MAHARASHTRA LIFTS, ESCALATORS AND MOVING WALKS ACT, 2017 THE MAHARASHTRA LIFTS, ESCALATORS AND MOVING
WALKS ACT, 2017 [Act No. 15 of 2018] [17th January, 2018] An Act to provide for the regulation of the
construction, erection, maintenance and safe working of all classes of lifts,
escalators, moving walks and all machinery and apparatus pertaining thereto in
the State of Maharashtra and for matters connected therewith or incidental
thereto. WHEREAS
due to rapid improvements in technology and standards, radical changes have
been ushered in the field of lifts, and new equipments like escalators, moving
walks have been introduced which are not covered under the Maharashtra Lifts
Act (X of 1939); AND
WHEREAS due to rapid improvements in technology and standards, it is expedient
to make a comprehensive law to provide for regulation of the construction,
erection, maintenance and safe working of all classes of lifts, escalators and
moving walks and all machinery and apparatus pertaining
thereto, and to provide for matters connected therewith or incidental thereto; it is
hereby enacted in the Sixty-eighth Year of the Republic of India as follows:-- (1)
This Act may be called the Maharashtra Lifts,
Escalators and Moving Walks Act, 2017. (2)
It extends to the whole of the State of
Maharashtra. (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)
"approved contractor" or
"contractor" means a person or a firm or company who possess a
license for erection, maintenance or testing of lift, escalator or moving walks
issued by the Chief Electrical Inspector; (b)
"Assistant Electrical Inspector
(Lifts)" means a person appointed by the Government under sub-section (4)
of section 3 to assist Electrical Inspector (Lifts); (c)
"authorized representative" means a
person or a firm who is empowered by the owner, to act on his behalf, for the
purposes of the Act; (d)
"balustrade" means a part of the
escalator or moving walk which ensures the user's safety by providing
stability, protecting from moving parts and supporting the handrail; (e)
"brake load" means a load on step
or pallet or belt for which the brake system is designed to stop the escalator
or moving walk; (f)
"Chief Electrical Inspector" or
"Electrical Inspector (Lifts)" means the person appointed as the Chief
Electrical Inspector or Electrical Inspector (Lifts) by the Government under
section 3; (g)
"escalator" means a power-driven,
inclined continuous moving stairway used for raising or lowering persons in
which the user carrying surface, i.e. steps remain horizontal; (h)
"escalator installation" means an
installation which includes the escalator, the operating mechanism, the track,
the trusses or girders, the balustrade, the step treads and landings and all
chains, wires and plants directly connected with the operation of the
escalator; (i)
"Government" or "State
Government" means the Government of Maharashtra; (j)
"initial inspection" means the
verification of reports of tests conducted on site, verification of all
relevant documents, including inspection of or checking of operation of all
safety devices of lift or escalator or moving walk in view of safety, before
grant of license; (k)
"license" means a license granted
under this Act; (l)
"lift" means an equipment designed
to safely carry passengers or goods or both, that moves between guide rails in
a substantially vertical direction, and equipped with hoisting and lowering
mechanism with electric traction or hydraulic drive serving defined landing
levels, and is suspended by ropes or belts or jack excluding the hoists or
lifts which are covered under the Factories Act, 1948 (63 of 1948); (m)
"lift car" means the cage or car of
a lift used whether for the conveyance of passengers or goods or both or
automobiles and includes the floor or platform, car frame, sling and enclosing
body work including roof and door or doors; (n)
"lift installation" includes the
lift car, the lift well, the operating mechanism of the lift and all ropes or
belts, cables, wires and plant, directly connected with the operation of the
lift; (o)
"lift pit" means the space in the
lift well below the level of the lowest lift landing served; (p)
"moving walk" means a power-driven
installation for the conveyance of persons or passengers in which the user
carrying surface remains parallel to its direction of motion and is
uninterrupted (e.g. pallets, belt); (q)
"moving walk installation" means an
installation which includes the moving walk, the operating mechanism, the
track, the trusses or girders, the balustrade, the step treads and landings and
all chains, wires and plants directly connected with the operation of the
moving walk; (r)
"occupant" means the owner or
person in occupation of the premises where lift, escalator or moving walk is
installed or proposed to be installed; (s)
"owner" means a person or a body of
persons or a body corporate who owns or operates or maintains lift, escalator
or moving walk; (t)
"periodical inspection" means on
site verification of test reports, checking or inspection of operation of
safety devices and verification of all related documents of lifts or escalator
or moving walk after initial inspection at least once in a year or at such
earlier intervals as the Government may specify by notification in the Official
Gazette; (u)
"power" means any form of energy
which is not generated by human or animal agency; (v)
"prescribed" means prescribed by
rules; (w)
"rated load" or "contract
load" means the load at which the lift is designed to move as specified in
the approved drawings; (x)
"rated speed" in case of a lift
means maximum speed of the lift car in any part of its travel in up and down
direction for which the lift equipment has been designed and in case of an
escalator or moving walk means a speed in the direction of the movement of the
steps, pallets or belt for which the escalator or moving walk has been designed
as specified in the approved drawing; (y)
"rules" means rules made under this
Act. (1)
The State Government may, by notification in
the Official Gazette, appoint persons possessing such qualifications as may be
prescribed, to be? (a)
the Chief Electrical Inspector; (b)
the Electrical Inspector (Lifts); for the
purposes of this Act. (2)
The Chief Electrical Inspector so appointed
shall, in addition to the powers conferred on him under this Act, exercise the
powers of an Electrical Inspector (Lifts) throughout the State. (3)
Every Electrical Inspector (Lifts) so
appointed shall exercise the powers and perform the functions of the Electrical
Inspector (Lifts) under this Act within such areas or in respect of such class
of lift or escalator or moving walk installations and subject to such
conditions as the State Government may, by an order, direct. (4)
The State Government may, by notification in
the Official Gazette, appoint persons possessing such qualifications as may be
prescribed, as the Assistant Electrical Inspector (Lifts) for assisting the
Electrical Inspector (Lifts). (5)
The Government may appoint such number of
technical and other persons as may be necessary, possessing such
qualifications, as may be prescribed to assist the Electrical Inspector (Lifts)
or Assistant Electrical Inspector (Lifts). (1)
Every owner of a place intending to install a
lift or escalator or moving walk in a place after the commencement of this Act,
shall make an application in such form as may be prescribed to the Electrical
Inspector (Lifts) for permission to erect lift or escalator or moving walk.
Such application shall be accompanied by the erection plans of lift, escalator
or moving walk which may be submitted in such manner, as may be prescribed.
Such application shall contain the following particulars:-- (i)
For lift: (1)
type of lift; (2)
rated speed of lift; (3)
passenger capacity of lift; (4)
rated load of lift; (5)
total weight of lift car carrying the maximum
load; (6)
weight of counterweight of the lift; (7)
number, description, weight and size of the
supporting suspension media of lift; (8)
depth of lift pit and lift overhead; (9)
number of stops; (10)
such other particulars, as may be prescribed. (ii)
For escalator or moving walk: (1)
type of escalator or moving walk; (2)
rated speed of escalator or moving walk; (3)
rated passenger carrying capacity per hour of
escalator or moving walk; (4)
brake load of escalator or moving walk; (5)
angle of inclination for escalator or moving
walk; (6)
type of balustrade in escalator or moving
walk; (7)
step width between balustrades in escalator
or moving walk; (8)
details of total travel, rise, landings of
escalator or moving walk; (9)
number of flat steps; (10)
factor of safety for driving elements based
on static load; (11)
such other particulars, as may be prescribed. (2)
Every application for issue of erection or
installation permission under sub-section (1) shall be accompanied by such fee,
as may be specified by the Government by notification in the Official Gazette. (3)
On receipt of such application, the
Electrical Inspector (Lifts) shall, after making such an inquiry and requiring
the applicant to furnish such information as may be necessary, forward the
application with his remarks to the Chief Electrical Inspector who may
thereupon either grant or refuse the permission to erect or install lift,
escalator or moving walk, as the case may be. If such permission has been
granted it shall be valid only for a period of one year from the date on which
it is granted or for such further period of six months at a time as may be
allowed by the Chief Electrical Inspector for sufficient reasons in writing. (4)
No person, including the owner of the lift or
escalator or moving walk, shall get lift or escalator or moving walk erected or
installed without obtaining prior permission of erection or installation from
the Chief Electrical Inspector. (5)
On grant of permission under sub-section (3),
the owner shall get lift or escalator or moving walk erected or installed by
approved contractor holding a valid license under this Act. (1)
Any person or body of persons or body
corporate having valid electrical contractor license issued by the Licensing
Board constituted under the provisions of the Central Electricity Authority
(Measures relating to Safety and Electric Supply) Regulations, 2010 framed
under the Electricity Act, 2003 (36 of 2003), who intends to obtain a license
for erection, maintenance and testing of lifts, escalators or moving walks, may
make an application in such form as may be prescribed to the Electrical
Inspector (Lifts). Such application shall
be accompanied by such fees as may be specified by the Government, from time to
time, by notification in the Official Gazette. (2)
On receipt of such application, the
Electrical Inspector (Lifts) may require the applicant to furnish such
information as may be necessary and after making such enquiry forward the
application with his remarks to the Chief Electrical Inspector. (3)
The Chief Electrical Inspector may grant a
license to such person, body of individuals or body corporate in such form as
may be prescribed for erection, maintenance and testing of lifts, escalators or
moving walks subject to such terms and conditions as may be prescribed or
refuse the same after recording reasons therefore. (4)
The license granted under sub-section (3)
shall be valid for such period as the Government may specify by notification in
the Official Gazette, subject to the validity of Electrical Contractors License
issued under the Central Electricity Authority (Measures relating to Safety and
Electric Supply) Regulations, 2010. (5)
An application for the renewal of license
granted under sub-section (3) shall be submitted to the Chief Electrical
Inspector through concerned Electrical Inspector (Lifts) at least thirty days
prior to the date of expiry of license or renewed license, as the case may be,
in such form as may be prescribed and shall be accompanied by such fees as may
be specified by the Government, from time to time, by notification in the
Official Gazette. (1)
Before granting of license for working of a
lift or escalator or moving walk, the Electrical Inspector (Lifts) or Assistant
Electrical Inspector (Lifts) shall inspect in such manner as may be prescribed
the safe working of lift, escalator or moving walk, as the case may be, and
verify the reports of the tests conducted on site and all relevant documents. (2)
Inspection fee shall be charged for initial inspection
at such a rate, as may be specified by the Government by notification in the
Official Gazette. (1)
Every owner of a place who is permitted to
erect or install a lift or escalator or moving walk under section 4, shall,
within one month after the completion of the erection or installation of such
lift or escalator or moving walk deliver or send or cause to be delivered or
sent to the Electrical Inspector (Lifts) the notice in writing of such
completion and shall make an application to him for a license for working or
using the lift or escalator or moving walk. (2)
An application for a license under
sub-section (1) shall be in such form as may be prescribed. Such application
shall be accompanied by such fees, as may be specified by the Government, from
time to time, by notification in the Official Gazette. (3)
On receipt of such application the Electrical
Inspector (Lifts) after making such inquiry as may be necessary forward the
application with his remarks to the Chief Electrical Inspector. The Chief
Electrical Inspector may, thereupon, either grant the license in such form and
subject to such terms and conditions, as may be prescribed or refuse the
license. (4)
The Chief Electrical Inspector shall record
reasons in writing for refusal of license under sub-section (3). (5)
The owner who has been granted license under
sub-section (3) shall get his lift or escalator or moving walk maintained by
the approved contractor who has been granted license under this Act. (6)
The application for license shall be
accompanied by a certificate signed by the approved contractor in the following
format:-- "I
............., the approved contractor, have carried out the examination,
inspection and testing of the lift, escalator or moving walk in accordance with
the Maharashtra Lifts, Escalators and Moving Walks Act, 2017 and the rules
framed there under, and I am of the opinion that the installation is fit for
use.". (1)
The license granted for working of the lift,
escalator or moving walk shall be valid for a period of twenty years from the
date on which it is granted. (2)
Before expiry of the period of license, the
licensee may make an application for its renewal. The license may be renewed
for not more than five years at a time subject to satisfaction of the
Electrical Inspector (Lifts) about the safe operation of the lift, escalator or
moving walk. (3)
The renewal of the license shall be subject to
the proper maintenance of the lift, escalator or moving walk. (4)
The application for renewal of license shall
be accompanied with such fees, as may be specified by the Government, from time
to time, by notification in the Official Gazette. (5)
The Electrical Inspector (Lifts) may impose
certain conditions including major modernization to the lift, escalator or
moving walk installation, if necessary, for safety improvements in the lift,
escalator or moving walk before granting renewal of license. (1)
Notwithstanding anything contained in
sections 4 and 7, every owner of a place in which an escalator or moving walk
has been installed before the date of the commencement of this Act, shall,
within six months from such commencement date apply for a license for the
working of such escalator or moving walk to the Electrical Inspector (Lifts).
The aforesaid period of six months may by order and for reasons to be recorded be
further extended by six months on an application being made. (2)
The provisions of sub-sections (2), (3), (4)
and (5) of section 7 shall, mutatis mutandis, apply to such an application
under sub-section (1). No
additions or alterations, which cause any change in the characteristics of lift
or escalator or moving walk like change in passenger capacity, speed, stops,
steps, etc., or other than those required to be made under section 21, shall be
made to any lift or escalator or moving walk installation except with the prior
permission in writing of an Electrical Inspector (Lifts). No
lift or escalator or moving walk shall be worked or used, except under and in
conformity with the terms and conditions of the license granted in respect of
the same. (1)
Save as otherwise provided in this Act, the
relevant Code of Practice of Bureau of Indian Standards shall be followed to
carry out the purposes of this Act, and in the event of any inconsistency, the
provisions of this Act and the rules made there under shall prevail. (2)
The specifications for lift, escalator or
moving walk and the material and apparatus used therein shall conform to the
relevant specifications of the Bureau of Indian Standards where such
specifications have already been laid down or the rules made therefore. (3)
The number of lifts or escalators or moving
walks to be installed in a premises and the spacing between them shall be as
per the relevant Code of Practice of Bureau of Indian Standards or the National
Building Code. 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 license has been received or otherwise, for the purpose of
inspecting the lift or escalator or moving walk, or its installation along with
the site thereof. 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 authorized in this behalf
by him for inspecting a lift or escalator or moving walk; and if required by
the Electrical Inspector (Lifts) or officer authorized by him shall also
procure attendance of contractor of lift, escalator or moving walk or his
authorized representative. (1)
Where any accident occurs in the operations
of any lift or escalator or moving walk which results or likely to have
resulted in injury to any person or loss of human life, the owner or occupier
or authorized representative of the owner of the building in which the lift or
escalator or moving walk is working or if such owner has appointed the
authorized representative under sub-section (2) and has communicated his name
to the Electrical Inspector (Lifts) under sub-section (3), such authorized
representative shall give intimation of the accident and of any such loss or
injury actually caused by the accident, and followed by a detailed report of
the accident in such form and within such time, as may be prescribed, to the
Electrical Inspector (Lifts) or such authorized officer and to such other
authorities as the State Government may by an order direct. The lift or
escalator or moving walk installation shall not be interfered with, in any way,
and the working of such lift or escalator or moving walk shall not be resumed
except with the written permission of the Electrical Inspector (Lifts). (2)
For the purpose of sub-section (1), the owner
of a building in which place a lift or escalator or moving walk has been
installed does not reside in such building, he shall appoint authorized
representative who shall be a resident in the town or village in which the
building is situated, to give intimation and report of any accident occurring
in the operation of the lift or escalator or moving walk. (3)
The name of every representative appointed
under sub-section (2) shall be communicated in writing to the Electrical
Inspector (Lifts). (4)
The State Government may authorize the
Electrical Inspector (Lifts) 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 lift or escalator or moving walk installation, or (b)
as to the manner in which, and extent to
which, the provisions of this Act or the rules made there under, so far as
those provisions affect the safety of any person, have not been complied with. The
conclusion of the Electrical Inspector (Lifts) in respect of the accident and
inquiry thereto shall be final. (5)
?(a)
Every Electrical Inspector (Lifts) or such other person holding an inquiry
under sub-section (4) shall have all the powers of a Civil Court under the Code
of Civil Procedure, 1908 (V of 1908), for the purpose of enforcing the
attendance of witness and compelling the production of documents and material
objects. (b) ??Every person
required by an Electrical Inspector (Lifts) or such other person as aforesaid
to furnish any information shall be legally bound to do so within the meaning
of section 176 of the Indian Penal Code (45 of 1860). (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)
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)
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 the Official Gazette by an
Electrical Inspector (Lifts) or such officer appointed in this behalf by the
Government. (2)
The Government may by notification in the
Official 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 license has been granted under this Act has contravened any of
the provisions of this Act or rules or any of the conditions of the license or
directions given to him or it, the Chief Electrical Inspector may, after giving
a reasonable opportunity of being heard, suspend the license for such period as
he thinks fit or cancel it after recording the reasons therefore. (1)
Any person aggrieved by an order of the Chief
Electrical Inspector to refuse license for working of lift, escalator or moving
walk under sub-section (3) of section 7 or to suspend or cancel license under
section 19, may, within thirty days from the date of such order, file an appeal
to the State Government. (2)
(i) Any person aggrieved by an order made by
the Electrical Inspector (Lifts) under sub-section (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 before Chief Electrical Inspector against order of Electrical
Inspector (Lifts) under sub-section (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)
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)
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)
Any lift or escalator or moving walk in
respect of which a direction issued under sub-section (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). (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. These log books may be inspected by the
Electrical Inspector (Lifts) as and when he so desires. 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 there under 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) 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 license 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) 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 (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 (2) of section 15;". 4.
Section 32 shall be deleted. Whoever
contravenes any of the provisions of this Act, rules or conditions of a license
or a direction given by the Electrical Inspector (Lifts) under this Act or the
rules, shall, on conviction, be punished with a fine which may extend to rupees fifty thousand and, in the
case of a continuing contravention, with an additional fine which may extend to
rupees one thousand for every day during which such contravention continues
after conviction for the first such contravention. (1)
Where an offence under this Act or rules made
there under has been committed by a firm or company, every person, who, at the
time the offence was committed, was in-charge of, and was responsible to, the
firm or company for the conduct of the business of the firm or company, as well
as the firm or company, shall be deemed to be guilty 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, if he proves that the offence was committed without his
knowledge or that he had exercised all due diligence to prevent the commission
of such offence. (2)
Notwithstanding anything contained in
sub-section (1), where any offence under this Act or rules made there under has
been committed by a firm or company, and it is proved 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 firm
or company, such director, manager, secretary, or other officer shall also be
deemed to be guilty of that offence and shall be liable to be proceeded against
and punished accordingly. Explanation.--For
the purpose of this section,-- (a)
"company" means any body corporate
and includes a firm or other association of persons or body of individuals
whether incorporated or not, and (b)
"director" in relation to a firm,
means a partner in the firm and in relation to any association of persons or
body of individuals, means any member controlling the affairs thereof. No
court shall take cognizance of any offence punishable under this Act, except
with the previous sanction of the Government or such officer, not below the
rank of the Electrical Inspector (Lifts) as the State Government may authorize
in this behalf. No
suit, prosecution or other legal proceedings shall be instituted against Chief
Electrical Inspector, Electrical Inspector (Lifts), Assistant Electrical
Inspector (Lifts) or any other officer authorized by the Government for
anything which is in good faith done or intended to be done under this Act or
under any rule or order made there under. (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. (1)
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)
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 license and the
form of license and the terms and conditions for grant of license 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 license for
working of lift, escalator or moving walk; terms and conditions and form of
license 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 the Official Gazette, the rule shall, from the
date of publication of such decision in the Official Gazette, 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. The
provisions of this Act shall be in addition to, and not in derogation of, any
other Act (X of 1939), for the time being in force. 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 license, 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. (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.
Preamble - MAHARASHTRA LIFTS, ESCALATORS AND
MOVING WALKS ACT, 2017PREAMBLE