The Author, Nandini Agarwal, is a LLB student at Lloyd Law College. She is currently interning with LatestLaws.com.
Q1: Who will be considered as a dealer according to this Act?
A1: Any manufacturer who sells, supplies, distribute or otherwise delivers any dangerous machine or any part to any person other than a dealer shall be will be declared as a leader and shall in addition to his liability to act within the provisions of this Act.
Q2: Which machines are Dangerous machines as per this act?
A2: A power threshe, chaff cutter and sugarcane crusher or any machines in the agriculture or rural sector which can cause the accident to its operator during its use are covered under the scope of dangerous machine. The injury which are considered under this act:
- Death
- Dismemberment of any limb
- Or other bodily injury
Q3: What are the conditions required for issuing and renewal of the license?
A3: Normal application should be submitted along with a fess of only five hundred rupees (₹500) not exceeding that for the issuing of the license, the Controller has full authority to cancel the license if he doesn't find the environment or machines suitable. License once issued is valid for only 5 years, to renew the license an application should be filed at least forty-five (45) days prior to the date of expiration along with a fess of two hundred rupees (₹200), failing to do so may result in the termination of license.
Q4: What are the conditions for the suspension or cancellation of the license?
A4: If the controller finds out the dealer/manufacturer omitted the facts under the application and there is a clause where he is exporting or bringing any dangerous machine out of India ,he has the authority to suspend the license ,provided that no license is suspended exceeding the period of 10 days and the dealer/manufacturer is given full time to explain the circumstances. If the controller is not satisfied with the applications made by the dealer/manufacturer or there is any clause where they are unable to make machines according to the prescribed standards he has the authority to cancel the license.
Any manufacturer/dealer who wants to willingly cancel or terminate the license may write an application to the Controller and he/she after reviewing may cancel the license.
Q5: What are the prime duties of the manufacturer?
A5: The prime duty of the manufacturer is to ensure that the dangerous machines should be laid down according to the standards issued by the Indian Standards Institution or prescribed by the Central Government. Few details should always be written on the dangerous machines i.e.:
1) Direction of rotations and no of rotations per minute
2) power requirement
3) name and correct address of manufacturer, license no of manufacturer, year of manufacturer and other details.
Every manufacturer should include a safety manual while distributing the dangerous machines regarding the safety guidelines and cautions. Manufacturers have to maintain records ,accounts and details as prescribed.
Q6: What happens in case of an accident during the operation of Dangerous Machines?
A6: Liability of the manufacturer for the reimbursement:
1)Whenever any person dies while handling the dangerous machine while working in the factory or the firm issued by the manufacturer, it is the prime responsibility of the manufacturer to pay the compensation to the family members of the person who died during the accident.
2) Whenever any person who injures, or there is dismemberment of any limb or any other body injury then it becomes the prime duty of the manufacturer to pay for the compensation to that person for medical purposes.
Q7: What are the duties of the users of the dangerous machines?
A7: The users must register their dangerous machines(whether owned or on lease) with the Controller, for the same they have to file an application along with an amount of not exceeding five rupees(5) .The controller must keep a record for all such applications and after reviewing it carefully he grants a certificate to the user for the same. All records and certificates issued must be maintained by the Controller.
No dangerous machine shall be operated unless/until it has been granted a registration by the Controller. More basic things which are to be followed by the User are as follows:
1) No child should be employed for the operation of such machine.
2) Machines should be according to the standards laid down by the Central Government or the standards laid under this Act.
3) There should be adequate arrangements for First-Aid for any person if he/she gets injured while operating the machine.
Q8: What are the liabilities for compensation to the Employers by the User?
A8: If during the employment/operation the operator gets hurt, dismemberment of any limb or any other injury then the User is liable to pay the compensation to:
1) In case of death, to the family of the operator.
2) In any other case, to the operator himself.
If the operator doesn't have a family then the compensation will be paid to the person who is been registered as a nominee by the Operator.
The User is not liable to pay any compensation if:
1) If the operator at the time of accident was under the influence of any intoxicant or drug.
2) The willful removal of any safety guard or any other device which he knew was installed in the machine for the safety purpose.
3) Any injury which does not result in total or partial dismemberment of the operator for the period exceeding three (3) days.
Q9: What are the duties and powers of the inspection Inspector?
A9: Whenever in the event of any death or dismemberment of the operator it's the duty of the User to draft an application and send it to the Inspector as soon as possible .The Inspector shall review the place of accident and check whether all the safety measures and the guidelines issued for safety under this Act were being followed properly or not. If the machine is found to be unsafe the Inspector has the authority to discontinue the use of that machine until further notice .
Inspector has to authority to review every file, record ,license renewed ,register etc. as he has to inspect the details .Inspector if suspects anything suspicious has the full authority to enter the premises at any reasonable time of the day and search the premises or the dangerous machine that if it's being operated properly and if it has all the safety instructions prescribed on it. Inspector has the power to seize any dangerous machine if he finds out that the particular machine is not working according to the safety guidelines or is harmful or working improperly.
Q10: What all actions are considered as punishments according to this Act?
A10: The numerous actions are considered as actions suitable for punishments under the provisions of the Act:
1) Employing a child in the operation of any dangerous machine.
2) Manufacturing or carrying any Dangerous Machine without the proper documentation or without the possession of any valid license issued or renewed under this Act.
3) Selling or transferring of any dangerous Machine which does not match with the provisions of this act.
4) The User omits or fail any insurance policy which is issued as mandatory under the Act.
5) Causing any person to operate the Dangerous Machines which doesn't have the prescribed modifications and standards specified by or under this act.
These acts will be considered as punishments and the punishment may vary from imprisonment to a period from 3 months to 6 months whereas in terms of fine it can vary from 500 rupees to 1000 rupees but not exceeding 1000 rupees.
Q11: What are the follow-ups for offenses committed by the companies?
A11: Whenever an offence under this Act has been committed by a company, every person who at the time of the offence was committed or 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 declared guilty of the offence and shall be liable to the proceedings against the Act and will be punished accordingly. However if any person/operator/manufacturer admits the operation or thing happened without his knowledge and proven right in the investigation he/she is excluded from the offense.
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
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