Jharkhnad Lift and Escalators Act, 2017

No: 18 Dated: Dec, 04 2017

The Jharkhnad Lift and Escalators Act, 2017

(Jharkhand Act No. 18, 2017)

    An Act to provide for the regulation of the construction, installation, maintenance and safe working of lifts and escalators and all machinery and apparatus pertaining thereto in the State of Jharkhand.

    Be it enacted by the Legislature of the State of Jharkhand in the Sixty Seventh year of the Republic of India as follows :-

1. Short title, extent and commencement:-(1) This Act may be called as The Jharkhand Lift and Escalators Act, 2017.

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

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

2. Definitions:- In this Act unless the context otherwise required,-

(a) “automatic rescue device” means a device which, in case of power failure in the building, enables the lift to land and stop at the nearest landing floor and open the landing and lift cage doors simultaneously;

(b) “escalator” means a moving inclined continuous stairway or runway used for raising or lowering passengers, which work on power;

(c) “Government” means the Government of the State of Jharkhand;

(d) “Inspector” means the Electrical Inspector appointed by State Government under Sub Section (1) of Section 162 of the Electricity Act, 2003 (Central Act 36 of 2003), who has Territorial Jurisdiction over the place of installation of a lift or an escalator;

(e) “lift” means a hoisting and lowering mechanism equipped with a cage which moves in an upward and downward direction, and work on power and is designed or is actually used to carry passengers or goods, or both;

(f) “lift cage” means a car or a cage of a lift used for the conveyance of passengers or goods, or both;

(g) “lift installation” includes a lift cage, a lift way, a lift way enclosure, and an operating mechanism of the lift and ropes, cables, wires, safety provisions and plant and machinery connected with the operation of the lift;

(h) “ lift way” means a shaft or hoist way in which the lift cage travels;

(i) “lift way enclosure” includes any substantial structure surrounding or enclosing the lift way;

(j) “owner” means an owner or occupier or office bearer of a society or an association, or a tenant, of the whole or part of a premises, who has applied for registration;

(k) “passenger” means any person who uses the lift or escalator for the purpose of his conveyance;

Explanation.- For the purpose of this clause, a lift operator shall also be treated as a passenger;

(l) “power” includes electrical, hydraulic, pneumatic or mechanical power, etc. or a combination of any of these;

(m) “premises” means any structure, whether temporary or permanent, where a lift or escalator is installed;

(n) “prescribed” means prescribed by rules made under this Act;

(o) “registration” means assignment of a number to a lift or escalator by the Inspector under section 4 of this Act.

(p) “section” means a section of this Act;

(q) “State” means the State of Jharkhand.

3. Appointment of officers and officials:- (1) The Government shall, by notification in the Official Gazette, appoint a Chief Electrical Inspector and as many Inspectors other officers and officials, as may be necessary, having such qualifications as may be prescribed, for the purpose of performing the functions assigned to them by or under this Act.

(2) The Chief Electrical Inspector shall have general superintendence and control over the Inspectors and other officers and officials in the State and may issue necessary directions for carrying out the purpose of this Act.

4. Registration:- (1) Every owner shall, within a period of one month after the completion of the installation of a lift or an escalator, apply for registration for such lift or escalator, in such form and manner along with such fee as may be prescribed. The fee shall be non-refundable.

(2) On receipt of an application, complete in all respects, the Inspector shall register the lift or escalator, by assigning a number to it within a period of thirty days.

(3) Every owner of a lift or escalator, shall submit every year a copy of annual lift or escalator maintenance contract or any other arrangement made for maintenance of lifts and escalators to the Inspector in token of having the contract or arrangement made with any lift or escalator maintenance company for the smooth and safe running of the lift or escalator.

(4) Every owner of a lift or escalator shall also furnish all annual safety certificates in such form and manner as may be prescribed for the smooth and safe running of the lift or escalator.

5. Automatic rescue device:- The owner shall make arrangement to provide for an automatic rescue device to rescue the travelling passengers trapped in the lift in the event of breakdown of power supply by bringing and stopping the lift at the nearest landing floor and keeping the landing and lift cage door open.

6. Alternate power supply system:- The owner shall make arrangements to provide for alternative automatic power supply system to ensure the functioning of the lift in the event of breakdown of power supply within a period of thirty seconds.

7. Inspection:- Every lift and escalator which has been registered shall be inspected once in a period of three years by the Inspector or by an officer or an agency authorized by the Government on its behalf. A fee as may be prescribed shall be charged for such inspection, in addition to any other electrical installation testing fees.