[1]THE PUNJAB AERIAL ROPEWAYS ACT, 1926
( V of
1926)
[18th
May, 1926]
An
Act
to authorize, facilitate, and
regulate the construction and working of aerial ropeways in the Punjab
Preamble.— WHEREAS it is expedient to
authorize, facilitate, and regulate the construction and working of aerial
ropeways in the Punjab and whereas the previous sanction of the Governor-General
to the passing of this Act has been obtained; 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 Punjab.
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, warehouses, 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 authorizing 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;
(8)
“Promoter” means—
(i)
the 3[ Provincial Government],
(ii)
a local authority,
(iii)
any person,
(v)
any railway company as defined in the [4][* * *] Railway Act,
18907, 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 [5][Provincial
Government] in regard to a proposed aerial ropeway for permission to undertake
the necessary preliminary investigations shall be submitted to the 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 [6][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[7],
the [8][Provincial
Government] may, [9][*
* *] 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 [10][
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 [11][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[
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 [12][Provincial
Government] on or before a date to be specified in the notice, be received and
considered.
(3)
The [13][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 [14][Provincial
Government] or a local authority to the promoter;
(v)
the rights of purchase by the 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;
[15][(ix)the rules
relating to the construction of the aerial ropeway over roads and other public
ways of communication, [16][[ * * *]];
(x)
the conditions under which the promoter may sell or
transfer his rights to the [17][
Provincial Government], or a local authority, or person;
(xi)
the conditions under which the aerial ropeway may be
taken over by the 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 [18][
Provincial Government];
(xvii)
the amount of security, if any, to be deposited by the
promoter in the event of his application being granted; and
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 [20][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 [21][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[Provincial Government] prolongs the time so
specified, cease to be exercised.
9.
Further
order.— (1) The [22][Provincial
Government] [23][*
* *] 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[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 [24][Provincial
Government] has by order sanctioned the opening thereof for that purpose. The
sanction of the [25][Provincial
Government] under this section shall not be given until an Inspector has
reported in writing to the 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 [26]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 [27][Pakistan]
Penal Code38,
and shall for that purpose have such powers as may be prescribed [28] [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 there under.
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 subsection,
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 [29][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.
[30][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 [31][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[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 [32][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 [33][Provincial
Government]; and the 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 [34][
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 [35][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 [36][Provincial
Government], to warrant such discontinuance, the [37][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 [38][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[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 [39][Provincial
Government], the 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 [40][
Provincial Government] and the transferee.
(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 [42][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 [43][Provincial
Government] elects to purchase, the order under section 7 shall, after
purchase, in so far as the 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 [44][
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[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 [45][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[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 [46][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[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 [47][
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[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 [48][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, 189470,
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 [[49]][
PROVINCIAL GOVERNMENT
32.
Power of
Provincial Government to make rules.— (1) The 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 [50][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 [51][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 subsection (1) of section 21 or reopens any aerial ropeway
in contravention of subsection (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,
willfully 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, willfully 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[Pakistan] Penal Code76, the doing of anything
mentioned in clause (a) or clause (b); he shall, without prejudice to any other
remedy which may be obtained against him in a Civil Court, be punishable with
fine which may extend to two hundred rupees.
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[Pakistan] Penal Code78, 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 shall, with the least possible delay, be taken before a Magistrate
having authority to try him or to commit him for trial.
[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]
Substituted, for the words “Local Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937, as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937. 3 Ibid.
[3]
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
VII of 1913.
[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. 7
IV of 1890.
[5]
Substituted, for the words “Local Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937, as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937. 9 Ibid.
[6]
Ibid.
[7]
I of 1894.
[8]
Substituted, for the words “Local Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937, as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937.
[9]
The words, “at its discretion”, deleted ibid
[10]
Substituted, for the words “the Crown”, by the West Pakistan Laws (Adaptation
Order) 1964, section 2(1) Schedule Part II.
[11]
Substituted, for the words “Local Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937, as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937. 16 Ibid
[12]
Ibid.
[13]
Ibid.
[14]
Substituted, for the words “Local Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937, as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937. 20 Ibid.
[15]
Substituted ibid.
[16]
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.
[17]
Substituted, for the words “Local Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937, as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937. 24 Ibid.
[18]
Substituted, for the words “Local Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937, as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937.
[19]
Ibid
[20]
Ibid
[21]
Substituted, for the words “Local Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937, as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937. 29 Ibid
[22]
Ibid
[23]
The words, “in it discretion” omitted ibid. 32 Substituted ibid., for the
words “Local Government”.
[24]
Ibid.
[26]
Substituted, for the words “Local Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937, as amended by the
[27]
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
XLV of 1860.
[28]
Substituted, for the words “by Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937, as amended by the
[29]
Substituted, for the words “Local Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937, as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937.
[30]
Added by the Punjab Aerial Ropeways (Amendment) Ordinance, 1985 (XI of 1985).
[31]
Substituted, for the words “Local Government”, by the Government of India (Adaptation
of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation
of Indian Laws) Supplementary Order, 1937. 43 Ibid.
[32]
Ibid.
[34]
Substituted, for the words “Local Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937, as amended by the
[35]
Ibid.
[36]
Ibid.
[37]
Ibid.
[39]
Substituted, for the words “Local Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937, as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937. 54 Ibid.
[40]
Ibid.
[42]
Substituted, for the words “Local Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937, as amended by the
[43]
Substituted, for the words “Local Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937, as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937 60 Ibid.
[45]
Substituted, for the words “Local Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937, as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937. 64 Ibid.
[47]
Substituted, for the words “Local Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937, as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937. 68 Ibid.
[48]
Substituted, for the words “Local Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937, as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937. 70 I of 1894.
[49]
Substituted, for the words “Local Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937, as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937. 72Ibid.
[50]
Substituted, for the words “Local Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937, as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937.
[51]
Substituted, for the words “Local Government”, by the Government of India
(Adaptation of Indian Laws) Order, 1937, as amended by the Government of India
(Adaptation of Indian Laws) Supplementary Order, 1937. 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 XLV
of 1860. 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
XLV of 1860.
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