6. Publication of proposed order authorising construction and contents of such orders.
(1)The [State] [Substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may, on application made by any promoter and after due consideration of 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 [State] 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 [State] Government on or before a date to be specified in the notice be received and considered.(3)The [State] 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 [State] [Substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government or a local authority to the promoter,(v)the right of purchase by the [State] 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;(ix)the rules relating to the construction of the aerial ropeway over roads and other public ways of communication, except railways as defined by the [Constitution] [Substituted for 'Government of India Act, 1935', by the Adaptation of Laws (Third Amendment) Order, 1951.] and with the previous sanction of [-] [The words 'the Federal Railway authority or' omitted by the Indian Indpendent (Adaptation of Bengal and Punjab Acts) Order, 1948.] the Central Government, over such railways;(x)the conditions under which the promoter may sell or transfer his rights to [State] [Substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government, or to a local authority, or person;(xi)the conditions under which the aerial ropeway may be taken over by the [State] Government to be worked by itself or by a local authority or by a person other than the promoter;(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 [State] 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 [State] Government may deem necessary.
