MISCELLANEOUS

Power of State Government to make rules.

§45

Summary

(1) The State Government may, subject to the condition of 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 provide for the following matters :- (a) powers of Inspectors under section 4; (b) the payment of money or lodging of securities, by way of deposit, by the intending promoter before an order is published under sub-section (2) of section 10; the investment of money so paid; the disposal of interest or dividends from time to time accruing due on money or securities so paid, lodged or invested; the application of the money or securities or the interest or dividend thereon for discharging of any liabilities incurred by the promoter; and the forfeiture, repayment or return of the money or securities; (c) the plans and sections of any works to be deposited by the intending promoters in respect of an order under section 10; (d) rules for the purposes of section 14 relating to the safe and efficient working of an aerial ropeway including- (i) the regulation of the use of steam power or any other mechanical power or electrical power on a ropeway, (ii) the standard dimensions and specifications with which the aerial ropeway shall conform, (iii) the rate of speed at which carriers are to be moved or propelled, (iv) the goods which shall be deemed to be dangerous or offensive goods, and the carriage of such goods by aerial ropeway, (v) the maximum number of passengers and animals, and the minimum weight of goods to be carried in each carrier of an aerial ropeway, (vi) the conduct of the promoters servants, and (vii) 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; (e) the conditions under which and the manner in which the powers conferred on promoters by sub-section (1) of section 15 and sub-section (1) of section 16 may be exercised; (f) the maximum and minimum rates to be prescribed under section 18 and section 27; (g) the accidents of which notices shall be given to the State Government and to the Inspector under clause (c) of section 20 and duties of the promoters servants, police officers, and Magistrates on accidents reported under that section; (h) the procedure for the disposal of applications under sub-section (2) of section 21 to re-open an aerial ropeway for public traffic or part thereof and the conditions under which such ropeway may be re-opened; (i) the method of arbitration for the settlement of disputes under section 24; (j) the procedure for filing, hearing and disposing of applications for revision under this Act, and the manner in which the advice of the Advisory Board may be taken under section 28; (k) the intervals at which and the form in which returns shall be submitted under section 38; (1) the preparation, submission and auditing of the accounts of the promoter; (m) the manner in which notices 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 fees to be charged to promoters and other persons in respect of applications, inquiries, inspection and services rendered under this Act; and (p) any other matter which is or to be prescribed under this Act. (3) All rules made under this section shall be published in the Official Gazette, 1(4) Every rule made under this section shall be laid as soon as may be after it is made before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, and notify such decision in the Official Gazette, the rule shall from the date of publication of such notification 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 or omitted to be done under that rule.

(1) The State Government may, subject to the condition of 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 provide for the following matters :- (a) powers of Inspectors under section 4; (b) the payment of money or lodging of securities, by way of deposit, by the intending promoter before an order is published under sub-section (2) of section 10; the investment of money so paid; the disposal of interest or dividends from time to time accruing due on money or securities so paid, lodged or invested; the application of the money or securities or the interest or dividend thereon for discharging of any liabilities incurred by the promoter; and the forfeiture, repayment or return of the money or securities; (c) the plans and sections of any works to be deposited by the intending promoters in respect of an order under section 10; (d) rules for the purposes of section 14 relating to the safe and efficient working of an aerial ropeway including- (i) the regulation of the use of steam power or any other mechanical power or electrical power on a ropeway, (ii) the standard dimensions and specifications with which the aerial ropeway shall conform, (iii) the rate of speed at which carriers are to be moved or propelled, (iv) the goods which shall be deemed to be dangerous or offensive goods, and the carriage of such goods by aerial ropeway, (v) the maximum number of passengers and animals, and the minimum weight of goods to be carried in each carrier of an aerial ropeway, (vi) the conduct of the promoters servants, and (vii) 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; (e) the conditions under which and the manner in which the powers conferred on promoters by sub-section (1) of section 15 and sub-section (1) of section 16 may be exercised; (f) the maximum and minimum rates to be prescribed under section 18 and section 27; (g) the accidents of which notices shall be given to the State Government and to the Inspector under clause (c) of section 20 and duties of the promoters servants, police officers, and Magistrates on accidents reported under that section; (h) the procedure for the disposal of applications under sub-section (2) of section 21 to re-open an aerial ropeway for public traffic or part thereof and the conditions under which such ropeway may be re-opened; (i) the method of arbitration for the settlement of disputes under section 24; (j) the procedure for filing, hearing and disposing of applications for revision under this Act, and the manner in which the advice of the Advisory Board may be taken under section 28; (k) the intervals at which and the form in which returns shall be submitted under section 38; (1) the preparation, submission and auditing of the accounts of the promoter; (m) the manner in which notices 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 fees to be charged to promoters and other persons in respect of applications, inquiries, inspection and services rendered under this Act; and (p) any other matter which is or to be prescribed under this Act. (3) All rules made under this section shall be published in the Official Gazette, 1(4) Every rule made under this section shall be laid as soon as may be after it is made before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, and notify such decision in the Official Gazette, the rule shall from the date of publication of such notification 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 or omitted to be done under that rule.

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