LexThe Haryana Lifts and Escalators Act, 2008 (27 of 2008)
Haryana · state statute
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PART I
HARYANA GOVERNMENT
LEGISLATIVE DEPARTMENT
Notification
The 8th August, 2008
No. Leg. 29/2008.- The following Act of the Legislature of the State of
Haryana received the assent of the Governor of Haryana on the 30 th April,2008, and is
hereby published for general information:-
HARYANA ACT NO. 27 OF 2008
THE HARYANA LIFTS AND ESCALATORS ACT, 2008
AN
ACT
to provide for the regulatio n of the construction, inst allation, maintenance and safe
working of lifts and escalators and all machinery and apparatus pertaining thereto in
the State of Haryana.
Be it enacted by the Legislature of the State of Haryana in the Fifty-ninth Year
of the Republic of India as follows:-
Short title,
extent and
commencement.
Definitions.
1. (1) This Act may be called the Haryana Lifts and Escalators Act,
2008.
(2) It extends to the whole of the State of Haryana.
(3) It shall come into force on such date, as the Government
may, by notification in the Official Gazette, appoint.
2. In this Act, unless the context otherwise requires,-
(a) “automatic rescue device” means a device which, in case of
power failure in the building, enable s the lift to land and stop at
the nearest landing floor and open the landing and lift cage doors
simultaneously;
(b) “escalator” means a moving inclin ed continuous stairway or
runway used for raising or lowering passengers, which is worked
by power;
(c) “Government ” means the Government of the State of Haryana;
(d) “Inspector” means an officer appointed under section 3 by the
Government and also includes Chief Inspector;
(e) “lift” means a hoisting and lowering mechanism equipped with a
cage which moves in an upward an d downward direction, and is
worked by power and is designed or is actually used to carry
passengers or goods or both;
(f) “lift cage” means the car or cage of a lift used for the
conveyance of passengers or goods or both;
(g) “lift installation” includes the lif t cage, the lift way, the lift way
enclosure, and the operating mechan ism of the lift and all ropes,
cables, wires, safety provisions and plant and machinery
connected with the operation of the lift;
(h) “lift way” means the shaft or hoist way in which the lift cage
travels;
(i) “lift way enclosure” includes any substantial structure
surrounding or enclosing the lift way;
(j) “owner” means the owner or occ upier or office bearer of a
society or association, or a tena nt, of the whole or part of a
premises, who has applied for registration;
(k) “passenger” means any person who uses the lift or escalator for
the purpose of his conveyance;
Explanation.- For the purpose of this clause a lift operator
shall also be deemed to be a passenger;
(l) “power” includes electrical, hydraulic, pneumatic or mechanical
power, etc. or a combination of any of these;
Appointment of
officers and
officials.
Registration.
Automatic
rescue device.
Alternate power
supply system.
Inspection.
Code of
practice.
(m) “premises” means any structure, whether temporary or
permanent, where a lift or escalator is installed;
(n) “prescribed” means prescribed by rules made under this Act;
(o) “registration” means assignment of a number to a lift or escalator
by the Inspector under section 4;
(p) “section” means a section of this Act;
(q) “State” means the State of Haryana.
3. (1) The Gove rnment shall, by notification in the Official Gazette,
appoint a Chief Inspector Lifts and Escalators, and as many Inspectors
Lifts and Escalators and other officers and officials, as may be necessary,
having such qualifications as may be prescribed, for the purpose of
performing the functions assigned to them by or under this Act.
(2) The Chief Inspector Lifts and Escalators shall have general
superintendence and control over the Inspectors Lifts and Escalators and
other officers and officials in the State and may issue necessary directions
for carrying out the purpose of this Act.
4. (1) Every owner shall, within a period of one month after the
completion of the erection of a lift or escalator, apply for registration for
such lift or escalator, in such form and manner along with such fee as may
be prescribed. The fee shall be non-refundable.
(2) On receipt of an application, complete in all respects, the
Inspector shall register the lift or es calator, by assigning a number to it
within a period of thirty days.
(3) Every owner of a lif t or escalator, shall submit every year a
copy of the annual lift or escalator maintenance contract or any other
arrangement made for maintenance of lifts and escalators to the Inspector
in token of having the contract or arrangement made with any lift or
escalator maintenance company for the smooth and safe running of the lift
or escalator.
(4) Every owner of a li ft or escalator, shall also furnish an annual
safety certificate in such form and manner as may be prescribed for the
smooth and safe running of the lift or escalator.
5. The owner shall make arrangement to provide for an automatic rescue
device to rescue the travelling passengers trapped in the lift in the event of
breakdown of power supply by bringing and stopping the lift at the
nearest landing floor and keeping the landing and lift cage doors open.
6. The owner shall make arrangeme nts to provide for alternative
automatic power supply system to ensure the functioning of the lift in the
event of breakdown of power supply within a period of ten seconds.
7. Every lift and escalator which has been registered shall be inspected
once in a period of three years by the Inspector or by an officer or an
agency authorized by the Government in this behalf. A fee as may be
prescribed shall be charged for such inspection, in addition to any other
electrical installation testing fees.
8. (1) Save as otherwise provi ded in this Act, th e relevant code of
practice of the Bureau of Indian Standards (including National Building
Code and National Electrica l Code), if any, may be followed to carry out
the purposes of this Act and in the event of any inconsistency, the
provisions of this Act and the rules made thereunder shall prevail.
(2) The material and apparatus used shall conform to the relevant
Registration of
existing lifts
and escalators.
Right to enter
any building for
inspection.
Lifts or
escalators in an
unsafe
condition.
Sealing.
Insurance.
Log book and
reporting.
Concurrent
liability.
Intimation
specifications of the Bureau of Indian Standards where such
specifications have already been laid down.
(3) The number of lifts or escalators to be installed in a premises
and the spacing between them shall be governed as per the relevant code
of practice of Bureau of Indian Standards and the National Building Code.
9. (1) Notwith standing anything contained in section 4, every owner
who has installed a lift or an escalator in premises before the date of the
commencement of this Act shall, w ithin a period of two months from
such commencement, apply for a registration of such lift or escalator.
(2) The provisions of s ub-sections (2), (3) and (4) of section 4
shall, apply to such application.
10. An Inspector at all reasonable hour s, with such assistants, if any,
being persons in the service of the Government, as he thinks fit, may enter
any premises in which a lift or an escalator is installed or in connection
with which an application for registration has been received, for the
purpose of inspecting the lift or escalato r or their installation or the site
thereof.
11. If, upon an inspection, as is carried out under section 7, the
Inspector finds that any lift or escalator in any building is in an unsafe
condition, he may direct the owner requi ring such repairs or alterations to
be made to such lift or escalators, as he may deem necessary, within the
period specified by him and may also order the use of such lift or
escalator to be discontinued until such repairs or alterations are carried
out or such unsafe condition is removed to his satisfaction.
12. (1) Any lift or escalato r in respect of whic h a direction issued
under section 11 has not been carried out to the satisfaction of the
Inspector, such lift or escalator, in ca se the same is found being used may
be ordered to be sealed by the Inspector.
(2) An appeal against an order under su b-section (1) shall lie
to the Secretary to Government, Haryana, Power Department, whose
decision shall be final.
13. The owner shall, after the completion of the erection of such lift or
escalator, ensure third party insurance mandatory so as to cover the risk of
passengers using such lift or escalators.
14. (1) The owner shall, maintain a log book for each lift and escalator
and enter therein the details of opera tion, break-down (other than failure
in electrical supply) and accident , if any. These log books may be
inspected by the Inspector as and when he so desires.
(2) Whenever any accident occurs in the process of operation of
any lift or escalator causing injury to any person, the owner shall, within a
period of twenty-four hours of the acci dent, give intimation with full
details of accident, in such form as may be prescribed, to the Inspector.
The working of such lift or escalator , shall not be resumed except, with
the written permission of the Inspector.
15. The lift or es calator erection or maintenance company, as the case
may be, may also be prosecuted and held liable for punishment under this
Act in case an accident occurs in the lift or escalator, due to
malfunctioning of any of the safety pr ovisions of the lift or escalator, if
attributable to such lift or escalator erection or maintenance company.
16. If any buildin g where lift or escalator is installed or any lift or
about closure.
Life span.
Power to relax.
Delegation of
powers.
Penalty.
Cognizance of
offence.
Protection for
action taken in
good faith.
escalator installed in a building gets decommissioned, an intimation about
this shall be given by th e owner to the Inspector within a period of three
months.
17. A lift or escalator installe d in the premises sh all be replaced by
the owner of the lift or escalator, afte r the period of twenty years of its
installation. Such replacem ent shall be completed within the twenty-first
year of the installation of the lift or escalator, and the owner shall apply
for a fresh registration under section 4.
18. The Government may, by order in writing, direct that any of the
provisions of this Act or the rules made thereunder shall be relaxed
subject to such conditions as it may deem fit.
19. The Government may, delegate a ny of its powers conferred on it by
or under this Act, to such officer as it may deem fit.
20. Whoever contravenes any of the provisions of this Act, or the rules
made thereunder shall, on convicti on be punishable with imprisonment
for a term which may extend to three months, or with fine which may
extend to fifty thousand rupees, or with both, and in the case of a
continuing contravention with an additional fine which may extend to one
thousand rupees for every day during which such contravention continues
after conviction for the first such contravention.
21. No Court shall take cognizance of any offence under this Act except
on a complaint made by the Inspector.
22. No suit, prosecution or other legal proceedings shall lie against any
person in respect of anything which is in good faith done or intended to be
done in pursuance of the provisions of this Act or of the rules made
thereunder.
Power to make
rules.
23. (1) The Government shall, from time to time, 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 qualifications for appointment of Chief Inspector
Lifts and Escalators, Insp ectors and other officers
and officials under section 3;
(b) the types of lifts and es calators covered under the
purview of this Act;
(c) the manner in which a lift or escalator may be
tested;
(d) the form and manner for making application for
registration under sections 4 and 9;
(e) the fees for registration, inspection and for testing of
any electrical installation, etc.;
(f) the form and manner for issuing annual safety
certificate under section 4;
(g) the terms and conditions subject to which and the
form in which the registration may be granted;
(h) the manner in which and the terms subject to which
a lift or escalator shall be installed;
(i) the form and manner in which intimation of accident
shall be given under section 14;
Savings.
(j) any other matter which may be or is required to be
prescribed under this Act.
(3) Every rule made under this Act sha ll be laid, as soon as
may be, after it is made, before the House of the State Legislature, while
it is in session, if the House agrees in making any modification in the rule
or the House agrees that the rule should not be made, the rule shall
thereafter have effect only in such m odified form, or be of no effect, as
the case may be; so, however, that any such modification or annulment
shall be without prejudice to the va lidity of anything previously done
under that rule.
24. Nothing contained in this Act shall affect the provisions of the
Electricity Act, 2003 (36 of 2003) or the rules made thereunder.
____________
M.S.SULLAR,
Secretary to Government, Haryana,
Legislative Department.