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. Short title, extent and commencement. -(1) This Act may be
called the Indian Boilers Act, 1923.
1*[(2) It extends to the whole of India 2*[except the State of
Jammu and Kashmir].]
(3) It shall come into force on such date 3* as the Central
Government may, by notification in the Official Gazette, appoint.
2. Definitions.
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;
4*[(aa) "Board" means the Central Boilers Board constituted
under section 27A;]
(b) "boiler" means any closed vessel exceeding 5*[2275
litres] in capacity which is used expressly for
generating steam under pressure 6*** and includes any
mounting or other fitting attached to such vessel,
which is wholly or partly under pressure when steam is
shut off;
7*[(c) "Chief Inspector", "Deputy Chief Inspector" and
"Inspector" mean, respectively, a person appointed to
be a Chief Inspector, a Deputy Chief Inspector and an
Inspector under this Act;]
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Extended to Laccadive, Minicoy and Amindivi Islands (w.e.f. 1-10-
1967): vide Reg. 8 of 1965, s. 3 & Sch.
* Extended to Goa, Daman and Diu with modifications, by Reg. 12 of
1962, s. 3 & Sch.
Extended to and brought into force in Dadra and Nagar Haveli (w.e.f.
1.7.65) by Reg. 6 of 1963, s. 2 & Sch. I.
Extended to the Union territory of Pondicherry by Act 26 of 1968, S. 3
and Schedule.
1. Subs. by the A.O. 1950 for the former sub-section (2).
2. Subs. by Act 3 of 1951 s. 3 & sch. for "except Part B States".
3. 1st January, 1924, see Notification No. A-61, dated the
4th December, 1923, Gazette of India, 1923, Pt. I, p. 1695.
4. Ins. by Act 11 of 1937, s. 3.
5. Subs. by Act 18 of 1960, s. 2, for "five gallons".
6. The words "for use outside such vessel" omitted by Act 9 of 1929,
s. 2.
7. Subs. by Act 18 of 1960, s. 2, for cl. (c).
1*[(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 2*[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;
3*[(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 millimetres 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.
4*[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-pipes shall be deemed to include also a
reference to a feed-pipe or feed-pipes, respectively.]
2B.
Application of Act to economisers.
5*[2B. Application of Act to economisers. Every reference in this
Act to a boiler or boilers (except in clause (ccc) of section 2 6***
7***) shall be deemed to include also a reference to an economisers,
respectively.]
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1. Subs. by Act 34 of 1947, s. 2, for the former cl. (cc).
2. Ins. by Act 40 of 1949, s. 3 and Sch. II.
3. Subs. by Act 18 of 1960, s. 2, for cl. (f).
4. Ins. by Act 17 of 1943, s. 3.
5. Ins. by Act 34 of 1947, s. 3.
6. The words "clause (e) of section 6, clause (c) and (d) of section
11, clause (d) of section 29" omitted by Act 25 of 1952, s. 2.
7. The words and figures "and section 34" omitted by Act 18 of 1960,
s. 3.
5
3.
Limitation of application.
3. Limitation of application. (1) Nothing in this Act shall apply
in the case of any boiler or steam-pipe--
(a) in any steam-ship as defined in section 3 of the
1*[Indian Steam-ships 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
2*[(b) belonging to, or under the control of, the Army, Navy
or Air Force; or]
3*[(c) appertaining to a sterilizer or disinfector of a type
such as is commonly used in hospitals, if the boiler
does not exceed 4*[ninety-one litres] in capacity.]
(2) The Central Government may, by notification 5* in the
Official Gazette, declare that the provisions of this Act shall not
apply in the case of boilers or steam-pipes, or of any specified class
of boilers or steam-pipes, belonging to or under the control of any
railways administered 6*[by the 7*[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).
8* * * * *
4.
Power to limit extent.
4. Power to limit extent. The State Government may, by
notification in the Official Gazette, exclude 9* any specified area
from the operation of all or any specified provisions of this Act.
5.
Chief Inspector, Deputy Chief Inspectors and Inspectors.
10*[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.
----------------------------------------------------------------------
1. See now the Indian Merchant Shipping Act, 1923 (21 of 1923), s. 2.
2. Subs. by Act 38 of 1951, s. 2. for the former cl.
3. Added by Act 5 of 1942, s. 2.
4. Subs. by Act 18 of 1960, s. 4, for "twenty gallons".
5. For such notification, see Gazette of India, 1952, Pt. II, Sec.
3, p. 1067.
6. Subs. by the A.O. 1937, for "by the Government".
7. Subs. by the A.O. 1948, for "Federal Railway Authority".
8. Certain words rep. by the A.O. 1948.
9. The Andaman and Nicobar Islands have been excluded from the
operation of the provisions of this Act. See Notification No. G(B)
-10, dated the 21st June, 1924, Gazette of India, 1924, Pt. I, p.
585.
10. Subs. by Act 18 of 1960, s. 5, for s. 5.
6
(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
this 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 Inspectors 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 this Act 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 or uncertificated boiler.
6. Prohibition of use of unregistered or uncertificated boiler.
Save as otherwise expressly provided this 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 authorizing
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
1*[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 repealed
shall be deemed
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1 Subs. by Act 18 of 1960, s. 6, for "certificates of competency".
7
to have been registered or certified, as the case may
be, under this Act:
1* * * * *
7.
Registration.
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 the 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 of 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
authorizing the use 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:
2*[Provided that a certificate issued under this sub-section in
respect of an economiser 3*[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
authorize its use for a period not exceeding twenty-four months.]
----------------------------------------------------------------------
1. Proviso omitted by Act 34 of 1939, s. 3 and Sch. II.
2. Added by Act 34 of 1947, s. 4.
3. Ins. by Act 18 of 1960, s. 7.
8
(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.
8. Renewal of certificate. (1) A certificate authorizing 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 be boiler; or
(c) when the boiler is moved, the boiler not being a
vertical boiler the heating surface of which is less
than 1*[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:
2*[Provided that where the certificate relates to an economiser
3*[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
----------------------------------------------------------------------
1. Subs. by Act 18 of 1960, s. 8, for "two hundred square feet".
2. Added by Act 34 of 1947, s. 5.
3. Ins. by Act 18 of 1960, s. 8.
9
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:
1*[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 the 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-pipe or steam-pipes attached thereto are in good condition shall
issue a renewed certificate authorizing 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:
2*[Provided that a renewed certificate issued under this sub-
section in respect of an economiser 3*[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 authorize its use for a period not exceeding twenty-four
months.]
Provided 2*[further] that if the Inspector--
(a) proposes to issue any certificate--
(i) having validity for a less 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 to 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
----------------------------------------------------------------------
1. Subs. by Act 18 of 1960, s. 8, for the second proviso ins. by Act
34 of 1947, s. 5.
2. Added by Act 34 of 1947, s. 5.
3. Ins. by Act 18 of 1960, s. 8.
10
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 therefor at any
time during the currency of a certificate.
9.
Provisional orders.
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 is in accordance with
the regulations made under the 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.
10. Use of boiler pending grant of certificate. (1)
Notwithstanding anything hereinbefore 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 authorize the
use 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 the certificate.
11.
Revocation of certificate or provisional order.
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
11
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
1*[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.
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.
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.
14. Duty of owner at examination. (1) On nay 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
----------------------------------------------------------------------
1. Subs. by Act 18 of 1960, s. 9, for "certificates of competency".
12
(c) in the case of an application for the registration of a
boiler, to provide such drawings, specifications,
certificates and other particulars as may be
prescribed.
(2) If the owner fails, without reasonable cause, to comply with
the provisions of sub-section (1), 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 be, and may forbid him to use the boiler notwithstanding
anything contained in section 10.
15.
Production of certificates, etc.
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 an Inspector or by
any Inspector appointed under the 1*Indian Factories Act, 1911 (12 of
1911).or by any person specially authorized in writing by a District
Magistrate or Commissioner of Police.
16.
Transfer of certificates, etc.
16. Transfer of certificates, 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.
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.
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 the accident and of the injury, if any, caused thereby to
the boiler of to the steam-pipe or to any person, and shall be in
sufficient 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.
----------------------------------------------------------------------
1. See now the factories Act, 1948 (63 of 1948).
13
19.
Appeal to Chief Inspector.
19. Appeals to Chief Inspector. Any person 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.
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 authorizing 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 an appellate authority to
be constituted by the State Government under this Act.
20A.
Power of Central Government to revise order of appellate authority.
1*[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.
----------------------------------------------------------------------
1. Ins. by Act 18 of 1960, s. 10.
14
(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 the 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.
1*[21. Finality of orders. 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, 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.
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
(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.
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 use 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.
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
----------------------------------------------------------------------
1. Subs. by Act 18 of 1960, s. 11, for s. 21.
15
(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 authorized under this Act, 1*[or]
1*[(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.
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 boiler 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.
26. Limitation and previous sanction for prosecutions. No
prosecution for an offence made punishable by or under this Act shall
be instituted except within 2*[twenty-four months] from the date of
the commission of the offence, and no such prosecution shall be
instituted without the previous sanction of the Chief Inspector.
27.
Trial of offences.
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.
----------------------------------------------------------------------
1. Ins. by Act 18 of 1960, s. 12.
2. Subs. by s. 13, ibid., for "six months".
16
27A.
Central Boilers Board.
1*[27A. 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*[(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 occurring in the Board 3*** shall be filled as soon
as may be by a nomination made by the authority by whom the member
vacating office was nominated.
4*[(4) The Board shall have full power to regulate by means of
bye-laws or otherwise its 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 exercised notwithstanding any
vacancy in the Board.]
28.
Power to make regulations.
28. Power to make regulations. [(1)] 5* The 6*[Board] may, by
notification in the Gazette of India, make regulations 7* 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;
8*[(aa) for prescribing the circumstances in which, the
extent to which, and the conditions subject to which
variation
----------------------------------------------------------------------
1. Ins. by Act 11 of 1937, s. 4.
2. Subs. by Act 18 of 1960, s. 14, for sub-section (2).
3. The words, brackets, letter and figure, "otherwise than by the
expiry of the term of office of the member referred to in clause
(c) of sub-section (2)." omitted by s. 14, ibid.
4. Subs. by s. 14, ibid., for sub-section (4).
5. Renumbered by Act 4 of 1986, s. 27 sch. (w.e.f. 15-5-1986).
6. Subs. by Act 11 of 1937, s. 5, for "G. G. in C.".
7. For Indian Boiler Regulations, 1950, see gazette of India, 1950,
Extraordinary, Pt. II, Sec. 3. p. 607.
8. Ins. by Act 11 of 1937, s. 5
17
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 1*[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, 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 2*[Board], a matter of merely local or
State importance.
3*[(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.
4*[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 27A.
(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 3*[in two or more successive sessions, and if, before
the expiry of the session immediately following the session or thesuccessive 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 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 rule.]
----------------------------------------------------------------------
1. Ins. by Act 18 of 1960, s. 15.
2. Subs. by Act 11 of 1937, s. 5, for "G. G. in C.".
3. Ins. and subs. by Act 4 of 1986, s. 2 and sch. (w.e.f. 15-5-
1986).
4. Ins. by Act 18 of 1960, s. 16.
18
29.
Power to make rules.
29. 1*[(1)] Power to make rules. 1*[(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, 2*[of Deputy Chief Inspectors] and of
Inspectors, 3*** for prescribing or 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 in charge of persons
holding 4*[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;
5*[(f) for prescribing the fees payable for the issue of
renewed certificates, for the inspection and
examination of boilers or 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:
6* * * * *
1*[(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.]
----------------------------------------------------------------------
1. Renumbered and ins. by Act 4 of 1986, s. 2 & Sch. (w.e.f. 15-5
86).
2. Ins. by Act 18 of 1960, s. 17.
3. The words "for regulating their salary, allowances and conditions
service" rep. by the A. O. 1937.
4. Subs. by Act 18 of 1960, s. 17, for "certificates of competency".
5. Subs. by Act 18 of 1960 s. 17, ibid., for cl. (f).
6. The proviso rep. by the A. O. 1937.
18A
30.
Penalty for breach of rules.
30. Penalty for breach of rules. Any regulation or rule made
under section 28 or section 29 1*[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.
31. Publication of regulations and rules. (1) The power to make
regulations and rules conferred by sections 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 publication, shall have effect as if enacted in this Act.
31A.
Power of Central Government to give directions.
2*[31A. Power of Central Government to give directions. The
Central Government may give such directions as it may deem necessary
to a State Government regarding the carrying into execution of the
provisions of this Act, and the State Government shall comply with
such directions.]
32.
Recovery of fees, etc.
32. Recovery of fees, etc. All fees, costs and penalties levied
under this Act shall be recoverable as arrears of land revenue.
33.
Applicability to the Government.
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.
34. Exemptions. 3*[(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.]
4*[3*[(2)] Power to suspend in case of emergency. Power to
suspend in case of emergency. 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-pipe 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
----------------------------------------------------------------------
1. Subs. by Act 18 of 1960, s. 18, for "may provide that a
contravention thereof shall be punishable with fine which may
extend to one hundred rupees."
2. Ins. by s. 19, ibid.
3. The original s. 34 re-numbered as sub-section (2) of that
section, and sub-section (1) ins. by Act 9 of 1929, s. 3.
4. Subs. by Act 18 of 1960, s. 20, for sub-section (2).
18B
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.
35. [Repeal of enactments.]--Rep. by the Repealing Act, 1927 (12
of 1927), s. 2 and Sch.
SCHEDULE I
Enactments repealed
THE SCHEDULE. [Enactments repealed.] Rep. by the Repealing Act,
1927 (12 of 1927), s. 2 and Sch.
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