The Kerala Lifts and Escalators Act, 2013

[Translation in English of the “ 2013-ലലെ കകേരള ലെലിഫഫ്റ്റുകേളഫ്റ്റുളും എസസ് കേകലെറ്ററഫ്റ്റുകേളഫ്റ്റുളും
ആകസ്" published under the authority of the Governor.]
ACT 18 OF 2013
THE KERALA LIFTS AND ESCALATORS ACT, 2013 *
An Act to provide for the regulation of the erection, maintenance and safe working of
Lifts and Escalators and all machinery and apparatus pertaining thereto in the
State of Kerala and for matters connected therewith or incidental thereto.
Preamble.—WHEREAS, it is expedient to provide for the regulation of the erection,
maintenance and safe working of Lifts and Escalators and all machinery and apparatus
pertaining thereto in the State of Kerala and for matters connected therewith or
incidental thereto;
BE it enacted in the Sixty-fourth Year of the Republic of India as follows:—
1. Short title and commencement.—(1) This Act may be called the Kerala Lifts and
Escalators Act, 2013.
(2) It shall be deemed to have come into force on the 1st day of March, 2012.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a)  "escalator"  means a power driven continuous moving stairway used for
transporting passengers  up and down in short inclined  distances  and includes  a
travelator;
Explanation.—For the purpose of this clause, "power" means electrical energy
or any other forms of energy which is mechanically transmitted and is not generated
by human or animal energy;
(b)  "escalator installation"  includes the escalator, the track, the trusses or
girders, the balustrade, the step treads and landings and all chains, wires and plant,
directly connected with the operation of the escalator;
(c) “Government” means Government of Kerala;
* Received the assent of the Governor on the 22nd day of April, 2013 and published in the Kerala Gazette Extraordinary 
No. 1142 dated 24th April, 2013.
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(d) "Inspector" means the Electrical Inspector appointed by State Government
under sub-section (1) of section 162 of the Electricity Act, 2003 (Central Act 36 of
2003), who has territorial jurisdiction over the place of installation of a lift or
escalator;
(e) "licence" means licence granted under section 4;
(f) "lift" means a hoisting mechanism designed to carry passengers or goods or
both and equipped with a car which move in a substantial vertical direction and is
worked by power, but does not include a hoist or lift to which the Factories Act, 1948
(Central Act LXIII of 1948) applies;
Explanation:—For the purpose of this clause, "power" means electrical energy or
any other forms of energy which is mechanically transmitted and is not generated by
human or animal energy;
(g) "lift car" means the cage or car of a lift and includes the floor or platform,
car frame slings and enclosing body work;
(h) "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.
(i) "prescribed" means prescribed by rules made under this Act;
(j) "Rules" means rules made under this Act;
(k) "owner" includes,—
(i) a lessee,
(ii) a licensee,
(iii) 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, secretary or by any other name
whatsoever.
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3. Permission to erect lifts and escalators .—(1) No owner of a place shall, on and
after the commencement of this Act, erect a lift or escalator in such place except
under, and in accordance with a permission granted under this Act.
(2) Every application for permission to erect a lift or escalator shall be made
in  writing  to  the  Inspector  in  such  form  and  specifying  such  particulars  and
accompanied by such fees as may be prescribed.
(3) On receipt of an application under sub-section (2), the Inspector may, after
making such enquiry as he deems necessary, either grant or refuse to grant permission.
Every permission granted shall be in such form and subject to such terms and
conditions as may be prescribed and shall be valid for a period of one year from the
date on which it is granted:
Provided that in case a lift or escalator is not erected within the specified
period, the period for permission to erect the lift or escalator may be extended for one
more year on an application stating sufficient reasons.
(4) Every owner of a place who is granted permission under sub-section (3)
shall, within one month after the completion of the erection of such lift or escalator,
send a report of completion to the Inspector in such form as may be prescribed.
(5) Where the Inspector refuses to grant permission under sub-section (3), he
shall give reasons in writing for such refusal.
4. Licence for working lifts and escalators. —(1) No owner of a place shall work
or cause to be worked or allow the working of any lift or escalator in such place
except under and in accordance with a licence.
(2) Every application for a licence under sub-section (1) shall be made to the
Inspector in such form and shall be accompanied by such fees as may be prescribed.
(3) On receipt of an application under sub-section (2), the Inspector, after
making such inspection and enquiry as he deems necessary, may, either grant or refuse
the licence.
(4) Every licence granted under sub-section (3), shall be in such form and
subject to such terms and conditions as may be prescribed.
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1[(5) Every licence granted under sub-section (3), shall be valid for a period of
three years from the date on which it is granted and shall be renewed thereafter
annually after an inspection and on payment of such fees as may be prescribed.]
2[(5A) Electrical Inspector may, conduct an inspection every year and during the
inspection any violation of any of the provisions of Act, rules or any of the terms and
conditions of the licence is noticed, he shall have the power to proceed under section 7
of the Act.]
(6) Where the Inspector refuses to grant licence under sub-section (3), he shall
give reasons in writing for such refusal.
5.  Provision in respect of existing lifts and escalators .—(1) Notwithstanding
anything contained in this Act but subject to the provisions of sub-section (2), every
owner of a place in which a lift or escalator has been erected and is being worked
immediately before the commencement of this Act, may continue the working of such
lift or escalator at such place.
(2) Every person entitled to continue the working of a lift or escalator under
sub-section (1), shall not continue the working of such lift or escalator after such
period as may be prescribed, unless he obtains a licence under section 4 in respect of
such lift or escalator.
(3) Every application for a licence under sub-section (2), shall be in such form
and shall be accompanied by such fees, as may be prescribed.
6. Renewal.—(1) Every application for the renewal of a licence granted under this
Act shall be made not less than three months before the date of expiry of the period of
such licence.
(2) The provisions of the Act shall, as far as may be, apply in relation to the
renewal of a licence as they apply in relation to the grant of a licence under section 4.
7. Power to cancel or suspend licence .—(1) The Inspector may, after giving the
holder of a licence an opportunity of being heard, cancel or suspend the licence if he
has any reasonable cause to believe,—
1. Substituted by Act 14 of 2018. 
2. Inserted by Act 14 of 2018.
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(i) that such licence has been obtained by misrepresentation or fraud; or
(ii) that the licensee has contravened or failed to comply with any of the
provisions of this Act or the rules made thereunder or any of the terms and conditions
of the licence; or
(iii) that the licensee has contravened or failed to comply with, an order
passed under this Act or the rules made thereunder; or
(iv) that the lift or escalator, as the case may be, can no longer be safely
worked for the purpose, for which the licence was granted:
Provided that the Inspector may, if he is satisfied that any licence granted under
this Act is liable to be cancelled, pending cancellation of the licence and for reasons to
be recorded in writing, suspend any licence.
(2) The Inspector may, either suo motu or on an application, review any order
passed under sub-section (1),—
(i) on the basis of a mistake or error apparent on the face of the record; or
(ii) on the basis of new facts brought to his notice after the order was
made; or
(iii) for any other sufficient reasons:
Provided that the Inspector shall not pass  an order under this  sub-section
prejudicial to any person unless such person has been given a reasonable opportunity of
being heard.
8.  Addition to or alteration of lift and escalator installation .—No addition or
alteration, 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 the Inspector.
9. Erection, addition or alteration work of lift and escalator installation to be
entrusted to competent persons .—No owner, erecting, adding to or altering a lift or
escalator installation, shall entrust the work to any person other than the manufacturer
of such lift or escalator or to a company of Electrical and Mechanical Engineers
approved by the Inspector.
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10. Power of entry.—(1) The Inspector or any person appointed under sub-section
(1) of section 14 to assist him may, at any time after giving reasonable notice to the
owner, enter upon any place in which a lift or escalator is erected or is being worked
or in connection with which an application for a permission under section 3 or a
licence under section 4 has been received, for the purpose of inspecting the site, the
erection of lift or escalator installation, as the case may be. The person appointed
under section 14 to assist the Inspector shall, after making such inspection, send a
report regarding the condition of the lift or escalator installation inspected, to the
Inspector for taking action under this Act.
(2) If on such inspection the Inspector is satisfied that any lift or escalator
installation in any place is in an unsafe condition, he may, by order in writing, direct
the owner of the place to carry out such repairs or alterations to such lift or escalator
as he may deem necessary, within such time as may be specified therein and may if
necessary, also direct that the working of such lift or escalator be discontinued until
such repairs or alterations, as specified in the order, are made. The owner shall
thereupon comply with any such direction within the period specified therein and shall
forthwith report in writing to Inspector, his compliance with such direction.
11. Appeal.—(1) Any person aggrieved by the refusal of permission to erect a lift
or escalator under sub-section (5) of section 3 or by the refusal of application for
licence under sub-section (6) of section 4 or by an order issued under sub-section (2) of
section 10, may prefer an appeal before the appellate authority as may be prescribed in
such form, manner and within such time as may be prescribed.
(2) Any direction for the discontinuance of the working of a lift or escalator
under sub-section (2) of section 10 shall be complied with until such direction is stayed
by the appellate authority.
12.  Owner to give facilities for inspection .—Every owner of a place which is
entered upon in pursuance of sub-section (1) of section 10 by the Inspector or the
person appointed under section 14 shall afford every reasonable facility to such
Inspector or person to perform any function which such Inspector or person is
authorised under that section to perform and shall, at his own cost, procure at such
inspection, the attendance of the person, if any, to whom the work of erection,
addition, alteration or maintenances of the lift or escalator installation has been
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entrusted or a representative of such person, as the case may be, who is competent to
guide the Inspector or the person, in the inspection.
13. Report of accidents.—Where any accident occurs in the working of any lift or
escalator which results in or is likely to result in loss of life or injury, the owner of
the place or installation shall, as soon as may be, after such accident, give notice of
the occurrence and of any such loss or injury together with full details of accident in
such form as may be prescribed, to the Inspector and the Station House Officer of the
Police Station have jurisdiction over the place and also to the District Magistrate or
such other Officer as the Government may by order specify in this behalf and the lift
or escalator installation shall not be interfered with in any way and the working of
such lift or escalator shall not be resumed except with the written permission of the
Inspector.
14. Persons to assist the Inspector.—(1) The Government may appoint such number
of technical and other persons, as may be necessary and possessing such qualifications
as may be prescribed, to assist the Inspector.
(2) The powers and functions and other terms and conditions of service of
persons appointed under sub-section (1) shall be such as may be prescribed.
15. Penalty.—Whoever contravenes any of the provisions of this Act or the rules
made thereunder or the terms and conditions of a permission or of a licence or a
direction given by the Inspector or any person appointed under section 14 to assist him,
shall on conviction be punishable with a fine of five thousand rupees which may
extend to ten thousand rupees and in case of continuing contravention, with a further
fine which may extend to five hundred rupees for every day during which such
contravention is continued after such conviction and in case such contravention is being
continued even after thirty days be punished with imprisonment for a period which
may extend to three months.
16. Offences by Companies.—(1) Where an offence punishable 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.
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(2) Notwithstanding anything contained in sub-section (1), where any offence
under this Act has been committed by a company and it is proved that the offence 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 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 guilty of that offence and shall
be liable to be proceeded against and punished accordingly.
Explanation:—For the purposes of this section,—
(a)  "company"  means  any body corporate and includes  a firm,  or other
associations of individuals; and
(b) "director" in relation to a firm, means a partner in the firm.
17.  Cognizance of offences. —No court shall take cognizance of any offence
punishable under this Act except upon a complaint made by the Inspector having
jurisdiction, within three months from the date of commission of the offence came to
the knowledge of the Inspector.
18.  Service of notices, order or documents .—(1) Every notice, order or other
document required or authorised to be addressed by or under this Act shall be deemed
to be properly addressed to the owner of the place (naming the place) and 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 or, in the event of the registered office of the company not being in India, at
the principal place of business of the company in India; and
(c) where any other person is the addressee, at the usual or last known
place of abode or business of the person.
19. Protection of action taken in good faith .—No suit, prosecution or other legal
proceedings shall lie against any person for anything which is done in good faith or
intended to be done by or under this Act.
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20. Power to remove difficulties .—If any difficulty arises in giving effect to the
provisions of this Act, the Government may, by an order published in the Gazette, make
such provisions not inconsistent with the provisions of this Act, as appear to them to
be necessary or expedient for removing the difficulty.
21.  Saving.—Nothing contained in this Act shall affect the provisions of the
Electricity Act, 2003 (Central Act 36 of 2003).
22.  Power to make rules. —(1) The Government may, by notification in the
Gazette, make rules either prospectively or retrospectively for the purpose of carrying
into effect the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing
power, such rules may provide for all or any of the following matters, namely:—
(a) specifications for lift and escalators;
(b) the manner in which erection plans of lifts and escalators shall be
submitted;
(c) the manner in which lifts and escalators may be tested;
(d) the form of application for permission for the erection of lift and
escalators and a licence for working such lifts and escalators;
(e) the form of report of completion to be sent under sub-section (4) of
section 3;
(f) the terms and conditions and restrictions subject to which and the form
in which the licence may be granted for the working of lifts and escalators and the
fees to be paid in respect of such licence;
(g) the manner in which and the terms subject to which the lifts and
escalators shall be worked;
(h) the manner in which notice of accidents shall be given;
(i) the form of notice of accidents to be given under section 13;
(j) the form and manner to file appeal; and
(k) any other matter which is to be, or may be prescribed.
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23. Rules to be placed before the Legislative Assembly .—Every rule made under
this Act shall be laid, as soon as may be after it is made, before the Legislative
Assembly while it is in session for a total period of fourteen days which may be
comprised in one session or in two successive sessions, and if, before the expiry of the
session in which it is so laid or the session immediately following, the Legislative
Assembly makes any modification in the rule or decides that the rule should not be
made, the rule shall thereafter have effect only in such modified 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 validity of anything previously done under that rule.
24. Repeal and saving.—(1) The Kerala Lifts and Escalators Ordinance, 2013 (20 of
2013) is hereby repealed.
(2) Notwithstanding such repeal, anything done or deemed to have been done
or any action taken or deemed to have been taken under the said Ordinance, shall be
deemed to have been done or taken under this Act:
Provided that no person shall be convicted of an offence alleged to have
committed under the provision of this Act during the period from 23rd July, 2012 to
21st August, 2012, the date of publication of the Kerala Lifts and Escalators Ordinance,
2012 (51 of 2012) in the Gazette.

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