No: 22 Dated: Jan, 10 2020

THE WEST BENGAL LIFTS, ESCALATORS AND TRAVELATORS ACT, 2019

West Bengal Act XXII of 2019

    An Act to provide for the regulation of the installation, maintenance and safe working of lifts, escalators and travelators and all machinery and apparatus pertaining thereto in the State of West Bengal and for matters connected therewith or incidental thereto.

    WHEREAS it is expedient to provide for the regulation of the installation, maintenance and safe working of lifts, escalators and travelators and all machinery and apparatus pertaining thereto in the State of West Bengal and for matters connected therewith or incidental thereto;

    It is hereby enacted in the Seventieth Year of the Republic of India, by the Legislature of West Bengal, as follows:-

1. Short title, extent and commencement:- (1) This Act may be called the West Bengal Lifts, Escalators and Travelators Act, 2019.

(2) It extends to the whole of West Bengal.

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

2. Application:- Nothing in this Act shall apply to installation and working of any lift, escalator or travelator—

(i) in any mine within the meaning of the Mines Act, 1952;

(ii) to which the provisions of the Factories Act, 1948, apply;

(iii) in the premises of Central Government or its undertakings;

(iv) in the premises owned or controlled by the Public Works Department of the Government of West Bengal;

(v) in any premises or any class or sub-class of elevating device as the State Government may, by notification, exempt.

3. Definitions:- 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 Electrical Inspector" means the person appointed as the Chief Electrical Inspector by the State Government;

(d) "contract load" means the load specified in the maker's specification of a lift or an escalator or a travelator as being the maximum load which the lift or the escalator is capable of carrying;

(e) "counter weight" means the weight or series of weights to counterbalance the weight of a lift car and part of the load;

(f) "escalator" means a moving inclined continuous stairway or runway used for raising and lowering passengers, which is worked by power;

(g) "Inspector of Lift" means the person appointed as the Inspector of Lift by the State Government;

(h) "license" means a certificate granted in prescribed form under section 5;

(i) "lift" means a hoisting and lowering mechanism equipped with a lift car which is designed to move in guides in a substantially vertical direction and is worked by power and includes a machine room less lift;

(j) "lift Car" includes the platform, car frame and the enclosure of al ft car;

(k) "lift Installation" used in relation to a lift includes the lift (that is to say the mechanism and the lift car), the lift well, the lift well enclosure and all ropes, cables, wires and plant directly connected with the operation of the lift;

(1) "lift well" means the unobstructed space provided for the movement of a lift car and any counter-weight and includes the pit and the space for top clearance for the lift car and the counterweight;

(m) "lift well enclosure" includes any permanent substantial structure which separates a lift well either wholly or in part from its surroundings;

(n) "machine room less lift" is kind of lift without having the conventional machine room and having all the machineries within the lift shaft;

(o) "notification" means the notification published in the Official Gazette;

(p) "Owner of any premises" includes a person, authority or organization, 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, authority or organization is called a managing trustee, an agent, a correspondent, manager, superintendent, secretary or by any other name whatsoever;

(q) "pit" means the space in a lift well below the level of the lowest lift landing;

(r) "pit depth" means the vertical distance between the level of the lowest lift and the bottom of pit;

(s) "power" means energy generated by electricity, water, oil, gas, steam or any combination of them;

(t) "prescribed" means prescribed by rules made under this Act;

(u) "State Government" means the Government of West Bengal;

(v) "travelator" means a kind of escalator which is also known as moving walkway having angle of inclination normally within 10° and pallet width of minimum 800 mm and will follow the International Standards till any Indian Standard comes in force.

(w) "top clearance" means—

(i) for a lift Car — the distance which the lift car floor can travel above the level of the highest lift landing without any part of the lift car or its attachments coming into contact with overhead structure or other obstruction,

(ii) for counter weight — the distance between any part of the counterweight assembly and the nearest part of the overhead structure or any other obstruction when the lift car floor is levelled with the lowest lift landing.