Report of accidents and inquiries thereof

12 (1) In case of any accident during operation of a lift or escalator resulting into loss of or injury to human or animal life, it shall be obligatory on the part of the owner or any other person duly authorized by owner for the purpose to inform the District Magistrate and in-charge of Police Station having jurisdiction or any other such officers as the Government may authorize in this behalf without any delay but not later than 24 hours of the occurrence of the accident.

1. (2) In case of an accident under section 12(1), the lift or escalator installation shall not be interfered with in any manner except for the rescue operation and the working of such lift or escalator shall not be resumed except with the prior written permission of the District Magistrate who shall give permission only after taking a technical report from Electrical Inspector having jurisdiction.
2. (3) A separate logbook of accidental history shall be maintained and displayed near lift or escalator installed in Public Premise and the same shall be produced when asked by any such officers as the Government may authorize in this behalf.
3. (4) In case of any accident under section 12(1), the District Magistrate shall require any Electrical Inspector and an Executive Magistrate, jointly, to inquire and report-
   • (a) as to the cause of any accident affecting the safety of the public, which may have been occasioned by or in connection with the installation, operation and maintenance of lift or escalator ; or
   • (b) as to the manner in, and extent to which the provisions of this Act or the rules made thereunder , so far as those provisions affect the safety of any person, have been complied with. The District Magistrate , while ordering the inquiry , shall indicate a period within which the report shall be submitted.
4. (5) Every Electrical Inspector and Executive Magistrate holding an inquiry under sub section (4) of this section shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 (Act no. 5 of 1908) for the purpose of enforcing the attendance of witness and compelling the production of documents and the material objects, and every person required by an Electrical Inspector or such other person who are legally bound to do so within the meaning of section 176 of Indian Penal Code , 1860 (Act no. 45 of 1860).
5. (6) The inquiry shall be concluded as expeditiously as possible, but not later than the time-limit indicated by District Magistrate and the Inquiry Report shall be submitted to the District Magistrate.
6. (7) Financial compensation shall be paid to the family of the deceased or to the person injured or his legal guardian , in case of a minor, in case of accident under section 12(1) in the manner as may be prescribed by the Government for the purpose, by the owner not later than the period prescribed since submission of inquiry report . Owner may recover the compensation partly or fully from anyone found responsible for the accident in the inquiry report or any insurance claim.
7. (8) The District Magistrate shall ensure that due compensation is paid to the family of the deceased or to the person injured in the accident under section 12(1) as expeditiously as possible, but not later than the time-limit indicated by District Magistrate. In case of any delay or failure to pay compensation by the owner, the District Magistrate shall use coercive provisions as done for the recovery as arrears of land revenue.