Rajasthan act 018 of 1997 : The Rajasthan Ropeway - Act 1996

15 Oct 1997

LAW (Legislative Drafting) Department (Group II)

NOTIFICATION

Jaipur, October 15, 1997 No. F. 2 (8) Vidhi/2/96 : In pursuance of clause (3) of Article 348 of the Constitution of India, the Governor is pleased to authorise the publication in the Rajasthan Gazette of the following translation in the English Language of the Rajasthan Rajjumarg Adhiniyam, 1996 (1997 Ka Adhiniyam Sankhya 18) :-

Rajasthan Ropeways Act, 1966

(Act No. 18 of 1997) [Received the assent of the Governor on 13th day of October, 1997.] An Act to authorise, facilitate and regulate the construction and working of ropeways in the State of Rajasthan.

Be it enacted by the Rajasthan State Legislature in the Forty Eight Year of the Republic of India, as follows :-

CHAPTER-I

PRELIMINARY

1. Short title, extend and commencement :

(1). This Act may be called the Rajasthan Ropeways Act, 1996. (2). It extends to the whole of the State of Rajasthan. (3). It shall come into force on such date as the State Government may, by notification in the Official Gazette, appointed in this behalf.

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

(a) "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 a ropeways;

(b) "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 Collector as defined in the Rajasthan Tenancy Act, 1955 (Rajasthan Act No. 3 of 1955) and shall include an officer, not below the rank of a Sub-Divisional Officer as defined in the aforesaid Act, appointed by the State Government to perform the functions of a Collector under this Act;

(e) "Government" or "State Government" means the State Government of Rajasthan;

(f) "License" means a license authorising the construction of a ropeway under this Act and includes a license authorising the continuance of the working of a ropeway existing immediately before the commencement of this Act as also any license substituted for, or amending or extending any such license;

(g) "Local authority" means an institution of self-government established by or under an Act of the State Legislature, whether for a rural or an urban area, and includes any other authority legally entitled to, or entrusted by the government with, the control or management of a municipal or local fund;

(h) "post" means a post, trestle, standard, strut, stay or other contrivance or part of a contrivance for carrying, suspending or supporting a rope;

(i) "prescribed" means prescribed by rules made under this Act;

(j) "promoter" means-

(i) the State Government,

(ii) a local authority,

(iii) any person, or

(iv) any body corporate firm or any society registered under the provisions of any law for the time being in force,

to whom a license has been granted under section 10 or under subsection (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 use or working of a ropeway, have developed;

(k) "public ropeway" means a ropeway used for public carriage of passengers, animals or goods or any of them;

(l) "rate" includes any fare, charge, or other payment for the carriage of passengers, animals or goods;

(m) "rope" includes any cable, wire, rail or way, whether flexible or rigid, used for suspending, carrying or hauling a carrier;

(n) "ropeway" means a ropeway used for a public or private carriage of passengers, animals or good 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;

(o) "State" means the State of Rajasthan; and

(p) "undertaking" means all movable and immovable property of the promoter suitable to and used by him for the purposes of a ropeway.

CHAPTER-II

LICENSING AUTHORITY AND ESTABLISHMENT

3. Licensing Authority : - The Authority having power to grant licenses under this Act (hereinafter referred to as the Licensing Authority) shall be the District Magistrate having territorial jurisdiction appointed as such under the provision of section 20 of the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974.)

4. Appointment of certain Inspectors and subordinate officers and servants and their powers and duties :

(1) The State Government may appoint such person to be the Chief Inspector of the Ropeways for the State (hereinafter referred to as the Chief Inspector and such person to be the Inspector of Ropeways for a District (hereinafter referred to as the District Inspector) as it deems fit and may fix the fees to be charged to promoters for the performance by them of their duties under this Act.

(2) The Chief Inspector and the District 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 any such Inspector from time to time and at least once a year in the case of

the Chief Inspector and once a quarter in the case of the District Inspector to inspect the ropeways and to determine whether they are maintained in a fit condition and worked with due regard to the convenience and safety of the persons using them and of the general public, and consistently with the provisions of this Act.

(3) The Chief Inspector and the District Inspectors shall, for the purpose of any of the duties which they are authorised or required to perform under this Act, be deemed to be public servants as defined in the Indian Penal Code, 1860 (Central Act 45 of 1860).

(4) The promoter and his servants and agents shall afford to the Chief Inspector and the District Inspector all reasonable facilities for performing the duties and exercising the powers imposed and conferred up on them by or under this Act.

(5) 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.

CHAPTER-III

PROCEDURE AND PRELIMINARY INVESTIGATION

5. Unauthorized construction, maintenance, etc. of Ropeways prohibited :

(1) No ropeway shall be constructed, opened, maintained or worked except in accordance with the provisions of this Act.

(2) Notwithstanding anything in sub-section (1), any person by whom a ropeway was, in any part of the State, being worked immediately before the commencement of this Act, whether for public, private or industrial purpose may, on an application being made by him in this behalf and after such inquiry as may be considered necessary, be, by license, authorised to continue the working of such ropeway subject to such restrictions and conditions as may, for the purpose of bringing the working of such ropeway, as far as may be, into accord with the provisions of this Act, be specified in the license.

(3) The application under sub-section (2) shall, within a period of thirty days from the date of commencement of this Act, be made to the Licensing Authority in such form and manner and with such technical or other details regarding the concerned ropeway as may be prescribed.

(4) Any person aggrieved by an order refusing to grant a license under sub-section (2) or by any other otherwise made under that sub-section may, within a period of sixty days of the date of the order appealed against, prefer an appeal to the State Government which may pass such order as it deems necessary.

(5) Nothing contained in sub-section (1) shall affect the continuance of the working of the ropeways referred to in sub- section (2) during the period within which an application under that sub-section may be made or, where such application has been made, upto the date the order granting or refusing to grant a license under that sub-section becomes final.

6. Application for permission to undertake investigations : Every application by an intending promoter other than the State Government for permission to undertake the necessary preliminary investigations in regard to a proposed ropeway shall be submitted to the licensing authority.

7. Contents of applications :

(1) Every application to be made under section 6 shall contain all the information relevant to the proposed ropeway and may include-

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

(b) a description of the system of construction and management and of the advantages to the community to be expected from such ropeway;

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

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

(f) such maps, plans, sections and diagrams as may be prescribed and such other information as the licensing authority may require in order to form an idea of the proposal.

8. Sanction to preliminary investigations :

(1) The Licensing Authority or, where the immovable properties not belonging to the intending promoter are involved, the State Government may, subject to the provisions of this Act and of the Land acquisition Act. 1894 (Central Act 1 of 1894), accord sanction to the intending promoter to make such surveys as may be necessary.

(2) Before according sanction under sub-section (1), the Licensing Authority or, as the case may be, the State Government may also require the intending promoter to submit such detailed estimates, plans, sanctions and specifications and such further information as it may think necessary for the full consideration of the proposal.

(3) The intending promoter shall not be entitled to claim any compensation from the State Government for any expenses incurred under this section in the event of his application being refused.

CHAPTER-IV

LICENSES AUTHORISING THE

CONSTRUCTION OF ROPEWAYS

9. Publication of proposed license authorising construction and contents of such license :

(1) The Licensing Authority may, on an application being made by any intending promoter, and after due consideration of the details supplied in accordance with sub- section (2) of section 8, publish in any two daily newspapers circulating in the State out of which at least one shall be in the regional language, a draft of the proposed license authorising the construction by, or on behalf of, such promoter, subject to such restrictions and conditions as the Licensing Authority may think proper, of a ropeway within any area, or along any route specified in such license-

(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 goods; or

(e) for any private or industrial purpose.

(2) A Notice shall be published with the draft license stating that any objection or suggestion which any person may desire to make with respect to the proposed license will, if submitted to the Licensing Authority within a period of thirty days from the date of the notice be received and considered by it.

(3) The Licensing Authority shall also cause public notice of the intention to grant the license to be given at conspicuous places within the said area or along the said route, and shall, so far as may be 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 license, which may be received from any person within the period specified in sub-section (2) and take decision thereon.

(4) The draft of the proposed license shall contain such details of the proposed ropeway as may be prescribed.

10. Grant of license :

(1) If, after considering any objections or suggestions which may have been made in respect to the draft before the expiry of the period specified in sub-section (2) of section 9, the Licensing Authority is of opinion that the application should be granted with or without modifications, or subject to any restrictions or conditions, he shall grant a license accordingly.

(2) Every license authorising the construction of a ropeway granted under sub-section (1) shall, in such form as may be prescribed, be published in the official Gazette and such publication shall be conclusive proof that the license has been granted as required by this section.

11. Cessation of powers given by license under section 10 :

If a promoter authorised by a license granted under section 10 to construct a ropeway does not, within the time specified in the license, make progress according to the schedule of progress

approved by the Licensing Authority, the powers given to the promoter by such license shall, unless, on an application made by the promoter in this behalf, the Licensing Authority, extends the time so specified, cease to be exercised;

Provided that in case the Licensing Authority rejects an application made under this section, he shall do so by an order made in this behalf and for reasons to be recorded in writing.

12. Revocation of license and grant of a further license :

(1) The Licensing Authority may, on the application of the promoter, by order, revoke the license subject to the terms and conditions of the license or amend or extend it by a further license.

(2) An application under sub-section (1) for an amendment or extensions of the license shall be made in the same manner and subject to the same conditions as an application for license.

(3) If the Licensing Authority grants the application, it shall, by order, revoke the license or, as the case may be, grant the further license in the same manner as a license except that the rights, powers and authorities asked for in the said application shall not be increased, modified or restricted by the further license without the consent in writing of the promoter.

CHAPTER-V

INSPECTION OF ROPEWAYS

13. Inspection of a ropeway before opening :

(1) No ropeway shall be opened for any kind of traffic until the Licensing Authority has, by order, sanctioned the opening there of for that purpose. The sanction of the Licensing Authority under this section shall not be given until the Chief Inspector has reported in writing to the Licensing Authority-

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

(b) that the moving and fixed dimensions and such other conditions as may be prescribed have been complied with;

(d) that due compliance of the rules and conditions of license has been made;

(e) that in his opinion sufficient measures have been taken to prevent and control the pollution caused or likely to be caused by the working of the ropeway; and

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

(2) The provisions of sub-section (1) shall extend to the opening of additional sections of the 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. The said provisions shall also extend to the continuance of the ropeways referred to in sub-section (2) of section 5.

CHAPTER-VI

CONSTRUCTION AND MAINTENANCE

OF PUBLIC ROPEWAYS

14. Authority of promoter to execute works :

(1) Subject to the provisions of this Act the rules made thereunder, 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, offices, 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 a public ropeway:

Provided that a promoter may take any action under clause (b) or clause (c), 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 an 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.

The order so made shall also fix the date by which such amount of compensation or of the annual rent shall be paid and the actual payment of such amount of compensation or of the first annual rent shall be a condition precedent for execution of any works referred to in sub-section (1).

15. Temporary entry upon land for repairing or preventing accidentU :

(1) Subject to the rules made under this Act, a promoter or his duly authorised servant or agent may, at any time for the purpose of examining or repairing a public ropeway, or of preventing any accident, enter upon any immovable property adjoining such 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 authorised 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, or the person to whom it shall be paid, the matter shall be referred to the decision of the Collector.

16. Removal of obstructions :

(1) When any tree standing or lying near a public ropeway, or where any structure or other object which he has placed or has fallen near such ropeway subsequent to the grant of a license under section 10 in regard to such ropeway, interrupts or interferes with, or is likely to interrupt or interfere with the construction, maintenance or use of such ropeway, the Collector may, on the application of the promoter after affording a reasonable opportunity of being heard to the person affected, cause the tree, structure or object to the removed or otherwise dealt with as he thinks fit.

Explanation : 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.

CHAPTER-VII Working of Ropeways

17. Promoter may fix rates :

The promoter shall, for the purposes of working a public ropeway, and subject to such maximum rates as may be ordered by the Licensing Authority, have power, from time to time, to fix the rates for the carriage of passengers, animals or goods on the ropeway.

18. Reporting of accidents :

Whenever any accident of a description attended with loss of human life or serious physical injury to any human being, or with serious injury to property occurs in the course of working of a ropeway, the promoter or any person authorised by him in this behalf shall forthwith-

(i) inform and report the matter to the officer-in-charge of the police station in whose jurisdiction the site of the accident is situated;

(ii) inform in writing to the Licensing Authority, the Collector and District Magistrate of the District in which the accident has occurred; and

(iii) inform the nearest hospital or dispensary.

19. Power to close and reopen ropeways :

(1) If after inspecting any ropeway opened to traffic, the District Inspector is of opinion that the 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 Licensing Authority, and the Licensing Authority after such further inquiry, if any, as he may think fit, may thereupon order that, for reasons to be set forth in the order, the 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 District Inspector may order the suspension of the working of the ropeway or any part thereof which he considers necessary pending the order of the Licensing Authority, the District Inspector shall forthwith make a report of his order to the Licensing Authority who will make necessary order within a period of seven days.

(2) When under sub-section (1), a 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.

CHAPTER-VIII

DISCONTINUANCE OF PUBLIC ROPEWAYS

20. Cessation of powers of promoter on discontinuance of public ropeway :

If, at any time after the opening of a public ropeway, it is proved to the satisfaction of the Licensing Authority that the promoter has discontinued the working of such ropeway or of any part thereof; without a reason sufficient, in the opinion of the Licensing Authority to warrant such discontinuance the Licensing Authority may, if he thinks fit after affording a reasonable opportunity of being heard to the promoter, declare, by notification in the Official Gazette, that the powers of the promoter in respect of such 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 a ropeway shall be deemed to have been discontinued if it has ceased for the period determined in the license published under section 10, or if the period has not been so determined, for a period of three months.

21. Powers of licensing Authority to remove a public ropeway on cessation of promoter's powers :

(1) When a declaration has been made by the Licensing Authority Under section 20 in respect of any public ropeway or of any part thereof, an officer appointed in that behalf by the Licensing Authority may at any time after the expiration of two months from the date determined as aforesaid, remove such 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, with the written consent of the promoter, by private sale, and with due notice to the promoter but 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 public 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 cost of sale, and shall pay over residue (if any) of such proceeds to the promoter.

CHAPTER-IX

APPEALS

22. Appeal to and revision by the State Government :

(1) All orders made by the Licensing Authority or the Collector under this Act except those which are made by the Collector under the provisions of the Land Acquisition Act, 1894 (Central Act No. 1 of 1894), shall be appealable within thirty days from the date of order and the appeal shall lie to the State Government.

(2) Any appeal preferred under sub-section (1) shall normally be disposed of by the State Government within three months from the date of receipt of the appeal.

(3) The State Government may, of its own motion, call for and examine the records of any proceedings for the purpose of satisfying itself as to the legality or property of any order made under this Act by the Licensing Authority or the Collector not being an award or order made or passed by the collector under the provisions of the Land Acquisition Act, 1894 (Central Act No. 1 of 1894) and if in any case it shall appear to the State Government that any such order should be modified, annulled or revised or remitted for reconsideration, the State Government may, after giving the party to be affected thereby a reasonable opportunity of being heard, pass such order thereon as it may deem fit.

CHAPTER-X

SUPPLEMENTARY PROVISIONS

23. Protection of roads, railways and waterways :

No promoter shall, in the course of the construction, repair, working or management of a ropeway, cause any permanent injury to any public road, railway, or waterway, if any, or a high tension power line or any other thing of a public utility service or obstruct or interfere with, otherwise than temporarily as may be necessary, the traffic on any public road, railway, or waterway.

CHAPTER-XI

OFFENSES, PENALTIES

24. Failure of promoter to comply with Act :

If a promoter -

(a) Constructs or maintains or works a ropeway otherwise than in accordance with the terms of a license granted under section 10 or under sub-section (2) of section 5; or

(b) opens a ropeway or permits it to be opened in contravention of any of the provision of section 13; or

(d) works a ropeway existing immediately before the commencement of this Act in contravention of the provisions of section 5; or

(e) fails to comply with the provisions of section 17; or

(f) fails to send notice of any accident as required by section 18; or

(g) fails to close a ropeway in accordance with an order passed under sub-section (1) of section 19 or reopens any ropeway in contravention of sub-section (2) of that section; or

(h) continues to exercise the powers of a promoter in respect of any ropeway in contravention of the provisions of section 20; or

(i) contravenes any of the provisions of section 23; or

(j) contravenes the provisions of any rule made under section 26; he shall, without prejudice to the enforcement of specific performance of the requirements of this Act, or of any other remedy which may be obtained against him, be punishable with fine which may extend to one thousand rupees, and in the case of a continuing offense, to a further fine which may extend to two hundred and fifty rupees for every day after the date of the first conviction during which the offender is proved to have persisted in the offense.

CHAPTER-XII

DELEGATION OF POWERS OF, AND MAKING OF

RULES BY STATE GOVERNMENT

25. Delegation of the powers of the State Government :

The State Government may, by notification in the Official Gazette, delegate all or any of the powers conferred on it by this Act, except that of making rules, to the Licensing Authority or to any other authority, to be exercised within such area and subject to such conditions as may be specified in the notification.

26. Power of the State Government to make Rules :

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

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

(a) the power and duties of the Chief Inspector and the District Inspector appointed under section 4;

(b) the accident of which notice shall be given to the Licensing Authority and to the District Inspector;

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

(d) the standard dimenstions and specifications to which the rope-way is to conform;

(e) the manner in which notice under this Act shall be served;

(f) the safe and efficient working of ropeways;

(g) the conditions under which, and the manner in which, the powers conferred on promoters by section 14 and section 15 may be exercised;

(h) the procedure for the disposal of application under subsection (2) of section 19 or reopen any ropeway or part there of and the conditions under which such ropeway may be reopened;

(i) the procedure for filing, hearing and disposing of appeals under this Act;

(j) the fees to be charged to promoters and other persons in respect of licenses, application, inquiries, inspection, and services rendered under this Act;

(k) the procedure for making, hearing and disposing of applications under this Act;

(l) provision for fire fighting, first aid and other amenities; and

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

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

(4) Every rule made under this Act shall be laid, as soon as may be after it is made, before the House of the State Legislature while it is in session for a total period of not less than fourteen days which may be comprised in one session or in two or more successive sessions and if before the expiry of the session in which it is so laid or the sessions aforesaid, the House makes any modification in the rule or decides that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

JAGAT SINGH

Secretary to the Govenrment.

Tourism Department, Jaipur Notification

Jaipur, August 14, 2000

G.S.R.41.- In exercise of the powers conferred by Section 26 of the Rajsthan Ropeways Act, 1996 (Act No 18 of 1997) and other enabling powers under the said Act in this behalf, the state Government hereby makes the following rules, namely:

Rajasthan Ropeway Rules, 2000

1. Short title and commencement :

(1) These rules may be called the Rajasthan Ropeways Rules, 2000.

(2) They shall come into force at once.

2. Definitions : In these rules, unless the subject or context otherwise requires-

(a) "Act" means the Rajasthan Ropeways Act, 1996 (Act No. 18 of 1997); and

(b) The terms and expressions used in these rules but not defined shall have the meanings assigned to them under the Act or as have been provided thereunder.

3. Power and duties of Chief Inspector :

(1) The Chief Inspector shall have power to inspect any Ropeway in the State at any time and it shall be his duty to inspect every Ropeway at least once in a year;

(2) It shall be the duty of the Chief Inspector, while inspecting any Ropeway, to ensure that-

(i) the same is being maintained in a fit condition;

(ii) the same is being maintained with due regard to the safety of persons using the same or to the general public;

(iii) the same is being operated in accordance with the provisions of the Act and these rules;

(iv) the moving and fixed dimensions as specified under rule 7 of these rules are being complied with by the promoter;

(v) the Ropeway is sufficiently equipped for the traffic for which it is intended;

(vi) due compliance of the provisions of the Act, rules and conditions of the License has been made;

(vii) sufficient measures have been taken to prevent control of pollution caused or likely to be caused by working of the Ropeway;

(viii) the ropeway is fit for traffic and can be used without danger to those using it or to the person employed thereon or to the general public;

(ix) the carriers and other components of the Ropeways including the cable, wire or rail are in safe workable conditions;

(x) the arrangements for embarkation and disembarkation of persons, animals and goods are safe and efficient and do not involve danger to life or property;

(xi) in the case of public Ropeways, the rates as fixed under the provision of the Act alone are being charged by the servants of the promoter for carriage of persons, animals and goods and there is no violation of such such provision; and

(xii) proper receipt or ticket of charges or fair collected by the servants of the promoter is given to the persons using the rope ways for carriage of persons, animals or goods.

(3) The Chief Inspector shall have power to call for information from the District Inspector as to the working of the Ropeway at any time as also of the out come of his periodical or other inspection.

4. Power and duties of the District Inspector :

(1) The District Inspector shall have power to inspect any Ropeway under his jurisdiction at any time and it shall be his duty to inspect every Ropeway at least once in a quarter.

(2) The District Inspector, while inspecting the Ropeway shall ensure that-

(i) the same is being maintained in a fit condition;

(ii) the same is being maintained with due care and regard to the safety of persons using the same or the general public;

(iii) the same is being operated in accordance with provisions of the Act and these rules-

(iv) the moving and fixed dimensions as specified under rule 7 of these rules are being complied with by the promoter;

(v) the Ropeway is sufficiently equipped for the traffic for which it is intended;

(vi) due compliance of the provisions of the Act, rules and conditions of the License has been made;

(vii) sufficient measures have been taken to prevent control of pollution caused or likely to be caused by working of the Ropeway;

(viii) the ropeway is fit for traffic and can be used without danger to those using it or to the person employed thereon or to the general public;

(ix) the carriers and other components of the Ropeways including the cable, wire or rail are in safe workable conditions;

(x) the arrangements for embarkation and disembarkation of persons, animals and goods are safe and efficient and do not involve danger to life or property;

(xii) in case of public using the Ropeway for carriage of persons proper receipt of ticket or charges or fair collected by the servants of the promoter is given to the persons using the Ropeways for carriage of person, animal or goods;

(3) The District Inspector shall report without delay to the Chief Inspector about the short comings, deficiencies and violation or any other inspection carried out by him;

(4) The District Inspector shall have power to call for information from the promoter as to the working of the Ropeway at any time as also of the out come of his periodical or other inspections.

5. Notice of accidents to the Licensing Authority and the District Inspectors :

(1) Whenever any accident occurs in the working of a Ropeways involving loss of human life or serious physical injury to a human being, the promoter or any person acting for the time being as incharge of Ropeways system on his behalf, or any person duly authorised by him in this behalf shall, besides informing the officer in charge of a police station having Jurisdiction over the area where the site of the accident is situated and taking necessary steps for first aid and seeking necessary medical aid from the nearest hospital or Dispensary, inform forthwith in writing to the Licensing Authority, the Collector and District Magistrate of the District in which the accident occurs, setting

out all necessary details of the persons involved with accident including name parentage, age, sex, address and nationality of the person as also circumstances under which the accident occurred.

(2) Whenever any accident occurs in the course of working of a Ropeways and no loss of human life or serious physical injure to any person is involved but serious injury to property is occasioned, the promoter or any person acting on his behalf or duly authorised by him in this behalf, shall, besides reporting incident of accident to the officer in charge of the police station having jurisdiction over the site of accident, inform in writing to Licensing Authority, the Collector and Distract Magistrate of the Distract in which the accident occurs.

(3) A copy of the reports of the accidents sent by the promoter or any person acting in his behalf to the Licensing Authority and the Collector and Distract Magistrate of the Distract under sub- rules (1) or (2), as the case may be, shall simultaneously be sent to the District Inspector.

6. Duties of the promoter, promoter's servants and of police officers and the District Magistrate on the occurrence of an accident :

(1) The promoter and his servants running the Ropeways, on occurrence of any accident, besides taking necessary steps and intimating the various authorities about the accident under rule 5, shall take urgent steps providing for medical facilities to the persons injured in the accident and when loss of human life is involved, the dead bodies of the victims of accident shall be kept with due care and dignity till such time the officers in charge the police station having jurisdiction takes charge of the bodies or are carried to a Hospital or Dispensary for post-mortem.

(2) The Collector and Distract Magistrate on receipts of information of accident involving loss of human life shall either personally visit the site of accident or direct the Executive Magistrate having Jurisdiction to visit the site of accident and supervise the expeditious and timely completion of legal prerequisites for handing over to the next of kin, of the dead bodies of the persons met with accident on a Ropeway.

(3) The Collector and District Magistrate or any other Executive Magistrate deputed by him under sub-rule (2), shall besides acting as contemplated under sub-rule (2), take steps for informing the next of kin of the victims of accident and assist in timely completion of legal requirements for handing over of dead bodies to them.

(4) The officer in-charge of the police station having jurisdiction over the site of accident shall act promptly in accordance with law.

(5) When the accident in the working of the Ropeway involves no loss of human life but involves serious physical injuries to any person-

(a) the Collector and District Magistrate or any other Executive Magistrate having jurisdiction, on receipt of information of the accident, shall personally visit the site of accidents and supervise relief operations and the help being provided to the victims of accidents and ensure that the incident is properly conveyed to the next of kin of the persons involved in accident;

(b) the Collector and Distract Magistrate or the Executive Magistrate shall ensure that proper medical facilities are provided promptly at the Hospital where the victims of accidents are admitted and are being treated.

(6) It shall be the duty of the promoter or any person for the time being in-charge of and responsible for the running of the Ropeway to seek and arrange for treatment of the injured in a Hospital and bear the expenses of all the hospital charges in connection with treatment which shall however be liable to be set off. out of the charges or damages/compensation, if any, awarded by any court in accordance with law.

(7) Where any accident in the running of the Ropeway neither involves any loss of human life nor serious physical injury but involves serious mental, physical stress and agony with imminent danger to life owing to dis-functioning of the Ropeway, the promoter or any person for the time being acting on his behalf or being the in-charge of the Ropeway system, shall take all possible steps to ensure safety of the persons involved in the accident or malfunctioning of the Ropeway and seek all possible help and take all

prudent steps for safety and providing relief to the persons involved in the accident or malfunctioning of the Ropeway.

(8) Upon reporting of an accident of the nature contemplated under sub rule (7), the Collector and Distract Magistrate of the District where the site of accident on the Ropeway is situated, shall either visit personally or direct any other Executive Magistrate to visit the site of accident to supervise and where the collector and District Magistrate is satisfied that the things are beyond the control of the promoter or his servants to have the life of the persons, he shall take necessary steps to assist the promoter or his servant, in seeking help from other quarters competent to render help and for that purpose he may exercise all powers vested him under any law, for the time being in force, and expenses incurred on seeking such out side help shall be borne by the promoter.

7. Standard dimension and specification of a Ropeway : The standard dimensions and specifications of a Ropeway shall be such as may be specified by the State Government in the Tourism Department, on receipt of a project report from the Licensing Authority, in respect of each and every individual Ropeway project and the same shall form part of the license agreement.

8. The manner of serving notice under the Act : The notice under the provisions of the Act shall be served by delivering the same personally or by means of registered post.

9. Safe and efficient working of Ropeway :

(1) Every promoter of a Ropeway installed for the purpose of carrying passengers, goods or animals shall make necessary arrangement for efficient and safe working of the Ropeways.

(2) The person in charge of the Public Ropeways acting on the authority of the promoter shall each time before the start of the Ropeway operations ensure that,-

(a) an inspection all its systems and appurtenances is carried out;

(b) it is fit for traffic;

(3) Every promoter of a Ropeway meant for industrial use shall make necessary arrangement for efficient and safe working of the Ropeway.

(4) The person in-charge of the Ropeway (meant for industrial use) acting on the authority of the promoter shall, each time before the start of Ropeway operation ensure that-

(a) an inspection of all its system or appurtenance is carried out;

(b) it is fit of use;

(5) Every promoter shall ensure that besides regular checking and inspection of the Ropeway system by the employees and officers, special checking and inspection is also carried out periodically as per directions of the Licensing Authority by the engineers and staff of the company which initially installed the system or by any other company or consultant specialised in the field or Ropeways installation or maintenance.

(6) The wear and tear of the equipments trolley or Gondola shall be promptly serviced and the defective parts shall be replaced immediately without delay.

(7) Every promoter or its manager shall maintain register of inspections regularly for each Ropeway system and all necessary details of day to day and periodical inspections shall be maintained in Form 'C' appended to these rules and shall be submitted to the Licensing Authority or the District Inspector or the Chief Inspector or Ropeway as and when they come to inspect the Ropeway system.

10. Exercise of powers conferred on the promoter under section 14 and 15 of the Act :

(1) The promoter may, in respect of the property not belonging to the promoter, exercise power under subsection (1) of 14 of the Act only when the Collector of the District authorizes him to do so after following the due procedure under and in accordance with the provisions of the Land Acquisition Act, 1894 (Central Act No. 1 of 1894).

(2) In respect of the matter covered under proviso to sub-section (1) of section 14 of the Act, the power can be exercised by the promoter only when the Collector passes orders and determines compensation under sub-section (2) of section 14 and the amount of compensation or in the case of annual rent, the first annual installment has been paid to the owner of the property affected there by.

(3) The promoter while exercising power under section 14 and 15 of the Act, shall act with dignity and honour with the owner of the property effected by the exercise of power under section 14 and 15 and before entering in or upon any land or premises, he shall give due notice to the owner or occupants of the land or premises and no ingress or egress upon such land and other properties/premises shall be effected before sun rise or after sun set:

Provided that in case of grave emergency when any accident occurs on the Ropeway and life of the human beings cannot be served except by having ingress or egress in or over of the Land and premises of other person, the promoter may do so even at odd hours after according a memo in this behalf.

11. The opening of the Ropeway closed under sub-section (1) of the section 19 : Whenever any Ropeway is closed to all traffic or any specified class of traffic under sub-section (1) of section 19 of the Act, the same shall not be opened to said traffic until the-

(a) the promoter requests the Licensing Authority in writing stating that the grounds on which the Ropeway was closed, no longer exist and that the defect/faults in the Ropeway system or part thereof, as the case may be, have been removed and the Ropeway is in a safe and fit. condition; and

(b) Licensing authority has got the Ropeway or part thereof which was closed to traffic, inspected by the District Inspector or the Chief Inspector, as the Licensing Authority may deem necessary and the report of the said Inspector certifies that the Ropeway or part thereof, as the case may be, is in a safe and fit conditions to traffic for which it was closed earlier owning to unsafe condition.

(2) Upon consideration of the report of the District Inspectors or Chief Inspector, as the case may be, if the Licensing Authority is satisfied that there is no danger to the class of traffic for which the Ropeway was closed and the Ropeway is in a safe and fit condition for said traffic, he may sanction the opening of the Ropeway by order in writing and there upon the promoter may be authorised to open the Ropeway.

12. Procedure for filing, hearing and disposal of appeals :

(1) All appeals under section 22 of the Act shall be preferred in the form of a plaint as provided under the Code of Civil Procedure, 1908 (Central Act No. 5 of, 1908) stating the cause of action, grounds of appeal and the relief sought and shall be addressed to the Secretary to the Government of Rajasthan, Tourism Department.

(2) On receipt of an appeal, the Secretary to the Government shall process the appeal on a new file and submit forthwith the same to the Minister In-charge of the Tourism Department and the Minister shall fix time place and date of hearing and orders for issue of the notices to the concerned parties including the authority against whose order the appeal has been preferred. The notice shall be served either personally or by registered post.

(3) On the date so fixed under sub-rule (2), the Minister In-charge shall hear the parties and record evidence and also allow any documents to be exhibited.

(4) After hearing the parties, the Minister In-charge may confirm or modify or set aside or revise the order or may remit it for reconsideration.

(5) The Minister In-charge of the Tourism Department may delegate his power to the Secretary to the Department, Department of Tourism, Government of Rajasthan.

(6) The certified copies of the order passed by the State Government shall be made available to all the parties.

13. Fees to be charged from an applicant promoter and other persons for services rendered under the Act :

(1) An application made by any person to the Licensing Authority under section 6 for the permission to undertake preliminary investigation for the Ropeway shall be accompanied by an application fee of rupees one thousand.

(2) The application fee shall be deposited in head of account of the State Government and in the manner as may be specified by the Licensing Authority.

(3) The Chief Inspector of Ropeway for the State and the Inspector of Ropeways for a District appointed under section 4 of the Act shall be paid a fee of rupees one thousand by the promoter as and when he may visit for inspection of the Ropeway or called upon to do so by the promoter. The fee thus received by the Chief Inspector and the Inspector for the District, shall be deposited in the account of the State Government in the manner as may be specified by the State Government.

(4) Whenever any license is granted to any promoter, he shall deposit a license fee of rupees five thousand in the account of the Tourism Department of the State Government in the manner as may be specified by the State Government.

14. Procedures for the making, hearing and disposing of application :

(1) An Application by an intending promoter for permission to undertake investigation in regard to setting up a Ropeway shall be made in Form 'A' appended to these rules.

(2) Upon receipt of an application under sub-rule(1), the Licensing Authority shall scrutinise the application and may seek such further information from the applicant (the intending promoter) in order to form any fair idea of the proposal.

(3) After considering all the details in the application and as also additional details, if any, if the Licensing Authority is satisfied that proposal to undertake preliminary investigation for setting up of a Ropeway is worth acceptable, he may accord sanction for preliminary investigation in accordance with the provisions of section 8 of the Act.

(4) Where the preliminary investigation is proposed to be conducted in or over the land or premises not belonging to the applicant (the intending promoter), the Licensing Authority in his capacity as Collector of the District shall before according sanction for preliminary investigation proceed under and in accordance which the provisions of the Land Acquisition Act 1894 (Central Act No. 1 of 1894) and comply with the provision of that law.

(5) Once an award is made and that becoming final and payment of compensation having been made in accordance with the provisions of the Land Acquisition Act 1894 (Central Act No. 1 of 1894) or section 14 of this Act, the Licensing Authority may proceed further to consider the proposal of the applicant (intending promoter) on receipt of preliminary investigation report from him.

(6) The Licensing Authority after considering all the details supplied by the applicant and on being satisfied that License can be granted to the applicant (the intending promoter) may publish the proposed license in the manner as provided under section 9 of the Act.

(7) The draft proposed License shall contain the following details of the proposed Public Ropeway namely:-

(i) the name, address and other descriptions of the proposed Licensee;

(ii) the place or places where the Ropeway is to be constructed/installed with the route over which the same shall operate;

(iii) the time within which the capital required for construction of the Ropeway shall be raised;

(iv) the time within which the construction shall be completed:

(v) the time within which the Ropeway shall be completed;

(vi) the condition under which the concession, guarantee or financial assistance may be given to the promoter;

(vii) the right of purchase of Ropeway by the State Government or Local Authority;

(viii) The conditions regarding audit and accounts;

(ix) the conditions regarding arbitration for settlement of disputes;

(x) the specifications relating to structural designs, quality of material, factors of safety, methods of computing stresses and other such technical details as may be considered necessary by the Licensing Authority with power approval of the State Government in the Tourism Department;

(xi) the moving the fixed dimensions of the rope way, its subsystems and appurtenances;

(xii) the maps, plans, sections and diagrams as approved by the Licensing Authority with the prior concurrence of the State Government in the Tourism Department;

(xiii) the condition relating to the construction of Ropeway over roads or other public ways of communication except Railways for which previous sanction of the Railways for which previous sanction of the Railways shall have to the obtained through the Central Government before constructing or communicating Ropeway over the Railways;

(xiv) the condition under which the promoter may sell or transfer his right to the State Government or to a Local Authority or to any person, body corporate, firm, association of individuals other than the promoter;

(xv) the motive power to be used on the rope way and the condition, if any, on which such power may be used;

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

(xvii) the points of or under rope way at which bridges or guards shall be constructed or maintained or parks shall be developed;

(xviii) the traffic which may be carried on the rope way, the traffic which the promoter shall be bound to carry and the traffic which he may refuse to carry;

(xix) the maximum and minimum rates that may be charged by the promoter subject, however to the maximum rates as may be ordered by the Licensing Authority.

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

(xxi) the measures that may be considered necessary to be taken by the promoter for the prevention and control of likely accident in the working of the Ropeways;

(xxii) the measures that may be considered necessary for the prevention and control of any type of pollution caused of or likely to be caused by the working of the Ropeways;

(xxiii) the measures for comfortable sitting and or standing space for persons using the ropeway at the entry and exit points as also provisions for fresh air, drinking water and other civic amenities at these places;

(xxiv) such matters as the State Government may deem necessary and lay down from time to time which shall be deemed to be forming part of the conditions of License; and

(xxv) duration of License (i.e. the date of commencement and termination)

(8) The draft license for private or Industrial Ropeway, may contain such matters at the State Government may specify by order with respect to each such Ropeway.

(9) After considering the objections or suggestions, if any, which are received before the expire of the period specified in the notice published under section 9 of the Act, if the Licensing Authority is of the pinion that the License should be granted with or without modification or subject to restrictions or conditions, he shall grant the license accordingly.

(10) The License authorising the construction and running of a Ropeway shall be in form

"B" appended to these rules.

(11) The License granted to any promoter under section 10 of the Act shall be, as soon as may be, published in the Official Gazette.

15. Provisions for fire fighting : The promoter shall take adequate measures for safety against out break of fire and shall install necessary fire lighting equipment at the Ropeway establishment and its all systems.

16. First aid :

(1) The promoter shall maintain sufficient stock of first aid material including common unrestricted medicines at convenient place of the Ropeway system for being used during emergencies.

(2) the promoter shall get some of its employees trained in emergent handling of cases needing first aid and be in touch with the nearest hospital, dispensary and medical practitioner for prompt relief if the situation to warrants.

17. Amenities :

(1) The promoter of a public Ropeway shall make necessary arrangements at the entry and exit points for safe, convenient and comfortable stay of the persons using the Rope way system.

(2) facility of pure drinking water may be provided at entry or exist points as also at various sub-systems or junctions, if any. During summer, it may be ensure that the water made available is cool.

(3) adequate facilities for toilets and urinals shall be provided by the promoter at all entry, exit and waiting places.

(4) where any stalls or eating jaunts or counter or stalls of cold drink or hot drinks are provided either by the promoter or under License from him in the premises under his control or possession shall ensure that reasonable rates of all these things are charged from the persons and each counter or stall shall conspicuously display rate chart.

(5) In case where the rates are found to be excessive in comparison to that class of things supplied in the areas/town/city, the Licensing Authority may regulate the rates and direct the promoter to ensure due compliance from the vendors.

(6) Where civic amenities, facilities as specified under this rule are found to be lacking or are inadequate, the Licensing Authority may require the promoter to provide such facilities to the persons using the Ropeway.

(7) Non compliance of the directions of the Licensing Authority may be deemed to be breach of the conditions of the License.

18. Inspection by the Officers of Tourism Department :

(1) With a view to ensure that the Ropeway attracts good number of inland and foreign tourists, the Director Tourism, Art and Culture Department, Rajasthan or any Officer subordinate to him duly authorised by him in that behalf may, inspect the Ropeway installations its appurtenances and facility areas and make suggestions to the promoter for improvements in the existing facilities as also to provide additional facilities to the tourists and other people using in the Ropeway.

(2) Where suggestion made by the Officers of the Tourism Department are not taken into consideration by the promoter within a reasonable period, the matters shall be referred to the Licensing Authority and the Licensing Authority on being satisfied as to be appropriateness of those suggestions, shall take adequate measures under the provisions of the Act and these rules as also under the terms and conditions of License to implement the suggestions made under sub-rule(1).

No.F5(42)GA/I/81/Tourism

डॉ. लललत के. पंवार

Secretary to Govt.

Deptt of Tourism

Form - A (See Rule 14) Application for permission to undertake preliminary investigations.

To The Licensing Authority,

......................................

Rajasthan.

Sir,

In pursuance to the provisions of section 6 of the Rajasthan Ropeways Act, 1996 (Act No. 18 of 1997) I hereby seek your permission for undertaking preliminary investigation for setting up Ropeway............. (locality City/Town/Village) ........... Tehsil..............District in the State of Rajasthan.

The requisite information, including that which is required under section 7 of the aforesaid Act is given have under: -

1. Name..........................................................

2. Nationality...................................................

3. Age..................... (in the case of registered firm or a company, the date of registration or corporation.)

4. Occupation....................................................

5. Address ......................... (in the case of firm or a company, the registered address.)

6. Description of the Ropeway undertaking and of the route to be followed by the proposed Rope way.............................

7. Estimate of cost of construction and management and of the advantage of the community to be expected from the proposed Ropeway.................................................

8. Estimated cost of the proposed Ropeway.........................

9. Statement of estimated working expense and profits expected

..........................................................

10. Statement of maximum and minimum rates which the applicant proposes to charge........................................

11. Specification, standard dimensions, maps, plans, sections and diagrams of the Ropeway.......................................

12. Financial standing of the applicant and the source through which additional resource are to be mobilised for the project

13. Previous experience in the fields of running the Ropeway, if any...............................................................

14. Other expertise, specialised knowledge or experience in executing or running the projects of like nature....................

15. Any other information as the licensing authority may require, shall be furnished.........................................

16. Information as required under the provisions of the Act........ It is therefore requested that sanction for preliminary investigation under sanction 8 of the Rajasthan Ropeway Act, 1996 (Act No. 18 of 1977) may be accorded early. Place :

Dated :

Yours faithfully

(Signatures)

Full Name, address of the applicant/applicants

Form - B (See rule 14 (10)) License Agreement

This agreement made at............this ......... day between the Governor of the state of Rajasthan called the "Licenser" of the One Part and the ...................... a registered firm/company incorporated under the companies Act, 1956 and having registered office at........ (here in after called the "Licensee") which expression shall include its assignees or successors) of the

OTHER PART

The Licensee has applied for construction, communication and running of the Ropeway for carriage of passengers/goods/passengers and goods/animals and goods/passengers alone from the foot of..........Hill.................to the upper portion/top side of the.................... Hill and associated amenities situated near/at Village/Town/City- ............... in .................. District in the State of Rajasthan

The Licensee had agreed to install, maintain and operate at its own cost an (aerial) Ropeway for carriage of passengers/goods/animals from the foot ............... of Hill to upper most/Top hill portion of .................. Hill and to provide for other associated and ancillary tourist amenities. The Licenser has agreed to the grant of Licensee under and in accordance with the provisions of the Rajasthan Ropeways Act, 1996 (Act No. 18 of 1997).

Now, this license agreement grants all the liberties and power of a licensee upon the terms and conditions hereinafter expressed.

The license agreement witnesses as follows, namely :-

(1) In consideration of the royalties, covenants and conditions hereinafter reserved and contained on the part of the licensee, to be paid, observed and performed, the licenser having considered the proposals of the licensee in accordance with the provisions of the Rajasthan Ropeways Act, 1996 (Act No. 18 of 1997) hereby grants unto the licensee full liberty and power to enter upon and use such of the land and hill side situated at ............... hill shown in the plan annexed hereto distinguished as "line of the aerial Ropeway" and thereon to construct and maintain as near the red line, as conveniently may be, Aerial Ropeway, with all necessary usual and other usual ancillary work facility and there after to use the same for the carriage of passenger/goods/ animals:

Provided always that the said liberty shall be subject to the provisions of the Rajasthan Ropeways Act, 1996 (Act No. 18 of 1997) and the rules made there under as amended from time to time, and the restrictions here-in-after contained.

(2) The Licensee shall hold enjoy all the rights, liberties, power and authorities hereinbefore granted for a term of.................years computed from the date of execution of this agreement. The Lease period may be subject to future extension by the Licenser for a period of years, if the Licensee may so desire, subject to the royalty mentioned in clause (3) of this agreement.

(3) The Licensee shall pay a royalty of Rs.................. per annum for the original period of License and the royalty for the extended period shall be such as may be determined by the State Government.

(4) All communications addressed to the Licensee above named shall be sent either at the registered office mentioned hereinbefore in this License or at the Local Office of the Ropeways.

(5) The Ropeway shall be constructed/installed at................(place) and shall operate from ............ (place/location) to.......................(place/location).

(6) The License shall in case where he has no sufficient capital of his own/its own raise necessary capital within three months from the date of execution of this License agreement.

(7) The construction/installation work of the Ropeway shall be completed within a period of one year or within such extended period as the Licenser may allow on the request by order in writing.

(8) The Licensee while raising capital shall not encumber the Ropeway beyond it's net capital worth at any given time.

(9) The Licensee shall be entitled to transfer to Ropeway to the State Government, Local authority of the circle or to any person firm or a body corporate at any time but while transferring the undertaking to any person or body the License shall inform the Licenser before hand and clear all outstanding dues, if any. The Licensee shall maintain proper accounts of installation and operation of the Ropeway and these Accounts shall be audited by a Chartered Accountant.

(10) The Ropeway shall confirm to the specifications relating to structural designs, quality of martial factors of safety, methods of computing stresses and other technical details as have been set forth and provided in Annexure-I appended to this License Agreement. [Note: - This Annexure may contain the standard specifications, technical details to which a Ropeway must conforms as are duly approved by the Licensing the provisions of the Act and the Rules.]

(11) The moving and fixed dimension of the Ropeway, its subsystem and appurtenances shall be such as are given in Annexure- II appended this License Agreement.

(12) The maps, plans, sections and diagrams submitted by the License and approved by the Licenser are given in Annexure-III appended to this License Agreement.

(13) The licensee shall adhere to the specification, structure designs and the quality of material as set forth in the preceding Clauses (10) to (13), while constructing and running the Ropeways.

(14) The Licensee during the course of construction, repair, working, maintenance or management of the Ropeway, shall neither cause any permanent injury to any public or other means of communication including water way, if any, or high tension power line or any other thing of public utility service nor shall obstruct or interfere with, otherwise then temporarily as may be necessary in emergent situations the traffic on any public road, any other means of mass communication including a water way.

(15) The motive power to be used for conveying the Ropes and running the system as also stand by arrangements are given in Annexure-IV.

[Note: - This Annexure will contain all the details of motive power used and the stand by arrangements including generator or engine.]

(16) The points of or under the Ropeway at which bridges or guards shall be constructed or maintained or parks shall be developed are given in Annexure-V. The Licensee shall constructed and maintains these facilities/guards.

(17) The Licensee shall be authorised to carry the following type of traffic and to which he may refuse ..................................................................................................................... ........................................................................................... ........................... As far other traffic for which he is not authorised, he may decline.

(18) The promoter shall for the purpose of working of a public Ropeway, subject to the maximum rates as may be ordered by the Licensing Authority have power from time to time to fix rates for the carriage of passengers, animals or goods on the Ropeway.

(19) The Licensee shall abide by the terms and conditions embodied in this Licensee agreement.

(20) In the event of breach on the part of the licensee of the provisions of the Rajasthan Ropeways Act, 1996 (Act No. 18 of 1997) and rule made thereunder or any of the terms and conditions of this License Agreement, the Licensing Authority shall have power to suspend or cancel the License at any time.

(21) Other terms/conditions............................................

(i) .............................................................

(ii) .............................................................

(iii) .............................................................

(iv) .............................................................

(v) ............................................................. In witness whereof the parties aforesaid have signed, in the presence of witness given below on this ....... day of ......... 1999/2000.

Promoter

The party of the other part.

Licensing

Authority

(for an on behalf of the Governor of Rajasthan)

Party of the one post.

Witness: (1) Name:

Address :

Occupation:

Witness: (2) Name:

Address :

Occupation:

Witness: (1) Name:

Address :

Occupation:

Witness: (2) Name:

Address :

Occupation:

Form - "C" (See rule 9(7))

1. Name of the Ropeway system with location

2. Name of the Promoter

3. Name of the person for the time being in-charge of the Ropeway operations. Date Time

Name of the Technical Officer/

Employee or any other person

Carrying out inspection

Details of Inspections:

1. Where the Ropes are in fit condition ? (Yes/No)

2. Where the Gondola/Trolley with all its appurtenances are in proper conditions and fit for use

(Yes/No)

3. Whether all other system are in order (Yes/No)

Note: - Where any defect, deficiency, wear or tear in the system is noticed, that should be clearly mentioned and explained.

Certified that the Ropeway alongwith all its, appurtenances including Gondola/Trolley are fit for use/not fit for use owing to following defects/faults.

Details of faults/defects

Signature of the person inspecting the Ropeway Certified that the Ropeway alongwith all its sub- system/appurtenances including Gondola/Trolley are-

* (i) fit for use

* (ii) not fit for use owing to following defects/faults. (all defects/faults be clearly indicated with precise details) * Strike out the portion which is not applicable

Certificate after removal of defects/faults

Certified that the defects/faults indicated above in the inspection have been removed and the Ropeway alongwith all its sub-system/appurtenances including Gondola/Trolley is fit for use.

Signature of the Person removing the defects/faults Counter signature

of the person acting on behalf of the promoter and in-charge of the Ropeway.