MAR Act 33Chapter V · Offences, Penalties and Arrest

Section 33 · Failure of person or promoter to comply with Act

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(1)

If any person constructs, opens maintains or works any aerial ropeway, in contravention of the provisions of section 5, or

(2)

if any promoter of an aerial ropeway for public traffic-

(a)

constructs or maintains an aerial ropeway otherwise than in accordance with the provisions of an order made under section 10, or

(b)

fails to comply with the provisions of section 13, or

(c)

opens an aerial ropeway or permits it to be opened in contravention of any of the provisions of section 14, or

(d)

fails to pay within a reasonable time any compensation awarded under sections 15, 16, 17, or 29, or

(e)

contravenes any of the provisions of section 19, or

(f)

fails to send notice of any 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 re-opens 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 serial ropeway, in contravention of the provisions of section 22 or section 26, or

(i)

fails to comply with the provisions of section 38, or

(j)

contravenes any of the provisions of section 39, or

(k)

contravenes the provisions of any rule made under section 45,
such person or the promoter, as the case my be, 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, on conviction, be punished with fine which may extend to two hundred rupees and, in the case of a continuing offence, to a further fine which my extend in the case of an offence specified in sub-clause (d), (e), (f) (i), (j) of (k) of clause (2) to fifty rupees, and in the case of an offence specified in clause (1) or sub-clause (a), (b), (c), (g), or (h) of clause (2) to one thousand rupees for every day after the first conviction during which the offence continues to be committed.

The offence at a glance

Fine
₹200
Cognizable
Non-cognizable
Bailable
Bailable
Compoundable
Not compoundable
Triable by
Any Magistrate
  • Non-cognizable — Police cannot investigate without a Magistrate's order
  • Bailable — Bail is your right — it can be granted at the police station

Derived from the First Schedule Part II rule — not listed section by section

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