The Assam Lifts and Escalators Act, 2006
Registered No. - 768/97

## THE ASSAM GAZETTE

###### \5PlTtJT<fet

### EXTRAORDINARY

m~ 4i~~~ ~ 2l<tllprl~

PUBLISHED BY THE AUTHORITY

'l~ 61 ~~ , ~~~ , 10 m6, 2006, 19 <ft~~ , 1927 ("J<i»

No.61 Dispur, Friday, 10th March, 2006, 19th Phalguna, 1927 (S.E.)

GOVERNMENT OF ASSAM

ORDERS BY THE GOVERNOR

LEGISLATNE DEPARTMENT ::: LEGISLATNE BRANCH

NOTIFICATION

The 9th March, 2006

No. LGL.148/2004/6.- The followingAct of the Assam Legislative Assembly which received

the assent of the Governor is hereby published for general information.

ASSAM ACT NO . V · OF 2006
(Received the assent ofthe Governor on 6th March, 2006)

THE ASSAM LIFTS AND ESCALATORS ACT, 2006

AN

ACT


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334 THE ASSAM GAZETTE, EXTRAORDINARY, MARCH 10, 2006

-, to provide for the regulation of the installation, maintenance
and safe working of electric lifts and escalators and of all machinery
and apparatus pertaining thereto in the state ofAssam.

Prc.uuhlc Whereas it is expedient to provrde for the rcgulauon or the

installation, maintenance and safe working of electric lifts and escalators
and ofall machinery and apparatus pertaining thereto in the state ofAssam:

###### It is herebyenacted in the Fitly-seventh Year of the Republic of India as follows>

 Short title, extent 1. ( I) This Act may be called the Assam Lifts and EscalatorsAct, 2006.
and commencement (2) It extends to the whole ofAssam.

###### (3) It shall come into force on such date as the State Government
may, by notification in the Official Gazette, appoint.

###### De fi nit ion s 2. In this Act, unless the context otherwise requires-

(a) "Baluster" means a short pillar slender above and bulging below;

(b) "Balustrade" means a row of balusters meant for supporting
moving handrails;

(c) "Chief Inspector" and "Inspector" means respectively the
persons appointed to be the ChiefInspector of liftsand escalators
and the Inspector oflifts and escalators under sub-section (I)
###### of section 15;

(d) "combplate" means a pronged plate that forms part of an
escalator landing and engages with the cleats of the steps at
the limits of travel;

(e) "escalator" means a power d riven inclined continuous

stairway used for raising or lowering passengers;

# I

~                                                                                                                 -

_(I)_ "escalator installation" includes the escalator, the track, the ,

trusses or girders, the balustrading, the step treads and landings
and all ch a ins, wires and plants directly connected with
###### the operation of the escalator;

(g) "license" means a license granted under section 4;


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THE ASSAM GAZETTE, EXTRAORDINARY, MARCH 10, 2006 335

(h) "lift" means an appliance designed to transport persons or
materials between two or more levels in a vertical or substantially
vertical direction by means of a guided car or platform;

(i ) "lift car" means the load carrying unit with its floor or
platform car -frame and enclosing body work;

(j) "lift installation" includes the lift car, the lift way, the lift way
enclosures and the operating mechanism ofthe lift and all ropes,
cables, wires and plant, directly connected with the operation
###### of the lift;

(k) "power" means any form of energy, which is not generated by
human or animal agency;

(1) "prescribed" means prescribed by rules ; -

(10) "rated speed " means the speed at which the lift or escalator is
designed to operate;

(n) "rules" means rules made under this Act;

(0 ) "owner" means -

(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 lift has been erected and work has been
entrusted whether such person or authority is called a
managing trustee, an agent, a correspondent, manager,
superintendent, secretaryor byany other name whatsoever.

Permission to erect 3. (I) Every owner ofa place intending to install a lift or an escalator
lift or escalator in such place after the commencement of this Act, shall submit

an application in such form as may be prescribed, to such
officer as the State Government may authorize in this behalf,
for permission to erect such lift or escalator. Such application
shall specify -

###### (a) the type of the lift or escalator;

(b) the rated maximum speed ofthe lift or the speed at
which the escalator is designed to operate;

(c) the maker's or designer's rated capacity in weight;


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       - 36       - THE ASSAM GAZETTE, EXTRAORDINARY. MARCH 10, 2006

(d) the maximum number ofpa.ssengers in addition to the

###### lift operator which the lift can carry;

(e) the total weight ofthe lift car carrying the maximum load;

(f) the weight of the counter weight of the lift;

(g) the number, description , weight and size of the
supporting cables of the lift or escalator;

(h) the depth of the pit from the lowest part of the car when
at the lowest floor of lift;

(i) su ch details of the construction of the overhead
arrangement with the weights and size ofthe beams for
the lift asmay be prescribed;

(j) angle of inclination for escalator;

(k) type ofbalustrading in escalator;

(I) the width between balustrades in escalator;

(m) details ofhandrails, steps treads, landing, comb plates,
trusses or girders and step wheel tracks in escalator;

(n) the rated load in Kilogram on escalator;

(0) the factor of safety based on the static loads in the lift
or escalator, and

(p) such other particulars as may be prescribed.

(2) On receipt of an app! ication under sub-section (I ), the officer
authorized under this section shall , after making such inquiry
and requiring the applicant to furn ish such information as may

, be necessary, forward the application with his/her remarks to
the Chief Inspector. The Chief Inspector may there upon
eith er grant or refuse the permission to erect lift or escalator.
The permission so granted shall be valid for a period of six
months from the date on which it is granted or for such further

.period not exceeding six months as may be allowed by the Chief
Inspector'for sufficient reasons. .

(3) On grant of permission under sub-section (2), the owner shall
get his lift or escalator erected by a person authorized under
section 13.


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THE ASSAM GAZETTE, EXTRAORDINARY, MARCH 10, 2006 337

License for working
###### 4. (I ) The owner who is permitted to install a lift or escalator under of lift
section 3 shall, within one month after the completion oferection
###### of such Ii ft or escalator, make an appl ication to such officer
as the State Government may authorize in this behalf, for a
license for operating the lift or an escalator.

(2) An application for license made under sub-section (]) shall be
in such form and accompanied by such fees as may be
prescribed.

(3 ) On receipt of an application under .sub-section (I), such
officer may, after making such inquiry as may be necessary,
forward the application with his remarks to the Chief Inspector.

(4) If the ChiefInspector is satisfied that the applicant has
complied with the requirements of the provisions of this Act,
he may grant the license to use lift or escalator in such form
and on such terms and conditions as may be prescribed:

..,

Provided that where the Chicflnspector refuses to grant
the license, he shall give a reasonable opportunity of being

. . heard to the applicant.

Provision in respect 5. (I) Notwithstanding anything contained in sections 3 and 4, every
###### of existing lift owner of a place in which a lift or an escalator has been
installed before the date of the commencement of this Act
shall, within three months from such date apply for a license
for operating of such lift or escalator.

(2) The provisions of sub-sections (2) and (3) of section 4 shall, .

as far as may be, apply to such application.

Duration and renewal 6. ( I ) Every license shall be valid for it period of three years from
###### of licenses the date on which it is granted .

(2) A license may be renewed on anapplication made in that
behalf to the Chief Inspector in such form and accompanied
by such fee as may be prescribed along with the report made
under section 16 and every such application shall be made not
less than thirty days before the date on which the period of
validity of the license is due to expire.

Compliance ofterms 7. No lift or escalator shall be operated except under and in conformity
and conditions of with the terms and conditions ofthe license granted in respect ofthe same.
license


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338 THE ASSAM GAZETTE, EXTRAORDINARY, MARCH 10, 2006

Power to cancel or 8. If the licensee has contravened any ofthe provisions ofthe Act or rules
suspend license or any ofthe conditions of the licenseor directions given to him, the

###### Chief Inspector may, after giving a reasonable opportunity of being
heard, suspendthe license for such period as he thinks fit or cancel it.

Addition or alteration 9. No additions or alterations other than those required to be made
###### of lift installation under sub-section (2) ofsection 10 shall be made to any lift or escalator

installation except with the previous permission in writing of an
officer authorized in this behalf by the State Government. .

Power to entry 10. ( I ) An officer authorized in this behalf by the State Government

or a person authorized under section 13 may, at any time
after giving a reasonable notice to the occupant, enter upon any
building in which a lift or an escalator is installed or is being
installed or in connection with which an application has been
made for license for the purpose of inspecting the lift or
escalator or lift Of escalator installation or, . the site thereof. .

(2) If the officer, on such inspection, or on the basis of report
made under sub-section (3) of'section 16 is of the opinion
that any lift or escalator in any building is in unsafse condition,
he may direct by an order to the owner ofthe building or his
agent appointed under sub-section (2) of section 14 to make
such repairs or alterations to be made to such lift or escalator
as he may deem necessary, within the time specified therein

.and may also ifnecessary order, the use of such lift or escalator

t~ be discontinued until such'repairs or alterations are made
or such unsafe condition is removed. Th~ owner'or, as the case
may he, his agent shall thereupon comply with the order within
the period specified therein and shall forthwith report 10

writing to the officer of having so complied with.

Appeal 11. ( 1) Any person aggrieved by an order of the ChiefInspector made

under sub-section (4) of section 4 or section 8, may within thirty
daysfrom the date ofsuch order, appeal to the State Government.

(2) Any person aggrieved by an order of the officer made

und~r sub-section (2) . of section 10, may within thirty days
from the date of such order, appeal to the Chief Inspector.

(3) Any person aggrieved by an order of the ChiefInspector made
under sub-section (2),· may within thirty days from the date
###### of such order, appeal to the State Government.


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THE ASSAM GAZETTE, EXTRAORDINARY, MARCH 10,
2006 339

(4) All appellate authority may pass such order on appeal as it
deems just and proper.

(5) The order made by the Chief Inspector on appeal, shall be
subject to the appeal to the State Government, and the
decision of the State Government on appeal shalt be final and
shall not be called in question in any court.

(6) Notwithstanding any appeal made under this section, any

. order to discontinue the use of lift or escalator made by the
officer under sub-section (2) of section 10 shall be complied
with unless the appellate authority has suspended such order.
. ,

Owner to give 12. Theowner of a building, in which a lift or an escalator is installed or
facilities for

his agent appointed under sub-section (2) of section 14 shall afford

inspection

allreasonable facilities to the officer or a person authorized under
section 13 for inspecting a lift or an escalator under sections 10 and
16 and whenever ordered to do so by the officer shall, at his own cost,
procure at such inspection the attendance of the person, if any with
whom he has entered into a contract for the erection or maintenance
###### ofthe lift or an escalator (being a person authorized under section 13
for the work of erection or maintenance of a lift or an escalator) or a
representative of such person who iscompetent to assist the officer
in inspecting the lift or an escalator.

Erection, addition or 13. ( I) No owner erecting, adding to or altering a lift installation, shall
alteration work of entrust the work to any person unlessduly authorized by the
lift installation to b·e

###### Chieflnspector for the purpose of carrying out erection,

entrusted tocompetent

maintenance, inspection and test of lift or escalator.

persons.

(2) The manner, terms and conditions and the fees for authorization
under sub-section (1) shall be such as may be prescribed.

(3) No person shall be authorized under sub-section ( I) unless
he fulfils qualifications and such other requirements as may
be prescribed.

Report of accident 14. (1) Where any accident occurs in the operation of any lift or

escalator which results or is likely to have resulted in loss
###### of human life or injury to any person, the owner of the building
in which the lift or escalator is working or if such owner has
appointed an agent and has communicated his name to the
Inspector under sub-section (3), such agent, shall as soon as
may be after such accident, give notice in such form and in
such manner as may be prescribed, with full details of the


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340 THE ASSAM GAZETTE, EXTRAORDINARY, MARCH 10. 2UU6

accident to the Inspector, the Superintendent of Police of
the concerned area and to the District Magistrate or such other
officer as the State Government may, by order specify and the
lift or escalator installation shall not be interfered with in any
manner and the working of such Ii ft or escalator shall not be
res umed except, with the written permission of the officer
authorized in this behalf by the State Government.

(2) For the purposes of sub-section (] ), the owner ofevery building
in which a lift or an escalator has been installed, or in the case
where such owner does not reside in such building, an agent
###### (who shall be a resi dent in the town or village in which the
building is situated) appointed by the owner, shall give notice
###### ofany accidentoccurring in the operation ofthe lift or escalator.

(3) The name ofevery agent appointed under sub-section (2) shall
be communicated in writing to the Inspector.

(4) The State Government may authorize the Inspector or any other
competent person appointed in this behalf, to inquire and report-

(a) as to the cause of any acci dent affecting the safety of
the persons which may have been occasioned by, or in
connection with, the lift or escalator installation; or

(b) as to the manner in, and extent to which the provisions
of this Act or the rules made hereunder so far as those
provisions affect the safety of any person have been

complied with.

(5) Every Inspector or other person holding an inquiry under
sub-section (4) shall have all the powers ofa Civil Court under
###### the Code of Civil Procedure, 1908 (Act V.of 1908) for the
purpose of enforcing thc attendance of witness and compelIing
the production of documents and material objects; and every
###### person required by an Inspector or such other person as
aforesaid to furnish any information shall be deemed to be
legally bound to do so within the meaning of section 176 of
the Indian Penal Code, 1860 (Act XLV of 1860).


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THE ASSAM GAZETTE. EXTRAORDINARY, .
MARCH 10. 2006
341

Appointment of 15. (I ) The State Government may,bynotification inthe Official Gazette,
Chief Inspector and appoint persons duly qualified as Electrical Inspector under
lnspector(s) of lifts the Electricity Act, 2003 (Act NO .36 of 2003), to be -
and escalators

(a) The Chieflnspector oflifts and escalators;

(b) The Inspector of lifts and escalators.

(2) The ChiefInspector so appointed shall, in addition to the powers
conferred on him under this Act, exercise the powers of an
Inspector through out the State.

(3) Every Inspector so appointed shall exercise the powers and
perform the functions of the Inspector under this Act within
such areas or in respect of such class of lift or escalator
installations and subject to such restrictions as the State
Government may direct.

(4) The State Government may,by notification inthe Official Gazette,

appoint persons duly quali lied to assist an Electrical Inspector
under the Electricity Act, 2003 (Act No.36 of 2003) to be
the Assistant Inspector of lifts and escalators.

Inspection and

16. (I) Every lift or-escalator -

charges of fees

(a) shall be inspected by the officer authorised in this behalf
by the State Government -

(i) before the grant ofa license under section 4; and
(ii) in everythree yearsfrom thedate ofgrant oflicense;

(b) may be inspected by such officer to check up compliance
with the order made under sub-section (2) of section 10,
if necessary,

(2) Notwithstanding anything contained in sub-section (1), the
owner ofa building in which a lift or an escalator is installed,
shall get his lift or escalator inspected and tested by a person
authorized under section 13 at an interval of every six months
from the date of grant of Iicense under section 4 and shall
submit such inspection and test report to the Chief Inspector.

(3) The officer authorised under clause (a) ofsub-section (I) and the
person who has inspected and tested the lift or escalator under
sub-section (2) shall submit their report to the Chief Inspector
in such form as may be prescribed.

(4) The fee as may be prescribed shal I be paid by the owner of the
building in which the lift or escalator is installed for each
inspection under sub-section (1) and such fee shall be inclusive
of the fee for the inspection of electrical installation attached
to the lift or escalator installation. The fee shall be paid within
such period and in such manner as may be prescribed.


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342 THE ASSAM GAZETTE, EXTRAORDINARY, MARCH io. lUUb

(5) Where the owner or any person liable to pay fee under this
section does not pay the same ~ithin the prescribed period,
there shall be paid by such owner for the period commencing
immed iately after the prescribed period and ending on the date
of payment of fees, simple interest at the rate of twenty-four
percent per annum on the amount of fees not so paid.

Recovery of fees etc. t 7. All sums payable as fees or interest under this Act shall he recoverable

as arrears of land revenue.

Penalty 18. Whoever contravenes any of the provisions of this Act, rules or the

conditions of a license or a direction given by the Chief Inspector
under this Act or the rules shall, on conviction, be punishable with
fine not exceeding five thousand rupees and, in the case ofcontinuing
contravention, with an additional fine which may extend to one hundred
rupees for every day during which such contravention continues after
conviction for the first such contravention.

Offences by t 9. .( I ) Where an offence under thisActhas beencommitted bya company,
com parues every person who at the time the offence was committed, was

in-charge ofand 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 provided in
this Act, ifhe proves that the offence was committed without
his knowledge aridthat he exercised all due diligence to prevent
the commission of such offence.

(2) Notwithstanding anything contained in sub-section (I), where
an offence under this Act has been committed by a company
and it is 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, ma nager, secretary, or other
officer shall also be deemed to be guilty of that offence and

. shall be liableto be proceededagainst and punishedaccordingly.

Explanation. - For the purpose of this section -.

(a) "Company" means any body corporate and includes a
firm or other association of individuals and;

(b) "Director" in relationto a firm, means a partner in the finn.


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THE ASSAM GAZETTE, EXTRAORDINARY, MARCH 10, 2006 343

Cognizance of 20. No court shall take cognizance of any offence under this Act except
offences with the previous sanction ofthe ChiefInspector or the State Government.

Service of notices, 21. I) Every notice, order or document by order under this Act
orders or documents required or authorized to be addressed to any person may be
served by post or left, -

(a) where a local authority is the addressee, at the office
of the local authority.

(b) where a company is the addressee, at the registered
office of the company not being in India, at the head
office of the company ill India.

(c) where any other person is the addressee, at the usual
or last known place of abode or business of the person.

(2) Every notice, order ordocument by or under this Act required or
authorized to be addressed to the owner or the agent of the
owner or the occupant of any premises shall be deemed to be
properly addressed, if addressed by the description of the
"owner" or "agent 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
isno personon the premisesto whom the samecan with reasonable
diligence be delivered, by affixing it on some conspicuous part
of the premises.

Protection for 22. No suit, prosecution or other legal proceedings shall be instituted
action done in against any officer for anything which is in good faith done, or
good faith intended to be done under this Act or the rules or orders made thereunder.

Lift installed by the 23. In the application of the provisions of th is Act to lifts or escalators
Government installed by the Government, the provisions of this Act shall be deemed

to have been adopted or modified to the extent specified below :-

1) In section 5, in sub-section (1), for the words "every owner" shall
he substitutedbythe words "everyGovernmentOfficer-in-charge".

2) In section 14, in sub-section (2), -

(i) for the words beginning with the words "the owner of
everybuilding"andendingwiththewords"in suchbuilding",

the following shall be substituted, namely -

"for every building in which a lift or an escalator has
been installed by Government, the Government or" :

(ii) for the words "appointed by the owner" the words

"appointed by the Government" shall be substituted.


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344 THE ASSAM GAZETTE. EXTRAORDINARY, MARCH 10, 2006

3) In section 21, in sub-section (1), for clause (a), the following
shall be substituted, namely : --

"(a) where Government is the addressee, at the office of the
agent appointed by Government under sub-section (2)
of section 14".

Power to make rules 24 , (I) The State Government may , by notification in the Official
Gazette, make rules to carry out the purposes of this Act.

(2) In particular and without prejudice to the generality of the
foregoing powers, such rules may provide for all or any of
the following matters, namely-

(a ) the specifications for lifts and escalators;

(b) the manner in which erection plans of lifts and
escalators shall be submitted :

(c) the manner in which the lifts and escalators may be tested;

(d) the form of application for permission to erect a lift or
escalator under sub-section (I) of section 3;

(e) details o&the construction of the overhead arrangement
with the weights and sizes of the beams under item (i)
of sub-section (I) of section 3;

(f) other particulars which the application for permission
to erect a lift or an escalator shall speci fy under item (p)
of sub-section (I) of section 3;

tg) the form in which an applr catiou for license be made
and the fee which shall accompany such application
under sub-section (2) of section 4;

(h) the form in which and the terms and conditions on which
the license may be granted for the working ofa lin or
an escalator under sub-section (4) of section 4;

( i) the form in which an application for renewal oflieensc
shall be made and the fee which shall accompany such
application under sub-section (2) of section 6;

(j) the form of notice to be given under sub-section ( I) of
section 10;


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MARCH 10, 2006 345
THE ASSAM GAZETTE, EXTRAORDINARY,

(I\.) theform inwhich anapplicationtorobtaining authorisation
shall be made and the fee and the particulars which shall
accompany such application under sub-section (2)
of Section 13;

(I) the qualification and other requirements for obtaining
authorisation under sub-section (3) of section 13;

[rn] the form and the manner in which notice of accident
shall be given under sub-section (1) of section 14;

(n) the rate of fee which shall be charged for inspection of
every lift or escalator and the period within which and
the manner in which such fee shall be paid under
sub-section (4) of section 16;

(0) Any other matter which is to be, or may be prescribed.

(3) All rules made by the State Government under this Act shall,
as soon as may be after they are made, be laid before the State
I.egislative Assemblywhile it is illsession, for a total period

of not less than fourteen days which may be comprised in one
session or two or more successive sessions, and shall, unless
some later date is appointed; take effet from the date of their
publication in the Official Gazette subject to such modifications
or annulments as the Legislative Assembly may, during the said
period agree to make, so however, that any such modification
or annulment shall be without prejudice to the validity of
unvthing previously done tbcreundcr

Affect on Electricity 25. Nothing contained in this Act shall affect the provisions of the
Act, 2003 ElectricityAct, 2003 (Act No.36 of2oo3) or any rules made thereunder.

M.KDEKA,
Commissioner & Secretaryto theGovt.ofAssam,

Legislative Department.

GUWAHATI- Printed & Published by the Dy. Director (P&S), Directorate ofPtg. & Sty., Assam,
Guwahati-21,(Ex-Gazette) No. 121-500-600-10-3-2006.


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