The Bihar Lift and Escalators Act, 2024

Short title, extent and commencement.—

1. (1) This Act may be called The Bihar Lift and Escalators Act, 2024.
2. (2) It extends to the whole of the State of Bihar.
3. (3) It shall come into force on such date, as the state Government may, by notification in the Official Gazette, appoint.

Definitions. - In this Act unless the context otherwise requires-

1. (a) "Government" means the Government of the State of Bihar;
2. (b) "Inspector" means an officer appointed by State Government and also includes chief electrical Inspector under Sub-Section

1. (1) of Section 162 of the Electricity Act, 2003 (Central Act 36 of 2003), who has Territorial Jurisdiction or as authorised over the place of installation of a lift or an escalator;
   • (c) "owner" means an owner or occupier or office bearer of a society or an association, or a tenant, of the whole or part of a premises, who has applied for registration;
   • (d) "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 treated as a passenger;
   • (e) power means any form of energy which is not generated by human or animal energy;
   • (f) "premises" means any structure, whether temporary or permanent, where a lift or escalator is installed;
   • (g) "registration" means assignment of a number to a lift or escalator by the Inspector under Section 4 of this Act.
   • (h) "lift" means a hoisting and lowering mechanism equipped with a cage which moves in an upward and downward direction, and work on power and is designed or is actually used to carry passengers or goods, or both;
     • (i) "lift cage" means a car or a cage of a lift used for the conveyance of passengers or goods, or both;
   • (j) "lift installation" includes a lift cage, a lift way, a lift way enclosure, and an operating mechanism of the lift and ropes, cables, wires, safety provisions and plant and machinery connected with the operation of the lift;
   • (k) "lift way" means a shaft or hoist way in which the lift cage travels;
   • (l) "lift way enclosure" includes any substantial structure surrounding or enclosing the lift way;
   • (m) "prescribed" means prescribed by rules made under this Act;
   • (n) "automatic rescue device" means a device which, in case of power failure in the building, enables the lift to land and stop at the nearest landing floor and keeping the landing and open lift cage doors simultaneously;
   • (o) “emergency rescue device” means an electronic and electric apparatus which provides 3-phase emergency power supply to the lift, in case of power failure/breakdown in the high rise building and gives sufficient backup to the lift to land, stop and open the landing and lift cage doors at any floor and remain in regular operation upto the extended time which would be at least fifteen minutes;
   • (p) "escalator" means a moving inclined continuous stairway or runway used for raising or lowering passengers, which work on power;
   • (q) “lift pit” means the space in the lift well below the level of the lowest lift landing served;
   • (r) “balustrade” means a part of the escalator which ensures the user’s safety by providing stability, protecting from moving parts and supporting the handrail; “rated load” or “contract load” means the load at which the lift is designed to move as specified in the approved drawings;
   • (t) “rated speed” in case of a lift means maximum speed of the lift car in any part of its travel in up and down direction for which the lift equipment has been designed and in case of an escalator means a speed in the direction of the movement of the steps, pallets or belt for which the escalator has been designed as specified in the approved drawing;
   • (u) “section” means a section of this Act;
     • (v) “rules” means rules made under this Act;

Appointment of officers and officials.—

1. (1) The Government may by notification in the Official Gazette, appoint a Chief Electrical Inspector and as many Inspectors 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. (2) The Chief Electrical Inspector shall have general superintendence and control over the Inspectors and other officers and officials in the State and may issue necessary directions for carrying out the purpose of this Act.

Registration.—

1. (1) Every owner shall, within a period of one month after the completion of the installation of a lift or an 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. (2) On Receipt of an application accompanied by such fees, complete in all respects, under sub-section (1), the Inspector shall inspect as may be necessary and register the lift or escalator, by assigning a number to it within a period of thirty days.
3. (3) Every owner of a lift or escalator, shall submit every year a copy of 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. (4) Every owner of a lift or escalator shall also furnish an annual safety certificates in such form and manner as may be prescribed for the smooth and safe running of the lift or escalator.

Emergency rescue device and automatic rescue device:-

1. (i) The owner shall make arrangement to provide the automatic rescue device and emergency rescue device for high rise building having height more than fifteen meters excluding group housing, domestic or any other building to rescue the travelling passengers trapped in the lift in the event of breakdown of power supply by bringing the lift to nearest/any floor, stopping the lift and keeping the landing and lift cage doors open.
2. (ii) The owner shall have to provide automatic rescue device or emergency rescue device or both for group housing building, domestic or any other building having height less than fifteen meters to rescue the travelling passengers trapped in the lift in the event of breakdown of power supply by bringing the lift to nearest/any floor, stopping the lift and keeping the landing and lift cage doors open, as the case may be.

Alternate power supply system.— The owner shall make arrangements 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 thirty seconds.

Inspection.—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 and inspection fees.

Code of practice Code of practice. –

1. (1) Save as otherwise provided in this Act, the relevant code of practice of the Bureau of Indian Standards (including National Building Code and National Electric 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 there under shall prevail.
2. (2) The material and apparatus used shall conform to the relevant specifications of the Bureau of Indian Standards where such specifications have already been laid down.
3. (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.

Registration of existing lifts and escalators. –

1. (1) Notwithstanding 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 within a period of six months from such commencement, apply for a registration of such lift or escalator.
2. (2) The provisions of sub-sections (2),
3. (3) and
4. (4) of Section 4 shall, apply to such application.

Right to enter in any building for inspection.— An inspector at all reasonable hours, 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 escalator or their installation or the site thereof.

Lifts or escalators in an unsafe condition.— If, upon an inspection as it is carried out under Section 7, the Inspector finds that any lift or escalator in any building is in unsafe condition, he may direct the owner requiring 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 forbid the use of such lift or escalator until such repairs or alterations are carried out or such unsafe condition is removed to his satisfaction.

Sealing.—

1. (1) Any lift or escalator in respect of which a direction is issued under Section 11 has not been carried out to the satisfaction of the Inspector, such lift or escalator, in case the same is found being used may be ordered to be sealed by the Inspector.
2. (2) An appeal against an order under sub-section
3. (1) shall lie to the Chief Electrical Inspector, Energy Department, Bihar, whose decision shall be final.

Insurance.— The owner shall, after the completion of the installation of such lift or escalator, ensure third party insurance mandatory so as to cover the risk of passengers using such lift or escalators.

Log book and reporting.—

1. (1) The owner shall, maintain a log book for each lift and escalator and enter therein the details of operation, break-down (other than failure in electrical supply) and accident, if any. This log book may be inspected by the Inspector as and when he desires.
2. (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 accident, 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.

Concurrent liability.— The lift or escalator installation 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 provisions of the lift or escalator, if attributable to such lift or escalator installation or maintenance company.

Intimation about closure.— If any building where lift or escalator is installed gets decommissioned, an intimation about this shall be given by the owner to the Inspector within a period of one month.

Life span.— A lift or escalator installed in the premises shall be replaced by the owner of the lift or escalator, after the period of twenty years of its installation. Such replacement 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.

Power to relax.— 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 be fit.

Delegation of powers.— The Government may, delegate any of its powers conferred on it by or under this Act, to such officer as it may deem fit.

Penalty.— Whoever contravene any of the provisions of this Act, or the rules made thereunder shall, on conviction be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to fifty thousand rupees, or 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.

Cognizance of offence.— No Court shall take cognizance of any offence punishable under this Act except on complaint made by the Inspector, appointed under the Act.

Protection for action taken in good faith.— No suit, prosecution or other legal proceedings shall lie against any person in respect of anything which is done in good faith or intended to be done in pursuance of the provisions of this Act, or of the rules made thereunder.

Power to make rules .—

1. (1) The Government may, by notification in the Gazette, make rules for the purpose of this Act.
2. (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) Specifications for lifts and escalators;
   • (b) The manner in which erection plans of lift and escalators shall be submitted;
   • (c) The manner in which lifts and escalators may be tested;
   • (d) The form of application of permission for the erection of lift and escalators and license for working such lifts and escalators;
   • (e) The form of report of completion to be sent under sub-section
3. (4) of Section 1;
   • (f) The term and conditions and restrictions subject to which, and the form in which, the license 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 14 (2);
   • (j) The form and manner to file appeal; and
   • (k) Any other matter which is required to be, or may be prescribed, for carrying out the purpose of this Act.
4. (3) Every rules made under this Act shall 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 agree in making any modification in the rule or the House agree 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.

Savings.— Nothing contained in this Act shall affect the provisions of the Electricity Act, 2003 (36 of 2003) or the rules made thereunder.