Chapter IV INSPECTION OF LIFT, ESCALATOR AND MOVING WALK AND ITS INSTALLATION

Right to enter in any building for inspection of lift or escalator or moving walk and its installation. An officer authorized in this behalf by the State Government has right to enter in any building for inspection of lift or escalator or moving walk and its installation. Such authorities may, at any time after giving reasonable notice to the occupant, enter upon any building in which place a lift or escalator or moving walk is installed or is being installed or in connection with which an application for a licence has been received or otherwise, for the purpose of inspecting the lift or escalator or moving walk, or its installation alongwith the site thereof.

Owner to give facilities for inspection of lift, escalator or moving walk. The owner of a building or his authorized representative in which place a lift or escalator or moving walk is installed shall provide all necessary facilities to the Electrical Inspector (Lifts) or any other officer authorised in this behalf by him for inspecting a lift or escalator or moving walk; and if required by the Electrical Inspector (Lifts) or officer authorised by him shall also procure attendance of contractor of lift, escalator or moving walk or his authorised representative.

Amendment of section 27 of Mah. XV of 2018. 15.

Service of intimation or notices, orders or documents Service of intimation or notices, orders or documents.

1. (1) Every intimation or notice, order or document by or under this Act required or authorized to be addressed to any person may be served by speed 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 any other person is the addressee, at the usual or last known place of abode or business of the person.
2. (2) Every notice, order or document by or under this Act, required or authorized to be addressed to the owner or the authorized representative 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 “authorized representative 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 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.

1. (1) Every lift, escalator or moving walk shall be inspected periodically at least once in a year or at such earlier intervals as the Government may specify by notification in theOfficial Gazette by an Electrical Inspector (Lifts) or such officer appointed in this behalf by the Government.
2. (2) The Government may by notification in theOfficial Gazette, specify the rate of inspection fee to be charged for such periodical inspection.

Every owner of a lift or escalator or moving walk shall enter into a contract with the approved contractor, for the satisfactory maintenance, including cleaning, oiling, adjusting and repairing of the lift or escalator or moving walk.

If the licensee to whom licence has been granted under this Act has contravened any of the provisions of this Act or rules or any of the conditions of the licence or directions given to him or it, the Chief Electrical Inspector may, after giving a reasonable opportunity of being heard, suspend the licence for such period as he thinks fit or cancel it after recording the reasons therefor.

1. (1) Any person aggrieved by an order of the Chief Electrical Inspector to refuse licence for working of lift, escalator or moving walk under sub-section
2. (3) of section 7 or to suspend or cancel licence under section 19, may, within thirty days from the date of such order, file an appeal to the State Government.
3. (2) (i)Any person aggrieved by an order made by the Electrical Inspector (Lifts) under sub-section
4. (5) of section 8, may, within thirty days from the date of such order, file an appeal to the Chief Electrical Inspector.
   • (ii) Notwithstanding any appeal filed beforeChief Electrical Inspector against order of Electrical Inspector (Lifts) under sub-section
5. (1) of section 21, any order to discontinue the use of lift or escalator or moving walk made by the Electrical Inspector (Lifts) shall be complied with unless the Chief Electrical Inspector has stayed such order.
   • (iii) Any person aggrieved by an order made by the Chief Electrical Inspector, may file an appeal to the State Government, and the decision of the State Government thereon shall be final.

1. (1) If, upon an inspection by an officer authorized in this behalf by the State Government he is of the opinion that any lift or escalator or moving walk in any building is in an unsafe condition, he shall submit his report in writing to Electrical Inspector (Lifts), who may direct the owner of or his authorized representative to carry out such repairs or alterations to be made to such lift or escalator or moving walk, as he may deem necessary, within the period specified by him and may also order the use of such lift or escalator or moving walk to be discontinued until such repairs or alterations are carried out or such unsafe condition is removed to his satisfaction.
2. (2) The owner or his authorized representative, as the case may be, shall thereupon comply with the order within the period specified therein and shall forthwith report in writing to the Electrical Inspector (Lifts) of having so complied.

1. (1) Any lift or escalator or moving walk in respect of which a direction issued under sub-section
2. (1) of section 21 has not been carried out to the satisfaction of the Electrical Inspector (Lifts), such lift or escalator or moving walk, as the case may be, if found being used may be ordered to be sealed by the Electrical Inspector (Lifts).
3. (2) An appeal against an order under sub-section(1), shall lie to the Government whose decision thereon shall be final.

The owner shall, after the completion of the erection of such lift or escalator or moving walk, ensure third party insurance so as to cover the risk of passengers using such lift or escalator or moving walk.

The owner shall maintain a log book for each lift, escalator or moving walk and enter therein the details of operation, break-down (other than failure in electrical supply) and accident, if any.

Concurrent liability The lift or escalator or moving walk erection 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 or moving walk, due to malfunctioning of any of the safety provisions of the lift or escalator or moving walk, if attributable to such lift or escalator or moving walk erection or maintenance company.

If any building where lift or escalator or moving walk is installed gets decommissioned, an intimation about the same shall be given by the owner to the Electrical Inspector (Lifts) within a period of one month from date of decommissioning of lift, escalator or moving walk.

A lift or escalator or moving walk installed in the premises may be replaced by the owner of the lift or escalator or moving walk, after the period of twenty years of its installation or as directed by the Electrical Inspector (Lifts) under section 8.

The Government may, by an order in writing, direct that any of the provisions of this Act or the rules made thereunder shall be relaxed in any particular case to such an extent and subject to such conditions, as it may deem fit.

The State Government may delegate any of powers, except power to frame rules, conferred on it by or under this Act to the Chief Electrical Inspector or Electrical Inspector (Lifts).

All sums payable as fees under this Act shall be recoverable as arrears of land revenue.

The provisions of this Act shall apply to lift or escalator or moving walk installed by the Government and in the application of the said provisions to such lift or escalator or moving walk, the said provisions shall be deemed to have been adopted or modified as follows :— 1.In sub-section

1. (1) of section 9, for the words “every owner of a place in which an escalator or moving walk has been installed”, the following shall be substituted, namely:— “an application for a licence shall be made by the Government which has or on whose behalf an escalator or moving walk has been installed”. 2.In sub-section
2. (2) of section 15, for the words beginning with the words “the owner of a building” and ending with the words “he shall appoint”, the following shall be substituted, namely:— “for a building in which a lift or escalator or moving walk has been installed by the Government, the Government shall appoint”. 3.For clause(a) of sub-section
3. (1) of section 16, the following shall be substituted, namely:— “(a) where the Government is the addressee, at the office of the representative appointed by such Government under sub-section
4. (2) of section 15;”. 4.Section 32 shall be deleted.