Publication of proposed order authorizing construction and contents of such order

§6

Summary

ORDERS AUTHORIZING THE CONSTRUCTION OF AERIAL ROPEWAYS 6. (1) The State 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 by or on behalf of such promoter, subject to such restrictions and conditions as he State Government may think proper, of an aerial ropeway within any specified area or along any specified route. (a) for the public carriage of passengers; (b) for the public carriage of passengers, animals and goods; Or (c) for the public carriage of animals and goods. (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 State Government on or before a date to be specified in the notice, be received and considered. (3) The State 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) conditions under which a concession, guarantee or financial assistance may be given by the State Government, or a local authority to the promoter; (v) rights of purchase by the State Government or a local authority; (vi) rules regarding audit and accounts ; (vii) rules regarding arbitration for the settlement of disputes ; (viii) specifications relating to the structural design, quality of materials, factors of safety, method of computing stresses, and other such technical details as may be considered necessary ; (ix) rules relating to the construction of the ropeway over railways, roads or other public ways of communication; (x) conditions under which the promoter may sell or transfer his rights to another Company; (xi) conditions under which the ropeway may be taken over by the State Government to be worked by itself or by a local authority or by a company 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 rope at which bridges or guards shall be constructed and maintained; (xv) the amount of security, if any, to be deposited by the promoter in the event of his application being granted; and (xvi) such other matters as the State Government may deem necessary.

<center class="font1">ORDERS AUTHORIZING THE CONSTRUCTION OF AERIAL ROPEWAYS</center> 6. (1) The State 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 by or on behalf of such promoter, subject to such restrictions and conditions as he State Government may think proper, of an aerial ropeway within any specified area or along any specified route. (a) for the public carriage of passengers; (b) for the public carriage of passengers, animals and goods; <center class="font1">Or</center> (c) for the public carriage of animals and goods. (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 State Government on or before a date to be specified in the notice, be received and considered. (3) The State 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) conditions under which a concession, guarantee or financial assistance may be given by the State Government, or a local authority to the promoter; (v) rights of purchase by the State Government or a local authority; (vi) rules regarding audit and accounts ; (vii) rules regarding arbitration for the settlement of disputes ; (viii) specifications relating to the structural design, quality of materials, factors of safety, method of computing stresses, and other such technical details as may be considered necessary ; (ix) rules relating to the construction of the ropeway over railways, roads or other public ways of communication; (x) conditions under which the promoter may sell or transfer his rights to another Company; (xi) conditions under which the ropeway may be taken over by the State Government to be worked by itself or by a local authority or by a company 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 rope at which bridges or guards shall be constructed and maintained; (xv) the amount of security, if any, to be deposited by the promoter in the event of his application being granted; and (xvi) such other matters as the State Government may deem necessary.

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