The Dangerous Machines (Regulation) Act, 1983

Offences And Their Trail

• Punishment for contravention of the provisions of the Act.
• Offences by companies.
• Cognizance and trial of offences.

Punishment for contravention of the provisions of the Act.

31. Whoever, in contravention of the provisions of this Act, or any rule

or order made thereunder-

1. manufactures, or carries on business as a manufacturer ordealer of, any dangerous machine without being in possession of a valid licence issued or renewed under this Act;
2. employs a child in the operation of any dangerous machine;
3. causes any person to operate a dangerous machine which does not conform to the standards specified by or under this Act;
4. causes any person to operate any dangerous machine referred to in section 21, without carrying out the prescribed modifications;
5. omits to take out or renew an insurance policy as required by section 24;
6. sells or otherwise transfers any dangerous machine which does not conform to the provision of this Act or the rules made thereunder;
7. operates or causes any person to operate any dangerous machine during the period of operation of a prohibitory order made under sub-section (2) of section 26; or
8. contravenes any other provision of this Act, or rule or order made thereunder,

shall be punishable with imprisonment for a term which may extend to 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, shall be punishable 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.

Offences by companies.

32. (1) Where an offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge of,and was responsible to, the company for the conduct of the business of thecompany, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and 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 was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence 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, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation:- For the purposes of this section:-

1. "company" means any body corporate and includes a firm or other association of individuals; and
2. "director", in relation to a firm, means a partner in the firm.

Cognizance and trial of offences.

33. (1) Notwithstanding anything contained in the Code of Criminal (2 of 1974) 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

(2) Every offence under this Act may be tried summarily by a Magistrate.