1

GOVERNMENT  OF  MAHARASHTRA

LAW AND JUDICIARY DEPARTMENT

MAHARASHTRA ACT
No.  XV  OF  2018.

The Maharashtra Lifts, Escalators
and  Moving  Walks  Act,  2017.

(As  existing  on  1st  January  2019)

V

PRINTED IN INDIA BY THE GOVERNMENT CENTRAL PRESS, CHARNI ROAD, MUMBAI 400 004
AND PUBLISHED BY THE DIRECTOR, GOVERNMENT PRINTING, STATIONERY AND
PUBLICATIONS, MAHARASHTRA STATE, MUMBAI 400 004.

2019

[Price : 35-00]

2018 : Mah. XV]

Maharashtra Lifts, Escalators and Moving Walks Act, 2017

(i)

THE  MAHARASHTRA  LIFTS,  ESCALATORS  AND  MOVING  WALKS  ACT,
2017.

PREAMBLE.

SECTIONS.

————————

CONTENTS

CHAPTER  I

PRELIMINARY

1. Short title, extent and commencement.

2. Definitions.

CHAPTER  II

APPOINTMENT OF CHIEF ELECTRICAL INSPECTOR, ELECTRICAL INSPECTORS (LIFTS),
ASSISTANT ELECTRICAL INSPECTORS (LIFTS), ETC., AND
THEIR POWERS AND FUNCTIONS.

3. Appointment  of Chief  Electrical  Inspector,  Electrical  Inspectors  (Lifts),

Assistant Electrical Inspectors (Lifts).

CHAPTER  III

PERMISSION TO ERECT LIFT, ESCALATOR AND MOVING WALK AND GRANT OF
LICENCE FOR WORKING OF THE SAME

4. Permission to erect a lift or escalator or moving walk.

5. Grant of licence to electrical contractor for erection, maintenance of lifts,

escalator or moving walk.

6.

Initial inspection before grant of licence for working of lift, escalator or moving
walk.

7. Licence for working of a lift or escalator or moving walk.

8. Validity of licence of working of lift, escalator or moving walk.

9. Application for licence in case of existing working escalators or moving walks.

10. Additions or alterations to lift or escalator or moving walk installation.

11. Lift or escalator or moving walk not to be operated without licence.

12. Code of Practice.

CHAPTER  IV

INSPECTION OF LIFT, ESCALATOR AND MOVING WALK AND ITS INSTALLATION

13. Right to enter in any building for inspectin of lift or escalator or moving walk

and its installation.

14. Owner to give facilities for inspection of lift, escalator or moving walk.

15. Report of accident and inquiry.

16. Service of intimation or notices, orders or documents.

17. Periodical inspection of lift, escalator or moving walk.

18. Maintenance of lift or escalator or moving walk.

H  1177—1

(ii)

Maharashtra Lifts, Escalators and Moving Walks Act, 2017

 [2018 : Mah. XV

SECTIONS.

19. Suspension or cancellation of licence.

20. Appeal.

21. Lift or escalator or moving walk in an unsafe condition.

22. Sealing.

23.

Insurance.

24. Log book and reporting.

25. Concurrent liability.

26.

Intimation about closure.

27. Life span.

28. Power to relax provisions of this Act or rules made thereunder.

29. Delegation of powers of Government.

30. Recovery of fees.

31. Application of Act to lift or escalator or moving walk belonging to Government.

CHAPTER  V

PENALTIES

32. Penalty.

33. Offences by firms or companies.

34. Cognizance of offences.

35. Protection of action taken in good faith.

CHAPTER  VI

MISCELLANEOUS

36. Prohibition of use of lift, escalator or moving walk.

37. Power to make rules.

38. Act in addition to and not in derogation of any other Act.

39. Repeal of X of 1939 and saving.

40. Power to remove difficulties.

2018 : Mah. XV]

Maharashtra Lifts, Escalators and Moving Walks Act, 2017

MAHARASHTRA ACT No. XV OF 20181.

[THE  MAHARASHTRA  LIFTS, ESCALATORS  AND  MOVING  WALKS
ACT, 2017.]

(This Act received the assent of the Governor on the 16th January 2018 ;
assent  was  first  published  in  the Maharashtra  Government  Gazette,
Part IV, on the 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.

X of
1939.

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;

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 :—

CHAPTER  I

PRELIMINARY

1.

(1)  This  Act  may  be  called  the  Maharashtra  Lifts,  Escalators  and

Moving Walks Act, 2017.

Short title,
extent and
commencement.

(2) It extends to the whole of the State of Maharashtra.

(3) It shall come into force on such date2 as the State Government may,

by  notification  in  the Official  Gazette,  appoint.

2.

In  this  Act,  unless  the  context  otherwise  requires,—

Definitions.

(a) “approved  contractor” or  “contractor” means  a person  or a  firm
or  company  who  possess  a  licence  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 ;

1 For Statement of Objects and Reasons (in English) see Maharashtra Government Gazette,

Part V-A, Extraordinary No. 67, dated the 19th December 2017, Page 15.

2 This Act has not come into force till 1st January 2019.

H  1177—1a

2

Maharashtra Lifts, Escalators and Moving Walks Act, 2017

 [2018 : Mah. XV

(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 licence ;

(k) “licence”  means  a  licence  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 ;

(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) ;

63 of
1948.

2018 : Mah. XV]

Maharashtra Lifts, Escalators and Moving Walks Act, 2017

3

(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.

CHAPTER  II

APPOINTMENT OF CHIEF ELECTRICAL INSPECTOR, ELECTRICAL INSPECTORS (LIFTS),
ASSISTANT ELECTRICAL INSPECTORS (LIFTS), ETC. AND THEIR POWERS AND FUNCTIONS

3.

(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.

Appointment
of Chief
Electrical
Inspector,
Electrical
Inspectors
(Lifts),
Assistant
Electrical
Inspectors
(Lifts).

4

Maharashtra Lifts, Escalators and Moving Walks Act, 2017

 [2018 : Mah. XV

(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).

CHAPTER  III

PERMISSION TO ERECT LIFT, ESCALATOR AND MOVING WALK AND GRANT OF LICENCE
FOR WORKING OF THE SAME

Permission to
erect a lift or
escalator or
moving walk.

4.

(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;

2018 : Mah. XV]

Maharashtra Lifts, Escalators and Moving Walks Act, 2017

5

(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  licence  under  this  Act.

36 of
2003.

5.

(1)  Any  person  or  body  of  persons  or  body  corporate  having  valid
electrical contractor licence issued by the Licencing 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,  who  intends  to  obtain  a  licence  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.

Grant of
licence to
electrical
contractor for
erection,
maintenance
of lifts,
escalator or
moving walk.

(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.

6

Maharashtra Lifts, Escalators and Moving Walks Act, 2017

 [2018 : Mah. XV

Initial
inspection
before grant
of licence for
working of
lift, escalator
or moving
walk.

Licence for
working of a
lift or
escalator or
moving walk.

(3)  The  Chief  Electrical  Inspector  may  grant  a  licence  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  therefor.

(4) The licence 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  Licence  issued  under  the  Central
Electricity  Authority  (Measures  relating  to  Safety  and  Electric  Supply)
Regulations,  2010.

(5)  An  application  for  the  renewal  of  licence  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
licence  or  renewed  licence,  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.

6.

(1) Before  granting  of  licence  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.

7.

(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 licence for working or using the lift or escalator or moving walk.

(2) An  application  for  a  licence  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  licence  in  such  form  and  subject  to  such
terms  and  conditions,  as  may  be  prescribed  or  refuse  the  licence.

(4) The  Chief  Electrical  Inspector  shall  record  reasons  in  writing  for

refusal  of  licence  under  sub-section  (3).

(5) The owner who has been granted licence under sub-section (3) shall
get his lift or escalator or moving walk maintained by the approved contractor
who has  been granted  licence under  this Act.

2018 : Mah. XV]

Maharashtra Lifts, Escalators and Moving Walks Act, 2017

7

(6) The  application  for  licence  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 thereunder, and I am of the opinion that
the installation is fit  for use.”.

8.

(1)  The  licence  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  licence,  the  licencee  may  make  an
application  for  its  renewal.  The  licence    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.

Validity of
licence of
working of
lift, escalator
or moving
walk.

(3) The renewal of the licence shall be subject to the proper maintenance

of the lift, escalator or moving walk.

(4) The  application  for  renewal  of  licence  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  licence.

9.

(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  licence  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.

Application
for licence in
case of
existing
working
escalators or
moving walks.

(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).

10. 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).

Additions or
alterations to
lift or
escalator or
moving walk
installation.

11. No lift or escalator or moving walk shall be worked or used, except
under and in conformity with the terms and conditions of the licence granted
in respect of the same.

Lift or
escalator or
moving walk
not to be
operated
without
licence.

(G.C.P.)  H  1177—2  (2018—1–2019)

8

Maharashtra Lifts, Escalators and Moving Walks Act, 2017

 [2018 : Mah. XV

Code of
Practice.

12.

(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  thereunder 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  therefor.

(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.

Right to enter
in any
building for
inspection of
lift or
escalator or
moving walk
and its
installation.

Owner to give
facilities for
inspection of
lift, escalator
or moving
walk.

Report of
accident and
inquiry.

CHAPTER  IV

INSPECTION OF LIFT, ESCALATOR AND MOVING WALK
AND ITS INSTALLATION

13. 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  licence  has  been  received  or
otherwise, for the purpose of inspecting the lift or escalator or moving walk,
or  its  installation  alongwith  the  site  thereof.

14. 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 authorised in
this  behalf  by  him  for  inspecting  a  lift  or  escalator  or  moving  walk;  and  if
required by the Electrical Inspector (Lifts) or officer authorised by him shall
also procure attendance of contractor of lift, escalator or moving walk or his
authorised  representative.

15.

(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

2018 : Mah. XV]

Maharashtra Lifts, Escalators and Moving Walks Act, 2017

9

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  thereunder,  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  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.

V  of
1908.

45  of
1860.

16.

(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

Service of
intimation or
notices,
orders or
documents.

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.

17.

(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.

Periodical
inspection of
lift, escalator
or moving
walk.

(2) The Government may by notification in the Official Gazette, specify

the  rate  of  inspection  fee  to  be  charged  for  such  periodical  inspection.

H  1177—2a

10

Maharashtra Lifts, Escalators and Moving Walks Act, 2017

 [2018 : Mah. XV

Maintenance
of lift or
escalator or
moving walk.

18. 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.

Suspension or
cancellation
of licence.

19.

If  the  licensee  to  whom  licence  has  been  granted  under  this  Act
has  contravened  any  of  the  provisions  of  this  Act  or  rules  or  any  of  the
conditions of the licence or directions given to him or it, the Chief Electrical
Inspector may, after giving a reasonable opportunity of being heard, suspend
the  licence  for  such  period  as  he  thinks  fit  or  cancel  it  after  recording  the
reasons  therefor.

Appeal.

20.

(1)  Any  person  aggrieved  by  an  order  of  the  Chief  Electrical
Inspector to refuse licence for working of lift, escalator or moving walk under
sub-section (3) of section 7 or to suspend or cancel licence 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.

21.

(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.

Lift or
escalator or
moving walk
in an unsafe
condition.

Sealing.

22.

(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.

Insurance.

23. 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.

2018 : Mah. XV]

Maharashtra Lifts, Escalators and Moving Walks Act, 2017

24. 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.

25.  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.

11

Log book and
reporting.

Concurrent
liability.

26.  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.

Intimation
about closure.

27. 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.

Life span.

Power to relax
provisions of
this Act or
rules made
thereunder.

Delegation of
powers of
Government.

Recovery of
fees.

Application of
Act to lift or
escalator or
moving walk
belonging to
Government.

28. The Government may, by an order in writing, direct that any of the
provisions  of this  Act  or the  rules  made  thereunder shall  be  relaxed  in  any
particular  case  to  such  an  extent  and  subject  to  such  conditions,  as  it  may
deem  fit.

29. 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).

30. All  sums  payable  as  fees  under  this  Act  shall  be  recoverable  as

arrears  of  land  revenue.

31. 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 licence shall be made by the Government which
has or on whose behalf an escalator or moving walk has been installed”.
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 :—

2.

“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.

12

Maharashtra Lifts, Escalators and Moving Walks Act, 2017

 [2018 : Mah. XV

CHAPTER  V

PENALTIES

Penalty.

32. Whoever  contravenes  any  of  the  provisions  of  this  Act,  rules  or
conditions of a licence 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.

Offences by
firms or
companies.

33.

(1) Where an offence under this Act or rules made thereunder 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  thereunder  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.

Cognizance of
offences.

34. 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.

Protection of
action taken
in good faith.

35. 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  thereunder.

2018 : Mah. XV]

Maharashtra Lifts, Escalators and Moving Walks Act, 2017

13

CHAPTER  VI

MISCELLANEOUS

36.

(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 :

Prohibition of
use of 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.

37.

(1)  The  State  Government  may,  by  notification  in  the Official

Gazette, make rules to carry out the purposes of this Act.

Power to
make rules.

(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  licence  and  the  form  of  licence  and
the  terms  and  conditions  for  grant  of  licence  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 licence for working of lift, escalator or
moving walk; terms and conditions and form of licence 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.

14

Maharashtra Lifts, Escalators and Moving Walks Act, 2017

 [2018 : Mah. XV

Act in
addition to
and not in
derogation of
any other Act.

Repeal of X of
1939  and
saving.

(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.

38. The  provisions  of  this  Act  shall  be  in  addition  to,  and  not  in

derogation of, any other  Act  for the time being in  force.

39. On the commencement of this Act the Maharashtra Lifts Act shall

stand  repealed:

X of
1939.

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

licence,  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.

Power to
remove
difficulties.

40. (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.

GOVERNMENT  CENTRAL PRESS, MUMBAI.

