THE DANGEROUS MACHINES (REGULATION) ACT, 1983

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The Dangerous Machines (Regulation) Act, 1983 was framed on December 14, 1983 to control the trade as well as commercial activities and the manufacture, supply, allocation and utilization of commodities of any establishment that manufactures hazardous equipments. The Act also aims to impose damages to persons who have suffered bodily harm or even death due to the fault of the employees when activating the equipments and also for other issues related with the machines. The State Government is empowered to appoint Controller for the effective performance of the duties and shall also entrust Additional Controller, Deputy Controller or Assistance Controllers who shall perform the responsibilities under the guidance and supervision of the State Government. The Controller shall direct persons to carry out the functions that are to be done under the enactment. With consideration to the directions issued by the Controller, a person shall be directed by the Controller to carry out authority in the similar method as straight away provided under the enactment. The Controller is also bound to carry out entire functions or some of the responsibilities entrusted under the Act or as per the rules or any other laws that are formulated.

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The Controller shall frame directions that are in compliance with the terms of the present legislation. Inspectors shall also be appointed by the State Government to scrutinize, search, assess and seize hazardous equipments and examine the documents of production, business dealers and the persons employing the dangerous equipments. The Inspector shall exercise the functions under the superintendence of the Controller. The Controller as well the Inspector shall have the status of public servant as per the provisions of the Indian Penal Code. The Act bans the production or initiation or conduct of trade by a person like that of a dealer of any hazardous equipment without holding license which is given by the Controller. The proviso states that the person who is dealing with the production or acting as a business dealer of any hazardous machine of any range prior to the commencement of the enactment shall continue his work without new license for a term of one month and the person can apply for new license as provided under the Act. The Act also gives specific and elaborate definition of the terms ‘appointed day’. The license that has been obtained under the Act shall have validity for a term of five years and shall be re-registered in specific time and it shall be renewed in the manner which is described by the Government.

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The license shall be revoked and suspended by the Controller for failure to furnish correct information by the applicant and after inquiry the Controller comes to the conclusion that such person is not eligible for license or he contravenes the terms of license. When the license is revoked, the person holding the business shall stop the production of dangerous equipments. The person to whom license has already been granted shall file an application to cancel such license to the Controller and after that the Controller has the power to cancel the license issued to him. The dealer of the hazardous equipments shall see that the machine as well as its portion is produced in conformity with the standards which are listed by the Indian Standards Institution. The dealer shall also make sure that the essentials are clearly and noticeably denoted and written in all the machines in the specified mode like the position of encircling and the circles to be completed in a minute, power needs, name along with the address of the dealer, the year in which the machine was produced and the day and serial number of the license holder. The employer is bound to compensate the person who was affected with bodily harm or even death by the fault of the laborer. The Central Government shall, after publicizing in the Gazette of India, make rules on the subjects described in the enactment for the effectual enforcement of the legislation.