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THE MAHARASHTRA LIFTS, ESCALATORS AND MOVING WALKS ACT, 2017
In Maharashtra, We Are Governed By THE MAHARASHTRA LIFTS, ESCALATORS AND MOVING WALKS ACT, 2017. An Act To Provide For Safe Working Of All Classes Of Lifts, Escalators, Moving Walks And All Machinery.
Sir Kindly Find The IMPORTANT DEFINITION, Also IMPORTANT SECTION As Per Act :-
1. “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 ;
2. “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;
3. “OCCUPANT” Means The Owner Or Person In Occupation Of The Premises Where Lift, Escalator Or Moving Walk Is Installed Or Proposed To Be Installed ;
4. “OWNER” Means A Person Or A Body Of Persons Or A Body Corporate Who Owns Or Operates Or Maintains Lift, Escalator Or Moving Walk ;
5. “COMPANY” Means Any Body Corporate And Includes A Firm Or Other Association Of Persons Or Body Of Individuals Whether Incorporated Or Not, And
6. “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.
QUERY NO. 1 – CAN YOU PLEASE LET ME KNOW,
- IN CASE OF ANY MISHAP OR ACCIDENT THE LIABILITY IS WITH SOCIETY OR PRIDE SINCE THE OWNERSHIP IS WITH THEM.
- CAN WE GET A LEGAL WIN AGAINST THEM IN THAT CASE.
CLARIFICATION NO. 1 :- IN CASE OF ANY MISHAP OR ACCIDENT THE LIABILITY IS WITH SOCIETY OR PRIDE SINCE THE OWNERSHIP IS WITH THEM.
- As Per The Above Definition’s, We The Society Are The OCCUPANT & OWNER At The Same Time, And The Builder In Whose Name The License May Have Been Granted Is The OWNER,
- Sir We May Have To Confirm, Whether, The License Is Granted In The PRIDE Name Or In Our Building Name.
- Sir In Case Of Any MISHAP OR ACCIDENT, Then We As Occupant / Society As Per SECTION 25 :- CONCURRENT LIABILITY :- 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.
- So Sir, We As Society May Also Be Held Liable Under CONCURRENT LIABILITY.
CLARIFICATION NO. 2 :- CAN WE GET A LEGAL WIN AGAINST THEM IN THAT CASE.
BOMBAY HIGH COURT :- SOCIETY OFFICE – BEARER WERE NOT RESPONSIBLE, FOR BOY WHO DIED TRAPPED BETWEEN LIFT AND FLOOR :- BOMBAY HIGH COURT.
Also As Per SUB-SECTION 33 :- 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.
- Sir, In This Scenario, Bombay High Court, Has Quashed A Case Of Causing Death By Negligence, Registered Against The Office-Bearer Of A Cooperative Housing Society In Nalasopara. On November 19, 2013,
- Society Office – Bearer Were Not Responsible, For Boy Who Died Trapped Between Lift And Floor :- Bombay High Court.
- A Young Boy Using The Lift To Go Upstairs Was Trapped In The Gap Between The First Floor And The Lift And Died. The Boy’s Father, Mohammed Shaikh, Had Approached The Police, Who Registered A Complaint. Shaikh Had Alleged That The Lift Had Been Installed At Saidham Tower In Achole 12 Years Ago, And No Repairs Had Been Undertaken Since Then. He Said That 10 Months Before The Accident, The Lift Had Dropped From The Seventh Floor To The Ground Floor, Skipping Several Floors In Between.
- However, The Office-Bearers Still Did Not Do Anything. He Said The Office-Bearers And The Maintenance Contractors Were Responsible For His Son’s Death. “Even Assuming That The Allegations Of Omission On Their Part Constitute The Act Of Negligence, The Omission On The Part Of The Managing Committee And The Office-Bearers Has No Direct Connection With The Unfortunate Incident In Which The Boy Lost His Life,” Said The Division Bench Of Justice Abhay Oka And Justice Anuja Prabhudessai. They Quashed The Offence Registered Against Shivkumar Singh, An Office-Bearer Of The Housing Society. The Bench Said One Of The Essential Ingredients Of Section 304A (Causing Death By Negligence) Is That The Accused Must Commit A Rash And Negligent Act Resulting In Death.
- It Added That The Office-Bearers Could Not Be Booked For Causing Death By Negligence By Their Mere Failure To Replace Or Repair The Old Lift. “By No Stretch Of Imagination Is The Offence Punishable Under Section 304A Applicable To The Office-Bearers And Managing Committee,” Said The Bench.
QUERY NO. 2 – ALSO, PLEASE ADVISE IF WE PRIDE IS LEGALLY OBLIGATED AS PER RULES TO TRANSFER OWNERSHIP OF THE ELEVATORS TO THE SOCIETY
CLARIFICATION NO. 2 :-
Sir,For The Time Being, If We Consider That Pride Has Ownership Is With Them.
Then In This Case, We May Issue A Final Intimation Letter Followed Up By A Legal Notice To Pride Group, For Transfer Of Ownership At The Time Of Renewal Of License, Or During Inspection Period For Renewal.
Also We May Write Up A Intimation Letter Explaining About Our Concern, To The
CHIEF ELECTRICAL INSPECTOR, ELECTRICAL INSPECTORS (LIFTS), And / Or
ASSISTANT ELECTRICAL INSPECTORS (LIFTS),
Also Sir, As Per SECTION 19 :- SUSPENSION OR CANCELLATION OF LICENCE :- 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.
Sir Kindly Find The IMPORTANT SECTION As Per Act :-
SECTION 15 :- REPORT OF ACCIDENT AND INQUIRY :-
(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 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.
SECTION 19 :- SUSPENSION OR CANCELLATION OF LICENCE :-
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.
SECTION 25 :- CONCURRENT LIABILITY :-
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.
SECTION 26 :- INTIMATION ABOUT CLOSURE :-
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.
SECTION 32 :- PENALTIES :-
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.
SECTION 33 :- OFFENCES BY FIRMS OR COMPANIES :-
(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.
POWER TO REMOVE DIFFICULTIES. :- ON THE COMMENCEMENT OF THIS ACT THE MAHARASHTRA LIFTS ACT SHALL STAND REPEALED.
ANNEXURES :- THE MAHARASHTRA LIFTS, ESCALATORS AND MOVING WALKS ACT, 2017.
SIR IF ANY ADDITIONAL CLARIFICATION IS REQUIRED, DO LET ME KNOW SIR.
THANKS & REGARDS SIR.
ADVOCATE AJIT ARJUN CHAUGULE.
