(1) Where a licence to work a lift or escalator or travelator in any premises has been granted under this Act, such installation shall be inspected by an Inspector of Lifts or by an officer authorised in this behalf by the State Government at least once in every five year or more often if such Inspector or officer suo mato deems it necessary.
(2) An inspection fee as may be prescribed shall be levied from the owner of the premises for such inspection, irrespective of the number of such inspections made:
Provided that inspection may be made from time to time by such Inspector or officer at the request of the owner of the premises but a fee shall be levied for every such inspection from such owner.
(3) Any fee leviable under sub-section (2), may, without prejudice to any other mode of recovery, be recovered on application to a Magistrate having jurisdiction where the person liable to pay the sum is for the time being resident, by the distress and sale of any movable property belonging to such person.
Explanation.—Inspection includes testing also.
(4) The owner of any premises under this Act shall appoint a duly qualified and competent person or firm holding a certificate of registration granted in this behalf by such authority, in such manner and on payment of such fee, as may be prescribed for the proper maintenance of the lift installation and shall communicate the name of such person or firm to the Inspector of Lifts and also in the city of Kolkata to the Commissioner of Police and elsewhere to the District Magistrate within such time from the date of the granting of the licence as may be specified in the licence.
(5) Any change of person or firm appointed as aforesaid shall be notified to the Inspector of Lifts and also to the Commissioner of Police, Kolkata or the District Magistrate, as the case may be.
Renewal Provision in respect of existing lift, escalator or travelator.
Right to enter in any building for inspection of lift, escalator or travelator and its installation.
Inspection of lift installation and proper maintenance thereof.
6 THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 10, 2020 [PART III The West Bengal Lifts, Escalators and Travelators Act, 2019.
(Sections 11-15.)
Order for repairing lift, escalator or travelator and prohibiting use thereof.
Report of accident and inquiry.
Delegation of power of State Govemmnent.
Breach of terms and conditions.
Penalty.
11. If as a result of an inspection, the Inspector of Lifts or the officer duly authorised in this behalf is of the opinion that a lift or escalator or travelator in any premises does not fulfil any of the terms and conditions of the license or any rule made under this act or is in an unsafe condition or is likely to be attended with danger to human life, he may issue an order in writing on the owner, agent or occupier of the premises or other person responsible for the working of the lift or escalator or travelator calling upon him to comply with such term or condition or rule or require him within a time to be specified in the order to cause such repairs or alterations to be made to such lift or escalator or travelator as he may deem necessary, and may also, if necessary, forbid the use of such lift or escalator or travelator until such repairs or alterations are made or the cause of the danger is eliminated or the term, condition or rule is complied with.
12. (I) If any accident occurs in connection with the operation of a lift or escalator or travelator and the accident results or is likely to have resulted in the loss of human life or personal injury, the owner of the premises in which the lift or escalator or travelator is working or if such owner has appointed an agent and has communicated his name to the Inspector of Lifts under sub-section (3), such agent shall as soon as may be after the accident give notice to the Inspector of Lifts and also in the city of Kolkata to the Commissioner of Police and elsewhere to the District Magistrate with full details of the accident and any loss of human life or personal injury, and the working of such lift or escalator or travelator shall not be resumed except under the written permission of the Inspector of Lifts.
(2) For the purpose of section II and of sub-section (1), the owner of any premises in which a lift has been installed may, and if such owner does not reside in such village or town in which the premises are situated shall, appoint an agent who shall be resident in the town or village in which the premises are situated.
(3) The name of every agent appointed under sub-section (2) shall be communicated to the Inspector of Lifts and the Commissioner of Police, Kolkata or the District Magistrate, as the case may be.
13. The State Government may delegate any of the powers conferred on it by or under this Act to such officer as it thinks fit.
14. The breach of any of the terms and conditions under which a license is granted, shall render the licence liable to be suspended by an officer authorised in this behalf by the State Government for such period as may be specified in the order and if any terms or conditions of the license, for the breach of which the order of suspension is passed, are not complied with within such period, such officer may cancel the licence.
15. Whoever contravenes any of the provisions of this Act or any rule made thereunder or any order passed under sections 11 and 12 by an Inspector of Lifts or an officer authorised by the State Government shall, on conviction, be punishable with fine which may extend to ten thousand rupees and in the case of a continuing contravention with an additional fine which may extend to five hundred rupees for every day during which such contravention continued after conviction for the first such contravention.
PART lin THE KOLKATA GAZETTE, EXTRAORDINARY, JANUARY 10, 2020 7 Appeal.
Power of State Government to make rules.
The West Bengal Lifts, Escalators and Travelators Act, 2019.
(Sections 16, 17)