Background
Assam Lifts and Escalators Act, 2011 and the Assam Lifts and Escalators Rules, 2010 constitute the principal legislative framework governing the installation, licensing, operation, maintenance, and inspection of lifts and escalators in the State of Assam. The Act confers regulatory authority on the Chief Inspector of Lifts and Escalators and designated authorised officers, who are empowered to grant installation permissions and operating licences, authorise persons engaged in erection and maintenance, conduct inspections, issue repair and discontinuation orders, and take enforcement action against non-compliant owners. The framework is structured around a two-stage compliance cycle: first, obtaining permission to install; and second, obtaining and maintaining a valid operating licence as a condition precedent to lawful operation. Periodic six-monthly inspections by authorised persons are mandatory throughout the operational life of the installation. The Rules also prescribe the qualifications for lift attendants, the BIS standards to be followed for materials and equipment, the format of accident reports, and the conditions subject to which licences are granted and maintained.
Applicability
Act and Rules apply to all owners of premises in Assam where a lift or escalator is installed or proposed to be installed — including commercial buildings, industrial establishments, hospitals, hotels, and residential complexes of applicable categories. Owners of lifts and escalators installed prior to the commencement of the Act are separately required to obtain operating licences within three months of the Act’s commencement. Persons and entities engaged in the erection and maintenance of lifts and escalators must hold a valid authorisation from the Chief Inspector. Owners of passenger lifts and hospital lifts in non-residential premises are additionally required to appoint a qualified lift attendant. All obligations under the Act apply on a continuous basis for as long as the lift or escalator remains installed and operational.
Compliance Requirement Under the act in Accordance with the Rules & Regulations:
Every owner intending to install a lift or escalator in Assam must submit an application in the prescribed form to the authorised officer before commencing installation. The permission granted is valid for six months from the date of issue and may be extended by a further period of up to six months on sufficient cause being shown. On grant of permission, the owner must ensure that the lift or escalator is erected only by a person authorised under Section 13 of the Act.
The owner of premises where a lift or escalator has been installed must apply for an operating licence within one month of completion of erection. No lift or escalator may be operated except under and in conformity with the terms of a valid operating licence. Licence fees are prescribed as: ₹1,000 for lifts with speed up to 0.63 m/s; ₹1,500 for lifts with speed between 0.63 and 1.00 m/s; ₹2,000 for lifts with speed above 1.00 m/s; and ₹5,000 for escalators.
Every owner of a lift or escalator that was installed before the commencement of the Act must apply for an operating licence within three months from the date of such commencement. The application must be submitted in Annexure-VIII (for lifts) or Annexure-IX (for escalators), along with the prescribed fee.
Every owner must ensure that the erection and maintenance of lifts and escalators is entrusted only to persons or entities duly authorised by the Chief Inspector of Lifts and Escalators. Such authorisation is valid for a calendar year and must be renewed before 15th December of each year. Failure to renew renders the authorisation void, and any work carried out by an entity whose authorisation has lapsed constitutes a contravention of the Act and Rules.
Every owner must appoint an authorised person to maintain the lift or escalator within one month from the date of grant or renewal of the operating licence. A declaration in the prescribed form (Annexure XI) must be furnished to the Chief Inspector within this period. Any subsequent change in the appointed maintenance person must also be notified to the Chief Inspector as required under the licence conditions.
The owner of every lift or escalator must arrange for it to be inspected and tested by a person authorised under Section 13, at intervals of not more than six months from the date of grant of the operating licence. The authorised person must submit the inspection and test report to the Chief Inspector after each inspection. Where the authorised officer identifies deficiencies and issues a repair order, non-compliance within the stipulated time may result in an order under Section 10(2) prohibiting further use of the lift or escalator.
The owner must pay the prescribed inspection fee within ten days of inspection — or at the time of inspection — by challan under the prescribed account head. Inspection fees are: ₹500 for lifts with speed up to 0.63 m/s; ₹800 for lifts with speed between 0.63 and 1.00 m/s; ₹1,000 for lifts with speed above 1.00 m/s; and ₹3,000 for escalators. Non-payment of the fee attracts simple interest at 24% per annum under Section 16(5), and the outstanding amount is recoverable as arrears of land revenue under Section 17.
For every passenger lift and hospital lift operating in premises other than residential premises, the owner must appoint a lift attendant who must remain on duty for the entire period the lift is in operation. The attendant must have passed at least the 8th standard, be physically fit, be conversant with the operation of the lift and rescue procedures, and be at least 18 years of age. The name of the appointed attendant must be reported to the authorised officer.
The owner must maintain a separate log book for each lift or escalator installed at the premises. All repairs and periodic maintenance works carried out by the authorised maintenance person must be recorded in the log book. The log book must be maintained at the premises at all times and must be available for inspection.
The owner must at all times: maintain the lift or escalator through a person authorised under Section 13; promptly report any defects and not operate an unsafe lift or escalator; repair any damaged parts immediately and replace worn ropes or components without delay; affix maintenance notices as required; keep the machine room locked when the lift or escalator is out of order; and not permit the carriage of inflammable or dangerous materials in the lift or escalator.
All materials and equipment used in lift or escalator installations must conform to the applicable Bureau of Indian Standards (BIS) specifications and must bear the BIS certification seal. For materials in respect of which Indian Standards do not exist, the materials must be of approved workmanship and quality. The lift well must conform to BIS 14665 (Part-1)-2000. All applicable BIS guidelines must also be followed by the persons to whom they are directed.
The owner must permanently display a copy of the operating licence in the lift car and in the machine room for every lift, and in a conspicuous position near the escalator for every escalator. This obligation is a standing licence condition under Annexure VI (lifts) and Annexure VII (escalators) and applies at all times during which the operating licence is in force.
Every owner or their agent must permanently affix, in a conspicuous place in the machine room, instructions for restoring persons suffering from electric shock. The instructions must be displayed in English or Hindi and in Assamese, and must be maintained legibly at all times.
The owner or their agent must afford all reasonable facilities to the Inspector or any authorised person for the inspection of the lift or escalator at all times. When directed by the Inspector, the owner must procure the attendance of the authorised erection or maintenance contractor at the premises for inspection purposes, at the owner’s own cost.
Where an accident occurs — or appears likely to have occurred — causing or likely to cause loss of life or bodily injury in connection with a lift or escalator, the owner or their agent must immediately inform the Inspector and also notify the Superintendent of Police and the District Magistrate of the area. A detailed report in the prescribed form (Annexure XVI) must be submitted to the Chief Inspector within 48 hours of the accident. The lift or escalator must not resume operation after an accident without written permission from the authorised officer.
No additions or alterations — other than those required to be made under Section 10(2) pursuant to an officer’s order — may be made to any lift or escalator installation without prior written permission from the authorised officer. The application for permission must be submitted in Annexure-I (for lifts) or Annexure-II (for escalators), accompanied by drawings and a declaration by the authorised person.
Where a lift or escalator ceases to be in use, the owner or their agent must give written notice to the Inspector. The owner must then either remove the lift or escalator from the premises or maintain it safely disconnected from all power sources. All gates and doors to the lift well must be efficiently locked to prevent the entry of unauthorised persons. If directed by the Inspector, the owner must take any additional precautions considered necessary to prevent danger from the unused lift or escalator.
The owner or their agent must comply with any order issued by the authorised officer requiring repair or alteration of a lift or escalator within the time period specified in the order, and must report compliance in writing to the officer upon completion. Where an order to discontinue use of the lift or escalator has been issued under Section 10, such order must be obeyed immediately and remains in effect even during any appeal under Section 11, unless the appellate authority specifically suspends the order.
Penalty & Consequences
The following penalty provisions and financial consequences apply across the compliance obligations covered in this blog.
Section 18 of the Assam Lifts and Escalators Act, 2011 — General Penalty for Contravention of the Act or Rules
Any person or entity that contravenes any provision of the Assam Lifts and Escalators Act or the Rules made thereunder shall be punishable with a fine of up to ₹5,000. In the case of a continuing contravention, an additional fine of up to ₹100 for every day during which the contravention continues after conviction for the first such contravention shall also be imposed. In addition, the Chief Inspector is empowered to suspend the operating licence of the defaulting owner for such period as the Chief Inspector deems fit. Where the person in default is a company, every person who at the time of the contravention was in charge of and responsible for the conduct of the business of the company shall also be deemed guilty of the offence and liable to be proceeded against and punished accordingly, unless they prove that the contravention was committed without their knowledge or that they exercised all due diligence to prevent its commission.
Section 16(5) and Section 17 of the Assam Lifts and Escalators Act, 2011 — Interest and Recovery for Non-Payment of Inspection Fee
Where the prescribed inspection fee is not paid within the specified period, simple interest at the rate of 24% per annum shall be levied on the outstanding amount from the date it fell due until the date of actual payment. The outstanding inspection fee, along with the accrued interest, is recoverable from the owner as arrears of land revenue under Section 17 of the Act.
Section 10(2) of the Assam Lifts and Escalators Act, 2011 — Order to Discontinue Use
Where an owner or agent fails to comply with a repair or alteration order issued by the authorised officer within the time specified, or where the authorised officer is satisfied that a lift or escalator cannot be used safely without danger to persons, the officer may order the owner to discontinue use of the lift or escalator with immediate effect. This order remains operative even during an appeal under Section 11, unless the appellate authority specifically passes an order of suspension.
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