Uttarakhand Ropeway Act, 2014
No: 2 Dated: Jan, 03 2015
Uttarakhand Ropeway Act, 2014
(Act No. 02 of 2015)
An Act to authorize, facilitate and regulate the construction, operations and maintenance of ropeways in the State.
Be it enacted by the Legislative Assembly of Uttarakhand in the sixty-fifth year of the Republic of India as follows: -
CHAPTER - I
Preliminary
1. Short title, extent and commencement. - (1) This Act may be called the Uttarakhand Ropeways Act, 2014.
(2) It extends to the whole of Uttarakhand.
(3) It shall come into force at once.
2. Definitions. - In this Act, unless there is anything repugnant in the subject or context;
(a) "Applicable Law" means all laws, brought into force and effect by the Government of India or the State Government including rules, regulations and notifications made there under, and judgments, decrees, injunctions, writs and orders of any court of record, as may be in force in the State, from time to time;
(b) "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 operations of a ropeway;
(c) "Chief Inspector" and "District Inspector" mean the persons appointed under this Act respectively to be the Chief Inspector of Ropeways for the State and the Inspector of Ropeways for a District;
(d) "Collector" means the chief officer in charge of the land revenue administration of a district, and includes any officer specially appointed by the Government to discharge the functions of a Collector for the purpose of this Act;
(e) "entity" means and includes a company, trust, society, firm, and / or a body corporate or any other organization established in accordance with the applicable laws.
(f) "Government" or "State Government" means the State Government of Uttarakhand;
(g) "Licence" means a licence authorising the construction, operation and maintenance of a ropeway under this Act and includes a licence authorising the continuance of the operations and maintenance of a ropeway existing immediately before the commencement of this Act as also any licence substituted for, or amending or extending any such licence;
(h) "person" shall mean a natural person;
(i) "post" means a post, trestle, standard, strut, stay or other contrivance or part of a contrivance for carrying, suspending or supporting a rope;
(j) "prescribed" means prescribed by rules made under this Act;
(k) "promoter" means;
(i) the State Government;
(ii) any agency or department of the State Government;
(iii) any person or entity, which may be selected by the State Government as per Applicable Law;
(iv) any person or entity which is owning and or operating an existing ropeway on the date of coming in to force of this Act.
to whom a licence has been granted under section 10 or under sub-section (2) of section 5 or on whom the rights and liabilities conferred and imposed on the promoter by this Act, as to the construction, maintenance and operations of a ropeway, have devolved.
(l) "public ropeway" means a ropeway used for public carriage of passengers, animals or goods or any of them;
(m) "PPP" shall mean and refer to public private partnership;
(n) "rate" includes any fare, charge or other payment for the carriage of passengers, animals or goods;
(o) "rope" includes any cable, wire, rail or way, whether flexible or rigid, used for suspending; carrying or hauling a carrier;
(p) "ropeway" means a ropeway used for public or private carriage of passengers, animals or goods or any of them and includes posts, ropes, carriers, stations, offices, warehouses, workshops, machinery and where the wheels of carriers are made to run on the rails laid on the surface of the earth, such rails as well as any such other works as are used for the purposes of, or in connection with, such ropeway and all land appurtenant thereto;
(q) "State" means the State of Uttarakhand; and
(r) "Undertaking" means all movable and immovable property of the promoter suitable to and used by him for the purposes of a ropeway.