues to exercise the powers of a promoter
in respect of any aerial ropeway in contravention of the provisions of section
22 or section 26; or
(i) fails to comply
with the provisions of section 27 or section 28; or
(j) contravenes any of the provisions of section
29; or
(k) contravenes the provisions of any rule made
under section 32;
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 rupees, 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.
34. Unlawfully
obstructing promoter’s servant in discharge of his duty.— If a
person without lawful excuse, the burden of proving which shall lie upon him,
wilfully obstructs or impedes any servant of a promoter in the discharge of his
duty, he shall be punishable with fine which may extend to one hundred rupees.
35. Unlawfully
interfering with aerial ropeway.— If any person without lawful excuse, the
burden of proving which shall lie upon him, wilfully does any of 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 [75][75][
he shall,
without prejudice to any other remedy which may be obtained against him in a
36. Punishments
for acts or attempts tending to endanger safety of persons travelling or being
upon aerial ropeways.— If any person does anything mentioned in
clause (a), clause (b) or clause (c) of section 35 or does, attempts to do, or
abets, within the meaning of the [77][77][Pakistan] Penal Code[78][78], the doing of any
other act or thing in relation to an aerial ropeway with intent, or with
knowledge that he 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 may extend to fourteen years.
37. Arrest
for offences against certain sections and procedure thereupon.— (1) If
any person commits any offence under section 34 or section 35 which obstructs
the working of an aerial ropeway, or commits any offence punishable with
imprisonment under section 36, he may be arrested without warrant or other
written authority by any servant of the
promoter, or by any police officer, or by any other person whom such servant or
officer may call to his aid.
(2) A person so arrested, with the least
possible delay, be taken before a Magistrate having authority to try him or to
commit him for trial.
[1][1]For statement of objects and reasons, see Punjab Gazette, 1925, Pt. V,pp. 358-360; for Select Committee’s Report, see ibid., 1926, Pt. V, pp. 62-79; and for proceeding in Council, see Punjab Legislative Council, Debates, Vol. VIII-B, p. 1831 and Vol. IX-A, pp.705 and 845.
This Act received the assent of the Governor of the Punjab on 27th March, 1926; that of the Governor-General on 2nd May, 1926; and, published in the Punjab Gazette (Extraordinary), dated: 18th May, 1926.
[2][2]Substituted,
for the words “Local Government”, by the Government of
[3][3]Ibid.
[4][4]The word “Indian” omitted by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), section 2 and Schedule I, Pt.II.
[5][5]VII of 1913.
[6][6]The word “Indian” omitted by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), section 2 and Schedule I, Pt.II.
[7][7]IV of 1890.
[8][8]Substituted,
for the words “Local Government”, by the Government of
[9][9]Ibid.
[10][10]Ibid.
[11][11]I of 1894.
[12][12]Substituted,
for the words “Local Government”, by the Government of
[13][13]The words, “at its discretion”, deleted ibid.
[14][14]Substituted, for the words “the Crown”, by the West Pakistan Laws (Adaptation Order) 1964, section 2(1) Schedule Part II.
[15][15]Substituted,
for the words “Local Government”, by the Government of
[16][16]Ibid.
[17][17]Ibid.
[18][18]Ibid.
[19][19]Substituted,
for the words “Local Government”, by the Government of
[20][20]Ibid.
[21][21]Substituted ibid.
[22][22]The words, “except Railways as defined by the Government of India Act, 1935, and with the previous sanction of the Central Government over such railways”, omitted by W.P. Laws (Adaptation) Order 1964, section 2(1), Schedule Pt.II.
[23][23]Substituted,
for the words “Local Government”, by the Government of
[24][24]Ibid.
[25][25]Substituted,
for the words “Local Government”, by the Government of
[26][26]Ibid.
[27][27]Ibid.
[28][28]Substituted,
for the words “Local Government”, by the Government of
[29][29]Ibid.
[30][30]Ibid.
[31][31]The words, “in it discretion” omitted ibid.
[32][32]Substituted ibid., for the words “Local Government”.
[33][33]Ibid.
[34][34]Ibid.
[35][35]Ibid.
[36][36]Substituted,
for the words “Local Government”, by the Government of
[37][37]Substituted, for the word “Indian”, by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), section 2 and Schedule I, Pt.II.
[38][38]XLV of 1860.
[39][39]Substituted,
for the words “by Government”, by the Government of
[40][40]Substituted,
for the words “Local Government”, by the Government of
[41][41]Added
by the
[42][42]Substituted,
for the words “Local Government”, by the Government of
[43][43]Ibid.
[44][44]Ibid.
[45][45]Ibid.
[46][46]Ibid.
[47][47]Substituted,
for the words “Local Government”, by the Government of
[48][48]Ibid.
[49][49]Ibid.
[50][50]Ibid.
[51][51]Ibid.
[52][52]Ibid.
[53][53]Substituted,
for the words “Local Government”, by the Government of
[54][54]Ibid.
[55][55]Ibid.
[56][56]Ibid.
[57][57]Ibid.
[58][58]Substituted,
for the words “Local Government”, by the Government of
[59][59]Substituted,
for the words “Local Government”, by the Government of
[60][60]Ibid.
[61][61]Ibid.
[62][62]Ibid.
[63][63]Substituted,
for the words “Local Government”, by the Government of
[64][64]Ibid.
[65][65]Ibid.
[66][66]Ibid.
[67][67]Substituted,
for the words “Local Government”, by the Government of
[68][68]Ibid.
[69][69]Substituted,
for the words “Local Government”, by the Government of
[70][70]I of 1894.
[71][71]Substituted,
for the words “Local Government”, by the Government of
[72][72]Ibid.
[73][73]Substituted,
for the words “Local Government”, by the Government of
[74][74]Substituted,
for the words “Local Government”, by the Government of
[75][75]Substituted, for the word “Indian.”, by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), section 2 and Schedule I, Pt.II.
[76][76]XLV of 1860.
[77][77]Substituted, for the word “Indian.”, by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), section 2 and Schedule I, Pt.II.
[78][78]XLV of 1860.
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