Act No. 18 of 1997
13th October 1997
An Act to authorise, facilitate and regulate the construction and working of ropeways in the State of Rajasthan.
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(1) If after inspecting any ropeway opened to traffic, the District Inspector is of opinion that the 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 Licensing Authority, and the Licensing Authority after such further inquiry, if any, as he may think fit, may thereupon order that, for reasons to be set forth in the order, the ropeway, 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 District Inspector may order the suspension of the working of the ropeway or any part thereof which he considers necessary pending the order of the Licensing Authority, the District Inspector shall forthwith make a report of his order to the Licensing Authority who will make necessary order within a period of seven d
If, at any time after the opening of a public ropeway, it is proved to the satisfaction of the Licensing Authority that the promoter has discontinued the working of such ropeway or of any part thereof; without a reason sufficient, in the opinion of the Licensing Authority to warrant such discontinuance the Licensing Authority may, if he thinks fit after affording a reasonable opportunity of being heard to the promoter, declare, by notification in the Official Gazette, that the powers of the promoter in respect of such 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 a ropeway shall be deemed to have been discontinued if it has ceased for the period determined in the license published under section 10, or if the period has not been so determined, for a period of three months.
(1) When a declaration has been made by the Licensing Authority Under section 20 in respect of any public ropeway or of any part thereof, an officer appointed in that behalf by the Licensing Authority may at any time after the expiration of two months from the date determined as aforesaid, remove such 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, with the written consent of the promoter, by private sale, and with due notice to the promoter but 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 public ropeway or part thereof so removed; and may, out of the pro
(1) All orders made by the Licensing Authority or the Collector under this Act except those which are made by the Collector under the provisions of the Land Acquisition Act, 1894 (Central Act No. 1 of 1894), shall be appealable within thirty days from the date of order and the appeal shall lie to the State Government.
(2) Any appeal preferred under sub-section (1) shall normally be disposed of by the State Government within three months from the date of receipt of the appeal.
(3) The State Government may, of its own motion, call for and examine the records of any proceedings for the purpose of satisfying itself as to the legality or property of any order made under this Act by the Licensing Authority or the Collector not being an award or order made or passed by the collector under the provisions of the Land Acquisition Act, 1894 (Central Act No. 1 of 1894) and if in any case it shall appear to the State Government that any such order should be modified, annulled or r
No promoter shall, in the course of the construction, repair, working or management of a ropeway, cause any permanent injury to any public road, railway, or waterway, if any, or a high tension power line or any other thing of a public utility service or obstruct or interfere with, otherwise than temporarily as may be necessary, the traffic on any public road, railway, or waterway.
If a promoter -
The State Government may, by notification in the Official Gazette, delegate all or any of the powers conferred on it by this Act, except that of making rules, to the Licensing Authority or to any other authority, to be exercised within such area and subject to such conditions as may be specified in the notification.
(1) The State Government may, after previous publication, make rules to carry out the purpose of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may prescribe-
(1) These rules may be called the Rajasthan Ropeways Rules, 2000.
(2) They shall come into force at once.
In these rules, unless the subject or context otherwise requires-
(1) The Chief Inspector shall have power to inspect any Ropeway in the State at any time and it shall be his duty to inspect every Ropeway at least once in a year;
(2) It shall be the duty of the Chief Inspector, while inspecting any Ropeway, to ensure that-
(1) The District Inspector shall have power to inspect any Ropeway under his jurisdiction at any time and it shall be his duty to inspect every Ropeway at least once in a quarter.
(2) The District Inspector, while inspecting the Ropeway shall ensure that-
(1) Whenever any accident occurs in the working of a Ropeways involving loss of human life or serious physical injury to a human being, the promoter or any person acting for the time being as incharge of Ropeways system on his behalf, or any person duly authorised by him in this behalf shall, besides informing the officer in charge of a police station having Jurisdiction over the area where the site of the accident is situated and taking necessary steps for first aid and seeking necessary medical aid from the nearest hospital or Dispensary, inform forthwith in writing to the Licensing Authority, the Collector and District Magistrate of the District in which the accident occurs, setting out all necessary details of the persons involved with accident including name parentage, age, sex, address and nationality of the person as also circumstances under which the accident occurred.
(2) Whenever any accident occurs in the course of working of a Ropeways and no loss of human life o
(1) The promoter and his servants running the Ropeways, on occurrence of any accident, besides taking necessary steps and intimating the various authorities about the accident under rule 5, shall take urgent steps providing for medical facilities to the persons injured in the accident and when loss of human life is involved, the dead bodies of the victims of accident shall be kept with due care and dignity till such time the officers in charge the police station having jurisdiction takes charge of the bodies or are carried to a Hospital or Dispensary for post-mortem.
(2) The Collector and Distract Magistrate on receipts of information of accident involving loss of human life shall either personally visit the site of accident or direct the Executive Magistrate having Jurisdiction to visit the site of accident and supervise the expeditious and timely completion of legal prerequisites for handing over to the next of kin, of the dead bodies of the persons met with accident on a
The standard dimensions and specifications of a Ropeway shall be such as may be specified by the State Government in the Tourism Department, on receipt of a project report from the Licensing Authority, in respect of each and every individual Ropeway project and the same shall form part of the license agreement.
The notice under the provisions of the Act shall be served by delivering the same personally or by means of registered post.
(1) Every promoter of a Ropeway installed for the purpose of carrying passengers, goods or animals shall make necessary arrangement for efficient and safe working of the Ropeways.
(2) The person in charge of the Public Ropeways acting on the authority of the promoter shall each time before the start of the Ropeway operations ensure that,-
(3) Every promoter of a Ropeway meant for industrial use shall make necessary arrangement for efficient and safe working of the Ropeway.
(4) The person in-charge of the Ropeway (meant for industrial use) acting on the authority of the promoter shall, each time before the start of Ropeway operation ensure that-
(1) The promoter may, in respect of the property not belonging to the promoter, exercise power under subsection (1) of 14 of the Act only when the Collector of the District authorizes him to do so after following the due procedure under and in accordance with the provisions of the Land Acquisition Act, 1894 (Central Act No. 1 of 1894).
(2) In respect of the matter covered under proviso to sub-section (1) of section 14 of the Act, the power can be exercised by the promoter only when the Collector passes orders and determines compensation under sub-section (2) of section 14 and the amount of compensation or in the case of annual rent, the first annual installment has been paid to the owner of the property affected there by.
(3) The promoter while exercising power under section 14 and 15 of the Act, shall act with dignity and honour with the owner of the property effected by the exercise of power under section 14 and 15 and before entering in or upon any land or premises
(1) Whenever any Ropeway is closed to all traffic or any specified class of traffic under sub-section (1) of section 19 of the Act, the same shall not be opened to said traffic until the-
(2) Upon consideration of the report of the District Inspectors or Chief Inspector
(1) All appeals under section 22 of the Act shall be preferred in the form of a plaint as provided under the Code of Civil Procedure, 1908 (Central Act No. 5 of, 1908) stating the cause of action, grounds of appeal and the relief sought and shall be addressed to the Secretary to the Government of Rajasthan, Tourism Department.
(2) On receipt of an appeal, the Secretary to the Government shall process the appeal on a new file and submit forthwith the same to the Minister In-charge of the Tourism Department and the Minister shall fix time place and date of hearing and orders for issue of the notices to the concerned parties including the authority against whose order the appeal has been preferred. The notice shall be served either personally or by registered post.
(3) On the date so fixed under sub-rule (2), the Minister In-charge shall hear the parties and record evidence and also allow any documents to be exhibited.
(4) After hearing the parties, the Minister I
(1) An application made by any person to the Licensing Authority under section 6 for the permission to undertake preliminary investigation for the Ropeway shall be accompanied by an application fee of rupees one thousand.
(2) The application fee shall be deposited in head of account of the State Government and in the manner as may be specified by the Licensing Authority.
(3) The Chief Inspector of Ropeway for the State and the Inspector of Ropeways for a District appointed under section 4 of the Act shall be paid a fee of rupees one thousand by the promoter as and when he may visit for inspection of the Ropeway or called upon to do so by the promoter. The fee thus received by the Chief Inspector and the Inspector for the District, shall be deposited in the account of the State Government in the manner as may be specified by the State Government.
(4) Whenever any license is granted to any promoter, he shall deposit a license fee of rupees five thousand in the ac
(1) An Application by an intending promoter for permission to undertake investigation in regard to setting up a Ropeway shall be made in Form 'A' appended to these rules.
(2) Upon receipt of an application under sub-rule(1), the Licensing Authority shall scrutinise the application and may seek such further information from the applicant (the intending promoter) in order to form any fair idea of the proposal.
(3) After considering all the details in the application and as also additional details, if any, if the Licensing Authority is satisfied that proposal to undertake preliminary investigation for setting up of a Ropeway is worth acceptable, he may accord sanction for preliminary investigation in accordance with the provisions of section 8 of the Act.
(4) Where the preliminary investigation is proposed to be conducted in or over the land or premises not belonging to the applicant (the intending promoter), the Licensing Authority in his capacity as Collector of
The promoter shall take adequate measures for safety against out break of fire and shall install necessary fire lighting equipment at the Ropeway establishment and its all systems.
(1) The promoter shall maintain sufficient stock of first aid material including common unrestricted medicines at convenient place of the Ropeway system for being used during emergencies.
(2) the promoter shall get some of its employees trained in emergent handling of cases needing first aid and be in touch with the nearest hospital, dispensary and medical practitioner for prompt relief if the situation to warrants.
(1) The promoter of a public Ropeway shall make necessary arrangements at the entry and exit points for safe, convenient and comfortable stay of the persons using the Rope way system.
(2) facility of pure drinking water may be provided at entry or exist points as also at various sub-systems or junctions, if any. During summer, it may be ensure that the water made available is cool.
(3) adequate facilities for toilets and urinals shall be provided by the promoter at all entry, exit and waiting places.
(4) where any stalls or eating jaunts or counter or stalls of cold drink or hot drinks are provided either by the promoter or under License from him in the premises under his control or possession shall ensure that reasonable rates of all these things are charged from the persons and each counter or stall shall conspicuously display rate chart.
(5) In case where the rates are found to be excessive in comparison to that class of things supplied in the areas/t
(1) With a view to ensure that the Ropeway attracts good number of inland and foreign tourists, the Director Tourism, Art and Culture Department, Rajasthan or any Officer subordinate to him duly authorised by him in that behalf may, inspect the Ropeway installations its appurtenances and facility areas and make suggestions to the promoter for improvements in the existing facilities as also to provide additional facilities to the tourists and other people using in the Ropeway.
(2) Where suggestion made by the Officers of the Tourism Department are not taken into consideration by the promoter within a reasonable period, the matters shall be referred to the Licensing Authority and the Licensing Authority on being satisfied as to be appropriateness of those suggestions, shall take adequate measures under the provisions of the Act and these rules as also under the terms and conditions of License to implement the suggestions made under sub-rule(1).
(See Rule 14)
(See rule 14 (10))
(See rule 9(7))
1. Name of the Ropeway system with location
2. Name of the Promoter
3. Name of the person for the time being in-charge of the Ropeway operations.
| Date | Time |
|---|
Name of the Technical Officer/ Employee or any other person Carrying out inspection
Details of Inspections:
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