(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 serial 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 is to be opened in contravention of any of the provisions of section 14, or 11 [(cc) fails to carry out inspection under sub-section (2) of section I4A, or]
(d) fails to pay within a reasonable time any compensation awarded under section 15, 16, 17 or 29, or
(e) contravenes any of the provisions of section 19, or 12 [(ee) fails to obtain policy of insurance under sub-section (l) of section 19A, or
(eee) fails to pay within reasonable time, compensation payable under section 19B, 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 aerial 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 may 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 fire which may extend to 13 [ten thousand rupees] and, in the case of a continuing offence, to a further fine which may extend in the case of any offence specified in sub-clause (d), (c),
(f), (i) or (k) of clause (2) to 14 [two thousand five hundred 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 15 [fifty thousand rupees] for every day after the first conviction during which the offence continues to be committed.
34. If any person without lawful excuse, the burden of proving which shall be upon him, willfully obstructs any person acting under the authority of the promoter in the lawful exercise of his powers in constructing, maintaining, altering, repairing using or working all aerial ropeway, or destroys any mark made for the purpose of setting out the line or route of such ropeway, he shall, on conviction, be punished with fine which may extend to 16 [ten thousand rupees].
Temporary occupation of land in case of private aerial ropeway.
Failure of person or promoter to comply with Act.
Unlawfully obstructing promoter or lessee in exercise of his powers.
[1956: Bom. III
35. If any person without lawful excuse, the burden of proving which shall be 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 traveling on an aerial ropeway.
(c) Attempts to do or abets within the meaning of the Indian Panel Code, 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 Court, on conviction, be punished with fine which may extend to 17 [ten thousand rupees].
36. If any person does anything mentioned in clause (a), (b) or (c) section 35 or does, attempts to do, or abets, within the meaning of the Indian Penal Code, 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 traveling or being upon the aerial ropeway, he shall, on conviction, be punished with imprisonment for a term which may extend to fourteen years.