The West Bengal Lifts And Escalators Act, 1955

West Bengal Act V of 1955 
THE WEST BENGAL LIFTS AND ESCALATORS 
ACT, 1955. 
[Passed by the West Bengal Legislature.] 
[Assent of the Governor was first published in the Calcutta Gazette, Extraordinary, of the 28th March, 1955.] 
An, Act to provide for the regulation of the installation, 
maintenance and safe working of lifts and escalators in 
West Bengal and of all machinery and apparatus per- 
taining to such lifts and escalators. 
It is hereby enacted in the Sixth Year of the Republic 
of India, by the Legislature of West Bengal, as follows:— 
I. (1) This Act may be called the West Bengal Lifts Short 
title, and Escalators Act, 1955. 	 extent, 
(2) It extends to the whole of West Bengal. 	 com-
mence- 
(3) It shall come into force on such date as the State meat 
Government may, by notification in the Official Gazette, and 
appoint. aPPh-cation. 
(4) Nothing in this Act shall apply to any lift or 
escalator in any mine within the meaning of the XXXV of Mines Act, 1952, or to any lift or escalator to which the 1962. 	 provisions of the Factories Act, 1948, apply. L XIII of 
1948. 
2. In this Act, unless the context otherwise requires,— Defini- 
(a) "contract load" means the load specified in the tions.  
maker's specification of a lift or an escalator as 
being the maximum load which the lift or the 
escalator is capable of carrying; 
(b) "contract speed" means the speed specified in the 
maker's specification of a lift or an escalator as 
being the maximum speed which the lift or the 
escalator is capable of attaining in the up 
direction with contract load; 
(c) "counterweight" means the weight or series of 
weights to counterbalance the weight of a lift 
car and part of the load; 
(d) "escalator" means a moving inclined continuous 
stairway or runway used for raising and lower-
ing passengers, which is worked by power; 
(e) "lift" means a hoisting and lowering mechanism 
equipped with a lift car which is designed to 
move in guides in a substantially vertical 
direction and is worked by power; 
(f) "lift car" includes the platform, car frame and the 
enclosure of a lift car; 
(g) "lift installation" used in relation to a lift includes 
the lift (that is to say the mechanism and the 
lift car), the lift well, the lift well enclosure and 
all ropes, cables, wires and plant directly con-
nected with the operation of the lift; 
The West Bengal Lifts and Escalators Act, 1955. 
[West Ben. Act 
(Section 3.) 
(14 "lift well" means the unobstructed space provided 
for the movement of a lift car and any counter-
weight and includes the pit and the space for top 
clearance for the lift car and the counterweight; 
(i) "lift well enclosure" includes any permanent 
substantial structure which separates a lift well 
either wholly or in part from its surroundings; 
(5) "pit" means the space in a lift well below the level 
of the lowest lift landing; 
(k) "pit depth" means the vertical distance between 
the level of the lowest lift landing and the 
bottom of pit; 
(1) "power" means energy generated by electricity, 
water, oil, gas, steam or any combination of 
them; 
(m) "prescribed" means prescribed by rules made 
under this Act; 
(n) "suspension ropes" means the ropes by which a lift 
car and counterweight are suspended; 
(o) "top clearance" means— 
(i) for a lift car,— the distance which the lift car 
floor can travel above the level of the highest 
lift landing without any part of the lift car or 
its attachments coming into contact with over-
head structure or other obstruction, 
(ii) for counterweight,— the distance between any 
part of the counterweight assembly and the 
nearest part of the overhead structure or any 
other obstruction when the lift car floor is 
levelled with the lowest lift landing. 
3. The owner of any premises intending to install a •lift 
in such premises shall make an application to such officer 
as the State Government may authorise in this behalf, for 
permission to erect such lift. The application shall 
specify— 
(a) the type of the lift, 
(b) the contract speed of the lift, 
(c) the contract load of the lift in pounds, 
(d) the maximum number of persons which the lift can 
carry, 
(e) the total weight of the lift car including the 
contract load, 
(f) the weight of the counterweight, 
(g) the number, description, weight and size of the 
suspension ropes, 
(h) the pit depth, 
(i) such other details of construction as may be pre-
scribed including in particular details regarding 
construction of the overhead arrangement and 
the weight and size of the beams, 
(j) 5nelzt other particulars as may be prescribed. 
1 Applica-
tion for 
permis-
sion to 
oroot 
lift. 
The West Bengal lifts and Escalators Act, 1955. 	 3 
V ol 1955.] 
(Sections 4-7.) 
Explanation.—In this Act, the expression, "owner of 
any premises" shall be deemed to include a tenant of the 
whole or part of such premises, who has obtained permission 
in writing from the owner of the premises to install a lift. 
4. On receipt of an application made under section 3 
the officer authorised under that section shall, after making 
such enquiry and requiring the applicant to furnish such 
information (if any) as may be necessary and after giving 
him an opportunity of being heard, either grant or refuse 
the permission to erect the lift. The permission granted 
under this section shall be valid for such period as may be 
prescribed, but may be renewed by the said officer from 
time to time on sufficient cause being shown. 
5. (1) The owner of any premises, who has been 
granted permission to erect a lift under section 4, shall, 
within one month after the completion of the erection of 
such lift, give to the officer authorised in this behalf notice 
in writing of such completion and shall make an application 
to him for license for working the lift. 
(2) An application for such license shall be in such 
form as may be prescribed. 
(3) On receipt of the application the officer referred to 
in sub-section (1), after making such enquiry as may be 
necessary, and after giving the applicant an opportunity of 
being heard, may either grant the license on such ter ms and 
conditions as may be prescribed or refuse the grant thereof. 
(4) A fee of fifty rupees shall be paid along with such 
application, which shall not be refunded whether the license 
is granted or not. 
Fermis-
Mon to 
erect 
lift. 
License 
to work 
a lift. 
6. The owner of any premises to whom a license to m inua i 
work a lift has been granted, shall pay such annual license license fee. 
fee as may be prescribed and different annual license fees 
may be prescribed having regard to the object or the pur-
pose for which the lift is ordinarily used or for different 
kinds or classes of lifts. 
7. No lift shall be worked except under a license Lift not 
granted under this Act and in conformity with the terms to be 
and conditions of the license and in accordance with such worked 
rules as may be prescribed in this behalf : 	 without  license. 
Provided that nothing in this section shall apply to a 
lift installed before the commencement of this Act, for a 
period of three months from such commencement, or if an 
application for license is made within that period in 
accordance with the provisions of section 8, until such 
application is finally disposed of under the said section. 
Applica-
tion for 
license in 
case of 
existing 
lift instal-
lation. 
4 	 The West Bengal Afts and Escalators Act, 1955. 
[West Ben. Act 
(Sections 8-11.) 
8. (1) Notwithstanding anything contained in sec-
tions 4 and 5, the owner of any premises in which a lift has 
been installed before the commencement of this Act, shall 
within three months from such commencement apply for a 
license for the working of such lift. 
(2) The provisions of sub-sections (2), (3) and (4) of 
section 5 shall, so far as may be applicable, apply to such 
application. 
Appoint - 	 9. The State Government shall, by notification in the 
mont of 	 Official Gazette, appoint duly qualified persons to be Inspectors 
of Lifts. 	 Inspectors of Lifts for the performance of duties imposed 
upon them by or under this Act or as may be assigned to 
them by the State Government. 
Right to 
enter any 
premises 
for in-
spection 
of lift 
installa-
tion. 
Annual 
inspection 
of lift 
installa-
tion and 
proper 
mainte-
MAW 
thereof. 
10. An Inspector of Lifts or an officer authorised in this 
behalf by the State Government may at any .  time after giving 
written notice to the owner, agent or occupier enter upon any 
premises in which a lift has been installed or is being 
installed or in connection with which an application for a 
license has been received, for the purpose of inspecting the 
lift or the lift installation or the site thereof, or for carry-
ing out such tests as max be considered necessary and the 
owner, agent or occupier of such premises shall afford all 
reasonable facilities to him for the purpose. 
ii. (1) Where a license to work a lift has been ,,,,ranted 
under this Act, the lift installation shall be inspected by an 
Inspector of Lifts or by an officer authorised in this behalf 
by the State Government, at least once every year (or 
oftener if such Inspector or officer suo mote deems it 
necessary). A fee of ten rupees shall be levied annually 
from the owner of the premises to whom a license has been 
granted for such inspection, irrespective of the number of 
such inspections made: 
Provided that inspection may be made from time to 
time by such Inspector or officer at the request of the owner 
of the premises to whom the license has been granted (or 
any occupier thereof who ordinarily uses the lift) but a fee 
of ten rupees shall be levied for every such inspection 
from such owner (or such occupier). 
Explanation.—Inspecting includes inspecting or testing 
or both. 
(2) The owner of any premises to whom a license to 
work a lift has been granted under this Act shall appoint 
a duly qualified and competent person or firm for the proper 
maintenance of the lift installation and shall communicate 
the name of such person or firm to the Inspector of Lifts 
and also in the city of Calcutta to the Commissioner of 
Police and elsewhere to the District Magistrate within such 
time from the date of the granting of the license as may be 
specified in the license. Any change of person or ,firm 
appointed as aforesaid shall be notified to the Inspector of 
Lifts and also to the Commissioner of Police or the District 
Magistrate, -as the case may be. 
The West Bengal Lifts and Escalators Act, 1955. 	 5 
V of 1955.] 
(Sections 12-14.) 
12. If as a result of an inspection, the Inspector of Lifts Orders for 
or the officer duly authorised in this behalf is of the opinion iriffr anumd g 
that a lift in any premises does not fulfil any of the prohibi-
terms and conditions of the license or any rule made under ting IWO 
this Act or is in an unsafe condition or is likely to be thereof. 
attended with danger to human life, he may issue an order 
in writing on the owner, agent or occupier of the premises 
or other person responsible for the working of the lift call-
ing upon him to comply with such term or condition or 
rule or require him within a time to be specified in the order 
to cause such repairs or alterations to be made to such lift 
as he may deem necessary, and may also, if necessary, 
forbid the use of such lift until such repairs or alterations 
are made or the cause of the danger is eliminated or the 
term, condition or rule is complied with. 
13. (1) If any accident occurs in connection with the Report of 
operation of a lift and the accident results or is likely to accidents. 
have resulted in the loss of human life or personal injury, 
the owner of the premises 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 (.1), 
such agent shall as soon as may be after the accident 
give notice to the Inspector of Lifts and also in 
the city of Calcutta to the Commissioner of Police and else-
where to the District Magistrate with full details of the 
accident and any loss of human life or personal injury, and 
the working of such lift shall not be resumed except under 
the written permission of the Inspector of Lifts. 
(2) For the purpose of section 12 and of sub-section (1), 
the owner of any premises in which a lift has been installed 
may, and if such owner does not reside in such village or 
town in which the premises are situated shall, appoint an 
agent who shall be resident in the town or village in which 
the premises are situated. 
(3) The name of every agent appointed under sub-
section (2) shall be communicated' to the Inspector of Lifts 
and the Commissioner of Police or the District Magistrate, 
as the case may be. 
14. The owner of any premises intending to install an 
escalator in such premises shall make an application to such 
officer as the State Government may authorise in this behalf 
for permission to erect such escalator. The application shall 
specify— 
(a) the width of the escalator, 
(b) the contract speed of the escalator, 
(c) the contract load of the escalator in pounds, 
(d) the angle of inclination of the escalator with the 
horizontal, 
(e) such other details of construction including in 
particular details regarding the weight and size 
of beams as may be prescribed, and 
(f) such other particulars as may be prescribed. 
Applica-
tion for 
permis-
sion to 
erect 
escalator. 
6 	 The West Bengal Lifts and Escalators Act, 1955. 
[West Ben. Act 
(Sections 15-20.) 
License, in- 	 15. The provisions of the Explanation to section 3 and spection, of sections 4 to 13 (both inclusive) and sections 16 to 22 (both etc., for 	 . 
esc
a
lator. Inclusive) shall apply enutatis mutandis to escalators, as 
they apply to lifts. 
Penalty. 
16. The State Government may delegate any of the 
powers conferred on it by or under this Act to such officer 
as it thinks fit 
17. The breach of any of the terms and conditions under 
which a license is granted, shall render the license liable 
to be suspended by an officer authorised in this behalf by 
the State Government for such period as may be specified 
in the order and if any terms or conditions of the license, 
for the breach of which the order of suspension is passed, 
are not complied with within such period, such officer may 
cancel the license. 
18. Whoever contravenes any of the provisions of this 
Act or any rule made thereunder or any order passed 
under section 12 by an Inspector of Lifts or an officer 
authorised by the State Government shall, on conviction, 
be punishable with 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. 
Delege-
tion of 
power of 
State Gov-
ernment. 
Breach of 
terms or 
condi-
tions. 
Appeal. 
Protec-
tion and 
indem-
nity. 
19. (1) An appeal shall lie to the State Government 
from any of the following orders, namely : — 
(a) an order under section 4 or section 4 read with 
section 8, refusing permission to erect a lift; 
(5) au order under section 5 or section 5 read with 
section 8, refusing the grant of license to work 
a lift; 
(c) an order under section 12; 
(d) an order under section 17 suspending or cancelling 
the license to work a lift. 
(2) The decision of the State Government on such appeal 
shall be final. 
20. No suit or other legal proceedings shall lie against 
the State Government and no suit, prosecution or other 
legal proceedings shall lie against any Inspector of Lifts 
or any person authorised by the State Government to 
exercise any powers or to perform any duties under this Act, 
for anything done or intended to be done in good faith 
under this Act. 
(g) 
The West Bengal Lifts and Escalators Act, 1955. 	 7 
• V of 1955.] 
(Sections 21, 22.) 
21. (1) The State Government may, from time to time, by notification in the Official Gazette, make rules for carry-ing out the purposes of this Act. 
(2) In particular and without prejudice to the generality 
of the foregoing provision, such rules may provide for all 
or any of the following matters, namely:— 
(a) specification for lift installation; 
(b) the manner in which erection plans of a lift instal-
lation shall be submitted; 
the manner in which a lift installation may be 
tested; 
the form of application for a license to work a lift; 
the terms and conditions subject to which and the 
form in which the license may be granted; 
the annual license fees to be prescribed under 
section 6 and the time within which such fees 
are to be paid; 
the qualifications and competency of person or firm, 
required to be appointed under sub-section (2) of section 11; 
the form in which an order under section 12 may 
be served; 
the manner in which notice of accidents shall be 
given and the form of such notice; 
the procedure in appeals under section 19, the period 
of limitation for such appeals, and the fees, if 
any, for such appeals; and 
(k) any other matter which may be or is required to be 
prescribed under this Act. 
Power to 
make 
rules. 
22. Nothing contained in this Act shall affect the pro- Savings. 
of 1910. visions of the Indian Electricity Act, 1910, or any rules 
made thereunder. 
WBGP-55/6-159A-5M 

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