The Maharashtra Advocates Welfare Fund Regulations, 1983

Published vide Notification Maharashtra Shasan Rajpatra, Part 4Ka, dated 22nd December, 1983, at pp. 599-617

mh548

In exercise of the powers conferred by section 28 of the Maharashtra Advocates Welfare Fund Act, 1981 (Maharashtra LXI of 1981), and of all other powers enabling it in that behalf, the Bar Council of Maharashtra, with the previous approval of the State Government, hereby makes the following Regulations, namely :-

Short title and commencement.- (1) These Regulations may be called the Maharashtra Advocates Welfare Fund Regulations, 1983.

(2) They shall come into force with effect from 22nd December, 1983.

Definition.- In these Regulations, unless the context otherwise requires, -

(a) "Act" means the Maharashtra Advocates Welfare Fund Act, 1981;

(b) "disabled Advocate" means an Advocate who is suffering from partial or permanent disablement;

(d) "indigent Advocate" means an Advocate who is unable to maintain himself and his dependents by reason of his very little income from practice and other circumstances;

(e) "Partial disablement" means where the disablement is of a part of body or of a temporary nature and such disablement which reduces an Advocate's capacity to practise as an Advocate which he has capable of undertaking before the time of disablement:

Provided that such disablement and the period during which it continued shall be certified by a registered medical practitioner;

(f) "practice" means to appear, plead and act for a party before a Court of Law, a tribunal, or other authority or person authorised to take evidence on oath and to adjudicate or to decide disputes between the parties and acting as Commissioner or Arbitrator, giving advice and opinions on legal matters, and drafting pleadings, deeds, instruments, documents, affidavits and performing Notarial acts;

(g) "section" means a section of the Act;

(h) "Total disablement" means such disablement as completely incapacitates a member from undertaking practice as an Advocate which he was capable of performing before the date of the disablement:

Provided that such disablement shall be certified by a registered medical practitioner;

(i) Words and expressions used in these regulations but not defined shall have the same meaning respectively assigned to them under the Act.

Recognition and Registration of Bar Associations.- (1) An application under section 14 may be made by an association of Advocates functioning in any Court or before any tribunal or before any other authority or person legally authorised to take evidence or to adjudicate or decide any dispute to the Bar Council for recognition and registration of the Bar Association in Form No. I.

(2) Every such application shall be accompanied by a true copy of the Constitution, rules and by-laws, if any, framed by such association registered or unregistered and an up-to-date current list of the members of the association showing their names, address, age, date of enrolment, names, addresses of the current President, Secretary and other office-bearers. Such application shall be signed by the President and Secretary of the association on behalf of the association.

(3) The Bar Council shall, after holding such enquiry as it deems necessary, issue a certificate of registration to the Bar Association applying for recognition and registration in Form No. II. Such certificate shall be signed by the Chairman of the Council and shall bear the seal of the Bar Council.

(4) The Bar Council may recognise and register more than one Bar Association functioning in any Court or before any Tribunal or before any other authority specified in sub-section (1) of section 14 if different associations of Advocates by whatever name known are functioning in such Court or Tribunal for a long time due to historical reasons or otherwise, and it is deemed necessary and expedient to grant such recognition and registration for better implementation of the Act.

Application for membership of the Fund.- (1) An application for membership of the Fund shall be made by Advocate to the Trustee Committee in Form No. III. Such application shall be signed by the applicant and attested by either President, Vice-President or Secretary of the recognised Bar Association of which he is a member.

(2) In case an Advocate is a member of more than one Bar Association, he shall be entitled to apply for membership of the Fund only through one such association as he may choose and the Advocate concerned shall state in his application for membership of the Fund that he is restricting his application for membership as member of only one of the recognised Bar Associations.

Payment of Admission Fee.- (1) Payment of application fee may be made either in cash or by money order or by means of a Demand Draft drawn in favour of Trustee Committee or by an accounts-payee cheque in favour of the Trustee Committee payable in Bombay. In case the cheque is drawn on a bank outside Bombay, bank's collection charges shall be added to the amount payable.

(2) An Advocate belonging to Scheduled Castes or Scheduled Tribes shall be entitled to similar facility available to other Advocates to pay the amount of application fee in four equal instalments during the course of one year, if he so desires.

Certificate for Admission to the Fund.- The Trustee Committee shall issue a certificate in Form No. IV to the Advocate concerned on his admission as a member of the Fund. Such certificate shall be signed by the Chairman and bear the seal of the Trustee Committee.
Removal of member for non-payment of fees, etc.- (1) An order removing the name of a member from the membership of the Fund shall be passed by the Trustee Committee on the ground of nonpayment of annual subscription or for any other sufficient cause after giving one month's notice to the member concerned in that behalf.

(2) The Trustee Committee may, if satisfied that any person has got himself admitted to the membership of the Fund by misrepresentation or suppression of any material fact or by fraud, remove the name of such person from the membership of the Fund after affording him an opportunity of being heard. On such removal all benefits accrued to such member by virtue of the provisions of the Act and these Regulations shall stand forfeited.

Printing and distribution of stamp.- (1) The stamps shall be printed in such manner and at such place as may be decided by the Bar Council from time to time.

(2) Sale of stamps by the Bar Council shall be to the Bar Associations on request made by the Bar Association.

(3) Purchase price of stamps by the Bar Association shall be made by means of crossed Demand Draft in favour of the Trustee Committee drawn on the Scheduled Bank in Bombay or by cash.

Bar Council to keep records and accounts of stamps.- The Secretary of the Bar Council shall be the custodian of the stamps and he shall maintain the following records and registers, namely :-

(i) Register showing the order placed for the printing of stamps;

(ii) Register showing the stock of stamps with the following heads;

(a) Serial number,

(b) Date,

(d) Receipt,

(e) Issue,

(f) Balance;

(iii) Day Book;

(iv) Ledger;

(v) Cash Book;

(vi) Receipt Book with inner foil; and

(vii)Such other registers and records as may be directed by the Bar Council from time to time.

Bar Association to keep records and accounts of stamps.- The President and the Secretary of every Bar Association shall be responsible to the Bar Council for the purpose of distribution of stamps to its members and shall maintain proper accounts pertaining to the same, and for this purpose maintain the following records and registers, namely :-

(i) Register showing the stock of stamps with the following heads :

(a) Serial number,

(b) Date,

(d) Receipt,

(e) Issue,

(f) Balance;

(ii) Day Book;

(iii) Ledger;

(iv) Cash Book.

Collection of amounts due to the Fund.- (1) The Bar Council shall pay to the Fund part of the application fee collected during a financial year before the 30th June of the succeeding financial year.

(2) The Secretary of the Trustee Committee shall collect all sums specified in sub-section (2) of section 3 and deposit the same in the Fund Accounts in the bank forthwith.

(3) Separate accounts shall be maintained for the receipts under each of the clauses (a) to (k) of sub-section (2) and under sub-section (3) of section 3.

Investments of the Fund.- All investments made pursuant to the provisions of sub-section (2) of section 12 shall be made in the name of the Trustee Committee under the joint signatures of the Chairman, the Secretary and the Treasurer.
Payments under section 17.- (1) An application for payment out of the Fund from any member of his nominees or his legal representatives, as the case may be, shall be made in Form No. VII.

(2) All disbursements of amounts payable under section 17 shall be by account-payee cheques signed by the Treasurer and countersigned by the Chairman and the Secretary.

Notice of meeting of Trustee Committee.- (1) Seven clear days' notice shall be given for an ordinary meeting of the Trustee Committee.

(2) An urgent meeting may be called by the Chairman in his discretion by giving verbal notice of 24 hours. Such notice may be given by telephone, telegram or letter sent by post.

(3) The meeting of the Trustee Committee shall be held at the office of the Bar Council unless the Chairman otherwise directs.

Appeal to Bar Council.- An appeal under section 22 shall be in Form No. VIII shall be verified in the manner provided therein.
Exercise of appellate powers by Bar Council.- (1) The Bar Council may appoint an Appellate Committee of its members for exercise of appellate powers in respect of appeals under section 22. For facilitating early disposal of the appeals, the Bar Council shall select the members of the Committee as it deems fit and such Committee shall consist of not less than 3 members. The decision of the Committee shall be the decision of the Bar Council. The Appellate Committee may decide matters either unanimously or by majority. No appeal shall be heard by the Appellate Committee unless at least two members of such Committee are present for hearing.

(2) The Appellate Committee shall fix a date and place for the hearing of the appeal and may, from time to time, adjourn the hearing.

(3) The Appellate Committee may -

(a) before disposing of an appeal, make such further enquiry from the parties concerned or otherwise as it thinks fit. In case the Appellate Committee decides to hold any further enquiry in the matter, relevant material to be used for the purposes of the appeal shall be brought to the notice of the parties concerned with a view to giving them fair opportunity to make their submissions before the Appellate Committee in this behalf;

(b) pass interim orders including order of stay and issue such other interim directions as may be deemed just and proper;

(c) while disposing of an appeal, pass such orders as it thinks fit including an order of remand to the Trustee Committee with or without specific directions regarding disposal of the proceeding on remand;

(d) a copy of every order passed on appeal, certified as true and correct by the Secretary, shall be communicated to the Appellant and the Trustee Committee. Additional certified copy of order, however, may be supplied on application being filed along with requisite fee.

Failure to intimate retirement in time.- If a member voluntarily suspends or ceases practice or retires he shall forward the necessary intimation to the Trustee Committee in Form No. XI. If he fails to intimate the fact thereof to the Trustee Committee within 15 days of such suspension or cessation or retirement as required by subsection (12) of section 16, the Trustee Committee may reduce the amount payable to such member under section 17 according to the delay in giving such intimation at the rate of Rs. 50 per month.
Benefits and amenities to member Advocates.- (1) The Trustee Committee may provide the following other benefits and amenities including financial assistance to the members of the Fund under sub-clause (d) of sub-section (1) of section 23 :-

(a) in case a member is bed-ridden at home due to sickness necessitating cessation of practice for a period exceeding one month;

(b) in case of a member requiring to be hospitalised and is required to stay in hospital for medical treatment or for surgical operations or for investigations;

(c) in case of a member suffering from asthma, cancer, heart disease, leprosy or paralysis (partial or permanent), tuberculosis or suffering from disablement (partial or permanent) or any other disease, provided the member has not availed himself of the retirement benefit under section 17, the expenses incurred in respect of medical consultation, treatment, investigations, drugs and medicine and hospital expenses including surgical operation;

(d) for the higher education of the member concerned;

(e) for the education of the children of the member concerned;

(f) grant loan repayable with such interest as the Trustee Committee may, in its discretion thinks fit, to a member requiring medical treatment and illness of dependants.

(2) The Trustee Committee shall consider each application on its own merits and may grant such application to such extent as is feasible only after it is satisfied that the application is genuine and the particulars disclosed therein are correct and having regard to the funds at its disposal.

(3) (a) In case the member concerned has already incurred medical expenses for hospitalisation or other medical treatment and for education purposes, the member concerned shall produce original receipts or vouchers for the expenses actually incurred in support of his application in order to enable the Trustee Committee to consider and decide as to what extent the expenses should be reimbursed to the applicant.

(b) The Trustee Committee may enter into arrangements that hospitals, nursing homes, medical practitioners, colleges, universities, etc. with whom the applicant is concerned may be directed for the purposes of medical help and for higher education, as the case may be. The Trustee Committee may release the amount sanctioned wholly or in part directly to the hospital authorities or other individual or institute concerned. Similarly the Trustee Committee may forward the amount to the educational institute concerned in case the assistance is for higher education. In a fit and appropriate case, the Trustee Committee may pay any amount to the applicant in advance on his undertaking to utilise the same only for the purpose for which the amount is sanctioned. The Trustee Committee may do so on being assured by the member and after being satisfied about the bona fides of applicant and after examining the estimates from reputed medical practitioners and institutes for the hospitalisation, treatment or educational facility, as the case may be. The Trustee Committee shall use its discretion in these matters depending upon the urgency of the situation. It shall be open to the Trustee Committee to dispense with procedural matters for speeding up the disbursement of the amount in case it so thinks fit and proper.

(4) The Trustee Committee may grant such financial assistance or loan in the aforesaid cases from such funds in such manner as the Trustee Committee may think proper having regard to the funds at their disposal and having regard to the circumstances mentioned by the applicant in his application.

(5) Application for the aforesaid benefits and amenities shall be made in the Form No. IX or X, as the case may be.

(6) On receipt of an application, the Trustee Committee shall, by itself or through a sub-committee or by such other method or by the Bar Council or by the Bar Association concerned, make necessary enquiries including whether the applicant deserves financial assistance and determine the extent of the assistance and aid required. The Trustee Committee shall be competent to examine the applicant or to call for and examine the record in possession of the Bar Council or the Bar Association or any other person for the aforesaid purposes. The proceedings of the Trustee Committee or the sub-committee for the aforesaid purposes shall be treated as confidential.

(7) If an applicant makes any statement or furnishes any information which is discovered to be false to his knowledge, it shall amount to a professional misconduct.

(8) The Trustee Committee may in appropriate cases call upon the applicant to refund the financial assistance or aid fully or partly given to the applicant if the applicant had obtained assistance or aid by making material mis-statements or giving false information or by suppression of material fact or information or if after the grant of the assistance, there is a material change, in the opinion of the Trustee Committee, in the circumstances of the applicant. The decision of the Trustee Committee shall be final and conclusive and it shall be the obligation of the applicant to comply with the said decision. The Trustee Committee may, in its discretion, withdraw or vary the assistance from time to time.

Re-admission of member to the Fun.- A member who has opted for retirement benefit under sub-section (3) and the proviso to section 17 may be re-admitted provided such member refunds the entire money he has received by way of retirement benefit. Application for re-admission under sub-section (8) of section 16 and under subsection (3) of section 17 shall be in the Form No. VI.
Annual Report.- The annual report for the year in beginning from 1st January to 31st December, of the year shall be prepared before the end of 30th June, of the following year and a copy of that report shall be submitted to the State Government as well as the Bar Council within 15 days after such report has been approved by the Trustee Committee.
Records to be maintained by Secretary.- The Secretary of the Bar Council shall keep and maintain the following records and registers, namely :-

(i) The register of the registered Bar Associations requiring the particulars under section 15, the number of members, increase or decrease in respect thereof and also the number of members of each Bar Associations who have become the members of the Fund.

(ii) A minute book of every meeting of the Trustee Committee as well as a separate minute book of every sub-committee appointed by the Trustee Committee.

(iii) A register of members wherein the date of application of the applicant, the date of his admission, the date of cessation of practice, date of retirement, date of death and other necessary columns in respect of annual fees shall be entered. The register shall also contain a column as to when and how the admission fee has been paid and another column as to how and when the annual subscription has been paid and other columns for various benefits given to such member. Such register shall also provide a blank column for remarks. The Register shall be maintained in Form No. V.

(iv) A day book which will show the day to day business which is transacted on behalf of the Trustee Committee. This book may be maintained for every quarter or for a year and it would from the basis for preparing annual statement of business under clause (i) of section 13.

(v) A register of the staff appointed by the Trustee Committee.

(vi) Maintenance of files, separately as far as possible in respect of each subject matter.

(vii) A record of the members who have retired and who have been paid compensation under section 17.

(viii) A register of members and other Advocates who have received financial assistance for medical treatment and for hospitalisation.

(ix) Register of members and other Advocates who have received financial assistance for educational facilities for the member as well as for his dependants.

(x) Register of association who are receiving financial aid for maintaining better libraries.

(xi) Register of members who have received financial assistance on the ground that they are indigent or disabled or on other grounds. Such register shall contain the required information such as the date of application, the date of grant, the date of refusal, the amount of facilities, amenities and assistance granted and repayment of loan, withdrawal of aid of assistance.

(xii) Record of the application of members for financial aid containing all particulars mentioned in regulation 19.

(xiii) Register showing the instances and cases reported to the Bar Council for appropriate action under sub-section (3) of section 19.

(xiv) Register of Advocates appointed for the purposes of assisting the indigent persons before the Courts.

(xv) Register of Advocates appearing in legal aid matters rendered by the Bar Council or by the Central or State Government.

(xvi) Register of members appearing on behalf of the Bar Council or the Bar Associations which shall specify the matters in which the Advocate has appeared.

(xvii) Register of Advocates appointed for accused by the Court to help the Court as amicus curiae.

(xviii) A record of each case decided by the Trustee Committee against which an appeal lies to the Bar Council under section 22 together with the result of the appeal and other particulars.

(xix) A register for the group insurance of the members of Fund giving various particulars of each member of the group together with the premium payable, amount paid by a member, etc., and benefits and compensation given to such member.

(xx) A register of enquiries instituted and conducted by the Trustee Committee for the purposes of the Act.

Form I

[See regulation 3(1)]

Application for Recognition and Registration

Name of the Association
Whether registered under the Societies Registration Act, or other similar Act (Give Details).
Name and Place of Court, Tribunal, authority or person in which the Association is functioning.
Number of members at the time of application (List of names, address, date of enrollment, age of members).
Names and address of the President and Secretary and office-bearers at the time of presentation of the application.
Memorandum of Association, regulations and by-laws of Association.
We have read regulations of recognition and registration and abide by the same.
We shall furnish details under section 15(1)(2).

We,..................do solemnly affirm that the particulars stated above are true and correct.

President/Chairman, Secretary,

Place:

Date :

(Seal of the Association)

Form II

(Emblem of Bar Council)

[See regulation 3(3)]

The Bar Council of Maharashtra Certificate of Registration

The Bar Council of Maharashtra, do hereby certify that the.................Association is registered under section 14 of the Maharashtra Advocates' Welfare Fund Act, 1981 and its registration No. is..........

Given under my hand and seal of the Bar Council of Maharashtra.

Dated this, the...............day of............198,

(Seal)

Chairman

Form III

[See regulation 5(1)]

Application for Admission to the Welfare Fund

Name and address (in Block letters).
Age and date of birth of applicant.
Date of enrolment under the Advocates Act, 1961.
Name of the Bar Association of which he is a member and address.
Place or places of practice.
Suspension or discontinuance of practice if any, with details of suspension and resumption.
Name and address of the nominee or nominees with the proportion of share to be paid to each and their relationship with member.
Amount and date of payment to the Fund under section 16(3) (Receipt to be attached).
Balance of admission fee instalment if any, how paid.

I................. do solemnly affirm that the particulars furnished above are true and correct.

Place :

Date :

		Signature of the Applicant,
Attested by	President	Secretary

Form IV

[See regulation 6]

Maharashtra Advocates' Welfare Fund Trustee Committee Certificate of Membership

The Maharashtra Advocates' Welfare Fund Trustee Committee certify that Shri/Smt, is admitted to the membership of the said Fund under section 16(2) of the Maharashtra Advocates' Welfare Fund Act, 1981.

Given under my hand and seal of the Maharashtra Advocates' Welfare Fund Trustee Committee.

Dated this, the..........day of...................198

(Seal)

Chairman

Form V

[See regulation 21 (iii)]

Form of Register of Members admitted to the Welfare Fund

Serial No.	Membership No., Name and address of the Member	Name of Bar Association in which he is a member	Date of birth	Date of Enrolment as an Advocate	No. in the State Roll of Advocate	Date of Admission to the Fund	Number of years standing prior to admission, actual as well as computed under section 17	Remarks
1	2	3	4	5	6	7	8	9

Form VI

Application for Re-admission to the Welfare Fund

Name and address (in Block Letters).
Age and date of birth of applicant.
Date of enrolment under the Advocates Act, 1961.
Date of removal under section 16(8).
(a) Date of retirement.

(b) Date for exercise of option for retirement benefit.

Place or places of practice.
Suspension or discontinuance of practice, if any
Date and details of resumption of practice.
Date and details of payment of interest as per section 16(8) of the Act.
Date of previous admission to the Membership of the Fund.
Grounds for re-admission under section 17(3).

I,................... do solemnly affirm that the particulars furnished above are true and correct.

Place :

Date :

Signature of Applicant

Form VII

[See regulation 13]

Application for Payment from the Fund

Name and address of the applicant (in Block Letters).
Age and date of birth of applicant.
Date of enrolment under the Advocates' Act, 1961.
Registration number under the Maharashtra Advocates Welfare Fund Act, 1981.
Completed years of practice excluding period of suspension, removal and cessation of practice :

(i) Before the Act

(ii) After the Act

Date of retirement
Date of death of member and death certificate.
Nomination paper, if any
Relation of applicant to the deceased member.
Relation of nominee or nominees to the deceased member.
Succession certificate if any
Other necessary facts required for consideration of application.

Place :

Date :

Signature of the Applicant

Where the person entitled to the amount is minor his/her natural guardian may apply.

Form VIII

[See regulation 15]

Before the Bar Council of Maharashtra Appeal under section 21

Appeal No. of 19

Name and address (in Block Letters).
Number and date of order appealed against.
Date of order.
Number and date of receipt evidencing payment.
Statement of facts.
Grounds of appeal.
Particulars of draft drawn on the Scheduled Bank in Bombay.

I, .......................................... do solemnly affirm that the particulars furnished above are true and correct.

Place :

Date :

Signature of the Applicant

Form IX

[See regulation 18(5)]

Application for Aid

Name and residential address of the member.

(In Block Letters).

Office or chamber address, if any.
Age and date of birth of the member.
Date of enrolment of member.
Court or Courts in which the applicant is or has been practising.
Purpose for which aid is required and the period.
The name and extent of financial aid [See note (a)].
Name and address of the medical practitioner who is attending the patient.
Details regarding the disease.
Details about the amount required for the treatment and vouchers in support thereof, if any.

(Such as investigation, consultations, medicines, operations, period of treatment).

Name and place of hospital wherein the member is to be treated.
Reasons and grounds for financial aid or assistance or loan required.

(Give details and amount required and how the applicant proposes to repay the loan).

The number of members of the family of the applicant.
Average income.
Assets and properties (value)
Whether paying income tax
Whether the applicant is insured, if so, state the particulars of the insurance policy and whether premium is regularly paid or not.
Whether the applicant is prepared to give any security or guarantee, if so, state the particulars thereof.
Whether any application for such help/aid applied or received from any other source, if so, give particulars.
If prior application to Trustee Committee and the result thereof.
Whether the applicant has been held guilty of professional misconduct at any time by any Bar Council or High Court and if so, state the particulars thereof.
Whether any complaint of misconduct is pending against the applicant if so, state particulars thereof.
Whether the applicant has been convicted in a Criminal Court involving moral turpitude, if so, state the particulars thereof.
Whether the applicant has any money decree against him or her or in his/her favour, if so, state the particulars thereof.
Recommendatory note, if any, to be enclosed.

The particulars furnished and the statements made hereinabove are true to the best of my knowledge, information and belief.

I agree and undertake to inform the Bar Council of any change of circumstances or conditions during the period of any aid.

I agree and undertake to supply to the Council any particulars and information in connection with this application for the aid as may be required from time to time by the Council or the Committee or the Secretary of the Council.

Place:

Date :

Signature of the Applicant

Note. - In case of disability, medical certificate shall be furnished.

Form X

[See regulation 18(5)]

Application for Educational Aid

Name and address of the member.

(In Block Letters).

Age and date of birth of the member.
Date of enrolment of member.
Name, age and address of the student.
Student's relationship with the member.
Name and address of the institution where the student has been admitted or is to be admitted.
Details regarding the course of study.
Details of diverse kind of fees, cost of books and vouchers in support thereof, if any.
Details of residential accommodation, if any.
Average income of the member and other members of his family, if any.
Assets and properties (values) of the member.
Whether the member is paying income tax.
Whether any application for such help/aid applied for and received from any other source.
If prior application to Trustee Committee and the result thereof.
Recommendatory note, if any.

I,.................... do hereby affirm that the particulars furnished above are true and correct.

Place:

Date:

Signature of the Applicant

Form XI

(See regulation 17)

Application Form for Voluntary Retirement

Name and address of the member.
Age of member on the date of the application.
Date of admission to the fund.
Date of enrolment as an advocate.
Whether any default made in payment of annual fees.
Whether any benefits or amenities availed of, under this Act and Regulations, state de The Bombay Aerial Ropeways Rules, 1959

Published vide Notification No. G. N., P.W.D., No. TRM. 1559-M, dated 31st December, 1959 (B.G., 1960, Part 4B, p. 87)

mh556

In exercise of the powers conferred by section 45 of the Bombay Aerial Ropeways Act, 1955 (Bombay III of 1956) the Government of Bombay hereby makes the rules, as follows:-

These rules may be called the Bombay Aerial Ropeways Rules, 1959.
An Inspector shall be technical adviser to the State Government regarding work of public safely any convenience and the general working of aerial ropeways and such other matters as may be referred to him connections with aerial ropeways.
Where motive power to be used on an aerial ropeways is electrical power, the promoter shall obtain motive power for the main traction rope from the nearest electric lines preferably, with duplicate feeders, and shall provide for an auxiliary independent source of the power under his direct control which can be called in service immediately in the event of failure or the supply shall be such as to be sufficient for bringing the standard carries to the nearest station.
The maximum gradient of the aerial ropeway shall not exceed 45 per cent.
(1) The minimum safely factor on the rope stress shall be 4.00

(2) Trestles, station buildings, rope anchorages, foundations and other civil engineering structures shall be according to the relevant codes and standards of the Indian Standard Institution, except that no increment in the allowable working stress shall be permitted for inclusion of wind load in the analysis. The external forces taken as basis for the calculation of the supports and their foundation shall also consists of the dead weight of the supports, the rope pressure, the weight of the fully loaded carriers, the effect of starting and stopping of the carriers. The promoter of every ropeway system shall ensure that trestles, station buildings, rope anchorage, foundation and other civil engineering structures have a minimum factor of safety of 4 on the breaking stress after taking into consideration the stress caused by all the aforesaid forces.

(3) The height and the distance of the supports shall be arranged in manner that the minimum height of the lower edge of the carrier above the ground except within the station limits shall be 12 feet and such clearance over the highways, canals, rivers and other public places shall be determined by a reference to the authorities in charge of them :

Provided that, such clearances over main roads shall not be less than 20 feet.

(1) The driving unit of the ropeway's shall be provided with two brakes acting totally independent of each other and one of them driving sheave. One of these brakes shall be brought into engagement automatically in the following cases by suitable safety circuits, namely:-

(a) at disconnection of the driving power, viz. in the case of break down of machines, interruption of current :

(b) when exceeding the maximum speed by 10 per cent

(c) when actuating the various emergency push-buttons (such push- buttons shall be provided in the stations, in the driver's stand and in the carriers in order to ensure an immediate stoppage of the ropeway in the case of danger);

(d) when exceeding the normal limits positions of the carriers in the stations.

All brakes shall be adjustable and controllable with normal effort; they shall be so arrange so that they can be re-adjusted in a simple manner from the driver's stand.

(2) An auxiliary traction rope shall be provided to drive the carrier in the event of breakage of the main traction rope. Hand brakes shall also be provided to control the main drive, shaft and the motor shaft of each of the two drives. Alternatively, carrying rope clamp breaking, clamping the carriages to the carrying ropes.

(3) Drivers shall be subject-offs by manipulation from station as well as carrier. Automatic switch-offs and buffer shall be provided at the end of the line. The rope anchorages shall be founded independent of the station building.

(1) The carrier shall be closed from all sides and the doors and windows shall be provided with safety lock.

(2) The carrier shall be furnished with inside and outside illumination, signals and telephonic connections with both station and in the driving station there shall be provided speed indicator and a carrier position indicator to indicate the exact position of the carrier if the sight is bad.

(3) The weight of the carrier shall be evenly distributed over a minimum of 4 wheels in case of carrier designed to carry a maximum of 4 passengers and over a minimum of 8 wheels in the case of larger carrier. The total carrying capacity of the carrier in tones and in number of passengers shall be distinctly marked on it and either condition shall be satisfied before switching the drive on.

(4) Oscillations in the carrier in the travelling direction as well as in the lateral direction shall be prevented with suitable dampers.

(5) The running mechanism shall be provided with suitable lubrication apparatus for continuous lubrication while in motion.

(6) A hatch for exit and special lowering device shall be provided in the cabin of each carrier to enable the conductor to lower the passengers to the ground in an emergency.

The maxim travelling speed of the carrier shall not exceed 5 meters per second.
(1) Explosives shall not be carried in any carrier.

(2) Passengers and their permitted shall not exceed the specified laden weight capacity of the carrier.

(3) No animal shall be permitted to be carried in the carrier for passengers:

Provided that pet animals may be carried through a separate carrier provided for the purpose

Whenever an aerial ropeway's passes over a mining area, the promoter shall acquire the sub-soil right for the proper support of his trestles and stations.
Inspection for the purposes of sub-section (3) 21 shall be made so far as may be in accordance with the provisions of section 14.
For the response of erecting, examining, repairing, altering or enclosed garden appurtenant to any building under, over, along, across or upon which the ropeway is to be or has been installed, without giving previous notice of at least 7 days of his intention to do so to the owner or occupier of the property:

Provided that, the promoter may, for the purposes of preventing any accident, enter such property without such notice, but shall immediately thereafter make a report of the action taken by him to the Inspector and the Collector and send an intimation of such action to the owner or occupier of the property.

The State Government specifies accident of the following description to be accident for the purposes of clause (c) of section 20, namely;

(i) derailment of a carrier outside the station buildings;

(ii) displacement of carrier outside the station buildings

(iii) damage of trestles;

(iv) a carrier striking a trestles or other permanent objects;or

(v) an accident tipping of bucket along the line

(1) Accidents of the description specified in clause (a) of section 20, shall be jointly enquired into by a Standing Committee consisting of the servant of the promoter 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, the police officer, the Magistrate and the Inspector within whose jurisdiction the accident has occurred and a report shall be submitted to the State Government by such Committee. The Inspector will act as the Chairman and Convener of the Committee. When an inquiry is being made, the promoter shall produce before the Committee all his servants whose evidence is likely to be required. After considering the recommendations made by the Committee, the State Government may give directions to the promoter for the prevention of recurrence of similar accidents and the promoter shall carry out the directions.

(2) On the occurrence of an accident referred to in sub-rule (1), the promoter shall at his expense -

(a) immediately inform the nearest medical officer who shall render medical aid to the injured persons ;

(b) arrange for first aid and other necessary facilities to such persons till they are removed to their homes or handed over to the care of their relatives or friends.

Whenever an accident of the description specified in clause (b) or (c) of section 20 has occurred in the course of working of an aerial ropeway, the Inspector within whose jurisdiction the accident has occurred shall proceed to the scene of the accident and conduct the investigation shall commence. He may summon any of the promoter's servants and any other person, whose presence he may consider necessary, and after taking the evidence and completing the investigation shall forward a copy of the report to the promoter and the State Government.
(i) A promoter of an aerial ropeway for public traffic shall, within six months of the annual closing of accounts submit to the State Government the following statements in the forms appended to these rules, namely :-

(a) The Balance Sheet with the Schedule ;

(b) The Revenue Account; and

(ii) The statements shall give a true and fair view of the state of affairs of the promoter and shall be certified by a duly qualified auditor.

Notice under the Act shall be served by registered post with acknowledgement due.

Form of the Balance Sheet with the Schedule

Balance Sheet as at......19..........of...........Limited

Capital and Liabilities

Property and Assets

Capital-

*Authorised Capital -

Shares of Rs. each... ...

*Issued Capital-

(i) Shares issued as fully paid up pursuant to any contract without payments being received in cash

Shares of Rs. each... ...

(ii) Shares issued for payment in cash

Shares of Rs. each... ...

*Subscribed Capital -

Shares of Rs. each... ...

* Amount called up at Rs. Per Share

Less Calls unpaid-

(i) Due from Managing Agents.

(ii) Due from others.

Add - Forfeited Shares (amount paid up)

*Note.-

(a) Preference, Ordinary and Deferred Capital have to be distinguished.

(b) Where circumstances permit, issued and subscribed Capital and Amount called up may be shown as one item, e.g., Issued and Subscribed

Capital Shares of Rs. each

Reserves

Debentures, standing the nature of security

Sinking Fund

Pension or Insurance Fund

Any other fund created out of nett profits (including any Development Fund)

Provision for bad and doubtful debts

Loans secured (other than shown in Form III)-

(a) Loans on mortgages or fixed assets

(b) Loans on debentures

(d) Liabilities to subsidiary companies

(e) Other secured loans stating the nature of security

(f) Interest accrued on mortgage, debentures or other secured loans.

Loans unsecured (other than shown in Form III)-

(a) Loans from Banks

(b) Fixed Deposits

(d) Short Term Loans

(e) Advances by Directors or Managers or Managing Agents.

(f) Interest accruing but not due and interest accrued and due.

(g) Liabilities to Subsidiary Companies.

Unclaimed Dividends Liabilities -

For goods supplied

For expenses

For Acceptances

For other Finance

Advance payments and unexpired discounts (for which value has still to be given).

Profit and Loss

Contingent Liabilities -

Claims against the company not acknowledged as debts.

Money for which the company is contingently liable (showing separately the amounts of any guarantees given by the company on behalf of Directories Officers of the company).

Arrears of Cumulative Preference Dividend

Total of Contingent Liabilities

Fixed Capital - Expenditure, less Depreciation as per schedule.

Preliminary expenses less written off

Commission or brokerage (Commission or Brokerage paid for underwriting or placing or subscribing shares of debentures until written off).

Discount allowed -

On the issue of shares or so much as has not been written off at date of the Balance Sheet.

Stores and Spare Parts.

Loose Tools

Livestock and Vehicles

Stock in Trade (of any other business carried on by the company).

(stating mode of valuation, e.g., cost or market value) Bills of Exchange.

Book Debts-

(a) Good-Secured.

(b) Good-Unsecured.

(d) Bad -Unsecured.

(Debts due by Directors or other officers of the Company or any of them either severally or jointly with any other persons are to be separately stated.)

Advances (recoverable in cash or in kind or for value to be received, e.g.. Rates, Taxes, Insurance, etc.)

Showing separately-

(i) Loans given to subsidiary Companies.

(ii) Loans (including Temporary Advances made at any time during the year to Directors, Managers or Managing Agents of the Company).

(Advances are to be classified as in the case of book debts).

Investments (showing nature of investments and mode of valuation, e.g., cost or market value and distinguishing)-

(i) Investments in Government or Trust Securities.

(ii) Investments in shares, debentures or bonds (showing separately shares fully paid up and partly paid up).

(iii) Investments in shares, debentures or bonds of subsidiary companies (showing separately shares fully paid up and partly paid up).

(iv) Immovable property.

Interest accrued on Investments.

Cash and other balances.-

Amount in hand

Balance with Agents and Brokers (in details showing whether on deposit or current account, etc.)

Special Items (to be specified) Profits and Loss.

Total.

Schedule

.......................Limited

Analysis of Capital Expenditure as at 31st 19

–	Gross Expenditure			Depreciation			Discarded or Written off			Net expenditure
–	Expended up to the end of previous year	Expended during the year	Total expended to the end of the year	Up to the end of previous year	Charged during the year	Total up to the end of the year	Up to the end of the previous year	During the year	Up to the end of the year	Net expenditure
1	2	3	4	5	6	7	8	9	10	11
Cost of acquiring Ropeway Concession. Ropeway Ropes, Trestle-Sheaves and connected parts. Trestles and Station Steel Works. Driving and Tension Gearing. Carriers Buildings Plant and Machinery Tools and Implements Furniture and Dead Stock
Total

Form of the Revenue Account

For the year ending 19.

(1937) Previous Year		Expenses	(1938) Current Year		Income	(1938) Current Year	(1937) Previous Year
Percentage of Gross Earnings	Amount	Expenses	Amount	Percentage of Gross Earnings	Income	Amount	Amount
1	2	3	4	5	6	7	8
	Rs.		Rs.			Rs.	Rs.
		I. Operating Expenses - (a) Power-Fuel, Oil, etc. (b) Stores (c) Wages, etc. (d) Expenses of Traffic Department (e) Other Items (to be specified). II. Repairs and Maintenance- (a) Buildings (b) Ropes, Sheaves and connected parts (c) Trestles and Station Works (d) Driving and Tension Gearing (e) Special Items (to be specified) III. General Administration- (a) Salaries (b) Managing Agent's Remuneration (c) Remuneration to Directors* (d) Other Items (to be specified). IV. Depreciation, Replacements and Renewals V. Special charges (to be specified), including interest on debentures, etc. Total Working Expenses Balance, being Net Earnings			I. Traffic Receipts- (a) Coaching (b) Goods (c) Others II. Miscellaneous Receipts III. Other Items (to be specified)- Balance, being Loss on Working (if any).
		Totals			Totals

*Note - The fees paid to Directors of the Company as Directors of Subsidiary or other companies are as follows

(a) Subsidiary Companies .. Rs.

(b) Other Companies .. Rs.

Form of the Profit and Loss Appropriation Account

	Rs.		Rs.
To appropriation thereof-		By Balance brought forwarded from last year
Income-tax
Bonuses (if any)
Dividends
To Balance carried down		By Balance brought down
To Balance carried to text year and shown in the Balance sheet		By Balance of Profit and Loss Account

N.B. - The Balances shown above are all credit balances. If any of these are debit balances, they will appear on the other side.tails thereof.

Reasons for retirement certificates in support of the reasons, if any.
Certificate of the Bar Council of removal of his name from the roll of Advocates.
Copy of the notice of retirement given to the Trustee Committee.
Reasons for delay in giving notice of retirement, if any.

I,............. do hereby solemnly affirm that the particulars furnished above are true and correct.

Place:

Date :

Signature of the Applicant