Registered No. - 768/97 THE ASSAM GAZETTE \5PlTtJT<fet EXTRAORDINARY m~ 4i~~~~ 2l<tllprl~ PUBLISHED BY THE AUTHORITY 'l~ 61 ~~, ~~~, 10 m6, 2006, 19 <ft~~ , 1927 ("J<i» No .61 Dispur, Friday, 10th March, 2006, 19th Phalguna, 1927 (S.E.)
GOVERNMENT OF ASSAM ORDERS BY THE GOVERNOR LEGISLATNE DEPARTMENT ::: LEGISLATNE BRANCH NOTIFICATION The 9th March, 2006 No. LGL.148/2004/6.- The following Act of the Assam Legislative Assembly which received the assent of the Governor is hereby published for general information.
ASSAM ACT NO . V · OF 2006 (Received the assent ofthe Governor on 6th March, 2006) THE ASSAM LIFTS AND ESCALATORS ACT, 2006 AN ACT 334 THE ASSAM GAZETTE, EXTRAORDINARY, MARCH 10, 2006 Prc.uuhlc -, to provide for the regulation of the installation, maintenance and safe working of electric lifts and escalators and of all machinery and apparatus pertaining thereto in the state ofAssam.
Whereas it is expedient to provrde for the rcgulauon or the instal lation, maintenance and safe working of electric lifts and escalators and ofall machinery and apparatus pertaining thereto in the state ofAssam:
It is hereby enacted in the Fitly-seventh Year of the Republic of India as fol lows> Short title, extent and commencement De fi nit ion s
1.
2.
( I) This Act may be called the Assam Lifts and EscalatorsAct, 2006 .
(2) It extends to the whole ofAssam.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
In this Act, unless the context otherwise requires-
(a) "Baluster" means a short pillar slender above and bulging below;
(b) "Balustrade" means a row of balusters meant for supporting moving handrails;
(c) "Chief Inspector" and "Inspector" means respectively the persons appointed to be the ChiefInspector of lifts and escalators and the Inspector oflifts and escalators under sub-section (I) of section 15;
(d) "combplate" means a pronged plate that forms part of an escalator landing and engages with the cleats of the steps at the limits of travel ;
(e) (I) "es calator" means a power d riven inclined continuous sta irway used for raising or lowering passengers;
"esc ala tor installation" includes the escalator, the track, the trusses or girders, the balustrading, the step treads and landings and all ch a ins, wires and plants directly connected with the operation of the escalator;
I ~-,
(g) "license" means a license granted under section 4;
THE ASSAM GAZETTE, EXTRAORDINARY, MARCH 10, 2006 335 Permission to erect 3.
lift or escalator
(h) "lift" means an appliance designed to transport persons or materials between two or more levels in a vertical or substantially vertical di rection by means of a guided car or platform;
(i ) "lift car" means the load carrying unit with its floor or platform car-frame and enclosing body work;
(j) "lift installation" includes the lift car, the lift way, the lift way enclosures and the operating mechanism ofthe lift and all ropes, cables, wires and plant, directly connected with the operation of the lift ;
(k) "power" means any form ofenergy, which is not generated by human or animal agency;
(1) "prescribed" means prescribed by rules ; -
(10) "rated speed " means the speed at wh ich the lift or escalator is designed to operate;
(n) "rules" means rules made under this Act;
(0) "owner" means - (i ) a lessee, (i i) a licensee, (i ii) a mortgagee in possession, and
(iv) any person or authority to whom or to which the possession of and control over the affairs of the place in which a lift has been erected and work has been entrusted whether such person or authority is called a managing trustee, an agent, a correspondent, manager, superintendent, secretaryor by any other name whatsoever.
(I) Every owner ofa place intending to install a lift or an escalator in such place after the commencement of this Act,shall submit an application in such form as may be prescribed, to such officer as the State Government may authorize in this behalf, for permission to erect such lift or escalator. Such application shall specify -
(a) the type of the lift or escalator;
(b) the rated maximum speed ofthe lift or the speed at which the escalator is designed to operate;
(c) the maker's or designer's rated capacity in weight;
·336 - THE ASSAM GAZETTE, EXTRAORDINARY. MARCH 10, 2006
(d) the maximum number ofpa.ssengers in addition to the lift operator which the lift can carry;
(e) the total weight ofthe lift car carrying the maximum load;
(f) the weight of the counter weight of the lift;
(g) the number, description, weight and size of the supporting cables of the lift or escalator;
(h) the depth of the pit from the lowest part of the car when at the lowest floor of lift;
( i) su ch details of the construction of the overhead arrangement with the weights and size ofthe beams for the lift asmay be prescribed ;
(j) ang le of inclination for escalator;
(k) type ofbalustrading in escalator;
(I) the width between balustrades in escalator;
(m ) details ofhandrails, steps treads, landing, comb plates, trusses or girders and step wheel tracks in escalator;
(n ) the rated load in Kilogram on escalator;
(0) the factor of safety based on the static loads in the lift or escalator, and
(p) such other particulars as may be prescribed .
(2) On receipt ofan app! ication under sub-section (I ), the officer author ized under this section shall , after making such inquiry and requiring the applicant to furn ish such information as may , be necessary, forward the application with his/her remarks to the Ch ie f Inspector. The Chief Inspector may there upon eith er grant or refuse the permission to erect lift or escalator.
The permission so granted shall be valid for a period of six months from the date on which it is granted or for such further .period not exceeding six months as may beallowed by the Chief Inspector'for sufficient reasons. .
(3) On grant of permission under sub-section (2), the owner shall get his lift or escalator erected by a person authorized under section 13.
THE ASSAM GAZETTE, EXTRAORDINARY, MARCH 10, 2006 337 License for working 4. (I ) The owner who is permitted to install a lift or escalator under of lift section 3 shall, within one month after the completion oferection of such Ii ft or escalator, make an appl ication to such officer as the State Government may authorize in this behalf, for a license for operating the lift or an escalator.
(2) An application for license made under sub-section (]) shall be in such form and accompanied by such fees as may be prescribed .
(3 ) On receipt of an application under .sub-section (I), such officer may, after making such inquiry as may be necessary, forward the application with his remarks to the Chief Inspector.
(4) If the ChiefInspector is satisfied that the applicant has complied with the requirements of the provisions of this Act, he may grant the license to use lift or escalator in such form and on such terms and conditions as may be prescribed:
..,
Provided that where the Chicflnspector refuses to grant the license, he shall give a reasonable opportunity of being . . heard to the appl icant.
Provision in respect 5. (I) Notwithstanding anything contained in sections 3 and 4, every of existing lift owner of a place in which a lift or an escalator has been installed before the date of the commencement of this Act shall, within three months from such date apply for a license for operating of such lift or escalator.
(2) The provisions of sub-sections (2) and (3) of section 4 shall, .
as far as may be, apply to such application.
Duration and renewal 6. ( I ) Every license shall be valid for it period of three years from of licenses the date on which it is granted.
(2) A license may be renewed on anapplication made in that behalf to the Chief Inspector in such form and accompanied by such fee as may be prescribed along with the report made under section 16 and every such application shall be made not less than thirty days before the date on which the period of validity of the license is due to expire.
Compliance ofterms 7. No lift or escalator shall be operated except under and in conformity and conditions of with the terms and conditions ofthe license granted in respect ofthe same.
license 338 THE ASSAM GAZETTE, EXTRAORDINARY, MARCH 10, 2006 Power to cancel or 8.
suspend license Addition or alteration 9.
of lift installation If the licensee has contravened any ofthe provisions ofthe Act or rules or any ofthe conditions of the licenseor directions given to him, the Chief Inspector may, after giving a reasonable opportunity of being heard, suspendthe license for such period as he thinks fit or cancel it.
No additions or alterations other than those required to be made under sub-section (2) ofsection 10 shall be made to any lift or escalator installation except with the previous permission in writing of an officer authorized in this behalfby the State Government. .
Power to entry Appeal
10. ( I ) An officer authorized in this behalf by the State Government or a person authorized under section 13 may, at any time after giving a reasonable notice to the occupant, enter upon any building in which a lift or an escalator is installed or is being installed or in connection with which an application has been made for license for the purpose of inspecting the lift or escalator or lift Of escalator installation or the site thereof. ., .
(2) If the officer, on such inspection, or on the basis of report made under sub-section (3) of'section 16 is of the opinion that any lift or escalator in any building is in unsafse condition, he may direct by an order to the owner ofthe building or his agent appointed under sub-section (2) of section 14 to make such repairs or alterations to be made to such lift or escalator as he may deem necessary, within the time specified therein . and may also ifnecessary order, the use ofsuch lift or escalator t~ be discontinued until such 'repairs or alterations are made or such unsafe condition is removed. Th~ owner'or, as the case may he, his agent shall thereupon comply with the order within the period specified therein and shall forthwith report 10 writing to the officer of having so complied with.
11. ( 1) Any person aggrieved by an order of the ChiefInspector made under sub-section (4) of section 4 or section 8, may within thirty days from the date ofsuch order, appeal to the State Government.
(2) Any person aggrieved by an order of the officer made und~r sub-section (2) . of section 10, may within thirty days from the date of suchorder, appeal to the Chief Inspector.
(3) Any person aggrieved by an order of the ChiefInspector made under sub-section (2),· may within thirty days from the date of such order, appeal to the State Government.
THE ASSAM GAZETTE, EXTRAORDINARY, MARCH 10, 2006 339 Owner to give facilities for inspection
(4) All appellate authority may pass such order on appeal as it deems just and proper.
(5) The order made by the Chief Inspector on appeal, shall be subject to the appeal to the State Government, and the decision of the State Government on appeal shalt be final and shall not be called in question in any court.
(6) Notwithstanding any appeal made under this section, any . order to discontinue the use of lift or escalator made by the officer under sub-section (2) of section 10 shall be complied with unless the appellate authority has suspended such order.
. ,
12. Theowner ofa building, in which a lift or an escalator is installed or his agent appointed under sub-section (2) of section 14 shall afford allreasonable facilities to the officer or a person authorized under section 13 for inspecting a lift or an escalator under sections 10 and 16 and whenever ordered to do so by the officer shall, at his own cost, procure at such inspection the attendance of the person, ifany with whom he has entered into a contract for the erection or maintenance ofthe lift or an escalator (being a person authorized under section 13 for the work oferection or maintenance ofa lift or an escalator) or a representative of such person who iscompetent to assist the officer in inspecting the lift or an escalator.
Erection, addition or 13. ( I ) alteration work of lift installation to b·e entrusted to competent persons.
No owner erecting, adding to or altering a lift installation, shall entrust the work to any person unlessduly authorized by the Chieflnspector for the purpose of carrying out erection, maintenance, inspection and test of lift or escalator.
Report of accident
(2) The manner, terms and conditions and the fees for authorization under sub-section (1) shall be such as may be prescribed.
(3) No person shall be authorized under sub-section ( I) unless he fulfils qualifications and such other requirements as may be prescribed.
14. (1) Where any accident occurs in the operation of any lift or escalator which results or is likely to have resulted in loss of human life or injury to any person, the owner of the building in which the lift or escalator is working or if such owner has appointed an agent and has communicated his name to the Inspector under sub-section (3), such agent, shall as soon as may be after such accident, give notice in such form and in such manner as may be prescribed, with full details of the 340 THE ASSAM GAZETTE, EXTRAORDINARY, MARCH 10. 2UU6 accide nt to the Inspector, the Superintendent of Police of the concerned area and to the District Magistrate or such other officer as the State Government may, by order specify and the lift or escalator installation shall not be interfered with in any manner and the working ofsuch Ii ft or escalator shall not be res umed except, with the written permission of the officer authorized in th is behalf by the State Government.
(2 ) For the purposes ofsub-section (] ), the owner ofevery building in whi ch a lift or an escalator has been installed, or in the case where such owner does not reside in such building, an agent (who shall be a resi dent in the town or village in which the buil ding is situated) appointed by the owner, shall give notice ofany accident occurring in the operation ofthe lift or escalator.
(3) The name ofevery agent appointed under sub-section (2) shall be communicated in writing to the Inspector.
(4) The State Government may authorize the Inspector or any other competent person appointed in this behalf, to inquire and report-
(a) as to the cause of any acci dent affecting the safety of the persons which may have been occasioned by, or in connection wi th, the lift or escalator installation; or
(b) as to the manner in, and extent to which the provisions of this Act or the rules made hereunder so far as those provisions affect the safety of any person have been complied with.
(5) Eve ry Inspector or other person holding an inquiry under sub-sect ion (4) shall have all the powers ofa Civil Court under the Code of Civil Procedure, 1908 (Act V.of 1908) for the purpose of enforcing thc attendance ofwitness and compelIing the production ofdocuments and material objects; and every person required by an Inspector or such other person as aforesaid to furnish any information shall be deemed to be legally bound to do so within the meaning of section 176 of the Indian Penal Code, 1860 (Act XLV of 1860) .
THE ASSAM GAZETTE. EXTRAORDINARY, .MARCH 10. 2006 341 Appointment of 15. (I ) Chief Inspector and lnspector(s) of lifts and escalators The State Government may,by notification in the Official Gazette, appoint persons duly qualified as Electrical Inspector under the Electricity Act, 2003 (Act NO.36 of 2003), to be -
(a) The Chieflnspector oflifts and escalators;
(b) The Inspector of lifts and escalators.
Inspection and charges of fees
(2) The ChiefInspector so appointed shall, in addition to the powers conferred on him under this Act, exercise the powers of an Inspector through out the State.
(3) Every Inspector so appointed shall exercise the powers and perform the functions of the Inspector under this Act within such areas or in respect of such class of lift or escalator installations and subject to such restrictions as the State Government may direct.
(4) The State Government may,by notification in the Official Gazette, appoint persons duly quali lied to assist an Electrical Inspector under the Electricity Act, 2003 (Act No.36 of 2003) to be the Assistant Inspector of lifts and escalators.
16. (I) Every lift or-escalator -
(a) shall be inspected by the officer authorised in this behalf by the State Government -
(i) before the grant ofa license under section 4; and
(ii) in everythree years from the date ofgrant oflicense;
(b) may be inspected by such officer to check up compliance with the order made under sub-section (2) ofsection 10, if necessary,
(2) Notwithstanding anything contained in sub-section (1), the owner ofa building in which a lift or an escalator is installed, shall get his lift or escalator inspected and tested by a person authorized under section 13 at an interval ofevery six months from the date of grant of Iicense under section 4 and shall submit such inspection and test report to the Chief Inspector.
(3) The officer authorised under clause (a) ofsub-section (I) and the person who has inspected and tested the lift or escalator under sub-section (2) shall submit their report to the Chief Inspector in such form as may be prescribed.
(4) The fee as may be prescri bed shal I be paid by the owner ofthe building in which the lift or escalator is installed for each inspection under sub-section (1) and such fee shall be inclusive of the fee for the inspection of electrical installation attached to the lift or escalator installation. The fee shall be paid within such period and in such manner as may be prescribed .
342 THE ASSAM GAZETTE, EXTRAORDINARY, MARCH io. lUUb ( 5) Where the owner or any person liab le to pay fee under this section does not pay the same ~ithin the prescribed period, there shall be paid by such owner for the period commencing immed iately after the prescribed period and ending on the date of payment of fees, simple interest at the rate of twenty-four percent per annum on the amount of fees not so paid.
Recovery of fees etc .
Penalty Offences by com parues t 7. All sums payable as fees or interest under this Act shall he recoverable as arrears of land revenue.
18. Whoever contravenes any of the provisions of th is Act, rules or the conditions of a license or a direction given by the Chief Inspector under th is Act or the rules shall , on conviction , be punishable with fine not exceeding five thousand rupees and, in the case ofcontinuing contravention, with an additional fine which may extend to one hundred rupees for every day during which such contravention continues after conviction for the first such contravention.
t 9. .( I ) Where an offence under thisAct has been committed bya company, every person who at the time the offence was committed, was in-charge ofand was respons ible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be gu ilty of the offence and shall be liable to be proceeded against and punished accordingly :
Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, ifhe proves that the offence was committed without his knowledge arid that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (I), where an offence under this Act has been committed by a company and it is pro ved that the offence has been committed with the consent or connivance of or is attributable to any neglect on the part of any director, manager, secretary, or other officer of the company, such director, manager, secretary, or other officer shall also be deemed to be g uilty of that offence and . shall be liableto be proceededagainst and punishedaccordingly.
Explanation. - For the purpose of th is section -.
(a) "Company" means any body corporate and includes a firm or other association of individuals and;
(b) "Director" in relation to a firm, means a partner in the finn .
THE ASSAM GAZETTE, EXTRAORDINARY, MARCH 10, 2006 343 Cognizance of offences
20. No court shall take cognizance ofany offence under this Act except with the previous sanction ofthe ChiefInspector or the State Government.
Service of notices, 21.
orders or documents I) Every notice, order or document by order under this Act required or authorized to be addressed to any person may be served by 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 not being in India , at the head office of the company ill India.
(c) where any other person is the addressee, at the usual or last known place of abode or business of the person .
I.
Protection for 22.
action done in good faith Lift installed by the 23.
Government
(2) Every notice, order ordocument by or under this Act required or authorized to be addressed to the owner or the agent 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 "agent ofthe owner" or "occupant" ofthe 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 personon the premisesto whom the same can with reasonable diligence be delivered, by affixing it on some conspicuous part of the premises.
No suit, prosecution or other legal proceedings shall be instituted against any officer for anything which is in good faith done, or intended to be done under this Act or the rules or orders made thereunder.
In the application of the provisions of th is Act to lifts or escalators installed by the Government, the provisions ofthis Act shall be deemed to have been adopted or modified to the extent specified below :- 1) In section 5, in sub-section (1), for the words "every owner" shall he substitutedby the words "every Government Officer-in-charge".
2) In section 14, in sub-section (2), -
(i) for the words beginning with the words "the owner of everybuilding"andendingwiththe words"in such building", the following shall be substituted, namely - "for every building in which a lift or an escalator has been installed by Government, the Government or" :
(ii) for the words "appointed by the owner" the words "appointed by the Government" shall be substituted.
344 THE ASSAM GAZETTE. EXTRAORDINARY, MARCH 10, 2006 3) In section 21, in sub-section (1), for clause (a), the following shall be substituted, namely : -- "(a) where Government is the addressee, at the office of the agent appointed by Government under sub-section (2) of section 14".
Power to make rules 24 , (I) The State Government may , by notification in the Official 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 ) the specifications for lifts and escalators;
(b) the manner in which erection plans of lifts and escalators shall be submitted:
(c) the manner in which the lifts and escalators may be tested ;
(d) the form of application for permission to erect a lift or escalator under sub-section (I) of section 3;
(e) details o&the construction of the overhead arrangement with the weights and sizes of the beams under item (i) of sub-section (I) of section 3;
(f) other particulars which the application for permission to erect a lift or an escalator shall speci fyunder item (p) of sub-section (I) of section 3;
tg) the form in which an applr catiou for license be made and the fee which shall accompany such application under sub-section (2) of section 4;
(h) the form in which and the terms and conditions on which the license may be granted for the working ofa lin or an escalator under sub-section (4) of section 4;
( i) the form in which an application for renewal oflieensc shall be made and the fee which shall accompany such application under sub-section (2) of section 6;
(j) the form of notice to be given under sub-section ( I) of section 10;
THE ASSAM GAZETTE, EXTRAORDINARY, MARCH 10, 2006 345 Affect on Electricity 25.
Act, 2003 (I\.) theform inwhich anapplicationtorobtaining authorisation shall be made and the fee and the particulars which shall accompany such application under sub-section (2) of Section 13;
(I) the qualification and other requirements for obtaining authorisation under sub-section (3) of section 13;
[rn] the form and the manner in which notice of accident shall be given under sub-section (1) ofsection 14;
(n) the rate of fee which shall be charged for inspection of every lift or escalator and the period within which and the manner in which such fee shall be paid under sub-section (4) of section 16;
(0) Any other matter which is to be, or may be prescribed.
(3) All rules made by the State Government under this Act shall, as soon as may be after they are made, be laid before the State I.egislative Assembly while it is ill session, for a total period ofnot less than fourteen days which may be comprised in one session or two or more successive sessions, and shall, unless some later date is appointed; take effet from the date of their publication in the Official Gazette subject to such modifications or annulments as the Legislative Assembly may, during the said period agree to make, so however, that any such modification or annulment shall be without prejudice to the validity of unvthing previously done tbcreundcr Nothing contained in this Act shall affect the provisions of the ElectricityAct, 2003 (Act No.36 of2oo3) or any rules made thereunder.
M.KDEKA, Commissioner & Secretaryto the Govt.ofAssam, Legislative Department.
GUWAHATI- Printed & Published by the Dy. Director (P&S), Directorate ofPtg. & Sty., Assam, Guwahati-21,(Ex-Gazette) No. 121-500-600-10-3-2006.