PUNJAB AERIAL ROPEWAYS ACT, 1926

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CONTENTS 
1. Short title and extent. 
2. Definitions. 
Procedure and Preliminary Investigations 
3. Application for concession. 
4. Contents of application. 
5. Preliminary investigations. 
Orders Authorizing the Construction 
of Aerial Ropeways 
6. Publication of proposed order authorizing construction and contents of 
such orders. 
7. Final order. 
8. Cessation of powers given by an order. 
9. Further order. 
Inspection of Aerial Ropeways 
10. Inspection of aerial ropeways before opening. 
11. Appointment of Inspector. 
12. Powers of Inspector. 
13. Facilities to be afforded to Inspector. 
Construction and Maintenance 
of Aerial Ropeways 
14. Authority of promoter to execute all necessary works. 
15. Temporary entry upon land for repairing or preventing accident. 
16. Removal of obstructions. 
17. Orders of Collector subject to revision by Provincial Government. 
THE PUNJAB AERIAL ROPEWAYS ACT, 1926 
(V of 1926) 
Working of Aerial Ropeways 
18. Promoter may fix rates. 
19. Duty of promoter to work aerial ropeway without partiality. 
20. Reporting of accidents. 
21. Power to close and re-open aerial ropeways. 
Discontinuance of Aerial Ropeways 
22. Cessation of powers of promoter on discontinuance of aerial ropeway. 
23. Powers of Provincial Government to remove aerial ropeway on 
cessation of promoter’s powers. 
Purchase of Aerial Ropeways 
24. Power of Provincial Government and local authorities to purchase aerial 
ropeways. 
25. Power of promoter to sell when option to purchase not exercised and 
order revoked by consent. 
Inability or Insolvency of Promoter 
26. Proceedings in case of inability or insolvency of promoter. 
Bye-laws 
27. Power of promoter to make bye-laws. 
Supplementary Provisions 
28. Returns.  
29. Protection of roads, railways, tramways and waterways.  
30. Acquisition of land on behalf of a promoter.  
31. Notification of claims to refunds of overcharges and to co mpensation 
for losses.  
Rules by the Provincial Government 
32. Power of Provincial Government to make rules.  
Offences, Penalties and Arrest 
33. Failure of promoter to comply with Act.  
34. Unlawfully obstructing promoter’s servant in discharge of his duty.  
35. Unlawfully interfering with aerial ropeway.  
36. Punishments for acts or attempts ten ding to endanger safety of persons 
travelling or being upon aerial ropeways.  
37. Arrest for offences against certain sections and procedure thereupon.  
TEXT 
12
THE PUNJAB AERIAL ROPEWAYS ACT, 1926 
(V of 1926) 
[18 May 1926] 
An 
Act 
to authorize, facilitate, and regulate the construction and working of aerial ropeways in the 
Punjab. 
Preamble.– WHEREAS it is expedient to authorize, facilitate, and regulate the construction 
and working of aerial ropeways in the Punjab and whereas the previous sanction of the 
Governor-General to the passing of this Act has been obtained , i t is hereby enacted as 
follows:– 
1. Short title and extent.– (1) This Act may be called the Punjab Aerial Ropeways Act, 
1926. 
(2) It extends to the Punjab. 
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 
public carriage of passengers, animals or goods, and includes all ropes, posts, ca rriers, 
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) “Circle” in relation to a local authority means the area within the control of that 
authority; 
(4) “Inspector” means an Inspector of aerial ropeways appointed under this Act; 
(5) “Order” means an order authorizing the construction of an aerial ropeway 
under this Act, and includes a further order substituted for, or amending, extending or 
revoking that order; 
(6) “Post” means a post, trestle, standard, strut, stay, or other contrivance or part 
of a contrivance for carrying, suspending or supporting a rope; 
(7) “Prescribed” means prescribed by rules made by the 
3
[Provincial Government] 
under section 32; 
(8) “Promoter” means– 
                                                           
1For Statement of Objects and Reasons, see Gazette of India, 1924, Part. V, at p. 115; and for report of Select Committee, see 
ibid., 1925, Part V, at p . 59. This Act has  been extended to the Leased Areas of Baluchistan, see the Leased Areas (Laws) 
Order, 1950 (G.G.O. III of 1950); and applied in the Federated Areas of Baluchistan, see Gazette of India, 1937, Part I, at p . 
1499. This Act was published in the Gazette of India, Part IV, dated 21.3.1925, at pp. 19-21. 
2For Statement of Objects and Reasons, see Punjab Gazette, December 18, 1925, Pt. V, pp. 358-360; for Select Committee’s 
Report, see ibid., 1926, Pt. V, pp. 62 -79; and for Proceedings in Council, see Punjab Legislative Council, Debates, Vol. VIII-B, 
p. 1831 and Vol. IX-A, pp. 705 and 845. This Act received the assent of the Governor of the Punjab on March  27, 1926; that of 
the Governor-General on May 2, 1926; and, published in the Punjab Gazette (Extraordinary), dated May 21, 1926, pp. 450-458. 
3Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published 
in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. 
(i) the 
1
[Provincial Government], 
(ii) a local authority, 
(iii) any person, 
(iv) any company incorporated under the 
2
[*] Companies Act, 1913
3
, or 
(v) any railway company as defined in the 
4
[*] Railway Act, 1890
5
, in whose favour 
an order ha s 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 devolved; 
(9) “Rate” includes any fare, charge or other payment for the carriage of 
passengers, animals or goods; 
(10) “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. 
Procedure and Preliminary Investigations 
3. Application for concession.– Every application by an intending promoter other than 
the 
6
[Provincial Government] in regard to a proposed aerial ropeway  for permission to 
undertake the necessary preliminary investigations shall be submitted to the 
7
[Provincial 
Government]. 
4. Contents of application.– Every such application shall include– 
(a) a description of the undertaking and of the route to be followed by the proposed 
aerial ropeway; 
(b) a description of the system of construction and management and the 
advantages to the community to be expected from the aerial ropeway; 
(c) an approximate estimate of the cost of construction thereof; 
(d) a statement of the estimated working expenses and profits expected; 
(e) a statement of the maximum and minimum rates proposed to be charged; 
(f) such maps, plans, sections, diagrams and other information as the 
8
[Provincial 
Government] may require in order to form an idea of the proposal. 
5. Preliminary investigations.– Subject to the provisions of this Act and of section 4 of 
the Land Acquisition Act, 1894
9
, the 
1
[Provincial Government] may, 
2
[***], accord sanction to 
                                                           
1Ibid. 
2Omitted the word “Indian” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), vide Notification No. 
825-Leg., published in the  Punjab Gazette (Extraordinary), dated January 21, 19 55, pp. 87-108, s. 3 read with  Second 
Schedule.  
3VII of 1913. 
4Omitted the word “Indian” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), vide Notification No.  
825-Leg., published in the Punjab Gazette (Extraordinary), dated January 21, 1955, p p. 87 -108, s. 3 read with  Second 
Schedule. 
5IX of 1890. 
6Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published 
in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. 
7Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published 
in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. 
8Ibid. 
9I of 1894. 
the promoter to make such surveys, as may be necessa ry, and require him to submit such 
detailed estimates, plans, sections, specifications, and such further information as it may 
deem necessary for the full consideration of the proposal.  The promoter shall not in any 
event be entitled to claim any compensat ion 
3
[from the 
4
[Government]] for any expense 
incurred under this section. 
Orders Authorizing the Construction of Aerial Ropeways 
6. Publication of proposed order authorizing construction and contents of such 
orders.– (1) The 
5
[Provincial Government] may, on application made by any 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 authorizing the construction of an aerial 
ropeway within any specified area or along any specified route by or on behalf of such 
promoter, subject to such restrictions and conditions as the 
6
[Provincial Government] may 
deem proper. 
(2) A notice shall be published with the draft stating that any objection or 
suggestion which any pe rson may desire to make with respect to the proposed order will, if 
submitted to the 
7
[Provincial Government] on or before a date to be specified in the notice, 
be received and considered. 
(3) The 
8
[Provincial Government] shall cause public notice of the i ntention 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 a date to be specified in such notice. 
(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 condition under wh ich a concession, guarantee, or  financial 
assistance may be given by the 
9
[Provincial Government] or a local 
authority to the promoter; 
(v) the rights of purchase by the 
10
[Provincial Government] or a local 
authority; 
(vi) the rules regarding audit and accounts; 
                                                                                                                                                                                     
1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published 
in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. 
2Omitted the words “in its discretion” by the Order ibid., Article 3 read with Schedule VI. 
3Substituted for the words “from the Government” by the Order ibid. 
4Substituted for the word “Government” by the West Pakistan Laws (Adaptation) Order, 1964, published in the Gazette of West 
Pakistan (Extraordinary), dated June 3, 1964, pp. 1805-1849, s. 2(1). 
5Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Law s) Order, 1937, published 
in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. 
6Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Or der, 1937, published 
in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. 
7Ibid. 
8Ibid. 
9Ibid. 
10Ibid. 
 (vii) the rules regarding arbitration for the settlement of disputes; 
(viii) the specifications relating to the structur al designs, quality of material , 
factors of safety, method of computing stresses and other such 
technical details as may be considered necessary; 
1
[(ix) the rules relating to the construction of the aerial ropeway over roads 
and other public ways of communication, 
2
[* * *]]; 
(x) the conditions under which the promoter may sell or transfer his rights to 
the 
3
[Provincial Government], or to a local authority, or person; 
(xi) the conditions under which the aerial ropeway may be taken over by the 
4
[Provincial Government] to be worked by itself or by a local authority or 
by a person other than the promoter; 
 (xii) the motive power to be used on the aerial ropeway and the conditions, if 
any, on which such power may be used; 
(xiii) the minimum headway to be maintained under different parts of the 
rope; 
(xiv) the points under the aerial ropeway at which bridges or guards shall be 
constructed and maintained; 
 (xv) 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; 
(xvi) the maximum and minimum rates that may be charged by the promoter, 
and the circumstances in which and the manner in whic h these rates 
may be revised by the 
5
[Provincial Government]; 
 (xvii) the amount of security, if any, to be deposited by the promoter in the 
event of his application being granted; and 
(xviii) such other matters as the 
6
[Provincial Government] may deem 
necessary. 
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 
7
[Provincial 
Government] is of opinion that the application should be granted, with or wi thout 
modification, or subject or not to any restriction or condition, it may make an order 
accordingly. 
(2) Every order authorising the construction of an aerial ropeway shall be 
published in the official Gazette, and such publication shall be conclusive proof that the order 
has been made as required by this section. 
                                                           
1Inserted by the Government of India (Adaptation of Indian Laws) Order, 1937, pu blished in the Gazette of India 
(Extraordinary), dated April 1, 1937, pp. 75-344, Article 3 read with Schedule VI. 
2Omitted the words “except railways as defined by the Government of India Act, 1935, and with previous sanction of the Central 
Government, ov er such railways” by the West Pakistan Laws (Adaptation) Order, 1964, published in the Gazette of West 
Pakistan (Extraordinary), dated June 3, 1964, pp. 1805-1849, s. 2(1). 
3Substituted for the words “Local Government” by the Government of India (Adaptatio n of Indian Laws) Order, 1937, published 
in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. 
4Ibid. 
5Ibid. 
6Ibid. 
7Ibid. 
8. Cessation of powers given by an order .– If a promoter authorized by an order to 
construct an aerial ropeway does not, within the time specified in the order, 
(a) succeed in raising the full  amount of capital required for the completion of the 
aerial ropeway; or 
(b) make, in the opinion of the 
1
[Provincial Government], substantial progress with 
the construction of the aerial ropeway; or 
(c) complete the construction thereof;  the powers given to the promoter by such 
order shall, unless the 
2
[Provincial Government] prolongs the time so specified, 
cease to be exercised. 
9. Further order.– (1) The  
3
[Provincial Government] 
4
[* * *]  may, on the application of 
the promoter, revoke, amend, or extend the order by a further order. 
(2) An application for a further order shall be made in the same manner, and 
subject to the same conditions, as an application for an order. 
(3) If the 
5
[Provincial Government] grants the application it shall make the further 
order in the same manner as an order, except that the rights, powers and authorities asked 
for in the said application shall not be increased, modified or restricted by the further order 
without the consent in writing of the promoter. 
Inspection of Aerial Ropeways 
10. Inspection of aerial ropeways before opening .– (1) No aerial ropeway shall be 
opened for any kind of traffic until the 
6
[Provincial Government] has by order sanctioned the 
opening thereof for that purpose. The sanction of the 
7
[Provincial Government] under this 
section shall not be given until an Inspector has reported in writing to the 
8
[Provincial 
Government]– 
(a) that he has made a careful inspection of the aerial ropeway and 
appurtenances; 
(b) that the moving and fixed dimensions and other conditions prescribed under 
the order have been complied with; 
(c) that the aerial ropeway is sufficiently equipped for the traffic for which it is 
intended; 
(d) that the bye -laws and working rules prescribed by section 27 and 32 have 
been duly made, appro ved, and promulgated in the manner prescribed in 
those sections; and  
(e) that in his opinion the aerial ropeway is fit for public traffic and can be used 
without danger to the public using it, or to the person employed thereon, or to 
the general public. 
                                                           
1Substituted for the words “Local Government” by the Governm ent of India (Adaptation of Indian Laws) Order, 1937, published 
in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations.  
2Ibid.  
3Ibid.  
4Omitted the words “in its discretion” by the Order ibid., Article 3 read with Schedule VI. 
5Substituted for the words “Local Government” by the Order ibid., Article 4(1) read with Table of General Adaptations.  
6Ibid.  
7Substituted for the words “Local Government” by the Government of India (Adaptation  of Indian Laws) Order, 1937, published 
in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations.  
8Ibid.  
(2) The provisions of sub -section (1) shall extend to the opening of additional 
sections of the aerial ropeway, to deviation lines, and to any alteration or reconstruction 
materially affecting the structural character of any work to which the provisions of sub-
section (1) apply or are extended by this sub-section. 
11. Appointment of Inspector .– (1) The 
1
[Provincial Government] may appoint 
Inspectors of aerial ropeways 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 such Inspectors from time to time to inspect aerial 
ropeways and to determine whether they are maintained in a fit condition and worked with 
due regard to the convenience and safety of the public, and cons istently with the provisions 
of this Act. 
12. Powers of Inspector.– An Inspector shall, for the purpose of any of the duties which 
he is authorized or required to perform under this Act, be deemed to be a public servant, as 
defined in the 
2
[Pakistan] Penal Code, and shall for that purpose have such powers as may 
be prescribed 
3
[by the Provincial Government] under clause (a) of sub -section (2) of section 
32. 
13. Facilities to be afforded to Inspector .– The promoter and his  servants and agents 
shall afford to the 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. 
Construction and Maintenance of Aerial Ropeways 
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 may– 
(a) make such survey as he thinks necessary; 
(b) place and maintain posts in or upon any immovable property; 
(c) suspend and maintain a rope over, along or across any immovable property; 
(d) make such bridges , culverts, drains, embankments and roads as may be 
necessary; 
(e) erect and construct such machinery, offices, stations, warehouses and other 
buildings, works, and conveniences as may be necessary; and 
(f) do all other acts necessary for constructing, mai ntaining, altering, repairing and 
using the aerial ropeway: 
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 Col lector, 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 
                                                           
1Ibid.  
2Substituted for the word “Indian” by the Punjab Laws (Adaptation, Revis ion and Repeal) Act, 1954 (XV of 1955), vide 
Notification No. 825-Leg., published in the Punjab Gazette (Extraordinary), dated January 21, 1955, pp. 87 -108, s. 3 read with 
Second Schedule.  
3Substituted for the words “by Government” by the Government of In dia (Adaptation of Indian Laws) Order, 1937, published in 
the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 3 read with Schedule VI. 
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, or any person interested 
therein and the amount to be paid to each. 
15. Temporary entry upon land for repairing or preventing accident .– (1) Subject to 
the rules made under this Act a promoter or his duly authorized servant or agent may at any 
time for the purpose of examining, repairing, or altering an ae rial ropeway, or of preventing 
any accident, enter upon any immovable property adjoining such aerial ropeway, and may 
do all such works as may be necessary for such purposes. 
(2) In the exercise of the powers conferred by sub-section (1) the promoter or his 
duly authorized servant or agent, as the case may be, shall cause as little damage as 
possible, and compensation shall be paid by him for any damage so caused; and in the case 
of any dispute as to the amount of such compensation, the matter shall be refe rred to the 
decision of the Collector. 
16. Removal of obstructions .– (1) Where any tree standing or lying near an aerial 
ropeway, or where any structure or other object which has been placed or has fallen near an 
aerial ropeway subsequent to the issue of a n order under section 7 in regard to such aerial 
ropeway, interrupts or interferes with, or is likely to interrupt or interfere with the construction, 
maintenance, alteration, or use of the aerial 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. For the purpose of this sub -section the expression “tree” shall be deemed to 
include any shrub, hedge, jungle growth or other plant. 
(2) When disposing of an a pplication under sub -section (1) the Collector shall 
award to the person interested such compensation as the Collector deems reasonable, and 
the Collector may recover such amount from the promoter as if it were an arrear of land 
revenue. 
17. Orders of Coll ector subject to revision by 
1
[Provincial Government ].– No suit 
shall lie, in respect of any matter referred to in the proviso to sub -section (1) of section 14 in 
sub-section (2) of section 14, section 15, or in sub -section (1) of section 16, but every ord er 
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 
2
[Provincial Government] except 
in the case of an award of compensation made by the Collector on accoun t of action taken 
under clause (c) of sub-section (1) of section 14, which award shall be subject to revision by 
the District Judge. 
 
3
[Provided that no order in revision under this section shall be passed unless the 
person to be affected thereby is afforded an opportunity of being heard.] 
Working of Aerial Ropeways 
18. Promoter may fix rates.– The promoter shall, for the purposes of working an aerial 
ropeway, and subject to such maximum and minimum rates as may be prescribed or 
ordered, have power from time to time to fix the rates for the carriage of passengers, animals 
or goods on the aerial ropeway. 
                                                           
1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian  Laws) Order, 1937, published 
in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. 
2Ibid.  
3Added by the Punjab Aerial Ropeways (Amendment) Ordinance, 1985 (XI of 1985), published in  the Gazette of Punjab 
(Extraordinary), dated February 23, 1985, s. 2. 
19. Duty of promoter to work aerial ropeway without partiality .– No promoter shall 
make or give any undue or unreasonable preference or advantage to or in fa vour 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. 
20. Reporting of accidents.– When any of the following accidents occur in the course of 
working an aerial ropeway, namely,– 
(a) any accident attended with loss of human life or serious physical injury to any 
human being, or with serious injury to property; 
(b) any accident of a description usually attended with loss of human life or with 
serious physical injury as aforesaid, or with serious injury to property; 
(c) any accident of any other description which the 
1
[Provincial Government] may 
specify in this beh alf by notifi cation in the official Gazette; the promoter shall, 
without unnecessary delay, send notice of the accident to the 
2
[Provincial 
Government] and to the Inspector ; 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 Magis trate 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 
3
[Provincial Government] may appoint in this behalf,  and 
shall also, if the accident is attended with loss of human life or serious physical 
injury to any human being, send information to the nearest dispensary. 
21. Power to close and re -open aerial ropeways .– (1) If after inspecting any aerial 
ropeway opened to public traffic, an Inspector is of opinion that the aerial 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 
4
[Provincial Government]; and the 
5
[Provincial Government], after 
such further enquiry, if any, as it may think fit , may thereupon order that, for reasons to be 
set forth in the order, the aerial ropeway, or t he 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 aerial ropeway or any part thereof which he considers 
necessary, pending the orders of the 
6
[Provincial Government]. 
(2) When under sub -section (1) an aerial ropeway or any part thereof has been 
closed to any traffic, it shall not be re -opened to such traffic until it has been inspected, and 
its reopening sanctioned, in the prescribed manner. 
Discontinuance of Aerial Ropeways 
                                                           
1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published 
in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations.  
2Ibid.  
3Ibid.  
4Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published 
in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations.  
5Ibid.  
6Ibid.  
22. Cessation of powers of promoter on discontinuance of aerial ropeway .– If, at 
any time after the opening of an aerial ropeway, it is proved to the satisfaction of the 
1
[Provincial Government] that the promoter has discontinued the working of the aerial 
ropeway or of any part thereof, without a reason sufficient, in the opinion of the 
2
[Provincial 
Government], to warrant such discontinuance, the 
3
[Provincial Government] may, if it thinks 
fit, declare by notification in the official Gazette, that the powers of the promoter in respect of 
such aerial ropeway or part thereof shall, from such date as it may determine, be at an end; 
and thereupon the said powers shall cease and determine. 
Explanation.– The working of an aerial ropeway shall be deemed to have been 
discontinued if it has ceased for the period determined in the order published under section 
7, or, if the period has not been so determined, for a period of three months. 
23. Powers of 
4
[Provincial Government] to remove aerial ropeway on cessation of 
promoter’s powers .– (1) When a declaration has been made by the 
5
[Provincial 
Government] under section 22 in respect of any aerial ropeway or of any part thereof, an 
officer appointed in tha t behalf by the 
6
[Provincial 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 month 
after the delivery to him of the certificate or of a copy thereof, such officer may, eit her by 
public auction or private sale, and 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 to himself the amount of costs certified as 
aforesaid and the costs of the sale, and shall pay over the residue (if any) of such proceeds 
to the promoter. 
Purchase of Aerial Ropeways 
24. Power of 
7
[Provincial Government] and local authorities to purchase aerial 
ropeways.– (1) Where the promoter is the 
8
[Provincial Government], the 
9
[Provincial 
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, 
(b) to any other person under such terms and conditions as may be mutually 
agreed upon between the 
10
[Provincial Government] and the transferee. 
(2)  Where the promoter is not the 
1
[Provincial Government], the 
2
[Provincial 
Government] may– 
                                                           
1Ibid.  
2Ibid.  
3Ibid.  
4Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published 
in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. 
5Ibid. 
6Ibid. 
7Ibid. 
8Ibid. 
9Ibid. 
10Ibid. 
(a) within such limits of time and upon such terms and conditions as may be 
specified in this behalf in the order, or, 
(b) if a time was not specified in the order, then within six months after the expiration 
of a period of twenty-one years from the date of the order, 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 22, or 
within six months after the publication of a notification under section 26, by notice 
in writing require the promoter to sell to the 
3
[Provincial Government] or to a local 
authority the aerial ropeway or a part thereo f; and thereupon the promoter shall 
sell the same upon the terms specified in the order, or if the terms were not 
specified in the order, then upon the terms of receiving the then value of the 
aerial ropeway or of the part thereof. The then value of the ae rial ropeway shall 
be deemed to be twenty -five times the amount of the average yearly net 
earnings derived by the promoter from the aerial ropeway or part thereof, during 
the three years immediately preceding the date of sale: 
Provided that if the terms were not specified in the order published under section 7 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 aerial 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 prom oter in respect of the undertaking or part thereof sold, or, where a 
notification has been published under section 22 or section 26, 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 aerial ropeway had been constructed by it under an order 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 ef fected under sub -section (1) or sub -section 
(5)– 
(a) the undertaking shall vest in the purchasers free from any debts, 
mortgages or similar obligations of the promoter or attaching to the 
undertaking: 
Provided that any such debts, mortgages or similar obli gations shall attach to the purchase -
money in substitution for the undertaking; and 
(b) save as aforesaid, the order published under section 7 shall remain in full 
force, and the purchaser shall be deemed to be the promoter: 
                                                                                                                                                                                     
1Ibid. 
2Ibid. 
3Substituted for the words “Local Government” by the Government of India (Adaptation o f Indian Laws) Order, 1937, published 
in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations.  
Provided that where the 
1
[Provincial Government] elects to purchase, the order under 
section 7 shall, after purchase, in so far as the 
2
[Provincial Government] is concerned, 
cease to have any further operation. 
(7) Not less than two years’ notice in writing of any election to purchase u nder 
clause (a) or clause (b) of sub -section (2) of this section shall be served upon the promoter 
by the 
3
[Provincial Government] or the local authority, as the case may be. 
(8) Notwithstanding anything hereinbefore contained, a local authority may, with 
the previous sanction of the 
4
[Provincial 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. 
25. Power of promoter to sell when option to purchase not exercised and order 
revoked by consent.– Where, on the expiration of any of the periods refer red to in section 
24, neither the 
5
[Provincial 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 di sposing of all lands, buildings, works, 
materials, plants and apparatus belonging to the undertaking in such manner as he may 
think fit. 
Inability or Insolvency of Promoter 
26. Proceedings in case of inability or insolvency of promoter .– (1) If, at any tim e 
after the opening of an aerial ropeway, it appears to the  6
[Provincial Government] that the 
promoter is insolvent or is unable to maintain the aerial ropeway or to work the same with 
advantage to the public, or at all, the 
7
[Provincial Government] may, after considering any 
statement which the promoter may desire to make, and after such enquiry as it deems 
necessary, declare by notification in the official Gazette 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 
8
[Provincial Government] in that behalf, may 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. 
Bye-laws 
27. Power of promoter to make bye -laws.– (1) A promoter shall, subject to the 
provisions of sub-section (3) make bye-laws consistent with this Act– 
(a) for regulating the speed at which carriers are to be moved or propelled; 
                                                           
1Substituted for the words “Local Government” by the Government of India (Adaptation of In dian Laws) Order, 1937, published 
in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations.  
2Ibid. 
3Ibid.  
4Ibid.  
5Ibid.  
6Substituted for the words “Local Government” by the Government  of India (Adaptation of Indian Laws) Order, 1937, published 
in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations.  
7Ibid.  
8Ibid.  
(b) for declaring what shall be deemed to be dangerous or offensive goods and 
for regulating the carriage of such goods; 
(c) for regulating the maximum number of passengers and animals and the 
maximum weight of goods to be carried in each carrier; 
(d) for regulating the use of steam powe r or any other mechanical power or 
electrical power on the aerial ropeway; 
(e) for regulating the conduct of the promoter’s servants; 
(f) for regulating the terms and conditions on which the promoter will warehouse 
or retain goods at any station on behalf of the consignee or owner of such 
goods; and 
(g) generally for regulating the travelling upon, and the use, working and 
management of the aerial ropeway. 
(2) Such bye-laws may provide that any person who contravenes the provisions 
of any of them shall be l iable to fine which may extend to any sum not exceeding fifty 
rupees, and that, in the case of a breach of a bye -law made under clause (c) 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 
1
[Provincial 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. 
Supplementary Provisions 
28. Returns.– A promoter shall in respect of the aerial ropeway submit to the 
2
[Provincial 
Government] returns of capital and revenue, expenditure, receipts, and traffic, at such 
intervals and in such form as may be prescribed. 
29. Protection of roads, railways, tramways and waterways .– No promoter shall, in 
the course of the construction, repair, working or management of an aeri al 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. 
30. Acquisition of land on behalf of a promoter.– The 
3
[Provincial Government] may, if 
it thinks fit, subject to the provisions of this Act, on the application of any promoter desirous 
of obtaining any land for the purpose of constructing, extending, working or managing an 
aerial ropeway, acquire on his behalf such land under the provisions of part VII of the Land 
Acquisition Act, 1894
4
, whether the said promoter is or is not a company as defined in the 
Land Acquisition Act. 
31. Notification of claims to refunds of overcharges and to compensation for 
losses.– No person shall be entitled to a refund of an overcharge in respect of animals or 
goods carried by an aerial ropeway 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 
                                                           
1Substituted for the words “Local Government” by th e Government of India (Adaptation of Indian Laws) Order, 1937, published 
in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations.  
2Ibid.  
3Ibid.  
4I of 1894. 
compensation has been preferred in writing by him or on his behalf to the promoter within six 
months from the date of the delivery of the animals or goods for carriage by the aerial 
ropeway. 
Rules by the 
1
[Provincial Government] 
32. Power of 
2
[Provincial Government ] to make rules .– (1) The 
3
[Provincial 
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 pow er, 
such rules may prescribe– 
(a) the powers and duties of an Inspector appointed under section 11; 
(b) the accidents of which notice shall be given to the 
4
[Provincial Government] and 
to the Inspector; 
(c) the duties of the promoter’s servants and of police officers, and magistrates, on 
the occurrence of an accident; 
(d) the maximum and minimum rate for various classes of goods which a promoter 
may fix under section 18; 
(e) the standard dimensions and specifications to which the aerial ropeway is to 
conform; 
(f) the manner of previous publication of bye-laws made under section 27; 
(g) the intervals at which a promoter shall submit returns under section 28 and the 
forms in which such returns shall be submitted; 
(h) the manner in which notices under this Act shall be served; 
(i) the manner in which and the conditions under which the through booking of 
goods may be permitted between an aerial ropeway, and railway, tramway or 
another aerial ropeway; 
(j) the safe and efficient working of aerial ropeways; 
(k) the conditions under which and the manner in which the powers conferred on 
promoters by section 14 and section 15 may be exercised; 
(l) the procedure for the disposal of applications under sub -section (2) of section 
21 to re-open an aerial ropeway or part ther eof and the conditions under which 
such aerial ropeway may be re-opened; 
(m) the preparation, submission and auditing of the accounts of the promoter; 
(n) the method of arbitration for the settlement of disputes; 
(o) the fees to be charged to promoters and  other persons in respect of licenses, 
applications, enquiries, inspections and services rendered under this Act; and  
(p) the procedure for making, hearing, and disposing of applications under this Act. 
(3) All rules made under this section shall be published in the official Gazette. 
                                                           
1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published 
in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations.  
2Ibid.  
3Ibid.  
4Ibid.  
Offences, Penalties and Arrest 
33. Failure of promoter to comply with Act.– If a promoter– 
(a) constructs or maintains an aerial ropeway otherwise than in accordance with 
the terms of an order made under section 7; or 
(b) opens an aerial ropeway or permits it to be opened in contravention of any of 
the provisions of section 10; or 
(c) fails to comply with the provisions of section 13; or 
(d) fails to pay within a reasonable time any compensation awarded by a Collector 
under sections 14, 15, 16 or by the 
1
[Provincial Government] or district judge 
under section 17; or 
(e) contravenes any of the provisions of section 19; or 
(f) fails to send notice of an accident as required by section 20; or 
(g) fails to close an aerial ropeway in  accordance with an order passed under sub -
section (1) of section 21 or re -opens any aerial ropeway in contravention of 
sub-section (2) of that section; or 
(h) continues to exercise the powers of a promoter in respect of any aerial ropeway 
in contravention of the provisions of section 22 or section 26; or 
(i) fails to comply with the provisions of section 27 or section 28; or 
(j) contravenes any of the provisions of section 29; or 
(k) contravenes the provisions of any rule made under section 32; 
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 punished with fine 
which may extend to two hundred rupees, and, in the case of a continuing offence, t o a 
further fine which may extend to fifty rupees , for every day after the date of the first 
conviction during which the offender is proved to have persisted in the offence. 
34. Unlawfully obstructing promoter’s servant in discharge of his duty.– If a person 
without lawful excuse, the burden of proving which shall lie upon him, willfully obstructs or 
impedes any servant of a promoter in the discharge of his duty, he shall be punishable with 
fine which may extend to one hundred rupees. 
35. Unlawfully interfering with aerial ropeway .– If any person without lawful excuse, 
the burden of proving which shall lie upon him, willfully does any of the following things, 
namely:– 
(a) interferes with, removes or alters any part of an aerial ropeway or of the works 
connected therewith; 
(b) does anything in such a manner as to obstruct any carrier travelling on an aerial 
ropeway; 
(c) attempts to do or abets, within the meaning of the 
2
[Pakistan] Penal Code, the 
doing of anything mentioned in clause (a) or clause (b); 
                                                           
1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published 
in the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations.  
2Substituted for the word “Indian” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), vide 
Notification No. 825-Leg., published in the Punjab Gazette (Extraordinary), dated January 21, 1955, pp. 87 -108, s. 3 read with 
Second Schedule. 
he shall without prejudice to any other remedy which may be obtained against him in a Civil 
Court be punishable with fine which may extend to two hundred rupees. 
36. Punishments for acts or attempts tending to endanger safety of persons 
travelling or being upon aerial ropeways .– If any person does anything mentioned in 
clause (a), clause (b) or clause (c) of section 35 or does, attempts to do, or abets, within the 
meaning of the  
1
[Pakistan] 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 punishable with imprisonment 
for a term which may extend to fourteen years. 
37. Arrest for offences again st certain sections and procedure thereupon .– (1) If 
any person commits any offence under section 34 or section 35 which obstructs the working 
of an aerial ropeway, or commits any offence punishable with imprisonment under section 
36, he may be arrested wi thout 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. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                           
1Ibid.