This article is written by Manya Dudeja from the University School of Law and Legal Studies, Guru Gobind Singh Indraprastha University. The aim of this article is to familiarise readers with the Dangerous Machines (Regulation) Act and to make it easy for them to understand the process and know-how of the Act.
Table of Contents
Introduction
The use of dangerous machines is inevitable in today’s technologically revolutionised world. However, it is pertinent that their use is duly regulated to avoid accidents. The Dangerous Machines (Regulation) Act does exactly that and tries to legislate the use of dangerous machines. This article is addressed to everyone concerned and anyone who deals with, either operates or employs operators under the Dangerous Machines (Regulation) Act, 1983.
What are dangerous machines?
A “dangerous machine” refers to such a machine which according to the Central Government is such that it can cause an accident in the course of its operation. The following possible accidents have been listed:
- Death of the operator
- The dismemberment of a limb
- Other bodily injuries
It includes machines that are used in the agricultural or rural sector, like a power thresher.
Such a machine is notified by the Official Gazette.
Who can deal with dangerous goods?
- A “dealer” of dangerous goods refers to such a person who or a firm or a Hindu undivided family which indirectly or directly carries on the following business:
- Buying
- Selling
- Supplying
- Distributing
a dangerous machine or it’s part in exchange for cash or deferred payments or remuneration, commission or some other valuable consideration.
2. The “dealer” here should not be supplying goods to another “dealer” in order to be considered a “dealer” according to the Act.
How to get a licence?
A manufacturer or dealer is not allowed to deal in a “dangerous machine” without having issued a valid licence for the same on behalf of the Controller.
Exception
If a manufacturer or dealer is engaged in dealing with dangerous machines of any class immediately before the machine has been added as a dangerous machine or before this Act came into force, for that class of dangerous machine, they can continue using the machine for a period of one month without a licence and if such a person makes an application about a licence, he/she can continue using it until he/she hears back from the office of the Controller.
- In order to apply for a licence, the aspirant has to submit an application form along with a fee of Rs 500 (five-hundred).
- If the Controller feels that the environment or machines are not suitable, he/she has the authority to cancel the licence in such a case.
- The validity of an issued licence is 5 years.
- After completion of 5 years, the licence has to be applied for renewal, if required. The application for renewal is required to be filed at least 45 days before the licence gets expired. A fees amount of Rs 200 has to be attached along with the renewal form. In case of failure to perform the above procedure, the licence is liable to be terminated.
Licence issuing authority
- The provisions of the Act are to be carried out by a Controller as appointed by the State Government through a notification in the Official Gazette.
- The notification can also appoint Additional, Deputy or Assistant Controllers as per the requirement.
- The Controller works under the aegis and control of the State government.
- The Controller also has the power to authorise any such person he/she thinks is required to exercise a few or all powers delegated by the Controller.
Exception: The power under subsection (5) cannot be delegated.
- The person who has been authorised to exercise this power by the Controller can function directly under the Act and in the same manner as the Controller and does not have to work under the authorisation of the Controller.
- Inspectors would also be appointed by the State Government as required for working and fulfilling the needs of the Act.
- The Controller can also perform functions and exercise powers that are delegated to a lower-ranked official under this Act.
- The Controller also has the power to develop provisions that are required and not inconsistent with the Act.
- Under Section 21 of IPC, Controllers and other people authorised by the state governments for this work are termed as public servants.
The conditions for the suspension or cancellation of the licence
- A licence once issued is not undefeatable, it can be cancelled or suspended if the Controller feels that there is a reasonable cause to believe that the person issued the licence under Section 9 has:
- Made a false or incorrect statement in his/her application for obtaining a licence.
- Has disclosed incorrect or false material information.
- Is in contravention of the Dangerous Machines (Regulation) Act, 1983 or any other law or rule which regulates dangerous machines.
- Has omitted the facts and is involved in exporting dangerous machines out of India, the licence of such a person can be suspended. However, such a suspension cannot exceed a period of 10 days. To exceed this period, a reasonable explanation for the action has to be provided. Suspension can also be done when an inquiry is pending against the holder of such a licence.
- After the inquiry is completed, if the Controller is satisfied that the holder of the licence has defied any law or was involved in making a false or incorrect declaration, he/she may cancel such a licence.
- No licence would be cancelled without providing a reasonable opportunity to the licence holder to put forward his/her stance.
- The person whose licence has been cancelled would from immediate effect not be allowed to deal with dangerous machines and resume business until such an order is vacated.
- Any person whose licence has been suspended or cancelled is required to surrender such a licence to the Controller.
- A licence holder who is a manufacturer or dealer and would like to discontinue his business of dealing with dangerous machines can do so by making an application for the same to the Controller.
- If there occurs a change in the partnership of such a firm that has been licenced to deal with dangerous machines and such a change has not been approved by the Controller, the licence would thereby become invalid.
Duties and responsibilities
Manufacturer or dealer
The manufacturers and dealers of dangerous machines are assigned a set of duties to comply with while dealing with dangerous machines. They are as follows:
- The manufacturer has the duty to ensure that every part of a dangerous machine conforms to prescribed norms or standards.
- The standards which have to be conformed to are laid down by the Indian Standards Institution and prescribed by the Central Government.
- Every manufacturer of dangerous machines has to make sure to use danger signal stickers on the machine, directing the user to the point beyond which no limb has to come in contact with the machine.
- All the particulars have to be clearly specified on the dangerous machine.
- The instructions have to be legible and inscribed in such a way that would make it indelible.
- The following have to be mentioned:
- The direction of rotation and the number of rotations per minute.
- Power requirement of the machine.
- Details about the manufacturer- name, correct address, year and number of the licence.
- Date and year of manufacturing of the machine.
- It is the duty of the manufacturer to supply an operator’s manual with each dangerous machine.
- A general safety manual including instructions for operation of the machine.
- The manual should also contain cautions for the user of the dangerous machine.
- The dealers and manufacturers have to certify and take guarantee of the dangerous machine.
- Before the manufacturer or dealer transfers the possession of the machine through lease sale etc. he/she has to provide the acquirer of the machine a declaration taking a guarantee that the machine conforms to all the safety standards and rules and regulations laid down under the Dangerous Machines (Regulation) Act, 1983.
- The manufacturer’s liability to reimburse.
- If the person operating a dangerous machine suffers death or disbursement of a limb or any other bodily injury due to:
- A manufacturing defect in the machine,
- By the omission of the manufacturer to comply with the rules specified under the Act or the safety standards laid down.
- The manufacturer in such cases is liable to pay compensation to the family of the person deceased or the person who suffered the injury.
- The manufacturer or dealer is expected to maintain records in the form of registers and accounts.
User of the dangerous machine
- The user of the dangerous machine is obligated to make sure that the dangerous machine is registered and has to do so by making an application to the Controller.
- The user of the machine has to ensure that the dangerous machine complies with the given Act, no child is employed for the operation of such a machine and there is an availability of first aid kits in proximity, to be used in case of an accident.
- If a person is using a dangerous machine before the commencement of this Act, he/she has to make sure that the necessary modifications are made.
- In case of death, disbursement of a limb or injury suffered by the operator, a notice for the same has to be served to the employer within 3 days of the date of such accident. A family member can serve the notice in case the victim has died of the accident. However, failure to do this won’t cause the aggrieved party to lose their right to compensation.
What to do in case of accidents or incidents while using dangerous machines/goods
In cases of accidents or incidents which harm the life of the operator and if the employer is found to be liable, he/she is liable to reimburse and pay compensation to the victim’s family or to the victim, if alive.
Functions and power of inspection authority
-
The inspector has to examine the machine which has caused death or injury
- As soon as the employer finds out that the operator of a dangerous machine has lost his/her life or limb or has suffered an injury, he/she is liable to inform about the same through a notice to the inspector under Section 23.
- The inspector on this has to immediately visit the facility which houses such a machine and examine the machine to make sure that it complied with all the safety standards and norms laid down by the Act.
-
Inspection of records etc.
The inspector has the authority to inspect any record, register or account maintained in accordance with this Act if he/she feels it necessary.
-
Power to enter and search
If the inspector has a suspicion of violation of the Act, he/she can visit the facility housing the dangerous machine and check it at any reasonable time.
-
Power to seize
If the inspector finds that a dangerous machine being operated is not complying with any of the procedures, guidelines and rules directed, he/she can seize any such dangerous machine along with the records and accounts connected to it.
It has to be noted that all search and seizing operations have to be carried out in accordance with the provisions of the Code of Criminal Procedure, 1973.
Punishment for non-compliance
Whoever, any manufacturer or dealer does something which is in contravention of the said Act, would be liable to be punished with imprisonment for a term which can extend up to 6 months or with a fine which may extend up to Rs 1000 or with both. In case a second or subsequent offence is committed, the punishment would not be less than 3 months of imprisonment and a fine of not less than Rs 500 but not more than Rs 1000. The following are the offences:
- Manufacturing or carrying out business-related to dangerous machines without a licence.
- Employing a child to work and use dangerous machines.
- Make a person use a dangerous machine that is not in accordance with the prescribed safety norms.
- Fails to take out or renew the insurance policy as mentioned in Section 24.
- Makes a person operate a dangerous machine without prescribed modifications.
- Either sells or transfers a dangerous machine that is not in accordance with the provisions of this Act.
- Makes a person operate a dangerous machine during the period of prohibition.
- Does something against any other rule or provision of this Act.
Common offences related to dangerous goods
- In case an offence is committed under the Dangerous Machines (Regulation) Act, 1983, whoever is in charge of the functioning of the company when the offence is committed, along with the company would be deemed guilty and would be liable to be punished accordingly.
- The person can be discharged of this responsibility only if he/she is able to prove that he/she/they had no knowledge of the offence committed or that the person practised due diligence to avoid such an offence.
- If the offence can be attributed to the neglect of any director or manager or secretary or any other officer, such a person would be held liable under the Act.
References
- https://www.latestlaws.com/articles/all-about-dangerous-machines-regulation-act-1983/
- https://tilakmarg.com/acts/dangerous-machines-regulation-act-1983/#3-definitions
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