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Section 30

The United Provinces Aerial Ropeways Act 1922State Act of Uttarakhand · Act 1 of 1922

(1) The State Government may after previous publication, make [rules] 1 to carry out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may prescribe--

(a) the power and duties of an Inspector appointed under section 11 ;

(b) the duties of the promoter's servants, police officers, and magistrates on the occurrence of an accident;

(c) the maximum and minimum rates which a promoter may fix under section 19;

(d) the standard dimensions and specifications to which the aerial ropeway is to conform.

1.For rules see notifications no. 499 R/C-66-1930 dated June 19 1931, no. 490-3 R/84 R-1936., dated May I, 1937 and no. 490-(2)-R/84R, dated May 31, 1937 in Gaz. 1931 Pt. I, pp, 672-674, ibid, 1937, Pt. 1 P. 1033 and ibid 1937 Pt. I, P. 1128, respectively.

42 [The United Provinces Aerial Ropeways Act, 1922] [Section 31-32]

(e) the manner of previous publication of bye-laws made under section 26 ;

(f) the intervals at which a promoter shall submit returns under section 27 and the forms in which such returns shall be submitted;

(g) the manner in which notices under this Act shall be served;

(h) the manner in which and the conditions under which the through booking of goods may be permitted between an aerial ropeway and a railway, tramway or another -aerial ropeway ; and

(i) the safe and efficient working of aerial ropeways.

(3) All rules made under this section shall be published in the Official Gazette.

OFFENCES, PENALTIES AND ARREST Failure of promoter to comply with Act 31 .

If a promoter-

(a) constructs or maintains an aerial ropeway otherwise than in accordance with the terms of an order made under section 7 ; or

(b) opens an aerial ropeway or permits it to be opened in contravention of any of the provision of section 10; or

(c) fails to comply with the provisions of section 13; or

(d) fails to pay within a reasonable time any compensation awarded by the Collector under section 15, 16 17 or by the District Judge under section 18; or

(e) contravenes any of the provisions of section 20; or

(f) fails to send notice of any accident as required by section 21 ; or

(g) fails to close an aerial ropeway in accordance with an order passed under subsection (If of section 22, or re-opens any aerial ropeway in contravention of subsection (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 23 or section 25 ; or

(i) fails to comply with the provisions of section 26 or section 27; or

(j) contravenes any of the provisions of section 28 ; or

(k) contravenes the provisions of any rule made under section 30 ;

he 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) be punishable with fine which may extend to two hundred rupees, and in the case of a continuing offence, to a further fine which may extend to fifty rupees for every day after the date of the first conviction during which the offender is proved to have persisted in the offence.

Unlawfully obst-ructing promoter’s servant in discharge of his duty 32 .

If a person willfully obstructs or impedes any servant of the promoter in the discharge of his duty he shall be punishable with fine which may extend to one hundred rupees 43 [The United Provinces Aerial Ropeways Act, 1922] [Section 33-36] Unlawfully interfering with aerial ropeway 45 of 1860

33. If any person without lawful excuse, the burden of proving which shall lie 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 a manner as to obstruct any carrier traveling on an aerial ropeway;

(c) attempts to do or abets, within the meaning of the Indian Penal 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 Civil Court) be punishable with fine which may extend to two hundred rupees, Punishment for acts or attempts tending to endanger safety of persons travelling or being upon aerial ropeway.

34. If any person does anything mentioned in clause (a), clause (b) or clause (c) of section 33 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 travelling or being upon the aerial ropeway, he shall be punishable with imprisonment for a term which may extend to fourteen years.

Arrest for offences against certain sections, and procedure thereupon.

Where this provision sits

ActThe United Provinces Aerial Ropeways Act 1922
Section30
JurisdictionState of Uttarakhand
StatusIn force as published by the source

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