Chapter IV DUTIES AND RESPONSIBILITIES OF THE MANUFACTURER OR DEALER OF A DANGEROUS MACHINE

(1) Every manufacturer of a dangerous machine shall ensure that such machine and every

part thereof complies with such standards, conforming to the standards laid down therefor by the Indian

Standards Institution, as may be prescribed by the Central Government.

1. (2) In particular, and without prejudice to the generality of the foregoing provisions, the manufacturer of a dangerous machine shall ensure that the following parts are secured by safeguards of substantial construction, namely:—
   • (a) the prime mover and every part thereof,
   • (b) the transmission machinery and every part thereof,
   • (c) every other dangerous part, such as, rollers, blowers, sieves, elevator and the like.
2. (3) Every manufacturer of a dangerous machine shall also clearly and legibly provide such 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.

The manufacturer shall ensure that the following particulars are legibly and conspicuously marked or inscribed on every dangerous machine by such method as would make it indelible, namely:—

1. (a) the direction of the rotation and the number of rotations per minute;
2. (b) its power requirement; and
3. (c) the name and correct address of the manufacturer, the year of its manufacture, and the date, number and other particulars of the licence of the manufacturer.

Every manufacturer shall supply along with each dangerous machine a manual containing general instructions regarding the operation of such machine, and shall also include therein such cautions, as may be prescribed.

Before transferring the possession of any dangerous machine, whether by sale, lease, hire or otherwise, every manufacturer and every dealer

shall deliver, to the person acquiring the possession of such machine, a declaration to the effect that the

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.

Whenever any person operating a

dangerous machine suffers death or dismemberment of any limb or any other bodily injury—

1. (i) by reason of any manufacturing defect in the machine whereby such death, dismemberment or injury was caused, or
2. (ii) by reason of the omission of the manufacturer to comply with the provisions of this Act and the rules and orders made thereunder, such manufacturer shall be liable to reimburse the person by whom compensation had to be paid under this Act to the members of the family of the person whose death was caused by such machine or, as the case may be, to the person by whom such dismemberment or bodily injury was suffered.

Every manufacturer and every dealer shall maintain such registers, records and accounts as may be prescribed.