The Assam Lifts and Escalators Act, 2006

Registered No. - 768/97
THE ASSAM GAZETTE
\5PlTtJT<fet
EXTRAORDINARY
m~ 4i~~~ ~ 2l<tllprl~
PUBLISHED BY THE AUTHORITY
'l~ 61 ~~, ~~~, 10 m6, 2006, 19 <ft~~ , 1927 ("J<i»
No .61 Dispur, Friday, 10th March , 2006, 19th Phalguna , 1927 (S.E.)
GOVERNMENT OF ASSAM
ORDERS BY THE GOVERNOR
LEGISLATNE DEPARTMENT ::: LEGISLATNE BRANCH
NOTIFICATION
The 9th March , 2006
No. LGL.148/2004/6.- The follow ing Act of the Assam Legislative A ssembly which received
the assent of the Governor is hereby published for general information.
ASSAM ACT NO . V · OF 2006
(Received the assent ofthe Governor on 6th March, 2006)
THE ASSAM LIFTS AND ESCALATORS ACT, 2006
AN
ACT
334 THE ASS AM GAZETTE, EXTRAORDINARY, MARCH 10, 2006
Prc.uuhlc
-, to provide for the regulation of the installation, maintenance
and safe working of electric lifts and escalators and of all machinery
and apparatus pertaining thereto in the state ofAssam.
Whereas it is expedient to provrde for the rcgulauon or the
installation, maintenance and safe working of electric lifts and escalators
and of all machinery and apparatus pertaining thereto in the state ofAssam:
It is hereby enacted in the Fitly-seventhYear of the Republic
of India as follow s>
Short title, extent
and commencement
De fi nit ion s
1.
2.
( I) This Act may be called the Assam Lifts andEscalatorsAct, 2006 .
(2) It extends to the whole of Assam .
(3) It shall come into force on such date as the State Government
may, by notification in the Official Gazette, appoint.
In this Act, unle ss the context otherwise requires-
(a) "Baluster" means a short pillar slender above and bulging below;
(b) "Balustrade" means a row of balusters meant for supporting
moving handrails;
(c) "Chief Inspector" and "Inspector" means respectively the
persons appointed to bethe ChiefInspector of lifts and escalators
and the Inspector oflifts and escalators under sub-section (I)
of section 15;
(d) "combplate" means a pronged plate that forms part of an
escalator landing and engages with the cleats of the steps at
the lim its of trav el;
(e)
(I)
"es calator " means a power d riven inclined continuous
stairway used for raising or lower ing passengers;
"esc ala tor installa tion" includes the escalator , the track, the
trusses or girders, the balustrading, the step treads and landings
and all ch a ins, wires and plants directly connected with
the operation of the escalator ;
I
~ -,
(g) "license" means a license grante d under section 4;
THE ASSAM GAZ ETTE, EXTRAORDINARY, MARCH 10, 2006 335
Permission to erect 3.
lift or escalator
(h) "lift" means an appliance designed to transport persons or
materials between two or more levels in a vertical or substantially
vertical di rection by means of a guided car or platform ;
(i ) "lift car" means the load carrying unit with its floor or
platform car -frame and enclosing body work ;
(j) "lift installation" includes the lift car , the lift way, the lift way
enclosures and the operating mechanism of the lift and all ropes,
cables, wires and plant, directly connected with the operation
of the lift;
(k) "power" means any form of energy, which is not generated by
human or animal agency ;
(1) "prescribed" me ans prescribed by rules ; -
(10) "rated speed "means the speed at wh ich the lift or escalator is
designed to operate;
(n) "rules" m eans rules made under this Act;
(0 ) "owner" means -
(i ) a l essee ,
(i i) a licensee ,
(i ii) a mortgagee in possession, and
(iv) any person or authority to whom or to which the
possession of and control over the affairs of the place
in which a lift has been erected and work has been
entrusted whether such person or authority is called a
managing trustee, an agent , a correspondent , manager ,
superintendent, secretaryor by any other name whatsoever.
(I) Every owner ofa place intending to install a lift or an escalator
in such place after the commencement of this Act,shall submit
an application in such form as may be prescribed, to such
officer as the State Government may authorize in this behalf,
for permission to erect such lift or escalator. Such application
shall specify -
(a) the type of the lift or escalator ;
(b) the rated maximum speed ofthe lift or the speed at
which the escalator is designed to operate ;
(c) the maker's or designer's rated capacity in weight ;
·336 - THE ASSAM GAZETTE, EXTRAORDINARY. MARCH 10, 2006
(d) the max imum number ofpa.ssengers in addition to the
lift operator which the lift can carry;
(e) the total weight of the lift car carrying the maximum load;
(f) the weight of the counter weight of the lift;
(g) the number , description , weight and size of the
supporting cables of the lift or escalator;
(h) the depth of the pit from the lowest part of the car when
at the lowest floor of lift;
(i) su ch details of the construction of the overhead
arrangement with the weights and size ofthe beams for
the lift asmay be prescribed ;
(j) ang le of inclination for escalator;
(k) ty pe ofbalustrading in escalator ;
(I) the width betw een balustrades in escalator ;
(m ) details ofhandrails, steps treads, landing, comb plates ,
tru sses or girders and step wheel tracks in escalator;
(n ) the rated load in Kilogram on escalator;
(0) the factor of safety based on the static loads in the lift
or escalator, and
(p) such other particulars as may be prescribed .
(2) On receipt of an app! ication under sub-section (I ), the officer
auth ori zed under this section shall , after making such inquiry
and requiring the applicant to furn ish such information as may
, be necessary, forward the application with his/her remarks to
the Ch ie f Inspector. The Chief Inspector may there upon
eith er grant or refuse the permi ssion 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
Inspecto r'for sufficient reasons. .
(3) On grant of perm ission under sub-section (2), the owner shall
get his lift or escalator erec ted by a person authorized under
section 13.
THE ASSAM GAZETTE, EXTRAORDINARY, MARCH 10, 2006 337
License for working 4. (I ) The owne r who is permitted to install a lift or escalator under
of lift section 3 shall, within one month after the completion of erection
of such Ii ft or escalator, make an appl ication to such officer
as the State Government may authorize in this behalf, for a
license for operating the lift or an escalator .
(2) An application for license made under sub-section (]) shall be
in such form and accompanied by such fees as may be
prescribed .
(3 ) On receipt of an application under .sub-section (I), such
officer may, after making such inquiry as may be necessary,
forward the application with his remarks to the Chief Inspector.
(4) If the ChiefInspector is satisfied that the applicant has
complied with the requirements of the provisions of this Act,
he may grant the license to use lift or escalator in such form
and on such terms and conditions as may be prescribed :
..,
Provided that where the Chicflnspector refuses to grant
the license, he shall give a reasonable opportunity of being
. . heard to the appl icant.
Provision in respect 5. (I) Notwithstanding anything contained in sections 3 and 4, every
of existing lift owner of a place in which a lift or an escalator has been
installed before the date of the commencement of this Act
shall, within three months from such date apply for a license
for operating of such lift or escalator .
(2) The provisions of sub-sections (2) and (3) of section 4 shall, .
as far as may be, apply to such application.
Duration and renewal 6. ( I ) Every license shall be valid for it period of three years from
of licenses the date on which it is granted .
(2) A license may be renewed on anapplication made in that
behalf to the Chief Inspector in such form and accompanied
by such fee as may be prescribed along with 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 license is due to expire .
Compliance ofterms 7. No lift or escalator shall be operated except under and in conformity
and conditions of with the terms and conditions ofthe license granted in respect ofthe same.
license
338 THE ASSAM GAZETTE, EXTRAORDINARY, MARCH 10, 2006
Power to cancel or 8.
suspend license
Addition or alteration 9.
of lift installation
If the licensee has contravened any ofthe provisions ofthe Act or rules
or any ofthe conditions of the licenseor directions given to him, the
Chief Inspector may, after giving a reasonable opportunity of being
heard , suspend the license 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) ofsection 10 shall be made to any liftor escalator
installation except with the previous permission in writing of an
officer authorized in this behalf by the State Government. .
Power to entry
Appeal
10. ( I ) An officer authorized in this behalf by the State Government
or a person authorized 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 license for the purpose of inspecting the lift or
escalator or lift Of escalator installation or the site thereof. ., .
(2) If the officer, on such inspection, or on the basis of report
made under sub-section (3) of'section 16 is of the opinion
that any lift or escalator in any building is in unsafse 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
t~ be discontinued until such 'repairs or alterations are made
or such unsafe condition is removed. Th~ owner 'or, as the case
may he, hisagent shall thereupon comply with the order within
the period specified therein and shall forthwith report 10
writing to the officer of having so complied with.
11. ( 1) 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 thedate ofsuch order, appeal to the State Government.
(2) Any person aggrieved by an order of the officer made
und~r sub-section (2) . of section 10, may within thirty days
from the date of such order, appeal to the Chief Inspector.
(3) Any person aggrieved by an order of the ChiefInspector made
under sub-section (2),· may within thirty days from the date
of such order, appeal to the State Government.
THE ASSAM GAZETTE, EXTRAORDINARY, MARCH 10, 2006 339
Owner to give
facilities for
inspection
(4) All appellate authority may pass such order on appeal as it
deems just and proper.
(5) 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 shalt be final and
shall not be called in question in any court .
(6) 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.. ,
12. Theowner 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
allreasonable facilities to the officer or a person authorized 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 authorized under section 13
for the work of erection or maintenance of a lift or an escalator) or a
representative of such person who iscompetent to assist the officer
in inspecting the lift or an escalator.
Erection, addition or 13. ( I )
alteration work of
lift installation to b ·e
entrusted to competent
persons.
No owner erecting, adding to or altering a lift installation, shall
entrust the work to any person unlessduly authorized by the
Chieflnspector for the purpose of carrying out erection,
maintenance, inspection and test of lift or escalator.
Report of accident
(2) The manner, terms and conditions and the fees for authorization
under sub-section (1) shall be such as may be prescribed.
(3) No person shall be authorized under sub-section ( I) unless
he fulfils qualifications and such other requirements as may
be prescribed .
14. (1) 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 sub-section (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
340 THE ASS AM GAZETTE, EXTRAORDINARY, MARCH 10. 2UU6
acci de nt to th e I nspe ctor, the Superintendent of Police of
the conce rned area and to the District Magistrate or such other
officer as the State Government may, by order specify and the
lift or escalator installat ion shall not be interfered with in any
manne r and the working of such Ii ft or escalator shall not be
res umed except, with the written permission of the officer
autho rized in this behalf by the State Government.
(2) For the purposes of sub-section (] ), the owner of every building
in whi ch 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 resi dent in the town or village in which the
buil ding is situated) appointed by the owner, shall give notice
ofany accident occurring in the operation of the lift or escalator .
(3) The name ofevery agent appointed under sub-section (2) shall
be communicated i n writing to the Inspector .
(4) The State Government may authorize the Inspector or any other
competent person appointed in this behalf, to inquire and report-
(a) as to the cause of any acci dent affecting the safety of
the pe rson s which may have been occasioned by, or in
connec tion with, the lift or escalator installation ; or
(b) a s to the manner in, and e xtent to which the provisions
of this Act or the rules made hereunder so far as those
provisions affect the safety of any person have been
complied with .
(5) Eve ry Inspector or other person holding an inquiry under
sub-sect ion (4) shall have all the powers ofa Civil Court under
the Code of Civil Procedure, 1908 (Act V.of 1908) for the
purpose of enforcing thc attendance of witness and compel Iing
the product ion 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, 1860 (Act XLV of 1860).
THE ASSAM GAZETTE. EXTRAORDINARY, .MARCH 10. 2006 341
Appointment of 15. (I )
Chief Inspector and
lnspector(s) of lifts
and escalators
The State Government may,by notification in the Official Gazette,
appoint persons duly qualified as Electrical Inspector under
the Electricity Act, 2003 (Act NO.36 of 2003), to be -
(a) The Chieflnspector oflifts and escalators ;
(b) The Inspector of lifts and escalators .
Inspection and
charges of fees
(2) 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 .
(3) 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.
(4) The State Government may,by notification inthe Official Gazette,
appoint persons duly quali lied to assist an Electrical Inspector
under the Electricity Act, 2003 (Act No.36 of 2003) to be
the Assistant Inspector of lifts and escalators.
16. (I) Every lift or-escalator -
(a) shall be inspected by the officer authorised in this behalf
by the State Government -
(i) before the grant of a license under section 4; and
(ii) in everythree years from the date ofgrant of license;
(b) may be inspected by such officer to check up compliance
with the order made under sub-section (2) of section 10 ,
if necessary ,
(2) Notwithstanding anything contained in sub-section (1) , the
owner ofa building in which a lift or an escalator is installed ,
shall get h is lift or escalator inspected and tested by a person
authorized under section 13 at an interval of every six months
from the date of grant of Iicense under section 4 and shall
submit such inspection and test report to the Chief Inspector .
(3) The officer authorised under clause (a) of sub-section (I) 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 .
(4) The fee as may be prescri bed shal I be paid by the owner of the
building in which the lift or escalator is installed for each
inspection under sub-section (1) 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 .
342 THE ASSAM GAZETTE, EXTRAORDINARY, MARCH io. lUUb
( 5) Where the owner or any person liab le to pay fee under this
section doe s not pay the same ~ithin the prescribed period ,
there shall be paid by such owner for the period commencing
immed iately after the prescribed period and ending on the date
of payment of fees, simple interest at the rate of twenty-four
percent per annum on the amount of fees not so paid.
Recover y of fees etc.
Penalty
Offences by
com parues
t 7. All sums payable as fees or interest under this Act shall he recoverable
as arrears of land revenue.
18. Whoever contravenes any of the provisions of th is Act, rules or the
conditions of a license or a direction given by the Chief Inspector
under th is Act or the rules shall , on convict ion , be punishable with
fine not exce eding five thousand rupees and, in the case ofcontinu ing
contravention, with an additional fine which may extend to one hundred
rupees for every day during which such contr avention continues after
conviction for the first such contravention .
t 9. .( I ) Where an offence under thisAct has been committedbya company,
every person who at the time the offence was committed, was
in-charge ofand was respons ible to, the company for the conduct
of the business of the company , as well as the company, shall
be deemed to be gu ilty of the offence and shall be liable to be
proceeded aga inst and punished accordingly :
Provided that nothing contained in this sub-sect ion shall
rende r any such person liable to any punishment provided in
this Act, ifhe proves that the offence was comm itted without
his knowledge arid that he exercised all due diligence to prevent
the commission of such offence .
(2) Notwithstanding anything contained in sub-section (I), where
an offence under this Act has been committed by a company
and it is pro ved that the offence has been committed with the
consent or connivance of or is attr ibutable to any neglect on
the part of any director , manager , secretary , or other officer
of the company , such director , manager , secretary , or other
officer shall also be deemed to be g uilty of that offence and
. shall be liableto beproceededagainst and punishedaccordingly.
Explanation. - For the purpose of this section -.
(a) "Company" means any body corporate and incl udes a
firm or other association of individuals and;
(b) "Director" in relation to afirm, means a partner in the finn.
THE ASSAM GAZETTE, EXTRAORDINARY, MARCH 10, 2006 343
Cognizance of
offences
20. No court shall take cognizance of any offence under this Act except
with the previous sanction ofthe Chief Inspector or the State Government.
Service of notices, 21.
orders or documents
I) Every notice, order or documen t by order under this Act
required or authorized to be addressed to any person may be
served by post or left, -
(a) where a local authority is the addressee, at the office
of the local authority .
(b) where a company is the addressee, at the registered
office of the company not being in India , at the head
office of the company ill India.
(c) where any other person is the addressee , at the usual
or last known place of abode or business of the person .
I.
Protection for 22.
action done in
good faith
Lift installed by the 23.
Governmen t
(2) Every notice, order or document by or under this Act required or
authorized 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 it or a
true copy, thereof, to some person on the premises or, if there
is nopersonon the premisesto 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 officer for anything which is in good faith done, or
intended to be done under this Act or the rules or orders madethereunder.
In the application of the provisions of th is Act to lifts or escalators
installed by the Government, the provisions of this Act shall be deemed
to have been adopted or modified to the extent specified below :-
1) In section 5, in sub-section (1), for the words "every owner" shall
he substitutedby the words "every Government Officer-in-charge".
2) In section 14, in sub-section (2), -
(i) for the words beginning with the words "the owner of
everybuilding"andendingwiththe words "in such building",
the following shall be substituted, namely -
"for every building in which a lift or an escalator has
been installed by Government , the Government or" :
(ii) for the words "appointed by the owner" the words
"appointed by the Government" shall be substituted.
344 THE ASSAM GAZETTE. EXTRAORDINARY, MARCH 10, 2006
3) In section 21, in sub-section (1), for clause (a), the following
shall be substituted, namely : --
"(a) where Government is the addressee, at the office of the
agent appointed by Government under sub-section (2)
of section 14".
Power to make rules 24 , (I) The State Government may , by notification in the Official
Gazette, make rules to carry out the purposes of this Act.
(2) 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-
(a ) the specifications for lifts and escalators ;
(b) the manner in which erection plans of lifts and
escalators shall be submitted :
(c) the manner in which the lifts and escalators may be tested ;
(d) the form of application for permission to erect a lift or
escalator under sub-section (I) of section 3;
(e) details o&the construction of the overhead arrangement
with the weights and sizes of the beams under item (i)
of sub-section (I) of section 3;
(f) other particulars which the application for permission
to erect a liftor an escalator shall speci fyunder item (p)
of sub-section (I) of section 3;
tg) the form in which an applr catiou for license be made
and the fee which shall accompany such application
under sub-section (2) of section 4;
(h) the form in which and the terms and conditions on which
the license may be granted for the working ofa lin or
an escalator under sub -section (4) of section 4;
( i) the form in which an application for renewal oflieensc
shall be made and the fee which shall accompany such
application under sub-section (2) of section 6;
(j) the form of notice to be given under sub-section ( I) of
section 10;
THE ASSAM GAZETTE, EXTRAORDINARY, MARCH 10, 2006 345
Affect on Electricity 25.
Act, 2003
(I\.) theform inwhichanapplicationtorobtainingauthorisation
shall be made and the fee and the particulars which shall
accompany such application under sub-section (2)
of Section 13;
(I) the qualification and other requirements for obtaining
authorisation under sub-section (3) of section 13;
[rn] the form and the manner in which notice of accident
shall be given under sub-section (1) of section 14;
(n) 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;
(0) Any other matter which is to be, or may be prescribed.
(3) All rules made by the State Government under this Act shall,
as soon as may be after they are made, be laid before the State
I.egislative Assembly whileit is ill session, for a total period
of not less than fourteen days which may be comprised in one
session or two or more successive sessions, and shall, unless
some later date is appointed ; take effet from the date of their
publication in the Official Gazette subject to such modifications
or annulments as the Legislative Assembly may, during the said
period agree to make, so however, that any such modification
or annulment shall be without prejudice to the validity of
unvthing previously done tbcreundcr
Nothing contained in this Act shall affect the provisions of the
ElectricityAct, 2003 (Act No.36 of2oo3) or any rules made thereunder.
M.KDEKA ,
Commissi oner& Secretaryto theGovt.of Assam,
Legislative Department.
GUWAHATI- Printed & Published by the Dy. Director (P&S), Directorate ofPtg. & Sty., Assam,
Guwahati-21,(Ex-Gazette) No. 121-500-600-10-3-2006 .

‹ Prev All Assam acts Next ›