Dangerous Machines (Regulation) Act, 1983- Sections 19 to 38

Chapter V

DUTIES AND OBLIGATIONS OF USERS OF DANGEROUS MACHINES

19. User to get each dangerous machine registered.

19. User to get each dangerous machine registered.—(1) Every person who owns a dangerous machine or acquires control over such machine, whether as a lessee or hirer or otherwise (in this Act referred to as the user) shall make, before beginning to operate such machine, an application to the Controller, on payment of such fees, not exceeding five rupees, as may be prescribed, for the registration of such machine.

(2) On receipt of an application made under sub-section (1), the Controller shall, if he is satisfied that the machine complies with, in all respects, the provisions of this Act and the rules and orders made thereunder, register the same and grant to the applicant a certificate showing such registration.

(3) The Controller shall maintain a register containing the particulars of the dangerous machines registered by him and the names and addresses and other particulars of the persons on whose application such registration has been made.

(4) No dangerous machine shall be operated until it has been registered in accordance with the provisions of this section.

20. Matters to be ensured by users.

20. Matters to be ensured by users.—Every user of a dangerous machine shall ensure that—

(a) such machine conforms to the standards laid down by or under this Act and also complies with, in all respects, the provisions of this Act and the rules and orders made thereunder;

(b) no child is employed for the operation of such machine; and

(c) adequate arrangements exist for rendering first-aid to any person who may suffer any injury while operating any such machine.

21. Modification of existing dangerous machine.

21. Modification of existing dangerous machine.—(1) Every person who has, immediately before the commencement of this Act, in his custody or control, any dangerous machine which does not comply with, in all respects, the provisions of this Act and the rules and orders made thereunder, shall, within such time, not being less than one hundred and eighty days from such commencement, as the State Government may, by notification in the Official Gazette, specify, get the same modified in accordance with such rules as may be made by the Central Government in this behalf.

(2) No such machine shall be used or operated, after the expiry of the period specified under sub-section (1), unless the modifications referred to in sub-section (1) have been made.

22. Employer's liability for compensation.

22. Employer's liability for compensation.—(1) If, during his employment as an operator of a dangerous machine, death or dismemberment of any limb or any other bodily injury is caused to such operator, his employer shall be liable to pay compensation—

(a) in the case of death of the operator, to his family, and

(b) in any other case, to the operator:

Provided that where the operator does not have a family, the compensation shall be paid to the person or persons nominated in this behalf by the operator in writing and notified to the Controller:

Provided further that the employer shall not be so liable—

(i) in respect of any injury which does not result in the total or partial disablement of the operator for a period exceeding three days; or

(ii) in respect of any injury, not resulting in death, caused by an accident which is directly attributable to—

(a) the operator having been at the time thereof under the influence of any intoxicant or drug, or

(b) the wilful removal by the worker of any safety guard or other device which he knew to have been provided in the machine for the purpose of securing the safety of the operator.

(2) The amount of the compensation payable under sub-section (1) shall be determined and paid in accordance with the provisions of the Workmen's Compensation Act, 1923 (8 of 1923), as if the operator were a workman within the meaning of that Act, and, for this purpose, the provisions of the said Act shall apply to him as they apply to a workman within the meaning of that Act.

23. Notice of accident.

23. Notice of accident.—(1) Where the death or dismemberment of any limb or any other bodily injury has been caused to an operator, during the course of his employment, notice of such death, dismemberment or injury shall be given to the employer within three days from the date on which such death, dismemberment or injury was caused.

(2) Such notice shall be given by the operator if he is alive or by any member of his family or any other person interested in him.

(3) Omission to give the notice referred to in sub-section (2) shall not disentitle the operator or the members of his family, as the case may be, to receive the compensation payable under this Act.

24. Duty of employer to take out insurance policies.

24. Duty of employer to take out insurance policies.—(1) Every employer shall take out, as soon as may be practicable after the commencement of this Act, one or more insurance policies providing for contracts of insurance whereby he is insured against any liability arising out of sub-section (1) of Section 22 to make payment of compensation to any operator of a dangerous machine and such contract of insurance may provide for the payment of annuities to the operator, or in case of his death, to the members of his family or to his nominee, if he does not have a family.

(2) Every employer shall get the insurance policy referred to in sub-section (1) renewed from time to time before the expiry of the period of validity thereof so that the policy of insurance may remain in force throughout the period during which any person is employed by him to operate any dangerous machine.

25. Omission or failure of the employer to take out insurance policies.

25. Omission or failure of the employer to take out insurance policies.—(1) In the event of the omission or failure of the employer to take out an insurance policy referred to in Section 24 or in the event of the omission, failure or inability of the employer to keep such insurance policy in force or to obtain, from the insurer, any amount required to be paid as compensation to an operator, or to the members of his family or nominee, as the case may be, the employer shall make payment of compensation from his own funds, to the operator, or to the members of his family or his nominee, as the case may be, as soon as possible after the date on which the operator suffers death or dismemberment of limb or other bodily injury but not later than thirty days from such date and on such payment the employer's liability for payment of compensation to the operator or to the members of his family shall stand fully discharged.

(2) The discharge of the liability referred to in sub-section (1) shall not take away or abridge the right of, the employer to receive, from the insurer, such payment as may be due to him under the policy of insurance taken out or renewed by him.

Chapter VI

INSPECTION, SEARCH AND SEIZURE

26. Examination of machine causing death or injury.

26. Examination of machine causing death or injury.—(1) As soon as the employer comes to know, whether on receipt of a notice under Section 23 or otherwise, that the operator has suffered death, dismemberment of any limb or other bodily injury during the operation of any dangerous machine, he shall forthwith give notice of such death or injury to the Inspector.

(2) Whenever an Inspector comes to know about any death or injury, whether on receipt of a notice referred to under sub-section (1) or otherwise, he shall, as soon as practicable, enter into the premises where the dangerous machine whereby such death, dismemberment of limb or other bodily injury has been caused, is located and examine the machine with a view to finding out whether the machine conforms to the standards laid down by or under this Act and contains all the prescribed safety devices, and, where, after such examination, he is of the opinion that the machine is unsafe, he shall, by an order, prohibit the use of such machine until it is certified by him to be safe.

(3) No machine shall be operated during the period of operation of the prohibitory order made under sub-section (2).

27. Inspection of records, etc.

27. Inspection of records, etc.—Every register, record and accounts maintained under this Act and every licence issued or renewed under this Act shall be open to the inspection of the Inspector.

28. Power to enter and search.

28. Power to enter and search.—An Inspector authorised in this behalf by the Controller may, if he has any reason to suspect that any provision of this Act has been, or is being, or is about to be, contravened, enter and search, at any reasonable time of the day, any premises in which any dangerous machine is operated.

29. Power of seizure.

29. Power of seizure.—Whenever the Inspector is satisfied that any dangerous machine, which does not comply with, in all respects, the provisions of this Act or the rules or orders made thereunder, is being operated in contravention of the provisions of this Act, he may seize such dangerous machine and the records and registers connected therewith.

30. Search and seizure to be made in accordance with the Code of Criminal Procedure, 1973.

30. Search and seizure to be made in accordance with the Code of Criminal Procedure, 1973.—Every search and seizure made under this Act shall be made in accordance with the provisions of the Code of Criminal Procedure, 1973 (2 of 1974).

Chapter VII

OFFENCES AND THEIR TRIAL

31. Punishment for contravention of the provisions of the Act.

31. Punishment for contravention of the provisions of the Act.—Whoever, in contravention of the provisions of this Act, or any rule or order made thereunder—

(a) manufactures, or carries on business as a manufacturer or dealer of, any dangerous machine without being in possession of a valid licence issued or renewed under this Act;

(b) employs a child in the operation of any dangerous machine;

(c) causes any person to operate a dangerous machine which does not conform to the standards specified by or under this Act;

(d) causes any person to operate any dangerous machine referred to in Section 21, without carrying out the prescribed modifications;

(e) omits to take out or renew an insurance policy as required by Section 24;

(f) sells or otherwise transfers any dangerous machine which does not conform to the provisions of this Act or the rules made thereunder;

(g) operates or causes any person to operate any dangerous machine during the period of operation of a prohibitory order made under sub-section (2) of Section 26; or

(h) contravenes any other provision of this Act, or rule or order made thereunder,

shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both, and in the case of a second or subsequent offence, shall be punishable with imprisonment for a term which shall not be less than three months and also with fine which shall not be less than five hundred rupees but not more than one thousand rupees.

32. Offences by companies.

32. Offences by companies.—(1) Where an offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation.—For the purposes of this section,—

(a) “company” means any body corporate and includes a firm or other association of individuals; and

(b) “director”, in relation to a firm, means a partner in the firm.

33. Cognizance and trial of offences.

33. Cognizance and trial of offences.—(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), no court shall take cognizance of an offence punishable under this Act except on a complaint in writing made by the Controller or any person authorised by him in this behalf.

(2) Every offence under this Act may be tried summarily by a Magistrate.

Chapter VIII

MISCELLANEOUS

34. Appeals.

34. Appeals.—(1) Any person aggrieved by any order granting or refusing to issue or renew a licence under this Act or refusing to register a dangerous machine, may prefer an appeal against the order to the State Government.

(2) Every such appeal shall be filed within thirty days from the date of the order:

Provided that the State Government may entertain the appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period.

35. Protection of action taken in good faith.

35. Protection of action taken in good faith.—No suit, prosecution or other legal proceedings shall lie against the State Government, the Controller, any Inspector or any other person authorised by the Controller for exercising any powers or discharging any functions under this Act for anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder.

36. Power of Central Government to make rules.

36. Power of Central Government to make rules.—(1) The Central Government may, by notification in the Official Gazette, make rules to carry out the provisions of sub-section (2) of Section 9, and the provisions of Sections 13 and 21.

(2) Every notification made by the Central Government under clause (c) of Section 3, and every rule made by it under sub-section (1), shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the notification or rule, or both Houses agree that the notification or rule should not be made, the notification or rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification or rule.

37. Power of State Government to make rules.

37. Power of State Government to make rules.—(1) The State Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act other than those specified in sub-section (1) of Section 36.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—

(a) all matters specified in Section 9 except those specified in sub-section (2) thereof;

(b) the fees (including late fees), within the limits specified in Section 9, for the issue and renewal of licences under that section and for the registration of dealers, as provided in Section 19;

(c) the cautions to be specified in the manual of instructions as required by Section 15;

(d) the registers, records and accounts which are required to be maintained under Section 18;

(e) the arrangement required to be made under Section 20 for rendering first-aid to any injured operator of a dangerous machine; and

(f) any other matter which is required to be, or may be, prescribed.

(3) Every rule made by the State Government under this section shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House.

38. Power to give directions.

38. Power to give directions.—The Central Government may give directions to any State Government as to the carrying into execution in the State of any of the provisions of this Act or of any rule or order made thereunder.

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