Appeals.
34. (1) Any person aggrieved by any order granting or refusing to 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 filed within thirty days from the date
of the order:
Provided that the State Government may entertain the appeal after 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.
Protection of action taken in good faith.
35. No suit, prosecution or other legal proceedings shall lie against
State Government, the Controller, any Inspector or any other person
authorised by the Controller for exercising any powers or discharging
any functions under this Act for anything which is in good faith done or
intended to be done in pursuance of this Act or any rule or order made
thereunder.
Power of Central Government to make rules.
36. (1) The Central Government may, by notification in the Official
Gazette, make rules to carry out the provisions of sub-section (2) of
sec-tion 9, and the provisions of section 13 and 21.
. (2) Every notification made by the Central Government underclause (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
Parliament, while it is in session, for a total period of thirty days
which may be comprised in one session or in two or more successive
sessions, and if, 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, however, that any such modification
or annulment shall be without prejudice to the validity of anything
previsously done under that notification or rule.
Power of State Government to make rules.
37. (1) The State Government may, by notification in the Official
Gazette, make rules to carry out the provisions of this Act other than
those specified in sub-section (1) of section 36.
(2) In particular, and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the following
matters, namely:-
- all matters specified in section 9 except those specified in
sub-section (2) thereof;
- the fees (including late fees), within the limits specified in
section 9, for the issue and renewal of licences under that section
and for the registration of dealers, as provided in section 19;
- the cautions to be specified in the manual of instructions as
required by section 15;
- the registers, records and accounts which are required to be
maintained under section 18;
- the arrangement required to be made under section 20 for
rendering first aid to any injured operator of a dangerous machine;
and
- any other matter which is required to be, or may be, prescribed.
(3) Every rule made by the State Government under this section
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.
Power to give directions.
38. The Central Government may give directions to any State Government
as to the carrying into execution in the State of any of the provisions
of of this Act or of any rule or order made thereunder.
