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  "title": "PUNJAB AERIAL ROPEWAYS ACT, 1926",
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  "source_snapshot": "2026-08-06T16:49:57Z",
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  "text": "CONTENTS \r\n1. Short title and extent. \r\n2. Definitions. \r\nProcedure and Preliminary Investigations \r\n3. Application for concession. \r\n4. Contents of application. \r\n5. Preliminary investigations. \r\nOrders Authorizing the Construction \r\nof Aerial Ropeways \r\n6. Publication of proposed order authorizing construction and contents of \r\nsuch orders. \r\n7. Final order. \r\n8. Cessation of powers given by an order. \r\n9. Further order. \r\nInspection of Aerial Ropeways \r\n10. Inspection of aerial ropeways before opening. \r\n11. Appointment of Inspector. \r\n12. Powers of Inspector. \r\n13. Facilities to be afforded to Inspector. \r\nConstruction and Maintenance \r\nof Aerial Ropeways \r\n14. Authority of promoter to execute all necessary works. \r\n15. Temporary entry upon land for repairing or preventing accident. \r\n16. Removal of obstructions. \r\n17. Orders of Collector subject to revision by Provincial Government. \r\nTHE PUNJAB AERIAL ROPEWAYS ACT, 1926 \r\n(V of 1926) \r\nWorking of Aerial Ropeways \r\n18. Promoter may fix rates. \r\n19. Duty of promoter to work aerial ropeway without partiality. \r\n20. Reporting of accidents. \r\n21. Power to close and re-open aerial ropeways. \r\nDiscontinuance of Aerial Ropeways \r\n22. Cessation of powers of promoter on discontinuance of aerial ropeway. \r\n23. Powers of Provincial Government to remove aerial ropeway on \r\ncessation of promoter’s powers. \r\nPurchase of Aerial Ropeways \r\n24. Power of Provincial Government and local authorities to purchase aerial \r\nropeways. \r\n25. Power of promoter to sell when option to purchase not exercised and \r\norder revoked by consent. \r\nInability or Insolvency of Promoter \r\n26. Proceedings in case of inability or insolvency of promoter. \r\nBye-laws \r\n27. Power of promoter to make bye-laws. \r\nSupplementary Provisions \r\n28. Returns.  \r\n29. Protection of roads, railways, tramways and waterways.  \r\n30. Acquisition of land on behalf of a promoter.  \r\n31. Notification of claims to refunds of overcharges and to co mpensation \r\nfor losses.  \r\nRules by the Provincial Government \r\n32. Power of Provincial Government to make rules.  \r\nOffences, Penalties and Arrest \r\n33. Failure of promoter to comply with Act.  \r\n34. Unlawfully obstructing promoter’s servant in discharge of his duty.  \r\n35. Unlawfully interfering with aerial ropeway.  \r\n36. Punishments for acts or attempts ten ding to endanger safety of persons \r\ntravelling or being upon aerial ropeways.  \r\n37. Arrest for offences against certain sections and procedure thereupon.  \r\nTEXT \r\n12\r\nTHE PUNJAB AERIAL ROPEWAYS ACT, 1926 \r\n(V of 1926) \r\n[18 May 1926] \r\nAn \r\nAct \r\nto authorize, facilitate, and regulate the construction and working of aerial ropeways in the \r\nPunjab. \r\nPreamble.– WHEREAS it is expedient to authorize, facilitate, and regulate the construction \r\nand working of aerial ropeways in the Punjab and whereas the previous sanction of the \r\nGovernor-General to the passing of this Act has been obtained , i t is hereby enacted as \r\nfollows:– \r\n1. Short title and extent.– (1) This Act may be called the Punjab Aerial Ropeways Act, \r\n1926. \r\n(2) It extends to the Punjab. \r\n2. Definitions.– In this Act unless there is anything repugnant in the subject or \r\ncontext:–  \r\n(1) “Aerial Ropeway” means an aerial ropeway (or any portion thereof) for the \r\npublic carriage of passengers, animals or goods, and includes all ropes, posts, ca rriers, \r\nstations, offices, warehouses, workshops, machinery and other works used for the purposes \r\nof, or in connection with, and all land appurtenant to, such aerial ropeway; \r\n(2) “Carrier” means any vehicle or receptacle hung or suspended from, or hauled \r\nby, a rope and used for the carriage of passengers, animals, or goods or for any other \r\npurpose in connection with the working of an aerial ropeway; \r\n(3) “Circle” in relation to a local authority means the area within the control of that \r\nauthority; \r\n(4) “Inspector” means an Inspector of aerial ropeways appointed under this Act; \r\n(5) “Order” means an order authorizing the construction of an aerial ropeway \r\nunder this Act, and includes a further order substituted for, or amending, extending or \r\nrevoking that order; \r\n(6) “Post” means a post, trestle, standard, strut, stay, or other contrivance or part \r\nof a contrivance for carrying, suspending or supporting a rope; \r\n(7) “Prescribed” means prescribed by rules made by the \r\n3\r\n[Provincial Government] \r\nunder section 32; \r\n(8) “Promoter” means– \r\n                                                           \r\n1For Statement of Objects and Reasons, see Gazette of India, 1924, Part. V, at p. 115; and for report of Select Committee, see \r\nibid., 1925, Part V, at p . 59. This Act has  been extended to the Leased Areas of Baluchistan, see the Leased Areas (Laws) \r\nOrder, 1950 (G.G.O. III of 1950); and applied in the Federated Areas of Baluchistan, see Gazette of India, 1937, Part I, at p . \r\n1499. This Act was published in the Gazette of India, Part IV, dated 21.3.1925, at pp. 19-21. \r\n2For Statement of Objects and Reasons, see Punjab Gazette, December 18, 1925, Pt. V, pp. 358-360; for Select Committee’s \r\nReport, see ibid., 1926, Pt. V, pp. 62 -79; and for Proceedings in Council, see Punjab Legislative Council, Debates, Vol. VIII-B, \r\np. 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 \r\nthe Governor-General on May 2, 1926; and, published in the Punjab Gazette (Extraordinary), dated May 21, 1926, pp. 450-458. \r\n3Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n(i) the \r\n1\r\n[Provincial Government], \r\n(ii) a local authority, \r\n(iii) any person, \r\n(iv) any company incorporated under the \r\n2\r\n[*] Companies Act, 1913\r\n3\r\n, or \r\n(v) any railway company as defined in the \r\n4\r\n[*] Railway Act, 1890\r\n5\r\n, in whose favour \r\nan order ha s been made under section 7, or on whom the rights and liabilities \r\nconferred and imposed on the promoter by this Act, and by rules and orders \r\nmade under this Act, as to the construction, maintenance and use of an aerial \r\nropeway, have devolved; \r\n(9) “Rate” includes any fare, charge or other payment for the carriage of \r\npassengers, animals or goods; \r\n(10) “Rope” includes any cable, wire, rail, or way, whether flexible or rigid , for \r\nsuspending, carrying or hauling a carrier, if any part of such cable, wire, rail, or \r\nway, is carried overhead and is suspended from or supported on posts. \r\nProcedure and Preliminary Investigations \r\n3. Application for concession.– Every application by an intending promoter other than \r\nthe \r\n6\r\n[Provincial Government] in regard to a proposed aerial ropeway  for permission to \r\nundertake the necessary preliminary investigations shall be submitted to the \r\n7\r\n[Provincial \r\nGovernment]. \r\n4. Contents of application.– Every such application shall include– \r\n(a) a description of the undertaking and of the route to be followed by the proposed \r\naerial ropeway; \r\n(b) a description of the system of construction and management and the \r\nadvantages to the community to be expected from the aerial ropeway; \r\n(c) an approximate estimate of the cost of construction thereof; \r\n(d) a statement of the estimated working expenses and profits expected; \r\n(e) a statement of the maximum and minimum rates proposed to be charged; \r\n(f) such maps, plans, sections, diagrams and other information as the \r\n8\r\n[Provincial \r\nGovernment] may require in order to form an idea of the proposal. \r\n5. Preliminary investigations.– Subject to the provisions of this Act and of section 4 of \r\nthe Land Acquisition Act, 1894\r\n9\r\n, the \r\n1\r\n[Provincial Government] may, \r\n2\r\n[***], accord sanction to \r\n                                                           \r\n1Ibid. \r\n2Omitted the word “Indian” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), vide Notification No. \r\n825-Leg., published in the  Punjab Gazette (Extraordinary), dated January 21, 19 55, pp. 87-108, s. 3 read with  Second \r\nSchedule.  \r\n3VII of 1913. \r\n4Omitted the word “Indian” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), vide Notification No.  \r\n825-Leg., published in the Punjab Gazette (Extraordinary), dated January 21, 1955, p p. 87 -108, s. 3 read with  Second \r\nSchedule. \r\n5IX of 1890. \r\n6Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n7Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n8Ibid. \r\n9I of 1894. \r\nthe promoter to make such surveys, as may be necessa ry, and require him to submit such \r\ndetailed estimates, plans, sections, specifications, and such further information as it may \r\ndeem necessary for the full consideration of the proposal.  The promoter shall not in any \r\nevent be entitled to claim any compensat ion \r\n3\r\n[from the \r\n4\r\n[Government]] for any expense \r\nincurred under this section. \r\nOrders Authorizing the Construction of Aerial Ropeways \r\n6. Publication of proposed order authorizing construction and contents of such \r\norders.– (1) The \r\n5\r\n[Provincial Government] may, on application made by any promoter and \r\nafter due consideration of the details supplied in accordance with section 5, publish in the \r\nofficial Gazette a draft of the proposed order authorizing the construction of an aerial \r\nropeway within any specified area or along any specified route by or on behalf of such \r\npromoter, subject to such restrictions and conditions as the \r\n6\r\n[Provincial Government] may \r\ndeem proper. \r\n(2) A notice shall be published with the draft stating that any objection or \r\nsuggestion which any pe rson may desire to make with respect to the proposed order will, if \r\nsubmitted to the \r\n7\r\n[Provincial Government] on or before a date to be specified in the notice, \r\nbe received and considered. \r\n(3) The \r\n8\r\n[Provincial Government] shall cause public notice of the i ntention to \r\nmake the order to be given at convenient places within the said area, or along the said route \r\nand shall, so far as may be conveniently possible, cause a like notice to be served on every \r\nowner or occupier of land over which such route lies, and  shall consider any objection or \r\nsuggestion with respect to the proposed order which may be received from any person \r\nwithin a date to be specified in such notice. \r\n(4) The draft of the proposed order may specify– \r\n(i) a time within which the capital required  for the construction of the aerial \r\nropeway shall be raised; \r\n(ii) a time within which the construction shall be commenced; \r\n(iii) a time within which the construction shall be completed; \r\n(iv) the condition under wh ich a concession, guarantee, or  financial \r\nassistance may be given by the \r\n9\r\n[Provincial Government] or a local \r\nauthority to the promoter; \r\n(v) the rights of purchase by the \r\n10\r\n[Provincial Government] or a local \r\nauthority; \r\n(vi) the rules regarding audit and accounts; \r\n                                                                                                                                                                                     \r\n1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n2Omitted the words “in its discretion” by the Order ibid., Article 3 read with Schedule VI. \r\n3Substituted for the words “from the Government” by the Order ibid. \r\n4Substituted for the word “Government” by the West Pakistan Laws (Adaptation) Order, 1964, published in the Gazette of West \r\nPakistan (Extraordinary), dated June 3, 1964, pp. 1805-1849, s. 2(1). \r\n5Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Law s) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n6Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Or der, 1937, published \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n7Ibid. \r\n8Ibid. \r\n9Ibid. \r\n10Ibid. \r\n (vii) the rules regarding arbitration for the settlement of disputes; \r\n(viii) the specifications relating to the structur al designs, quality of material , \r\nfactors of safety, method of computing stresses and other such \r\ntechnical details as may be considered necessary; \r\n1\r\n[(ix) the rules relating to the construction of the aerial ropeway over roads \r\nand other public ways of communication, \r\n2\r\n[* * *]]; \r\n(x) the conditions under which the promoter may sell or transfer his rights to \r\nthe \r\n3\r\n[Provincial Government], or to a local authority, or person; \r\n(xi) the conditions under which the aerial ropeway may be taken over by the \r\n4\r\n[Provincial Government] to be worked by itself or by a local authority or \r\nby a person other than the promoter; \r\n (xii) the motive power to be used on the aerial ropeway and the conditions, if \r\nany, on which such power may be used; \r\n(xiii) the minimum headway to be maintained under different parts of the \r\nrope; \r\n(xiv) the points under the aerial ropeway at which bridges or guards shall be \r\nconstructed and maintained; \r\n (xv) the traffic which  may be carried on the ropeway, the traffic which the \r\npromoter shall be bound to carry, and the traffic which he may refuse to \r\ncarry; \r\n(xvi) the maximum and minimum rates that may be charged by the promoter, \r\nand the circumstances in which and the manner in whic h these rates \r\nmay be revised by the \r\n5\r\n[Provincial Government]; \r\n (xvii) the amount of security, if any, to be deposited by the promoter in the \r\nevent of his application being granted; and \r\n(xviii) such other matters as the \r\n6\r\n[Provincial Government] may deem \r\nnecessary. \r\n7. Final order.– (1) If, after considering any objections or suggestions which may have \r\nbeen made in respect to the draft on or before the specified date, the \r\n7\r\n[Provincial \r\nGovernment] is of opinion that the application should be granted, with or wi thout \r\nmodification, or subject or not to any restriction or condition, it may make an order \r\naccordingly. \r\n(2) Every order authorising the construction of an aerial ropeway shall be \r\npublished in the official Gazette, and such publication shall be conclusive proof that the order \r\nhas been made as required by this section. \r\n                                                           \r\n1Inserted by the Government of India (Adaptation of Indian Laws) Order, 1937, pu blished in the Gazette of India \r\n(Extraordinary), dated April 1, 1937, pp. 75-344, Article 3 read with Schedule VI. \r\n2Omitted the words “except railways as defined by the Government of India Act, 1935, and with previous sanction of the Central \r\nGovernment, ov er such railways” by the West Pakistan Laws (Adaptation) Order, 1964, published in the Gazette of West \r\nPakistan (Extraordinary), dated June 3, 1964, pp. 1805-1849, s. 2(1). \r\n3Substituted for the words “Local Government” by the Government of India (Adaptatio n of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n4Ibid. \r\n5Ibid. \r\n6Ibid. \r\n7Ibid. \r\n8. Cessation of powers given by an order .– If a promoter authorized by an order to \r\nconstruct an aerial ropeway does not, within the time specified in the order, \r\n(a) succeed in raising the full  amount of capital required for the completion of the \r\naerial ropeway; or \r\n(b) make, in the opinion of the \r\n1\r\n[Provincial Government], substantial progress with \r\nthe construction of the aerial ropeway; or \r\n(c) complete the construction thereof;  the powers given to the promoter by such \r\norder shall, unless the \r\n2\r\n[Provincial Government] prolongs the time so specified, \r\ncease to be exercised. \r\n9. Further order.– (1) The  \r\n3\r\n[Provincial Government] \r\n4\r\n[* * *]  may, on the application of \r\nthe promoter, revoke, amend, or extend the order by a further order. \r\n(2) An application for a further order shall be made in the same manner, and \r\nsubject to the same conditions, as an application for an order. \r\n(3) If the \r\n5\r\n[Provincial Government] grants the application it shall make the further \r\norder in the same manner as an order, except that the rights, powers and authorities asked \r\nfor in the said application shall not be increased, modified or restricted by the further order \r\nwithout the consent in writing of the promoter. \r\nInspection of Aerial Ropeways \r\n10. Inspection of aerial ropeways before opening .– (1) No aerial ropeway shall be \r\nopened for any kind of traffic until the \r\n6\r\n[Provincial Government] has by order sanctioned the \r\nopening thereof for that purpose. The sanction of the \r\n7\r\n[Provincial Government] under this \r\nsection shall not be given until an Inspector has reported in writing to the \r\n8\r\n[Provincial \r\nGovernment]– \r\n(a) that he has made a careful inspection of the aerial ropeway and \r\nappurtenances; \r\n(b) that the moving and fixed dimensions and other conditions prescribed under \r\nthe order have been complied with; \r\n(c) that the aerial ropeway is sufficiently equipped for the traffic for which it is \r\nintended; \r\n(d) that the bye -laws and working rules prescribed by section 27 and 32 have \r\nbeen duly made, appro ved, and promulgated in the manner prescribed in \r\nthose sections; and  \r\n(e) that in his opinion the aerial ropeway is fit for public traffic and can be used \r\nwithout danger to the public using it, or to the person employed thereon, or to \r\nthe general public. \r\n                                                           \r\n1Substituted for the words “Local Government” by the Governm ent of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations.  \r\n2Ibid.  \r\n3Ibid.  \r\n4Omitted the words “in its discretion” by the Order ibid., Article 3 read with Schedule VI. \r\n5Substituted for the words “Local Government” by the Order ibid., Article 4(1) read with Table of General Adaptations.  \r\n6Ibid.  \r\n7Substituted for the words “Local Government” by the Government of India (Adaptation  of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations.  \r\n8Ibid.  \r\n(2) The provisions of sub -section (1) shall extend to the opening of additional \r\nsections of the aerial ropeway, to deviation lines, and to any alteration or reconstruction \r\nmaterially affecting the structural character of any work to which the provisions of sub-\r\nsection (1) apply or are extended by this sub-section. \r\n11. Appointment of Inspector .– (1) The \r\n1\r\n[Provincial Government] may appoint \r\nInspectors of aerial ropeways and may fix the fees to be charged to promoters for the \r\nperformance by Inspectors of their duties under this Act. \r\n(2) It shall be the duty of such Inspectors from time to time to inspect aerial \r\nropeways and to determine whether they are maintained in a fit condition and worked with \r\ndue regard to the convenience and safety of the public, and cons istently with the provisions \r\nof this Act. \r\n12. Powers of Inspector.– An Inspector shall, for the purpose of any of the duties which \r\nhe is authorized or required to perform under this Act, be deemed to be a public servant, as \r\ndefined in the \r\n2\r\n[Pakistan] Penal Code, and shall for that purpose have such powers as may \r\nbe prescribed \r\n3\r\n[by the Provincial Government] under clause (a) of sub -section (2) of section \r\n32. \r\n13. Facilities to be afforded to Inspector .– The promoter and his  servants and agents \r\nshall afford to the Inspector all reasonable facilities for performing the duties and exercising \r\nthe powers imposed and conferred upon him by this Act or by rules made thereunder. \r\nConstruction and Maintenance of Aerial Ropeways \r\n14. Authority of promoter to execute all necessary works.– (1) Subject to the \r\nprovisions of, and to the rules made under  this Act, and, in the case of immovable property \r\nnot belonging to the promoter, to the provisions of any enactment for the time being in force \r\nfor the acquisition of land for public purposes and for companies, a promoter may– \r\n(a) make such survey as he thinks necessary; \r\n(b) place and maintain posts in or upon any immovable property; \r\n(c) suspend and maintain a rope over, along or across any immovable property; \r\n(d) make such bridges , culverts, drains, embankments and roads as may be \r\nnecessary; \r\n(e) erect and construct such machinery, offices, stations, warehouses and other \r\nbuildings, works, and conveniences as may be necessary; and \r\n(f) do all other acts necessary for constructing, mai ntaining, altering, repairing and \r\nusing the aerial ropeway: \r\nProvided that a promoter may take any action under clause (b) or clause (c) of this \r\nsub-section, notwithstanding the objection of the owner or occupier of the property affected \r\nthereby, if the Col lector, after giving such owner and occupier by notice in writing an \r\nopportunity of being heard, by an order in writing permits such action. \r\n(2) When making an order under the proviso to sub -section (1), the Collector \r\nshall fix the amount of compensation, or of annual rent, or of both, which should, in his \r\n                                                           \r\n1Ibid.  \r\n2Substituted for the word “Indian” by the Punjab Laws (Adaptation, Revis ion and Repeal) Act, 1954 (XV of 1955), vide \r\nNotification No. 825-Leg., published in the Punjab Gazette (Extraordinary), dated January 21, 1955, pp. 87 -108, s. 3 read with \r\nSecond Schedule.  \r\n3Substituted for the words “by Government” by the Government of In dia (Adaptation of Indian Laws) Order, 1937, published in \r\nthe Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 3 read with Schedule VI. \r\nopinion, be paid by the promoter to the owner of the property affected thereby, or, in the \r\ncase of immovable property, to the owner or occupier thereof, or any person interested \r\ntherein and the amount to be paid to each. \r\n15. Temporary entry upon land for repairing or preventing accident .– (1) Subject to \r\nthe rules made under this Act a promoter or his duly authorized servant or agent may at any \r\ntime for the purpose of examining, repairing, or altering an ae rial ropeway, or of preventing \r\nany accident, enter upon any immovable property adjoining such aerial ropeway, and may \r\ndo all such works as may be necessary for such purposes. \r\n(2) In the exercise of the powers conferred by sub-section (1) the promoter or his \r\nduly authorized servant or agent, as the case may be, shall cause as little damage as \r\npossible, and compensation shall be paid by him for any damage so caused; and in the case \r\nof any dispute as to the amount of such compensation, the matter shall be refe rred to the \r\ndecision of the Collector. \r\n16. Removal of obstructions .– (1) Where any tree standing or lying near an aerial \r\nropeway, or where any structure or other object which has been placed or has fallen near an \r\naerial ropeway subsequent to the issue of a n order under section 7 in regard to such aerial \r\nropeway, interrupts or interferes with, or is likely to interrupt or interfere with the construction, \r\nmaintenance, alteration, or use of the aerial ropeway, the Collector may, on the application \r\nof the promoter, cause the tree, structure or object to be removed or otherwise dealt with as \r\nhe thinks fit. For the purpose of this sub -section the expression “tree” shall be deemed to \r\ninclude any shrub, hedge, jungle growth or other plant. \r\n(2) When disposing of an a pplication under sub -section (1) the Collector shall \r\naward to the person interested such compensation as the Collector deems reasonable, and \r\nthe Collector may recover such amount from the promoter as if it were an arrear of land \r\nrevenue. \r\n17. Orders of Coll ector subject to revision by \r\n1\r\n[Provincial Government ].– No suit \r\nshall lie, in respect of any matter referred to in the proviso to sub -section (1) of section 14 in \r\nsub-section (2) of section 14, section 15, or in sub -section (1) of section 16, but every ord er \r\nmade by a Collector under any of those sections, and every award made by him under sub -\r\nsection (2) of section 16, shall be subject to revision by the \r\n2\r\n[Provincial Government] except \r\nin the case of an award of compensation made by the Collector on accoun t of action taken \r\nunder clause (c) of sub-section (1) of section 14, which award shall be subject to revision by \r\nthe District Judge. \r\n \r\n3\r\n[Provided that no order in revision under this section shall be passed unless the \r\nperson to be affected thereby is afforded an opportunity of being heard.] \r\nWorking of Aerial Ropeways \r\n18. Promoter may fix rates.– The promoter shall, for the purposes of working an aerial \r\nropeway, and subject to such maximum and minimum rates as may be prescribed or \r\nordered, have power from time to time to fix the rates for the carriage of passengers, animals \r\nor goods on the aerial ropeway. \r\n                                                           \r\n1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian  Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n2Ibid.  \r\n3Added by the Punjab Aerial Ropeways (Amendment) Ordinance, 1985 (XI of 1985), published in  the Gazette of Punjab \r\n(Extraordinary), dated February 23, 1985, s. 2. \r\n19. Duty of promoter to work aerial ropeway without partiality .– No promoter shall \r\nmake or give any undue or unreasonable preference or advantage to or in fa vour of any \r\nparticular person or any particular description of traffic in any respect whatsoever, or subject \r\nany particular person or any particular description of traffic to any undue or unreasonable \r\nprejudice or disadvantage in any respect whatsoever. \r\n20. Reporting of accidents.– When any of the following accidents occur in the course of \r\nworking an aerial ropeway, namely,– \r\n(a) any accident attended with loss of human life or serious physical injury to any \r\nhuman being, or with serious injury to property; \r\n(b) any accident of a description usually attended with loss of human life or with \r\nserious physical injury as aforesaid, or with serious injury to property; \r\n(c) any accident of any other description which the \r\n1\r\n[Provincial Government] may \r\nspecify in this beh alf by notifi cation in the official Gazette; the promoter shall, \r\nwithout unnecessary delay, send notice of the accident to the \r\n2\r\n[Provincial \r\nGovernment] and to the Inspector ; and the promoter’s servant in charge of the \r\nstation on the aerial ropeway nearest to the place at which the accident \r\noccurred, or, where there is no station, the promoter’s servant in charge of the \r\nsection of the aerial ropeway on which the accident occurred, shall, with the \r\nleast possible delay, give notice of the accident to the Magis trate of the District \r\nin which the accident occurred and to the Officer in charge of the Police Station \r\nwithin the local limits of which it occurred, or to such other Magistrate and \r\nPolice Officer as the \r\n3\r\n[Provincial Government] may appoint in this behalf,  and \r\nshall also, if the accident is attended with loss of human life or serious physical \r\ninjury to any human being, send information to the nearest dispensary. \r\n21. Power to close and re -open aerial ropeways .– (1) If after inspecting any aerial \r\nropeway opened to public traffic, an Inspector is of opinion that the aerial ropeway or any \r\nspecified part thereof cannot be used without danger to the public, or is no longer in a fit \r\nstate for the carriage of any specified class of traffic, he shall state that opinion, together with \r\nthe grounds therefor, to the \r\n4\r\n[Provincial Government]; and the \r\n5\r\n[Provincial Government], after \r\nsuch further enquiry, if any, as it may think fit , may thereupon order that, for reasons to be \r\nset forth in the order, the aerial ropeway, or t he part thereof so specified, be closed to all \r\ntraffic or to any specified class of traffic: \r\nProvided that, in any case of extreme urgency, the Inspector may order the \r\nsuspension of the working of the aerial ropeway or any part thereof which he considers \r\nnecessary, pending the orders of the \r\n6\r\n[Provincial Government]. \r\n(2) When under sub -section (1) an aerial ropeway or any part thereof has been \r\nclosed to any traffic, it shall not be re -opened to such traffic until it has been inspected, and \r\nits reopening sanctioned, in the prescribed manner. \r\nDiscontinuance of Aerial Ropeways \r\n                                                           \r\n1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations.  \r\n2Ibid.  \r\n3Ibid.  \r\n4Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations.  \r\n5Ibid.  \r\n6Ibid.  \r\n22. Cessation of powers of promoter on discontinuance of aerial ropeway .– If, at \r\nany time after the opening of an aerial ropeway, it is proved to the satisfaction of the \r\n1\r\n[Provincial Government] that the promoter has discontinued the working of the aerial \r\nropeway or of any part thereof, without a reason sufficient, in the opinion of the \r\n2\r\n[Provincial \r\nGovernment], to warrant such discontinuance, the \r\n3\r\n[Provincial Government] may, if it thinks \r\nfit, declare by notification in the official Gazette, that the powers of the promoter in respect of \r\nsuch aerial ropeway or part thereof shall, from such date as it may determine, be at an end; \r\nand thereupon the said powers shall cease and determine. \r\nExplanation.– The working of an aerial ropeway shall be deemed to have been \r\ndiscontinued if it has ceased for the period determined in the order published under section \r\n7, or, if the period has not been so determined, for a period of three months. \r\n23. Powers of \r\n4\r\n[Provincial Government] to remove aerial ropeway on cessation of \r\npromoter’s powers .– (1) When a declaration has been made by the \r\n5\r\n[Provincial \r\nGovernment] under section 22 in respect of any aerial ropeway or of any part thereof, an \r\nofficer appointed in tha t behalf by the \r\n6\r\n[Provincial Government] may, at any time after the \r\nexpiration of two months from the date determined as aforesaid, remove such aerial \r\nropeway or part thereof, as the case may be; and the promoter shall pay to the officer so \r\nappointed such costs of removal as shall be certified by that officer to have been incurred by \r\nhim. \r\n(2) If the promoter fails to pay the amount of costs so certified within one month \r\nafter the delivery to him of the certificate or of a copy thereof, such officer may, eit her by \r\npublic auction or private sale, and without any previous notice to the promoter, and without \r\nprejudice to any other remedy which he may have for the recovery of the said amount, sell \r\nand dispose of the materials of the aerial ropeway or part thereof  so removed; and may, out \r\nof the proceeds of the sale, pay, and reimburse to himself the amount of costs certified as \r\naforesaid and the costs of the sale, and shall pay over the residue (if any) of such proceeds \r\nto the promoter. \r\nPurchase of Aerial Ropeways \r\n24. Power of \r\n7\r\n[Provincial Government] and local authorities to purchase aerial \r\nropeways.– (1) Where the promoter is the \r\n8\r\n[Provincial Government], the \r\n9\r\n[Provincial \r\nGovernment] may at any time transfer the undertaking or any part thereof to– \r\n(a) a local authority or local authorities under terms and conditions approved of by, \r\nand with the consent of, such authority or authorities, \r\n(b) to any other person under such terms and conditions as may be mutually \r\nagreed upon between the \r\n10\r\n[Provincial Government] and the transferee. \r\n(2)  Where the promoter is not the \r\n1\r\n[Provincial Government], the \r\n2\r\n[Provincial \r\nGovernment] may– \r\n                                                           \r\n1Ibid.  \r\n2Ibid.  \r\n3Ibid.  \r\n4Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n5Ibid. \r\n6Ibid. \r\n7Ibid. \r\n8Ibid. \r\n9Ibid. \r\n10Ibid. \r\n(a) within such limits of time and upon such terms and conditions as may be \r\nspecified in this behalf in the order, or, \r\n(b) if a time was not specified in the order, then within six months after the expiration \r\nof a period of twenty-one years from the date of the order, and within six months \r\nafter the expiration of every subsequent period of seven years, or \r\n(c) within two months after the publication of a notification under section 22, or \r\nwithin six months after the publication of a notification under section 26, by notice \r\nin writing require the promoter to sell to the \r\n3\r\n[Provincial Government] or to a local \r\nauthority the aerial ropeway or a part thereo f; and thereupon the promoter shall \r\nsell the same upon the terms specified in the order, or if the terms were not \r\nspecified in the order, then upon the terms of receiving the then value of the \r\naerial ropeway or of the part thereof. The then value of the ae rial ropeway shall \r\nbe deemed to be twenty -five times the amount of the average yearly net \r\nearnings derived by the promoter from the aerial ropeway or part thereof, during \r\nthe three years immediately preceding the date of sale: \r\nProvided that if the terms were not specified in the order published under section 7 the \r\ntotal amount so payable to the promoter shall not exceed by more than twenty percent , the \r\ntotal capital expenditure of the promoter on the aerial ropeway, or part thereof. \r\n(3) A requisition shall not be made under sub -section (2) requiring the promoter \r\nto sell to the local authority unless the making thereof has been approved by the local \r\nauthority. \r\n(4) When a sale has been made under this section, all the rights, powers and \r\nauthorities of the prom oter in respect of the undertaking or part thereof sold, or, where a \r\nnotification has been published under section 22 or section 26, all the rights, powers and \r\nauthorities of the promoter previous to the publication of the notification in respect of the \r\nundertaking or part thereof sold, shall be transferred to the authorities to whom the \r\nundertaking or part has been sold, and shall vest in, and may be exercised by, that authority \r\nin the same manner as if the aerial ropeway had been constructed by it under an order made \r\nunder this Act. \r\n(5) Subject to, and in accordance with, the preceding provisions of this section, \r\ntwo or more local authorities may jointly purchase an undertaking or so much thereof as is \r\nwithin their circles. \r\n(6) Where a purchase has been ef fected under sub -section (1) or sub -section \r\n(5)– \r\n(a) the undertaking shall vest in the purchasers free from any debts, \r\nmortgages or similar obligations of the promoter or attaching to the \r\nundertaking: \r\nProvided that any such debts, mortgages or similar obli gations shall attach to the purchase -\r\nmoney in substitution for the undertaking; and \r\n(b) save as aforesaid, the order published under section 7 shall remain in full \r\nforce, and the purchaser shall be deemed to be the promoter: \r\n                                                                                                                                                                                     \r\n1Ibid. \r\n2Ibid. \r\n3Substituted for the words “Local Government” by the Government of India (Adaptation o f Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations.  \r\nProvided that where the \r\n1\r\n[Provincial Government] elects to purchase, the order under \r\nsection 7 shall, after purchase, in so far as the \r\n2\r\n[Provincial Government] is concerned, \r\ncease to have any further operation. \r\n(7) Not less than two years’ notice in writing of any election to purchase u nder \r\nclause (a) or clause (b) of sub -section (2) of this section shall be served upon the promoter \r\nby the \r\n3\r\n[Provincial Government] or the local authority, as the case may be. \r\n(8) Notwithstanding anything hereinbefore contained, a local authority may, with \r\nthe previous sanction of the \r\n4\r\n[Provincial Government], waive its option to purchase and enter \r\ninto an agreement with the promoter for the working by him of the undertaking until the \r\nexpiration of the next subsequent period mentioned in the order or referred to in clause (b) of \r\nsub-section (2), upon such terms and conditions as may be stated in the agreement. \r\n25. Power of promoter to sell when option to purchase not exercised and order \r\nrevoked by consent.– Where, on the expiration of any of the periods refer red to in section \r\n24, neither the \r\n5\r\n[Provincial Government] nor a local authority purchases the undertaking, and \r\nthe order published under section 7 is, on the application or with the consent of the promoter \r\nrevoked, the promoter shall have the option of di sposing of all lands, buildings, works, \r\nmaterials, plants and apparatus belonging to the undertaking in such manner as he may \r\nthink fit. \r\nInability or Insolvency of Promoter \r\n26. Proceedings in case of inability or insolvency of promoter .– (1) If, at any tim e \r\nafter the opening of an aerial ropeway, it appears to the  6\r\n[Provincial Government] that the \r\npromoter is insolvent or is unable to maintain the aerial ropeway or to work the same with \r\nadvantage to the public, or at all, the \r\n7\r\n[Provincial Government] may, after considering any \r\nstatement which the promoter may desire to make, and after such enquiry as it deems \r\nnecessary, declare by notification in the official Gazette that the powers of the promoter, in \r\nrespect of such aerial ropeway, shall, at the expiration  of six months from the date of such \r\ndeclaration, be at an end; and thereupon the said powers shall, at the expiration of that \r\nperiod, cease and determine. \r\n(2) At any time after the expiration of the said six months an officer appointed by \r\nthe \r\n8\r\n[Provincial Government] in that behalf, may remove the aerial ropeway in the same \r\nmanner and subject to the same provisions as to the payment of costs and to the same \r\nremedy for the recovery thereof in every respect as in cases of removal under section 23. \r\nBye-laws \r\n27. Power of promoter to make bye -laws.– (1) A promoter shall, subject to the \r\nprovisions of sub-section (3) make bye-laws consistent with this Act– \r\n(a) for regulating the speed at which carriers are to be moved or propelled; \r\n                                                           \r\n1Substituted for the words “Local Government” by the Government of India (Adaptation of In dian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations.  \r\n2Ibid. \r\n3Ibid.  \r\n4Ibid.  \r\n5Ibid.  \r\n6Substituted for the words “Local Government” by the Government  of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations.  \r\n7Ibid.  \r\n8Ibid.  \r\n(b) for declaring what shall be deemed to be dangerous or offensive goods and \r\nfor regulating the carriage of such goods; \r\n(c) for regulating the maximum number of passengers and animals and the \r\nmaximum weight of goods to be carried in each carrier; \r\n(d) for regulating the use of steam powe r or any other mechanical power or \r\nelectrical power on the aerial ropeway; \r\n(e) for regulating the conduct of the promoter’s servants; \r\n(f) for regulating the terms and conditions on which the promoter will warehouse \r\nor retain goods at any station on behalf of the consignee or owner of such \r\ngoods; and \r\n(g) generally for regulating the travelling upon, and the use, working and \r\nmanagement of the aerial ropeway. \r\n(2) Such bye-laws may provide that any person who contravenes the provisions \r\nof any of them shall be l iable to fine which may extend to any sum not exceeding fifty \r\nrupees, and that, in the case of a breach of a bye -law made under clause (c) of sub -section \r\n(1), the promoter’s servant responsible for the same shall forfeit a sum not exceeding one \r\nmonth’s pay, which sum may be deducted by the promoter from his pay. \r\n(3) A bye -law made under this section shall not take effect until it has been \r\nconfirmed by the \r\n1\r\n[Provincial Government] and published in the official Gazette: \r\nProvided that no such bye -law shall be so confirmed until it has been previously \r\npublished by the promoter in such manner as may be prescribed. \r\nSupplementary Provisions \r\n28. Returns.– A promoter shall in respect of the aerial ropeway submit to the \r\n2\r\n[Provincial \r\nGovernment] returns of capital and revenue, expenditure, receipts, and traffic, at such \r\nintervals and in such form as may be prescribed. \r\n29. Protection of roads, railways, tramways and waterways .– No promoter shall, in \r\nthe course of the construction, repair, working or management of an aeri al ropeway, cause \r\nany permanent injury to any public road, railway, tramway, or waterway, or obstruct or \r\ninterfere with, otherwise than temporarily as may be necessary, the traffic on any public \r\nroad, railway, tramway or waterway. \r\n30. Acquisition of land on behalf of a promoter.– The \r\n3\r\n[Provincial Government] may, if \r\nit thinks fit, subject to the provisions of this Act, on the application of any promoter desirous \r\nof obtaining any land for the purpose of constructing, extending, working or managing an \r\naerial ropeway, acquire on his behalf such land under the provisions of part VII of the Land \r\nAcquisition Act, 1894\r\n4\r\n, whether the said promoter is or is not a company as defined in the \r\nLand Acquisition Act. \r\n31. Notification of claims to refunds of overcharges and to compensation for \r\nlosses.– No person shall be entitled to a refund of an overcharge in respect of animals or \r\ngoods carried by an aerial ropeway or to compensation for the loss, destruction or \r\ndeterioration of animals or goods delivered to be so carried, unless his claim to the refund or \r\n                                                           \r\n1Substituted for the words “Local Government” by th e Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations.  \r\n2Ibid.  \r\n3Ibid.  \r\n4I of 1894. \r\ncompensation has been preferred in writing by him or on his behalf to the promoter within six \r\nmonths from the date of the delivery of the animals or goods for carriage by the aerial \r\nropeway. \r\nRules by the \r\n1\r\n[Provincial Government] \r\n32. Power of \r\n2\r\n[Provincial Government ] to make rules .– (1) The \r\n3\r\n[Provincial \r\nGovernment] may, after previous publication, make rules to carry out the purposes of this \r\nAct. \r\n(2) In particular, and without prejudice to the generality of the foregoing pow er, \r\nsuch rules may prescribe– \r\n(a) the powers and duties of an Inspector appointed under section 11; \r\n(b) the accidents of which notice shall be given to the \r\n4\r\n[Provincial Government] and \r\nto the Inspector; \r\n(c) the duties of the promoter’s servants and of police officers, and magistrates, on \r\nthe occurrence of an accident; \r\n(d) the maximum and minimum rate for various classes of goods which a promoter \r\nmay fix under section 18; \r\n(e) the standard dimensions and specifications to which the aerial ropeway is to \r\nconform; \r\n(f) the manner of previous publication of bye-laws made under section 27; \r\n(g) the intervals at which a promoter shall submit returns under section 28 and the \r\nforms in which such returns shall be submitted; \r\n(h) the manner in which notices under this Act shall be served; \r\n(i) the manner in which and the conditions under which the through booking of \r\ngoods may be permitted between an aerial ropeway, and railway, tramway or \r\nanother aerial ropeway; \r\n(j) the safe and efficient working of aerial ropeways; \r\n(k) the conditions under which and the manner in which the powers conferred on \r\npromoters by section 14 and section 15 may be exercised; \r\n(l) the procedure for the disposal of applications under sub -section (2) of section \r\n21 to re-open an aerial ropeway or part ther eof and the conditions under which \r\nsuch aerial ropeway may be re-opened; \r\n(m) the preparation, submission and auditing of the accounts of the promoter; \r\n(n) the method of arbitration for the settlement of disputes; \r\n(o) the fees to be charged to promoters and  other persons in respect of licenses, \r\napplications, enquiries, inspections and services rendered under this Act; and  \r\n(p) the procedure for making, hearing, and disposing of applications under this Act. \r\n(3) All rules made under this section shall be published in the official Gazette. \r\n                                                           \r\n1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations.  \r\n2Ibid.  \r\n3Ibid.  \r\n4Ibid.  \r\nOffences, Penalties and Arrest \r\n33. Failure of promoter to comply with Act.– If a promoter– \r\n(a) constructs or maintains an aerial ropeway otherwise than in accordance with \r\nthe terms of an order made under section 7; or \r\n(b) opens an aerial ropeway or permits it to be opened in contravention of any of \r\nthe provisions of section 10; or \r\n(c) fails to comply with the provisions of section 13; or \r\n(d) fails to pay within a reasonable time any compensation awarded by a Collector \r\nunder sections 14, 15, 16 or by the \r\n1\r\n[Provincial Government] or district judge \r\nunder section 17; or \r\n(e) contravenes any of the provisions of section 19; or \r\n(f) fails to send notice of an accident as required by section 20; or \r\n(g) fails to close an aerial ropeway in  accordance with an order passed under sub -\r\nsection (1) of section 21 or re -opens any aerial ropeway in contravention of \r\nsub-section (2) of that section; or \r\n(h) continues to exercise the powers of a promoter in respect of any aerial ropeway \r\nin contravention of the provisions of section 22 or section 26; or \r\n(i) fails to comply with the provisions of section 27 or section 28; or \r\n(j) contravenes any of the provisions of section 29; or \r\n(k) contravenes the provisions of any rule made under section 32; \r\nhe shall (without prejudice to the enforcement of specific performance of the requirements of \r\nthis Act, or of any other remedy which may be obtained against him) be punished with fine \r\nwhich may extend to two hundred rupees, and, in the case of a continuing offence, t o a \r\nfurther fine which may extend to fifty rupees , for every day after the date of the first \r\nconviction during which the offender is proved to have persisted in the offence. \r\n34. Unlawfully obstructing promoter’s servant in discharge of his duty.– If a person \r\nwithout lawful excuse, the burden of proving which shall lie upon him, willfully obstructs or \r\nimpedes any servant of a promoter in the discharge of his duty, he shall be punishable with \r\nfine which may extend to one hundred rupees. \r\n35. Unlawfully interfering with aerial ropeway .– If any person without lawful excuse, \r\nthe burden of proving which shall lie upon him, willfully does any of the following things, \r\nnamely:– \r\n(a) interferes with, removes or alters any part of an aerial ropeway or of the works \r\nconnected therewith; \r\n(b) does anything in such a manner as to obstruct any carrier travelling on an aerial \r\nropeway; \r\n(c) attempts to do or abets, within the meaning of the \r\n2\r\n[Pakistan] Penal Code, the \r\ndoing of anything mentioned in clause (a) or clause (b); \r\n                                                           \r\n1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations.  \r\n2Substituted for the word “Indian” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955), vide \r\nNotification No. 825-Leg., published in the Punjab Gazette (Extraordinary), dated January 21, 1955, pp. 87 -108, s. 3 read with \r\nSecond Schedule. \r\nhe shall without prejudice to any other remedy which may be obtained against him in a Civil \r\nCourt be punishable with fine which may extend to two hundred rupees. \r\n36. Punishments for acts or attempts tending to endanger safety of persons \r\ntravelling or being upon aerial ropeways .– If any person does anything mentioned in \r\nclause (a), clause (b) or clause (c) of section 35 or does, attempts to do, or abets, within the \r\nmeaning of the  \r\n1\r\n[Pakistan] Penal Code, the doing of any other act or thing in relation to an \r\naerial ropeway with intent, or with knowledge that he is likely to endanger the safety of any \r\nperson travelling or being upon the aerial ropeway, he shall be punishable with imprisonment \r\nfor a term which may extend to fourteen years. \r\n37. Arrest for offences again st certain sections and procedure thereupon .– (1) If \r\nany person commits any offence under section 34 or section 35 which obstructs the working \r\nof an aerial ropeway, or commits any offence punishable with imprisonment under section \r\n36, he may be arrested wi thout warrant or other written authority by any servant of the \r\npromoter, or by any Police Officer, or by any other person whom such servant or officer may \r\ncall to his aid. \r\n(2) A person so arrested shall, with the least possible delay, be taken before a \r\nMagistrate having authority to try him or to commit him for trial. \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n                                                           \r\n1Ibid.",
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