Human Engg. & Safety 2(1+1)

Lesson 13. DANGEROUS MACHINES (REGULATION) ACT

13.2. Dangerous Machines (Regulation) Act - 1983

In 1983, the Parliament passed an act to 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 machines and for payment of compensation for the death or bodily injury suffered by any labourers while operating any such machine, and for matters connected therewith or incidental thereto. Various sections of  DMRA-1983 are listed in Table 13.1.

 Table 13.1. List of various chapters and sections of DMRA-1983.

Section No.	Title
Chapter I - Preliminary
1	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 the act
5	Appointment and functions of controller
6	Power of controller to issue orders
7	Appointment of Inspectors
8	Controller, etc., to be public servants
Chapter III – Issue, renewal and cancellation of licences to manufacturers and dealers
9	Licensing of manufacturers and dealers
10	Suspension and cancellation of licences
11	Cancellation of licence on application by manufacture or dealer
12	Licence to a firm to be invalid on the change of partnership
Chapter IV – Duties and responsibilities of manufacturer or dealer of a dangerous machine
13	Manufacturer to ensure that every part of a dangerous machine conforms to prescribed standards
14	Particulars to be specified on very dangerous machine
15	Duties of the manufacturer to supply operator’s manual with each dangerous machine
16	Certificate and guarantee by manufacturers and dealers
17	Liability of the manufacturer for reimbursement
18	Manufacturers and dealers to maintain records
Chapter V – Duties and obligations of users of dangerous machine
19	User to get each dangerous machine registered
20	Matters to be ensured by users
21	Modification of existing dangerous machine
22	Employer’s liability for compensation
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
Chapter VI – Inspection, search and seizure
26	Examination of machine causing death or injury
27	Inspection of records etc.
28	Power to enter and search
29	Power of seizure
30	Search and seizure to be made in accordance with the code of “Criminal Procedure, 1973”
Chapter VII – Offence and their trial
31	Punishment for contravention of the provisions of the Act
32	Offences by companies
33	Cognizance and trial of offences
Chapter VIII - Miscellaneous
34	Appeals
35	Protection of action taken in good faith
36	Power of Central Government to make rules
37	Power of State Government to make rules
38	Power to give directions

 

13.2.1. Duties and responsibilities of manufacturers of dangerous machines

The salient points mentioned under chapter IV of the  DMRA-1983 are:

Section No.	Title	Salient points
13	Manufacturer to ensure that every part of dangerous machine conforms to prescribed standards	Manufacturing a dangerous machine as per standards laid down by the Indian Standards Institution. Providing safety guards for prime mover, transmission machinery and every other dangerous part, such as, rollers, blowers, sieves, and elevator.  Providing the machine with danger signals indicating the point beyond which no limb shall be inserted for the purpose of feeding the machine or for any other purpose.
14	Particulars to be specified on every dangerous machine	The direction of the rotation and the number of rotations per minute. Its power requirement and the name and address of the manufacturer, the year of its manufacture, and the date, number and other particulars of the licence of the manufacturer.
15	Duties of the manufacturer to supply operator’s manual with each dangerous machine	Every manufacturer shall supply along with each dangerous machine a manual containing general instructions regarding the operation of such machine, and shall also include cautions.
16	Certificate and guarantee by manufacturers and dealers	Every manufacturer and dealer shall deliver a declaration to the effect that the machine conforms to the standards laid down by or under this Act and also complies with the provisions of this Act and the rules and orders made thereafter.

 

13.2.2. Duties and obligations of users of dangerous machines

The salient points mentioned under chapter V of the DMRA-1983 are:

Section No.	Title	Salient points
19	User to get each dangerous machine registered	No dangerous machine shall be operated until it has been registered.
20	Matters to be ensured by users	Such machine conforms to the standards. No child is employed for the operation of such machine. Adequate arrangements exist for rendering first aid to any person who may suffer any injury while operating such machine.
22	Employer’s liability for compensation	If death or dismemberment of any limb or any other bodily injury is caused to operator, his employer shall be liable to pay compensation. The employer shall not be liable if injury does not result in disablement of the operator for a period exceeding three days; or is directly attributable to influence of any intoxicant or drug, or willful removal of any safety guard or other device by the worker.
24	Duty of employer to take out insurance policies	Every employer shall take out insurance policies to make payment of compensation to operator of a dangerous machine.

 

13.2.3. Offences and their trial

The salient points mentioned under chapter VII of the DMRA-1983 are:

Section No.	Title	Salient points
31	Punishment for contravention of the provisions of the Act	Imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees

 

13.3. Changes suggested in DMRA-1983

In spite of passing of this act in 1983, it was adopted by some states only. As agriculture is a state subject, the implementation of this act is the prerogative of the state Govt. The agricultural machinery manufacturers were also not in favour of the act and demanded repeal of the same. Gite et al. (2006) suggested following modifications for better implementation of the act by the Government:

1. It is more appropriate if the Controller notified by the State Govt. is Agricultural Engineering/Agricultural Department official.

2. It is not practical for the users to get the threshers registered with the Controller due to various logistics problems. There should be registration at Panchayat level only. Also the procedure of registration needs to be simplified.

3. The manufacturer may provide first aid kit along with thresher itself.

4. The clause about employer’s liability for compensation is not justified and therefore, needs to be modified. Compensation may be provided through State Agricultural Marketing Board as prevalent in Punjab, Haryana, Rajasthan, Gujarat and Uttar Pradesh.

5. The present system of giving notice of the accident creates disharmony in the rural society and needs to be modified. The Punjab pattern of reporting the accident to Agricultural Marketing Board is recommended.

6. The clause about duty of employer to take out insurance policies is not practical and needs to be modified.

7. The clause about omission or failure of employer to take out insurance policies is not justified and therefore, needs to be modified.

8. The examination of machine causing death or injury needs to be modified. The accident may be reported to Agricultural Marketing Board through local agricultural extension workers.

9. The clause on power of Inspector about seizure is difficult to implement and needs to be modified.

10. The clause about search and seizure procedure is difficult to implement and needs to be modified.

11. The provisions given in the clause about punishment for contravention of the act are unrealistic and needs modifications. The clause about imprisonment may be removed. 

13.4. Dangerous Machines (Regulation) Rules-2007

DMRA-1983 was amended by Central Government in 2007. Apart from power thresher, as mentioned earlier, power operated chaff cutter and sugarcane crushers were also added in the list of dangerous machines.  A list of BIS standards were given for compliance in case of each of dangerous machines, as under:

Sr. No.	Dangerous machine	BIS standards for compliance
1	Power thresher	IS 9020: 2002 (Power threshers – safety requirements)
2	Power operated chaff cutter	IS 15542:  2005 (Power operated chaff cutter – safety requirements) IS11459: 1985 (Specifications for power operated chaff cutter)
3	Sugarcane crusher	IS 15561 : 2005 (Sugarcane crushers – safety requirements) IS 1973: 1999(Sugarcane crushers - specifications)

 

 

Suggested Readings:

Anonymous. 1983. The Dangerous Machines (Regulation) Act – 1983 (35 of 1983). Govt. of India. pp. 14.

Anonymous. 2000. The Dangerous Machines (Regulation) Act, 1983 along with The Dangerous Machines (Regulation) Rules, 1984 with short notes. Universal Law Publishing Co.  Pvt.  Ltd.  Delhi. pp. 20.

Anonymous. 2007. The Dangerous Machines (Regulation) Rules – 2007 (GSR 505-E, dated 24.7.2007). Govt. of India. pp. 27.

Gite, L.P., S.C. Pharade, and J. Majumder. 2006. Revision of Dangerous Machine (Regulation) Act - 1983.  Agricultural Engineering Today, 30(3): 44-55.

Verma, S.R., G.S. Rawal, and B.S. Bhatia. 1978. A study of human accidents in wheat threshers. Journal of Agricultural Engineering, 15(1): 19-23.