The Dangerous Machines (Regulation) Act, 1983

Miscellaneous

• Appeals
• Protection of action taken in good faith.
• Power of Central Government to make rules.
• Power of State Government to make rules.
• Power to give directions.

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:-

1. all matters specified in section 9 except those specified in sub-section (2) thereof;
2. 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;
3. the cautions to be specified in the manual of instructions as required by section 15;
4. the registers, records and accounts which are required to be maintained under section 18;
5. the arrangement required to be made under section 20 for rendering first aid to any injured operator of a dangerous machine; and
6. 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.