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THE INDIAN
BOILERS ACT, 1923
&
THE
INDIAN BOILERS (AMENDMENT) ACT, 2007
THE INDIAN BOILERS ACT, 1923
(Act No. 5 of 1923)
(23rd February, 1923)
An Act to
consolidate and amend the law relating to steam-boilers
Whereas it is expedient to consolidate
and amend the law relating to steam-boilers; It is hereby enacted as follows:
1. Short title, extent and commencement
(1) This Act may
be called the Indian Boilers Act, 1923.
(2) It extends to
the whole of
(3) It shall come into force on such
date# as the Central Government may, by notification in the Official Gazette,
appoint.
2. Definitions
In this Act, unless there is anything repugnant in the
subject or context-
(a)
"Accident" means an explosion of a boiler or steam-pipe or any
damage to a boiler or steam-pipe which is calculated to weaken the strength
thereof so as to render it liable to explode;
(aa)
"Board" means the Central Boilers Board constituted under section
27 A;
(b)
"boiler" means any closed vessel exceeding 22.75 liters in capacity
which is used expressly for generating steam under pressure and includes any
mounting or other fitting attached to such vessel, which is wholly or partly
under pressure when is shut off;
(c)
"Chief Inspector", "Deputy Chief Inspector", and
"Inspector" means, respectively, a person appointed to be a Chief
Inspector, a Deputy Chief Inspector and an Inspector under this Act;
(cc)
"economiser" means any part of a feed-pipe that is wholly or
partially exposed to the action of flue gases for the purpose of recovery of
waste heat;
(ccc)
"feed-pipe" means any pipe or connected fitting wholly or partly
under pressure through which feed water passes directly to a boiler and which
does not form an integral part thereof;
(d)
"owner" includes any person using a boiler as agent of the owner
thereof and any person using a boiler which he has hired or obtained on loan
from the owner thereof;
(e)
"prescribed" means prescribed by regulations or rules made under
this Act;
(f)
"steam-pipe" means any pipe through which steam passes from a
boiler to a prime-mover or other user or both, if,-
(i) the pressure at which steam passes through such pipe
exceeds 3.5 kilograms per square centimetre above atmospheric pressure; or
(ii) such pipe exceeds 254 millimeters in internal
diameter;
and includes in either case any connected fitting of a
steam-pipe;
(g)
"structural alteration, addition or renewal" shall not be deemed to
include any renewal or replacement of a petty nature when the part or fitting
used for replacement is not inferior in strength, efficiency or otherwise to
the replaced part or fitting.
2A. Application
of Act to feed-pipes
Every reference
in this Act except where the word "steam-pipe" is used in clause
(f) of section 2 to a steam-pipe or steam-pipes shall be deemed to include
also a reference to a feedpipe or feed-pipes, respectively.
2B. Application
of Act to economisers
Every reference
in this Act to a boiler or boilers except in clause (ccc) of section 2, shall
be deemed to include also a reference to an economiser or economisers,
respectively.
3. Limitation of
application
(1) Nothing in
this Act shall apply in the case of any boiler or steam-pipe-
(a)
in any steam-pipe as defined in section 3 of the '[Indian Steamships Act,
1884 (7 of 1884)], or in any steam-vessel as defined in section 2 of the
Inland Steam-vessels Act, 1917 (1 of 1917); or
(b) belonging to,
or under the control of the Army, Navy or Air Force; or
(c)
appertaining to a sterilizer or disinfector of a type such as is commonly
used in hospitals, if the boiler does not exceed ninety one liters in
capacity.
(2) The Central
Government may, by notification in the Official Gazette, declare that the
provisions of this Act shall not apply in the case of boilers or steam-pipes,
or any specified class of boilers or steam-pipes, belonging to or under the
control of any railway administered by the Central Government or by any State
Government or by any railway company as defined in clause (5) of section 3 of
the '[Indian Railways Act, 1890 (9 of 1890)].
4.
Power to limit extent
The State
Government may, by notification in the Official Gazette, exclude any
specified area from the operation of all or any specified provisions of this
Act.
5. Chief
Inspector, Deputy Chief Inspectors and Inspectors
(1) The State
Government may appoint such persons as it thinks fit to be Inspectors for the
State for the purposes of this Act, and may define the local limits within
which each Inspector shall exercise the powers and perform the duties
conferred and imposed on Inspectors by or under this Act.
(2) The State
Government may appoint such persons as it thinks fit to be Deputy Chief
Inspectors for the State and may define the local limits within which each
Deputy Chief Inspector shall exercise his powers and perform his duties under
this Act.
(3) Every Deputy
Chief Inspector may exercise the powers and perform the duties conferred and
imposed on Inspectors by or under this Act and, in addition thereto, may
exercise such powers or perform such duties conferred or imposed on the Chief
Inspector by or under Act, as the State Government may assign to him.
(4) The State
Government shall appoint a person to be Chief Inspector for the State who
may, in addition to the powers and duties conferred and imposed on the Chief
Inspector by or under this Act, exercise any power or perform any duty so
conferred or imposed on Deputy Chief Inspector or Inspectors.
(5) Subject to
the provisions of this act, the Deputy Chief Inspectors and Inspectors shall
exercise the powers and perform the duties conferred and imposed on them by
or under the general Superintendence and control of the Chief Inspector.
(6) The Chief
Inspector, Deputy Chief Inspectors and Inspectors may offer such advice as
they think fit to owners regarding the proper maintenance and safe working of
boilers.
(7) The Chief
Inspector and all Deputy Chief Inspectors and Inspectors shall be deemed to
be public servants within the meaning of section 21 of the Indian Penal Code
(45 of 1860).
6. Prohibition of
use of unregistered of uncertificate boiler
Save as otherwise
expressly provided in the Act, no owner of a boiler shall use the boiler or
permit it to be used-
(a)
unless it has been registered in accordance with the provisions of this Act;
(b)
in the case of any boiler which has been transferred from one State to
another, Until the transfer has been reported in the prescribed manner;
(c)
unless a certificate or provisional order authorising the use of the boiler
is for the time being in force under this Act;
(d)
at a pressure higher than the maximum pressure recorded in such certificate
or provisional order;
(e)
where the State Government has made rules requiring that boilers shall be in
charge of persons holding Certificates of proficiency or competency, unless
the boiler is in charge of a person holding the certificate required by such
rules.
Provided
that any boiler registered, or any boiler certified or licensed, under any
Act hereby repeated shall be deemed to have been registered or certified, as
the case may be, under this Act.
7. Registration
(1) The owner of
any boiler which is not registered under the provisions of this Act may apply
to the Inspector to have the boiler registered. Every such application shall
be accompanied by prescribed fee.
(2) On receipt of
an application under sub-section (1), the Inspector shall fix a date, within
thirty days or such shorter period as may be prescribed from the date of the
receipt, for the examination of the boiler and shall give the owner thereof
not less than ten days' notice of the date so fixed.
(3) On the said
date the Inspector shall proceed to measure and examine the boiler and to
determine in the prescribed manner the maximum pressure. If any, at which
such boiler, may be used, and shall report the result of the examination to
the Chief Inspector in the prescribed form.
(4) The Chief
Inspector, on receipt of the report, may-
(a) register the boiler and assign a register number
thereto either forthwith or after satisfying himself that any structural
alteration, addition or renewal which he may deem necessary has been made in
or to the boiler or any steam-pipe attached thereto, or
(b)
refuse to register the boiler.
Provided that
where the Chief Inspector refuses to register a boiler, he shall forthwith
communicate his refusal to the owner of the boiler together with the reasons
therefor.
(5) The Chief
Inspector shall, on registering the boiler, order the issue to the owner of a
certificate in the prescribed form authorising the user of the boiler for a
period not exceeding twelve months at a pressure not exceeding such maximum
pressure as he thinks fit and as is in accordance with the regulations made
under this Act.
Provided that a
certificate issued under this sub-section is respect of an economiser or of
an unfired boiler which forms an integral part of a processing plant in which
steam is generated solely by the use of oil, asphalt or bitumen as a heating
medium may authorise its use for a period into exceeding twenty four months.
(6) The Inspector
shall forthwith convey to the owner of the boiler, the orders of the Chief
Inspector and shall in accordance therewith issue to the owner any certificate
of which the issue has been ordered, and, where the boiler has been
registered, the owner shall within the prescribed period cause the register
number to be permanently marked thereon in the prescribed manner.
8. Renewal of
certificate
(1) A certificate authorising the use of a boiler shall
cease to be in force:
(a) on the expiry
of the period for which it was granted; or
(b) when any
accident occurs to the boiler; or
(c) when the boiler is moved, the boiler not being a
vertical boiler the heating surface of which is less than 18.58 square
metres, or a portable or vehicular boiler; or
(d)
when any structural alteration, addition or renewal is made in or to the
boiler; or
(e)
if the Chief Inspector in any particular case so directs, when any structural
alteration, addition or renewal is made in or to any steam-pipe attached to
the boiler; or
(f)
on the communication to the owner of the boiler of an order of the Chief
Inspector or Inspector prohibiting its use on the ground that it or any
steam-pipe attached thereto is in a dangerous condition.
(2) Where an
order is made under clause (f) of sub-section (1), the grounds on which the
order is made shall be communicated to the owner with the order.
(3) When a
certificate ceases to be in force, the owner of the boiler may apply to the
Inspector for a renewal thereof for such period not exceeding twelve months
as he may specify in the application.
Provided that
where the certificate relates to an economiser or an unfired boiler which
forms an integral part of a processing plant in which steam is generated
solely by the use of oil, asphalt or bitumen as a heating medium], the
application for its renewal may be for a period not exceeding twenty-four
months.
(4) An
application under sub-section (3) shall be accompanied by the prescribed fee
and, on receipt thereof, the Inspector shall fix a date, within thirty days
or such shorter period as may be prescribed from the date of the receipt for
the examination of the boiler and shall give the owner thereof not less than
ten days' notice of the date so fixed.
Provided that,
where the certificate has ceased to be in force owing to the making of any
structural alteration, addition or renewal, the Chief Inspector may dispense
with the payment of any fee.
Provided further
that in the case of an economiser or of an unfired boiler which forms an
integral part of a processing plant in which steam is generated solely by the
use of oil, asphalt or bitumen as a heating medium, the date fixed for its
examination shall be within sixty days from the date of receipt of the
application and the owner shall be given not less than thirty days, notice of
the date so fixed.
(5) On the said
date the Inspector shall examine the boiler in the prescribed manner, and if
he is satisfied that the boiler and the steam-pipes or steam-pipe attached
thereto are in good condition shall issue a renewed certificate authorising
the use of the boiler for such period not exceeding twelve months and at a
pressure not exceeding such maximum pressure as he thinks fit and as is in
accordance with the regulations made under this Act.
Provided that
renewed certificate issued under this sub-section in respect of an
economiser or of an unfired boiler
which forms an integral part of a processing plant in which steam is
generated solely by the use of oil, asphalt or bitumen as a heating medium]
may authorise its use for a period not exceeding twenty-four months.
Provided further
that if the Inspector
(a) proposes to issue any certificate-
(i)
having validity for a less period than the period entered in the application,
or
(ii) increasing
or reducing the maximum pressure at which the boiler may be used, or
(b) proposes to order any structural alteration, addition
or renewal to be made in or the boiler or any steam-pipe attached thereto, or
(c)
is of opinion that the boiler is not fit for use, the Inspector shall, within
forty-eight hours of making the examination, inform the owner of the boiler
in writing of his opinion and the reasons therefor, and shall forthwith
report the case for orders to the Chief Inspector.
(6) The Chief
Inspector, on receipt of a report under sub-section (5), may, subject to the
provisions of this Act and of the regulations made hereunder, order the
renewal of the certificate in such terms and on such conditions, if any, as
he thinks fit, or may refuse to renew it.
Provided that
where the Chief Inspector refuses to renew a certificate, he shall forthwith
communicate his refusal to the owner of the boiler, together with the reasons
therefor.
(7) Nothing in
this section shall be deemed to prevent an owner of a boiler from applying
for a renewed certificate therefore at any time during the currency of a
certificate.
9. Provisional
orders
Where the
Inspector reports the case of any boiler to the Chief Inspector under
sub-section (3) of section 7 or sub-section (5) of section 8, he may, if the
boiler is not a boiler the use of which has been prohibited under clause (f)
of sub-section (1) of section 8, grant to the owner thereof a provisional
order in writing permitting the boiler to be used at a pressure not exceeding
such maximum pressure as he thinks fit and as in accordance with the
regulations made under this Act pending the receipt of the orders of the
Chief Inspector. Such provisional order shall cease to be in force--
(a) on the expiry
of six months from the date on which it is granted, or
(b) on receipt of
the orders of the Chief Inspector, or
(c) in any of the
cases referred to in clauses (b), (c), (d), (e) and (f) of sub-section (1) of
section 8,
and on so ceasing
to be in force shall be surrendered to the Inspector.
10. Use of boiler
pending grant of certificate
(1)
Notwithstanding anything herein before contained, when the period of a
certificate relating to a boiler has expired, the owner shall, provided that
he has applied before the expiry of that period for a renewal of the
certificate, be entitled to use the boiler at the maximum pressure entered in
the former certificate pending the issue of orders on the application.
(2) Nothing in
sub-section (1) shall be deemed to authorise the user of a boiler in any of
the cases referred to in clauses (b), (c), (d), (e) and (f) of sub-section
(1) of section 8 occurring after the expiry of the period of certificate.
11. Revocation of
certificate or provisional order
The Chief
Inspector may at any time withdraw or revoke any certificate or provisional
order on the report of an Inspector or otherwise-
(a) if there is reason to believe that the
certificate or provisional order has been fraudulently obtained or has been
granted erroneously or without sufficient examination; or
(b)
if the boiler in respect of which it has been granted has sustained injury or
has ceased to be in good condition; or
(c)
where the State Government has made rules requiring that boilers shall be in
charge of persons holding certificates of proficiency or competency, if the
boiler is in charge of a person not holding the certificate required by such
rules; or
(d)
where no such rules have been made, if the boiler is in charge of a person
who is not, having regard to the condition of the boiler in the opinion of
the Chief Inspector competent to have charge thereof.
Provided that
where the Chief Inspector withdraws or revokes a certificate or provisional
order on the ground specified in clause (d), he shall communicate to the
owner of the boiler his reasons in writing for the withdrawal or revocation
and the order shall not take effect until the expiry of thirty days from the
receipt of such communication.
12. Alterations
and renewals to boilers
No structural
alteration, addition or renewal shall be made in or to any boiler registered
under this Act unless such alteration, addition or renewal has been
sanctioned in writing by the Chief inspector.
13. Alterations
and renewals to steam-pipes
Before the owner
of any boiler registered under this Act makes any structural alteration,
addition or renewal in or to any steam-pipe attached to the boiler, he shall
transmit to the Chief Inspector a report in writing of his intention and
shall send therewith such particulars of the proposed alteration, addition or
renewal as may be prescribed.
14. Duty of owner
at examination
(1) On any date
fixed under this Act for the examination of a boiler, the owner thereof shall
be bound-
(a) to afford to the Inspector all reasonable facilities for the
examination and all such information as may reasonably be required of him;
(b) to have the boiler
properly prepared and ready for examination in the prescribed manner; and
(c) in the case of an
application for the registration of a boiler, to provide such drawings,
specifications, certificate and other particulars as may be prescribed.
(2) If the Owner
fails, without reasonable cause to comply with the provisions of subsection
(l), the Inspector shall refuse to make the examination and shall report the
case to the Chief Inspector who shall unless sufficient cause to the contrary
is shown, require the owner to file a fresh application under section 7 or
section 8, as the case may forbid him to use the boiler notwithstanding
anything contained in section 10.
15.
Production of Certificates, etc.
The owner of any
boiler who holds a certificate or provisional order relating thereto shall,
at all reasonable times during the period for which the certificate or order
is in force be bound to produce the same when called upon to do so by a
District Magistrate, Commissioner of Police or Magistrate of the first class having
jurisdiction in the area in which the boiler is for the time being or by the
Chief Inspector or by any Inspector appointed under the Indian Factories Act,
1948 (63 of 1948) or by any person specially authorised in writing by a
District Magistrate or Commissioner of Police.
16. Transfer of
Certificate etc.
If any person
becomes the owner of a boiler during the period for which a certificate or
provisional order relating thereto is in force, the preceding owner shall be
bound to make over to him the certificate or provisional order.
17. Powers of
entry
An Inspector may,
for the purpose of Inspecting or examining a boiler or any steam-pipe
attached thereto or of seeing that any provision of this Act or of any
regulation or rule made hereunder has been or is being observed, at all
reasonable times enter any place or building within the limits of the area
for which he has been appointed in which he has reason to believe that a
boiler is in use.
18. Report of
accidents
(1) If any
accident occurs to a boiler or steam-pipe, the owner or person in charge
thereof shall within twenty-four hours of the accident, report the same in
writing to the Inspector. Every such report shall contain a true description
of the nature of a accident and of the injury, if any, caused thereby to the
boiler or to the steam-pipe or to any person, and shall be insufficient
detail to enable the Inspector to judge of the gravity of the accident.
(2) Every person
shall be bound to answer truly to the best of his knowledge and ability every
question put to him in writing by the Inspector as to the cause, nature or
extent of the accident.
19. Appeals to
Chief Inspector
Any person to
considering himself aggrieved by-
(a)
an order made or purporting to be made by an Inspector in the exercise of any
power conferred by or under this Act, or
(b)
a refusal of an Inspector to make any order or to issue any certificate which
he is required or enabled by or under this Act to make or issue,
may, within
thirty days from the date on which such order or refusal is communicated to
him, appeal against the order or refusal to the Chief Inspector.
20.
Appeals to appellate authority
Any person
considering himself aggrieved by an original or appellate order of the Chief
Inspector-
(a)
refusing to register a boiler or to grant or renew a certificate in respect
of a boiler; or
(b)
refusing to grant a certificate having validity for the full period applied
for; or
(c)
refusing to grant a certificate authorising the use of a boiler at the
maximum pressure desired; or
(d) withdrawing or revoking a
certificate or provisional order; or
(e)
reducing the amount of pressure specified in any certificate or the period
for which such certificate has been granted; or
(f)
ordering any structural alteration, addition or renewal to be made in or to a
boiler or steam-pipe, or refusing sanction to the making of any structural
alteration, addition or renewal in or to a boiler,
may, within
thirty days of the communication to him of such order, lodge with the Chief
Inspector an appeal to appellate authority to be constituted by the State
Government under this Act.
20A. Power of
Central Government to revise order of appellate authority
(1) Any person
considering himself aggrieved by an order of the appellate authority refusing
under section 20 to interfere with an order not to register a boiler or not
to grant or renew a certificate in respect thereof on the ground that the
boiler does not conform to the regulations made under this Act may, within
two months of the communication to him of such order, make an application to
the Central Government for a revision of that order on the ground that such
boilers are in use in other countries.
(2) Upon the
receipt of such an application, the Central Government may, after calling for
relevant records and other information from the appellate authority and
considering the observations, if any, of that authority on the application
and after obtaining such technical advice as the Central Government may
consider necessary, pass such order in relation to the application, as the
Central Government thinks fit; and where the revision is allowed, the order
shall specify that terms and conditions on which any variations from the
regulations made under this Act are to be dealt with during the examination
of the boiler.
21. Finality of
orders
An order of the
Central Government under section 20A and, save as otherwise provide in
sections 19, 20 and 20A, an order of an appellate authority, or of the Chief
Inspector, or of a Deputy Chief Inspector, or of an Inspector, shall be final
and shall not be called in question in any court.
22. Minor
penalties
Any owner of a
boiler who refuses or without reasonable excuse neglects
(i) to surrender
a provisional order as required by section 9, or 11
(ii) to produce a certificate or
provisional order when duly called upon to do so under section 15, or
(iii)
to make over to the new owner of a boiler a certificate or provisional order
as required by section 16,
shall be
punishable with fine which may extend to one hundred rupees.
23. Penalties for
illegal use of boiler
Any owner of a
boiler who, in any case in which a certificate or provisional order is
required for the uses of the boiler under this Act, uses the boiler either
without any such certificate or order being in force or at a higher pressure
than that allowed thereby, shall be punishable with fine which may extend to
five hundred rupees, and in the case of a continuing offence, with an
additional fine which may extend to one hundred rupees for each day after the
first day in regard to which he is convicted of having persisted in the
offence.
24. Other
penalties
Any person who-
(a)
uses or permits to be used a boiler of which he is the owner and which has
been transferred from one State to another without such transfer having been
reported as required by section 6, or
(b)
being the owner of a boiler fails to cause the register number allotted to
the boiler under this Act to be marked on the boiler as required by
sub-section (6) of section 7, or
(c)
makes any structural alteration, addition or renewal in or to a boiler
without first obtaining the sanction of the Chief Inspector when so required
by section 12, or to a steam-pipe without first informing the Chief
Inspector, when so required by section 13, or
(d)
fails to report an accident to a boiler or steam-pipe when so required by
section 18, or
(e)
tampers with a safety valve of a boiler so as to render it inoperative at the
maximum pressure at which the use of the boiler is authorised under this Act,
or
(f)
allows another person to go inside a boiler without effectively disconnecting
the same in the prescribed manner from any steam or hot water connection with
any other boiler or from fuel mains,
shall be
punishable with fine which may extend to five hundred rupees.
25. Penalty for
tampering with register mark
(1) Whoever
removes, alters, defaces, renders invisible or otherwise tampers with the
register number marked on a boiler in accordance with the provisions of this
Act or any Act repealed hereby, shall be punishable with fine which may
extend to five hundred rupees.
(2)
Whoever fraudulently marks upon a bailer a register number which has not been
allotted to it under this Act or any Act repealed hereby, shall be punishable
with imprisonment which may extend to two years, or with fine, or with both.
26. Limitation
and previous sanction for prosecutions
No prosecution
for an offence made punishable by or under this Act shall be instituted
except within twenty-four months from the date of the commencement of the
offence, and no such prosecution shall be instituted without the previous
sanction of the Chief Inspector.
27. Trial of
offences
No offence made
punishable by or under this Act shall be tried by a Court inferior to that of
a Presidency Magistrate or a Magistrate of the first class.
27 A. Central
Boilers Board
(1)
A Board to be called the Central Boilers Board shall be constituted to
exercise the powers conferred by section 28.
(2)
The Board shall consist of the following members, namely :
(a) such number of members, including the chairman, not
exceeding fifteen, as the Central Government may nominate in the prescribed
manner to represent that Government, the Union territories, the railways, the
coal industry, the Indian Standards Institution, the boiler manufacturing
industry, the users of boilers and, any other interests which, in the opinion
of the Central Government, ought to be represented on the Board;
(b)
a senior technical officer conversant with the inspection and examination of
boilers, to be nominated by the Government of each State (other than a Union
territory).
(3) Any vacancy occuring in the Board shall be filled as
soon as may be by a nomination made by the authority by whom the member
vacating office was nominated.
(4)
The Board shall have full power to regulate by means of bye-laws or otherwise
is own procedure and the conduct of all business to be transacted by it, the
constitution of committees and sub-committees of members and the delegation
to them of any of the powers and duties of the Board.
(5)
The powers of the Board may be exercise notwithstanding any vacancy in the
Board.
28. Power to make
regulations
[(I)] The Board
may, by notification in the Gazette of India, make regulations consistent
with this Act for all or any of the following purposes, namely:
(a)
for laying down the standard conditions in respect of material, design and
construction which shall be required for the purpose of enabling the
registration and certification of a boiler under this Act;
(aa) for prescribing the
circumstances in which, the extent to which, and the conditions subject to
which variation from the standard conditions laid down under clause (a) may
be permitted;
(b)
for prescribing the method of determining the maximum pressure at which a
boiler may be used;
(c)
for regulating the registration of boilers, prescribing the fees payable
therefor and for the inspection and examination of boilers or parts thereof,
the drawings, specifications certificates and particulars to be produced by
the owner, the method of preparing a boiler for examination, the form of the
Inspector's report thereon, the method of marking the register number, and
the period within which such number is to be marked on the boiler;
(d)
for regulating the inspection and examination of boilers and steam-pipes and
prescribing forms of certificates therefor;
(e)
for ensuring the safety of persons working inside a boiler; and
(f)
for providing for any other matter which is not, in the opinion of the Board,
a matter of merely local or State importance.
[(2) Every
regulation made under this Act 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 regulation or both Houses agree that the
regulation should not be made, the regulation 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 previously done under that regulation.]
28A. Power of
Central Government to make rules
(1) The Central
Government may, by notification in the Official Gazette, make rules to
provide for-
(a) the procedure to be followed in making applications
under section 20A and the fees payable in respect of such applications; and
(b)
any matter relating to the nomination of members under clause (a) of
sub-section (2) of section 27 A.
(2) Every rule
made 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 rule or both Houses agree that the rule
should not be made, the rule shall thereafter have effect only in such
modified form or be no effect, as the case may be, so however, that any such
modification or annulment shall be without prejudice to the validity of
anything previously done under that rule.
29.
Power to make rules
[(1)] The State
Government may, by notification in the Official Gazette, make rules
consistent with this Act and the regulations made thereunder for all or any
of the following purposes, namely :
(a) for
prescribing the qualifications and duties of the Chief Inspector, or Deputy
Chief Inspectors and of Inspectors, for prescribing of constituting
authorities to which they shall respectively be subordinate, and the limits
of the administrative control to be exercised by such authorities;
(b) for
regulating the transfer of boilers;
(c) for providing for the registration and certification
of boilers in accordance with the regulations made under this Act;
(d)
for requiring boilers to be charge of persons holding certificates of
proficiency or competency, and for prescribing the conditions on which such
certificates may be granted;
(e)
for prescribing the times within which Inspectors shall be required to
examine boilers under section 7 or section 8;
(f)
for prescribing the fees payable for the issue of renewed certificates, for
the inspection and examination of boilers of parts thereof or drawings for
steam-pipes, for the testing of welders or for any other matter which, in the
opinion of the State Government, would involve time and labour and for
prescribing the method of determining the amount of such fees in each case;
(g)
for regulating inquiries into accidents;
(h)
for constituting the appellate authority referred to in section 20, and for
determining its powers and procedure;
(i)
for determining the mode of disposal of fees, costs and penalties levied
.under this Act; and
(j)
generally to provide for any matter which is, in the opinion of the State
Government, a matter of merely local importance in the State.
[(2) Every rule
made by the State Government under this Act shall be laid, as soon as may be
after it is made, before the State Legislature.]
30. Penalty for
breach of rules
Any regulation or
rule made under section 28 or section 29 may direct that a person
contravening such regulation or rule shall be punishable, in the case of a
first offence, with fine which may extend to one hundred rupees, and in the
case of any subsequent offence, with fine which may extend to one thousand
rupees.
31.
Publication of regulations and rules
(1) The power to
make regulations and rules conferred by section 28 and 29 shall be subject to
the condition of the regulations and rules being made after previous
publication.
(2) Regulations
and rules so made shall be published in the Gazette of India and the local
official Gazette; respectively, and, on such Notification, shall have effect
as if enacted in this Act.
31A. Power of
Central Government to give directions
Central
Government may give such directions as it may deem State Government regarding
the carrying into execution to this Act, and the State Government shall
comply elections.
32. Recovery of
fees etc.
All fees, costs
and penalties levied under this Act shall be recoverable arrears of
land-revenue.
33. Applicability
to the Government
Save as otherwise
expressly provided, this Act shall apply to boilers and steam-pipes belonging
to the Government.
34. Exemptions
(1) The State
Government may, by notification in the Official Gazette, exempt from the
operation of this Act, subject to such conditions and restrictions as it
thinks fit, any boilers or classes or types of boilers used exclusively for
the heating of buildings or the supply of hot water.
(2) In case of
any emergency, the State Government may, by general or special order in
writing, exempt any boilers or steam-pipes or any class of boilers or
steam-pipes or any boiler or steam-pipes from the operation of all or any of
the provisions of this Act.
(3) If the State
Government is satisfied that, having regard to the material, design or
construction of boilers and to the need for the rapid industrialisation of
the country, it is necessary so to do, it may, by notification in the
Official Gazette and subject to such conditions and restrictions as may be
specified in the notification, exclude any specified class of boilers or
steam-pipes in the whole or any part of the State, from the operation of all
or any of the provisions of this Act.
35. Repeal of
enactments
Rep. by the
Repealing Act, 1927 (12 of 1927), s. 2 and Sch.-
THE INDIAN BOILERS (AMENDMENT) ACT, 2007
NO. 49 OF 2007
[12th December, 2007.]
An Act further to amend the
Indian Boilers Act, 1923.
BE it enacted by Parliament
in the Fifty-eighth Year of the
1.Short title and commencement.
1. Short title and
commencement. - (1) This Act may be called the Indian Boilers (Amendment)
Act, 2007.
(2) It shall come into force
on such date as the Central Government may, by notification in the Official
Gazette, appoint; and different dates may be appointed for different
provisions of this Act.
2. Amendment of section 1.
2. Amendment of section 1. -
In section 1 of the Indian Boilers Act, 1923 (hereinafter referred to as the
principal Act), in sub-section (1), the word "Indian" shall be
omitted.
3. Amendment of section 2.
3. Amendment of section 2. -
In section 2 of the principal Act,- (1) for clause (a), the following clause
shall be substituted, namely:-
'(a) "accident"
means an explosion of boiler, or boiler component, which is calculated to
weaken the strength or an uncontrolled release of water or steam there from,
liable to cause death or injury to any person or damage to any property;';
(2) for clause (b), the
following clauses shall be substituted, namely:- '(b) "boiler"
means a pressure vessel in which steam is generated for use external to
itself by application of heat which is wholly or partly under pressure when
steam is shut off but does not include a pressure vessel,- (i) with capacity less than 25 litres
(such capacity being measured from the feed check valve to the main steam
stop valve);
(ii)
with less than one kilogram per centimetre square design gauge pressure and
working gauge pressure; or
(iii)
in which water is heated below one hundred degrees centigrade;
(ba)
"boiler component" means steam piping, feed piping, economiser,
superheater, any mounting or other fitting and any other external or internal
part of a boiler which is subject to pressure exceeding one kilogram per
centimetre square gauge;
(3)
after clause (c), the following clauses shall be inserted, namely:-
'(ca)
"Competent Authority" means an institution recognised in such
manner as may be prescribed by regulations for issue of certificate to the
welders for welding of boiler and boiler components;
(cb)
"Competent Person" means a person recognised in such manner as may
be prescribed by regulations for inspection and certification of boilers and
boiler components during manufacture, erection and use. All Inspectors shall
be ipso facto competent persons;
(4)
after clause (ccc), the following clauses shall be inserted, namely:-
'(ccd)
"Inspecting Authority" means an institution recognised in such
manner as may be prescribed by regulations for the inspection and
certification of boilers and boiler components during manufacture. All Chief
Inspectors of Boilers shall be ipso facto Inspecting Authorities;
(cce)
"manufacture" means manufacture, construction and fabrication of
boiler or boiler component, or both;
(ccf)
"manufacturer" means a person engaged in the manufacture;
(5)
in clause (d), for the words "includes any person", the words
"includes any person possessing or" shall be substituted;
(6)
for clause (f), the following clause shall be substituted, namely:-
'(f)
"steam pipe" means any pipe through which steam passes if-
(i)
the pressure at which steam passes through such pipe exceeds 3.5 kilogram per
square centimetres above atmospheric pressure, or
(ii)
such pipe exceeds 254 millimetres in internal diameter and the pressure of
steam exceeds 1 kilogram per square centimetres above the atmospheric
pressure, and includes in either case any connected fitting of a steam-pipe;
(7)
for clause (g), the following clauses shall be substituted, namely:-
'(g)
"structural alteration, addition or renewal" means,-
(i)
any change in the design of a boiler or boiler component;
(ii)
replacement of any part of boiler or boiler component by a part which does
not conform to the same specification; or
(iii)
any addition to any part of a boiler or boiler component;
(h)
"superheater" means any equipment which is partly or wholly exposed
to flue gases for the purpose of raising the temperature of steam beyond the
saturation temperature at that pressure and includes a re-heater;
(i)
"Technical Adviser" means the Technical Adviser appointed under sub-section
(1) of section 4A.
4. Substitution
of new section for section 3.
4. Substitution of new section for
section 3.- For section 3 of the principal Act, the following section shall
be substituted, namely:-
"3.
Limitation of application. - Nothing in this Act shall apply to-
(a)
locomotive boilers belonging to or under the control of the railways;
(b)
any boiler or boiler component,-
(i)
in any vessel propelled wholly or in part by the agency of steam;
(ii)
belonging to, or under the control of, the Army, Navy or Air Force; or
(iii)
appertaining to a sterilizer disinfector used in hospitals or nursing homes,
if the boiler does not exceed one hundred litres in capacity.".
5. Insertion of
new sections 4A to 4F
5.
Insertion of new sections 4A to 4F. - After section 4 of the principal Act,
the following sections shall be inserted, namely:-
"4A.
Technical Adviser. - (1) The Central Government shall appoint a Technical
Adviser from amongst the persons having such qualifications and experience as
may be prescribed by rules.
(2)
The terms and conditions of service of the Technical Adviser shall be such as
may be prescribed by the Central Government.
(3)
The Technical Adviser shall, in addition to exercising the powers and
discharging the functions assigned to him under this Act or rules or
regulations made thereunder, exercise such other powers and discharge such
functions as the Central Government and the Board may delegate to him.
4B.
(1) Any person who proposes to undertake any welding work connected with or
related to a boiler, or a boiler component or both shall apply to a Competent
Authority for issue of a Welders certificate.
(2)
On receipt of an application under sub-section (1), the Competent Authority
shall follow such procedure for examination and grant of Welders certificate
as may be prescribed by regulations.
(3)
The Competent Authority may, if satisfied that the person applying for
Welders certificate under sub-section (2) has complied with the conditions
precedent for issue of the Welders certificate, issue such certificate, to
such person subject to the payment of such fee and such other conditions as
may be prescribed by regulations:
Provided
that the Competent Authority shall not refuse Welders certificate to any
person unless such person is given an opportunity of being heard.
4C.
Conditions precedent for manufacture of boiler and boiler component. - (1) No
person shall manufacture or cause to be manufactured any boiler or boiler
component, or both unless-
(a)
he has provided in the premises or precincts wherein such boiler or boiler
component, or both are manufactured, such facilities for design and
construction as may be prescribed by regulations;
(b)
the design and drawings of the boiler and boiler component have been approved
by the Inspecting Authority under clause (a) of sub-section (2) of section
4D;
(c) the materials, mounting and fittings
used in the construction of such boiler or boiler component, or both conform
to the specifications prescribed by regulations; and
(d)
the persons engaged for welding boiler or boiler component hold Welders
certificate issued by a Competent Authority.
4D.
(1) Every manufacturer, before commencing manufacture of a boiler or boiler
component, shall engage an Inspecting Authority for carrying out inspection
at such stages of manufacture as may be prescribed by regulations.
(2)
The Inspecting Authority engaged under sub-section (1) shall follow such
procedure for inspection and certification of boiler or boiler component as
may be prescribed by regulations and after inspection, if it is- (a)
satisfied that the boiler or the boiler component conforms to the standards
prescribed by regulations, it shall issue a certificate of inspection and
stamp the boiler, or boiler component, or both; or
(b)
of the opinion that the boiler, or boiler component, or both does not conform
to the standards prescribed by regulations, it may for reasons to be recorded
in writing refuse to issue such certificate:
Provided
that no certificate shall be refused unless the Inspecting Authority had
directed the manufacturer of the boiler or boiler component, or both in
writing to carry out such modifications or rectifications as it deems
necessary and the Inspecting Authority is of the opinion that inspite of such
direction the manufacturer of the boiler or boiler component, or both did not
carry out the direction.
(3)
The Inspecting Authority may, for the purposes of inspection under this
section, charge such fee as may be prescribed by regulations.
4E.
(1) The owner who proposes to register a boiler under section 7, shall engage
on Inspecting Authority for carrying out inspection at the stage of erection
of the boiler.
(2)
The Inspecting Authority shall follow such procedure for inspection and
certification of a boiler or boiler component, or both as may be prescribed
by regulations and after inspection if it is-
(a)
satisfied that the erection of the boiler is in accordance with the
regulations, it shall issue a certificate of inspection in such form as may
be prescribed by regulations; or
(b)
of the opinion that the boiler has not been erected in accordance with the
regulations, it may for reasons to be recorded in writing, refuse to grant
the certificate and shall communicate such refusal to the manufacturer of the
boiler or boiler component forthwith:
Provided
that no such certificate shall be refused unless the Inspecting Authority had
directed the owner in writing to carry out such modifications or
rectifications as it deems necessary and the Inspecting Authority is of the
opinion that in spite of such direction the owner did not carry out the
direction.
(3)
The Inspecting Authority may, for the purposes of inspection under this
section, charge such fee as may be prescribed by regulations.
4F.
No person shall repair or cause to be repaired any boiler or boiler component
or both, unless-
(a)
he has provided in the premises or precincts, where in such boiler or boiler
component or both are being used, such facilities for repairs as may be
prescribed by regulations;
(b)
the design and drawings of the boiler or boiler component, as the case may
be, and the materials, mountings and fittings used in the repair of such
boiler or boiler component conform to the regulations;
(c)
persons engaged in welding, holds a Welders certificate issued by a Competent
Authority;
(d) every user who does not have the
in-house facilities for repair of boiler or boiler component shall engage a
Boiler Repairer possessing a Boiler Repairer certificate for repair of a
boiler or boiler component or both, as the case may be;
(e)
every user shall engage a Competent Person for approval of repairs to be
carried out in-house or by the repairers.".
6. Welders
certificate.
6.
Welders certificate - In section 5 of the principal Act, after sub-section
(4), the following sub-section shall be inserted, namely:-
"(4A)
No person shall be appointed as the Chief Inspector, Deputy Chief Inspector
or Inspector unless he possesses such qualifications and experience as may be
prescribed by the Central Government."
7. Inspection
during manufacture.
7.
Inspection during manufacture. - In section 6 of the principal Act, in clause
(e), for the words "State Government" the words "Central
Government" shall be substituted.
8. Amendment of
section 7.
8
Amendment of section - 7..In section 7 of the principal Act,-
(a)
in sub-section (1), for the words "may apply to the Inspector to have
the boiler registered", the words "may apply to the Inspector along
with such other documents as may be prescribed by regulations to have the
boiler registered" shall be substituted;
(b)
for sub-section (3), the following sub-section shall be substituted, namely:-
"(3)
On the said date the Inspector shall inspect the boiler with a view to
satisfying himself that the boiler has not suffered any damage during its
transit from the place or manufacture to the site of erection and forward a
report of the inspection alongwith the documents to the Chief Inspector
within seven days."
9. Amendment of
section 8.
9.
Amendment of section 8.- In section 8 of the principal Act,- (a) in sub-section (1),- (i) in clause (c),
for the figures "18.58", the figures "20" shall be
substituted;
(ii)
for clause (d), the following clause shall be substituted, namely:-
"(d)
save as provided in section 12, when any structural alteration, addition or
renewal is made in or to the boiler;"
(iii)
in clause (f), for the words "it or any steam pipe", the words
"it or any boiler component" shall be substituted;
(b)
for sub-section (3), the following sub-section shall be substituted, namely:-
"(3)
When a certificate ceases to be in force, the owner of the boiler may apply
to the Competent Person for renewal thereof for such period as may be
prescribed by regulations.";
(c)
for sub-sections (4) and (5), the following sub-sections shall be
substituted, namely:-
"(4)
On receipt of an application under sub-section (3), the Competent Person
shall, within fifteen days from the date of such receipt, inspect the boiler
in such manner as may be prescribed by regulations.
(5)
If the Competent Person is- (a) satisfied that the boiler and the boiler
components attached thereto are in good condition he shall issue a
certificate for such period as may be prescribed by regulations.
(b)
of the opinion that the boiler or boiler component, or both does not conform
to the standards prescribed by regulations, it may, for reasons to be
recorded in writing, refuse to issue such certificate:
Provided
that no certificate shall be refused unless the Inspecting Authority had
directed the owner of the boiler or the boiler component, or both in writing
to carry out such modifications or rectifications as it deems necessary and
the Competent Person is of the opinion that inspite of such direction the
owner of the boiler or boiler component, or both did not carry out the
direction:
Provided
further that the Competent Person shall, within forty-eight hours of making
the examination, inform the owner of the boiler or boiler component any
defect in his opinion and the reasons therefor and shall forthwith report the
case to the Chief Inspector.
(6)
The Competent Person may for the purpose of inspection under this section
charge such fee as may be prescribed by regulations."
10. Amendment of
section 9.
10.
Amendment of section 9. - In section 9 of the principal Act, the words,
brackets and figures "or sub-section (5) of section 8" shall be
omitted.
11. Amendment of
section 11.
11.
Amendment of section 11. - In section 11 of the principal Act,-
(a)
in clause (c), for the words "State Government", the words
"Central Government" shall be substituted;
(b)
clause (d) and the proviso shall be omitted.
12. Amendment of
section 12.
12.
Amendment of section 12. - In section 12 of the principal Act, the following
proviso shall be inserted at the end, namely:-
"Provided
that no such sanction is required where the structural alteration, addition
or renewal is made under the supervision of a Competent Person."
13.
Substitution of new section for section 13.
13.
Substitution of new section for section 13. - For section 13 of the principal
Act, the following section shall be substituted, namely:-
"13.
Alteration or renewal of boiler component - (1) Before the owner of any
boiler registered under this Act makes any structural alteration, addition or
renewal in or to any boiler component attached to the boiler, he shall transmit
to the Chief Inspector a report in writing of his intention and send
therewith such particulars of proposed alteration, addition or renewal as may
be prescribed by regulations.
(2)
Any structural alteration, addition or renewal referred to in sub-section (1)
shall be made by a person possessing a Boiler Repairer certificate under the
supervision of the Competent Person."
14.
Amendment of section 14.
14.
Amendment of section 14. - In section 14 of the principal Act,- (a) in
sub-section (1),-
(i)
in clause (a), for the word "Inspector", the words "Competent
Person" shall be substituted;
(ii)
in clause (b), for the words, "prescribed manner", the words
"manner prescribed by regulations" shall be substituted;
(iii)
in clause (c), for the words "be prescribed", the words "be
prescribed by regulations" shall be substituted;
(b)
in sub-section (2), for the word "Inspector", the words
"Competent Person" shall be substituted.
15 Amendment of
section 15
15.
Amendment of section 15. - In section 15 of the principal Act, for the words
and figures "the Indian Factories Act, 1911", the words and figures
"the Factories Act, 1948" shall be substituted.
16 Amendment of
section 18.
16.
Amendment of section 18 - In section 18 of the principal Act,- (a) in sub-section (1), for the word
"steam-pipe", at both the places where it occurs, the words
"boiler component" shall be substituted;
(b)
after sub-section (2), the following sub-section shall be inserted, namely:-
"(3)
Without prejudice to the provisions of sub-section (1), where any death has
resulted due to any accident, an inquiry may be conducted by such person and
in such manner as may be prescribed by the Central Government."
17. Amendment of
section 19.
17.
Amendment of section 19. - Section 19 of the principal Act shall be
renumbered as sub-section (1) thereof and after sub-section (1) as so
renumbered, the following sub-section shall be inserted, namely:-
"(2) Every appeal under sub-section
(1) shall be made in such manner as may be prescribed by the State
Government.
(3)
The procedure for disposing of an appeal shall be such as may be prescribed
by the State Government.".
18. Amendment of
section 20.
18.
Amendment of section 20.Section 20 of the principal Act shall be renumbered
as sub-section (1) and- (a) in sub-section (1) as so renumbered, for the
words "lodge with the Chief Inspector an appeal to an Appellate
Authority to be constituted by the State Government under this Act", the
words "prefer an appeal to the Central Government" shall be
substituted;
(b)
after sub-section (1) as so renumbered, the following sub-sections shall be
inserted, namely:-
"(2)
Any person considering himself aggrieved by the refusal of an Inspecting
Authority to grant a certificate of inspection of manufacture or erection, as
the case may be, may, within thirty days from the date of communication of
such refusal, prefer an appeal to the Central Government.
(3)
Every appeal under sub-section (1) shall be made in such manner as may be
prescribed by the Central Government.
(4)
The procedure for disposing of an appeal shall be such as may be prescribed
by the Central Government."
19. Amendment of
section 21.
19.
Amendment of section 21. - In section 21 of the principal Act, for the words,
figures and letters "An order of the Central Government under section
20A and save as otherwise provided in sections 19, 20 and 20A, an order of an
appellate authority", the words, figures and letter "An order of
the Central Government under sections 20 and 20A," shall be substituted.
20 Amendment of
section 22.
20.
Amendment of section 22. - In section 22 of the principal Act, for the words
"one hundred rupees", the words "five thousand rupees"
shall be substituted.
21 Amendment of
section 23.
21.
Amendment of section 23. In section 23 of the principal Act,- (a) for the
words "five hundred rupees", the words "one lakh rupees"
shall be substituted;
(b)
for the words "one hundred rupees", the words "one thousand
rupees" shall be substituted.
22. Amendment of
section 24.
22.
Amendment of section 24. In section 24 of the principal Act, for the words
"punishable with fine which may extend to five hundred rupees", the
words "punishable with imprisonment which may extend to two years or with fine which may extend
to one lakh rupees, or with both" shall be substituted.
23 Amendment of
section 25.
23
Amendment of section 25. - In section 25 of the principal Act,- (a) in sub-section (1), for the words
"five hundred rupees", the words "one lakh rupees" shall
be substituted;
(b)
in sub-section (2), for the words "fine, or with both", the words
"fine which may extend to one lakh rupees or with both" shall be
substituted.
24. Amendment of
section 27A.
24.
Amendment of section 27A.- In section 27A of the principal Act, for sub-sections
(2) and (3), the following
sub-sections
shall be substituted, namely:-
"(2)
The Board shall consist of the following members, namely:-
(a)
the Secretary to the Government of India incharge of the Department of the
Central Government having administrative control of the Board who shall be
the Chairperson ex officio;
(b)
a senior technical officer conversant with the inspection and examination of
boilers, to be nominated by the Government of each State (other than a Union
territory);
(c) equal number of other persons as in
sub-section (b) above to
represent-
(i)
Central Government,
(ii)
the Bureau of Indian Standards,
(iii)
boiler and boiler component manufacturers,
(iv)
National laboratories,
(v)
engineering consultancy agencies,
(vi)
users of boilers, and
(vii)
such other interests which in the opinion of the Central
Government
ought to be represented on the Board, to be nominated by the Central
Government;
(d)
Technical Adviser, Member-Secretary ex officio.
(3)
The term of office of the members nominated under clauses (b) and (c) of
sub-section (2) shall be such as may be prescribed by the Central
Government."
25. Amendment of
section 28.
25.
Amendment of section 28. - In section 28 of the principal Act, in sub-section
(1),- (i) for clause (a), the following clause shall be substituted, namely:-
"(a) for laying down the standard conditions in respect of material, design,
construction, erection, operation and maintenance which shall be required for
the purposes of enabling the registration and certification of boilers,
boiler components, boiler mountings and fittings under this Act;"
(ii)
in clause (d), for the word "steam-pipes", the words "boiler
components, boiler mountings and fittings" shall be substituted;
(iii)
after clause (e), the following clauses shall be inserted, namely:-
"(ea)
for prescribing the qualifications and experience subject to which the
Inspecting Authorities, Competent Authorities and Competent Persons shall be
recognised under this Act;
(eb)
the conditions subject to which and the manner in which manufacturer of boiler components or
material may be recognised;
(ec)
facilities for design and construction which are required to be provided in the premises in which the
manufacturing of any boiler or boiler component is carried out;
(ed)
fee for the purposes of inspection or grant of recognition or any certificate
under this Act;
(ef)
procedure for examination and grant of Welders certificate;
(eg)
powers and functions which the Board may delegate to the Technical Adviser;
(eh)
documents to be enclosed along with the application for registration of
boilers or renewal of a certificate authorising the use of boilers;
(ei)
the manner of inspection of boilers;
(ej)
the period for which a certificate authorising the use of a boiler may be
renewed;
(ek) the conditions subject to which and
the form in which Competent Person shall renew a certificate authorising the
use of boilers;
(el)
the manner and the form in which a Repairer's certificate shall be issued;
(em)
the manner in which the boiler shall be preprared for examination;
(en)
drawings, specification, documents and other particulars which owner of a
boiler is required to make available to the Competent Person;
(eo)
the manner in which a person may be authorised to conduct energy audit and
the manner in which such audit shall be conducted;
(ep)
the manner in which disputes between the States with respect to registration
of boilers shall be resolved."
26. Amendment of
section 28A.
26.
Amendment of section 28A. - In section 28A of the principal Act, for
sub-section (1), the following sub-section shall be substituted, namely:-
"(1)
The Central Government may, by notification in the Official Gazette, make
rules to carry out the provisions of this Act.
(1A)
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:-
(a)
the procedure to be followed in making applications under section 20A and the
fees payable in respect of such application;
(b)
the qualifications and experience of persons to be appointed as Chief
Inspectors, Deputy Chief Inspectors and Inspectors;
(c)
the manner in which appeals may be preferred to the Board, the fees payable
in respect of appeals and the procedure to be followed of disposing such
appeals;
(d)
the term of office of the members and the manner in which they shall be
nominated under clauses (b) and (c) of sub-section (2) of section 27A;
(e)
the qualifications and experience of the Technical Adviser;
(f)
for requiring boilers to be under the charge of persons holding certificate
of proficiency or competency and for prescribing the conditions on which such
certificate may be granted;
(g)
the manner in which and the person who shall conduct inquiry into the
accident.".
27. Amendment of
section 29.
27.
Amendment of section 29. - In section 29 of the principal Act, in sub-section
(1),-
(i)
for clause (a), the following clause shall be substituted, namely:-
"(a)
the powers and duties of the Chief Inspector, Deputy Chief Inspectors and
Inspectors;"
(ii) clause (d) shall be omitted;
(iii)
for clause (f), the following clause shall be substituted, namely:-
"(f)
fee payable for registration of boilers;";
(iv)
for clause (h), the following clause shall be substituted, namely:-
"(h)
the manner in which appeals shall be preferred to the Chief Inspector and the
procedure to be followed for hearing such appeals;";
(v)
clause (j) shall be omitted.
28 Amendment of
section 30.
28.
Amendment of section 30. - In section 30 of the principal Act,-
(a)
for the words "one hundred rupees", the words "one thousand
rupees" shall be substituted;
(b)
for the words "one thousand rupees", the words "one lakh
rupees" shall be substituted;
29. Amendment of
section 33.
29.
Amendment of section 33. - In section 33 of the principal Act, for the word
"steam-pipes", the words "boiler components" shall be
substituted.
30. Amendment of
section 34.
30.
Amendment of section 34. - In section 34 of the principal Act, for
sub-section (3), the following sub-section shall be substituted, namely:-
"(3)
If the State Government is satisfied that having regard to the material,
design or construction of boilers and to the need for the rapid
industrialisation of the country, it is necessary so to do, it may, by
notification in the Official Gazette and subject to such conditions as may be
prescribed by regulations, exempt any boiler or boiler components in the
whole or any part of the State from the operation of all or any of the
provisions of this Act."
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Sunday, 6 July 2014
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