The Uttar Pradesh government recently passed the UP Lift and Escalator Act 2024, to regulate and provide registration of the construction, building, installation, maintenance, and safe working of lifts and escalators and of all machinery and apparatus pertaining thereto in the State of Uttar Pradesh. However, the rules have yet to be notified. This act intends to safeguard the safety of people utilizing vertical transit systems while reducing the danger of accidents and disasters. It mandates that all owners of lifts and escalators register their machinery with the relevant authorities and adhere to strict safety regulations involving routine maintenance and inspections to ensure lift or escalator is in good operating condition. The act also lays out penalties for non-compliance, which includes fines and eventual closure of establishment.

The act has introduced at a crucial time as the state is experiencing an increase in the number of high-rise buildings and commercial complexes, which will raise demand for escalators and lifts. In general, the Uttar Pradesh Lift and Escalator Act 2024 represents a significant step towards enhancing the safety, reliability and dependability of lifts and escalators in the state. By implementing stringent regulations on lift installation establishments, building owners, and CCTV installation, the law aims to prevent accidents and safeguard the safety of those who use lifts and escalators in buildings throughout Uttar Pradesh.

Key Provisions:-

• The new legislation requires registration of lift installation agencies, including manufacturers, commissioning and installing agencies, and those responsible for constructing and maintaining elevators in buildings across Uttar Pradesh.
• Owners must install an automated rescue system to save trapped passengers following a breakdown. It moves the elevator to the nearest floor, maintains the doors open, and delivers the required resources.
• Instructions for utilizing evacuation precautions should be posted in the elevator, and CCTV cameras are required in lifts erected on public premises.
• It is required for owners of escalators and lifts in public spaces to carry insurance that covers accidents. Government norms ought to be followed when it comes to compensating the wounded or deceased.
• Before utilizing a lift or escalator, the owner is required to notify authorized government officials about the completion of commissioning before using the lift or escalator. Unless commissioned on government grounds, this should be done using a prescribed format and paying a fee.
• The owner must ensure that the elevator or escalator is regularly maintained by obtaining a complete annual maintenance contract (AMC) from the original equipment manufacturer (OEM) or an authorized service provider.
• Owner to submit copy of annual maintenance contract (AMC) or any other maintenance agreement to authority annually, except in case of lifts and escalators in private buildings
• Owner to ensure maintenance of the lift or escalator on monthly basis.
• Owner to take fitness certificate from the annual maintenance contract (AMC) technical team every time the technical team visits for maintenance or attending to any fault and the entry to this effect shall be made by the AMC technical team in the logbook for periodic maintenance
• Owner to ensure any technical issues coming up during day-to-day operations, are attended promptly. There should be a prominent “NOT IN USE” sign posted if the elevator or escalator is not in operation.
• A logbook of periodic maintenance must be maintained and posted near the lift or escalator on public property and the same shall be produced when requested by any such government official as the Government may authorize in this behalf.
• Owner to conduct mock drill exercises at least twice a year for safe exit the passengers’ safe evacuation in the event of an emergency.
• In the event that a lift or escalator accident causes harm or death, the owner is required to report the incident to the police and District Magistrate within a day. Lift and escalator operations should be avoided, unless in cases of emergency. The District Magistrate must give written approval before activities may resume following the acquisition of a technical report from the Electrical Inspector. In public areas, an independent accident logbook needs to be maintained and stored close to the escalator or lift. It is the owner’s responsibility to provide the affected parties with the monetary compensation that the government mandate.
• In addition, the law explicitly resolves the problem of non-compliance by highlighting the possible risk and dangers to public safety. The District Magistrate has the power to mandate closure of lift or escalator until the required corrections are made in the case of significant non-compliance that jeopardizes public safety. This emphasizes the act’s dedication to putting public safety first.
• Moreover, the penal provision under Section 13(5) indicates that non-compliance might result in punitive action. This regulation as a disincentive, forcing owners to give compliance and escalator safety-first priority.

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LLM, BA LLB Meghna Anand