In this Act, unless the context otherwise requires,—
"Baluster" means a short pillar slender above and
bulging below;
"Balustrade" means a row of balusters meant for
supporting moving handrails;
"Chief Inspector" and "Inspector" means respectively
the person appointed to be the Chief Inspector of lifts and escalators
and the Inspector of lifts and escalators under sub-section (I) of
section 15;
"combplate" means a pronged plate that forms part of
an escalator landing and engages with the cleats of the steps at the
limits of travel;
"escalator" means a power driven inclined continuous
stairway used for raising or lowering passengers;
"escalator installation" includes the escalator, the
track, the trusses or girders, the balustrading, the step treads and
landings and all chains, wires and plants directly connected with the
operation of the escalator;
"licence" means a licence granted under section 4;
"lift" means an appliance designed to transport
persons or materials between two or more levels in a vertical or
substantially vertical direction by means of a guided car or platform;
"lift car" means the load carrying unit with its
floor or platform car frame and enclosing body work;
"lift installation" includes the lift car, the lift
way, the lift way enclosure and the operating mechanism of the lift
and all ropes, cables, wires and plant, directly connected with the
operation of the lift;
"power" means any form of energy which is not
generated by human or animal agency;
"prescribed" means prescribed by rules;
"rated speed" means the speed at which the lift or
escalator is designed to operate;
"rules" means rules made under this Act.
I. For Statement of Objects and Reasons, see Gujarat
Government Gazette,
Extraordinary. Part-V, dated the 22nd February, 2000. p. 4-10.
* This Act was assented to by the Governor on the 14"' March, 2000.
Y-1399-1
Every owner of a place intending to instal a lift or an
escalator in such place after the commencement of this Act, shall
make an application in such form as may be prescribed, to such
officer as the State Government may authorise in this behalf, for
permission to erect such lift or escalator. Such application shall
specify-
the type of the lift or escalator;
the rated maximum speed of the lift or the speed at which
the escalator is designed to operate;
the maker's or designer's rated capacity in weight;
the maximum number of passengers in addition to the lift
operator which the lift can carry;
the total weight of the lift car carrying the maximum load;
the weight of the counter weight of the lift;
the number, description, weight and size of the supporting
cables of the lift or escalator;
the depth of the pit from the lowest part of the car when at
the lowest floor of lift;
such details of the construction of the overhead arrangement
with the weights and size of the beams for the lift, as may be
prescribed;
angle of inclination for escalator;
type of balustrading in escalator;
the width between balustrades in escalator;
details of handrails, steps treads, landing, combplates,
trusses or girders and step wheel tracks in escalator;
the rated load in Kilogrammes on escalator;
the factor of safety based on the static loads in the lift
or escalator; and
such other particulars as may be prescribed.
2
On receipt of an application under sub-section (/), the
officer authorised under this section shall, after making such
inquiry and requiring the applicant to furnish such information as
may be necessary, forward the application with his remarks to the
Chief Inspector. The Chief Inspector may there upon either grant
or refuse the permission to erect lift or escalator. The
permission so granted shall be valid for a period of six months
from the date on which it is granted or for such further period
not exceeding six months as may be allowed by the Chief Inspector
for sufficient reasons.
3
On grant of permission under sub-section (2), the owner shall
get his lift or escalator erected by a person authorised under
section 13.
The owner who is permitted to instal a lift or escalator under
section 3 shall, within one month aflt6rr the completion of erection
of such lift or escalator, make an application to such officer as the
State Government may authorise in this behalf, for a licence for
operating the lift or an escalator.
An application for licence made under sub-section (7) shall be in
such form and accompanied by such fees as may be prescribed.
On receipt of an application under sub-section (/), such officer
may, after making such inquiry as may be necessary, forward the
application with his remarks to the Chief Inspector.
If the Chief Inspector is satisfied that the applicant has
complied with the requirements of the provisions of this Act. he may
grant the licence to use lift or escalator in such form and on such
terms and conditions as may be prescribed:
Provided that where the Chief Inspector refuses to grant the licence,
he shall give a reasonable opportunity of being heard to the
applicant.
The owner who has been granted licence under sub-section (4) shall
get his lift or escalator maintained by a person authorised under
section 13.
Notwithstanding anything contained in sections 3 and 4, every
owner of Application for commencement of this Act shall, within three
months from such date apply for a escalators, licence for operating of
such lift or escalator.
The provisions of sub-sections (2) and (3) of section 4 shall, as
far as may be, apply to such application.
Every licence shall be valid for a period of three
years from the date on which it is granted.
A licence may be renewed on an application made in
that behalf to the Chief Inspector in such form and accompanied by
such fee as may be prescribed alongwith the report made under section
16 and every such application shall be made not less than thirty days
before the date on which the period of validity of the licence is due
to expire.
No lift or escalator shall be operated except under and in conformity
with the Lift or escalator terms and conditions of the licence granted
in respect of the same.
If the licensee has contravened any of the provisions
of the Act or rules or any of the conditions of the licence or
directions given to him, the Chief Inspector may, after giving a
reasonable opportunity of being heard, suspend the licence for such
period as he thinks fit or cancel it.
No additions or alterations other than those required
to be made under sub- section (2) of section 10 shall be made to any
lift or escalator installation except with the previous permission in
writing of an officer authorised in this behalf by the State Government.
An officer authorised in this behalf by the State
Government or a person authorised under section 13 may, at any time
after giving a reasonable notice to the occupant, enter upon any
building in which a lift or an escalator is installed or is being
installed or in connection with which an application has been made for
licence, for the purpose of inspecting the lift or escalator or lift
or escalator installation or the
site thereof.
The officer, on such inspection, or on the basis of
report made under sub-saction (3) of section 16 is of the opinion that
any lift or escalator in any building is in unsafe condition, he may
direct by an order to the owner of the building or his agent appointed
under sub-section (2) of section 14 to make such repairs or
alterations to be made to such lift or escalator as he may deem
necessary, within the time specified therein and may also if
necessary, order the use of such lift or escalator to be discontinued
until such repairs or alterations are made or such unsafe condition is
removed. The owner or, as the case may be, his agent shall thereupon
comply with the order within the period specified therein and shall
forthwith report in writing to the officer of having so complied with.
Any person aggrieved by an order of the Chief Inspector made under
sub-section (4) of section 4 or section 8, may within thirty days from
the date of such order, appeal to the State Government.
Any person aggrieved by an order of the officer made under
sub-section (2) of section 10, may within thirty days from the date of
such order, appeal to the Chief Inspector.
Any person aggrieved by an order of the Chief Inspector made under
sub-section (2), may within thirty days from the date of such order,
appeal to the State Government.
An appellate authority may pass such order on appeal as it deems
just and proper.
The order made by the Chief Inspector on appeal, shall be subject
to the appeal to the State Government, and the decision of the State
Government on appeal shall be final and shall not be called in
question in any court.
Notwithstanding any appeal made under this section, any order to
discontinue the use of lift or escalator made by the officer under
sub-section (2) of section 10 shall be complied with unless the
appellate authority has suspended such order
The owner of a building in which a lift or an escalator
is installed or his agent appointed under sub-section (2) of section 14
shall afford all reasonable facilities to the officer or a person
authorised under section 13 for inspecting a lift or an escalator under
sections 10 and 16 and whenever ordered to do so by the officer shall,
at his own cost, procure at such inspection the attendance of the
person, if any, with whom he has entered into a contract for the
erection or maintenance of the lift or an escalator (being a person
authorised under section 13 for the work of erection or maintenance of a
lift or an escalator) or a representative of such person who is
competent to assist the officer in inspecting the lift or an escalator.
Where any accident occurs in the operation of any lift or
escalator which results or is likely to have resulted in loss of human
life or injury to any person, the owner of the building in which the
lift or escalator is working or if such owner has appointed an agent
and has communicated his name to the Inspector under subsection (3).,
such agent, shall as soon as may be after such accident, give notice
in such form and in such manner as may be prescribed, with full
details of the accident to the Inspector and also in the area for
which a Commissioner of Police has been appointed, to the Commissioner
of Police and elsewhere to the District Magistrate or such other
officer as the State Government may. by order, specify and the lift or
escalator installation shall not be interfered with in any manner and
the working of such lift or escalator shall not be resumed except with
the written permission of the officer authorised in this behalf by the
State Government.
For the purposes of sub-section (7), the owner of every building
in which a lift or an escalator has been installed, or in the case
where such owner does not reside in such building, an agent (who shall
be a resident in the town or village in which the building is situate)
appointed by the owner, shall give notice of any accident
occurring in the operation of the lift or escalator.
The name of every agent appointed under sub-section (2) shall be
communicated in writing to the Inspector.
The State Government may authorise the Inspector or any other
competent person appointed in this behalf, to inquire and report-
as to the cause of any accident affecting the safety of the
persons which may have been occasioned by, or in connection with,
the lift or escalator installation, or
as to the manner in, and extent to, which the provisions of this
Act or the rules made thereunder so far as those provisions affect
the safety of any person, have been complied with.
Every Inspector or other person holding an inquiry under
sub-section (4) shall have all the powers of a Civil Court under the
Code of Civil Procedure, 1908 for the purpose of enforcing the
attendance of witness and compelling the production of documents and
material objects; and every person required by an Inspector or such
other person as aforesaid to furnish any information shall be deemed
to be
legally bound to do so within the meaning of section 176 of the Indian
Penal Code.
The State Government may, by notification in the Official Gazette,
appoint persons duly qualified as Electrical Inspector under the
Indian Electricity Act, 1910, to be-.
the Chief Inspector of lifts and escalators;
the Inspector of lifts and escalators.
The Chief Inspector so appointed shall, in addition to the powers
conferred on him under this Act, exercise the powers of an Inspector
through out the State.
Every Inspector so appointed shall exercise the powers and perform
the functions of the Inspector under this Act within such areas or in
respect of such class of lift or escalator installations and subject
to such restrictions as the State Government may direct.
The State Government may. by notification in the Official Gazette,
appoint persons duly qualified to assist an Electrical Inspector under
the Indian Electricity Act. 1910 to be the Assistant Inspector of
lifts and escalators.
shall be inspected by the officer authorised in this behalf by
the State Government,-
before the grant of a licence under section 4; and
in every three years from the date of grant of licence;
may be inspected by such officer to check up compliance.with the
order made under sub-section (2) of section 10, if necessary.
Notwithstanding anything contained in sub-section (7), the owner
of a building in which a lift or an escalator is installed, shall get
his lift or escalator inspected and tested by a person authorised
under section 13 at an interval of every six months from the date of
grant of licence under section 4 and shall submit such inspection and
test report to the Chief Inspector.
The officer authorised under clause (a) of sub-section (7) and the
person who has inspected and tested the lift or escalator under
sub-section (2) shall submit their report to the Chief Inspector'in
such form as may be prescribed.
The fee as may be prescribed shall be paid by the owner of the
building in which the lift or escalator is installed for each
inspection under sub-section (I) and such fee shall be inclusive of
the fee for the inspection of electrical installation attached to the
lift or escalator installation. The fee shall be paid within such
period
and in such manner as may be prescribed.
Where the owner or any person liable to pay fee under this section
does not pay the same within the prescribed period, there shall be
paid by such owner for the period commencing immediately after the
prescribed period and ending on the date of payment of fees, simple
interest at the rate of twenty-four per cent per annum on the amount
of fees not so paid.
Whoever contravenes any of the provisions of this Act,
rules or the conditions of a licence or a direction given by the Chief
inspector or the inspector under this Act or the rules shall, on
conviction, be punishable with fine not exceeding five thousand rupees
and, in the case of continuing contravention, with an additional fine
which may extend to one hundred rupees for every day during which such
contravention continues after conviction for the first such
contravention.
Where an offence under this Act has been committed by a company,
every person who at the time the offence was committed, was in-charge
of and was responsible to, the company for the conduct of the business
of the company, as well as the company, shall be 'deemed to be guilty
of the offence and shall be liable to be proceeded against and
punished accordingly:
Provided that nothing contained in this sub-section shall render any
such person liable to any punishment provided in this Act, if he
proves that the offence was committed without his knowledge and that
he exercised all due diligence to prevent the commission of such
offence.
Notwithstanding anything contained in sub-section (1), where an
offence under this Act has been committed by a company and it is
proved that the offence has been committed with the consent or
connivance of or is attributable to any neglect on the par! of any
director, manager, secretary, or other officer of the company, such
director, manager, secretary, or other officer shall also be deemed to
be guilty of that offence and .shall be liable to be proceeded against
and punished accordingly.
Explanation . - For the purpose of this section, -
"company" means any body corporate and includes a firm or other
association of individuals, and
"director" in relation to a firm, means a partner in the firm.
Every notice, order or document by or under this Act required or
authorised to be addressed to any person may be served by post or
left,-
where a local authority is the addressee, at the office of the
local authority,
where a company is the addressee, at the registered office of
the company or in the event of the registered office of the company
not being in India, at the head office of the company in India.
where any other person is the addressee, at the usual or last
known place of abode or business of the person.
Every notice, order or document by or under this Act required or
authorised to be addressed to the owner or the agent of the owner or
the occupant of any premises shall be deemed to be properly addressed,
if addressed by the description of the "owner" or "agent of the owner"
or "occupant" of the premises (naming the premises) and may be served
by delivering il or a true copy thereof, to some person on the
premises or, if there is no person on the premises to whom the same
can with reasonable diligence be delivered, by affixing it on some
conspicuous part of the premises.
No suit, prosecution or other legal proceedings shall be instituted
against any Protection for officer for anything which is in good faith
done, or intended to be done under this Act or the rules or orders made
thereunder.
In the application of the provisions of this Act to lifts or escalators
installed by Application of the Government, the provisions of this Act
shall be deemed to have been adopted or modified to the extent specified
in the Schedule.
The State Government may. by notification in the Official Gazette,
make rules to carry out the purposes of this Act.
In particular and without prejudice to the generality of the
foregoing powers, such rules may provide for all or any of the
following matters, namely:-
the specifications for lifts and escalators;
the manner in which erection plans of lifts and escalators shall
be submitted;
the manner in which the lifts and escalators may be tested;
the form of application for permission to erect a lift or
escalator under sub-section (7), of section 3;
details of the construction of the overhead arrangement with the
weights and sizes of the beams under item (i) of sub-section (I) of
section 3;
other particulars which the application for permission to erect
a lift or an escalator shall specify under item (u) of sub-section
(]) of section 3;
the form in which an application for licence shall be made and
the fee which shall accompany such application under sub-section (2)
of section 4;
the form in which and the terms and conditions on which the
licence may be granted for the working of a lift or an escalator
under subsection (4) of section 4;
the form in which an application for renewal of licence shall be
made and the fee which shall accompany such application under
sub-section (2) of section 6;
the form of notice to be given under sub-section (1) of section
10;
the form in which an application for obtaining authorisation
shall be made and the fee and the particulars which shall accompany
such application under sub-section (2) of section 13.
the qualifications and other requirements for obtaining
authorisation under sub-section (J) of section 13;
the form and the manner in which notice of accident shall be
given under sub-section (1) of section 14;
the rate of fee which shall be charged for inspection of every
lift or escalator and the period within which and the manner in
which such fee shall be paid under sub-section (4) of section 16;
any other matter which is to be, or may be, prescribed.
All rules made under this section shall be laid for not less than
thirty days before the State Legislature as soon as possible after
they are made and shall be subject to rescission by the State
Legislature or to such modification as the State Legislature may make
during the session in which they are so laid or the session
immediately following.
Any rescission or modification so made by the State Legislature
shall be published in the Official Gazette and shall thereupon take
effect.
On the commencement of this Act, the Bombay Lifts Act, 1939 in its
application to the State of Gujarat, shall stand repealed:
Provided that such repeal shall not affect the previous operation of the
said Act and anything done or action taken (including any appointment or
delegation made, notification or notice issued, rule made, proceeding
instituted, fees recovered or penalty imposed) by or under the
provisions of the said Act, shall, in so far as it is not inconsistent
with the provisions of this Act, be deemed to have been done or taken
under the corresponding provisions of this Act, and shall continue in
force unless and until superseded by. anything done or any action taken
under this Act.
