We are often requested by housing societies to install CCTV cameras inside elevators. However, as a responsible service provider, we politely refuse these requests and urge societies to follow proper procedures.
Our Opinion : As per the Maharashtra Lifts Act, 2017, only licensed electrical contractors with prior permission from the Electrical Inspector can undertake wiring work related to lifts. If an unqualified company undertakes illegal wiring, it jeopardizes the safety of residents. Still, we lose contracts because other providers readily disregard the law.
Through this document, we aim to create awareness about the Maharashtra Lifts Act 2017 among our customers. We have explained the licensing requirements for lift-related electrical work, penalties for non-compliance, and outcomes in case of accidents. Our steadfast commitment to safety may cost us business, but we will not compromise on residential welfare.
We advise all housing societies to mandatorily obtain electrical Inspector permissions and hire authorized technicians for any lift wiring. Together, we can curb dangerous practices and ensure hazard-free lift operations. If you have any other concerns regarding the 2017 Lifts Act, our experts would be happy to discuss them for your understanding.
This is our opinion and not the law . Based on our understanding of the Maharashtra Lifts, Escalators and Moving Walks Act, 2017, a CCTV company cannot do the wiring to install CCTV cameras in the lift unless they have a valid electrical contractor’s license issued under the Central Electricity Authority (Measures relating to Safety and Electric Supply) Regulations.
The key points regarding wiring for lifts from the Act are:
- Any electrical work related to lifts needs to be done by an “approved contractor” who possesses a license issued by the Chief Electrical Inspector (Section 2a, 5)
- The license is granted to electrical contractors who have a valid electrical contractor’s license under the Central Electricity Authority regulations (Section 5)
So a CCTV company would not be allowed to do the lift wiring for CCTV cameras unless they fulfill these criteria of having the approved electrical contractor’s license. The wiring needs to be done by a properly licensed electrical contractor as per the regulations.
According to Section 32 of the Act, if any company contravenes the provisions of this Act, rules or conditions of a license, they shall be punished with a fine which may extend to Rs. 50,000. And in case of a continuing contravention, an additional fine may extend to Rs. 1,000 per day.
Regarding possible outcomes if there is a mishap in the lift, a few things:
- If the mishap is proven to be caused due to faulty wiring done by an unauthorized company, then penalties will be imposed on that company as per Section 32.
- Additionally, Section 25 mentions concurrent liability – so the lift installation/maintenance company can also be prosecuted and held liable if the accident was due to malfunctioning of any safety provisions, even if caused by faulty cabling.
- If the mishap or accident is proven to NOT be due to the cabling done by the CCTV company, then too action would be taken against them for installation with taking permission . But the lift owner/company would still need to comply with accident reporting requirements under the act .
- However, under Section 21 – if upon inspection the lift is found to be in an unsafe condition due to any reason, the Electrical Inspector can direct the owner to carry out repairs/alterations. So some action may be required even if the CCTV wiring did not directly cause any mishap.
Question : what would be the liability of the managing committee of a society if they have given an order for cctv cabling without taking the permission of the electrical authority as per the act and what would be the liability incase of any accident in the lift .Will the cctv contractor also be responsible or will the managing committee only be responsible and quantum of punishment ?
As per the Act, if the managing committee of a society has given an order for CCTV cabling in lifts without taking permission from the electrical authority as per the Act, then the following would be the liabilities:
- Liability of Managing Committee:
- The managing committee can be prosecuted under Section 32 for contravening the provisions of the Act and penalties prescribed (fine up to Rs. 50,000 and additional fine up to Rs. 1,000 per day for continuing contravention).
- As per Section 33, the people in-charge of and responsible for the managing committee would also be deemed guilty and liable for punishment.
- Liability in case of accident:
- If the accident is due to faulty CCTV wiring, then the CCTV contractor would be liable under Sections 32 and 25. The managing committee can also face action for contracting an unauthorized company.
- If the accident is NOT due to CCTV wiring, still the managing committee can face prosecution if non-compliance to any provisions of the Act led to unsafe conditions under Sections 21 and 32.
- CCTV Contractor’s liability:
- Prosecution and penalties under Section 32 if their faulty wiring caused the accident.
- Concurrent liability under Section 25 for the accident even if caused by other factors, but related to malfunctioning of safety provisions.
So in our opinion , the managing committee would be prosecuted for non-compliance to the Act. The contractor may also be liable if involved in accident causation. And penalties can be fines up to Rs 50,000 plus additional Rs 1,000 per day – depending on factors causing the accident.
Question :will there be any charges under IPC incase of hurt or death due to lift accidents ?
Some relevant sections under IPC:
- Section 287 – Negligent conduct with respect to machinery: Imprisonment up to 6 months or fine up to Rs 1,000 or both.
- Section 336 – Act endangering life or personal safety of others: Imprisonment up to 3 months or fine up to Rs 250 or both.
- Section 337 – Causing hurt by act endangering life or personal safety of others: Imprisonment up to 6 months or fine up to Rs 500 or both.
- Section 338 – Causing grievous hurt by act endangering life or personal safety of others: Imprisonment up to 2 years or fine up to Rs 1,000 or both.
- Section 304A – Causing death by negligence: Imprisonment up to 2 years, or fine, or both.
So if the lift accident results in hurt or death of someone due to negligent conduct, then relevant IPC sections can be applied against the responsible parties – like lift owner/company, electrical contractor, managing committee etc. depending on the cause of accident.