25. Power of State Government and local authorities to purchase Rope-ways.
(1)Where the promoter is the State Government, the State Government may at any time transfer the undertaking or any part thereof to -(a)a local authority or local authorities under terms and conditions approved of by, and with the consent of, such authority or authorities; or Cessation of powers of Promoter to discontinue Public Ropeway.(b)to any other person under such terms and conditions as may be mutually agreed upon between the State Government and the transferee.(2)Where the promoter is not the State Government, the State Government may -(a)Within such limits of time and upon such terms and conditions as may be specified in this behalf in the licence, or(b)If a time was not specified in the licence, then within six months after the expiration of a period of twenty-one years from the date of the licence, and within six months after the expiration of every subsequent period of seven years, or(c)Within two months after the publication of a notification under section 23 or within six months after the publication of notification under section 27 by notice in writing, require the promoter to sell to the State Government or to a local authority the Ropeway or a(d)part thereof, and thereupon the promoter shall sell the same upon the terms specified in the licence, or if the terms were not specified in the licence, then upon the terms of receiving the then value of the Ropeway, shall be deemed to be twenty-five times the amount of the average yearly net earnings derived by the promoter from the Ropeway or part thereof, during the three years immediately preceding the date of sale:Provided that, if the terms were not specified in the licence published under section 10, the total amount so payable to the promoter shall not exceed by more than twenty percent the total capital expenditure of the promoter on the Ropeway, or part thereof.(3)A requisition shall not be made under sub-section (2) requiring the promoter to sell to the local authority unless the making thereof has been approved by the local authority.(4)When a sale has been made under this section, all the rights, powers and authorities of the promoter in respect of the undertaking or part thereof sold, or, where a notification has been published under section 23 or section 27 , all the rights, powers and authorities of the promoter previous to the publication of the notification in respect of the undertaking or part thereof sold, shall be transferred to the authorities to whom the undertaking or part has been sold, and shall vest in, and may be exercised by, that authority in the same manner as if the ropeway had been constructed by it under a licence made under this Act.(5)Subject to, and in accordance with the preceding provisions of this section, two or more local authorities may jointly purchase an undertaking or so much thereof as is within their circles.(6)Where a purchase has been effected under sub-section (1) or sub-section (5), -(a)The undertaking shall vest in the purchaser free from any debts, mortgages or similar obligations of the promoter or attaching to the undertaking:Provided that any such debts, mortgages or similar obligations shall attach to the purchase money in substitution of the undertaking; and(b)save as aforesaid, the licence published under section 10 shall remain in full force and the purchaser shall deemed to be the promoter:Provided that where the State Government elects to purchase, the order under section 1-0 shall, after purchase, in so far as the State Government is concerned, cease to have any further operation.(7)Not less than two years' notice in writing of any election to purchase under clause (a) or clause (b) of sub-section (2) of this section shall be served upon the promoter by the State Government or the local authority, as the case may be.(8)Notwithstanding anything hereinbefore contained, a local authority may, with the prior sanction of the State Government, waive its option to purchase and enter into an agreement with the promoter for the working by him of the undertaking until the expiration of the next subsequent period mentioned in the order or referred to in clause (b) of sub-section (2), upon such terms and conditions as may be stated in the agreement.
