The Indian Boilers _Amendment _Act 2007-No4-2009

8/11/2019 The Indian Boilers _Amendment _Act 2007-No4-2009

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REGULATORY UPDATE -No. 4: 2009

FEBRUARY 2009 1

Background: The Indian Boilers Act 1923 (hereafterreferred to asthe Old Boilers Act)was enactedwith the objective to provide mainly for the safety of life and property of persons from the dangerof explosions of steam boilers and for achieving uniformity in registration and inspection duringoperation and maintenance of boilers in India. Under the Indian Boilers Act 1923, Indian BoilersRegulation 1950 has been framed. This Regulation deals with the materials, procedure &

inspection techniques to be adopted for the manufacture of boilers & boiler mountings & fittings.

Why the need for change was felt?The first call for changes to the Indian Boilers Act 1923 came in1974, when a High-Powered Committee1undertaking a comprehensive review of laws on boilersand unfired pressure vessels, noted that the Boiler Law had outlived its utility. The Old Boilers Actconfers wide-ranging powers on State Government appointed inspectors who monitor andrecommend repairs for boilers on an annual basis, during which the plant has to mandatorily shutdown2. The administration of the Old Boilers Actis carried by Inspectorate of Boilers of the Statesin their respective territories. The Committee had concluded that the states did not have adequatemachinery or manpower and technical expertise and that the interpretation of the Indian BoilersRegulationsand standards of inspection was also not uniform. The need for amending the Actassumed importance because India had a galloping industrial base and the development of

industries could not be retarded by an obsolete law. It was clarified that the 84-year old law,brought in by the British, was primarily enacted to ensure safety of boiler users since boilers wereonly imported into the country at that time. Another relevant observation was that the old lawcame at a time when riveting and not welding was the prevalent practice.

Why the process of change took so long? The Indian Boilers (Amendment) Bill, 2007(hereafter referredto as the Boilers Amendment Bill) was originally tabled in the Rajya3Sabha by the Narasimha Raoled Congress Government in the year 1994 and was eventually cleared in November 2007. Beingon the Concurrent List4of subjects as per the Constitution of India, the State Governments were

1The Government had set up a High Powered Committee in the year 1972 for a comprehensive review of laws on boilers and unfiredpressure vessels.2The New Boilers Act 2007 provides for that a boiler need not be stopped every year. This alone is likely to increase power plantsgeneration by 3.0-4.0%.3The Rajya Sabha(meaning the "Council of States") is the upper house of the Parliament of India and was set up on 3 rdApril 1952under Article 80 of the Indian Constitution. The number of Members in Rajya Sabha is limited to 250, 12 of whom are chosen by thePresident of India for their expertise in specific fields of art, literature, science, and social services. These members are known asNominated Members. The remainder of the body is elected by State and Territorial legislatures. By adopting the principle ofnomination in Rajya Sabha, the Constitution has ensured that the nation must also receive services of the most distinguished personsof the country who have earned distinction in their field of activity, many of whom may not like to face the rough and tumble of theelection.4The relation between Union and States is the very bedrock of the Indian Federal system. The division of the legislative powers (i.e.the power to make laws upon a specific subject) of the Union and the State can be traced to the distribution of the powers as stated bythe three lists laid down by the Indian Constitution i.e. the Union List, the State List and the Concurrent List. The Concurrent Listcontains 47 subjects on which both the Parliament and the state legislatures can make laws. It includes subjects like Economic andSocial Planning, Criminal and Civil procedure, marriage and divorce, education, Welfare and Labour and Contracts, trade unions,torts etc. However, in case of conflict between a law made by the central government and a law made by the state legislatures, the lawmade by the central government will prevail.

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consulted before the Boilers Amendment Billwas tabled in the Parliament. After changes mootedby the Parliamentary Standing Committee on Industry were incorporated and approved by theCabinet in 1995, the Bill perpetually remained in the list of pending business for no ostensiblereason. It was only in April 2007, that the current UPA Cabinet took up the matter again andreintroduced the amendments in Rajya Sabha. By this time, the State of Gujarat which had beenwaiting for the Central Law to change all these years, had given up and formulated its own law

on the subject and abolished Boiler Inspectors powers in February 2007. Although it waseventually cleared, the Boilers Amendments Billwas opposed by members of Parliament acrossparty lines, especially from states with high density of boiler manufacturing operations like theStates of Tamil Nadu, Maharashtra and Andhra Pradesh. The main concerns of the StateGovernments have been that: (i) The proposed amendments would take away their powers byappointing the consultants from the private sector who would be authorized to do inspections;and (ii) The States would also be deprived of revenues while the private sector would makemoney by way of huge inspection charges.

The Status of the Boilers (Amendment) Act 2007 as of now: The Indian Boilers (Amendment) Act 2007(hereafter referred to as the Boilers Amendment Act 2007), when notified, will modify the outdatedprovisions of the Old Boilers Act and will provide for the inspection of boilers during

manufacture/erection, operations and maintenance in line with the present technologicaldevelopments throughout the world. The amendments provide for allowing inspection of boilersby private parties. Also, it provides forAppointment of Technical Advisersand Registration ofCompetent Authoritiesto carry out inspection of boilers during their manufacture and use. It isexpected that this will help in creating competition for inspection of boilers during manufacture,erection and commissioning and delays shall be avoided which in turn will help in minimizingand preventing accidents and loss of human life from boiler related accidents. The Act wouldfacilitate formation of a Central Boilers Boardwhich would be the apex body for formulation ofRules and Guidelines for Regulation of Manufacture and Use of Boilers. It will bring inuniformity of standards of inspection and avoid the Inter-State disputes.

The Indian Boilers (Amendment) Act 2007 received the assent of the President on 12thDecember 2007

and was published for general information, on 13 thDecember 2007 by the Ministry of Law andJustice (Legislative Department). In was further specified in the Act [through Section 1(2)] thatdifferent provisions of the Act could be enforced from different dates, to be specified by theGovernment through specific Gazette Notifications.

Subsequently, the Central Government, through Notification# S.O. 1226(E) dated 27thMay 2008and in exercise of the powers conferred by Section 1of the Boilers Amendment Act 2007, hasenforced most of the provisions of the Boilers Amendment Act 2007.

In the following document, we have presented a comparison of The Indian Boilers Act 1923 vis--visThe Indian Boilers (Amendment) Act 2007.The portions of the Old Boilers Actwhich have beendeleted in the New Boilers Actare stroked through and the portions that have been added arehighlighted in Grey. The provisions which have come into force from 27thMay 2008 are

highlighted in Green and the amendments which have still not come into force are therefore leftin Grey. Also the portions which are both stroked through and in grey are proposed to be deletedas per the amendment but still have not come into force.

1. Short title, extent and commencement(1)

ThisActmay be called the Indian Boilers Act 1923 the Indian Boilers (Amendment) Act 2007(2)

It extends to the whole of India except the State of Jammu and Kashmir.


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(3)

It shall come into force on such date as the Central Government may, by notification in theOfficial Gazette, appoint; and different dates may be appointed for different provisions ofthis Act.

2. Definition: In thisAct, 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 toexplode;

(a) "accident" means an explosion of boiler, or boiler component, which is calculated toweaken the strength or an uncontrolled release of water or steam there from, 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 any closed vessel exceeding 22.75 litres in capacity which is used expresslyfor generating steam under pressure and includes any mounting or other fitting attachedto such vessel, which is wholly or partly under pressure when is shut off;

(b) "boiler" means a pressure vessel in which steam is generated for use external to itself by

application of heat which is wholly or partly under pressure when steam is shut off butdoes not include a pressure vessel,-(i) with capacity less than 25 litres (such capacity being measured from the feed check

valve to the main steam stop valve);(ii) with less than one kilogram per centimetre square design gauge pressure and working

gauge pressure; or(iii) in which water is heated below one hundred degrees centi-grade;

(ba) "boiler component" means steam piping, feed piping, economizer, superheater, anymounting or other fitting and any other external or internal part of a boiler which issubject to pressure exceeding one kilogram per centimetre square gauge;

(c) "Chief Inspector", "Deputy Chief Inspector", and "Inspector" mean, respectively, a personappointed to be a Chief Inspector, a Deputy Chief Inspector and an Inspector under thisAct;

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

(cb) "Competent Person" means a person recognized in such manner as may be prescribed byregulations for inspection and certification of boilers and boiler components duringmanufacture, erection and use. All Inspectors shall be ipso facto Competent Persons;

(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 pressurethrough which feed water passes directly to a boiler and which does not form an integralpart thereof;

(ccd) "Inspecting Authority" means an institution recognized 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;


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(cce) "manufacture" means manufacture, construction and fabrication of boiler or boilercomponent, or both;

(ccf) "manufacturer" means a person engaged in the manufacture;

(d) "owner" includes any person includes any person possessing or using a boiler as agent ofthe 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 thisAct;

(f) "steam-pipe" means any pipe through which steam passes from a boiler to a prime-moveror other user or both, if;

(i) the pressure at which steam passes through such pipe exceeds 3.5 kilograms persquare centimeters above atmospheric pressure; or

(ii) such pipe exceeds 254 millimeters in internal diameter; and includes in either case anyconnected fitting of a steam-pipe;

(f) "steam pipe" means any pipe through which steam passes if-

(i) the pressure at which steam passes through such pipe exceeds 3.5 kilogram per square

centimetres above atmospheric pressure, or(ii) such pipe exceeds 254 millimetres in internal diameter and the pressure of steam

exceeds 1 kilogram per square centimetres above the atmospheric pressure, andincludes in either case any connected fitting of a steam-pipe;

(g) "Structural alteration, addition of renewal" shall not be deemed to include any renewal orreplacement of a petty nature when the part or fitting used for replacement is not inferiorin strength, efficiency or otherwise to the replaced part or fitting.

(g) "structural alteration, addition or renewal" means,-

(i) any change in the design of a boiler or boiler component;(ii) replacement of any part of boiler or boiler component by a part which does not

conform to the same specification; or(iii) any addition to any part of a boiler or boiler component;

(h) "superheater" means any equipment which is partly or wholly exposed to flue gases forthe purpose of raising the temperature of steam beyond the saturation temperature at thatpressure and includes a re-heater;

(i) "Technical Adviser" means the Technical Adviser appointed under Sub-section (1)of Section4A.

2A. Application of Act to feed pipesEvery reference in this Act [except where the word "steam-pipe" is used in Clause (f)ofSection 2 to a steam-pipe or steam-pipes shall be deemed to include also a reference to a

feed-pipe or feed-pipes, respectively.

2B. Application of Act to economisersEvery reference in this Act to a boiler or boilers [except in Clause (ccc)of Section 2, shall bedeemed to include also a reference to an economizer or economizers, respectively.

3. Limitation of application(1) Nothing in thisActshall apply in the case of any boiler or steam-pipe(a) in any steam-pipe as defined in Section 3of the Indian Steam-ships Act 1884, or in any

steam-vessel as defined in Section 2of the Inland Steam-vessels Act 1917; or


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(b) belonging to, or under the control of, the Army, Navy or Air Force; or(c) appertaining to a sterilizer or disinfector of a type such as is commonly used in hospitals,

if the boiler does not exceed ninety-one litres in capacity.

(2) The Central Government may, by notification in the Official Gazette, declare that theprovisions of this Act shall not apply in the case of boilers or steam-pipes, or any specified

class of boilers or steam-pipes, belonging to or under the control of any railwayadministered by the Central Government or by any State Government or by any railwaycompany as defined in Clause (5)of Section 3of the Indian Railways Act 1890.

(1) Nothing in this Act shall apply to-(a) locomotive boilers belonging to or under the control of the railways;(b) any boiler or boiler component,-

(i) in any vessel propelled wholly or in part by the agency of steam;(ii) belonging to, or under the control of, the Army, Navy or Air Force; or(iii) appertaining to a sterilizer disinfector used in hospitals or nursing homes, if the boiler

does not exceed one hundred litres in capacity."

4. Power to limit extentThe Central Government may, by notification in the Official Gazette, exclude any specifiedarea from the operation of all or any specified provisions of this Act.

4A: Technical Adviser(1)

The Central Government shall appoint a Technical Adviser from amongst the personshaving such qualifications and experience as may be prescribed by Rules.

(2)

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

(3)

The Technical Adviser shall, in addition to exercising the powers and discharging thefunctions assigned to him under this Act or rules or regulations made thereunder,exercise such other powers and discharge such functions as the Central Governmentand the Board may delegate to him.

4B: Welders Certificate(1)

Any person who proposes to undertake any welding work connected with or relatedto a boiler, or a boiler component or both shall apply to a Competent Authorityfor issueof a Welders Certificate.

(2)

On receipt of an application under Sub-section (1),the Competent Authorityshall followsuch procedure for examination and grant of Welders Certificateas may be prescribedby regulations.

(3)

The Competent Authoritymay, if satisfied that the person applying for Welders Certificateunder Sub-section (2)has complied with the conditions precedent for issue of theWelders Certificate, issue such certificate, to such person subject to the payment of such

fee and such other conditions as may be prescribed by regulations:Provided that the Competent Authorityshall not refuse Welders Certificateto any personunless such person is given an opportunity of being heard


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4C: Conditions precedent for manufacture of boiler and boiler component

(1)

No person shall manufacture or cause to be manufactured any boiler or boilercomponent, or both unless-(a) he has provided in the premises or precincts wherein such boiler or boiler

component, or both are manufactured, such facilities for design and construction

as may be prescribed by regulations;(b) the design and drawings of the boiler and boiler component have been approved

by the Inspecting Authorityunder clause (a) of Sub-section (2)of Section 4D;(c) the materials, mounting and fittings used in the construction of such boiler or

boiler component, or both conform to the specifications prescribed by regulations;and

(d) the persons engaged for welding boiler or boiler component hold Welders Certificateissued by a Competent Authority.

4D: Inspection during manufacture(1)

Every manufacturer, before commencing manufacture of a boiler or boiler component,shall engage an Inspecting Authorityfor carrying out inspection at such stages ofmanufacture as may be prescribed by regulations.

(2)

The Inspecting Authorityengaged under Sub-section (1)shall follow such procedure forinspection and certification of boiler or boiler component as may be prescribed byregulations and after inspection, if it is-(a) satisfied that the boiler or the boiler component conforms to the standards

prescribed by regulations, it shall issue a certificate of inspection and stamp theboiler, or boiler component, or both; or

(b) of the opinion that the boiler, or boiler component, or both does not conform to thestandards prescribed by regulations, it may for reasons to be recorded in writingrefuse to issue such certificate:Provided that no certificate shall be refused unless the Inspecting Authorityhaddirected the manufacturer of the boiler or boiler component, or both in writing tocarry out such modifications or rectifications as it deems necessary and theInspecting Authorityis of the opinion that inspite of such direction the manufacturerof the boiler or boiler component, or both did not carry out the direction.

(3)

The Inspecting Authoritymay, for the purposes of inspection under this Section, chargesuch fee as may be prescribed by regulations.

4E: Inspection during erection(1) The owner who proposes to register a boiler under Section 7shall engage on Inspecting

Authorityfor carrying out inspection at the stage of erection of the boiler.(2) The Inspecting Authorityshall follow such procedure for inspection and certification of

a boiler or boiler component, or both as may be prescribed by regulations and afterinspection if it is-(a) satisfied that the erection of the boiler is in accordance with the regulations, it shall

issue a certificate of inspection in such form as may be prescribed by regulations;or

(b) of the opinion that the boiler has not been erected in accordance with theregulations, it may for reasons to be recorded in writing, refuse to grant thecertificate and shall communicate such refusal to the manufacturer of the boiler orboiler component forthwith:Provided that no such certificate shall be refused unless the Inspecting Authorityhad directed the owner in writing to carry out such modifications or rectifications


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as it deems necessary and the Inspecting Authorityis of the opinion that in spite ofsuch direction the owner did not carry out the direction.

(3) The Inspecting Authoritymay, for the purposes of inspection under this Section, chargesuch fee as may be prescribed by regulations.

4F: Conditions precedent for repairing boiler and boiler component:No person shall repairor cause to be repaired any boiler or boiler component or both, unless-

(a) he has provided in the premises or precincts, where in such boiler or boiler componentor both are being used, such facilities for repairs as may be prescribed by regulations;

(b) the design and drawings of the boiler or boiler component, as the case may be, and thematerials, mountings and fittings used in the repair of such boiler or boiler componentconform to the regulations;

(c) persons engaged in welding, holds a Welders Certificateissued by a CompetentAuthority;

(d) every user who does not have the in-house facilities for repair of boiler or boilercomponent shall engage a Boiler Repairer possessing a Boiler Repairer certificate forrepair of a boiler or boiler component or both, as the case may be;

(e) every user shall engage a Competent Personfor approval of repairs to be carried out in-house or by the repairers.

5. Chief Inspector, Deputy Chief Inspector and Inspector(1) The State Government may appoint such persons as it thinks fit to be Inspectors for the

State for the purposes of thisAct, and may define the local limits within which eachInspector shall exercise the powers and perform the duties conferred and imposed onInspectors by or under thisAct.

(2) The State Government may appoint such persons as it thinks fit to be Deputy ChiefInspectors for the State and may define the local limits within which each Deputy ChiefInspector shall exercise his powers and perform his duties under this Act.

(3) Every Deputy Chief Inspector may exercise the powers and perform the duties conferredand imposed on Inspectors by or under thisActand, in addition thereto, may exercisesuch powers or perform such duties conferred or imposed on the Chief Inspector by orunder thisAct, 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 orunder thisAct, exercise any power or perform any duty so conferred or imposed onDeputy Chief Inspectors or Inspectors.

(4A) No person shall be appointed as the Chief Inspector, Deputy Chief Inspector orInspector unless he possesses such qualifications and experience as may be prescribed bythe Central Government.

(5) Subject to the provisions of thisAct, the Deputy Chief Inspectors and Inspectors shallexercise the powers and perform the duties conferred and imposed on them by or underthisAct under the general superintendence and control of the Chief Inspector.

(6) The Chief Inspectors, Deputy Chief Inspectors and Inspectors may offer such advice asthey 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 bepublic servants within the meaning of Section 21of the Indian Penal Code(45 of 1860).

6. Prohibition of use of unregistered or uncertificated boiler:Save as otherwise expresslyprovided in thisAct, no owner of a boiler shall use the boiler or permit it to be used;


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(a) unless it has been registered in accordance with the provisions of thisAct;(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 thisAct;(d) at a pressure higher than the maximum pressure recorded in such certificate or

provisional order;(e) where the State Government Central Government has made rules requiring that boilers

shall be in charge of persons holding certificates of proficiency or competency, unless theboiler 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 Acthereby repealed shall be deemed to have been registered or certified, as the case may be,under thisAct.

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 may apply to the Inspector along with suchother documents as may be prescribed by regulations to have the boiler registered. Everysuch application shall be accompanied by prescribed fee.

(2) On receipt of an application under Sub-section (1)the Inspector shall fix a date, within 30days or such shorter period as may be prescribed from the date of the receipt, for theexamination of the boiler and shall give the owner thereof not less than 10 days notice ofthe date so fixed.

(3) On the said date the Inspector shall proceed to measure and examine the boiler and todetermine in the prescribed manner the maximum pressure, if any, at which such boilermay be used, and shall report the result of the examination to the Chief Inspector in theprescribed form.

(3) On the said date the Inspector shall inspect the boiler with a view to satisfying himself thatthe boiler has not suffered any damage during its transit from the place or manufacture tothe site of erection and forward a report of the inspection alongwith the documents to theChief Inspector within seven (7) days.

(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 maydeem 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 forthwithcommunicate his refusal to the owner of the boiler together with the reasons there for.

(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 notexceeding 12 months at a pressure not exceeding such maximum pressure as he thinks fitand as is in accordance with the regulations made under this Act:Provided that a certificate issued under this Sub-sectionin respect of an economizer or ofan unfired boiler which forms an integral part of a processing plant in which steam isgenerated solely by the use of oil, asphalt or bitumen as a heating medium may authorizeits use for a period not exceeding 24 months.

(6) The Inspector shall forthwith convey to the owner of the boiler the orders of the ChiefInspector and shall in accordance therewith issue to the owner any certificate of which theissue has been ordered, and, where the boiler has been registered, the owner shall within


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the prescribed period cause the register number to be permanently marked thereon in theprescribed manner.

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 the boiler; or(c) when the boiler is moved, the boiler not being a vertical boiler the heating surface of

which is less than 18.58 square metres, 20 square meter or a portable or vehicularboiler; or

(d) when any structural alteration, addition or renewal is made in or to the boiler; or(d) save as provided in Section 12, when any structural alteration, addition or renewal is

made in or to the boiler;(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 it or any boilercomponent 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 orderis 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 Inspectorfor a renewal thereof for such period not exceeding 12 months as he may specify in theapplication:

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

Provided that where the certificate relates to an economizer or an unfired boiler whichforms an integral part of a processing plant in which steam is generated solely by the useof oil, asphalt or bitumen as a heating medium, the application for its renewal may be fora period not exceeding 24 months.

(4) An application under Sub-section (3)shall be accompanied by the prescribed fee and, onreceipt thereof, the Inspector shall fix a date, within 30 days or such shorter period as maybe prescribed from the date of the receipt, for the examination of the boiler and shall givethe 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 anystructural alteration, addition or renewal, the Chief Inspector may dispense with thepayment of any fee:Provided further that in the case of an economizer or of an unfired boiler which forms anintegral 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

60 days from the date of receipt of the application and the owner shall be given not lessthan 30 days' notice of the date so fixed.(4) On receipt of an application under Sub-section (3), the Competent Personshall, within 15

days from the date of such receipt, inspect the boiler in such manner as may be prescribedby regulations

(5) On the said date the Inspector shall examine the boiler in the prescribed manner, and if heis satisfied that the boiler and the steam-pipe or steam-pipes attached thereto are in goodcondition shall issue a renewed certificate authorizing the use of the boiler for such periodnot exceeding 12 months and at a pressure not exceeding such maximum pressure as hethinks fit and as is in accordance with the regulations made under this Act:


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Provided that renewed certificate issued under this Sub-sectionin respect of an economizeror of an unfired boiler which forms an integral part of a processing plant in which steam isgenerated solely by the use of oil, asphalt or bitumen as heating medium may authorize itsuse for a period not exceeding 24 months:

Provided further that if the Inspector

(a) proposes to issue any certificate;(i) having validity for a less period than the period entered in the application, or(ii) increasing or reducing the maximum pressure at which the boiler may be used,or

(b) proposes to order any structural alteration, addition or renewal to be made in or tothe boiler or any steam-pipe attached thereto, or

(c) is of opinion that the boiler is not fit for use, the Inspector shall, within 48 hours ofmaking the examination, inform the owner of the boiler in writing of his opinion andthe reasons therefor, and shall forthwith report the case for orders to the ChiefInspector.

(5) If the Competent Personis;(a) satisfied that the boiler and the boiler components attached thereto are in good

condition he shall issue a certificate for such period as may be prescribed byregulations.

(b) of the opinion that the boiler or boiler component, or both does not conform to thestandards prescribed by regulations, it may, for reasons to be recorded in writing,refuse to issue such certificate:Provided that no certificate shall be refused unless the Inspecting Authorityhaddirected the owner of the boiler or the boiler component, or both in writing to carryout such modifications or rectifications as it deems necessary and the CompetentPersonis of the opinion that inspite of such direction the owner of the boiler or boilercomponent, or both did not carry out the direction:Provided further that the Competent Personshall, within 48 hours of making theexamination, inform the owner of the boiler or boiler component any defect in his

opinion and the reasons therefor and shall forthwith report the case to the ChiefInspector.(6) The Competent Personmay for the purpose of inspection under this Sectioncharge such fee

as may be prescribed by regulations.(6) The Chief Inspector, on receipt of a report under Sub-section (5), may, subject to the

provisions of thisActand of the regulations made hereunder, order the renewal of thecertificate in such terms and on such conditions, if any, as he thinks fit, or may refuse torenew 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.

(7) Nothing in this Section shall be deemed to prevent an owner of a boiler from applying for arenewed certificate therefor at any time during the currency of a certificate shall give the

owner thereof not less than 10 days notice of the date so fixed:Provided that, where the certificate has ceased to be in force owing to the making of anystructural alteration, addition or renewal, the Chief Inspector may dispense with thepayment of any fee:Provided further that in the case of an economizer or of an unfired boiler which forms anintegral 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 within60 days from the date of receipt of the application and the owner shall be given not lessthan 30 days notice of the date so fixed.


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9. Provisional ordersWhere the Inspector reports the case of any boiler to the Chief Inspector under Sub-section(3) of Section 7or Sub-section (5)of Section 8, he may, if the boiler is not a boiler the use ofwhich has been prohibited under Clause (f)of Sub-section (1)of Section 8, grant to theowner thereof a provisional order in writing permitting the boiler to be used at a pressurenot exceeding such maximum pressure as he thinks fit and as is in accordance with the

regulations made under thisActpending the receipt of the orders of the Chief Inspector.Such provisional order shall cease to be in force;(a) on the expiry of six (6) 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 8,32*and on so ceasing to be in force shall be surrendered to the Inspector.

10.Use of boiler pending grant of certificate(1) Notwithstanding anything herein- before contained, when the period of a certificate

relating to a boiler has expired, the owner shall, provided that he has applied before theexpiry of that period for a renewal of the certificate, be entitled to use the boiler at themaximum pressure entered in the former certificate pending the issue of orders on theapplication.

(2) Nothing in Sub-section (1)shall be deemed to authorize the use of a boiler in any of thecases referred to in Clauses (b), (c), (d), (e) and (f) of Sub-section (1)of Section 8occurringafter the expiry of the period of the certificate.

11.

Revocation of certificate or provisional order: The Chief Inspector may at any time withdraw orrevoke 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 fraudulentlyobtained or has been granted erroneously or without sufficient examination; or

(b) if the boiler in respect of which it has been granted has sustained injury or has ceased to bein good condition; or

(c) where the State Government Central Government has made rules requiring that boilersshall be in charge of persons holding certificates of proficiency or competency, if the boileris 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 Inspectorcompetent to have charge thereof:Provided that where the Chief Inspector withdraws or revokes a certificate or provisionalorder on the ground specified in Clause (d),he shall communicate to the owner of theboiler his reasons in writing for the withdrawal or revocation and the order shall not takeeffect until the expiry of 30 days from the receipt of such communication.

12.

Alterations and renewals to boilersNo structural alteration, addition or renewal shall be made in or to any boiler registeredunder thisAct unless such alteration, addition or renewal has been sanctioned in writingby 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

13.Alterations and renewals to steam-pipesBefore the owner of any boiler registered under this Actmakes any structural alteration,addition or renewal in or any steam-pipe attached to the boiler, he shall transmit to the


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Chief Inspector a report in writing of his intention and shall send therewith suchparticulars of the purposed alteration, addition or renewal as may be prescribed.

13. Alteration or renewal of boiler component(1) Before the owner of any boiler registered under thisActmakes any structural alteration,

addition or renewal in or to any boiler component attached to the boiler, he shall transmit

to the Chief Inspector a report in writing of his intention and send therewith suchparticulars of proposed alteration, addition or renewal as may be prescribed byregulations.

(2) Any structural alteration, addition or renewal referred to in Sub-section (1)shall be madeby a person possessing a Boiler Repairer certificate under the supervision of the CompetentPerson."

14.Duty of owner at examination(1) On any date fixed under thisActfor the examination of a boiler, the owner thereof shall be

bound;(a) to afford to the Inspector Competent Personall 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; manner prescribed 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 be prescribed be prescribedby regulations.

(2) If the owner fails, without reasonable cause to comply with the provisions of Sub-section(7), the Inspector Competent Personshall refuse to make the examination and shall reportthe 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 7or 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, etcThe 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 bebound 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 inwhich the boiler is for the time being or by the Chief Inspector or by an Inspector or byany Inspector appointed under the Indian Factories Act 1911the Factories Act 1948or by anyperson specially authorised in writing by a District Magistrate or Commissioner of Police.

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 makeover to him the certificate or provisional order.

17.Powers of entryAn Inspector may, for the purpose of inspecting or examining a boiler or any steam-pipeattached thereto or of seeing that any provision of this Act or of any regulation or rulemade hereunder has been or is being observed, at all reasonable times enter any place orbuilding within the limits of the area for which he has been appointed in which he hasreason to believe that a boiler is in use.


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18.Report of accidents(1) If any accident occurs to a boiler or steam-pipe, boiler component the owner or person in

charge thereof shall within 24 hours of the accident, report the same in writing to theInspector. Every such report shall contain a true description of the nature of the accidentand of the injury, if any, caused thereby to the boiler or to the steam-pipe boilercomponent 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 theaccident.

(3) Without prejudice to the provisions of Sub-section (1), where any death has resulted due toany accident, an inquiry may be conducted by such person and in such manner as may beprescribed by the Central Government.

19.Appeals to Chief Inspector:(1) Any person considering himself aggrieved by;

(a) an order made or purporting to be made by an Inspector in the exercise of anypower conferred by or under thisAct, or

(b) a refusal of an Inspector to make any order or to issue any certificate which he isrequired or enabled by or under thisAct to make or issue, may, within thirty daysfrom the date on which such order or refusal is communicated to him, appeal againstthe order or refusal to the Chief Inspector.

(2) Every appeal under Sub-section (1)shall be made in such manner as may be prescribed bythe State 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 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, additionor renewal in or to a boiler, may, within thirty days of the communication to him ofsuch order, lodge with the Chief Inspector an appeal to an appellate authority to be

constituted by the State Government under thisAct prefer an appeal to the CentralGovernment.(2) Any person considering himself aggrieved by the refusal of an Inspecting Authorityto

grant a certificate of inspection of manufacture or erection, as the case may be, may,within 30 days from the date of communication of such refusal, prefer an appeal to theCentral Government.

(3) Every appeal under Sub-section (1)shall be made in such manner as may be prescribed bythe Central Government.

(4) The procedure for disposing of an appeal shall be such as may be prescribed by theCentral Government.


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

(1) Any person considering himself aggrieved by an order of the Appellate Authorityrefusing under Section 20to interfere with an order not to register a boiler or not to grantor renew a certificate in respect thereof on the ground that the boiler does not conform tothe regulations made under thisActmay, within two (2) months of the communication to

him of such order, make an application to the Central Government for a revision of thatorder on the ground that such boilers are in use in other countries.

(2) Upon the receipt of such an application, the Central Government may, after calling forrelevant records and other information from the appellate authority and considering theobservations, if any, of that authority on the application and after obtaining such technicaladvice as the Central Government may consider necessary, pass such order in relation tothe 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 theregulations made under thisActare to be dealt with during the examination of the boiler.

21. Finality of ordersAn order of the Central Government under Section 20Aand, save as otherwise provided inSections 19, 20and 20A, an order of an Appellate Authority, An order of the CentralGovernment under Section 20and 20Aor of the Chief Inspector, or of a Deputy ChiefInspector, or of an Inspector, shall be final and shall not be called in question in any court.

22. Minor penalties:Any owner of a boiler who refuses or without reasonable excuse neglects(i) to surrender a provisional order as required by Section 9, or(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 punished with fine which may extend to 100 rupees 5,000 rupees.

23. Penalties for illegal use of boilerAny owner of a boiler who, in any case in which a certificate or provisional order isrequired for the use of the boiler under this Act, uses the boiler either without any suchcertificate or order being in force or at a higher pressure than that allowed thereby, shallbe punishable with fine which may extend to 500 rupees, one (1) lakh rupees and, in thecase of a continuing offence, with an additional fine which may extend to 100 hundredrupees1,000 rupees for each day after the first day in regard to which he is convicted ofhaving persisted in the offence.

24. Other penalties: Any person who;(a) uses or permits to be used a boiler of which he is the owner and which has been

transferred from one State to another without such transfer having been reported as

required by Section 6, or(b) being the owner of a boiler fails to cause the register number allotted to the boiler underthisActto 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 firstobtaining 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) tempers with a safety valve of a boiler so as to render it inoperative at the maximum

pressure at which the use of the boiler is authorised under this Act, or(f) allows another person to go inside a boiler without effectively disconnecting the same in

the prescribed manner from any steam or hot water connection with any other boiler or


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from fuel mains, shall be punishable with fine which may extend to 500 rupees punishablewith imprisonment which may extend to two (2) years or with fine which may extend toone (1) lakh rupees, or with both.

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 Actor anyActrepealed hereby, shall be punishable with fine which may extend to 500 rupees one (1)lakh rupees.

(2) Whoever fraudulently marks upon a boiler a register number which has not been allottedto it under thisActor anyAct repealed hereby, shall be punishable with imprisonmentwhich may extend to two (2) years, or with fine, or with both fine which may extend toone (1) lakh rupees or with both.

26. Limitation and previous sanction for prosecutionsNo prosecution for an offence made punishable by or under this Act shall be institutedexcept within 24 months from the date of the commission of the offence, and no suchprosecution shall be instituted without the previous sanction of the Chief Inspector.

27. Trial of offencesNo offence made punishable by or under this Actshall be tried by a Court inferior to thatof a Presidency Magistrate or a Magistrate of the first class.

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) The Board shall consist of the following members, namely:

(a) such number of members, including the Chairman, not exceeding 15, as the CentralGovernment may nominate in the prescribed manner to represent that Government,the Union territories, the railways, the coal industry, the Indian StandardsInstitution, the boiler manufacturing industry, the users of boilers and, any otherinterests which, in the opinion of the Central Government, ought to be representedon 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).

(2) The Board shall consist of the following members, namely:-(a) the Secretary to the Government of India incharge of the Department of the Central

Government having administrative control of the Board who shall be theChairperson ex officio;

(b) a senior technical officer conversant with the inspection and examination of boilers,to be nominated by the Government of each State (other than a Union territory)

(c) equal number of other persons as in Sub-section (b)above to represent-(i) Central Government,(ii) the Bureau of Indian Standards,(iii) boiler and boiler component manufacturers,(iv) National laboratories,(v) engineering consultancy agencies,(vi) users of boilers, and(vii) such other interests which in the opinion of the Central Government ought to

be represented on the Board, to be nominated by the Central Government;(d) Technical Adviser, Member-Secretary ex officio.


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(3) Any vacancy occurring in the Board shall be filled as soon as may be by a nominationmade by the authority by whom the member vacating office was nominated.

(3) The term of office of the members nominated under Clauses (b)and (c)of Sub-section (2)shall be such as may be prescribed by the Central Government.

(4) The Board shall have full power to regulate by means of bye-laws or otherwise its ownprocedure 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 thepowers 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(1) The Board may, by notification in the Gazette of India, make regulations consistent with

thisActfor 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 registration andcertification of a boiler under thisAct;

(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, boilermountings and fittings under thisAct.

(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)may be permitted;

(b) for prescribing the method of determining the maximum pressure at which a boilermay be used;

(c) for regulating the registration of boilers, prescribing the fees payable therefor and forthe inspection and examination of boilers or parts thereof, the drawings,specifications certificates and particulars to be produced by the owner, the methodof preparing a boiler for examination, the form of the Inspector's report thereon, themethod of marking the register number, and the period within which such numberis to be marked on the boiler;

(d) for regulating the inspection and examination of boilers and steam-pipes, boilercomponents, boiler mountings and fittings and prescribing forms of certificatestherefor;

(e) for ensuring the safety of persons working inside a boiler; and(ea) for prescribing the qualifications and experience subject to which the Inspecting

Authorities, Competent Authorities and Competent Personsshall be recognized underthis Act;

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

(ec) facilities for design and construction which are required to be provided in the

premises in which the manufacturing of any boiler or boiler component is carriedout;(ed) fee for the purposes of inspection or grant of recognition or any certificate under this

Act;(ef) procedure for examination and grant of Welders certificate;(eg) powers and functions which the Board may delegate to the Technical Adviser;(eh) documents to be enclosed along with the application for registration of boilers or

renewal of a certificate authorizing the use of boilers;(ei) the manner of inspection of boilers;(ej) the period for which a certificate authorizing the use of a boiler may be renewed


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(ek) the conditions subject to which and the form in which Competent Personshall renew acertificate authorizing the use of boilers;

(el) the manner and the form in which a Repairer's certificate shall be issued;(em) the manner in which the boiler shall be prepared for examination;(en) drawings, specification, documents and other particulars which owner of a boiler is

required to make available to the Competent Person;

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

(ep) the manner in which disputes between the States with respect to registration ofboilers shall be resolved

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

(2) Every regulation made under thisAct 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 30 days whichmay be comprised in one session or in two or more successive sessions, and if, before theexpiry of the session immediately following the session or the successive sessionsaforesaid both Houses agree in making any modification in the regulation or both Housesagree that the regulation should not be made, the regulation shall thereafter have effectonly in such modified form or be of no effect, as the case may be; so, however, that anysuch modification or annulment shall be without prejudice to the validity of anythingpreviously done under that regulation.

28A. Power of Central Government to make rules(1) The Central Government may, by notification in the Official Gazette, make rules to provide

for;(a) the procedure to be followed in making applications under Section 20Aand 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.(1) The Central Government may, by notification in the Official Gazette, make rules to carry

out the provisions of thisAct.(1A) In particular, and without prejudice to the generality of the foregoing power, such

rules may provide for all or any of the following matters, namely:-(a) the procedure to be followed in making applications under Section 20Aand the fees

payable in respect of such application;(b) the qualifications and experience of persons to be appointed as Chief Inspectors,

Deputy Chief Inspectors and Inspectors;(c) the manner in which appeals may be preferred to the Board, the fees payable in

respect of appeals and the procedure to be followed of disposing such appeals;(d) the term of office of the members and the manner in which they shall be nominated

under Clauses (b)and (c)of Sub-section (2)of Section 27A;(e) the qualifications and experience of the Technical Adviser;(f) for requiring boilers to be under the charge of persons holding certificate of

proficiency or competency and for prescribing the conditions on which suchcertificate may be granted;

(g) 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

before each House of Parliament while it is in session for a total period of 30 days whichmay be comprised in one session or in two or more successive sessions, and if, before theexpiry of the session immediately following the session or the successive sessions


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(2) Regulations and rules so made shall be published in the Gazette of India and the localOfficial Gazette, respectively, and, on such publication shall have effect as if enacted inthisAct.

31A. Power of Central Government to give directionsThe Central Government may give such directions as it may deem necessary to a State

Government regarding the carrying into execution of the provisions to thisAct, and theState Government shall comply with such directions.

32. Recovery of fees etc.All fees, costs and penalties levied under thisActshall be recoverable as arrears of land-revenue.

33. Applicability to the GovernmentSave as otherwise expressly provided, thisActshall apply to boilers and steam-pipesboiler components belonging to Government.

34. Exemptions(1) The State Government may, by notification in the Official Gazette, exempt from the

operation of thisAct, subject to such conditions and restrictions as it thinks fit, any boilersor classes or types of boilers used exclusively for the heating of buildings or the supply ofhot water.

(2) In case of any emergency, the State Government may, by general or special order inwriting 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.

(3) If the State Government is satisfied that, having regard to the material design orconstruction of boilers and to the need for the rapid industrialization of the country, it isnecessary so to do, it may, by notification in the Official Gazette and subject to suchconditions and restrictions as may be specified in the notification, exclude any specifiedclass of boilers or steam-pipes in the whole or any part of the State, from the operation ofall or any of the provisions of thisAct.

(3) If the State Government is satisfied that having regard to the material, design orconstruction of boilers and to the need for the rapid industrialization of the country, it isnecessary 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 components inthe whole or any part of the State from the operation of all or any of the provisions of thisAct.

35. Repeal of enactments

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The Indian Boilers _Amendment _Act 2007-No4-2009

Documents

Transcript of The Indian Boilers _Amendment _Act 2007-No4-2009