Himachal pradesh act 013 of 1995 : Himachal Pradesh Aerial Ropeways (Amendment) Act, 1995

Section 1. Short title

1. Short title.- This Act may be called the Himachal Pradesh Aerial Ropeways (Amendment) Act, 1995.

Section 2. Amendment of Section 2

2. Amendment of Section 2.- In section 2 of the Himachal Pradesh Aerial Ropeways Act, 1968 (7 of 1969) (hereinafter called the principal Act), after clause (d), the following clause (dd) shall be added, namely:-

(dd) "Expert Committee" means a Committee constitute under section 12-A of this Act;".

Section 3. Amendment of Section 5

3. Amendment of Section 5.- In section 5 of the principal Act, the following proviso and Explanation shall be added, namely;-

"Provided that the estimates, plans, specifications relating to the structural designs, qualify of material, factors of safety, method of computing stresses shall be in conformity with those as laid down by the Bureau of Indian Standards and shaft be duly certified by a qualified structural Engineer.

Explanation.-For the purposes of this section a "qualified structural Engineer" means a graduate Engineer having such qualifications and experience as may be prescribed."

Section 4. Amendment of section 6

4. Amendment of section 6.- In section 6 of the principal Act, in sub-section (4), in clause (xvi), the words "and minimum" shall be omitted.

Section 5. Amendment of section 10

5. Amendment of section 10.- In section 10 of the principal Act, in sub-section (1),-

(i) in clause (a), for the words "that he has made a careful inspection", the words "that he as well as the Expert Committee has made careful inspections" shall be substituted; and

(ii) in clause (e), after the words, "that in his opinion", the words "as well as in the opinion of Expert Committee" shall be inserted.

Section 6. Amendment of section 11

6. Amendment of section 11.- In section 11 of the principal Act,-

(a) in sub-section (1), after the words "Inspectors of aerial ropeways", the words "out of Graduate (Mechanical) Engineers, not below the rank of an Executive Engineer" shall be inserted: and

(b) for sub-section (2), the following sub-section (2) and (3) shall be substituted, namely:-

"(2) The Inspector shall exercise such powers 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 such Inspector, from time to time, to inspect such ropeways and to determine whether they are constructed and maintained in a fit condition and working properly to the entire convenience and safety of the persons using them and of the general public and consistent with the provisions of this Act:

Provided that the Inspector shall inspect the ropeway and its appurtenances,-

(i) where human beings are carried, at least once in three months; and

(ii) where animals and goods are carried, at least once in six months.

(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 purposes of this Act."

Section 7. Insertion of section 12-A

7. Insertion of section 12-A.- After section 12 of the principal Act, the following section 12-A shall be added namely;-

"12-A. Expert Committee.-(1) The State Government may, by notification in the official gazette, constitute one or more Expert Committees consisting of such number of persons, having such knowledge and experience in design, setting up and operating arial ropeways, and on such terms and conditions as may be prescribed.

(2) It shall be the duty of the Expert Committee,-

(i) to aid and advise the State Government and the Inspector in regard to any matter connected with the administration of the Act; and also in regard to-

(a) designs, erection or position of any aerial ropeway or of any work appertaining thereto;

(b) the addition to, or the alteration or closure of as aerial ropeway;

(c) the variation of the character of any ropeway or of the mode of use thereof;

(ii) to conduct inspection of aerial ropeways and appurtenances-

(a) at the initial stage, before the sanction is granted for its operation under sub-section 10 of section 10 of this Act;

(b) subsequently at least once in a year; and

(c) on such other occasions as may be directed by the State Government;

to ensure that the ropeway is fit for public traffic, and no danger is involved in its use."

Section 8. Amendment of section 13

8. Amendment of section 13.- In section 13 of the principal Act-

(i) in the beading after the word "Inspectors", the words "and Expert Committee" shall be added; and

(ii) after the word "inspector" the words "or as the case may be to the members of the Expert Committee", shall be added.

Section 9. Amendment of section 18

9. Amendment of section 18.- In section 18 of the principal Act, the words "and minimum" shall be omitted.

Section 10. Substitution of section 20

10. Substitution of section 20.- For the existing section 20 of the principal Act, the following shall be substituted, namely;-

"20. When any accident occurs in the course of working of an aerial ropeway, the promoter shall, without unnecessary delay, send notice of the accident to the State Government and to the inspector; and the promoter's servant-in-charge 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-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 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 it ocurred or to such other magistrate and police officer us the State 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."

Section 11. Insertion of section 20-A

11. Insertion of section 20-A.- After section 20 of the principal Act, the following section 20-A shall be added, namely:-

"20-A. Rescue operations.- If the State Government incurs any, expenditure during any rescue operation, the promoter shall be liable to pay the expenditure incurred by the State Government and in case the promoter fails to pay the whole or part of if, it shall be recoverable as an arrear of land revenue."

Section 12. Amendment of section 27

12. Amendment of section 27.- In section 27 of the principal Act, in sub-section (1), after clause (e), the following clause (ee) shall be added, namely:-

"(ee) for regulating the qualifications of the staff employed for running and maintaining the aerial ropeway:".

Section 13. Amendment of section 32

13. Amendment of section 32.- In section 32 of the principal Act, in sub-section (2)-

(i) for clause (a), the following clauses (a), (aa) and (aaa) shall be substituted, namely:-

"(a) the qualifications and experience of the structural Engineer under section 5;

(aa) the powers, functions and duties of an Inspector appointed under section 11;

(aaa) the constitution of the Expert Committee under section 12-A and terms and conditions of the appointment, qualifications and experience of its members;"; and

(ii) in clause (d), the words "and minimum" shall be omitted.

Section 14. Amendment of section 33

14. Amendment of section 33.- In section 33 of the principal Act, for words "two hundred", the words "five thousand" and for the word "fifty", the words "five hundred" shall be substituted.

Section 15. Amendment of section 36

15. Amendment of section 36.- In section 36 of the principal Act, the existing section shall be renumbered as sub-section (1), and thereafter the following sub-section (2) shall be added, namely:-

"(2) If the promoter does any thing or omits to do anything, mentioned in section 33, in relation to an aerial ropeway with intent