Dharamshala Ropeway Limited at Dharamshala, Himachal Pradesh, Bye-laws, 20221
[13th January, 2022]
WHEREAS, M/S Dharamshala Ropeway Ltd., a company incorporated under the provisions of the Companies Act, 2013, having its registered office at Elphinstone Building, 2nd Floor, 10 Veer Nirman Road, Fort, Mumbai-400001, has entered into a Concession Agreement with the Governor of Himachal Pradesh through Commissioner, Department of Tourism & Civil Aviation, Himachal Pradesh for development of Aerial Ropeway between Dharamshala and Mcleodganj on Design, Build, Finance, Operate and Transfer (DBFOT) basis;
AND WHEREAS, M/S Dharamshala Ropeway Ltd. has framed draft Bye-laws under Section 27 of the Himachal Pradesh Aerial Ropeways Act, 1968 and the same were published in two daily news papers namely, the “Amar Ujala” and “Hindustan Times” on 22nd October, 2021, for objections, suggestions/comments, if any of the general public within 20 days from the said date of publication and no objection/suggestion has been received within the above stipulated period;
AND WHEREAS, the Inspector-cum-Executive Engineer of Aerial Ropeways, Dharamshala has scrutinized the above draft Bye-laws as per the requirement of Rule 12 of the Himachal Pradesh Aerial Ropeways Rules, 1972 and forwarded the same to the State Government for the approval and publication in the Official Gazette;
NOW, THEREFORE, in exercise of powers conferred by sub-section (3) of Section 27 of the Act ibid, the Governor, Himachal Pradesh is pleased to confirm the following Bye-laws framed by M/S Dharamshala Ropeway Ltd., namely:—
BYE-LAWS
## Section 1. Short title and commencement.—(1) These Bye-laws shall be called the Dharamshala Ropeway Limited at Dharamshala, Himachal Pradesh, Bye-laws, 2022.
(2) These Bye-laws shall come into force from the date of their publication in the Rajpatra (e-Gazette) Himachal Pradesh.
## Section 2. Definitions.—(1) In these Bye-laws, unless there is anything repugnant in the subject or context—
(a) “Act” means the Himachal Pradesh Aerial Ropeways Act, 1968 (Act 7 of 1969);
(b) “Cabin” means carrier used for carrying the passenger on Ropeway; and
(c) “Promoter company” means M/S Dharamshala Ropeway Limited, HO: Elphinstone Building, 2nd Floor, 10 Veer Nirman Road, Fort, Mumbai 400001, India.
(2) The words and expressions used in these Bye-laws but not defined herein shall have the same meanings respectively assigned to them in the Act and Rules made thereunder.
## Section 3. Manner and other conditions to regulate.—The manner and other conditions to regulate the operation of aerial ropeways shall be as under:—
(a) the speed of the aerial ropeways shall be up to 6 metres per second;
(b) the maximum weight of passengers to be carried in each cabin shall not exceed 640 Kg., inclusive of luggage/goods;
(c) the maximum number of persons allowed to be carried in each cabin shall be 8 adults;
Explanation.—(i) For the purpose of these Bye-laws, any individual above the age of 3 years shall be counted as an adult;
(ii) Children below the age of 3 years shall not be counted for the purpose of maximum number of passengers to be carried in each cabin. They will be given a seat based on availability.
(d) The passengers shall not be allowed to carry the arms and ammunition as defined under the Arms Act, 1959 and the alcohol, intoxicants, items illegal or prohibited by laws and carcass of birds, animals and narcotics while travelling on the ropeways. The passengers shall also not be allowed to carry inflammable substances like kerosene, gas cylinders;
(e) The passenger shall not be allowed to eat, drink or smoke while travelling on the ropeway;
(f) Spitting and littering at terminal building shall be prohibited;
(g) The promoter company in its sole discretion may refuse any passenger to ride in the cabin if an employee of the company notices that such person is under the influence of any intoxicant/narcotic substance or is otherwise physically/mentally unfit to travel on the ropeway or apprehend any danger to the co-passengers or employee of the promoter company or if the passenger is carrying any of the items prohibited under clause 3(d) above; and
(h) A copy of Bye-laws shall be displayed at conspicuous place along with list of restricted and prohibited items and actions such as ‘No Smoking’ may be highlighted and represented graphically.
## Section 4. Servant-in-charge.—Servant-in-charge/Ropeway-in-charge shall be appointed by the Promoter company as per the provisions of the Act.
## Section 5. Qualifications of staff.—The qualifications of the staff to be employed for running and maintenance of aerial ropeway shall be as under:—
(1) Mechanical Engineer:
Diploma in Mechanical Engineering from an Institute/Polytechnic recognized by the State/Central Government.
(2) Electrical Engineer:
Diploma in Electrical Engineering from the Institute/Polytechnic recognized by the State/Central Government.
(3) Mechanical Trade Man:
Should have working experience of ropeway operation/construction and ITI certificate from the institute recognized by the State/Central Government.
(4) Electrical Trade Man:
Should have working experience of ropeway operation/construction and ITI certificate from the institute recognized by the State/Central Government.
(5) Customer Care Executives:
Graduate in any stream from the State/Central Government recognized Institute/University.
(6) Marshals:
10th pass from the State/Central Government recognized Institute/Board.
(7) Ground Handling Staff:
10+2 pass from the State/Central Government recognized Institute/Board.
## Section 6. Small Luggage.—(1) The promoter company shall allow passengers to carry small luggage like brief case or hand bags of weight upto 7 kg. with them free of charge.
(2) The promoter company shall make arrangements for warehousing the personal belongings of the passengers at the stations. The promoter company, however, shall not be responsible for loss of personal belongings of the passengers in the warehouse or during travel. The passengers are required to take care of their belongings during travel on the aerial ropeway.
(3) The passengers shall also be responsible for small children accompanying them during the travel on the aerial ropeway.
(4) The employee of the Promoter company shall have the right to search the passengers in person and inspect the luggage/goods in case he has reasons to believe that the passenger is carrying some materials which are prohibited under clause (d) of Bye-laws 3.
## Section 7. Conduct of Promoter's Company employee.—(1) Every employee of the Promoter's Company shall have to show courtesy to the passengers.
(2) Every employee of the Promoter's Company shall strictly abide by the law prohibiting consumption of alcohol, intoxicating substances and narcotic during the course of his duties.
(3) Every employee of the promoter company shall strictly abide by the provisions of these Bye-laws and also ensure that the bye-laws are not violated by any person.
(4) In case of breach of any of the provisions of the Bye-laws by the servant the promoter company may forfeit a sum not exceeding one month pay of the servant responsible for the act and may take further suitable action under the provision of company's Bye-laws.
## Section 8. Timing of operation of aerial ropeway.—(1) The aerial ropeway shall normally be operative between 5 A.M. to 11 P.M. on everyday. The time schedule shall be displayed on the notice board at the Aerial Ropeway stations.
(2) Passengers while coming back will report the boarding station one hour before the closing time of the ropeway and after that the promoter company will not be liable/responsible to bring the passenger back to either lower or upper terminal.
(3) The Promoting Company shall have the right to close down the operations of Ropeway for safety reasons at any time during the operating hours.
## Section 9. Power to be used for operating of aerial ropeway.—(1) The power to be used for operating the aerial ropeway shall be electrical power. In case of breakdown/non availability of electrical power supply, the aerial ropeway shall be operated with the diesel engine backup.
(2) During the maintenance/break down period of aerial ropeway, the promoter company shall inform the Inspector Ropeways and Public by advertising in the leading two newspapers of the region (one in English and other in vernacular language) in respect of the closure and reopening of the aerial ropeway.
## Section 10. Compensation in case of accident.—(1) In case of death or permanent disablement of person resulting from any accident arising out of the use or operation of the aerial ropeway, the compensation in such death or permanent disablement shall be paid by the promoter company or the insurance company. The minimum amount of compensation shall be payable as under:—
(a) Children below 3 years: Rs. 1,00,000/—
(b) Passenger above 3 years of age: Rs. 5,00,000/—
(2) For minor injuries during the aerial ropeway journey, normal first aid shall be provided by the employee of the promoter company.
(3) These rates shall be reviewed from time to time under the provisions of the Act.
## Section 11. Maximum rates to be charged and other conditions.—(1) The maximum rates to be charged by the promoter company shall be proposed by the promoter company as per the provisions of the Act, as amended from time to time and shall be displayed on the notice board at prominent place.
(2) Tickets once sold will not be re-fundable under normal circumstances. The refund will only be granted for the reasons beyond the control of the promoter company to operate the ropeway.
(3) Ticket counters and sale of tickets shall normally be closed one hour before closing time of aerial ropeway operation schedule and the same shall be displayed on the notice board at the counter.
(4) The promoter company shall make adequate arrangements for keeping cabins and reception area clean and shall provide proper lighting, toilet and drinking water facilities at upper and lower stations.
(5) The promoter company shall provide a special chair at upper and lower station to help the persons with disability in embarking and disembarking.
(6) The promoter company shall make provisions for issuing out-of-turn tickets to persons with disability, so that they are not required to stand/wait in normal queue.
(7) The promoter company shall provide the fire fighting equipments at both the stations.
(8) Passengers shall also not be allowed to resort to any activity causing nuisance to public/co-passengers in the premises of the ropeway and while travelling in the cabins.
(9) Only people with valid tickets will be allowed into the paid area.
## Section 12. Penalty for violation of Bye-laws.—(1) The passenger/company shall be bound to abide by these Bye-laws and provisions of the Act, as amended from time to time.
(2) Any person who contravenes any of the provisions of these bye-laws shall be liable to fine, which may extend to any sum not exceeding three times the applicable fare and loss caused to company shall also be recovered from him.
(3) Passenger(s) will be bound to follow the directions of the ground staff for embarkation, disembarkation and riding the cabins for safety purposes. Passengers will not be allowed to enter, restricted/no entry area and any violation of the safety rules shall be responsibility of the passenger and he shall be liable for action under Sections 34, 35, 36 and 37 of the Act, as amended from time to time.
## Section 13. Grievance redressal.—Any grievance may be referred to Servant-in-Charge of the ropeway of the company as well as Inspector Ropeway-cum-Executive Engineer, Mechanical Division, H.P.P.W.D., Dharamshala for redressal. The contact details of the above officials shall be displayed on the Notice Board.