Punjab Aerial Ropeways Act 1926

^THE^PUNJAB^{AERIAL ROPEWAYS ACT, 1926}

^{(Punjab Act V of 1926)}

^{C O N T E N T S}

^Sections

^{1. Short title and extent.}

^{2. Definitions.}

^{PROCEDURE AND
PRELIMINARY}

^{INVESTIGATIONS}

^{3. Application for concession.}

^{4. Contents of application.}

^{5. Preliminary
investigations.}

^{ORDERS AUTHORIZING THE}

^{CONSTRUCTION OF AERIAL ROPEWAYS}

^{6. Publication
of proposed order authorizing construction and contents of such orders.}

^7.^{Final order.}

^8.^{Cessation of powers given by an
order.}

^9.^{Further order.}

^{INSPECTION OF AERIAL ROPEWAYS}

^10.^{Inspection of aerial ropeways before
opening.}

^11.^{Appointment of Inspectors.}

^12.^{Powers of Inspector.}

^13.^{Facilities to be afforded to
Inspector.}

^{CONSTRUCTION AND MAINTENANCE}

^{OF AERIAL ROPEWAYS}

^14.^{Authority of promoter to execute all
works.}

^15.^{Temporary entry upon land for
repairing or preventing accident.}

^16.^{Removal of obstructions.}

^17.^{Orders of collector subject to
revision by Provincial Government.}

^{WORKING OF AERIAL ROPEWAYS}

^18.^{Promoter may fix rates.}

^19.^{Duty of promoter to work aerial
ropeway without partiality.}

^20.^{Reporting of accidents.}

^21.^{Power to close and reopen aerial
ropeways.}

^{DISCONTINUANCE
OF AERIAL ROPEWAYS}

^22.^{Cessation of powers of promoter on
discontinuance of aerial ropeway.}

^23.^{Powers of Provincial Government to
remove aerial ropeway on cessation of promoter's powers.}

^{PURCHASE OF
AERIAL ROPEWAYS}

^24.^{Power of Provincial Government and
local authorities to purchase aerial ropeways.}

^25.^{Power of promoter to sell when
option to purchase not exercised and order revoked by consent.}

^{INABILITY OR
INSOLVENCY OF PROMOTER}

^26.^{Proceedings in case of inability or
insolvency of promoter.}

^BYE-LAWS

^27.^{Power of promoter to make bye-laws.}

^{SUPPLEMENTARY PROVISIONS}

^28.^Returns.

^29.^{Protection of roads, railways,
tramways and waterways.}

^30.^{Acquisition of land on behalf of a
promoter.}

^31.^{Notification of claims to refunds of overcharges and to compensation
for losses.}

^{RULES BY THE
PROVINCIAL GOVERNMENT}

^32.^{Power of Provincial Government to
make rules.}

^{OFFENCES, PENALTIES AND ARREST}

^33.^{Failure of promoter to comply with
Act.}

^34.^{Unlawfully obstructing promoter's
servant in discharge of his duty.}

^35.^{Unlawfully interfering with aerial
ropeway.}

^36.^{Punishments for acts or attempts
tending to endanger safety of persons travelling or being upon aerial ropeways.}

^37.^{Arrest for offences against certain
sections and procedure thereupon.}

^{^[1]}THE PUNJAB AERIAL ROPEWAYS ACT, 1926

(Punjab Act V of 1926)

[18 May 1926]

An Act to authorise, facilitate, and regulate the construction and working of aerial ropeways in the Punjab

Preamble.— WHEREAS it is expedient to authorize, facilitate, and regulate the construction and working of aerial ropeways in the Punjab and whereas the previous sanction of the Governor-General to the passing of this Act has been obtained;

It is hereby enacted as follows:-

1. Short title and extent.— (1) This Act may be called the Punjab Aerial Ropeways Act, 1926.

(2) It extends to the Punjab.

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

(1) “Aerial Ropeway” means an aerial ropeway (or any portion thereof) for the public carriage of passengers, animals or goods, and includes all ropes, posts, carriers, stations, offices, ware-houses, workshops, machinery and other works used for the purposes of, or in connection with, and all land appurtenant to, such aerial ropeway;

(2) “Carrier” means any vehicle or receptacle hung or suspended from, or hauled by, a rope and used for the carriage of passengers, animals, or goods or for any other purpose in connection with the working of an aerial ropeway;

(3) “Circle” in relation to a local authority means the area within the control of that authority;

(4) “Inspector” means an Inspector of aerial ropeways appointed under this Act;

(5) “Order” means an order authorising the construction of an aerial ropeway under this Act, and includes a further order substituted for, or amending, extending or revoking that order;

(6) “Post” means a post, trestle, standard, strut, stay, or other contrivance or part of a contrivance for carrying, suspending or supporting a rope;

(7) “Prescribed” means prescribed by rules made by the ^{^[2]}[Provincial Government] under section 32;

(8) “Promoter” means—

(i) the ^{^[3]}[Provincial Government],

(ii) a local authority,

(iii) any person,

(iv) any company incorporated under the ^{^[4]}[* * *] Companies Act, 1913^{^[5]}, or

(v) any railway company as defined in the ^{^[6]}[* * *] Railway Act, 1890^{^[7]},

in whose favour an order has been made under section 7, or on whom the rights and liabilities conferred and imposed on the promoter by this Act, and by rules and orders made under this Act, as to the construction, maintenance and use of an aerial ropeway, have devolved;

(9) “Rate” includes any fare, charge or other payment for the carriage of passengers, animals or goods;

(10) “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.

PROCEDURE AND PRELIMINARY INVESTIGATIONS

3. Application for concession.— Every application by an intending promoter other than the ^{^[8]}[Provincial Government] in regard to a proposed aerial ropeway for permission to undertake the necessary preliminary investigations shall be submitted to the ^{^[9]}[Provincial Government].

4. Contents of application.— Every such application 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 the advantages to the community to be expected from the aerial ropeway;

(d) a statement of the estimated working expenses and profits expected;

(e) a statement of the maximum and minimum rate proposed to be charged;

(f) such maps, plans, sections, diagrams and other information as the ^{^[10]}[Provincial Government] may require in order to form an idea of the proposal.

5. Preliminary investigations.— Subject to the provisions of this Act and of section 4 of the Land Acquisition Act, 1894^{^[11]}, the ^{^[12]}[Provincial Government] may, ^{^[13]}[* * *] accord sanction to the promoter to make such surveys, as may be necessary, and require him to submit such detailed estimates, plans, sections, specifications and such further information as it may deem necessary for the full consideration of the proposal. The promoter shall not in any event be entitled to claim any compensation from ^{^[14]}[Government] for any expense incurred under this section.

ORDERS AUTHORIZING THE CONSTRUCTION

OF AERIAL ROPEWAYS

6. Publication of proposed order authorizing construction and contents of such orders.— (1) The ^{^[15]}[Provincial Government] may, on application made by any promoter and after due consideration of the details supplied in accordance with section 5, publish in the Official Gazette a draft of the proposed order authorizing the construction of an aerial ropeway within any specified area or along any specified route by or on behalf of such promoter subject to such restrictions and conditions as the ^{^[16]}[Provincial Government] may deem proper.

(2) A notice shall be published with the draft stating that any objection or suggestion which any person may desire to make with respect to the proposed order will, if submitted to the ^{^[17]}[Provincial Government] on or before a date to be specified in the notice, be received and considered.

(3) The ^{^[18]}[Provincial Government] shall 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 a date to be specified in such notice.

(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 a concession, guarantee, or financial assistance may be given by the ^{^[19]}[Provincial Government] or a local authority to the promoter;

(v) the rights of purchase by the ^{^[20]}[Provincial Government] or a local authority;

(vi) the rules regarding audit and accounts;

(vii) the rules regarding arbitration for the settlement of disputes;

(viii) the specifications relating to the structural designs, quality of material, factors of safety, method of computing stresses and other such technical details as may be considered necessary;

^{^[21]}[(ix) the rules relating to the construction of the aerial ropeway over roads and other public ways of communication, ^{^[22]}[* * *]];

(x) the conditions under which the promoter may sell or transfer his rights to the ^{^[23]}[Provincial Government], or a local authority, or person;

(xi) the conditions under which the aerial ropeway may be taken over by the ^{^[24]}[Provincial Government] to be worked by itself or by a local authority or by a person other than the promoter;

(xii) the motive power to be used on the aerial ropeway and the conditions, if any, on which such power may be used;

(xiii) the minimum headway to be maintained under different parts of the rope;

(xiv) the points under the aerial ropeway at which bridges or guards shall be constructed and maintained;

(xv) the traffic which may be carried on the ropeway, the traffic which the promoter shall be bound to carry, and the traffic which he may refuse to carry;

(xvi) the maximum and minimum rates that may be charged by the promoter, and the circumstances in which and the manner in which these rates may be revised by the ^{^[25]}[Provincial Government];

(xvii) the amount of security, if any, to be deposited by the promoter in the event of his application being granted; and

(xviii) such other matters as the ^{^[26]}[Provincial Government] may deem necessary.

7. Final order.— (1) If, after considering any objections or suggestions which may have been made in respect to the draft on or before the specified date, the ^{^[27]}[Provincial Government] is of opinion that the application should be granted, with or without modification, or subject or not to any restriction or condition, it may make an order accordingly.

(2) Every order authorising the construction of an aerial ropeway shall be published in the official gazette, and such publication shall be conclusive proof that the order has been made as required by this section.

8. Cessation of powers given by an order.— If a promoter authorized by an order 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 the aerial ropeway; or

(b) make, in the opinion of the ^{^[28]}[Provincial Government], substantial progress with the construction of the aerial ropeway; or

the powers given to the promoter by such order shall, unless the ^{^[29]}[Provincial Government] prolongs the time so specified, cease to be exercised.

9. Further order.— (1) The ^{^[30]}[Provincial Government] ^{^[31]}[* * *] may, on the application of the promoter, revoke, amend, or extend the order by a further order.

(2) An application for a further order shall be made in the same manner, and subject to the same conditions, as an application for an order.

(3) If the ^{^[32]}[Provincial Government] grants the application it shall make the further order in the same manner as an order, except that the rights, powers and authorities asked for in the said application shall not be increased, modified or restricted by the further order without the consent in writing of the promoter.

INSPECTION OF AERIAL ROPEWAYS

10. Inspection of aerial ropeways before opening.— (1) No aerial ropeway shall be opened for any kind of traffic until the ^{^[33]}[Provincial Government] has by order sanctioned the opening thereof for that purpose. The sanction of the ^{^[34]}[Provincial Government] under this section shall not be given until an Inspector has reported in writing to the ^{^[35]}[Provincial 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 prescribed under the order have been complied with;

(d) that the bye-laws and working rules prescribed by section 27 and 32 have been duly made, approved, and promulgated in the manner prescribed in those sections; and

(e) that in his opinion the aerial ropeway is fit for public traffic and can be used without danger to the public using it, or to the person employed thereon, or to the general public.

(2) The provisions of sub-section (1) shall extend to the opening of additional sections of the aerial ropeway, to deviation lines, and to any 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.

11. Appointment of Inspectors.— (1) The ^{^[36]}[Provincial Government] may appoint Inspectors of aerial ropeways and may fix the fees to be charged to promoters for the performance by Inspectors of their duties under this Act.

(2) It shall be the duty of such Inspectors from time to time to inspect aerial ropeways and to determine whether they are maintained in a fit condition and worked with due regard to the convenience and safety of the public, and consistently with the provisions of this Act.

12. Powers of Inspector.— An Inspector shall, for the purpose of any of the duties which he is authorized or required to perform under this Act, be deemed to be a public servant, as defined in the ^{^[37]}[Pakistan] Penal Code^{^[38]}, and shall for that purpose have such powers as may be prescribed ^{^[39]}[by the Provincial Government] under clause (a) of sub-section (2) of section 32.

13. Facilities to be afforded to Inspector.— The promoter and his servants and agents shall afford to the Inspector all reasonable facilities for performing the duties and exercising the powers imposed and conferred upon him by this Act or by rules made thereunder.

CONSTRUCTION AND MAINTENANCE

OF AERIAL ROPEWAYS

14. Authority of promoter to execute all works.— (1) Subject to the provisions of, and to the rules made under, this Act, and, in 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 and for companies, a promoter may—

(a) make such survey as he thinks necessary;

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

(d) make such bridges, culverts, drains, embankments and roads as may be necessary;

(e) erect and construct such machinery, office, stations, warehouses and other buildings, 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 (c) of this sub-section, notwithstanding the objection of the owner or 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, or any person interested therein and the amount to be paid to each.

15. Temporary entry upon land for repairing or preventing accident.— (1) Subject to the rules made under this Act a promoter or his duly authorized servant or agent may at any time for the purpose of examining, repairing, or altering, an aerial ropeway, or of preventing any accident, enter upon any immovable property adjoining such aerial ropeway, 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 or his duly authorized servant or agent, as the case may be, shall cause as little damage as possible, and compensation shall be paid by him for any damage so caused; and in the case of any dispute as to the amount of such compensation, the matter shall be referred to the decision of the Collector.

16. Removal of obstructions.— (1) Where any tree standing or lying near an aerial ropeway, or where any structure or other object which has been placed or has fallen near an aerial ropeway subsequent to the issue of an order under section 7 in regard to such aerial ropeway, interrupts or interferes with, or is likely to interrupt or interfere with the construction, maintenance, alteration, or use of the aerial ropeway, the Collector may, on the application of the promoter, cause the tree, structure or object to be removed or otherwise dealt with as he thinks fit. For the purpose of this sub-section the expression “tree” shall be deemed to include any shrub, hedge, jungle growth or other plant.

(2) When disposing of an application under sub-section (1) the Collector shall award to the person interested such compensation as the Collector deems reasonable, and the Collector may recover such amount from the promoter as if it were an arrear of land revenue.

17. Orders of collector subject to revision by Provincial Government.— No suit shall lie, in respect of any matter referred to in the proviso to sub-section (1) of section 14, in sub-section (2) of section 14, section 15, or in sub-section (1) of section 16, but every order made by a Collector under any of those sections, and every award made by him under sub-section (2) of section 16, shall be subject to revision by the ^{^[40]}[Provincial Government] except in the case of an award of compensation made by the Collector on account of action taken under clause (c) of sub-section (1) of section 14, which award shall be subject to revision by the District Judge.

^{^[41]}[Provided that no order in revision under this section shall be passed unless the person to be affected thereby is afforded an opportunity of being heard.]

WORKING OF AERIAL ROPEWAYS

18. Promoter may fix rates.— The promoter shall, for the purposes of working an aerial ropeway, and subject to such maximum and minimum rates as may be prescribed or ordered, have power from time to time to fix the rates for the carriage of passengers, animals or goods on the aerial ropeway.

19. Duty of promoter to work aerial ropeway without partiality.— No promoter shall make or give any undue or unreasonable preference or advantage to or in favour of any particular person or any particular description of 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.

20. Reporting of accidents.— When any of the following accidents occur in the course of working an aerial ropeway, namely:-

(a) any accident attended with loss of human life or serious physical injury to any human being, or with serious injury to property;

(b) any accident of a description usually attended with loss of human life or with serious physical injury as aforesaid, or with serious injury to property;

(c) any accident of any other description which the ^{^[42]}[Provincial Government] may specify in this behalf by notification in the official gazette;

the promoter shall without unnecessary delay, send notice of the accident to the ^{^[43]}[Provincial Government] and to the Inspector and the promoter’s servant incharge of the station on the aerial ropeway nearest to the place at which the accident occurred, or where there is no station, the promoter’s servant incharge of the section of the aerial ropeway on which the accident occurred, shall, with the least possible delay, give notice of the accident to the Magistrate of the District in which the accident occurred and to the officer incharge of the police station within the local limits of which it occurred, or to such other Magistrate and police officer as the ^{^[44]}[Provincial Government] may appoint in this behalf, and shall also, if the accident is attended with loss of human life or serious physical injury to any human being, send information to the nearest dispensary.

21. Power to close and reopen aerial ropeways.— (1) If after inspecting any aerial ropeway opened to public traffic, an 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 grounds therefor, to the ^{^[45]}[Provincial Government]; and the ^{^[46]}[Provincial Government], after such further enquiry, if any, as it may think fit, may thereupon order that, for reasons to be set forth in the order, the aerial ropeways, 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 aerial ropeway or any part thereof which he considers necessary, pending the orders of the ^{^[47]}[Provincial Government].

(2) When under sub-section (1) an aerial ropeway or any part thereof has been closed to any traffic, it shall not be reopened to such traffic until it has been inspected and its reopening sanctioned, in the prescribed manner.

DISCONTINUANCE OF AERIAL ROPEWAYS

22. Cessation of powers of promoter on discontinuance of aerial ropeway.— If, at any time after the opening of an aerial ropeway, it is proved to the satisfaction of the ^{^[48]}[Provincial Government] that the promoter has discontinued the working of the aerial ropeway or of any part thereof, without a reason sufficient, in the opinion of the ^{^[49]}[Provincial Government], to warrant such discontinuance, the ^{^[50]}[Provincial Government] may, if it thinks fit, declare by notification in the official gazette, that the powers of the promoter in respect of such aerial 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 an aerial ropeway shall be deemed to have been discontinued if it has ceased for the period determined in the order published under section 7, or, if the period has not been so determined, for a period of three months.

23. Powers of Provincial Government to remove aerial ropeway on cessation of promoter’s powers.— (1) When a declaration has been made by the ^{^[51]}[Provincial Government] under section 22 in respect of any aerial ropeway or of any part thereof, an officer appointed in that behalf by the ^{^[52]}[Provincial Government] may, at any time after the expiration of two months from the date determined as aforesaid, remove such aerial 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 private sale, and without any previous notice to the promoter, and 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 aerial ropeway or part thereof so removed; and may, out of the proceeds of the sale, pay and reimburse to himself the amount of costs certified as aforesaid and the costs of the sale, and shall pay over the residue (if any) of such proceeds to the promoter.

PURCHASE OF AERIAL ROPEWAYS

24. Power of Provincial Government and local authorities to purchase aerial ropeways.— (1) Where the promoter is the ^{^[53]}[Provincial Government], the ^{^[54]}[Provincial Government] may at any time transfer the undertaking or any part thereof to—

(a) a local authority or local authorities under terms and conditions approved of by, and with the consent of, such authority or authorities;

(b) to any other person under such terms and conditions as may be mutually agreed upon between the ^{^[55]}[Provincial Government] and the transferee.

(2) Where the promoter is not the ^{^[56]}[Provincial Government], the ^{^[57]}[Provincial Government] may—

(a) within such limits of time and upon such terms and conditions as may be specified in this behalf in the order, or

(b) if a time was not specified in the order, then within six months after the expiration of a period of twenty-one years from the date of the order, and within six months after the expiration of every subsequent period of seven years, or

(c) within two months after the publication of a notification under section 22, or within six months after the publication of a notification under section 26,

by notice in writing require the promoter to sell to the ^{^[58]}[Provincial Government] or to a local authority the aerial ropeway or a part thereof; and thereupon the promoter shall sell the same upon the terms specified in the order, or if the terms were not specified in the order, then upon the terms of receiving the then value of the aerial ropeway or of the part thereof. The then value of the aerial ropeway shall be deemed to be twenty-five times the amount of the average yearly net earnings derived by the promoter from the aerial ropeway or part thereof, during the three years immediately preceding the date of sale:

Provided that if the terms were not specified in the order published under section 7 the total amount so payable to the promoter shall not exceed by more than twenty percent the total capital expenditure of the promoter on

Pakistan (Punjab) Legislation

Punjab Aerial Ropeways Act 1926