Jammu and Kashmir Aerial Ropeways Act, 2002

No: 12 Dated: Apr, 23 2002

THE JAMMU AND KASHMIR AERIAL ROPEWAYS ACT, 2002

Act No. XII of 2002

    An Act to authorize, facilitate and regulate the construction and working of the aerial ropeways in Jammu and Kashmir.

Be it enacted by the Jammu and Kashmir State Legislature in the Fifty-third year of the Republic of India as follows :-

CHAPTER I

Preliminary

1. Short title, extent and commencement. - (1) This Act may be called the Jammu and Kashmir Aerial Ropeways Act, 2002.

(2) It extends to the whole of the State of Jammu and Kashmir.

(3) It shall come into force on such date as the Government may, by notification in the Government Gazette, appoint.

2. Definitions. - In this Act, unless the context otherwise requires,

(a) "aerial ropeway" means an aerial ropeway (or any portion thereof) for the public carriage of passengers, animals or goods and includes all ropes, posts, carriers, stations, offices, warehouses, workshops, machinery and other works used for the purposes of, or in connection with, and all land appurtenant to, such aerial ropeway.

(b) "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 an aerial ropeway;

(c) "Circle" in relation to a local authority means the area within the control of that authority ;

(d) "Government" means the Government of Jammu and Kashmir ;

(e) "Government Gazette" means the Jammu and Kashmir Government Gazette ;

(f) "Inspector" means an Inspector of aerial ropeways appointed under this Act ;

(g) "local authority" means a Municipal Council, Town Area Committee, Notified Area Committee, Halqa Panchayat or other authority legally entitled to, or entrusted by the Government with, the control or management of a municipal or local fund ;

(h) "order" means an order authorising the construction of an aerial ropeway under this Act, and includes a further order substituted for, or amending, extending or revoking that order ;

(i) "post" means a post, trestle, standard, strulstay of other contrivance or part of contrivance for carrying, suspending or -supporting a rope ;

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

(k) "promoter" means-

(i) the State Government ;

(ii) a local authority ;

(iii) any person ;

(iv) any Company incorporated under the Companies Act, 1956 ; or

(v) any railway company as defined in the Indian Railway Act, 1980 ;

in whose favour an order has been made under section 7 or on whom the rights and liabilities conferred and imposed on the promoter by this Act, and by rules and orders made under this Act, as to the construction, maintenance and use of an aerial ropeway, have developed ;

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

(m) "rope" includes any cable, wire, rail or way, whether flexible or rigid, for suspending, carrying or hauling a carrier, if any, part of such, cable, wire, rail or way is carried overhead and is suspended from or supported on posts.