6. Order authorising construction and contents of such order. -
(1)The [State Government] [Words substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 and the Adaptation of Laws Order, 1950.] may, on application made by any intending promoter, and after due consideration of the details supplied in accordance with section 5, publish in the [Official Gazette] [Words substituted by the Government of India (Adaptation of Indian Laws) Order, 1937.] a draft of the proposed order authorising the construction by, or on behalf of, such promoter, subject to such restrictions and conditions as the [State Government] [Words substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 and the Adaptation of Laws Order, 1950.] may think proper, of an aerial ropeway within any specified area or along any specified route-(a)for the public carriage of passengers;(b)for the public carriage of passengers, animals and goods; or(c)for the public carriage of animals and goods.(2)A notice shall be published with the draft order stating that any objection or suggestion which any person may desire to make with respect to the proposed order, if submitted to the [State Government] [Words substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 and the Adaptation of Laws Order, 1950.] within such period, not being less than two months from the date of such publication, as may be specified in the notice, will be received and considered.(3)The [State Government] [Words substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 and the Adaptation of Laws Order, 1950.] shall also 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 the date specified in such notice and decide thereon.(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 conditions under which a concession, guarantee or financial assistance may be given by the [State Government] [Words substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 and the Adaptation of Laws Order, 1950.] or a local authority to the promoter;(v)the right of purchase by the [State Government] [Words substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 and the Adaptation of Laws Order, 1950.] or by a local authority;(vi)the conditions relating to the structural design, quality of materials, factors of safety, method of computing stresses, and other such technical details as may be considered necessary;(vii)the conditions relating to the construction of the ropeway over mining properties in accordance with rules made under section 42 and over roads and other public ways of communication [except railways and tramways not wholly within a municipal area, and with the previous sanction] [Words substituted by the Government of India (Adaptation of Indian Laws) Order, 1937.] of [****] [Words omitted by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948.] the Central Government, over such railways and tramways);(viii)the conditions under which the promoter may sell or transfer his rights to the [State Government] [Words substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 and the Adaptation of Laws Order, 1950, respectively.] or to a local authority, company or person;(ix)the conditions under which the ropeway may be taken over by the [State Government] [Words substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 and the Adaptation of Laws Order, 1950, respectively.] to be worked by itself or by a local authority or by a company or person other than the promoter;(x)the motive power to be used on the ropeway and the conditions (if any) on which such power may be used;(xi)the minimum headway to be maintained under different parts of the rope;(xii)the points under the rope at which bridges or guards shall be constructed and maintained;(xiii)the amount of security (if any) to be deposited by the promoter in the event of his application being granted;(xiv)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;(xv)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] [Words substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 and the Adaptation of Laws Order, 1950, respectively.]; and(xvi)such other matters as the [State Government] [Words substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 and the Adaptation of Laws Order, 1950, respectively.] may deem necessary.
