(1) No order shall be made by the State Government under-section (1) of section 30 until an inquiry has been held as hereinafter provided and the intending promoter has entered into an agreement with the State Government in respect of the matters mentioned in sub-section (4).
(2) Such inquiry shall be held by the officer and at such time and place as the State Government shall appoint.
(3) Such officer may summon and enforce the attendance of witnesses and compel the production of documents by the same means and, as far as possible in the same manner as is provided by the Code of Civil Procedure, 1908, in the case of civil court.
(4) Such officer shall report to the State Government the result of the inquiry, and if the State Government is satisfied that the aerial ropeway is or is likely to be useful to the public, it shall, subject to the rules, require the intending promoter to enter into an agreement with the State Government providing to the satisfaction of the State Government for the following matters, namely :-
(a) the terms on which the aerial ropeway shall be held by the promoter ;
(b) the time within which, and the conditions on which, the aerial ropeway shall be constructed, maintained and used.
(5) Every such agreement shall, soon as may be after its execution, be published in the Official Gazette.
Orders of Collector subject to revision by State Government.
Application for acquisition of land in case of certain private aerial ropeways.
I of 1894 1 of 1956.
I of 1894 Agreement.
V of 1908.
[1956: Bom. III
32. If land to be occupied temporarily in accordance with the provisions of subsection (1) of sections 30 on behalf of the promoter of an aerial ropeway for private traffic, and if the State Government, on the application of the promoter, so directs, then the provisions of Part VI of the Land Acquisition Act, 1894, shall apply to such occupation, subject to the provisions that, notwithstanding anything contained in section 36 of the Land Acquisition Act, 1894, the occupation payable to the persons interested in such land shall be fixed with due regard to any additional loss or inconvenience caused to them by reason of such period of occupation, including loss caused by the interruption of the getting of minerals by reasons of such occupation.
CHAPTER V.
OFFENCES, PENALTIES AND ARREST.