Maharashtra Lifts, Escalators and Moving Walks Act, 2017
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General201740 sections6 chapters
Chapter VI MISCELLANEOUS
36. Prohibition of use of lift, escalator or moving walk
Statutory text
- (1) No person shall use lift, escalator or moving walk, when owner, occupant or operator declares or puts up a warning that such lift, escalator or moving walk shall not be used as such as lift, escalator or moving walk : Provided that, nothing in this sub-section shall apply in respect of the person who are permitted to use such lift, escalator or moving walk for its repairs.
- (2) Any contravention of the provision of sub-section
- (1) shall be an offence and shall be punishable under section 32.
Chapter VI MISCELLANEOUS
37. Power to make rules
Statutory text
- (1) The State Government may, by notification in theOfficial Gazette, make rules to carry out the purposes of this Act.
- (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) qualifications of the person for appointment as Chief Electrical Inspector, Electrical Inspector (Lifts) and Assistant Electrical Inspector (Lifts) under sub-sections
- (1) and
- (4) of section 3;
- (b) qualifications to be possessed by the person for appointment as technical and other persons to assist Electrical Inspector (Lifts) and Assistant Electrical Inspector (Lifts) under sub-section
- (5) of section 3;
- (c) the form in which an application for permission to erect or install a lift or escalator or moving walk shall be made and the manner in which erection plans of lift, escalator or moving walk would be submitted, and such other particulars to be specified in the application for permission to erect a lift or escalator or moving walk under sub-section
- (1) of section 4;
- (d) the form of application for licence and the form of licence and the terms and conditions for grant of licence to electrical contractor under sub-section
- (1) of section 5 for erection, maintenance and testing of lift, escalator or moving walk and form of application for renewal thereof;
- (e) manner in which the lift, escalator or moving walk shall be inspected under section 6;
- (f) the form of application of licence for working of lift, escalator or moving walk; terms and conditions and form of licence under section 7;
- (g) the specifications for lift, escalator or moving walk under section 12;
- (h) form of intimation and report of accident and the time within which intimation and report of accident to be given under section 15;
- (i) any other matter which is required to be or may be prescribed, for carrying out the purposes of this Act.
- (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 or more successive sessions, and if, before the expiry of the session in which it is so laid or the session or sessions immediately following, both Houses agree in making any modification in any rule or both Houses agree that the rule should not be made, and notify their decision to that effect in theOfficial Gazette, the rule shall, from the date of publication of such decision in theOfficialGazette, 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 or omitted to be done under that rule.
Chapter VI MISCELLANEOUS
38. Act in addition to and not in derogation of any other Act
Statutory text
The provisions of this Act shall be in addition to, and not in derogation of, any other Act for the time being in force.
Chapter VI MISCELLANEOUS
39. Repeal of X of 1939 and saving
Statutory text
On the commencement of this Act the Maharashtra Lifts Act shall stand repealed: Provided that, the repeal shall not affect,—
- (a) anything done or any action taken or purported to have been done or taken including any rule, notification, inspection, order or notice made or issued; or
- (b) any appointment, confirmation or declaration made or any licence, permission, authorization or exemption granted; or
- (c) any document or instrument executed or any direction given under the repealed Act, in so far as it is not inconsistent with the provisions of this Act, and shall be deemed to have been done or taken under the corresponding provisions of this Act;
- (d) any investigation, legal proceeding or remedy instituted before the commencement of this Act may be continued or enforced as if this Act had not been commenced.
Chapter VI MISCELLANEOUS
40. Power to remove difficulties
Statutory text
- (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, as occasion arises, by an order published in the Official Gazette, do anything not inconsistent with the provisions of this Act, which appears to it to be necessary or expedient for the purposes of removing the difficulty: Provided that, no such order shall be made after the expiry of the period of two years from the date of commencement of this Act.
- (2) Every order made under sub-section
- (1) shall be laid, as soon as may be, after it is made, before each House of the State Legislature.
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