LexThe Himachal Pradesh Lifts Act, 2007
Himachal Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE HIMACHAL PRADESH LIFTS ACT, 2007
ARRANGEMENT OF SECTIONS
Sections:
1. Short title, extent and commencement.
2. Definitions.
3. Permission to erect a lift.
4. License to use a lift.
5. Applications for license in case of existing lifts.
6. Lift not to be operated without a license.
7. Right to enter any building for inspection of lifts and lift
installation.
8. Appeal.
9. Revision.
10. Report of accidents.
11. Inspection of lifts.
12. Cognizance of offence.
13. Penalty.
14. Delegation of powers.
15. Power to make rules.
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THE HIMACHAL PRADESH LIFTS ACT, 2007
(ACT NO. 22 OF 2007) 1
(Received the assent of the Governor on the 29 th September, 2007 and
was published both in Hindi and English in the Rajp atra, Himachal Pradesh,
dated 6 th October, 2007, pp. 6463-6478)
An Act to provide for the regulation of the construction, maintenance and
safe working of lifts, machinery and apparatus pert aining thereto
in the State of Himachal Pradesh and matters connec ted
therewith or incidental thereto.
B
E it enacted by the Legislative Assembly of Himachal Pradesh in the
Fifty-eighth Year of the Republic of India as follows:-
1. Short title, extent and commencement .- (1) This Act may be
called the Himachal Pradesh Lifts Act, 2007.
1. Passed in Hindi by the Himachal Pradesh Vidhan S abha. For Statement of
Objects and reasons see the Rajpatra, Himachal Prad esh (Extra-ordinary), dated
30 th August, 2007. pp. 4586 and 4596
2 THE HIMACHAL PRADESH LIFTS ACT, 2007
(2) It extends to the whole of the State of Himachal Pradesh.
(3) It shall come into force on such date as the St ate Government
may, by notification 1 in the Official Gazette, appoint.
2. Definitions .- In this Act, unless the context otherwise requires,-
(a) “Appellate Authority” means such authority as t he State
Government may, by notification publish in the Offi cial
Gazette, declare to be the Appellate Authority;
(b) “State Government” means the Government of Hima chal
Pradesh;
(c) “Inspector of Lifts” means an officer not belo w the rank of
Executive Engineer (Electrical), Himachal Pradesh P ublic
Works Department, appointed by the State Government;
(d) “license” means a license granted under this A ct;
(e) “lift” means a hoisting mechanism equipped wit h a cage
which moves in a substantially vertical direction, is worked
by power and is designed or is actually used to car ry
passengers;
Explanation .- For the purpose of this clause a lift operator
shall not be deemed to be a passenger.
(f) “lift cage” means the car or cage of a lift us ed for the
conveyance of passengers;
(g) “lift installation” includes the lift cage, th e lift way, the lift
way enclosure and the operating mechanism of the lift and all
ropes, cables, wires and plant directly connected w ith the
operation of the lift;
(h) “lift way” means the shaft in which the lift c age travels;
(i) “lift way enclosure” includes any permanent su bstantial
structure surrounding or enclosing the lift way;
(j) “notification” means a notification published under proper
authority in the Official Gazette;
(k) “Official Gazette” means the Rajpatra of Himac hal Pradesh;
(l) “power” means any form of energy which is not generated by
human or animal energy;
(m) “prescribed” means prescribed by rules made und er this Act;
and
(n) “Revisonal Authority” means Secretary, Public Works
Department to the Government of Himachal Pradesh.
1. Act came in to force from 28 th February, 2009 vide Not No. PBW (B) 3-1/2007,
dated 6th March, 2009, published in the Rajpatra, Himachal Pradesh, dated 6 th
March, 2009, p. 8135.
THE HIMACHAL PRADESH LIFTS ACT, 2007 3
3. Permission to erect a lift .- (1) Every owner of a place intending
to install a lift in such place shall make an appli cation to such officer as the
State Government may, by notification published in the Official Gazette,
authorize in this behalf, for permission in such fo rm as may be prescribed,
specifying:-
(i) the type of the lift;
(ii) the rated maximum speed of the lift;
(iii) the maker’s or designer’s rated capacity in weight;
(iv) The maximum number of passengers in addition to the lift
operator which the lift can carry;
(v) The total weight of the lift cage carrying the maximum load;
(vi) The weight of the counterweight;
(vii) The number, description, weight and size of the supporting
cables;
(viii) The depth of the pit from the lowest part of the cage when at
the lowest floor; and
(ix) such other particulars and details of the con struction of the
overhead arrangement; with the weight and sizes of the
beams as may be prescribed.
(2) On receipt of application under sub-section (1) , the officer
authorized in this behalf shall, after making such enquiry and requiring the
applicant to furnish such information as may be nec essary, forward the
application with his remarks to the Chief Engineer (Electrical) Himachal
Pradesh Public Works Department or to the officer a uthorized by him in this
behalf and thereupon he may either grant or refuse the permission.
(3) The permission granted under sub-section (2) sh all be valid for a
period of six months from the date on which it is granted.
4. License to use a lift.– (1) Every owner of a place who is permitted
to install a lift under section 3, shall, within one month after the completion of
the erection of such lift, deliver or send or cause to be delivered or sent to
such officer as the Chief Engineer (Electrical), Hi machal Pradesh Public
Works Department may authorize in this behalf, a no tice in writing of such
completion and shall make an application alongwith fee of Rs.750/- for grant
of a license for operating the lift:
Provided that no fee shall be required to be paid i f the lift belongs to
the State Government.
(2) An application for a license made under sub-section (1) shall be in
such form as may be prescribed.
(3) On receipt of application under sub-section (1) such officer after
making such enquiry as may be necessary forward the application with his
remarks to the Chief Engineer (Electrical),Himachal Pradesh Public Works
4 THE HIMACHAL PRADESH LIFTS ACT, 2007
Department or to the officer authorized by him in this behalf and thereupon he
may either grant or refuse the license.
5. Applications for license in case of existing lif ts.- (1)
Notwithstanding anything contained in sections 3 an d 4 every owner of a
place (except installation in State Government buil dings), in which a lift has
been installed before the commencement of this Act, shall, within two months
from the date of commencement of this Act, apply fo r a license for the
working of such lift.
(2) The provisions of sub-sections (2) and (3) of section 4 shall, so far
as may be, apply to such application and shall be s ubject to payment of fee of
Rs. 750/-.
6. Lift not to be operated without a licence.- Subject to such rules
as may be made in this behalf, no lift shall be wor ked except under and in
conformity with the terms of the license granted in respect of the same:
Provided that nothing in this section shall apply t o a lift already
installed on the date of the commencement of this A ct, for a period of two
months from such date or if an application for lice nse is made within that
period in accordance with the provision of section 5, until such application is
finally disposed of under the said section.
7. Right to enter any building for inspection of li fts and lift
installation.- (1) An officer not below the rank of Executive Engi neer
(Electrical) Himachal Pradesh Public Works Departme nt authorized by the
State Government in this behalf may, at any time af ter giving reasonable
notice to the occupant, enter upon any building in which a lift is installed or is
being installed or in connection with which an appl ication for a license has
been received, for the purpose of inspecting the li ft or the lift installation or
the site thereof.
(2) If on such inspection the Officer is of the opi nion that any lift in
any building is in an unsafe condition, he may issu e an order to the owner of
the building requiring such repairs or alterations to be made to such lift as he
may deem necessary within the time specified therei n and may also, if
necessary, order the use of such lift to be discont inued until such repairs or
alterations are made or such unsafe condition is removed.
8. Appeal .. (1) An appeal shall lie from the order issued under sub-
section (2) of section 7 to the Appellate Authority:
Provided that no appeal shall be entertained agains t any order unless
the appeal is filed within 15 days from the passing of such order:
Provided further that any appeal may be admitted af ter the expiry of
the period specified under this section, if the app ellant satisfies the Appellate
Authority that he has sufficient cause for not pref erring appeal within that
period.
(2) The Appellate Authority shall, within 15 days o f the filing of the
appeal, pass an order confirming or setting aside the order appealed against.
THE HIMACHAL PRADESH LIFTS ACT, 2007 5
9. Revision.- (1) Any person aggrieved by an order passed in app eal
by the Appellate Authority under section 8 may, wit hin 15 days of the
communication of such order, file revision petition before the Revisional
Authority against such order.
(2) The Revisional Authority shall, within 15 days of filing of
revision application against the order of the Appellate Authority, pass an order
confirming or setting aside the order of Appellate Authority:
Provided that no order shall be passed under this s ection which may
be prejudicial to any person without giving such pe rson a reasonable
opportunity of being heard.
10. Report of accidents .- (1) Where any accident occurs in the
operation of any lift resulting in injury to any person, either the injured person
or on his behalf any other person or the owner of the building in which the lift
is working or if such owner has appointed an agent and had communicated his
name to the Inspector of Lifts under sub-section (3 ), such agent shall, as soon
as may be, after such accident, give notice with fu ll details of the accident to
the Inspector of Lifts and also to the District Mag istrate and the working of
such lift shall not be resumed except with the written permission of the officer
authorized in this behalf by the Chief Engineer(Ele ctrical)Himachal Pradesh
Public Works Department.
(2) For the purpose of sub-section (1), the owner o f every building in
which a lift has been installed and if he does not reside in such building, shall
appoint an agent who shall be a resident of the tow n or village in which the
building is situated, to give notice of any acciden t occurring in the operation
of the lift.
(3) The name of every agent appointed under sub-sec tion (2) shall be
communicated to the Chief Engineer (Electrical) and the Superintending
Engineer (Electrical), Himachal Pradesh Public Works Department.
11. Inspection of Lifts .- (1) Every lift shall be inspected at least once
in six months by an officer authorized in this beha lf by the State Government
and annual fee of Rs.750/- shall be charged for suc h inspection (except lifts
installed and maintained by the State Government) a nd such fee shall include
the charges for the inspection of the motor.
(2) Whoever contravenes any of the provisions of su b-section (3) of
section 4,sub-section (2) of section 7 and sub-sect ion (1) of section 10 of the
Act or fails to perform the duties assigned under t hese sections shall be
punished with imprisonment of either description fo r a term which may
extend to two years or with fine or with both.
12. Cognizance of offence. - No court shall take cognizance of an
offence punishable under sub-section (2) of section 11 except on a complaint
in writing made by an officer authorized by the Sta te Government, by
notification in the Official Gazette.
13. Penalty.- Whoever contravenes any of the provisions of this A ct,
rules or conditions of a license or a direction giv en by the Chief Engineer
6 THE HIMACHAL PRADESH LIFTS ACT, 2007
(Electrical) or Superintending Engineer (Electrical ) Himachal Pradesh Public
Works Department, as the case may be, under this Ac t or the rules made
thereunder, shall, on conviction, be punishable wit h a fine which may extend
to five thousand rupees and in the case of a contin uing contravention with an
additional fine which may extend to five hundred ru pees for every day, with
maximum of forty five thousand rupees during which such contravention
continues after conviction for the first such contr avention and the license of
the lift shall be liable to be cancelled.
14. Delegation of the powers. - The State Government may delegate
all or any of the powers conferred on it by this Ac t to such officer as it may
think fit but not below the rank of Executive Engin eer (Electrical) Himachal
Pradesh Public Works Department.
15. Power to make rules.- (1) The State Government may, by
notification published in the Official Gazette, mak e rules to carry out the
purposes of this Act.
(2) In particular and without prejudice to the gene rality of the
foregoing provision, such rules may provide for all or any of the following
matters, namely:-
(a) Specifications for lifts;
(b) The manner in which erection plans of lifts sh all be
submitted;
(c ) The manner in which the lifts may be tested;
(d) The form of application for the erection of a lift or a license
for working the same;
(e) The terms and conditions subject to which and the form in
which the licenses may be granted for the working o f a lift
under section 6;
(f) The manner in which and the terms subject to w hich the lift
shall work under section 6;
(g) The manner in which notice of accidents shall be given and
the form of such notice;
(h) The form of notice to be given under section 7 ; and
(i) Any other matter which is required to be or ma y be prescribed
by the State Government.
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