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State of Uttarakhand - Section

Section 5 in Uttarakhand Ropeways Act, 2014

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

(1)No ropeway shall be constructed, opened, maintained or operated within the State, except in accordance with the provisions of this Act.
(2)Notwithstanding anything in sub-section (1), any person and / or entity to whom a ropeway has been sanctioned or by whom a ropeway is being operated, in any part of the State, before the commencement of this Act, whether for public, private or industrial purpose may, on an application being made by him in this behalf in accordance with sub-section (3) hereunder, and after such enquiry as may be considered necessary, be, by licence, authorized to continue the development / operations of such ropeway, as far as may be, in accordance with the provisions of this Act.
(3)The application under sub-section (2) shall, within a period of sixty (60) 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 or entity aggrieved by the order refusing to grant a licence under sub-section (2) or by any order otherwise made under the sub-section may, within a period of sixty days of the date of the order, 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 operations of the ropeway referred to in sub-section (2) during the period within which an application under the sub-section (3) may be made or, where such application has been made, up to the date of grant of order or refusal to grant a licence under that sub-section becomes final.