THETHE BOILERS ACT, 1923(5 of 1923)'

[23rd February. 19231

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 herebyenacted as follows—ollows—

Short title, extent and commencement

(1) This Act may be ca ged the ;1') Boilers Act 1923

1(2) It extends to the whole of India '[except the Slate of Jammu and Kashmir]

(3) It shall come into force on such date' as the Central Government may. by notification in theOfficial Gazette appoint.

Definitions

In this Act. unless there is anything repugnant In the suoject or context —

1(a) 'accident means an explosion of boiler. or boiler component. which is calculated toweaken the strength or an uncontrolled release of water or steam therefrom liable tocause death or injury to any person or damage to any property]

[(aa) 'Board' means the Central Boilers Board constituted under section 27A]

"((b) 'boiler" means a pressure vessel in which steam is generated for use external to itself byapplication of heat which is wholly or partly under pressure when steam is shut off butdoes not include a pressure vessel —

(i) with capacity less than 25 litres (such capacity being measured from the feedcheck valve to the main steam stop valve);

(n) with less than one kilogram per centimetre square design gauge pressure andworking gauge pressure. or

(iii) in Muth water is heated below one hundred degrees cermgrade.

1 For statement of Objects and Reasons. soo Gazette of Indic 1923. Pt. V. p. 249 an for Report of Joint Committee. seep. 15. This Ad has been extended to Beier by Act 4 of 1941. to Goa, finnan and Diu by Rag 12 of 1962. 5 3 and

Sch . o Dadra and Nagar Ravish by Reg 6 of 1963. S 2 and Soh I. to Loocadive. Minicoy and Amindivi Islands by Rag Aof 1965 5 3 and Sch and to Pondid5dry by Act 28 of 1958. S 3 and Sth

2 The wool 9ndiarc omitted by Act 49 of 2007. S 2Subs by the A.0 1950. tor sub-seCtiOrt (2).

I Subs by the Act 3 al 1951. S 3 end Sal . for 'except Part B States. w e f 27.6 20085 Came into tome on 1 1.1924. vide Nat:aeon No. A-6t. dated 4th Decanter. t923. we Gazette of Ina 1923. PI I p

1695ti Subs by Ad 49 o12007. S. 30) for

la) "arrackant" means an esicaccaon of a Watt Ot Sagnitipa or ',Fri damage to a bow or sseam-pipe which is cabcasedto weaken ew strength thereof so as to tender d base to endode:. wet 27 5 2006

7. Ins by Ad 11 of 1937. S. 3X Subs by Ad 49 of 2007. S 342) for

(b) 'boiler means any dosed vessel exceeding 22 75 Wires in capacity etch is used expressly (or graniraang striveunder pressure and rndudes any mounbng or other Sting attached to such vessel. which is wholly or partly under pressurewhen steam is shut off:. w cf. 27 5 2008

532

Indian Boiler Regulations 533

(bat 'boiler component' means steam piping, feed pipng. economiser. superheater, anymounting or other fining and any other external or internal part of a boiler which issubject to pressure exceeding one kilogram per centimetre square gauge)

I RO thief Inspector, 'Deputy Chief Inspector'. and 'Inspector mean. respectively, a personappointed to be a Chief Inspector a Deputy Chief Inspector and an Inspector under thisAct]

I(ca) "Competent Authority means an institution recognised in such manner as may beprescribed by regulations for issue of certificate to the welders for welding of boiler andboiler components.]

1(cb) 'Competent Person means a person recognised in such manner as may be prescribedby regulations for inspection and certification of boilers and boiler components dunngmanufacture erection and use

1(cc) 'economiser' means any part of a feed-pipe that is wholly or partially exposed to theaction 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 throughwhich feed water passes directly to a boiler and which does not form an integral partthereof.)

Teed) - Inspecting Authonty' means an institution recognised in such manner as may beprescribed by regulations for the inspection and certification of boilers and boilercomponents during manufacture All Chief Inspectors of Boilers shall be ipso factoInspecting Authorities.

(cce) 'manufacture' means manufacture, construction and fabrication of boiler or boilercomponent. or both.

(ccf) 'manufacture' moans a person engaged in the manufacture:)

'owner' "(includes any person possessing or) using a boiler as agent of the ownerthereof and any person using a boiler which he has hired or otAamed on loan from theowner thereof,

'prescnbed" means proscribed by regulations or rules made under this Act.

-HO 'Steam-pipe - means any pipe through which steam passes if-

(i) the pressure at which steam passes through such pipe exceeds 3 5 kilogram persquare centimetres above atmospheric pressure, or

I. Subs. by Act 18 of 19130 S 2(b). fore) (c)w o I 8 5 19602. Ins by Act 49 of 2007. S 3(3)

Ins by Act 49 of 2007. S 3(3)4. Subs. by Act 34 of 1947. S 2. as amended by Act 40 of 1949. S 3 and so II. for Clause (cc)5 nis by Act 49 of 2007. S 1(4). clauses (cce) 8 (a0 effective horn 27.5 2008e. Subs by Act 49 of 2007. S 3(5). for - includes any env'. w e I 27 5 20087 Subs. by Act 49 o1 2007. S. 3(6), for.

-(f) 'steam-pipe' means any pipe through which steam passes from a boiler to a prirresinovor or other user or both, -(i) the pressure at Much steam passes throLch such pipe exceeds 3 5 kilograms per square centimetre above

strnosphenc pass w if. of(e) such pope exceeds 754 rarnetres lc sal diameter.

and includes n wilts case any ocenactetd fining of a slearn . ptent?, ws f 27 5.2099

534 Indian Boiler ltegulations

(ii) such pipe exceeds 254 millimetres in internal diameter and the pressure of steamexceeds 1 kilogram per square centimetres above the atmospheric pressure,

and includes in either case any connected fitting of a steam-pipe.)

P l(g) 'Structural alteration, addition or renewal* means —

(() any change in the design of a boiler or boiler component,

replacement of any part of boiler or boiler component by a part which does notconform to the same specification or

any addition to any part of a boiler or boiler component:

'superheater" means any equipment which is partly or wholly exposed to flue gases forthe purpose of raising the temperature of steam beyond the saturation temperature atthat pressure and includes a re-heater;

'Technical Adviser" means the Technical Adviser appointed under sub-section (1) ofsection 4A

: [2A. Application of Act to feed pipes

Every reference in this Act (except where the word -steam-pipe' is used in clause m of section 2J.to a feed-pipe or steam-pipes shall be deemed to include also a reference to a feed-pipe or feed-pipes.respectively )

'12B. Application of Act to economisers

Every reference in this Act to a boiler or boilers [except in clause (ccc) of section 2. t ny ( 1"1 shallbe deemed to include also a reference to an economiser or economisers. respectively I

'[3. Limitation of application

Nom ng in th s Act shall am* to—

(a) locomotive boilers belonging to or under the control of the railways,

I Subs by Ad 49 of 2007 S 3(7), for'(g) 'Structural alteration. addition nr renewal' shaa not be deemed 10 include any renewal or replacement of a Telly

nature when the part or fitting used lot replacement is not inferior in strength, efficiency or otherwise to the repwno part orw e.f 27.5.2008

Ins by Act 17 of 1943. S 33. Ins by Act 34 of 1947.5 34 1 he words 'clause (e) of section 6, douses (c) and (d) of Sedicei 11, clause (d) of section 29* omitted by Act 25 of 1952. 5

2 wet 6 3 19525 The words and figures 'and season 34' emoted by Act 18 of 1960. S 3. w o f Et 5 19606 Subs by Ad 49 of 2007. S 4, for

Unray,on of appar,,kon Nothing in tin Act shot apply in me eat. of any Weer a steam-pce -in any steam . pfpe as defined in section 3 of the Indian Seam-saps AC. 1884 (7 or 1884) or in any steam vesselas defined n sector, 2 or the inland Steam-vessofs An. 1917( 1 of 1917). orbcionging to. or under Me control of, the Army. Navy or Air Force. or

(c) appertaining to a slinkier or dountector of a type such as is commonly used in hospitals. if the borer dues notexceed ninetyone litres in capacity.

(2) The Central Government may. by notification in the Official Gazelle, declare that the provisons of this Act than notapply in the case of bolters nr stenm . pmes, or any specrfiod class of boilers or steam pipes. belonging to ur wide' thecontrol of any railway administered by the Central GOVVII131313 or by any State Government or by any rnilwny company asdefined in douse (5) of section 3 of the Indian Railways Ad. 1890 (0 of 1800)". w el 27 5.2008.

Indian Boiler Regulations 535

(b) any boiler or boiler component,-

0) in any vessel propelled wholly or in part by the agency Of steam:

belonging to or under the control of, the Army. Navy or Air Force: or

(is) appertaining to a stenlizer disinfector used in hospitals or nursing homes, rf the boilerdoes not exceed one hundred litres in capacity.]

4. Power to limit extent

The (State Government] may. by notification in the Official Gazette, exclude any specified areafrom the ope ration of all or any SCieCified provisions of this Act

:MA. Technical Advisor

The Central Government shall appoint a Technical Adviser from amongst the persons havingsuch qualifications and experience as may be prescribed by rules

The terms and conditions of service of the Technical Adviser shall be such as may beprescribed by the Central Government

(3) The Technical Adviser shall in addition to exercising the powers and discharging the functionsassigned to him under this Act or rules or regulations made thereunder exercise such otherpowers and discharge such functions as the Central Government and the Board may delegateto h.m

48. Welders certificate

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 Welderscertificate

On receipt of an application under sub-section (1). the Competent Authority shall follow suchprocedure for examination and grant of Welders certificate as may be prescribed by regulations.

(3) The Competent Authority may. rf satisfied that the person applying for Welders certificate undersub-section (2) has compiled 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 otherconditions as may be prescribed by regulations

Provided that the Competent Authority shall not refuse Welders certificate to any personunless 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, orboth unless—

(a) he has provided in the premises or precincts wherein such boiler or boiler component orboth are manufactured such facilities for design and construction as may be prescribedby regulations.

I 11 words 'Covemor•General in Counor have boon successively amended by Ow A.O. 1937 and Inn A 0 1050 to readthe above

2 Sec 4A to 4F ins. by Act 49 of 2007. S 5. ve e t 2752008, so fart relates to Suction 4A

536 Indian Boiler Regulations

the design and drawings of the boiler and boiler component have been approved by theInspecting Authority under clause (a) of sub-section (2) of section 4D,

the materials. mounting and fittings used in the construction of such boiler or boilercomponent, or both conform to the specifications prescribed by regulations, and

(d) the persOns engaged for welding boiler or boiler component hold Welders certificateissued by a Competent Authority

4D. Inspection during manufacture

Every manufacturer, before commencing manufacture of a boiler or boiler component, shallengage an Inspecting Authonty for carrying out inspection at such stages of manufacture asmay be prescribed by regulations

The Inspecting Authority engaged under sub-section (1) shall follow such procedure forinspection and certification of boiler or boiler component as may be prescribed by regulationsand after inspection rf 11 is—

satisfied that the boiler or the boiler component conforms to the standards prescnbed byregulations, it shall issue a certificate of inspection and stamp the boiler, or boilercomponent, or both, or

of the opinion that the boiler or boler component or both does not conform to thestandards prescribed by regulations. it may for reasons to be recorded in writing refuseto issue such certificate:

Provided that no certificate shall be refused unless the Inspecting Authonty haddirected the manufacturer of the boiler or boiler component. or both in writing to carry outsuch modifications or rectifications as it deems necessary and the Inspecting Authontyof the opinion that inspite of such direction the manufacturer of the boiler or boilercomponent, or both did not carry out the direction,

(3) The Inspecting Authority may. for the purposes of inspection under this section. charge such feeas may be prescribed by regulations

4E. Inspection during erection

1) The owner who proposes to register a boiler under section 7, shall engage an InspectingAuthority 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 crboiler component. or both as may be prescribed by regulations and after inspection if it is—

satisfied that the erection of the boiler is in accordance with the regulations it shall issuea certificate of inspection in such form as may be prescribed by regulations or

of the opinion that the boiler has not been erected in accordance with the regulations, itmay for reasons to be recorded in writing, refuse to grant the certificate and shallcommunicate such refusal to the manufacturer of the boiler or boiler componentforthwith:

Provided that no such certificate shall be refused unless the Inspecting Authonty had directedthe owner in writing to carry out such modifications or rectifications as it deems necessary and

Indian Boiler Regulations 537

the Inspecting Authority is of the opinion that in spite of such direction the owner did not carryout the direction

(3) The Inspecting Authority may for the purposes of inspection under this section charge such feeas may be presorted by regulations

4F. Conditions precedent for repairing boiler and boiler component

No person shall repair or cause to bo repaired any boiler or boiler component or both, unless—

he has provided in the premises or precincts. where in such boiler or boiler component or bothare being used such facilities for repairs as may be prescribed by regulations,

the design and drawings of the boiler or boiler component, as the case may be. and thematerials mountings and fittings used in the repair of such boiler or boiler component conformto the regulations.

persons engaged in welding. holds a Welders cedificato issued by a Competent Authority:

every user who does not have the in house facilities for repair of boiler or boiler component shallengage a Boiler Repairer possessing a Boiler Repairer certificate for repair of a boiler or Dottercomponent or both. as the case may be

(e) every user shall engage a Competent Person for approval of repairs to be carned out in-houseOr by the repairers I

IS. Chief Inspector, Deputy Chief Inspectors and Inspectors

The State Government may appoint such persons as it thinks fit to be Inspectors for the Statefor the purposes of this Act and may define the local limits within which each Inspector shallexercise the powers and perform the duties conferred and imposed on Inspectors by or underthis Act

The State Government may appoint such persons as it thinks fit to be Deputy Chief Inspectorsfor the State and may define the local limits within which each Deputy Chief Inspector shallexercise his powers and perform his duties under this Act

Every Deputy Chef Inspector may exercise the powers and perform the duties conferred andimposed on Inspectors by or under this Act and in addition thereto, may exercise such powersOr perform such duties conferred or Imposed on the Chef Inspector by or under this Act, as theState Government may assign to him

The State Government shall appoint a person to be Cluel Inspector for the State who may. inaddition to the powers and duties conferred and imposed on the Chief Inspect' by or under thisAct. exercise any power or perform any duty so conferred or imposed on Deputy ChiefInspectors or Inspectors

((4A) No pe rson shall be appointed as the Chief Inspecti• Deputy Chef Inspector or Inspector unlesshe possesses such qualifications and experience as may be prescribed by the CentralGovernment I

I Subs. by Act 18 of 1900. S. 5. for Sewell; 5.19607 ins by Ad 49 of 200/. S 6

538 Indian Boiler Regulations

Subect to the provisions of this Act, the Deputy Chief Inspectors and Irspectors shall exercisethe powe rs and perform the duties conferred and imposed on them by or under this Act underthe general superintendence and control of the Chief Inspector

The Chief Inspector, Deputy Chief Inspectors and Inspectors may otter such advice as theythink fit to owners regarding the proper maintenance and sale working of boilers

(7) The Chief Inspector and all Deputy Chief Inspectors and Inspectors shalt be deemed to bepublic servants within the meaning of section 21 of the Indian Penal Code (45 of 1860)1

6. Prohibition of use of unregistered or uncertified boiler

Save as otherwise expressly provided in this Act. no owner of boiler shall use the boiler or permit itto be used—

unless it has been registered in accordance with the provisions of this Act

in the case of any boiler which has been transferred from one State to another. until the transferhas been reported in the prescribed manner.

unleSS a certrfiCate or provisonal order authonsing the use of the boiler is for the time being inforce under this Act.

at a pressure higher than the maximum pressure recorded in such certificate or provisionalorder.

(e) where the [Central Government) has made rules requiring that boilers shall be in charge ofpersons holding Iceitificates of proficiency or competency) unless the boiler is in charge of aperson holding the certificate required by such rules

Provided that any boiler registered or any boiler certified or licensed. under any Act herebyrepealed shall be deemed to have been registered or certified. as the case may be, under this Act

7. Registration

The owner of any boiler which is not registered under the provisions of this Act '(nlay apply tothe Inspector along with such other documents as may be prescribed by regulations to have theboiler registered) Every such application shall be accompanied by the prescribed fee

On receipt of an application under sub-section (1), the Inspector shall fix a date within thirtydays or such shorter period as may be prescribed from the date of the receipt. for theexamination of the bullet and shall give the owner thereof not less than ten days' notice of thedate so fixed.

'U3) On the said date the Inspector shall inspect the boiler with a view to satisfying himself that thebaler has not suffered any damage during its transit from the place or manufacture to the site of

I. Sets by Oct 49 at 2007, S 7, kw - State GovarnmeerSubs by Act to Isso.s e. 'maitre of competency'. Iff e f 73 5 1960Preys° afraid oy Act SS of 1900. S. 3 and Sch

4 Subs by Al 49 of '007 s So). brew, +coy to the Inseeaor to have the bo.Mi irogrsterad'Subs oy AC 49 of re?. S SRO. ke

4 13) On the said bete the III 4011Ctor than proceed to measure and examine the bower and to zeteirr.oe in the Veer:needmanner the maximum swrissure, if any at which suCh biller may be used end shall report the result of the examination tothe Chief Inspector on the prescribed Scene w e f 27 5.2008

Indian Bader Regulations 539

erection and forward a report of the inspection along with the documents to the Chief Inspectorwithin seven days ]

(4) The Chief Inspector. on receipt of the report. may—

register the boiler and assign a register number thereto either forthwith or after satisfyinghimself that any structural alteration addition or renewal which he may deem necessaryhas been made in or to the boiler or any steam-pipe attached thereto, or

refuse to register the boiler

Provided that where the Chief Inspector refuses to register a boiler he shall forthwithcommunicate 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 certificatein the prescribed form authorising the use of the boiler for a penod not exceeding twelve monthsat a pressure not exceeding such maximum pressure as he thinks fit and as is in accordancewith the regulations made under this Act

[Provided that a certrficate issued under this sub-section in respect of an economiser ` [or ofan unfired boiler which forms an integral part of a processing plant in which steam is generatedsolely by the use of oil, asphalt or bitumen as a heating medium] may authonse its use for aperiod not exceeding twenty-four months ]

(6) The Inspector shall forthwith convey to the owner of the boiler the orders of the Chief Inspectorand shall in accordancu therewith Issue to the owner any certificate of which the issue has beenordered. and, where the boiler has been registered. the owner shall within the prescribed periodcause 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

on the expiry of the period for which it was granted or

when any accident occurs to the baler or

(c) when the boiler is moved the boiler not being a vertical boiler the heating surface ofwhich is less than r[20] square metres]. or a portable or vehicular boiler. or

lid) save as provided in section 12 when any structural alteration. addition or renewal ismade in or to the boiler. or]

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

on the communication to the owner of the boiler of an order of the Chief Inspector orInspector prohibiting its use on the ground that "(it or any boiler component] attachedthereto is in a dangerous condition.

armee by Act 34 of 1947, S 42. Ins by Acl 18 011980. 5 7. w 6 5 19003 Subs by Act 18 of 1980. S 8(a) 01 'him hundred square fee' (wet 6.5 1980)4 Subs by Act 49 of 2007. S 881000, 107 ' /8 511". sr el 27 5 2008

Subs by Act 49 al 2007. S 9(0(7) kw14r) *ben any structural alsaban addbon or tenewal s mane n ono the of. w e t 27 5 2008

6 subs by Fa 49 of 2007. S 9181(0 107'7/a0( any stearnlace w et 27 5 2008

640 Indian Boiler Regulations

(2) Where an order is made under clause (f) of sub-section (1). the grounds on which the order ismade shall be communicated to the owner with the order

1(3) When a certificate ceases to be in force. the owner of the boiler may apply to the CompetentPerson for renewal thereof for such period as may be prescribed by regulations )

1(4) On receipt of an application under sub-section (3). the Competent Person shall, within fifteendays from the date of such receipt, inspect the boiler in such manner as may be prescribed byregulations )

((5) If the Competent Person is—

satisfied that the boiler and the boiler components attached thereto are in good conditionhe shall issue a certificate for such period as may be prescribed by regulations, or

of the opinion that the boiler or boiler component, or both does not conform to thestandards prescribed by regulations it may. for reasor.s to be recorded in writing. refuseto issue such certificate

Prowled that no certificate shall be refused unless the Inspecting Authority haddirected the owner of the boiler or the boiler component or both In writing to carry outsuch modifications or rectifications as it deems necessary and the Competent Person isof the opinion that inspite of such direction the owner of the boiler or boiler componentor both did not carry out the direction.

I Subs. by Act 49 of 2007. S. 0(b), for13) When a certificate ceases to he in force. the owner of the boiler may apply to the Inspector for a renewal thereof lot

such period not exceeding twelve months as he may specify in the applicationProvided that where the certificate 'elates to an economiser or of an untried boiler which forms an integral pan of a

processing plant in which steam is generated solely by the use of oil asphalt or bitumen as a heating medium. thea004callon for its renewal may be fora period not exceeding twenty four months •

2 Subs by Act 49 af 2007. S 9(c1. for4 (4) An appecabon under sub-se:bon (3) shalt be accemparmed by the prescribed i.e and. on receipt thereof Mc

Inspector Shall au a date *tall thalY days or such Sheffer WOO as may be presorted from me date of the recta for theera eon or me boier and seed gra the owner tnereof not less than in clays notsce of the date so axed

Provided that where the certificate has ceased to be it force cowry to Me making of any structural mermen addeCon orrenewal CIO Chief inspector may Orspense worn the payment of any tee

Provided further that in the case of an economiser a Of an unfired teem which forms an integral pan Of a processingplant In welled steam is generated solely by the use of al. asphalt of Lohman es a heating medium. the dale axed for esexamination shall be within sixty days from the date of receipt of the application and the owner shall be given not less thanthirty dilys . notice of the date so fixedSubs. by Act 49 of 2002. S 9(c). for

19) On Urd said dale the Inspector &hall examine the boiler in the presented Manna' and ii he is satisfied that the boilerAnd the steam-pipe of sleampipes attached thereto aro in good condition shall issue n renewed certificate authorising theuse of the boiler for such period not exceeding twelve months and at a pressure nut exceeding Such maximum pressure athe thinks N and as mini accotdance with the regulations mark under this Act'

Provided Thal renewed cedificate issued under this sub-secton in respect of an economiser or of an unfired boiler whichforms an integral part of a processing plant in which steam is generated wely by the use of Oa. aspha lt Or bitumen OSheating medium may authorise its use for a period not exceeding hvenly-four months

Provided bather that if the inspectorproposes to Issue any ceseAClote-p) haying vaidrly for a less prod than the coned entered n the OPPIcatiOn(I) evreawrig or reducing the manual PrOSSure at Witch the boiler may be used or(reposes to eider any slimiest aferabon aososon or renewal to be made in Or lo the bode' a any seam-ppeattached Morel°. Or

(t) is of opinion that the boles is not M for use. the Inspector shall within lofty-eight hags of making P*examination inform the owner of the boiler in dicing Of his Opinion and the reasons therefor. and shall forthwithreport the case for orders to the Chef Inspector

Indian Boger Revd/titans 541

Provided further that the Com petent Person shall. veithin forty-eight hours of makingthe examination. inform the owner of the boiler or boiler component any defect in hisopinion and the reasons therefor and shall forthwith report the case to the ChiefInspector.]

I f(5A) The Competent Person may for the purpose of inspection under this section charge such fee asmay be prescribed by regulations ]

The Chief Inspector. on receipt of a report under sub-section (5). may. sutlect to the provisionsof this Act and of the regulations made hereunder order the renewal of the certificate in suchterms and on such conditions. if any. as he thinks ft or may refuse to renew it

Provided that where the Chief Inspector refuses to renew a certificate. he shall forthwithcommunicate his refusal to the owner of the boiler. together with the reasons therefor

Nothing in this section shall be doomed to prevent an owner of a boiler from applying for arenewed certificate therefor at any time during the currency of a certificate

9. Provisional orders

Where the Inspector reports the case of any boiler to tt e Chief Inspector] under sub-section (3) ofsection 7 1 11 °) he may, if the boiler is not a boiler the use of which has been prohibited under clause (0of sub-section (1) of section 8. grant to the owner thereof a provisional order in writing permitting theboiler to be used at a pressure not exceeding such maximum pressure as he thinks fit and as is inaccordance with the regulations made under this Act pending the receipt of the orders of the ChiefInspector Such provisional order shall cease to be in force —

on the expiry of six months from the date on which it is granted or

on receipt of the orders of tne Chief Inspector. or

(c) in any of the cases re ferred to in clauses (b). (c), (d), (e) and (0 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

Notwithstanding anything hereinbefore contained when the period of a certificate relating to aboiler has expired. the owner shall. provided that he has applied before the expiry of that periodfor a renewal of the certificate be entitled to use the boiler at the maximum pressure entered inthe former certificate pending the issue of orders on the application

Nothing in sub-section (1) shall be deemed to authonse the use of a boiler in any of the casesreferred to in clauses (b), (C). (0). (e) and (f) of sub-section (1) of section 8 occurring after theexpiry of the period of the certificate

11. Revocation of certificate or provisional order

The Chief Inspector may at any time withdraw or revoke any certificate or provisional order on thereport of an Inspector or otherwise—

(a) if there is reason to believe that the certificate or provisional order has been fraudulentlyobtained or has been granted erroneously or without sufficient examination, or

I Ins. by Act 49 of 2007. S 9(c) and SI. No corrected by corngendum for %Sr.2 The words or Sub . ftedlOo (5) of section W omitted by Act 49 of 2007, S. 10. war 27.6.2008

542 Indian Boiler Regulations

if the boiler in respect of which it has been granted has sustained injury or has ceased to be ingood condition, or

where the '(Central Government] has made rules requiring that boilers shall be in charge ofpersons holding icertificates of proficiency Or competency), if the boiler is in charge of a personnot holding the certificate required by such rules or

12. Alterations and renewals of boilers

No structural alteration. addition or renewal shalt be made in or to any boiler registered under thisAct unless such alteration, addition or renewal has been sanctioned in writing by the Chief Inspector.

'provided that no such sanction is required where the structural alteration. addition orrenewal is made under the supervision of a Competent Person I

113. Alteration or renewal of boiler component

Before the owner of any boiler registered under this Act makes any structural alteration. additionor renewal in or to any boiler component attached to the boiler, he shall transmit to the ChiefInspector a report in writing of his intention and send therewith such particulars of proposedalteration addition or renewal as may be prescribed by regulations.

Any structural alteration. addition or renewal referred to in sub-section (1) shall be made by aperson possessing a Boiler Repairer certificate under the supervision of the Competent Person.)

14. Duty of owner at examination

(1) On any date fixed under this Act for the examination of a boiler. the owner thereof shall bebound—

to afford to the 1Competent Person) all reasonable facilities for the examination and assuch informationes may reasonably be required of him.

to have the boiler properly prepared and ready for examination in the [mannerprescribed by regulations]: and

(c) in the case of an application for the registration of a boiler. to provide such drawings.specifications. certificates and other particulars as may Ilse prescnbed by regulations]

I Subs by Ad 49 at 2007. S 11(a). for 'State Government2. Subs by Ad 18 011960. S 9. for "certificates of competency. wet 6 6.19601 Clause (07 and the proviso omitted by Act 49 of 2007. S 11(b) Cleat, (0) and the [Drama, below ormsson, stood as

;ostler1d) where no such rules have been mado. if thu bou gh is In charge of n person who is not, having milord 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 ce rtificate or provisional order or the ground specs see

(SOUS* (d). he abet communicate to the owner of Me boiler his reasons in writing for the withdrawal or revocation and thoottfer that not take effect untu the crony or Marty Gays from the receipt of stkil commisticatmor. •

I Ina by At 49 012007. S 125. Subs by Act 49 of 2007 S 13 for section 13 Staid, 13 be core santituton stood as under

•1 3 Moreton; end renewals to steamippes —Before the owner of any boter regotered ,,nder that Ad makes anystructural alteration addition or renewal in or to any steam-pipe attached to the boiler. he she transmit to the ChiefInspeCor a report in wrung of his intention and shall send therewith such particulars of the purposed alteration addition orrenewal as may be proscribed?.

a Subs by At/ 49 of 2007. S 1446(0. for 'InspectorSubs by Act 49 of 2007. S 14(a)(II). kr *prescribed manner.Subs by Act 49 o12007, S 14(a)(iii). for 'be PreSOubee

Indian Boiler Regulations 543

(2) If the owner fails without reasonable cause to comply with the provisions of sub-section (1). the[Competent Person) shall refuse to make tne examination and shall report the case to the ChiefInspector who shall unless sufficterrt cause to the contrary is shown. require the owner to file afresh application under section 7 or section 8, as the case may be. and may forbid him to use

the boiler notwithstanding anything contained in section 10

Production of certificates, etc

The owner of any boiler who holds a certificate or provisional order relating thereto shall at allreasonable times during the period for which the certificate or order Is in force be bound to produce thesame when called upon to do so by a District Magistrate. Commissioner of Police or Magistrate of thefirst class having iunsdiction in the area in which the boiler is for the time being or by the Chiefinspector or by an Inspector or by any Inspector appointed under : [the Factories Act. 1948 (63 of1948)1, or by any pe rson specially authorised in wnting by a District Magistrate or Commissioner ofPolice.

Transfer of certificates. etc.

If any person becomes the owner of a bo ler during the period for which a certificate or provisionalorder relating thereto is in force the preceding owner shall be bound to make over to him the Certificate0' prov S onal crow

Power of entry

An Inspector may, for the purpose of inspecting or examining a boiler or any steam-pipe attachedthereto or of seeing that any provision of this Act or of any regulation or rule made hereunder has beenor is being observed, at all reasonable times enter any place or building within the limits of the area forwhich he has been appointed in which he has reason to believe that a boiler is in use

Report of accidents

If any accident occurs to a boiler or '[boiler component) the owner or person in charge thereofshall within twenty-four hours of the accident, report the same in writing to the Inspector. Everysuch report shall contain a true description of the nature of the accident and of the injury. if any,caused thereby to the boiler or to the )(boiler component] or to any person, and shall be Insufficient detail to enable the Inspector to Judge of the gravity of the accident

Every per-,n shall be bound to answer truly to the best of his knowledge and ability everyquestion . to him in writing by the Inspector as to the cause. natu re or extent of the accident

'[(3) Without or liudias to the provisions of sub-section (1), where any death has resu5ed due to anyaccident an inquiry may be conducted by such person and in such manner as may beprescribed by the Central Government ]

19. Appeals to Chief Inspector

'UM Any person considering himself aggrieved by.—

(a) an order made or purporting to be made by an Inspector in the exertse of any powerconferred by or under this Act. or

I. Subs. by Act 49 of 2007. S 14(b), for 'Inspector'2 Subs. by Act 49 of 2007. S 15, for 'the Indian Far:lofts Ad, 1911 (12 of 1911), wet 27.5 2008.1 Subs by Act 49 of 2007. S. 16(a). for 4steumpro.' w I. 27 5 20084 Ins by An 49 of 2007. S 16(b)

Section 19 renumbered as sub-section (11 by Act 49 of 2007, S 17, se el 271.2006.

544 Indian Boiler Regulations

(b) a refusal of an Inspector to make any order or to issue any certificate which he isrequired 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

1(2) Every appeal under sub-section (1) shall be made in such manner as may be prescnbed by theState Government

(3) The procedure for disposing of an appeal shall be such as may be prescribed by the StateGovernment ]

20. Appeals to appellate authority

'[(1)) Any person considering himself aggrieved by an original or appellate order of the ChiefInspector—

refusing to register a boiler or to grant or renew a certificate in respect of a baler. or

refusing to grant a certificate having validity for the full period applied for. or

(e) refusing to grant a certificate authorising the use of a boiler at the maximum pressuredesired. or

withdrawing or revoking a certificate or provisional order. or

reducing the amount of pressure specified in any certificate or the period for which suchcertificate has been granted, or

(f) ordering any structural alteration. addition or renewal to be made in or to a boiler orsteam-pipe. or refusing sanction to the making of any structural alteration. addition orrenewal in or to a boiler.

may within thirty days of the communication to him of such order. '(prefer an ap pea l to theCentral Government]

1(2) Any person considenng himself aggrieved by the refusal of an Inspecting Authority to grant acertificate of inspection of manufacture or erection. as the case may be. may within thirty dayshorn the date of communication of such refusal. prefer an appeal to the Central Government

Every appeal under sub-section (1) shall be made in such manner as may be prescribed by theCentral Government

the procedure for disposing of an appeal shall be such as may be prescribed by the CentralGovernment

'(20A. Power of Central Government to revise order of appellate authority

(1) Any person cons riving himself aggrieved by an o rder of the appellate authority refusing undersection 20 to interfere with an order not to register a boiler or not to grant or renew a certificatein respect thereof on the ground that tne boiler does not conform to the regulations made under

I Ins by Ad 49 of 2037. S. 17, w.e.f. 27.62038� Section 20 renumbered as sub-Section (1) thereof by Ad 49 of 1007. S 183 Subs by Act 40 of 2007. S. 18(0), for 'lodge with the Chief invader an appeal to an appe l late authority to bo constituted

by IN/ Slate Government under this Ad'4. SOAK. (2) to (4) ins by Act 49 of 200/ S 18(D)5 Ins by Act 1 8011960. S 10 (wet 6 . 5 1900)

Indian Boiler Regulations 545

this Act may. within two months of the communication to him of such order make an applicationto the Central Government for a revision of that order on the ground that such boilers are in usein other countries.

(2) Upon the receipt of such an application the Central Government may. after calling for relevantrecords and other information from the appel'ate authority and considering the observations, ifany of that authority on the application and after obtaining such technical advice as the CentralGovernment may consider necessary pass such order in relation to the application as theCentral Government thinks fit and. whew the revision is allowed. the order shall specify theterms and conditions on which any variations from the regulations made under this Act are to bedealt with during the examination of the boiler]

'[21. Finality of orders

:(An order o' the Central Government under sections 20 and 20A). or of the Chief Inspector. or of aDeputy Chief Inspector. or of an Inspector, shall be final and shall not be called in question in anycourt)

22. Minor penalties

Any owne • af a sc..er who refuses or without reasonable excuse neglects-

to surrender a provisional order as required by section 9 or

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 bySOCSOn 15,

shall be punished with fine whth may extend to '(fve thousand rupees).

23. Penalties for illegal use of boiler

Any owner of a boler who in any case in which a certificate or provisional order is required for theuse of the Coder under this Act uses the boiler either without any such certificate or order being in forceor at a higher oressure than that allowed thereby shall be punishable with fine which may extend to4[One Wkh rupees). and in the case of a continuing offence with an adchtiona/ fine which may extend togone thousand rupees) for each day after the first day in regard to which he is convicted of havingpersisted in the offence

24. Other penalties

Any pewon who—

(a) uses or permits to be used a boiler of which he is the owner a n d which has been transferredfrom one '[State) to another without such transfer having been reported as required by section13. or

I. Subs by Act 18 o11960. sec, 1 i foe section 21 (w.• f 6 5 1963:i2 Subs by Ad 49 of 2007. S. ID for An crow of the Central Go2erveme4 under section 20A and save as esiienense

peov)044 n sections 19 20 and 20A an weer of an appellate authenty.3. Subs by Act 49 of 21202. S 20 for 'one hundred hens . w e! 27.5 20084 Subs. by All 49 of 2007. S. 21(a). lot lye hundred rupees'. w e 127.5 20ofi

Subs. by Act 49 of 2007. S. 21(0), ler -one hundred rupees'. w.e.f. 27.5 2008Subs by the A 0 1950. for -Province'

546 Indian Boiler Regulations

being the owner of a boiler fails to cause the register number allotted to the boiler under this Actto be marked on the boiler as required by sub-section (6) of section 7. or

makes any structural alteration. addition or renewal in or to a boiler without first obtaining tiesanction of the Chef Inspector when so required by section 12. or to a steam-pipe without firstinforming the Chief Inspector, when so required by section 13. or

fails to report an accident to a boiler or steam-pipe when so required by section 18. or

tempers with a safety valve of a boiler so as to render it inoperative at the maximum pressure atwhich the use of the boter is authonsed under this Act. re()

1 [(f) allows another person to go inside a boiler without effectively disconnecting the same in theprescribed manner from any steam or hot water connection with any other boiler or from fuelmains,)

shall be l ipunishable with imprisonment which may extend to two years or with fine which mayextend to one lakh ru pees. or with both)

25. Penalty for tampering with register mark

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 repealedhereby, shall be punishable with fine which may extend to lone lakh rupees)

Whoever fraudulently marks upon a boiler a register number which nas not been allotted to Iunder this Act or any Act repealed hereby. shall be punishable with imprisonment which may

extend to two years, Or with '[which may extend to one lakh rupees. 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 exceptwithin '{twenty-four months] from the date of the commission of the offence and no such prosecutionshall be instituted without the previous sanction of the Chef 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

I ins by Act 18 of 1960, S. 12(a) (w.e.f. 0.5.1980)2. Ins. by Act III 01 1060. S. 12(b) (w 6.5.1960)3 Subs by Ad 49 of 2007, S. 22. for -punishable with fine which may extend to five hundred rupees .e.f. 27.5.2008.4 Subs by Act 49 of 2007. S. 23(a) for 'five hundred rupees". we I 27 5 2008.5 Subs by Ad 40 of 2007. S. 23(b). for 'fine or vnth both w e f 27 5.2008h Subs by Act 18 of 1900. S. 13. for 'six months (w e f 6.5. 1950)

laden Boiler Hegulations 547

Central Boilers Board

(1) A Board to be called the Central Boilers Board shall be constituted to exercise the powers

conferred by section 28.

1(2) The Board snal consist of Me following members. namely -

the Secretary to the Government of India incharge of the Department of the CentralGovernment having administrative control of the Board who shall be the Chairperson exofficio

a senor technical officer conversant with the inspection and examination of boilers to benominated 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 —

(q Central Government

(a) the Bureau of Indian Standards

boiler and boiler component manufactures.

National laboratories.

engineering consultancy agencies.

users of boilers and

(vii) such other interests which in the opinion of the Central Government ought to berepresented on the Board

to be nominated by the Central Government

(d) Technical Adviser. Member-Secretary ex officio.)

3[(3) The term of office of the members nominated under clauses (b) and (C) of sub-section (2) shallbe such as may be prescribed by the Central Government j

'[(4) The Board shall have full power to regulate by means of bye-laws or otherwise its ownprocedure and the conduct of all businesses to be transacted by it. the constitution ofcommittees and sub-committees of members and the delegation to them of any of the powersand duties of the Board]

(5) The powers of the Board may be exercised notwithstanding any vacancy in the Board.)

I Ins by Act 11 of 1937, S 4.2. Subs by Act 49 of 2007. S 24. for

/(2) The Board shoe consist of the Icacasing as. Mr.', —Sutd, MAMMY 04 mentors, including me Chairmen, not exceeding fifteen. as the Central Government maynominate in the crescnbed manner to represent that Government. the Union temtnnes. the ra Mays. the coalIndustry, the Indian Standards institution. the boiler manufacturing industry, the users of boilers and, any otherinterests which in the opinion of the Central Government. ought to be represented on the Board.• senor technics! officer conversant we the inspect/Co and exaneabon of boilers to be nominated by theGovernment of each State (erste a Unen Swim)", w e f 27 5 7008

3. Subs by Act 49 of 2C07. S 24. for'1(3) Any vacancy octumng in the Board shall be filled as soon as may be by a nomination made by the authority by

whom the member awaiting office was nominated'. w.e.f. 27 5.2008.4. Subs by Act 18 of 1980. S. 14(c). for subsection (4) (w • I 8.5 Iwo)

548

Indian Rosier Regulations

28. Power to make regulations

I r(1)1 The -18ord] may. by notification in the Gazette of India, make regulations consistent with thisAct for all or any of the following purposes, 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 ofenabling the registration and certification of boilers. boiler components. boiler mountingsand fittings under this Act.]

1 1(aa) for prescribing the circumstances in which, the extent to which, and the conditionssubject to which variation from the standard conditions laid down under clause (a) maybe permitted]

(b) for prescribing the method of determining the maximum pressure at which a boiler maybe used.

(C) for regulating the registration of boilers. prescribing the foes payable therefor '(and forthe inspection and examination of boilers or parts thereof), the drawings, specificationscertificates and particulars to be produced by the owner, the method of preparing aboiler for examination, the form of the Inspector's report thereon the method of markingthe register number. and the penod wthin which such number is to be marked on thebar

for regulating the inspection and examination of boilers and `(boiler components, boilermountings and fittings). and prescribing forms of certificates therefor:

for ensuring the safety of persons working inside a boiler, and

1(ea) for prescribing the qualifications and experience subject to which the InspectingAuthorities, Competent Authorities and Competent Persons shall be recognised underthis Act,

(eb) the conditions subject to which and the manner in which manufacturer of boilercomponents or material may be recognised.

(ec) facilities for design and construction which are required to be provided in the premises inwhich the manufacturing of any boiler or boiler component is earned out

(ed) fee for the purposes of inspection or grant of recognition or any certificate under this Act.

(et) 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 alongwith the application for registration of boilers or renewalof a certificate authorising the use of boilers.

(61) the manner of inspection of boilers.

(6j) the period for which a certificate authorising the use of a boiler may be renewed,

I. Section 28 renumbered as sub-section (I) thereof by Act 40 of 1986. S 2 and Sdi (w • I 15 5 1986)2 Subs by Act 11 of 1937. S 5 fOr toveenor . General in Council-3 Subs by Act 4.9 of $ 250) fa

.(S) 10f laying down the standard conditions in respect of matenni design and construction which shall be required for thepurpose of enabling registration end certification of a boiler undo( lets Act:. w e 1 27 5 2008

4 Ins by Act 11 of 1937. S. 55. Ins by Acl 18 of 1960. S 15 (w e.1. 6 5 1960)6 Subs by Act 49 of 2007. S 25(h), for "steam w s f 27 5 2006'. CI (es) to (ep; ins by Act 49 of 2007 S 25(u). w.e.f. 27.5.2008 Note: After clause (Id)i nstead 01 00. ler) ra Published

ft Gazette

lndien Boiler Regulations 549

(ek) the conditions subject to which and the form in which Competent Person shall renew acertificate authorising the use of boilers:

(el) Me man ne r and the form in which a Repairers certificate shall be issued

(em) the manner in which the boiler shall be prepared for examination.

(en) drawings specification, documents and other particulars which owner of a boiler isrequired to make available to the Competent Person:

(eo) the manner in which a person may be authorised to conduct energy audit and themanner in which such audit shall be conducted:

(ep) the manner in which disputes between the Stales with respect to registration of boilersshall be resolved.]

(f) for providing for any other matter which is not. in the opinion of the '(Board). a matter ofmerely local or State importance

j(2) Every regulation made under this Act shall be laid. as soon as may be after it is made, beforeeach House of Parliament, while it is in session, for a total period of thirty days which may becomprised in one session or in two or more successive sessions. and if. before the expiry of thesession immediately following the session or the successive sessions aforesaid both Housesagree in making any modification in the regulation or both Houses agree that the regulationshould not be made. the regulation shall thereafter have effect only in such modified form or beof no effect as the case may be, so however. that any such modification or annulment shall bewithout prejudice to the validity of anything previously done under that regulation I

'(28A. Power of Central Government to make rules

1(1) The Central Government may. by notification in the Official Gazette. make rules to carry out theprovisions of this Act

(1A) In particular and without prejudice to the generality of the foregoing power, such rules mayprovide for all or any of the following matters. namely:—

In procedure to be followed in making applications under section 20A and the feespayable in respect of such application:

the qualifications and experience of persons to be appointed as Chief Inspectors. DeputyChief Inspectors and Inspectors.

(c) the manner in which appeals may be preferred to the Board. the fees payable in respectof appeals and the procedure to be followed of disposing such appeals

(0) the term of office of the members and the manner in which they shall be nominatedunder clauses (b) and (c) of subsection (2) of section 27A,

(e) the qualifications and experience of the Technical Adviser.

Suos by Act 11 of 1937 S 5. lot tovernbrGeneral rn Count(2. Ins by Ado of 1956. S 2 and Sch (we 15.5 1990)1 ins by Act 18 of 1960. S le (w.9.1 5 5 IWO)I Subs. by Act 490( 2007 S 76. tot

'(I) The Central Government may. by notification in the Official Gazelle make rules to provide for —the procedure to be to/lowed in making applications under section 20A and the fees payao)o in aspect of suchapplications. andany matter relating to Me nomination of members under clause (n) of sub-section (2) of section 27A.. w.e.t.

27.5 2008

550 Indian Bader Regulations

for requiring boilers to be under the charge of persons holding certificate of proficiency ofcompetency and for prescnbing the conditions on which such certificate may be granted:

the manner in which and the person who shall conduct inquiry into the accident.]

(2) Every rule made under sub-section (1) shall be laid as soon as may be after it is made beforeeach House of Parliament while it is M session for a total period of thirty days which may becompnsed in one session or I ( in two or more successive sessions and it, before the expiry ofthe session immediately following the session or the successive sessions aforesaid]. bothHouses agree In making any modification in the rule or both Houses agree that the rule shouldnot be made, the rule shall thereafter have effect only in such modified form or be of no effectas the case may be. so however. that any such modification or annulment shall be withoutprejudice to the yalichty of anything previously done under that regulation )

29. Power to make rules

:R1)1 The State Government may, by notification in the Official Gazette, make rules consistent withthis Act and the regulations made thereunder for all or any of the following purposes. namely.—

'((a) the powers and duties of the Chief Inspector. Deputy Chief Inspectors and Inspectors:]

for regulating the transfer of boilers,

for providing for the registration and certification of boilers in accordance with theregulations made under this Act.

(e) for prescnbing the times within which Inspectors shall be required to examine boilerunder section 7 or section 8

l(f) fee payable for registration of bollert)

(g) for regulating inquiries into accidents:

1(h) the manner in which appeals shall be preferred to the Chief Inspector and the procedureto be followed for hearing such appeals.)

0) for determining the mode of disposal of fees costs and penalties levied under this Act.and

I. Sus by Act s of 1988. S 2 and Sch for censin Adds (w e 15 5 1986)See on 29 renumbered as sub-section t 1 f thereof by Act 4 of 1986 S. 2 and SO (we f 15.5 1986)Subs by Act 49 of 2007. S. 270). for

'(a) txoscnbng the oueldeations and duties of the Chet Inspectui. of Deputy Chief Inspectors end of Inspectors 101prescribing or constituting authorities to which they shall respectively be forbore:mate, and the limits of the administrativecontrol to be exorcised by such authorities.'

4 Clause *(d) for requiring boners to be in chaige of persons holding certificates of ixoficancy or competency. and forpresenting the conditions on which such certificates may be g ranted.' omitted by Act 49 of 2007. S 27(4). w.e.f. 27.5.2008.

s, Subs by Act 49 of 2037. S 2700. toI0( presenting me fees pasta, foe use issue of renewed aortikates. for the .nspecton and examinabee of boilers or

pasts thereof a drawings for steam-pipos, for the resting of welders a for any otter matter which, tn the opinco of theState Government, *cold involve tine and labour arid pitscnbril the method of determining the amount of such fees ineach case' we f 27 5 2008.

6 Subs by Act 49 of 2007.5 27(1v). for'(h) for constituting the appellate authviity referred to an section 20. and Ill determining its powers And procedure:. wet

27.5.2008

Indian Boiler Regulations 551

11"*1

tal

'1(2) Every rule made by the State Government under this Act shall be laid, as soon as may be afterit is made. before the State Legislature.]

Penalty for breach of rules

Any regulation or rule made under section 28 or section 29 ']may direct that a person contraveningsuch regulation or rule shall be punishable, in the case of a first offence. with fine which may extend tolone thousand rupees]. and in the case of any subsequent offence, with fine which may extend to lonelakh rupees])

Publication of regulations and rules

(1) The power to make regulations and rules conferred by sections 28 and 29 shall be subject tothe 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 OfficialGazette. respectively. and. on such publication shall have effect as if enacted in this Act

b [31A. Power of Central Government to give directions

The Central Government may give such directions as it may deem necessary to a StateGovernment regarding the carrying into execution of the provisions to this Act. and the StateGovernment shat' comply with such directions ]

Recovery of fees etc.

All fees, costs and penalties levied under this Act shall be recoverable as arrears of land-revenue

Applicability to the Government

Save as otherwise expressly provided this Act shall apply to boilers and '[boiler components)belonging to Government.

34. Exemptions

L IM The State Government may. by notification in the Official Gazette, exempt from theoperation of this Act. subject to such conditions and restrictions as it thinks fit, anyboilers or classes or types of boilers used exclusively for the heating of buildings or thesupply of hot water.]

I. Clause -81 general/sr to provide for any matter which is. in the opindon of the State Government, a matter of merely localimportance in the State' omdted by Act 49 of 2007. S. 27(v). wet 27 5.2008

2. Proviso omitted by the A.O. 19371. Ins by Act 4 of 1986, S 2 and Sch (w e f 15 5 1986).

Subs by Act 18 of 1960. S. 18. for certain words (w.e.f. 6 5 1960)Subs by Act 49 of 2007. S. 28(a). for *one hundred rupees'. w.e.f. 27.5.2008.

r). Subs by Ad 49 of 2007, S 28(b). for "one thousand rupees'. w e f 27 5 2C08.7. Subsection (2) stands unmodified by the A.O. 1837S. Ins by Act 18 of 1960, S. 19 (w.o f. 8.5.1980).9 Subs by Act 49 of 2007, S. 29. for "steam-pmes-, w.o I. 27.5 20081(i. Ins. by Act 9 of 1929. S. 3.

552 Indian Roder Regulations

1 1[(2)) In case of any emergency, the State Government may by general or special order inwnting exempt any boilers or steam-pipes or any class of boilers or steam-pipes or anyboiler or steam-pipe from the operation of all or any of the provisions of this Act

1(3) If the State Government is satisfied that having regard to the material design orconstruction of boilers and to the need for the rapid industrialisation of the country. rtnecessary so to do, It may. by notification in the Official Gazette and subject to suchconditions as may be prescribed by regulations exempt any boiler or boiler componentsin the whole or any part of the State from the operation of all or any of the provisions ofthis Act I

35. Repeal of enactments

(Rop by the Repealing Act, 1927 (12 of 1927), sew. 2 and Sch.]

THE SCHEDULE

Enactments repealed

(Rep by the Repealing Act, 1927 (12 of 1927). sec 2 and Sch]

1. Section 34 re-numbered as subsection (2) of that section by Abl U of 1929. S 3S.C. by Act 18 of 1960. S 20.10r subsection (2) (v.e.f. 6.5 1960)Sues by Act 49 of 2007. $ 30 for

-(3) If the State Government is wand that having fecund to the 'nom& design or cons/macro of bars and to theneed fot the rapd Industraloatson of the country d ts necessary so to do. If may by notrfreatron in the Carnal Gazette andsubpd to such ofentons end restnctons as may be speofee n the notification exclude any spoofed clan of bones cCStearn peas El the emcee or any part of the Stale. from the operation Of NI or any of the pews-ens of en Ad