the Gujarat Aerial Ropeways Act, 1955

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[1956: Bom. III

GOVERNMENT OF GUJARAT

LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT

BOMBAY ACT NO. III OF 1956

The Gujarat Aerial Ropeways Act, 1955

(As modified upto the 31
st
May, 2012)

[1956: Bom. III

CONTENTS

PREAMBLE

SECTIONS.

CHAPTER I.

PRELIMINARY.

1. Short title, extent and commencement.

2. Definitions.

CHAPTER II

ADVISORY BOARD AND ESTABLISHMENT.

3. Power of State Government to constitute Advisory Board for aerial ropeways.

4. Appointment of Inspectors and Subordinate Officer and servants and their power

and duties.

CHAPTER III

AERIAL ROPEWAYS FOR PUBLIC TRAFFIC.

Procedure and preliminary Investigation.

5. Unauthorized construction, maintenance, etc., of aerial ropeways prohibited.

6. Application for concession.

7. Contents of application.

8. Sanction to preliminary investigation.

Orders authorizing the construction of Ropeways.

9. Order authorizing construction and content of such order.

10. Final order.

11. Cessation of powers given by order under section 10.

12. Opening of aerial ropeways to passenger traffic.

13. Promoter and his servants, etc., to afford facilities to Inspector and other officers.

Inspection of Public Aerial Ropeways.

14. Inspection of aerial ropeway before opening.

14A. Periodical inspection after opening of aerial ropeway.

Construction and Maintenance of Aerial Ropeways for Public Traffic.

15. Authority of promoter to execute all necessary works.

16. Temporary entry upon land for repairing or preventing accident.

17. Removal of trees, structures, etc.

Working of Aerial Ropeway for Public traffic.

18. Promoter may fix rates.

19. Duty of promoter to work aerial ropeway without partiality.

19A. Insurance against the third party risk.

19B. Liability to pay compensation on the principles of no fault.

20. Reporting of accidents.

21. Power of close and re-open aerial ropeway.

Discontinuance of Aerial Ropeways for public Traffic

22. Cessation of promoter on discontinuance of aerial ropeway.

[1956: Bom. III

23. Power of removal of aerial ropeway on cessation of promoter’s powers.

24. Power of State Government and local authorities to purchase aerial ropeways for

public traffic.

25. Power to promoter to sell when option to purchase exercised and order revoked

by consent.

Inability or Insolvency of Promoter

26. Proceedings in case of inability or insolvency of promoter.

27. Lease of aerial ropeway by local authority.

Review and Revision.

28. Review of order under section 10 or 21.

29. Order of Collector subject to revision by State Government.

CHAPTER IV.

PRIVATE AERIAL ROPEWAYS FOR CERTAIN PURPOSES.

30. Application for acquisition of land in case of certain private aerial ropeways.

31. Agreement.

32. Temporary occupation of land in case of private aerial ropeway.

33. Failure of person or promoter to comply with Act.

34. Unlawfully obstructing promoter or lessee in exercise of his powers.

35. Unlawfully interfering with aerial ropeway.

36. Maliciously doing, abetting or attempting to do, acts endangering safety of

persons traveling or being upon aerial ropeway.

37. Arrest for offences against certain sections.

CHAPTER VI

MISCELLANEOUS.

38. Returns.

39. Protection of roads, railways, tramways and waterways.

40. Acquisition of land by promoter.

41. Limitation of claims for damage to animals or goods.

42. Application of Act to certain private aerial ropeways.

43. Inspectors, Officers and servants to be public servants.

44. Protection of persons acting in good faith under this Act.

45. Power of State Government to make rules.

[1956: Bom. III

BOMBAY ACT No. III OF 1956.

[THE GUJARAT AERIAL ROPEWAYS ACT, 1955.]

[22nd February 1956]

Amended by Guj. 20 of 2004.

An Act to authorize, facilitate and regulate the construction and working of aerial

ropeways in the State of Bombay.

WHEREAS it is expedient to authorize, facilitate and regulate the construction and

working of aerial ropeways in the state of Bombay; It is hereby enacted in the Sixth Year

of the Republic of India as follows :-

CHAPTER I.

PRELIMINARY.

1. (1) This Act may be called the Gujarat Aerial Ropeways Act, 1955.

(2) It extends to the whole of the State of Bombay.

(3) It shall come into force on such date the state Government may, by

notification in the Official Gazette, appoint.

2. In this Act, unless there is anything repugnant in the subject or context,—

(a) ―aerial ropeway‖ means a system of overhead ropes on which carriers are

used for the purpose of carriage of passengers, animals or goods and

includes posts, ropes, carriers, stations. Offices, warehouses, workshops,

machinery and other works used for the purpose of, or in connection

with, and all land appurtenant to, such aerial ropeway;

(b) ―carrier‖ means any vehicle or receptacle hung or suspended from or,

hailed by, a rope and used for carriage of passengers, animals or goods or

for any other purpose in connection with the working of ropeway ;

section 4 ;

(d) ―post‖ means a post, trestle, standard, strut, stay or other contrivance or

part of a contrivance for carrying, suspending or supporting a rope ;

(e) ―prescribed‖ means prescribed by rules made under this Act ;

(f) ―promoter‖ means any person in whose favour an order has been made

under section 10 or under section 30 or on whom the rights and liabilities

conferred or imposed on the promoter by this Act or by rules and orders

made under this Act as the construction, maintenance and use of aerial

ropeways have developed or have been imposed by section 42 ; and

includes a lessee to whom a lease has been granted under section 27 ;

(g) ―rate‖ includes any fare, charge or other payment for the carriage of

passenger, animals or goods on an aerial ropeway ;

(h) ―rope‖ includes any cable, wire, rail or way, whether flexible or rigid, for

suspending, carrying or hauling a carrier, if any part of such cable, wire,

rail or way is carried overhead and is suspended from or supported on

posts ;

(i) ―rules‖ means rules made under this Act ;

(j) ―undertaking‖ means all moveable and immoveable property of the

promoter suitable to and used by him for the purpose of an aerial

ropeway.

CHAPTER II

ADVISORY BOARD AND ESTABLISHMENT.

3. (1) The State Government shall. By notification in the Official Gazette,

constitute an Advisory Board for aerial ropeways.

1
[(2) The Advisory Board shall consist of a Chairperson who shall be

the Chief Electrical Inspector and seven other members to be appointed

by the State Government amongst the persons having knowledge or

experience in the fields of ropeway, structural, mechanical, electrical

Short title, extent

and

commencement.

Definitions.

Power of State
Government to

constitute Advisory

Board for aerial

ropeways.

[1956: Bom. III

and metallurgical engineering:

Provided that the Board may invite an expert in the meeting of the Board

and such invitee may take part in the meetings but shall not have right to vote in

the meeting.]

(3) The State Government may, by general or special order, -

(a) define the duties of, and regulate the procedure of, the Advisory

Board ;

(b) determine the tenure of office of the member of the Board ; and

expenses incurred by, any member of such Board in the

performance of this duty.

4. (1) The State Government may appoint such persons as they deem fit to be

Inspector of aerial ropeways.

(2) The Inspector shall exercise such power and perform such functions and

duties as may be provided by or under the provisions of this Act. It shall

also be the duty of any such Inspector fro time to time to inspect such

ropeways and to determine whether they are maintained in a fit condition

and such ropeways and to the convenience and safety of the persons

using them and of the general public, and consistently with provisions of

this Act.

(3) The State Government may, also appoint other subordinate officers and

servants with such designations and assign to them such powers, duties

and functions as may be necessary for carrying out the purpose of this

Act.

CHAPTER III

AERIAL ROPEWAYS FOR PUBLIC TRAFFIC

Procedure and Preliminary Investigation.

5. No aerial ropeway shall be constructed, opened, maintained or worked except in

accordance with provisions of this Act
2
[and the rules made thereunder and in

conformity with the provisions of the relevant code of practice of the Bureau of

Indian Standard].

6. Every application by an intending promoter other than State Government for

permission to undertake the necessary preliminary investigation in regard to a

proposed aerial ropeway shall be submitted to the State Government.

7. Every application to be made under section 6 shall include,-

(a) a description of the undertaking and of the route to be followed by the

proposed aerial ropeway ;

(b) a description of the system of construction and management and of the

advantage to the community to be expected from such ropeway ;

(d) a statement of the estimated working expenses and profit in respect

thereof ;

(e) a statement of the maximum and minimum rates which it is proposed to

charge;

(f) such maps, plans, section and drawing in connection therewith as the

State Government may require in order to form an idea of the proposal.

3
[(g) a description of basic engineering design and risk analysis of

ropeway, schemes for safety requirements and emergency plan

for rescue operations;

Appointment of

inspectors and

subordinate officers

and servants and

their powers and

duties.

Unauthorised

construction,

maintenance etc, of

aerial ropeways

prohibited.

Application for

concession.

Contents of

application.

[1956: Bom. III

(h) drawings showing the electrical layouts control circuits, lighting circuits

and earthing systems;

(i) such other information and documents as may prescribed].

8. (1) Subject to the provisions of this Act, and of section 4 of the Land

Acquisition Act, 1894, the State Government may accord sanction to the

intending promoter to make such surveys as may be necessary, and

require him to submit such detailed estimates, plans, sections and

specification and further information as it may think necessary for the

full consideration of the proposal.

(2) The intending promoter shall not be entitled to claim any compensation

from the State Government for any expense incurred under this section in

the event of his application being refused.

Orders Authorizing the Construction of Ropeways.

9. (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 the Official Gazette a draft of 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 ;

(d) for the public carriage of passengers, animals and gods.

(2) A notice shall be published with 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 condition under which any concession may be given 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 condition 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
4
[and the

requirement of the certificate of a recognised testing laboratory of

the major materials to be used and essential for the safety of the

installation];

(vii) the conditions relating to the construction of the aerial ropeway

over public ways of communication except 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

Sanction to

preliminary
investigation.

Order authorizing

construction and

contents of such

order.

[1956: Bom. III

mining properties ;

(viii) the condition 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 condition under which the aerial ropeway may be taken over

by the State Government to be worked by itself or by a local

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 bridge or guards shall be

constructed and maintained ;

(xiii) the amount of security, if any, to be deposited by the promoter on

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 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.

10. (1) If, after considering any objections or suggestions which may have been

made in respect to the draft before the expiry of the period of three

month specified in sub-section (2) of section 9, the State Government is

of opinion that the application should be granted with or without

modifications, or subject to any restrictions or conditions, it shall make

an order accordingly.

(2) Every order authorizing the construction of an aerial ropeway made

under sub-section (1) shall be published in the Official gazette, and such

publication shall be conclusive proof that the order has been as required

by this section.

11. If a promoter authorized by an order made under section 10 to construct an aerial

ropeway does not within the time specified in the order –

(a) succeed in raising the full amount of capital required for the completion

of such ropeway, or

(b) substantially commence the construction of such ropeway, or

the power given to the promoter by such order shall, unless the State Government extends

the time so specified, cease to be exercised.

12. When the construction of an aerial ropeway has been authorized under this Act

for the public carriage of animals and goods only, the State Government may, on

application made by the promoter, sanction the opening of such ropeway for the

public carriage of passengers also.

13. The promoter, his servants, agents or any person acting on his behalf shall afford

to all Inspectors and officers and servants appointed under section 4 reasonable

facilities for the exercise of the power and the performance of the duties and

functions conferred and on them under the provisions of this Act and the rules.

14. (1) No aerial ropeway shall be opened for any kind of traffic until the State

Government or an Inspector empowered by the State Government in this

behalf has, by an order, sanctioned the opening of the thereof for that

purpose. Such sanction shall not be given until rules for the safe and

efficient working of the aerial ropeway have been duly made under

section 45 and an Inspector has, after inspection of the aerial ropeway,

reported in writing to the State Government-

(a) that he has made a careful inspection of the aerial ropeway and

appurtenances;

(b) that the moving and fixed dimensions and other conditions

Final order..

Cessation of powers

given by order

under section 10.

Opening of aerial

ropeway to

passenger traffic.

Promoter and his

servants, etc. to

afford facilities to

Inspectors and other

officers.

Inspection of aerial

ropeway before

opening.

[1956: Bom. III

prescribed under sub-section (4) of section 9 and sub-section (1)

of section 10 have been complied with ;

which it is intended ;

(d) that the aerial ropeway is, in his opinion, fit for public traffic and

can be used without anger either to the persons, animals, or goods

carried thereon, or to the persons employed thereon, or to the

general public.

(2) The provisions of sub-section (1) shall extend to opening of additional

sections of the aerial ropeway, and to deviation lines and alteration or

reconstruction materially affecting the structural character of any work to

which the provisions of sub-section (1) apply or are extended by this sub-

section.

5
[14A. (1) Every aerial ropeway shall be inspected by the Inspector at least once

in a year.

(2) Before the initial inspection is earned out by the Inspector under section

14 or the periodical inspection under sub-section (1), the promoter shall

also submit a report of inspection carried out by an agency

authorised by the Advisory Board in this behalf.]

Construction and Maintenance of Aerial Ropeways for Public Traffic.

15. (1) Subject to the provisions of Act and the rules, and the case of immovable

property not belonging to the promoter, to the provisions of any

enactment for the time being in force for the acquisition of land for

public purposes a promoter of an aerial ropeway for public traffic may-

(a) make such survey as he thinks necessary;

(b) place and maintain posts in or upon any immovable property.

property;

(d) make such bridges, culverts, drains, embankments and roads as

may be necessary;

(e) erect and construct such machinery, offices, stations, warehouses

and other building, works and conveniences as may be necessary;

and

(f) do all other acts necessary for constructing, maintaining, altering,

repairing and using the aerial ropeway:

Provided that a promoter may take any action under clause (b) or clause (c) of this sub-

section, notwithstanding the objection of the owner o occupier of the property affected

thereby, if the Collector, after giving such owner and occupier by notice in writing an

opportunity of being heard, by an order in writing, permits such action.

(2) When making an order under the proviso to sub-section (1), the Collector

shall fix the amount of compensation or of annual rent or of both which

should, in his opinion, be paid by the promoter to the owner of the

property affected thereby, or, in the case of immovable property, to the

owner or occupier thereof.

Explanation – For the purposes of this section, if a promoter is not a company within the

meaning of the Indian Companies Act, 1913, or a local authority such promoter shall be

deemed to be c company and the provisions of Part VII of the Land Acquisition Act,

1894, shall mutatis matandis apply to the acquisition of immovable property on his

behalf.

16. (1) Subject to the rules, a promoter may, at any time, for the purpose of

examining pairing or altering an aerial ropeway or of preventing any

accident, enter upon any immovable property adjoining such ropeway for

public traffic, and may do all such works as may be necessary for such

purposes.

(2) In the exercise of the powers conferred by sub-section (1), the promoter

shall cause as little damage as possible, and compensation shall be paid

by him for any damage so caused; and in case of dispute as to the amount

of such compensation, or the person to whom it shall be paid, the matter

shall be referred to the decision of the Collector.

Periodical

inspection after
opening of aerial

ropeway.

Authority of

promoter to execute

all necessary works.

Temporary entry

upon land for

repairing or

preventing accident.

[1956: Bom. III

17. (1) Where any tree standing or lying near an aerial ropeway for public

traffic, or where any structure or other object which has been placed or

had fallen near any such ropeway subsequently to the issue of any order

under section 10 in regard to such ropeway, interrupts or interfaces with,

or is likely to interrupt or interface with, the construction, maintenance,

alternation or use of the ropeway, the Collector may, on the application

of the promoter cause the tree, structure or object to be removed or

otherwise delay with as he thinks fit.

(2) When disposing of an application under sub-section (1), the Collector

shall in the case of any tree in existence before the construction of the

aerial ropeway, award to the person interested in the tree such

compensation, if any, as he thinks reasonable and the Collector may

recover the same from the promoter as an arrear of land revenue.

Explanation- For the purposes of this section, the expression ―tree‖ shall be deemed to

include any shrub, hedge, jungle growth or other plant.

Working of Aerial Ropeway for Public Traffic

18. The promoter of an aerial ropeway for public traffic shall, for the purposes of

such ropeway, and subject to such maximum and minimum rates as may be

prescribed, have power from time to fix the rates for the carriage of passengers,

animals or goods, as the case may be, on such ropeway.

19. No promoter shall, for the purposes of working an aerial ropeway for public

traffic make or give any undue or unreasonable preference or advantage to, or in

favour of any particular person or any particular description off traffic in any

respect whatsoever, or subject any particular person or any particular description

of traffic to any undue or unreasonable prejudice or disadvantage in any respect

whatsoever.
6

[19A. (1) The promoter of every aerial ropeway shall obtain a policy or

insurance in respect of the aerial ropeway from an authorised

insurer recognised under the relevant insurance law.

(2) The policy of insurance obtained by the promoter under sub-section (1) shall

cover the insurance of the person traveling in the aerial ropeway including

those persons employed by the promoter in connection with the operation of

such aerial ropeway against any liability which may be incurred by him in

respect of the death of or bodily injury to any person including of trie goods

or his authorized representatives carried in the aerial ropeway or damage to

any property of third party caused by or arising out of the use of aerial

ropeway.

19B. (1) Where death or permanent disablement of any person has resulted from

an accident arising out of the use of aerial ropeway, the promoter or

promoters of the aerial ropeway snail jointly and severally, be liable to pay

compensation in respect of such death or disablement of any person.

(2) The amount of compensation to be paid under subsection (1) shall be a

fixed sum of rupees two lacs in case of death of any person and rupees fifty

thousand in case of permanent disablement of any person and in the case of

minor injuries such sum not exceeding rupees twenty-five thousand as

may be determined by the Advisory Board.

(3) A claim for compensation under sub-section (1) shall neither be defeated

by reason of any wrongful act, neglect or default of the person in

respect of whose death or permanent disablement, the claim has been

made nor shall be quantum of compensation recoverable in respect

of such death or permanent disablement be reduced on the basis
:
of the

share of such person in the responsibility for such death or permanent

Removal of trees,

structures, etc.

Promoter may

fix rates..

Duty of promoter to

work serial

ropeway without

partiality.

Insurance against

the third party risk.

Liability to pay

compensation on
the principles of no

fault.

[1956: Bom. III

disablement.

(4) The right to claim compensation under this section in respect of death or'

permanent disablement of any person shall be in addition to the right of

any such person to claim compensation in respect thereof under any other law

for the time being in force:

Provided that the amount of compensation payable under any other law for

the death or bodily injury shall be reduced from the amount of

compensation payable under this section.]

20. When any of the following accidents occur in the course of working an aerial

ropeway for public traffic, namely-

(a) any accident attended with loss of human life or with grievous hurt as

defined in the Indian Penal Code, or with serious injury to property;

(b) any accident of a description usually attended with loss of human life or

with such grievous hurt as aforesaid or with serious injury to property;

specify in this behalf in the rules,

the promoter shall, without unnecessary delay,
7
[give intimation to the State

Government and to the Inspector and send a notice of the accident to the State

Government and to the Inspector in such form and within such period as may be

prescribed] and the servant of the promoter in charge of the station on the aerial ropeway

nearest to the place at which the accident occurred or, where there is not station, the

promoters, servant in charge of the section of the aerial ropeway on which the accident

occurred shall with the least possible delay, give notice of the accident in
8
[Commissioner of Police in the City area] and elsewhere to the Magistrate of the district

in which the accident occurred and to the officer in charge of the police station within the

local limits of which such accident occurred.

21. (1) If, after inspection any aerial ropeway opened to public traffic an power

to Inspector is of opinion that the aerial 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 ground therefore, to the State Government.

(2) The State Government, after such further inquiry, if any, as it may think

fit, may thereupon order that, for reasons, to be set forth in the order, the

aerial 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 Inspector may order the suspension of

the working of the ropeway or any part thereof which he considers necessary pending the

orders of the State Government on the case.

(3) When, under sub-section (2) an aerial ropeway or any part thereof has

been closed to any traffic, it shall not be re-opened to such traffic, until it

has been inspected and its re-opening sanctioned, in the prescribed

manner.

Discontinuance of Aerial Ropeways for Public Traffic

22. If, at any time after the opening of an aerial ropeway for public traffic, it is

proved to the satisfaction of the State Government that the promoter has,

continuously for a period of three months or more discontinued the working of

the serial ropeway or of any part thereof, without a reason sufficient, in the

opinion of the State Government, to warrant such discontinuance, the State

Government, if it thinks fit, may by notification in the Official Gazette, declare

that the powers of the promoters in respect of such ropeway or part thereof shall

be at an end with effect from the date of the publication of such notification the

promoter shall cease to exercise such powers.

Reporting of

accidents.

Power to close and

re-open aerial

ropeway.

Cessation of powers

of promoter on

discontinuance of

aerial ropeway.

[1956: Bom. III

23. (1) When a notification has been published under section 22, in respect of

any aerial ropeway or of any part thereof-

(a) an officer appointed in that behalf by the State Government may,

at any time after the expiration of two months from the date of

such notification, remove such ropeway or part thereof, as the

case may be; and.

(b) 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-

(a) may, without any previous notice to the promoter and without

prejudice and dispose of the materials of the aerial ropeway or

part thereof so removed; and

(b) may, out of proceeds of the sale, pay and reimburse himself the

amount of costs certified as aforesaid and of the costs of the sale;

and

Purchase of Aerial Ropeways for Public Traffic

24. (1) When an order under section 10 has been made in favour of promoter of

any aerial ropeway for public traffic not being a local authority, the State

Government, or a local authority specified in the order published under

the said section 10 shall on the expiration of such period not exceeding

twenty-one years, and of every such subsequent period, not exceeding

seven years, as shall be specified in such order, have the option of

purchasing the under taking and if the State Government, or the local

authority with the previous sanction of the State Government, elects to so

purchase the undertaking the promoter shall sell the undertaking to the

State Government or to the local authority, as the case may be, on

payment of the value of all lands, buildings, works, materials, plants and

apparatus of the promoter suitable to and used by him for the purposes of

the undertaking, such value to be in case of difference or dispute

determined by arbitration;

Provided that the value of such lands, buildings, works, materials, plants and apparatus

shall be deemed to the their fair market value at the time of purchase, due regard being

had to the rapture and condition for the time being of such lands, buildings, works,

materials, plant and apparatus and to the state of repair thereof, and to the circumstances

that they are in such a position as to be ready for immediate working, and to the

suitability of the same for the purposes of the undertaking.

(2) Where a purchase has been effected under sub-section (1)

(a) the undertaking shall vest in the purchase free from any debts,

mortgages or similar obligations of the promoter or attaching to

the undertaking;

Provided that any such, debts mortgages or similar obligations shall attach to the

purchase money in substitution for the undertaking; and

(b) save as aforesaid, the order published under section 10 shall

remain in full force, and the purchaser shall be deemed to the

promoter:

Provided that where the State Government elects to purchase, the order under section 10

shall, after purchase, in so far as the State Government is concerned, cease to have any

further operation but all the other provisions of this Act excepting section 33 in so far as

they relate to aerial ropeways for public traffic shall apply in respect of the undertaking

so purchased by the State Government.

(3) Not less than two years’ notice in writing of any election to purchase

under this section shall be served upon the promoter by the State

Government or the local authority, as the case may be.

(4) Notwithstanding anything hereinbefore contained, a local authority may

with the previous sanction of the State Government, waive its option to

Power of removal

of aerial ropeway

on cessation of

promoter’s powers.

Power of State

Government and

local authorities to

purchase aerial

ropeways for public

traffic.

[1956: Bom. III

purchase and enter in to an agreement with the promoter for the working

by him of the undertaking until the expiration of the next subsequent

period referred to in sub-section (1) upon such terms and conditions as

may be stated in the agreement.

25. Where, on the expiration of any of the periods referred to in section neither the

State Government nor a local authority purchases the undertaking, and the order

published under section 10 is, on the application or with the corsent of the

promoter, revoked, the promoter shall have the option of disposing of all lands,

buildings, works, materials, plant and apparatus belonging to the undertaking in

such manner as he may think fit.

Inability or Insolvency of Promoter.

26. (1) If, at any time after the opening of an aerial ropeway for public traffic it

appears to the State Government that the promoter is insolvent or is

unable to maintain the aerial ropeway, or the work the same with

advantage to the public or to work it at all, the State Government may

declare that the powers of the promoter, in respect of such ropeway,

shall, at the expiration of six months from the date of such declaration,

be at an end; and thereupon the promoter shall, at the expiration of that

period cease to exercise such powers.

(2) At any time after the expiration of the said period of six months, an

officer appointed by the State Government in that behalf, may

notwithstanding anything contained in the presidency Towers Insolvency

Act, 1909, or the Provincial Insolvency Act, 1920, remove the aerial

ropeway in the same manner and subject to the same provisions as to the

payment of costs and to the same remedy for the recovery thereof, in

every respect, as in cases of removal under section 23.

27. (1) Where the promoter of an aerial ropeway for public traffic is a local

authority or where a local authority has purchased any such ropeway

under section 24, such local authority may with the previous sanction of

the State Government and subject to such conditions as the State

Government may think fit to impose, let to any person, by a lease, the

right of user of the aerial ropeway and of demanding and taking the rates

for the carriage of passenger, animals or goods, as the case may be, on

such ropeway subject to such maximum and minimum rates as may be

prescribed.

(2) On the determination of such lease, the local authority may from time to

time renew the lease for such further term and on such condition as the

State Government may approve.

(3) Every lease may under this section shall imply a condition of re-entry if

at any time after the making or renewal thereof, it is proved to the

satisfaction of the State Government that the lessee has practically

discontinued the working of the aerial ropeway so leased or of any pert

thereof for a period of one month without a reason sufficient in the

opinion of the State Government to warrant the discontinuance.

(4) Any person to whom any right of the promoter is let by a lease under

sub-section (1) or (2) shall furnish the local authority with security for

such amount as the local authority may determine for the due fulfillment

of the conditions of the lease.

(5) Any person to whom any right of the promoter is let under sub-section

(1) or (2) shall not exercise such right except in accordance with the

conditions of the lease and the provisions of this Act and the rules and

the case of a contravention of any of the provisions of this Act or the

rules he shall be subject to the same liability as a promoter.

Review and Revision.

28. (1) When any person is aggrieved by an order made under section 10 or

under section 21, such person, on payment of the prescribed fees, may

within thirty days of the said order, apply to the State Government for

review of the same, and the State Government shall then take the advice

of the Advisory Board in the prescribed manner and shall consider such

advice and pass such order in the matter as the State Government may

think to be just and proper.

Power to promoter

to sell when option

to purchase

exercised and order

revoked by consent.

Proceedings in case

of inability or

insolvency of
promoter.

Lease of aerial

ropeway by local

authority.

Review of orders

under section 10 of

21.

[1956: Bom. III

(2) With a view to enabling the Board to tender their advice under sub-

section (1) the Board, with the consent of the State Government and on

payment of such further fees as may be prescribed, may make such

further inquiry into the matter as the Board may consider to be necessary.

29. No suit shall lie, in respect of any matter referred to in the proviso to sub-section

(1) or sub-section (2) of section 15, section 16 or sub-section (1) of section 17,

but every order made by the Collector under any of these sections. And every

award made by him under sub-section (2) of section 17 shall be subject to

revision by the State Government except in case of an award of compensation

made by the Collector on account of action taken under clause (b) or (c) of sub-

section (1) of section 15, which award shall be subject to
9
[revision by a Judge of

the City Civil Court in in the City of Ahmedabad and elsewhere by the District

Judge].

CHAPTER IV.

PRIVATE AERIAL ROPEWAYS FOR CERTAIN PURPOSES

30. (1) Where the State Government is satisfied that the construction, extension,

working or management of an aerial ropeway for private traffic is likely

to prove useful to the public by reason of its facilitating the transport of

commodities, in general use or is required for the conservation or supply

of such commodities and where the intending promoter of such ropeway

is desirous of obtaining any land for the purpose of such construction,

extension, working or management, the State Government may, on the

application of such promoter, acquire on his behalf such land under the

provisions of any enactment for the time being in force for the

acquisition of land for public purpose or procure the temporary

occupation of the same under the provisions of Part VI of the Land

Acquisition Act, 1894, whether the said intending promoter is or is not a

company as defined in that Act.

(2) The State Government shall, by notification in the Official Gazette,

declare the commodities which shall be deemed to be commodities in

general use for the purposes of sub-section (1).

Explanation.- For the purposes of this Act, if a promoter is not a company within the

meaning of
10

[the Companies Act, 1956], or a local authority, such promoter shall be

deemed to be a company and the provisions of Part VII of the Land Acquisition Act,

1894, shall mutatis mutandis apply to the acquisition of immovable property on his

behalf.

31. (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 sub-

section (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.

33. (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,

(b) fails to comply with the provisions of section 13, or

contravention of any of the provisions of section 14, or

[(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

[(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.

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.

37. (1) If any person commits any offence punishable under section 35 or 36

such person may be arrested without warrant or other written authority

by any servant of the promoter or by any police officer or by any other

person whom such servant or officer may call to his aid.

(2) Where any such servant or any other person arrests any person under

sub-section (1), he shall make over the person so arrested to a police

officer or in the absence of a police officer take such person or cause him

to be taken in custody to the nearest police station.

(3) No person arrested under sub-section (1) shall be detained in custody for

a longer period than under all the circumstance of the case is reasonable

and such period shall not, in the absence of a special order of a

Magistrate exceed twenty four hours exclusive of the time necessary for

the journey from the place of arrest to the Magistrate’s Court.

CHAPTER VI.

MISCELLANEOUS.

38. A promoter of an aerial ropeway for public traffic shall, in respect of such

ropeway, submit to the State Government returns of capital, receipts and traffic at

such intervals and in such forms as may be prescribed.

39. No promote of an aerial ropeway shall, in the course of the construction, repair,

working or management of such ropeway, cause any permanent injury to any

public road, railway, tramway or waterway, or obstruct or interfere with, other-

wise than temporarily, as may be necessary, the traffic on any public road,

railway, tramway or waterway.

40. The State Government may, if it thinks fit, on the application of any promoter of

an aerial ropeway for public traffic desirous of obtaining any land for the purpose

of constructing, working or managing such ropeway, direct that he may, subject

to the provisions of this Act, acquire such land under the provisions of the Land

Acquisition Act, 1894, in the same manner and on the same conditions as it

might be acquired if the promoter were a company.

41. No person shall be entitled to a refund of an overcharge in respect of animals or

goods carried by an aerial ropeway for public traffic or to compensation for the

loss, destruction or, deterioration of animals or goods delivered to be so carried,

unless his claim to the refund or compensation has been preferred in writing by

him or on his behalf to the promoter within six months from the date of the

delivery of the animals or goods for carriage by the aerial ropeway.

42. (1) Sections 1, 2, 4, 5, 13,
18

[14, 14A, 15, 16, 17, 19A, 19B] and 20, sub-

section (1) of the section 21, and sub-clauses (b, (f), (g), (j) and (k) of

clause (2) of section 33, sections 36, 37 and 39 and sub-section (1) and

(3) and clauses (a), (b), (e), (g), (h), (j), (m) and (o) of the sub-section (2)

of section 45 shall also apply to the private aerial ropeway constructed

for the purposes referred to in section 30 :

Provided that, in the application of section 17 to any such ropeway, for the words and

Unlawfully
interfering with

serial ropeway.

XLV OF 1860.

Maliciously doing

abetting or

attempting to do,

acts endangering

safety of person

travelling or being

upon aerial
ropeway.

Arrest for offences
against certain

sections.

Returns.

Protection of roads,

railways, tramways

and water ways.

Acquisition of land

by promoter.

I of 1894.

Limitation of

claims for damage

to animals or good.

Application of Act

tocertain private

aerial ropeways..

[1956: Bom. III

figures ―the issue of an order under section 10‖ the words, figures and brackets ―the issue

of a notification for the acquisition of, or an order for the temporary occupation of land in

accordance with the provisions of sub-section (1) of section 30‖, shall be deemed to be

substituted.

(2) The State Government, on the application of the promoter or otherwise

may declare that the provisions of section 30 and of sub-section (1) of

this section shall apply to any aerial ropeway, or class of aerial ropeways,

for private traffic.

43. The Inspectors and all officers and servants appointed under section 4 shall be

deemed to be public servants within the meaning of section 21 of the Indian

Penal Code.

44. No suit or other proceeding shall lie against the State Government or any person

for anything which is good faith done or intended to be done under this Act or the

rules.

45. (1) The State Government may, subject to the condition of previous

publication, make rules to carry out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing

power, such rules may provide for the following matters :-

(a) powers of Inspectors under section 4;
19

[(aa) construction, opening, maintaining and working of aerial

ropeway under section 5;

(aaa) other information and documents which shall contain with

the application under section 7;]

(b) the payment of money or lodging of securities, by way of deposit,

by the intending promoter before an order is published under sub-

section (2) of section 10; the investment of money so paid; the

disposal of interest or dividends from time to time accruing due

on money or securities so paid, lodged or invested ; the

application of the money or securities or the interest or dividend

thereon for discharging of any liabilities incurred by the promoter;

and the forfeiture, repayment or return of the money or securities;

intending promoters in respect of an order under section 10 ;

(d) rules for the purposes of section 14 relating to the safe and

efficient working of an aerial ropeway including-

(i) the regulation of the use of steam power or any other

mechanical power or electrical power on a ropeway,

(ii) the standard dimensions and specifications with which the

aerial ropeway shall conform,

(iii) the rate of speed at which carriers are to be moved or

propelled,

(iv) the goods which shall be deemed to be dangerous or

offensive goods, and the carriage of such goods by aerial

ropeway.

(v) The maximum number of passengers and animals, and the

minimum weight of goods to be carried in each carrier of

an aerial ropeway,

[(vi) the conduct of the employees of the promoter and the

requirements, qualifications and experience of such

employees;

(vi-a) the provision regarding emergency plan covering risk

assessment connected with such operation;]

(vii) the terms and conditions on which the promoter shall

warehouse or retain goods at any station on behalf of the

consignee or owner of such goods ;

(e) the conditions under which and the manner in which the powers

conferred on promoters by sub-section (1) of section 15 and sub-

Inspectors, officers
and servants to be

public servants.

XLV of 1860.

Protection of

persons acting in
good faith under

this Act.

Power of State
Government to

make rules.

[1956: Bom. III

section (1) of section 16 may be exercised ;

(f) the maximum and minimum rates to be prescribed under section

18 and section 27;

(g)
21

[form in which, the period within which and the accident of

which] notices shall be given to the State Government and to the

Inspect under clause (c) of section 20 and duties of the promoter’s

servants, police officers, and Magistrates on accidents reported

under that section ;

(h) the procedure for the disposal of applications under sub-section

(2) of section 21 to re-open an aerial ropeway for public traffic or

part thereof and the conditions under which ropeway may be re-

opened ;

(i) the method of arbitration for the settlement of disputes under

section 24;

(j) the procedure for filling, hearing and disposing of applications for

revision under this Act, and the manner in which the advice of the

Advisory Board may be taken under section 28 ;

(k) the intervals at which and the form in which returns shall be

submitted under section 38;

(l) the preparation, submission and auditions of the accounts of the

promoter ;

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

(n) 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 ;

(o) the fees to be charged to promoters and other persons in respect of

applications, inquiries, inspection and services rendered under this

Act ; and

(p) any other matter which is or to be prescribed under this Act.

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

Gazette.

1. Sub-section (2) was substituted by Guj. 20 of 2004, s. 2.

2. These words were added, ibid., s. 3.

3. Clauses (g), (h) and (i) were added, ibid., s. 4.

4. These words were added, ibid., s. 5.

5. Section 14A was inserted, ibid., s. 6.

6. Sections 19A and 19B were inserted, ibid., s. 7.

7. These words were substituted, ibid., s. 8(1).

8. These words were substituted, ibid., s. 8(2).

9. These words were substituted, ibid., s. 9.

10. These words and figures were substituted, ibid., s. 10.

11. Clause (cc) was inserted, ibid., s. 11(1).

12. Clauses (ee) and (eee) were inserted, ibid., s.11(2).

13. These words were substituted, ibid., s. 11(3).

14. These words were substituted, ibid., s. 11(4).

15. These words were substituted, ibid., s. 11(5).

16. These words were substituted, ibid., s. 12.

17. These words were substituted, ibid., s. 13.

18. These figures and letters were substituted, ibid., s. 14.

19. Clauses (aa) and (aaa) were inserted, ibid., s. 15(1).

20. Clauses (vi) and (vi-a) were substituted for clause (vi), ibid., s. 15(2).

21. These words were substituted, ibid., s. 15(3).

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About this act

Jurisdiction: Gujarat
Enactment date: 1956-02-22
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India Code, Government of India. Text fetched 11 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.