MAR Act 9Chapter III · Aerial Ropeways for Public Traffic

Section 9 · Order authorizing construction and contents of such order

(1)

The State Government may, on application made by any intending promoter, and after due consideration of the details supplied in accordance with section 8, publish in 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 the State Government may think proper, of an aerial ropeway within any area, or along any route specified in such order-

(a)

for the public carriage of passengers;

(b)

for the public carriage of passengers and goods;

(c)

for the public carriage of animals and goods; or

(d)

for the public carriage of passengers, animals and goods.

(2)

A notice shall be published with the draft order stating that any objection or suggestion which any person may desire to make with respect to the proposed order, if submitted to the State Government 'within three months from the date of publication of such notice will be considered by the State Government.

(3)

The State Government shall also 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 the period specified in such notice and decide thereon.

(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 conditions under which any concession may -be given by the State Government or a local authority to the promoter;

(v)

subject to the provisions of section 24, the rights of purchase by the State Government by a Local Authority concerned; '

(vi)

the conditions relating to the structural design, quality of materials, factors of safety, method of computing stresses, and other such technical detail as may be considered necessary;

(vii)

the conditions relating to the construction of the aerial ropeway over public ways of communication expect highways .which are or have been declared by or under any law made by Parliament to be national highways, railways, and tramways not wholly within a municipal area, and, with the previous consent of the Central Government or the railway administration, as the case may be, over such national highways, railways and tramways or over mining properties;

(viii)

the conditions under which the promoter may sell or transfer his rights to the State Government or to a local authority, or to any other person;

(ix)

the conditions under which the aerial ropeway may be taken over by the State Government to be worked by itself or by a authority or by a person other than the promoter;

(x)

the motive power to be used on the aerial ropeway and the conditions, if any, on which such power may be used;

(xi)

the minimum headway to be maintained under different parts of the rope;

(xii)

the points under the rope at which bridges or guards shall be constructed and maintained;

(xiii)

the amount of security, if any, to be deposited by the promoter in the event of his application being granted;

(xiv)

the traffic which may be carried on the aerial ropeway, the traffic which the promoter shall be bound to carry, and the traffic which he may refuse to carry;

(xv)

subject to the provisions of section 18, the 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 State Government; and

(xvi)

such other matters as the State Government may deem necessary.

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