No: 18 Dated: Apr, 24 2013

The Kerala Lifts and Escalators Act, 2013

(Act No. 18 of 2013)

    An Act to provide for the regulation of the erection. maintenance and safe working of Lifts and Escalators and all machinery and apparatus pertaining thereto in the State of Kerala and for matters connected therewith or incidental thereto.

    Preamble. - Whereas, it is expedient to provide for the regulation of the erection, maintenance and safe working of Lifts and Escalators and all machinery and apparatus pertaining thereto in the State of Kerala and for matters connected therewith or incidental thereto;

Be it enacted in the Sixty-fourth Year of the Republic of India as follows:-

1. Short title and commencement. - (1) This Act may be called the Kerala Lifts and Escalators Act, 2013.

(2) It shall be deemed to have come into force on the 1st day of March, 2012.

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

(a) "escalator" means a power driven continuous moving stairway used for transporting passengers up and down in short inclined distances and includes a travelator;

Explanation. - For the purpose of this clause, "power" means electrical energy or any other forms of energy which is mechanically transmitted and is not generated by human or animal energy;

(b) "escalator installation" includes the escalator, the track, the trusses or girders, the balustrade, the step treads and landings and all chains, wires and plant, directly connected with the operation of the escalator;

(c) "Government" means Government of Kerala;

(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 escalator;

(e) "licence" means licence granted under section 4;

(f) "lift" means a hoisting mechanism designed to carry passengers or goods or both and equipped with a car which move 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 LXIII of 1948) applies;

Explanation. - For the purpose of this clause, "power" means electrical energy or any other forms of energy which is mechanically transmitted and is not generated by human or animal energy;

(g) "lift car" means the cage or car of a lift and includes the floor or platform, car frame slings and enclosing body work;

(h) "lift installation" includes the lift car, the lift way, 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.

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

(j) "Rules" means rules made under this Act;

(k) "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 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, secretary or by any other name whatsoever.

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