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.
- 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.
- 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.
- 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.
- 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
- in the case of death of the operator, to his family, and
- 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-
- 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
- in respect of any injury, not resulting in death, caused by an
accident which is directly attributable to-
- the operator having been at the time thereof under the
influence of any intoxicant or drug, or
- 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.
- 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.
