[Tamil Nadu Act 35 of 1997 as
amended up to Tamil Nadu Act 29 of 2017] [3rd November, 1997] An Act to provide for the regulation of the
erection, maintenance and safe working of certain classes of [1][Lifts,
Escalators and all machinery] and apparatus pertaining thereto in the State of
Tamil Nadu and to provide for matters connected therewith. Be it enacted by the Legislative Assembly
of the State of Tamil Nadu in the Forty-eighth Year of the Republic of India as
follows:— (1)
This Act may
be call the Tamil Nadu [2][Lifts
and Escalators] Act, 1997 (2)
It extends
to the whole of the State of Tamil Nadu. (3)
It shall
come into force on such date as the State Government may, by notification,
appoint. In this Act, unless the context otherwise
requires [3][(a) “competent
person” means the person or company authorised by the Chief Inspector under
sub-section (1) of Section 10; (aa)
“escalator” means a power driven inclined continuous stairway used for raising
or lowering passengers; (aaa) “Government” means the State
Government;] (b)
“Inspector” means the [4][Inspector
of Lifts and Escalators] appointed under Section 3; (c) “lift”
means a hoisting mechanism designed to carry passengers or goods or both and
equipped with a car which move in a substantial vertical direction and is
worked by power, but does not include a hoist or lift to which the Factories
Act, 1948 (Act 63 of 1948) applies; ExplanationFor the purposes of this clause,
“power” means electrical energy or any other form of energy which is
mechanically transmitted and is not generated by human or animal energy. (d) “lift
car” means the cage or car of a lift and includes the floor or platform, car frame
sling, and enclosing body work; (e) “lift
installation” includes the lift car, the lift way, the lift way enclosure and
the operating mechanism of the lift and all ropes, cables, wires and plant,
directly connected with the operation of the lift; (f) “lift
way” means the shaft in which the lift car travels; (g)
“lift way enclosure” includes any permanent substantial structure surrounding
or enclosing the lift way; (h) “owner”
includes— (i)
a lessee, (ii)
a licensee, (iii) 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 [5][lift
or an escalator] has been erected and work has been entrusted whether such
person or authority is called a managing trustee, an agent, a correspondent,
manager, superintendent, secretary or by any other name whatsoever. Section 3. Appointment of [6][Inspector of Lifts and Escalators] The Government may, by notification, appoint
one or more persons possessing such qualification as may be prescribed to be
Inspectors for the purpose of this Act and specify in such notification the
local limits or their jurisdiction. Section 4. Permission to erect [7][lift or escalator] (1)
No owner of
a place shall on and after the commencement of this Act erect a [8][lift
or an escalator] in such place except under, and in accordance with a
permission granted under this Act. (2)
Every
application for permission to erect [9][a
lift or an escalator] shall be made in writing to the Inspector and shall be
accompanied by [10][such
fee as may be prescribed] and shall contain the following particulars, namely:— (a)
the type of
the [11][lift
or escalator]; (b)
the rated
maximum speed of the [12][lift
or escalator]; (c)
the maker's
or designer's rated capacity in weight; (d)
the maximum
number of passengers in addition to the lift operator which the lift can carry; (e)
the total
weight of the lift car carrying the maximum load (weight of car plus maximum
allowable load); (f)
the weight
of the counter weight; (g)
the number,
description weight and size of the supporting cables; (h)
the depth of
the pit from the lowest part of the car when at the lowest floor; [13][(i) the details, as may be prescribed, of
the construction of the overhead arrangement with the weight and sizes of the
beams; (j) the
angle of inclination for an escalator; (k) the
details of handrails, steps treads, landing, combplates, trusses or girders and
step wheel tracks in escalator; (l) the
rated load in kilograms on escalator; (m) the
factor of safety based on the static loads in the lift or escalator; and (n)
such other particulars as may be prescribed.] (3)
On receipt
of an application under sub-section (2), the Inspector may, after making such
enquiry as he deems necessary either grant or refuse to grant the permission.
Every permission granted shall be in such form and subject to such terms and
conditions as may be prescribed and shall be valid for a period of six months
from the date on which it is granted. (4)
Every owner
of a place who is granted permission under sub-section (3) shall, within one
month after the completion of the erection of such [14][lift
or escalator], send a report of completion to the Inspector in such forms as
may be prescribed. (5)
Where the
Inspector refuses to grant permission under sub-section (3), he shall give
reasons in writing for such refusal. Section 5. Licence of working of [15][lift or escalator] (1)
No owner of
a place shall work or cause to be worked or allow the working of any [16][lift
or escalator] in such place except under and in accordance with a licence. (2)
Every
application for a licence under sub-section (1) shall be made to the Inspector
in such form as may be prescribed and shall be accompanied by [17][such
fee as may be prescribed]. (3)
On receipt
of an application made under sub-section (2) the Inspector, after making such
inspection and enquiry as he deems necessary, may, either grant or refuse the
licence. (4)
Every
licence granted under sub-section (3) shall be in such form and subject to such
terms and conditions as may be prescribed. (5)
Every
licence granted under sub-section (3), shall be valid for a [18][period
of three years] from the date of which it is granted and shall be [19][renewable
for every three years] after an inspection and on payment of such fee as may be
prescribed. (6)
Where the
Inspector refuses to grant a licence under sub-section (3), he shall give
reasons in writing for such refusal. Section 6. Provision in respect of existing [20][lifts and escalators] (1)
Notwithstanding
anything contained in this Act but subject to the provisions of sub-section
(2), every owner of a place in which a lift has been erected and is being
worked immediately before the date of the commencement of this Act, may
continue the working of such lift at such place. (2)
Every person
entitled to continue the working of a lift under sub-section (1) shall not
continue the working of the lift after the expiry of a period of two months
from the date of commencement of this Act unless he obtains a licence under
Section 5 in respect of such lift. [21][(2-A) Every owner of a place in which an
escalator has been erected and is being worked immediately before the date of
the commencement of the Tamil Nadu Lifts (Amendment) Act, 2017 (hereafter in
this sub-section referred to as the date of commencement of the Act) may
continue the working of such escalator for a period of two months from the date
of commencement of the Act and such escalators shall not continue the working
after the expiry of a period of two months from the date of commencement of the
Act, unless he obtains a licence under Section 5 in respect of such escalator.] (3)
Every
application for a licence under [22][sub-section
(2) or (2-A)] shall be in such form as may be prescribed and shall be
accompanied by [23][such
fee as may be prescribed]. (1)
Every
application for the renewal of a licence granted under this Act shall be made
not less than three months before the date of the expiry of the period of such
licence. (2)
The
provisions of this Act shall, as far as may be, apply in relation to the
renewal of a licence as they apply in relation to the grant of a licence under
Section 5. (1)
The
Inspector may after giving the holder thereof an opportunity of being heard
cancel or suspend any licence if it appears to him— (i)
that such
licence has been obtained by misrepresentation or fraud; or (ii)
that the
licensee has contravened, or failed to comply with any of the provisions of
this Act or the rules made thereunder or any of the terms and conditions of the
licence; or (iii) that the licencee has contravened or failed
to comply with an order passed under this Act or the rules made thereunder; or (iv)
that
the [24][lift
or escalator] can no longer be safely worked for the purpose for which the
licence was granted. (2)
The
Inspector may, if he is of the opinion that any licence granted under this Act
is liable to be cancelled, pending cancellation of the licence and for reasons
to be recorded in writing, suspend any licence and in such a case, no
opportunity of being heard need be given. (3)
The
Inspector may, either suo motto or on application, review any order passed
under sub-section (1) (i)
on the basis
of a mistake or error apparent on the face of the record; or (ii)
on the basis
of new facts brought to his notice after the order was made; or (iii) for any other sufficient reasons; Provided that the Inspector shall not pass an
order under this sub-section prejudicial to any person unless such person has
been given a reasonable opportunity of making his representations. Section 9. Addition to or alteration of the [25][lift or escalator] installation No addition or alteration other than those
required to be made under sub-section (2) of Section 11 shall be made to
any [26][lift
or escalator] installation except with the previous permission in writing of
the Inspector. Section [27][10.
Erection, maintenance, inspection and test of lift and escalator installation
to be entrusted to competent person (1)
The Chief
Inspector may authorise, any person or company for the purpose of carrying out
erection, maintenance, inspection and test of a lift or an escalator, on such
terms and conditions as may be prescribed. (2)
Every
application for authorisation under sub-section (1) shall be made to the Chief
Inspector in such form as may be prescribed and shall be accompanied by such
fee as may be prescribed. (3)
No person
shall be authorised under sub-section (1), unless he fulfills such
qualifications and other requirements, as may be prescribed. ExplanationFor the purposes of this section,— (a)
“company”
means any body corporate and includes a firm or other association of
individuals whether registered or not; (b)
“Chief
Inspector” means the Chief Electrical Inspector to Government.] (1)
The
Inspector or any person appointed under Section 14 to assist him may, at any
time after giving reasonable notice to the owner, enter upon any place in which
a [28][lift
or escalator] is erected or is being worked or in connection with which an
application for a permission under Section 4 or a licence under Section 5 has
been received, for the [29][purpose
of inspecting the site, the erection or the installation of the lift or
escalator], as the case may be. The person appointed under Section 14 to assist
the Inspector shall after making such inspection, send a report regarding the
condition of the [30][lift
or escalator] installation inspected, to the Inspector for taking action under
this Act. (2)
If on such
inspection the Inspector is of opinion that any [31][lift
or escalator] installation in any place is in an unsafe condition, he may, by
order in writing, direct the owner of the place to carry out such repairs or
alterations to such [32][lift
or escalator] as he may deem necessary within such time as may be specified
therein and may if necessary, also direct that the working of such [33][lift
or escalator] be discontinued until such repairs or alterations are made. The
owner shall hereupon comply with any such direction within the period specified
therein and shall forthwith report in writing to the Inspector, his compliance
with such direction. [34][(2-A) Any lift or escalator in respect
of which a direction issued under sub-section (2), has not been carried out,
such lift or escalator, in case the same is found being used, shall be ordered
to be stopped forthwith and sealed by the Inspector.] (3)
Any person
aggrieved by any order or direction made under [35][sub-section
(2) or sub-section (2-A)] may, within thirty days from the date of receipt of
such order, appeal to the Appellate Authority appointed in this behalf by the
Government. (4)
Notwithstanding
any appeal made under sub-section (3), any direction for the discontinuance of
the working of [36][a
lift or an escalator] made under sub-section (2) shall be complied with unless
the Appellate Authority has stayed such direction. (5)
The order
made under sub-section (2), subject to an appeal to the Appellate Authority,
shall be final. Every owner of a place which is entered upon
in pursuance of sub-section (1) of Section 11 by the Inspector or the person
appointed under Section 14 shall afford every reasonable facility to such
Inspector or person to perform any function which such Inspector or person is
authorized under that section to perform and shall, at his own cost, procure at
such inspection, the attendance of the person, if any, to whom the work, of
erection, addition, alteration or maintenances of the [37][lift
or escalator] installation has been entrusted or a representation of such
person, as the case may be, who is competent to guide the Inspector or the
person in the inspection. Where any accident occurs in the working of
any [38][lift
or escalator] which results or is likely to result in loss of life or injury,
the owner of the place shall, as soon as may be, after such accident, give
notice of the occurrence and of any such loss or injury together with full
details of accident in such form as may be prescribed, to the Inspector and
also to the Commissioner of Police in the City of Chennai, [39][Madurai,
Coimbatore, Salem, Tiruchirapalli, Thirunelveli or Tiruppur] and elsewhere to
the District Magistrate or such other officer as the Government may be order
specify in this behalf and the [40][lift
or escalator] installation shall not be interfered within any way and the
workings of such [41][lift
or escalator] shall not resumed except with the written permission of the
Inspector. (1)
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
Inspector. (2)
The powers
and functions and other terms and conditions of service of persons appointed
under sub-section (1) shall be such as may be prescribed. Whoever contravenes any of the provisions of
this Act or the rules made thereunder or the terms and conditions of a
permission or of a licence or a direction given by the Inspector or any person
appointed under Section 14 to assist him shall be punishable with fine which
may extend to one thousand rupees and in the case of a continuing contravention
with a further fine which may extend to fifty rupees for every day during which
such contravention is continued after such conviction. (1)
Where an
offence punishable under this Act has been committed by a company, every person
who, at the time the offence was committed, was in charge of, and was
responsible to, the company for the conduct of the business of the company, as
well as the 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 commissioner of such offence. (2)
Notwithstanding
anything contained in sub-section (1) where any offence under this Act has been
committed by a 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 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. ExplanationFor the purpose of this 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 firm. No Court shall take cognizance of any offence
punishable under this Act except upon a complaint made by the inspector having
jurisdiction within three months of the date on which the alleged commission of
the offence came to the knowledge of the Inspector. (1)
Every
notice, order or other document required or authorized to be addressed by or
under this Act shall be deemed to be properly addressed to the owner of the
place (naming he place) and may observed 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, the registered office of the company or, in the event
of registered office of the company not being in India, at the principal place of
business of the company in India; and (c)
where any
other person is the addressee, at the usual or last known place of abode or
business of the person. No suit, prosecution or other legal
proceedings shall lie against any person for anything which is in good faith
done or intended to be done by or under this Act. If any difficulty arises in giving effect to
the provisions of this Act, the Government may, by an order published in the
Tamil Nadu Government Gazette, make such provisions not inconsistent with the
provisions of this Act, as appear to them to be necessary or expedient for
removing the difficulty: Provided that no such order shall be made
after the expiry of a period of two years from the date of commencement of this
Act. Nothing contained in this Act shall affect
the provisions of the Indian Electricity Act, 1910 (Act 9 of 1910) and of the
Electricity (Supply) Act, 1948 (Act 54 of 1948). (1)
The
Government may make rules to carry out all or nay of the purposes of this Act. (2)
In
particular and without prejudice to the generality of the foregoing power, such
rules may provide for— (a)
specifications
for [42][Lifts
or escalators]; (b)
the manner
in which erection plans of [43][Lifts
or escalators] shall be submitted: (c)
the manner
in which the [44][Lifts
or escalators] may be tested: (d)
the form of
application for permission for the erection of a [45][lift
or an escalator] and a licence for working such [46][lift
or escalator]; (e)
the form of
report of completion to be sent under sub-section (4) of Section 4; [47][(f) the terms and conditions and
restrictions subject to which and the form in which the licence may be granted
for the working of a lift and an escalator; (ff) the
fees to be paid in respect of an application for permission under Section 4 and
the fees to be paid in respect of an application for licence under Sections 5
and 6 and the fees to be paid in respect of an application for authorization
under Section 10; which fees may be different for different classes of lifts
and escalators, and the manner in which such fees shall be paid;] (g) the
manner in which and the terms subject to which the [48][Lifts
or escalators] shall be worked; (h) the
manner in which notice of accidents shall be given: (i) the
form of notice of accidents to be given under Section 13, and (j) any
other matter which is required to be, or may be prescribed. (1)
(a) All
rules made under this Act and all orders issued under Section 20 shall be
published in the Tamil Nadu Government Gazette and unless they are expressed to
come into force on the particular day, shall come into force on the day, on
which they are so published. (b) All notifications issued under this Act
shall, unless they are expressed to come into force on a particular day, come
into force on the day on which they are published. (2)
Every rule
made and every notification issued under this Act and every order made under
Section 20 shall, as soon as possible after it is made or issued be placed on
the Table of the Legislative Assembly and if before the expiry of the session
in which it is so placed or the next session, the Assembly makes any
modification in any such rule or notification or order or the Assembly decides
that the rule or notification or order should not be made or issued, the rule
or notification or order shall thereafter 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 under that rule or notification of order. [1] Subs. for “Lift and all
machinery” by Tamil Nadu Act 29 of 2017, S. 2. [2] Subs. for “Lift” by
Tamil Nadu Act 29 of 2017, S. 3. [3] Ins. by Tamil Nadu Act
29 of 2017, S. 4(1). [4] Subs. for “Inspector
of Lifts” by Tamil Nadu Act 29 of 2017, S. 4(2). [5] Subs. for “a Lifts” by
Tamil Nadu Act 29 of 2017, S. 4(3). [6] Subs. for “Inspector of
Lifts” by Tamil Nadu Act 29 of 2017, S. 5. [7] Subs. for “Lifts” by
Tamil Nadu Act 29 of 2017, S. 6(1). [8] Subs. for “a lifts” by
Tamil Nadu Act 29 of 2017, S. 6(2). [9] Subs. for “a lifts” by
Tamil Nadu Act 29 of 2017, S. 6(3)(a). [10] Subs. for “such fee not
exceeding one thousand rupees as may be prescribed” by Tamil Nadu Act 29 of
2017, S. 6(3)(b). [11] Subs. for “lift” by
Tamil Nadu Act 29 of 2017, S. 6(3)(c). [12] Subs. for “lift” by
Tamil Nadu Act 29 of 2017, S. 6(3)(c). [13] Subs. by Tamil Nadu Act
29 of 2017, S. 6(3)(d). [14] Subs. for “lift” by
Tamil Nadu Act 29 of 2017, S. 6(4). [15] Subs. for “lift” by
Tamil Nadu Act 29 of 2017, S. 7(1). [16] Subs. for “lift” by
Tamil Nadu Act 29 of 2017, S. 7(2). [17] Subs. for “such fee not
exceeding one thousand rupees as may be prescribed” by Tamil Nadu Act 29 of
2017, S. 7(3). [18] Subs. for “period of one
year” by Tamil Nadu Act 29 of 2017, S. 7(4)(a). [19] Subs. for “renewable
yearly” by Tamil Nadu Act 29 of 2017, S. 7(4)(b). [20] Subs. for “lift” by
Tamil Nadu Act 29 of 2017, S. 8(1). [21] Ins. by Tamil Nadu Act
29 of 2017, S. 8(2). [22] Subs. for “sub-section
(2)” by Tamil Nadu Act 29 of 2017, S. 8(3). [23] Subs. for “such fee not
exceeding one thousand rupees as may be prescribed” by Tamil Nadu Act 29 of
2017, S. 8(3). [24] Subs. for “lift” by
Tamil Nadu Act 29 of 2017, S. 9. [25] Subs. for “lift” by
Tamil Nadu Act 29 of 2017, S. 10(1). [26] Subs. for “lift” by Tamil
Nadu Act 29 of 2017, S. 10(2). [27] Subs. by Tamil Nadu Act
29 of 2017, S. 11. [28] Subs. for “lift” by
Tamil Nadu Act 29 of 2017, S. 12(1)(a). [29] Subs. for “purpose of
inspecting the site, the erection or the installation of lift or escalator” by
Tamil Nadu Act 29 of 2017, S. 12(1)(c). [30] Subs. for “lift” by
Tamil Nadu Act 29 of 2017, S. 12(1)(c). [31] Subs. for “lift” by
Tamil Nadu Act 29 of 2017, S. 12(2). [32] Subs. for “lift” by
Tamil Nadu Act 29 of 2017, S. 12(2). [33] Subs. for “lift” by
Tamil Nadu Act 29 of 2017, S. 12(2). [34] Ins. by Tamil Nadu Act
29 of 2017, S. 12(3). [35] Subs. for “sub-section
(2)” by Tamil Nadu Act 29 of 2017, S. 12(4). [36] Subs. for “lift” by
Tamil Nadu Act 29 of 2017, S. 12(5). [37] Subs. for “lift” by
Tamil Nadu Act 29 of 2017, S. 13. [38] Subs. for “lift” by
Tamil Nadu Act 29 of 2017, S. 14(1). [39] Subs. for “Madurai or
Coimbatore” by Tamil Nadu Act 29 of 2017, S. 14(2). [40] Subs. for “lift” by
Tamil Nadu Act 29 of 2017, S. 14(1). [41] Subs. for “lift” by
Tamil Nadu Act 29 of 2017, S. 14(1). [42] Subs. for “lifts” by
Tamil Nadu Act 29 of 2017, S. 15(1). [43] Subs. for “lifts” by
Tamil Nadu Act 29 of 2017, S. 15(1). [44] Subs. for “lifts” by
Tamil Nadu Act 29 of 2017, S. 15(1). [45] Subs. for “lifts” by
Tamil Nadu Act 29 of 2017, S. 15(2). [46] Subs. for “lifts” by
Tamil Nadu Act 29 of 2017, S. 15(2). [47] Subs. by Tamil Nadu Act
29 of 2017, S. 15(3). [48] Subs. for “lifts” by
Tamil Nadu Act 29 of 2017, S. 15(4).Tamil Nadu Lifts and
Escalators Act, 1997
Section 23. Rules, orders and notifications to be placed
before the Legislative Assembly