(to be/as introducen in 10k sabha) 1 page (1i), after clause 33,-om1t "34 appeals" 2 page (1i), before clause 35,-insert "34 appeals 'j 3 page 1, 1n the long title of the blll,-!qr,"way" ~ "any" 4 page 2, line 17,-!q!: "such mach~nes" ~ "any suc{l machine" 5 page 2, line 22,-!ci: "machines" ~ "machine" 6 page~, line 1~,-i q, filer "f1 t " in s er t "a 1 so " 7 pa ge "i line 24,-fqi "l'ea~y" ~ "carry" ", i " 8 pag~ -l", :in the mar ginal heading to clause 16,": (ql: "dec~ara tion to be made" ~ "certificate and guarantee" 9 page 9, against line 43 in the margin,-cun1:t "8 of"; 9 23 " 10 page 18, line 4,-!qr "employment " ~ "employer" , 11 page 10, against line 17 in the margin,-"insert '~8 of 1923" 12 page 10, line 48,-!oj: ''member'' ~ "members ii 13 page 11, against line 1 in the margin-~ "take out insurance poji~es " 14, pa ge 11, in t be mar ginal heading to clause 26,-"  !2r "death of" ~ "death or" neh' dellii; may 9, "1983 vaisakha 19, 1905' (saka~) _______ ~ __  __ _  the dar,lgerous machines (regulation) bill, 1983 arrangement of clauses chapter i preliminary ci,auses1 short title, extent and commencement 2 declaration as to expediency of control by union 3 definitions 4 act to override all other enactments  chapter ii , <,   administration of thf, act5 appointment and functions of controllers a 6 power of controller to issue orders 7 appointment of inspectors s controller etc, to be public servants  chapter iii issue, renewal and cancellation of iicenc~ to martufacturers and dealers9 licensing of manufacturers and dealers 10 suspension and cancellation of licences 11 cancellation of licence on application by manufacturer or dealer 12 licence to a firm to be invalid on the change of partnership  chapter tv duties and respon~ibilltie6 of thf manufacturer or dealer of a dangerous machine]3 manufacturer to ensure that every part of a danger:>us machine conforms to prescribed standards 14 particulars to be specified on every dangcl'o';ls machine 15 duties of the manufacturer to) suppl~r operator's manual with each dangerous machine 16 certificate and guarantee by manufacturers and dealers 17 liability of the manufacturer for rl~imbursement 18 manufacturers and dealers to maintain records  chapter v d'utiiis and obligation~ of users of dangerous x\ciwlescjausbs , ,19  user to get each dangerous machine registered ~o matters to be ensured by users 21 modification of existing dangerous machine 22 employer's liability f'or comptmsatiim 23 notice of accident 24 duty of employer to take out insurance policies 25 omission or failure of the employer to take out insurance policies  chapl'er vi inspection search and seizure26 examination of machine causing jeath or injury l ~7 inspection of rf!c"ordr etc 28 power to enter and search, 29 power of seizure 30 search and seiz'ure to be made in accordance with the code of criminal procedure, 1973  chaptfr vii offj!:n~ and 'l'heir tilial31 punishment for contravention of the provisions of the act ~2 offences by companies 33 cognizance and trial of offences 34 appeals chapter vui  miscellaneous35 protection of action taken in good faith 36 power of central government to make rules 37 power of state government to make rules 3s power to give dire~tions  billto provide for the reguzatiorn oj trade and commerce in, and produc-     tion, wpp'ty, distribution and use of, the product elf any indus'tty      producing darngeroos                                    mackilnes unth a view                                                                    to securing                                                                                     the      welfare of labour operating any stich machine and for paymant of     compensation for the death or bodily injury suffered by· 'lv'izy      labourer while operating any' such machine, and for matters con-    nected therewith or incidental thereto   be it enacted by parliament in the                                             'l"'hirty·fourth year of                                                                      the republic of india as follows:-                                                                       'j~,                              chapter i  pltelrmi:nary5 1 (1) this act may be called the dangerous machines (regulation) act, 1983 (2) it ex~ends to the whole of india (3) this section and clause (c) of section 3 shall come into force at once i~ all the states and the remaining provisions of this act shall short title, extent and commence ment je) come into force in a state on such date as the state government may, by notification in the official gazette, appoint, and' different dates may be appointed for different provisions of this act; and any reference in my provision of this act, to the commencement of this act shall in relation· to any state be construed as a reference to the commencement j 5 of that provision in that state  diencyof control by union z it is hereby declared that it is expedient in the public interest that the union should take un~er its control the industries engaged in the manufaoture or production of power threshers or any other machines which are intended to be' u'sed in the agricultural or rural sector and which are of such nature that any accident in the course of operation 5 thereof may cause its operator death, dismemberment of any limb or other bodily injury  3 in this act, unle~s the context otherwise requires,-definitions (a) "child" means a person who has not completed his fourteenth year of age; 10 (b) "controller" means the person appointed by the state government to give effect to the provisions of this act, and includes every additional, deputy or assistant controller' who may 'be authorised by the controller under sub-section (3) of section 5 - to exercise any power under this act; • 15 (e) "dangerous machine" means '8 power-thresher, an:d includes such machines intended to be used in the agricultural or rural sector as the central government, being of opinion that it is of such a nature that any accident in the course of operation thereof is likely to cause to its operator death, dismemberment of any limb or 20 other bodily injury, may, by notification in the offictal gazette, specify as dangerous machines; (d) "day" means a period of twenty-four hours beginning at midnight; (e) "dealer", in relation to any dangerous machine or any part 25 thereof, means a person who, or a firm or a hindu undivided family which, carries on, directly or otherwise, the business of buying, selling', supplying or distributing any dangerous machine or any part thereof, whether fot cash or for deferred payment or for commission,- remuneration or other valuable consideration, and 3t) includes-(i) a commission agent who carries on such b'usiness on - behalf of any principal; (ii) an importer who sells supplies, distributes or otherwise delivers any dangerous machine to any user, manufac-~5 turer, repairer, consumer or any other person, "j " but does not include a manufacturer who sells, supplies, distributes or otherwise delivers any dangerous machine or any part thereof to any person or category of persons referred to in, this clause explanation-for the removal of doubts, it is hereby declared that a manufacturer who sells, supplies, distributes, or otherwise delivers any dangerous machine or any part thereof to any person other than a dealer, shall be 'deemed to be a dealer, and shall in addition to his liability to comply with the provisions of this act 45 relating to manufacturers, also be liable to comply with the pio- visions of this act relating to dealers; (i) "employer" in relation to the operator of any dangerous machine, means the person by whom such operator has been employed, whether for any remuneration or otherwise, for operating such machine; (g) "family", in relation to an operator, means his wife and dependent children and includes his dependent parents; 5 (h) "inspector" means an inspector appointed under this act; (i) "machine" inc1ude~ prime movers, transmission machinery and all other appliances whereby power is generated, transferred, transmitted or applied to a dangerous machine; 10 - (;) "manufacturer" in relation to any dangerous machin'e or any part thereof, means a person who, or a firm or a binet! undivided family which,-(i) makes or manufactures such dangerous machine or part thereof, (ii) makes or manufactures one or more parts, and acquires the other parts of such dangerous machine and, after assembling those parts, claims the end product to be a product manufactured by himself, or itself, as the case may be, (iii) does not make or manufacture 'any part of such dangerous machine but assembles parts thereof made or manufactured by others and claims the end product to be a product manufactured by himself, or itself, as the case may, be, (iv) puts, or causes to be put, his or its own mark on any complete dangerous machine made or manufactured by any other person and claims such product to be a product made or manufactured by himself, or itself, as the case may be; (k) "operator" means a person employed directly or by or through any agency (including a contractor), whether as 'a regular worker or as a casual worker, with or without the knowledge of the principal employer, whether for remuneration or not in the operation or cleaning of any dangerous machine or any par:t thereof or jn any other kind of work incidental to, or connected with, the operation or cleaning of any dangerous machine or any part thereof; (l) "power" means electrical or mechanical energy, or any other form of energy which is mechanically transmitted into a dangerous 'macbine; (m) "power thresher" means a machine, operated with the aid of power, for threshing one or more kinds of agricultural produce; (n) "prescribed" means prescribed by rules made under this act; (0) "prime mover" means an engine, motor or other appliance which generates or otherwise provides power to a dangerous machine; (p) "transmission machinery" means any shaft, wheel, drum, pulley, system of" pulleys, coupling, clutch, driving belt or other appliance or device by which the motion of a prime mover is transmitted to, or received by, any dangerous machine act to over-" ride au other enactments c the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any contract or instrument having effect by virtue of any law other than this act or any decree or order of 'ady court, tribunal or authority  5  chapl'er ii administration of me act5 (1) the state government shall, by notification in the official gazette, oppoint a controller for carrying out the provisions of this act, and may also by the same or subsequent notification apppint such number 10 of additional, deputy or assistant controllers as it may deem ftt appointment and func· tions of controllers (2) the controller shall discharge his functions under this act subject to the general control and directions of the state government (3) the controller may authorise such persons as he thinks fit to -exerci-se all or any of the powers exercisable by him under this act 15 other than the powers under sub··section (5) and different persons may be authorised to exercise different powers (4) subject to any general or special direction given or imposed by the controller, any person authorised by the controller to exercise any powers may exercise those powers in the same manner and with the 20 same effect as if they have been conferred on that person directly by this act and not by way of authorisation (5) the controller may also-(a) perform all or any of the ft,mctions of, and (b) exercise all or any of the powers conferred by this act or 25 any rule or order made thereunder on, any officer lower in ran~ than himself 6 the controller may, if he thinks fit, make orders, not inconsistent with the provisions of this act, for carrying out the provisions of this act power of con tro)]er to issue orders appoint ment of ins pectors 7 (1) the state government may, by notification in the official gazette, "ppoint as many inspectors as it deems fit to carry out the provisions of this act relating to inspection, search, seizure of dangerous machines and l"xamination of tbe records of manufacturers, dealers and users relating to 8uch machines "35 (2) every inspector shall discharge his functions subject to the general direction and control of the controller 8 the controller and any person authorised by the state government or the controller to perform any' functions under this act, and every inspector, shall be deemed to be public servants within the meaning of section 21 df the indmn penal code 40 con troller, etc, lobe public servants  chapter iii issue, renewal and cancellation of licences to manufact'urers and deaiers9 (1) save as otherwise provided in this section, no person shall 5 manufacture, or commence or carryon business as a manufacturer or dealer of, any dangerous machine unless he holds a valid licence issued in this behalf by the controller: licensing of manufacturers and dealers provided that a person engaged in the manufacture of, or carrying on business as a manufacturer or dealer of, any dangerous machines of any 10 class immediately before the appointed day in relation to dan~rous machines of such class may continue to manufacture such machines or carryon such business without such' a licence for a period of one month from that date, and if he makes an application for such lice~ce under this section within the said period of one month, till the communication j 5 to him of the order of the controller disposing of such application explanation-for the purposes of this proviso, "appointe j day" means,-(i) in relation to the class of dangerous machines being power threshers, the date of commencement of this act; 20 (ii) in relation to any other class of dangerous machines, the date with effect from which such machines have been specified to be dangerou's machines by the central government by notification under clause (c) of section 3, or in the case 'of a state in which this section has come into force with effect from a later date, such later 25 date (2) a licence issued under this section-(a) shall be valid for a period of five years; (b) may be renewed from time to time, for a like period; and (c) shall be in such form, and shall be subject to such conditions, 30 as may be prescribed by the central government (3) a person who intends to commence the manufacture, or carryon business as manufacturer or dealer of any dangerous machine shall make an application in such form and on payment of such fees, not exceeding five hundred rupees, as may be prescribed, for the issue of a licence: 35 (4) no application for the issue of a licence to commence the manufacture, or to carryon business as a manufacturer or dealer, of any dangerous machine shall be granted unless the controller, after making such inquiry as he thinks fit, is satisfied-(a) in the case of a manufacturer carrying on business at the commencement of this act, of manufacturing any dangerous machine, that such machine complies with the standards prescribed under section 13; and 45 (b) in the case of a person who intends to commence business, after such commencement, as a manufacturer of a dangerous machine, that the applicant has declared that he would manufacture such machine in accordance with the standards laid down by or under thfa act , (5) &1 application for the renewal of a licence issued under this ~ee· tion shall be made not less than forty-five days before the date of expiry of the period of validity thereof and shalr be accompanied by such fees, not exceeding two hundred rupees, as 'may be prescribed (6) no application for the renewal of a licence for the manufacture, 5 or for the carrying on the business a's a manfacturer, of a dangerous machine shall be reject-ed unless-(a) the holder of such licence has been given a reasonable opportunity of presenting his case; and , " (b) the controller is satisfied that-10  (i) the application for such renewal has been made after the' expiry of the period specified therefor:  provided that an application for the rene')val of a licence made after the expiry of the specified period may be entertained on, payment of such late fees, not e)iceeding one hundred rupees, r 5 as may be prescribed; \ (ii) any statement made by th~ applicant at the time o~ the issue or renewal of the licence was incorrect or false in material particulars; (iii) the applicant has omitted 'or failed to manufacture any 20 dangerous machine in accordance with the prescribed standards; or (iv) the applicant has contravened any term or condition of the licence or any prov;sion of this act, or any rule or order made thereunder or of any law for the time being in fotee in so 25 far as such law prohibits the bringing into or taking but of india, any dangerous machine (1) every person to whom a licence has been issued or renewed under this section shall comply with the terms and conditions specified in the licence and the provi;;ions of this act and the' rules and orders made 30 thereunder (8) every person to whom a licence has been granted or renewed under this section shall ensure that every person employed by him complies, in the course of such employment, with the provisions of this act or any rule or order made thereull'det 35 (9) every order granting or rejecting any application for the issue or renewal of a licence under this section shall be made in writing (10) every licensed dealer and every licensed manufacturer shall display his ucence at a conspicuous place of the premises in which he carries on business as such licensed dealer or manufacturer ' 40 10 (1) the con'roller may, if he has any reasonable cause io believe that the holder of ii licence granted under section 9 has made a statement in, or in relation to, any application for the issue or renewal of a licence, which is incorrect or false in material particulars or has contravened any suspensionand cancellation of licen_ ces  , provision of this act or any rule or order made thereunder or 01 any other 4s law for the time being in force which regulates the bringing into or taking out of india any dangerous machine, suspend such licence pending the completion of any inquiry or trial against the holder of such licence for making such incorrect or false statement or for such contravention ~ the  , case may be: provided that no such licence shall be suspended for a period exceeding 5 ten days unless the holder thereof has been given a reasonable opportunity of showing, cause against the proposed action (2) the controller m'ily, if he is satisfied after making such inquiry as he may think fit, that the holder of any licence issued or renewed under this act has made such incorrect or false statement as is referred to jo in sub-section (1) or has omitted or failed to manufacture any dangerous m'8chine in accordance with the prescribed standards or has contravened the provisions of such law, rule or order, as is referred to in that subsection, cancel such licence: provided that no licence shall be cancelled unless the holder thereof 15 has been given a reasonable opportunity of showing cause against toe proposed action '(3)' every person whose licence has been suspended or cancelled shall, immediately after such su,spension or cancellation, stop functioning as such licensee and shall not resume business as such licensee until the 20 order, of such suspension or cancellation has been vacated (4) every person who holds a licence which is suspended or canoelled shall, immediately after such suspension or cancellation, surrender such licence to the controller 11 a person licensed to manufacflure or cary on business as a cacel-25 manufacturer or dealer of any dangerous machines who discontinues lauon of such manufacture or business or who intends to discontinue such manu- ~ facture or business, may make an application to the controller for the cation by cancellation of his licence, and thereupon, the controller may cancel madu-h ii " facturer spc cenee or dealer 30 12 where any firm has been licensed under thfs act to manufacture or carry on business '8s a dealer or manufacturer of a dangerous machine, such ucence shall notwithstanding anythin~ contained in this act, become invalid on and from the date on which there is a chan~ in the partnership of such firm unless such change in the partnership of the 35 ftrm has been ~pproved by the controller licence  toa ftrm to be invalid ontbe ' chanleof pu1:nel\ ,ship i~  - f fl"' - ciiaprer iv  dtrrjes and responsibnttjes of the manufacturer or dealer of a daliti'lfj!otts machtn'f13 (1) every manufacturer of a (langerous machine shall ensure that 411 such machine and every part thereof complies with such standards, conforming to the ,stand2lrds laid down therefor by the indian standards in!ltitution, as may be prescribed by the central government manu facturer to ensure that every part of a danlerou (2) in particular, and without prejudice to the generality of the ,regoing l>rovisions, the manufacturer of a dangerous machine shall ensure that the following parts are secured by safeguards of substantial construction, namely:-(a) the prime mover and every part thereof, (b) the transmission machinery and every part thereof, machine conforms to prescribed standards (c) every other dangerous part, such as, rol1ers, blowers, sieves, 5 elevator and the like (3) every manufrdcturer of a dangerous machine shall also clearly and legibly pro~ide such machine with danger ~ignals indicating the point beyond which no limb shall be inserted for the purpose of feeding the machine or for any other purpose 10 14 ~e manufactljj:er shall ensure that the following particulars are legibly and conspicuously marked or inscribed on every dangerous machine by such method as would make it indelible, namely:-(0) the direction of the rotation and the number of rotatiqds per minute; '5 (b) its power requirement; and particularsto bespeciftedon every dad-gerous machine (c) the name and correct address of the manufacturer,the year of its manubcture, and the date, number and other particulars of the licence of the manufacturer 15 every manufacturer shall supply along with each dangerou$ machine 20 a manual containing general instructions regarding the operation of such machine, and shall also include therein such cautions, as may be prescribed duties of the manulacturer tosuwjy opera1qr's man~ with each dangerous machine declaratio to be made by manufacturers and dealers 16 before transferring the possession of any dangerous machine, whether by sale, lease, hire or otherwise, every manufacturer and :every a5 dealer shall deliver, to the person acquiring the possession of iuch machine, ~ declaration to the effect that the machine conforms to the standards laid down by or under this act and also complies with in au respects, the provisions of this act and the rules an~ orders made thereunder 30 17 whenever any person operating a dangerous machine suffers death or dismemberment of any limb or any other ~ly injury-(i) by reason of any manufacturing defect in the machine whereby such death, dismemberment or injury was caused, or | liability     |     ||---------------|-------|| oftbe         |       || m8nq-         |       || facturer      |       || forre-        |       || imburse-      |       || ment         |       || i             |       || (ii)          |       || by            |       || reason of     | the   || omission      |       || of            | tbe   || to            |       || comply        |       || 35            |       || with          | the   || act           |       || and the rules | and   || orders        |       || made          |       || thereunder,   |       |such manufacturer shall be liable to reimburse the person by whom compensation had to be paid under this· act to the members of the family of the person whose death was caused by such machine, or, as the case 40 may be, to the person by whom such dismemberment or bodily injury was suffered  18 every manufacturer and every dealer shall maintain such regis-ters, records and acco'unts as may be prescribed  chapter vmanufacturers and dealers to maintain records  dt1'1'ies alld ojr,igations of users of da'ngerous maclilnes5 19 (1) every person who owns a dangerous machine or acquires control over such machine, whether b$ 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 user to get each danfi' gerous machine regis teredo 10 registration of such machine   (2) on receipt of an application made under sub-section (1), the controller shall, if he is satisfiied 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 15 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 pel'sons on whose application such registration has been made 20 (4) no dangerous machine shall be operated until it has been registered in accordance with the provisions of this section 20 every user of a dangerous machine shall ensure that-matters to be ensured by 1 users (a) such machine conforms to the standards laid down by or under this act and also complies with, in all respects, the provisions 25 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 modificationof existing dangerous machine 21 (1) every person who has, immediately before the commence-30 ment 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 lrundred and eighty days from such commencement, as the state go\iemment may, by notification in the official gazette, specify, get the 35 same modified in accordance with such rules as may be made by the i central government an this behalf (2) no such machine shall be used or operated, after the expiry of the period specified under sub-sectiqn (1), unless the modifications referred to in sub-section (1) have been made sot 1923 40 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 employershalj be" liable to pay compensation-(a) in the case of death of the operator, to his family, and employer's liability for compensation 45 (b) in any other case, to the operator: provided that where the operator does not have a family, the «:om  pensation shall be paid to the person or persons nominated in this behalf by the operator in writing and notift~ to the controller provided further that the employment shall not be so uabl&-(i) in respect of any injury which does not result in the total 5 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 10 inouence 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 j 5 (1) shall be determined 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 20 notice of accident 2:1 (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 empl'oyment, notice of such death, dismembennentl or indury shall be given to the employer within three days from the date on which such death, dismemberment or injury was caused  25 (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 duty of employer to take out insurance policies (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 30 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 contracts of in!)'lrance 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 35 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 subsection (1) renewed from time to time before the expiry of the period 40 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 (1) in the event of the omission or failute of the employer to take out an insurance policy referred to in section 24 or in the event of the 45 omission, failure or inability of the employer to keep such insurance policy in force or to obtain, from the insurer, any amount required to 1?e paid as compensation to an operator, or to the member of his family or omission or failure of the em ployerto 1ake out insunulce policies take out insurance policies nominee, as the case may be, the employer shall make payment of compedsation 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 s'ufters death ~r dismemberment of limb or 5 other bodily injury but not later than thirty days trom 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  , 10 msurer, such payment 8cs may be due to him under the policy of insurance taken out or renewed by him  chaprer vi inspection, search and seizure26 (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 examination of machine causing death of injury 20 (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 shal1, as soon as practicable, enter in~o the premises where the dangerous machine whereby such death, dismemberment of limb or other 25 bodily injury has been caused, is located and examine the machine with a view to finding out whether the machine conforms to the standards aid down by or under ttti's 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 30 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 every register, record and accounts maintained under this act and every licence issued or renewed under this act ~ be open to the ids-35 pection df the inspector inspec_ tionoi records, etc power to enter and search 28 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 ' 40 operated  ,l£!; ,"'~ f power of seizure z9 whenever the inspector is statisfied that any dangerous machine, which does not comply with, in au ~spects, the provisions of this act or the rules or orders made thereunder, i~ being operated in contravention of the provisions of this act, he may seize such dangero'u3 machine and 45 the records and registers connected therewith 30 every search and seizure made under this act shall be made in accordance with the provisions of the code of criminal procedure, 19'13 search and seizure to be made in accord ancewith the code oferi minal procedure, 1m  chapter vii offences and their trial31 whoever, in contnlvention of the provisions of this act, or any rule 5 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; punish· mentfor contra vention of the provi sions ot theact (b) employs a child in the operation of any dangerous machine; 10 (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 refer- ' red to in section 21, without carrying out the prescribed modifications; (e) omits to take out or renew an insur~ce policy as required 15 by section 24; , (1) sells or otherwise transfers any dangerous machine which does not conform to the provisions of this act or the rules madethereunder; (g) operates or causes any person to operate any dangerous go 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, t' shall be punishable with imprisonment for a term which may extend to gs 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, ahall be pwushable 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 go 3~ (1) where an offence under this act has been committed by a company, every person who at the time the offence was committed was offences by companies 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 agmnst and 35 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 wu committed without his knowledge or that he had exercised au due diligence to· prevent the commission of such offence 5 (2) notwithstanding anything contained in sub-section (1), where an oifence 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, sec:r~ 10 tary or other officer shall also be deemed to he guilty of that offence and shall be liable to be proceeded against and punished accordingly explanation-for the purposes of this section,-(a) "colj1pany" means any body corporate and includes a firm or other association of individuals; and 15 (d) "director", in relation to a firm, means a partner in the firm 2 of 19'14 33 (1) notwithstanding anything contained in the code of criminal procedure, 1973, 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  cognizance add trial of offences ao (2) every offence under this act may be tried summarily by a magistrate  chapter viii miscellaneousst (1) any person aggrieved by any order granting or refusing to appeals 115 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 flied within thirty days from the date of the order: provided that the state government may entertain the appeal af+er so 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 protec_ tion of action taken in good faith 35 no suit, prosecution or other legal proceedings shall lie against the state covernment, the controller, any inspector or any other person 35 authorised by the controller for exercising any powers or discharging any functions under this act for i 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 (1) the central government may, by notification in the official 40 gazett-e, make rules to carry out the provisions of sub-section (2) of hetion 9, and the provisions of sections 13 and 21 powerot ;central govern mentto :make rules (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 parlia-- ment, while it is in session for a total period of thirty days which may be comprised in one session or in two ot' more successive sessions, and if, 5 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, 10 however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification or rule 37 (1) the state government may, by notification in the official gazette, make rules to carry out the provisions of this act other than 15 those specified in sub-section (1) of section 36  power of state govern- :mentto make rules(2) in particular, :md witho\1t prejudice to the generality of the foregoing power, such rules may provide lfor all or any of the following matters  namely:- (a) the forms of licences to be issued under this act and the ~o conditions and restrictions subject to which such licences may be held under section 9; (0) the fees ·(including late ~s), within the li'mits specified in section 9 for the issue and renewal of licences under that section and for the te,gistration of dealers, as provided in section 19; !l5 (c)  the caution's to be specified in the manual of instnlction3 as required by section 15; (d) the re~sters, recot'ds and accounts which are l"f'quired to be maintained under section 18; (e) the arrane;ement required to be made under section 20 for 30 rendering first aid to any injured operator of a dangerous machine; and (f) any other matter which is required to be, or may ~,,, prescribed (2) every rule made by the state government under this section 35 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 the central government may giv·e directions to any state government as to the c'8rrying into execution in the state of any of the provi- 40 sions of t!1is act or of any rule or order made thereunder tions  statement of objects and reasonsa large number of accidents occui' every year during the threshing season injuring persons operating power threshers, many of whom are pennanently disabled a major contributory factor is the unsafe design of power threshers and lack of safety features it is necessary to regulate trade and commerce in and production, supply, distribution and use of power threshers to ensure that they conform to prescr:ibed standards of safety in the interest of welfare of persons operating such threshers since chaff cutters, cane crushers, etc, are also dangerous machines used in agriculture, it is considered necessary to have legisl'8tion which can be extended to cover other dangerous machines, apart from power threshers used in the agricultural or rural sector the bill seeks to achieve these objectives new delhi;  rao birendra singh the 26th april, 1983  president's recommendation under article 117 of the constitution of india[copy of letter no 12-1!79-my(plg)pt iv, dated the 30th april, 1983 from rao birendra singh minister of agriculture to the secretary, lok sabha] the president, having been informed of the subject matter of the dangerous machines (regulation) bill, 19,83, recommends the consideration of the bill in lok sabha under article 117 (3) of the constitution  financial memorandumclause 5 of the bill empowers the state government to appoint a controller and such number of additional, deputy or' assistant controllers as it may deem fit clause 7 of the bill empowers the state government to appoint as many inspectors as it deems fit to carry out the provisions of this bill in the case of union territories, these appointments of controllers· and inspectors, etc, are to be made by the central government and consequently the bill, if enacted, would involve expenditure from the consolidated fund of india 2 it is estimated that the bill, if enacted, would involve a non-recurring expenditure of the order of rs 55,000 and recurring expenditure of the order of its 1,73,800 per annum in addition, the bill, if enacted, would involve a non-recurring expenditure of the order of rs 5,000 and recurrin,z expenditure of the order of rs 33,600 per annum by the ministry of agriculture   memorandum regarding delegated legislationclause 36 of the bill empowers the central government to make rules for the purpose of giving effect to the provisions of this bill in respect of matters falling within the purview of that clause likewi'se, clause 37 empowers the state governments to make rules in' respect of matters not falling within the purview of clause 36   ' these matters pertain to procedure, form or administrative detail the delegation of legislative power is, therefore, of a normal character -  a billto provide for the regulation of trade and commerce in, and production, - supply, distribution and use of, the product of any industry producing dangerous machines with a view to securing the welfare of labour operating any such machine and for payment of compensation for the death or bodily injury suffered by any labourer while operating any such machine, and for matters connected therewith or incidental thereto - (rao birendra singh, minibter of agriculture) 