THE DANGEROUS MACHINES(REGULATION)ACT, 1983

DUTIES AND OBLIGATIONS OF USERS OF DANGEROUS MACHINES

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User to get each dangerous machine registered.

19. (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.

  1. On receipt of an application made under sub-section (1), theController 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 certificateshowing such registration.
  2. The Controller shall maintain a register containing the particulars of the dangerous machines registered by him and the names and address-es and other particulars of the persons on whose application such registra-tion has been made.
  3. No dangerous machine shall be operated until it has been reegist-ered in accordance with the provisions of this section.

Matters to be ensured by users.

  1. 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 personwho may suffer any injury while operating any such machine.

Modification of existing dangerous machine.

21. (1) Every person who has, immediately before the commence- ment of this Act, in his custody or control, and 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 inthe Official Gazatte, specify, get the same modified in accordancewith 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) havebeen made.

Employer's liability for compensation.

22. (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

  1. in the case of death of the operator, to his family, and
  2. 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-

  1. 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
  2. in respect of any injury, not resulting in death, caused by an accident which is directly attributable to-
  1. the operator having been at the time thereof under the influence of any intoxicant or drug, or
  2. the willful 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.
  1. the amount of the compensation payable under sub-section (1) shall bedetermined and paid in accordance with the provisions of the Workmen's Compensation Act, 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.

Notice of accident.

23 (1) Where the death or dismemberment of any limb 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.

Duty of employer to take out insurance policies.

24. (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 contr-acts 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 pay- ment 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.

Omission or failure of the employer to take out insurance policies

25 (1) In the event of the omission or failure of the employer to take out an insu-rance 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 takeaway 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.