LexThe Maharashtra Lifts Act.
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1939 : X] 1
THE MAHARASHTRA LIFTS ACT
[Text as on 17th July 2025]
_____________
CONTENTS
PREAMBLE.
SECTIONS.
1. Short title.
2. Extent and commencement.
3. Definitions.
4. Permission to erect a lift.
5. Licence to use a lift.
6. Applications for licence in case of existing lifts.
7. Lift not to be operated without a licence.
7A. Additions and alterations to the lift installation.
8. (1) Right to enter any building for inspection of lifts and lift installation.
(2) Order for repairs, alterations to and discontinuance of lifts in an unsafe condition.
8A. Owner to give facilities for inspection.
9. Report of accident.
10. Delegation of the powers of Government.
11. Inspection of lifts.
11A. Recovery of fees.
12. Power to make rules.
13. Penalty.
13A. Service of notices, orders or documents.
13B. Protection for acts done in good faith.
13C. Application of Act to lifts belonging to Government.
14. Saving.
2 The Maharashtra Lifts Act [1939 : X
1939 : X] The Maharashtra Lifts Act 3
LIST OF AMENDMENT ACTS
1. Amended by Bom. 17 of 19451
2. Amended by Bom. 32 of 1955
3. Adapted and modified by the Maharashtra Adaptation of Laws (State and Concurrent
Subjects) Order, 1956.
4. Amended by Bom. 28 of 1958
5. Adapted and modified by the Maharashtra Adaptation of Laws (State and Concurrent
Subjects) Order, 1960.
6. Amended by Mah. 20 of 1969
7. Amended by Mah. 19 of 1977 (1-10-1977)
8. Amended by Mah. 24 of 2012 (20-8-2012)
1 This Act was repealed and re -enacted and the amendments made by section 9 and Sch edule E of the said Act have been
contained in force by Bom. 52 of 1947, s. 2.
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
4 The Maharashtra Lifts Act [1939 : X
ACT No. X OF 19391
[THE MAHARASHTRA LIFTS ACT.]2
[17th May 1939]
An Act to provide for the regulation of the construction, maintenance and safe working of
certain classes of lifts and all machinery and apparatus pertaining thereto in the
3[State of Bombay].
WHEREAS it is expedient to provide for the regulation of the construction, maintenance and safe
working of certain classes of lifts and all machinery and appar atus pertaining thereto in the 4[State of
Bombay] in manner hereinafter appearing; It is hereby enacted as follows :—
1. Short title.— This Act may be called 5[the Maharashtra Lifts Act].
2. Extent and commencement .— 6[(1) This Act sh all extend to the whole of the 7[State of
Maharashtra].
(2) It shall come into force 8[in the pre-Reorganisation State of Bombay] on such date as the
9[State] Government may, by notification in the Official Gazette , 10[appoint; and in that part of the
11[State of Maharashtra] to which it is extende d by the Bombay Lifts (Extension) Act, 1957
(Bom. XXVIII of 1958), it shall come into force on such other date as the State Government may by
like notification published in the like manner, appoint].
3. Definitions.— In this Act, unless there is anything repugnant in the subject or context,—
(a) “Inspector of Lifts” means an officer appointed as such by the 12[State] Government;
(b) “Licence” means a licence granted under section 5;
(c) “Lift” means a hosting mechanism equipped with a 13[car] which moves in a
substantially vertical direction, is worked by power and is 14[designed to carry passengers or goods or
both];
15* * * * * *
16[(d) “Lift car” means the cage or car of a lift used whether for the conveyance of
passengers or goods or both and includes the floor or platform, car framed, sling and enclosing
body work but shall not include a hoist or lift to which the Factories Act, 1948 (LXIII of 1948),
applies];
1 For Statement of Objects and Reasons, see Bombay Government Gazette, 1938, Part V., p. 665 or Bombay Legislative
Assembly Debates, 1939, Vol. 5, p. 3465 or Bombay Legislative Council Debates, 1939, Vol. 6, p. 777. For Report of
the Select Committee, see Bombay Government Gazette, 1939, Part V., pp. 179 -182. For Proceedings in Assembly,
see Bombay Legislative Assembly Debates, 1939, Vol. 5, pp. 73 -75, 2269, 3075 and 3201 -3203 and for Proceedings in
Council, see Bombay Legislative Council Debates, 1939, Vol. 6, pp. 622-626.
2 The Act was extended to that part of the State of Bombay to which, immediately before the commence ment of
Bom. 28 of 1958, it did not extend (vide Bom. 28 of 1958, s. 2).
3 These words were substituted for the words “Province of Bombay” by Bom. 28 of 1958, s. 3(1).
4 These words were substituted for the words “Province of Bombay” by Bom. 28 of 1958, s. 3(1).
5 The short title was amended for “the Bombay Lifts Act, 1939” by Mah. 24 of 2012, Schedule, 24 w.e.f. 1-5-1960.
6 This sub-section was substituted for the original by Bom. 28 of 1958, s. 3(2).
7 These words were substituted for the words “State of Bombay” by the Maharashtra Adaptation of Laws (State and
Concurrent Subjects) Order, 1960.
8 These words were inserted by Bom. 28 of 1958, s. 3(2).
9 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
10 This portion was substituted for the word “appoint” by Bom. 28 of 1958, s. 3(2)(b).
11 These words were substituted for the words “State of Bombay” by the Maharashtra Adaptation of Laws (State and
Concurrent Subjects) Order, 1960.
12 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
13 This word was substituted for the word “cage” by Bom. 32 of 1955, s. 2(1)(a).
14 These words were substituted for the words “designed or is actually used to c arry passengers” by Bom. 32 of 1955 ,
s. 2(1)(b).
15 The Explanation was deleted by Bom. 32 of 1955, s. 2(1)(c).
16 This clause was substituted for the original by Bom. 32 of 1955, s. 2(2). `
1939 : X] The Maharashtra Lifts Act 5
(e) “Lift i nstallation” includes the lift 1[car], the lift way, the lift wa y enclosure and the
operating mechanism of the lift and all ropes, cables, wires and plant, directly connected with the
operation of the lift;
(f) “Lift way” means the shaft in which the lift 2[car] travels;
(g) “Lift way enclosure” includes any permanent substantial structure surrou nding or
enclosing the lift way;
(h) “Power” means any form of energy which is not generated by human or animal agency;
(i) “Prescribed” means prescribed by rules;
(j) “Rules” means rules made under section 12.
4. Permissio n to erect a lift. — Every owner of a place intending to install a lift in such place
after the commencement of this Act, shall make an appl ication to such officer as the 3[State]
Government may authorise in this behalf for permission to erect such lift. Such application shall be in
writing and in such form as may be prescribed. Such application shall specify—
(1) the type of the lift,
(2) the rated maximum speed of the lift,
(3) the maker’s or designer’s rated capacity in weight,
(4) the maximum number of passengers in addition to the lift operator which the lift
can carry,
(5) the total weight of the lift 4[car] carrying the maximum load,
(6) the weight of the counterweight,
(7) the number, description weight and size of the supporting cables,
(8) the depth of the pit from the lowest part of the 5[car] when at the lowest floor,
(9) such details of the construction of the overhead arrangement with the weight and sizes of
the beams as may be prescribed, and
(10) such other particulars as may be prescribed.
On receipt of such application the officer auth orised under this section shall, after making such
enquiry and requiring the applicant to furnish such information as may be necessary, forward the
application with his remarks to the 6[State] Government. The 7[State] Government may thereupon
either grant or refuse the permission. Such permission shall be valid only for a period of six months
from the date on which it is granted.
5. Licence to use a lift. — (1) Every own er of a place who is permitted to install a lift under
section 4, shall, within one mon th after the completion of the e rection of such lift deliver or send or
cause to be delivered or sent to such officer as the 8[State] Government may authorise in this be half
notice in writing of such completion and shall make an application to him for a licence for working the
lift.
(2) An application for a licence made under sub -section ( 1) shall be in such form as may be
prescribed. 9[Along with such application. such fee as may be prescribed shall be paid].
1 This word was substituted for the word “cage” by Bom. 32 of 1955, s. 3.
2 This word was substituted for the word “cage” by Bom. 32 of 1955, s. 3.
3 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
4 This word was substituted for the word “cage” by Bom. 32 of 1955, s. 3.
5 This word was substituted for the word “cage” by Bom. 32 of 1955, s. 3.
6 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
7 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
8 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
9 These words were inserted by Mah. 19 of 1977, s. 2(a).
6 The Maharashtra Lifts Act [1939 : X
(3) On receipt of such application such officer as may be authorised in this behalf by th e 1[State]
Government after making such enquiry as may be necessary forward the appli cation with his remarks
to the 2[State] Government. The 3[State] Government may, thereupon, either grant or refuse , the
licence.
4* * * * * *
6. Applications for licence in case of existing lift s.— (1) Notwithstanding anything contained
in sections 4 and 5 every owner of a place i n which a lift has been installed before the date of the
commencement of this Act, shall within two months from such date apply for a licence for the working
of such lift.
(2) The provisions of sub -sections (2) to ( 4) of section 5 shall, so far as may be, apply to such
application.
7. Lift not to be operated without a licence. — Subject to such rules as may be made in this
behalf no lift shall be worked except under and in conformity with the terms of the licence granted in
respect of the same:
Provided that nothing in this section shall apply to a lift installed at the date of the
commencement of this Act, for a period of two months from such date or if an application for licence is
made within that period in accordance with the provisions of se ction 6, until such application is finally
disposed of under the said section.
5[7A. Additions and alterations to the lift installation.— No additions or alterations other than
those required to be made under sub -section ( 2) of section 8. shall be made to any lift installation
except with the previous permission in writing of an officer authorised in this behalf by the State
Government.]
8. (1) Right to enter any building for inspection of lifts and lift installation. — An officer
authorised in this behalf by the 6[State] Government may at any time after 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 application for a licence has been r eceived, for the purpose of inspecting the lift or the
lift installation or the site thereof.
(2) Order for repairs. alterations to and discontinu ance of lifts in an unsafe condition. — If
on such inspection the officer is of the opinion that any lift in any building is in an unsafe condition, he
may issue an orde r on the owner of the building 7[or his agent appointed under
sub-section ( 2) of section 9] requiring such repairs or alterat ions to be made to such lift as he may
deem necessary within the time specified therein and may also, if necessary, order the use of such lift
to be discontinued until such repairs or alterations are made or such unsafe condition is removed. 8[The
owner or his agent. as the case may be, shall thereupon comply with the order within the period
specified therein and shall forthwith report in writing to the officer of having so complied.]
9* * * * *
10[(3) Any person aggrieved by an order of the officer under sub-section (2) may, within thirty
days from the date of such order. appeal to the State Government.
1 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
2 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
3 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
4 Sub-section (4) was deleted by Mah. 19 of 1977, s. 2(b).
5 Section 7A was inserted by Bom. 32 of 1955, s. 4.
6 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
7 These words were inserted by Bom. 32 of 1955, s. 5(1)(a).
8 This portion was inserted by Bom. 32 of 1955, s. 5(1)(b).
9 The portion beginning with the words, “An appeal shall lie” and ending with the words “shall be final”
was deleted by Bom. 32 of 1955, s. 5(1)(c).
10 These sub-sections were inserted by Bom. 32 of 1955, s. 5(2).
1939 : X] The Maharashtra Lifts Act 7
(4) Notwithstanding any appeal made to the State Government under sub-section (3), any order to
discontinue the use of a lift made by the officer under sub-section (2) shall be complied with, unless the
State Government has suspended such order.
(5) The order made by the officer under sub -section ( 2), subject to an appeal to the State
Government and the decision of the State Government on the appeal shall be final.]
1[8A. Owner to give facilities for inspection. — The owner of a building in which a lift is
installed or his agent appointed under sub -section (2) of section 9 shall afford all reasonable facilities
to the officer for inspecting a lift under sec tion 8 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 of a representative of such per son who is
competent to guide the officer in inspecting the lift.]
9. Report of accident. — (1) Where any accident occur s in the operation of any lift 2[which
results or was likely to result] in injury to any person the owner of the building in which the lift is
working or if such owner has appointed an agent and has communicated his name to the Inspector of
Lifts under sub-section (3) such agent shall as soo n as may be after such accident give notice with full
details of the accident to the Inspector of L ifts and also in 3[the Greater Bombay] to the Commissioner
of Police and elsewhere to the District Magistrate 4[or such other officer as the State Govern ment may
by order specify] and 5[the lift installation shall not be interfered with in any way and] the working of
such lift shall not be resumed except with the written permission of the officer authorised in this be half
by the 6[State] Government.
(2) Fo r the purposes of sub -section ( 1), the owner of every building in which a lift has been
installed may and if such owner does not reside in such building, shall appoint an agent who shall be a
resident in the town or village in which the building is situate to give notice of any accident occurring
in the operation of the lift.
(3) The name of every agent ap pointed under sub -section ( 2) shall be communicated to the
Inspector of Lifts.
10. Delegation of the powers of Government. — The 7[State] Government may delegate any of
the powers conferred on it by or under this Act to such officer as it thinks fit.
11. Inspection of lifts.— Every lift shall be ins pected at least once in six months by an officer
authorised in this behalf by the 8[State] Government. 9[An annual fee at such rate as may be prescribed]
shall be charged for such inspection and such fee shall include the charges for the inspection of the
motor.
10[11A. Recovery of fees. — All sums payable as fees under this Act shall be recoverable as
arrears of land revenue.]
12. Powers to make rules. — (1) The 11[State] Government may, from time to time by
notification in the Official Gazette, 12[and subject to the condition of previous publication] make rules
to carry out the purposes of this Act.
1 Section 8A was inserted by Bom. 32 of 1955, s. 6.
2 These words were substituted for the word “resulting” by Bom. 32 of 1955, s. 7(1).
3 These words were substituted for the words “the City of Bombay” by Bom. 17 of 1945, s. 9 and Sch edule E read with
Bom. 52 of 1947, s. 2 proviso.
4 These words were inserted by Bom. 28 of 1958, s. 3(3).
5 These words were inserted by Bom. 32 of 1955, s. 7(2).
6 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
7 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
8 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
9 These words were substituted for the words, letters and figures “An annual fee of Rs. 30” by Mah. 19 of 1977, s. 3.
10 Section 11A was inserted by Bom. 32 of 1955, s. 8.
11 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
12 These words were inserted by Mah. 19 of 1977, s. 4(a).
8 The Maharashtra Lifts Act [1939 : X
(2) In particular and without prejudice of the generality of the foregoing prevision, such rules may
be made for the following matters, namely:
(a) specifications for lifts,
(b) the manner in which erection plans of lifts shall 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 licence for working the same,
(e) the terms and conditions subject to which and the form in which the licences may be
granted for the working of a lift under section 7,
(f) the manner in which and the terms subject to which the lifts shall be worked under
section 7,
1[(fa) the fee payable in respect of an application for a licence for the working of a lift under
section 7 and the annual fee payable for inspec tion of a lift under section 11, which fees may be
different for different classes of Lifts, and the manner of paying such fees;]
(g) the manner in which notice of accidents shall be given and the form of such notice, 2* *
(h) the form of notice to be given under section 8,
3[(i) any other matter which is to be, or may be, prescribed.]
4[(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each
House of the State Legislature while it is in session for a total period of thirty 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, both Houses agree in making any modification in the
rule, or both Houses agree that the rule shou ld not be made, and notify such decision in the
Official Gazette, the rule shall from the date of publication of such notification have effect only in such
modified form or be o f 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 or omitted to be done
under that rule.]
13. Penalty. — Whoever contravenes any of the provisions of this Act, rules or conditions of a
licence or a direction given by the Inspector of Lifts under this Act or the rules shall, on conviction, be
punishable with a fine which may extend to five hundred rupees and, in the case of a continuing
contravention with an additional fine which may extend to fifty rupees for every day during which such
contravention continues after conviction for the first such contravention.
5[13A. Service of notices, orders or documents. — (1) 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,—
(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 head office of the company in
India;
(c) where an y other person is the addressee, at the usual or last known place of abode or
business of the person.
(2) 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 it or a true copy thereof, to some
1 Clause (fa) was inserted by Mah. 19 of 1977, s. 4(b)(i).
2 The word “and” was deleted by Mah. 19 of 1977, s. 4(b)(ii).
3 Clause (i) was inserted by Mah. 19 of 1977, s. 4(b)(iii).
4 Sub-section (3) was added by Mah. 19 of 1977, s. 4(c).
5 Sections 13A, 13B and 13C were inserted by Bom. 32 of 1955, s. 9.
1939 : X] The Maharashtra Lifts Act 9
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.
13B. Protection for acts done in good faith. — No suit, prosecution or other legal proceedings
shall be instituted against any officer for anything which i s in good faith done or intended to be done
under this Act.
13C. Application of Act to l ifts belonging to Government.— The provisions of this Act shall
apply to lifts installed by Government and in the application of the said provisions to such lifts, the said
provisions shall be deemed to have been adapted or modified as follows:—
1[(1) In sub-section (1) of section 6, for the words beginning with the words “every owner” and
ending with the words “working of such lift” the following shall be substituted, namely:—
‘an application for a licence shall be made by Government which has or on whose behalf a
lift has been installed. —
(a) before, the commencement of the Bombay Lifts (Amendment) Act, 1955 (Bom. XXXII
of 1955), within two months from the said date;
(b) before this Act is brought into force in that part of the State to which it is extended by
the Bombay Lifts (Extension) Act. 1957 (Bom. XXVIII of 1958), within two months from th e
date it is so brought into force;
for the working of such lift’.]
2[(2) In the proviso to section 7, for the words “commencement of this Act, for a peri od of two
months from such date” the following shall be substituted, namely:—
‘commencement of this Act, or to a lift installed by Government before the commencement
of the Bombay Lifts (Amendment) Act. 1955 (Bom. XXXII of 1955), or installed before this Act
is brought into force in that part of the State to which it is extended by the Bombay Lifts
(Extension) Act, 1957 (Bom. XXVIII of 195 8), for a period of two months from such
commencement, or as the case may be, the date it is so brought into force’.]
(3) In section 8,—
(a) in sub -section ( 3), for the words “the State Government” the words “the appellate
authority appointed in this behalf by the State Government™ shall be substituted;
(b) in sub-sections (4) and (5), for the words “the State Government,” wherever they occur,
the words “the appellate authority” shall be substituted;
(4) In sub -section (2) of section 9, for the words beginning with the words “the owner of every
building” and ending with the words “in such building.” the following shall be substit uted, namely:—
“for every building in which a lift has been installed by Government, Government”;
(5) Section 13 shall be deleted;
(6) For clause (a) of sub-section (1) of section 13A, the following shall be substituted, namely:—
“(a) where Gover nment is the addressee, at the office of the agent appointed by such
Government under sub-section (2) of section 9 ;”].
14. Saving. — Nothing contained in this Act shall affect the provisions of the Indian Electricity
Act, 1910 (IX of 1910), or any rules made thereunder.
1 Clause (1) was substituted for the original by Bom. 28 of 1958, s. 3(4)(a).
2 Clause (2) was substituted for the original by Bom. 28 of 1958, s. 3(4)(b).