Tamil Nadu Lifts and Escalators Act, 1997

No: 35 Dated: May, 19 1997

THE TAMIL NADU LIFTS AND ESCALOTORS ACT, 1997

(Tamil Nadu Act No. 35 of 1997)

An Act to provide for the regulation of the erection, maintenance and safe working of certain classes of 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. Short title, extent and commencement. - (1) This Act may be called the Tamil Nadu 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 Government may, by notification, appoint.

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

(a) "Government" means the State Government;

(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 Inspector of Lifts appointed under section 3;

(c) "Lift" means a hoisting mechanism designed to carry passengers or goods or both and equipped with a car which moves in a substantial vertical direction and is worked by power, but does not include a hoist or lift to which the Factories Act, 1948 (Central Act 63 of 1948) applies.

Explanation. - For 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 agency;

(d) "Lift car" means the cage or car of a lift and includes the floor or platform, car flame sling, and enclosing body work;

(e) "Lift installation" includes the lift car, 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 possessions of, and control over the affairs to 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, secretary or by any other name whatsoever.

3. Appointment of Inspector of lifts. - The Government may, by notification, appoint one or more person's possessing such qualification as may be prescribed to be Inspectors for the purposes of this Act and specify in such notification the local limits of their jurisdiction.

4. Permission to erect a lift. - (1) No owner of a place shall on and after the commencement of this Act in such place except under, and in accordance with a permission granted under this Act.

(2) Every application for permission to erect a lift shall be made in writing to the Inspector and shall be accompanied by such fee not exceeding one thousand rupees as may be prescribed and shall contain the following particulars namely:-

(a) the type of the lift;

(b) the rated maximum speed of the lift;

(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;

(i) such details as may be prescribed of the construction of the overhead arrangement with the weight and sizes of the beams; and

(j) 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 lift, send a report of completion to the Inspector in such form as may be prescribed.

(5) Where the Inspector refuses to grant permission under sub-section (3), she shall give reasons in writing for such refusal.

5. Licensee for working of lift. - (1) No owner of a place shall work or cause to be worked or allow the working of any lift 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 such fee not exceeding one thousand rupees 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 period of one year from the date on which it is granted and shall be renewable yearly 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.

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