The Aerial Ropeways Act, 1923

An Act to authorise, facilitate and regulate the construction and working of aerial ropeways in Bangladesh.

Section 1. Short title, local extent and commencement

(1) This Act may be called the ¹* * * Aerial Ropeways Act 1923.

(2) It extends to the whole of Bangladesh.

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

Section 2. Definitions

In this Act, unless there is anything repugnant in the subject or context,-

(1) "aerial ropeway" means an aerial ropeway (or any portion thereof) for the carriage of passengers, animals or goods, and includes all posts, ropes, 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;

(2) "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;

(3) "Collector" means the chief officer in charge of the land-revenue administration of a district, and includes any officer specially appointed by the Government to discharge the functions of a Collector under this Act;

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

(5) "local authority" means a ²Paurashava, Zilla Board, body of Port Commissioners or other authority legally entitled to, or entrusted by the Government with the control or management of a municipal or local fund;

(6) "order" means an order authorising the construction of an aerial ropeway under this Act;

(7) "post" means a post, trestle, standard, strut, stay or other contrivance or part of a contrivance for carrying, suspending or supporting a rope;

(8) "prescribed" means prescribed by rules made by the Government under section 42;

(9) "promoter" means-

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in whose favour an order has been made under section 7 or under section 28, 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 the aerial ropeway, have devolved or have been imposed by section 40;

(10) "rate" includes any fare, charge or other payment for the carriage of passengers, animals or goods on an aerial ropeway; and

(11) "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.

Section 3. Application for concession

Every application by an intending promoter other than the Government for permission to undertake the necessary preliminary investigations in regard to a proposed aerial ropeway for the public carriage of passengers, animals or goods shall be submitted to the Government.

Section 4. Contents of application

Every such application shall include -

Section 5. Preliminary investigations

Subject to the provisions of this Act, and of section 4 of the Land Acquisition Act, 1894, the Government may at their discretion, accord sanction to the intending promoter to make such surveys as may be necessary, and require him to submit such detailed estimates, plans, sections and specifications and such further information as they may deem necessary for the full consideration of the proposal.

The intending promoter shall not be entitled to claim any compensation from Government for any expense incurred under this section in the event of his application being ultimately refused.

Section 6. Order authorising construction and contents of such order

(1) The Government 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 a draft of the proposed order authorising the construction by, or on behalf of, such promoter, subject to such restrictions and conditions as the Government may think proper, of an aerial ropeway within any specified area or along any specified route-

(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 Government 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 Government shall also cause public notice of the intention to make the order to be given at convenient places within the said area of 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-

(xiii) the amount of security (if any) to be deposited by the promoter in the event of his application being granted;

Section 7. Final order

(1) If, after considering any objections or suggestions which may have been made in respect to the draft on or before the specified date, the Government are of opinion that the application should be granted with or without modifications, or subject or not to any restrictions or conditions, they shall make an order accordingly.

(2) Every order authorising the construction of an aerial ropeway for the public carriage of passengers, animals or goods shall be published in the official Gazette, and such publication shall be conclusive proof that order has been made as required by this section.

Section 8. Cessation of powers given by an order

If a promoter authorised by an order to construct an aerial ropeway for the public carriage of passengers, animals or goods does not, within the time specified in the order,-

the powers given to the promoter by such order shall, unless the Government prolongs the time so specified, cease to be exercised.

Section 9. Opening of aerial ropeway to passenger traffic

When the construction of an aerial ropeway has been authorised under this Act, for the public carriage of animals and goods only, the Government may, on application made by the promoter, sanction the opening of such ropeway for the public carriage of passengers also.

Section 10. Inspection of aerial ropeway before opening

(1) No aerial ropeway intended for the public carriage of passengers, animals or goods shall be opened for any kind of traffic until the Government or an Inspector empowered by the Government in this behalf has, by and order, sanctioned the opening thereof for that purpose. The sanction of the Government under this section shall not be given until an inspection has, after inspector of the ropeway, reported in writing to the Government-

(2) The provisions of sub-section (1) shall extend to the opening of additional sections of the ropeway, and to deviation lines and any alteration or re-construction materially affecting the structural character of any work to which the provisions of sub-section (1) apply or are extended by this sub-section.

Section 11. Appointment and duties of Inspectors

(1) The Government may appoint such persons as they deem fit to be Inspectors of aerial ropeways for the public carriage of passengers, animals or goods, and may fix the fees to be charged to promoters for the performance by Inspectors of their duties under this Act.

(2) It shall be the duty of any such Inspector from time to time to inspect such ropeways, and to determine whether they are maintained in a fit condition and worked with due regard to the convenience and safety of the persons using them and of the general public, and consistently with the provisions of this Act.

Section 12. Powers of Inspectors

An Inspector shall, for the purpose of any of the duties which he is authorised or required to perform under this Act, be deemed to be a public servant within the meaning of the ⁴Penal Code, and shall, for that purpose, have such powers as may be prescribed.

Section 13. Facilities to be afforded to Inspectors

The promoter, and his servants and agents, shall afford to an Inspector all reasonable facilities for performing the duties and exercising the powers imposed and conferred upon him by this Act, or by rules made thereunder.

Section 14. Authority of promoter to execute all necessary works

(1) Subject to the provisions of, and to the rules made under, this Act, and, in the case of immovable property not belonging to the promoter, to the provisions of any enactment for the time being in force for the acquisition of land for public purposes and for companies, a promoter of an aerial ropeway for public traffic may-

Provided that a promoter may take any action under clause (b) or clause (c) of this sub-section, notwithstanding the objection of the owner or occupier of the property affected thereby if the Collector, after giving such owner and occupier by notice in writing an opportunity of being heard, by an order in writing, permits such action.

(2) When making an order under the proviso to sub-section (1), the Collector shall fix the amount of Compensation or of annual rent or of both which should, in his opinion, be paid by the promoter to the owner of the property affected thereby, or, in the case of immovable property, to the owner or occupier thereof.

Section 15. Temporary entry upon land for repairing or preventing accident

(1) Subject to the rules made under this Act a promoter may, at any time, for the purpose of examining, repairing or altering an aerial ropeway for public traffic or of preventing any accident, enter upon any immovable property adjoining such ropeway, and may do all such works as may be necessary for such purpose.

(2) In the exercise of the powers conferred by sub-section (1), the promoter shall cause as little damage as possible and compensation shall be paid by him for any damage so caused; and, in a case of dispute as to the amount of such compensation, or the person to whom it shall be paid, the matter shall be referred to the decision of the Collector.

Section 16. Removal of trees, structures, etc.

(1) Where any tree standing or lying near an aerial ropeway for public traffic, or where any structure or other object which has been placed or has fallen near any such ropeway subsequently to the issue of an order under section 7 in regard to such ropeway, interrupt or interferes with, or is likely to interrupt or interfere with, the construction, maintenance, alteration or use of the ropeway, the Collector may, on the application of the promoter, cause the tree, structure or object to be removed or otherwise dealt with as he thinks fit.

(2) When disposing an application under sub-section (1), the Collector shall, in the case of any tree in existence before the construction of the aerial ropeway, award to the person interested in the tree such compensation, if any, as the thinks reasonable, and the Collector may recover the same from the promoter in the same manner as an arrear of land revenue.

Explanation- For the purposes of this section, the expression "tree" shall be deemed to include any shrub, hedge, jungle-growth or other plant.

Section 17. Orders of Collector subject to revision by Government

No suit shall lie, in respect of any matter referred to in the proviso to sub-section (1) section 14, sub-section (2) of section 14, section 15 or sub-section (1) of section 16, but every order made by a Collector under any of those sections, and every award made by him under sub-section (2) of section 16, shall be subject to revision by the Government except in the case of an award of compensation made by the Collector on account of action taken under clause (c) of sub-section (1) of section 14, which award shall be subject to revision by the District Judge.

Section 18. Promoter may fix rates

The promoter of an aerial ropeway for public traffic shall, for the purposes of working an aerial ropeway, and subject to such maximum and minimum rates as may be prescribed, have power from time to time fix the rates for the carriage of passengers, animals or goods on the aerial ropeway.

Section 19. Duty of promoter to work aerial ropeway without partiality

No promoter shall, for the purposes of working an aerial ropeway for public traffic, make or give any undue or unreasonable preference or advantage to, or in favour of, any particular person or any particular description of traffic in any respect whatsoever, or subject any particular person or any particular description of traffic to any undue or unreasonable prejudice or disadvantage in any respect whatsoever.

Section 20. Reporting of accidents

When any of the following accidents occur in the course of working an aerial ropeway for public traffic, namely:-

the promoter shall, without unnecessary delay, send notice of the accident to the Government and to the Inspector of the aerial ropeway;

and the promoter's servant in charge of the station on the aerial ropeway nearest to the place at which the accident occurred or, where there is no station, the promoter's servant in charge of the section of the aerial ropeway on which the accident occurred shall, with the least possible delay, give notice of the accident to the Magistrate of the district in which the accident occurred and to the officer in charge of the police-station within the local limits of which it occurred, or to such other Magistrate and police-officer as the Government may appoint in this behalf.

Section 21. Power to close and re-open aerial ropeway

(1) If, after inspecting any aerial ropeway opened to public traffic, an Inspector is of opinion that the ropeway or any specified part thereof cannot be used without danger to the public, or is no longer in a fit state for the carriage of any specified class of traffic, he shall state that opinion, together with the grounds therefor, to the Government;

and the Government, after such further inquiry, if any, as they may think fit, may thereupon order that, for reasons to be set forth in the order, the aerial ropeway, or the part thereof so specified, be closed to all traffic or to any specified class of traffic:

Provided that, in any case of extreme urgency, the Inspector may order the suspension of the working of the ropeway or any part thereof which he considers necessary, pending the orders of the Government on the case.

(2) When, under sub-section (1), an aerial ropeway or any part thereof has been closed to any traffic, it shall not be reopened to such traffic until it has been inspected, and its reopening sanctioned, in the prescribed manner.

Section 22. Cessation of powers of promoter on discontinuance of aerial ropeway

If, at any time after the opening of an aerial ropeway for public traffic, it is proved to the satisfaction of the Government that the promoter has, for three months, discontinued the working of the ropeway or of any part thereof, without a reason sufficient, in the opinion of the Government, to warrant such discontinuance, the Government, if they think fit, may declare that the powers of the promoter in respect of such aerial ropeway or part thereof shall be at an end; and thereupon the said powers shall cease and determine.

Section 23. Power of removal of aerial ropeway on cessation of promoter's powers

(1) When a declaration has been made under section 22, in respect of any aerial ropeway or of any part thereof, an officer appointed in that behalf by the Government may, at any time after the expiration of two months from the date determined as aforesaid, remove such aerial ropeway or part thereof, as the case may be;

and the promoter shall pay to the officer so appointed such costs of removal as shall be certified by that officer to have been incurred by him.

(2) If the promoter fails to pay the amount of costs so certified within one moth after the delivery to him of the certificate or of a copy thereof, such officer may, without any previous notice to the promoter and without prejudice to any other remedy which he may have for the recovery of the said amount, sell and dispose of the materials of the aerial ropeway or part thereof so removed;

and may, out of the proceeds of the sale, pay and reimburse himself the amount of costs certified as aforesaid and of the costs of the sale;

and shall pay over the residue (if any) of such proceeds to the promoter.

Section 24. Power of Government and local authorities to purchase aerial ropeway for public traffic

(1) When an order under section 7 has been made in favour of a promoter of an aerial ropeway for public traffic, not being the Government, or a local authority, the Government, or a local authority specified in the order published under section 7, shall, on the expiration of such period, not exceeding fifty years, and of every such subsequent period, not exceeding twenty years, as shall be specified in such order, have the option of purchasing the undertaking, and if the Government, or the local authority with the previous sanction of the Government, elect to purchase, the promoter shall sell the undertaking to the Government or to the local authority as the case may be, on payment of the value of all lands, buildings, works, materials, plant and apparatus of the promoter, suitable to, and used by him for the purposes of, the undertaking, such value to be in case of difference or dispute determined by arbitration:

Provided that the value of such lands, buildings, works, materials, plant and apparatus shall be deemed to be their fair market value at the time of purchase, due regard being had to the nature and condition for the time being of such lands, buildings, works, materials, plant and apparatus, and to the state of repair thereof, and to the circumstance that they are in such a position as to be ready for immediate working, and to the suitability of the same for the purposes of the undertaking:

Provided also that there shall be added to such value, as aforesaid, such percentage, if any, not exceeding twenty per cent. of that value, as may be specified in the order passed under section 7, on account of compulsory purchase.

(2) Where a purchase has been effected under sub-section (1)-

Provided that any such debts, mortgages or similar obligations shall attach to the purchase money in substitution for the undertaking; and

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Provided that where the Government elects to purchase, the order under section 7 shall, after purchase, in so far as the Government is concerned, cease to have any further operation.

(3) Not less than two years' notice in writing of any election to purchase under this section shall be served upon the promoter by the Government or the local authority, as the case may be.

(4) Notwithstanding anything hereinbefore contained, a local authority may, with the previous sanction of the 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 referred to in sub-section (1) upon such terms and conditions as may be stated in the agreement.

Section 25. Power to promoter to sell when option to purchase not exercised and order revoked by consent

Where, on the expiration of any of the periods referred to in section 24, neither the Government nor a local authority purchases the undertaking, and the order published under section 7 is, on the application or with the consent of the promoter, revoked, the promoter shall have the option of disposing of all lands, buildings, works, materials, plant and apparatus belonging to the undertaking in such manner as he may think fit.

Section 26. Proceedings in case of inability or insolvency of promoter

(1) If, at any time after the opening of an aerial ropeway for public traffic, it appears to the Government that the promoter is insolvent or is unable to maintain the ropeway, or to work the same with advantage to the public, or at all, the Government may declare that the powers of the promoter in respect of such aerial ropeway, shall, at the expiration of six months from the date of such declaration, be at an end; and thereupon the said powers shall, at the expiration of that period, cease and determine.

(2) At any time after the expiration of the said six months, an officer appointed by the Government in that behalf, may,notwithstanding anything contained in the⁶* * *

Insolvency Act, 1920, remove the aerial ropeway in the same manner and subject to the same provisions as to the payment of costs and to the same remedy for the recovery thereof, in every respect, as in cases of removal under section 23.

Section 27. Power of promoter to make bye-laws

(1) A promoter of an aerial ropeway for public traffic shall, subject to the provisions of sub-section (3), make bye-laws-

(2) Such bye-laws may provide that any person who contravenes the provisions of any of them shall be liable to fine which may extend to any sum not exceeding fifty Taka, and that, in the case of a breach of a bye-law made under clause (e) of sub-section (1), the promoter's servant responsible for the same shall forfeit a sum not exceeding one month's pay, which sum may be deducted by the promoter from his pay.

(3) A bye-law made under this section shall not take effect until it has been confirmed by the Government and published in the official Gazette:

Provided that no such bye-law shall be so confirmed until it has been previously published by the promoter in such manner as may be prescribed.

Section 28. Application for acquisition of land in case of certain private aerial ropeways

(1) Where the Government are satisfied that the construction, extension, working or management of an aerial ropeway for private traffic is likely to prove useful to the public by reason of its facilitating the transport of commodities in general use or is required for the conservation or service of undertakings supplying those commodities, and where the intending promoter of such aerial ropeway is desirous of obtaining any land for the purpose of such construction, extension, working or management, the Government may, on the application of such promoter, acquire on his behalf such land under the provisions of Part VII of the Land Acquisition Act, 1894, or procure the temporary occupation of the same under the provisions of Part VI of that Act, whether the said intending promoter is or is not a company as defined in that Act.

(2) The Government shall by notification in the official Gazette declare the commodities which shall be deemed to be commodities in general use for the purposes of sub-section (1).

Section 29. Agreement

(1) No order shall be made by the Government under sub-section (1) of section 28 until an inquiry has been held as hereinafter provided and the intending promoter has entered into an agreement with the Government in respect of the matters mentioned in sub-section (4).

(2) Such inquiry shall be held by such officer and at such time and place as the Government shall appoint.

(3) Such officer may summon and enforce the attendance of witnesses and compel the production of documents by the same means and, as far as possible, in the same manner as is provided by the Code of Civil Procedure 1908, in the case of a Civil Court.

(4) Such officer shall report to the Government the result of the inquiry, and if the Government are satisfied that the ropeway is or is likely to be useful to the public, they shall, subject to any rules made under section 42, require the intending promoter to enter into an agreement with the Government, providing to the satisfaction of the Government for the following matters, namely:-

(5) Every such agreement shall, as soon as may be after its execution, be published in the official Gazette.

Section 30. Temporary occupation of land in case of private aerial ropeway

If land is to be occupied temporarily in accordance with the provisions of sub-section (1) of section 28 on behalf of the promoter of an aerial reopeway for private traffic, and if the Government on the application of the promoter so direct, then the provisions of Part VI of the Land Acquisition Act, 1894, shall apply to such occupation, subject to the provisions that, notwithstanding anything contained in section 35 of the Land Acquisition Act, 1894, the occupation and use by the promoter of land occupied shall continue for such period, not exceeding ten years, as the Government may fix, and that the compensation payable to the persons interested in such land shall be fixed with due regard to any additional loss or inconvenience caused to them by reason of such period of occupation, including loss caused by the interruption of the getting of minerals by reason of such occupation.

Section 31. Failure of promoter to comply with Act

If a promoter of an aerial ropeway for public traffic-

he shall (without prejudice to the enforcement of specific performance of the requirements of this Act, or of any other remedy which may be obtained against him) be punishable with fine which may extend to two hundred taka, and, in the case of a continuing offence, to a further fine which may extend in the case of an offence specified in sub-clause (d), (e), (f), (i), (j) or (k) to fifty taka, and in the case of an offence specified in sub-clause (a), (b), (c), (g) or (h) to one thousand taka for every day after the first during which the offence continues to be committed.

Section 32. Unlawfully obstructing promoter in exercise of his powers

If any person without lawful excuse, the burden of proving which shall be upon him, wilfully obstructs any person acting under the authority of the promoter in the lawful exercise of his powers in constructing, maintaining, altering, repairing or working an aerial ropeway, or injures or destroys any mark made for the purpose of setting out the line or route of such ropeway, he shall be punished with fine which may extend to two hundred taka.

Section 33. Unlawfully interfering with aerial ropeway

If any person without lawful excuse, the burden of proving which shall be upon him, wilfully does any of the following things, namely:-

he shall (without prejudice to any other remedy which may be obtained against him in a Court of Civil Judicature) be punishable with fine which may extend to two hundred taka.

Section 34. Maliciously doing, abetting or attempting to do, act endangering safety of persons travelling or being upon aerial ropeway

If any person does anything mentioned in clauses (a), (b) or (c) of section 33 or does, attempts to do, or abets, within the meaning of the [Penal Code], the doing of any other act or thing in relation to an aerial ropeway with intent or with knowledge that he is likely to endanger the safety of any person travelling or being upon the aerial ropeway, he shall be punished with imprisonment for a term which may extend to fourteen years.

Section 35. Arrest for offences against certain sections

(1) If any person commits any offence under section 32 which obstructs the working of an aerial ropeway for public traffic, or commits any offence punishable with imprisonment under section 34, he may be arrested without warrant or other written authority by any servant of the promoter, or by any police-officer or by any other person whom such servant or officer may call to his aid.

(2) A person so arrested shall, with the least possible delay, be taken before a Magistrate having authority to try him or to commit him for trial.

Section 36. Returns

A promoter of an aerial ropeway for public traffic shall, in respect of such ropeway submit to the Government returns of capital, receipts and traffic at such intervals and in such forms as may be prescribed.

Section 37. Protection of roads, railways, tramways, and waterways

No promoter of an aerial ropeway shall, in the course of the construction, repair, working or management of such ropeway, cause any permanent injury to any public road, railway, tramway or waterway, or obstruct or interfere with, otherwise than temporarily, as may be necessary, the traffic on any public road, railway, tramway or waterway.

Section 38. Acquisition of land by a promoter

The Government may, if they think fit, on the application of any promoter of an aerial ropeway for public traffic desirous of obtaining any land for the purpose of constructing, working or managing such ropeway, direct that he may, subject to the provisions of this Act, acquire such land under the provisions of the Land Acquisition Act, 1894, in the same manner and on the same conditions as it might be acquired if the promoter were a company.

Section 39. Limitation of claims for damage to animals or goods

No person shall be entitled to a refund of an over charge in respect of animals or goods carried by an aerial ropeway for public traffic or to compensation for the loss, destruction or deterioration of animals or goods delivered to be so carried, unless his claim to the refund or compensation has been preferred in writing by him or in his behalf to the promoter within six months from the date of the delivery of the animals or goods for carriage by the ropeway.

Section 40. Application of Act to certain private aerial ropeways

(1) Sections 1, 2, 11, 12, 13, 14, 15, 16, 20 and 21, clauses (c), (f), (g), (j) and (k) of section 31, sections 34, 35 and 37, and sub-sections (1) and (3) and clauses (b), (c), (d), (e), (g), (h), (m), (o), (p) and (q) of sub-section (2) of section 42 shall also apply to the private aerial ropeways constructed for the purposes referred to in section 28, whether constructed before or after the commencement of this Act:

Provided that, in the application of section 16 to any such aerial ropeway, for the words "the issue of an order under section 7" the words "the opening of the ropeway to traffic or the issue of a notification for the acquisition of, or an order for the temporary occupation of, land in accordance with the provisions of sub-section (1) of section 28, whichever is earlier," shall be deemed to be substituted.

(2) Clause (a), (c) and (e) of sub-section (1) and sub-section (2) of section 10 shall also apply to all such private aerial ropeways constructed after the commencement of this Act, and clause (b) of section 31 shall apply to such ropeways to the extent that section 10 applies thereto.

(3) The Government, on the application of the promoter or otherwise, may declare that the provisions of section 28 and of sub-section (1) of this section shall apply to any private aerial ropeway or class of private aerial ropeways for private traffic.

Section 41. Power of Government to constitute an Advisory Board for aerial ropeways

(1) The Government shall, by notification in the official Gazette, constitute an Advisory Board for aerial ropeways.

(2) Such Board shall consist of a Chairman to be appointed by the Government who shall be a Chief Engineer to the Government, and two persons to be appointed by the Government as expert members.

(3) When any person is aggrieved by an order of the Government under section 7 or under section 21, such person, on payment of the prescribed fees, may within thirty days of the order, apply to the Government for revision of the same, and the Government shall take the advice of the Advisory Board in the prescribed manner and shall consider such advice and pass such orders in the matter as to the Government shall seem just and proper.

(4) With a view to enabling the Board to tender their advice under sub-section (3) the Board, with the consent of the Government and on payment of such further fees as may be prescribed, may make such further inquiry into the matter as the Board may consider to be necessary.

(5) The Government may, by general or special order,

Section 42. Power of Government to make rules

(1) The Government may, after previous publication, make rules to carry out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may prescribe-

(3) All rules made under this section shall be published in the official Gazette.