With high-rises and multi-storeyed buildings coming up in large numbers elevators have become the need of the day. But like all other society assets the usage of elevators also have certain rules and regulations associated to it to prevent misuse and to ensure proper maintenance. However, residents most of the time get into a tiff with security guards and even managing committee members over these rules. This creates a lot of tension and unwanted discord within the premises. In Mumbai under the Maharashtra Lifts Act (X of 1939) some changes have been made and rules have been put in place in a more concrete manner. Below are some of the things that members of a housing society must keep in mind while using elevators in their communities.
Housing societies commercial buildings have a number of lifts according to the requirement. However, it’s to be kept in mind that the number of elevators must and can only be erected as per the requirements laid down in the Development Control Regulation. These rules have be enforced in a stricter manner this month. Section 4 of the Bombay Lifts Act 1939 states that –
- Initially a permission needs to be granted.
- More details regarding the type of lift is to be stated.
- Its weight and carrying capacity must be mentioned.
- Also, details of the construction of the overhead arrangement with the weight and sizes of the beams etc.
Apart from these above quite important and mandatory rules, there are also some unsaid ones which are different for different housing societies. To begin with, many housing societies lay down rules where:
- Pets are not allowed in elevators.
- Household helps and sales people and vendors are also not allowed.
- There are also rules where furniture and other heavy items cannot be taken up through elevators.
These rules are laid down so that lifts are maintained well and misuse doesn’t take place. These many a time however creates a clash between managing committee members and residents. It’s important to mention here that committee members have the sole right to lay down rules in this matter and residents do need to follow them. Though these rules are not there in the By-Laws but that does not mean that they cannot be enforced. Whatever the General Body decides is final and binding on members as long as it does not ‘ultra vire’ the laws of the land.
Rules on accidents have also been strictly enforced. The Managing Committee shall be responsible if lift servicing is not carried out at frequent intervals. Section 11 states that:
- An officer who is authorized by the State Government shall inspect every lift at least once in six months
- An annual fee may be prescribed and shall be charged for such inspection and such fee shall include the charges for the inspection of the motors.
- Inspector of the lift should give notice in writing to the owner/ Society of the lift in FORM ‘D’ as per the provision laid down in section 8 of Bombay Lift Act 1939.
Also, if upgradation of elevators are required then members of the housing committee needs to be consulted before taking a decision on the same. Lastly, many housing societies provides lifts for higher flats and not for those living in the 1st or the 2nd floors. In such a case if members of the first and second floors are paying the same maintenance as other floors, then such a resolution shall be considered as illegal as all members are paying equally for maintenance.
