LexThe BOILERS ACT, 1923
Bihar · state statute
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THE BOILERS ACT, 1923
(5 of 1923)1
[23rd February, 1923]
An Act to consolidate and amend the law relating to steam boilers.
WHEREAS it is expedient to consolidate and amend the law relating to steam boilers; it is hereby
enacted as follows:—
1. Short title, extent and commencement
(1) This Act may be called the 2[***] Boilers Act, 1923.
3[(2) It extends to the whole of India 4[except the State of Jammu and Kashmir].]
(3) It shall come into force on such date 5 as the Central Government may, by notificati on in the
Official Gazette, appoint , and different dates may be appointed for different provisions of the
Act.
2. Definitions
In this Act, unless there is anything repugnant in the subject or context,—
6[(a) “accident” means an explosion of boiler, or boi ler component, which is calculated to
weaken the strength or an uncontrolled release of water or steam therefrom, liable to
cause death or injury to any person or damage to any property;]
7[(aa) “Board” means the Central Boilers Board constituted under section 27A;]
8[(b) “boiler” means a pressure vessel in which steam is generated for use external to itself by
application of heat which is wholly or partly under pressure when steam is shut off but
does not include a pressure vessel,—
(i) with capacity le ss 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
1. For statement of Object s and Reasons, see Gazette of India, 1923, Pt. V, p. 249 an for Report of Joint Committee, see
ibid., p. 15. This Act has been extended to Berar by Act 4 of 1941; to Goa, Daman and Diu by Reg. 12 of 1962, S. 3 and
Sch.; to Dadra and Nagar Haveli by Reg. 6 of 1963, S. 2 and Sch. I; to Loccadive, Minicoy and Amindivi Islands by Reg. 8
of 1965, S. 3 and Sch. and to Pondicherry by Act 26 of 1968, S. 3 and Sch.
2. The word “Indian” omitted by Act 49 of 2007, S. 2.
3. Subs. by the A.O. 1950, for sub-section (2).
4. Subs. by the Act 3 of 1951, S. 3 and Sch., for “except Part B States”, w.e.f. 27.5.2008.
5. Came into force on 1.1.1924, vide Notification No. A -61, dated 4th December, 1923, see Gazette of India, 1923, Pt. I, p.
1695.
6. Subs. by Act 49 of 2007, S. 3(1) for:
“(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;”, w.e.f. 27.5.2008.
7. Ins. by Act 11 of 1937, S. 3.
8. Subs. by Act 49 of 2007, S. 3(2) for:
“(b) “boiler” means any closed vessel exceeding 22.75 litres in capacity which is used expressly for generating steam
under pressure and includes any mounting or other fitting attached to such vessel, which is wholl y or partly under pressure
when steam is shut off;”, w.e.f. 27.5.2008.
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(iii) in which water is heated below one hundred degrees centigrade;
(ba) “boiler component” means steam piping, feed piping, economiser, superheater, any
mounting or other fitting and any other external or internal part of a boiler which is
subject to pressure exceeding one kilogram per centimetre square gauge;]
9[(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;]
10[(ca) “Competent Authority” means an institu tion recognised in such manner as may be
prescribed by regulations for issue of certificate to the welders for welding of boiler and
boiler components;]
11[(cb) “Competent Person” means a person recognised in such manner as may be prescribed
by regulations for inspection and certification of boilers and boiler components during
manufacture, erection and use. All Inspectors shall be ipso facto competent persons;]
12[(cc) “economiser” means any part of a feed -pipe that is wholly or partially exposed to the
action of flue gases for the purpose of recovery of waste heat;
(ccc) “feed-pipe” means any pipe or connected fitting wholly or partly under pressure through
which feed water passes directly to a boiler and which does not form an integral part
thereof;]
13[(ccd) “Inspecting Authority” means an institution recognised in such manner as may be
prescribed by regulations for the inspection and certification of boilers and boiler
components during manufacture. All Chief Inspectors of Boilers shall be ipso facto
Inspecting Authorities;
(cce) “manufacture” means manufacture, construction and fabrication of boiler or boiler
component, or both;
(ccf) “manufacturer” means a person engaged in the manufacture;]
(d) “owner” 14[includes any person possessing or] 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;
9. Subs. by Act 18 of 1960, S. 2(b), for cl. (c) w.e.f. 6.5.1960.
10. Ins. by Act 49 of 2007, S. 3(3).
11. Ins. by Act 49 of 2007, S. 3(3).
12. Subs. by Act 34 of 1947, S. 2, as amended by Act 40 of 1949, S. 3 and Sch. II, for clause (cc).
13. Ins. by Act 49 of 2007, S. 3(4), clauses (cce) & (ccf) effective from 27.5.2008.
14. Subs. by Act 49 of 2007, S. 3(5), for “includes any person”, w.e.f. 27.5.2008.
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15[(f) “Steam-pipe” means any pipe through which steam passes, if—
(i) the pressure at which steam passes through such pipe exceeds 3.5 kilogram per
square centimetres above atmospheric pressure; or
(ii) such pipe exceeds 254 millimetres in internal diameter and the pressure of steam
exceeds 1 kilogram per square centimetres above the atmospheric pressure,
and includes in either case any connected fitting of a steam-pipe;]
16[(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 expos ed to flue gases for
the purpose of raising the temperature of steam beyond the saturation temperature at
that pressure and includes a re-heater;
(i) “Technical Adviser” means the Technical Adviser appointed under sub -section (1) of
section 4A.]
17[2A. Application of Act to feed pipes
Every reference in this Act [except where the word “steam -pipe” is used in clause (f) of section 2],
to a steam-pipe or steam -pipes shall be deemed to include also a reference to a feed -pipe or feed -
pipes, respectively.]
18[2B. Application of Act to economisers
Every reference in this Act to a boiler or boilers [except in clause (ccc) of section 2, 19[***] 20[***]
shall be deemed to include also a reference to an economiser or economisers, respectively.]
15. Subs. by Act 49 of 2007, S. 3(6), for:
“(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;”, w.e.f. 27.5.2008.
16. Subs. by Act 49 of 2007, S. 3(7), for:
“(g) “Structural alteration, addition or renewal” sh all 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 par t or
fitting”, w.e.f. 27.5.2008.
17. Ins. by Act 17 of 1943, S. 3.
18. Ins. by Act 34 of 1947, S. 3.
19. The words “clause (e) of section 6, clauses (c) and (d) of section 11, clause (d) of section 29” omitted by Act 25 of 1952, S .
2, w.e.f. 6.3.1952.
20. The words and figures “and section 34” omitted by Act 18 of 1960, S. 3, w.e.f. 6.5.1960.
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21[3. Limitation of application
Nothing in this Act shall apply to—
(a) locomotive boilers belonging to or under the control of the railways;
(b) any boiler or boiler component,—
(i) in any vessel propelled wholly or in part by the agency of steam;
(ii) belonging to, or under the control of, the Army, Navy or Air Force; or
(iii) appertaining to a sterilizer disinfector used in hospitals or nursing homes, if the boiler
does not exceed one hundred litres in capacity.]
4. Power to limit extent
The 22[State Government] may, by notif ication in the Official Gazette, exclude any specified area
from the operation of all or any specified provisions of this Act.
23[4A. Technical Adviser
(1) The Central Government shall appoint a Technical Adviser from amongst the persons having
such qualifications and experience as may be prescribed by rules.
(2) The terms and conditions of service of the Technical Adviser shall be such as may be
prescribed by the Central Government.
(3) The Technical Adviser shall, in addition to exercising the powers an d discharging the functions
assigned to him under this Act or rules or regulations made thereunder, exercise such other
powers and discharge such functions as the Central Government and the Board may delegate
to him.
4B. Welders certificate
(1) Any person who proposes to undertake any welding work connected with or related to a boiler,
or a boiler component or both shall apply to a Competent Authority for issue of a Welders
certificate.
21. Subs. by Act 49 of 2007, S. 4, for:
“3. Limitation of application.—(1) Nothing in this Act shall apply in the case of any boiler or steam-pipe—
(a) in any steam-pipe as defined in section 3 of the Indian 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
(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 the provisions of this Act shall not
apply in the case of boilers or st eam-pipes, or any specified class of boilers or steam -pipes, belonging to or under the
control of any railway administered by the Central Government or by any State Government or by any railway company as
defined in clause (5) of section 3 of the Indian Railways Act, 1890 (9 of 1890)”, w.e.f. 27.5.2008.
22. The words “Governor -General in Council” have been successively amended by the A.O. 1937 and the A.O. 1950 to read
the above.
23. Sec. 4A to 4F ins. by Act 49 of 2007, S. 5, w.e.f. 27.5.2008, so far it relates to Section 4A.
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(2) On receipt of an application under sub -section (1), the Competent Authority shall follow such
procedure for examination and grant of Welders certificate as may be prescribed by regulations.
(3) The Competent Authority may, if satisfied that the person applying for Welders certificate under
sub-section (2) has compiled with the conditions precedent for issue of the Welders certificate,
issue such certificate, to such person subject to the payment of such fee and such other
conditions as may be prescribed by regulations:
Provided that the Competent Authority shall not refuse Welders certificate to any person
unless such person is given an opportunity of being heard.
4C. Conditions precedent for manufacture of boiler and boiler component
(1) No person shall manufacture or cause to be manufactured any boiler or boiler co mponent, 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 t he boiler and boiler component have been approved by the
Inspecting Authority under clause (a) of sub-section (2) of section 4D;
(c) the materials, mounting and fittings used in the construction of such boiler or boiler
component, or both conform to the specifications prescribed by regulations; and
(d) the persons engaged for welding boiler or boiler component hold Welders certificate
issued by a Competent Authority.
4D. Inspection during manufacture
(1) Every manufacturer, before commencing manufacture of a boiler or boiler component, shall
engage an Inspecting Authority for carrying out inspection at such stages of manufacture as
may be prescribed by regulations.
(2) The Inspecting Authority engaged under sub -section (1) shall follow such procedure for
inspection and certification of boiler or boiler component as may be prescribed by regulations
and after inspection, if it is—
(a) satisfied that the boiler or the boiler component conforms to the standards prescribed by
regulations, it shall issue a cer tificate of inspection and stamp the boiler, or boiler
component, or both; or
(b) of the opinion that the boiler, or boiler component, or both does not conform to the
standards prescribed by regulations, it may for reasons to be recorded in writing refuse
to issue such certificate:
Provided that no certificate shall be refused unless the Inspecting Authority had
directed the manufacturer of the boiler or boiler component, or both in writing to carry out
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such modifications or rectifications as it deems necessary and the Inspecting Authority is
of the opinion that inspite of such direction the manufacturer of the boiler or boiler
component, or both did not carry out the direction.
(3) The Inspecting Authority may, for the purposes of inspection under this section, charge such fee
as may be prescribed by regulations.
4E. Inspection during erection
(1) The owner who proposes to register a boiler under section 7, shall engage an Inspecting
Authority for carrying out inspection at the stage of erection of the boiler.
(2) The Inspecting Authority shall follow such procedure for inspection and certification of a boiler or
boiler component, or both as may be prescribed by regulations and after inspection if it is—
(a) satisfied that the erection of the boiler is in accordance with the regulations, it shall issue
a certificate of inspection in such form as may be prescribed by regulations; or
(b) of the opinion that the boiler has not been erected in accordance with the regulations, it
may for reasons to be reco rded in writing, refuse to grant the certificate and shall
communicate such refusal to the manufacturer of the boiler or boiler component
forthwith:
Provided that no such certificate shall be refused unless the Inspecting Authority had directed
the owner in writing to carry out such modifications or rectifications as it deems necessary and
the Inspecting Authority is of the opinion that in spite of such direction the owner did not carry
out the direction.
(3) The Inspecting Authority may, for the purposes of inspection under this section, charge such fee
as may be prescribed by regulations.
4F. Conditions precedent for repairing boiler and boiler component
No person shall repair or cause to be repaired any boiler or boiler component or both, unless—
(a) he has provided in the premises or precincts, where in such boiler or boiler component or both
are being used, such facilities for repairs as may be prescribed by regulations;
(b) the design and drawings of the boiler or boiler component, as the case may be, and the
materials, mountings and fittings used in the repair of such boiler or boiler component conform
to the regulations;
(c) persons engaged in welding, holds a Welders certificate issued by a Competent Authority;
(d) every user who does not have the in-house facilities for repair of boiler or boiler component shall
engage a Boiler Repairer possessing a Boiler Repairer certificate for repair of a boiler or boiler
component or both, as the case may be;
(e) every user shall engage a Competent Perso n for approval of repairs to be carried out in -house
or by the repairers.]
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24[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 t his Act, and may define the local limits within which each Inspector shall
exercise the powers and perform the duties conferred and imposed on Inspectors by or under
this Act.
(2) The State Government may appoint such persons as it thinks fit to be Deputy Chief Inspectors
for the State and may define the local limits within which each Deputy Chief Inspector shall
exercise his powers and perform his duties under this Act.
(3) Every Deputy Chief Inspector may exercise the powers and perform the duties confe rred 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 Govern ment 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.
25[(4A) No person shall be appointed as the Chief Inspector, Deputy Chief Inspector or Inspector unless
he possesses such qualifications and experience as may be prescribed by the Central
Government.]
(5) Subject to the provision s 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, De puty 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 uncertified boiler
Save as otherwise expressly provided in 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;
24. Subs. by Act 18 of 1960, S. 5, for S. 5, w.e.f. 6.5.1960.
25. Ins. by Act 49 of 2007, S. 6.
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(c) unless a certificate o r provisional order authorising the use of the boiler is for the time being in
force under this Act;
(d) at a pressure higher than the maximum pressure recorded in such certificate or provisional
order;
(e) where the 26[Central Government] has made rules requiring that boilers shall be in charge of
persons holding 27[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 certifi ed or licensed, under any Act hereby
repealed shall be deemed to have been registered or certified, as the case may be, under this Act.
28[***]
7. Registration
(1) The owner of any boiler which is not registered under the provisions of this Act 29[may apply to
the Inspector along with such other documents as may be prescribed by regulations 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.
30[(3) On the said date t he Inspector shall inspect the boiler with a view to satisfying himself that the
boiler has not suffered any damage during its transit from the place or manufacture to the site of
erection and forward a report of the inspection along with the documents to the Chief Inspector
within seven 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 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.
26. Subs. by Act 49 of 2007, S. 7, for “State Government”.
27. Subs. by Act 18 of 1960, S. 6, for “certificate of competency”, w.e.f. 6.5.1960.
28. Proviso omitted by Act 34 of 1939, S. 3 and Sch. II.
29. Subs. by Act 49 of 2007, S. 8(a), for “may apply to the Inspector to have the boiler registered”.
30. Subs. by Act 49 of 2007, S. 8(b), for:
“(3) On the said date the Inspector shall proc eed to measure and examine the boiler and to determine in the prescribed
manner the maximum pressure, if any, at which such boiler may be used, and shall report the result of the examination to
the Chief Inspector in the prescribed form”, w.e.f. 27.5.2008.
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(5) The Chief Inspector shall, on registering the boiler, order the issue to the owner of a certificate
in the prescribed form authorising 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:
31[Provided that a certificate issued under this sub-section in respect of an economiser 32[or of
an unfired boiler which forms an integral part of a processing plant in which steam is generated
solely by the use of oil, asphalt or bitumen as a heating medium] may authorise its use for a
period not exceeding twenty-four months.]
(6) The Inspector shall forthwith conve y to the owner of the boiler the orders of the Chief Inspector
and shall in accordance therewith issue to the owner any certificate of which the issue has been
ordered, and, where the boiler has been registered, the owner shall within the prescribed period
cause the register number to be permanently marked thereon in the prescribed manner.
8. Renewal of certificate
(1) A certificate authorising the use of a boiler shall cease to be in force—
(a) on the expiry of the period for which it was granted; or
(b) when any accident occurs to the boiler; or
(c) when the boiler is moved, the boiler not being a vertical boiler the heating surface of
which is less than 33[34[20] square metres], or a portable or vehicular boiler; or
35[(d) save as provided in section 12 , 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 36[it or any boiler component] attached
thereto is in a dangerous condition.
(2) Where an order is made under c lause (f) of sub -section (1), the grounds on which the order is
made shall be communicated to the owner with the order.
31. Added by Act 34 of 1947, S. 4.
32. Ins. by Act 18 of 1960, S. 7, w.e.f. 6.5.1960.
33. Subs. by Act 18 of 1960, S. 8(a), for “two hundred square feet” (w.e.f. 6.5.1960).
34. Subs. by Act 49 of 2007, S. 9(a)(i), for “18.58”, w.e.f. 27.5.2008.
35. Subs. by Act 49 of 2007, S. 9(a)(ii), for:
“(d) when any structural alteration, addition or renewal is made in or to the boiler; or”, w.e.f. 27.5.2008.
36. Subs. by Act 49 of 2007, S. 9(a)(iii), for “it or any steam-pipe”, w.e.f. 27.5.2008.
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37[(3) When a certificate ceases to be in force, the owner of the boiler may apply to the Competent
Person for renewal thereof for such period as may be prescribed by regulations.]
38[(4) On receipt of an application under sub -section (3), the Competent Person shall, within fifteen
days from the date of such receipt, inspect the boiler in such manner as may be prescribed by
regulations.]
39[(5) If the Competent Person is—
(a) satisfied that the boiler and the boiler components attached thereto are in good condition
he shall issue a certificate for such period as may be prescribed by regulations,
(b) of the opinion that the boiler or bo iler component, or both does not conform to the
standards prescribed by regulations, it may, for reasons to be recorded in writing, refuse
to issue such certificate:
Provided that no certificate shall be refused unless the Inspecting Authority had
directed the owner of the boiler or the boiler component, or both in writing to carry out
such modifications or rectifications as it deems necessary and the Competent Person is
of the opinion that inspite of such direction the owner of the boiler or boiler comp onent,
or both did not carry out the direction:
37. Subs. by Act 49 of 2007, S. 9(b), for:
“(3) When a certificate ceases to be in force, the owner of the boiler may apply to the Inspector for a renewal thereof for
such period not exceeding twelve months as he may specify in the application:
Provided that where the certificate relates to an economiser or 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
application for its renewal may be for a period not exceeding twenty-four months.”.
38. Subs. by Act 49 of 2007, S. 9(c), for:
“(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 sh orter period as may be prescribed from the date of the receipt, for the
examination of the boiler and shall give the owner thereof not less than ten days’ notice of the date so fixed:
Provided that, where the certificate has ceased to be in force owing to the making of any structural alteration, addition or
renewal, the Chief Inspector may dispense with the payment of any fee:
Provided further that in the case of an economiser or of an unfired boiler which forms an integral part of a processing
plant in which steam is generated solely by the use of oil, asphalt or bitumen as a heating medium, the date fixed for its
examination shall be within sixty days from the date of receipt of the application and the owner shall be given not less than
thirty days’ notice of the date so fixed.”.
39. Subs. by Act 49 of 2007, S. 9(c), for:
“(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 ar e in good condition shall issue a renewed certificate authorising the
use of the boiler for such period not exceeding twelve months and at a pressure not exceeding such maximum pressure as
he thinks fit and as is in accordance with the regulations made under this Act:
Provided that renewed certificate issued under this sub -section in respect of an economiser or of an unfired boiler which
forms an integral part of a processing plant in which steam is generated solely by the use of oil, asphalt or bitumen as
heating medium may authorise its use for a period not exceeding twenty-four months:
Provided further that if the Inspector—
(a) proposes to issue any certificate—
(i) having validity for a less period than the period entered in the application, or
(ii) increasing or reducing the maximum pressure at which the boiler may be used, or
(b) proposes to order any structural alteration, addition or renewal to be made in or to the boiler or any steam -pipe
attached thereto, or
(c) is of opinion that the b oiler 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.”.
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Provided further that the Competent Person shall, within forty -eight hours of making
the examination, inform the owner of the boiler or boiler component any defect in his
opinion and the reasons therefor a nd shall forthwith report the case to the Chief
Inspector.]
40[(5A) The Competent Person may for the purpose of inspection under this section charge 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 this Act and of the regulations made hereunder, order the renewal of the certificate in such
terms and on such conditions, if any, as he thinks fit, or may refuse to renew it:
Provided that where the Chief I nspector 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
Where the Inspector reports the case of any boiler to the Chief Inspector under sub -section (3) of
section 7 41[***], 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 this Act pending the receipt of the orders of the Chief
Inspector. Such provisional order shall cease to be in force —
(a) on the expiry of six months from the date on which it is granted, or
(b) on receipt of the orders of the Chief Inspector, or
(c) in any of the cases referred to in clauses (b), (c), (d), (e) and (f) of sub-section (1) of section 8,
and on so ceasing to be in force shall be surrendered to the Inspector.
10. Use of boiler pending grant of certificate
(1) Notwithstanding anything 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 th e boiler at the maximum pressure entered in
the former certificate pending the issue of orders on the application.
(2) Nothing in sub-section (1) shall be deemed to authorise the 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.
40. Ins. by Act 49 of 2007, S. 9(c) and Sl. No. corrected by corrigendum for “(6)”.
41. The words “or sub-section (5) of section 8” omitted by Act 49 of 2007, S. 10. w.e.f. 27.5.2008.
12
11. Revocation of certificate or provisional order
The Chief Inspector may at any time withdraw or revoke any certificate or provisional order on the
report of an Inspector or otherwise—
(a) if there is reason to believe that the certificate or provisional order has been fraudulently
obtained or has been granted erroneously or without sufficient examination; or
(b) if the boiler in respect of which it h as been granted has sustained injury or has ceased to be in
good condition; or
(c) where the 42[Central Government] has made rules requiring that boilers shall be in charge of
persons holding 43[certificates of proficiency or competency], if the boiler is in charge of a person
not holding the certificate required by such rules; or
44[***]
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:
45[Provided that no such sanction is required where the structural alteration, addition or
renewal is made under the supervision of a Competent Person.]
46[13. Alteration and renewal to steam- pipes
(1) Before the owner of any boiler registered under this Act makes any structural alteration, addition
or renewal in or to any boiler component attached to the boiler, he shall transmit to the Chief
Inspector a report in writing of his int ention and send therewith such particulars of proposed
alteration, addition or renewal as may be prescribed by regulations.
(2) Any structural alteration, addition or renewal referred to in sub -section (1) shall be made by a
person possessing a Boiler Repairer certificate under the supervision of the Competent Person.]
42. Subs. by Act 49 of 2007, S. 11(a), for “State Government”.
43. Subs. by Act 18 of 1960, S. 9, for “certificates of competency”, w.e.f. 6.5.1960.
44. Clause (d) and the proviso omitted by Act 49 of 2007, S. 11(b). Clause (d) and the proviso, before omission, stood as
under:
“(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 or der 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.”
45. Ins. by Act 49 of 2007, S. 12.
46. Subs. by Act 49 of 2007, S. 13, for section 13. Section 13, before substitution, stood as under:
“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 purposed alteration, addition or
renewal as may be prescribed.”.
13
14. Duty of owner at examination
(1) On any date fixed under this Act for the examination of a boiler, the owner thereof shall be
bound—
(a) to afford to the 47[Competent Person] all rea sonable 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 48[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 49[be prescribed by regulations].
(2) If the owner fails, without reasonable cause to comply with the provisions of sub -section (1), the
50[Competent Person] 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 b e, and may forbid him to
use the boiler notwithstanding anything contained in section 10.
15. Production of certificates, etc.
The owner of any boiler who holds a certificate or provisional order relating thereto shall, at all
reasonable times during the period for which the certificate or order is in force be bound to produce the
same when called upon to do so by a District Magistrate, Commissioner of Police or Magistrate of the
first class having jurisdiction in the area in which the boiler is for the tim e being, or by the Chief
Inspector or by an Inspector or by any Inspector appointed under 51[the Factories Act, 1948 (63 of
1948)], or by any person specially authorised in writing by a District Magistrate or Commissioner of
Police.
16. Transfer of 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
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 ent er any place or building within the limits of the area for
which he has been appointed in which he has reason to believe that a boiler is in use.
18. Report of accidents
(1) If any accident occurs to a boiler or 52[boiler component], the owner or person in charge thereof
47. Subs. by Act 49 of 2007, S. 14(a)(i), for “Inspector”.
48. Subs. by Act 49 of 2007, S. 14(a)(ii), for “prescribed manner”.
49. Subs. by Act 49 of 2007, S. 14(a)(iii), for “be prescribed”.
50. Subs. by Act 49 of 2007, S. 14(b), for “Inspector”.
51. Subs. by Act 49 of 2007, S. 15, for “the Indian Factories Act, 1911 (12 of 1911), w.e.f. 27.5.2008.
52. Subs. by Act 49 of 2007, S. 16(a), for “steam-pipe”, w.e.f. 27.5.2008.
14
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 or to the 3[boiler component] 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.
53[(3) Without prejudice to the provisions of sub -section (1), where any death has resulted due to any
accident, an inquiry may be conducted by such person and in such manner as ma y be
prescribed by the Central Government.]
19. Appeals to Chief Inspector
54[(1)] 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.
55[(2) Every appeal under sub-section (1) shall be made in such manner as may be prescribed by the
State Government.
(3) The procedure for disposing of an appeal shall be such as may be prescribed by the State
Government.]
20. Appeals to appellate authority
56[(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 authorising the use of a boiler at the maximum pressure
desired; or
(d) withdrawing or revoking a certificate or provisional order; or
(e) reducing the amount of pressure specified in any certificate or the period for which such
certificate has been granted; or
(f) ordering any structural alteration, addition or renewal to be made in or to a boiler or
53. Ins. by Act 49 of 2007, S. 16(b).
54. Section 19 renumbered as sub-section (1) by Act 49 of 2007, S. 17, w.e.f. 27.5.2008.
55. Ins. by Act 49 of 2007, S. 17, w.e.f. 27.5.2008.
56. Section 20 renumbered as sub-section (1) thereof by Act 49 of 2007, S. 18.
15
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, 57[prefer an appeal to the
Central Government].
58[(2) Any person considering himself aggrieved by the r efusal of an Inspecting Authority to grant a
certificate of inspection of manufacture or erection, as the case may be, may within thirty days
from the date of communication of such refusal, prefer an appeal to the Central Government.
(3) Every appeal under sub-section (1) shall be made in such manner as may be prescribed by the
Central Government.
(4) the procedure for disposing of an appeal shall be such as may be prescribed by the Central
Government.
59[20A. Power of Central Government to revise order of appellate authority
(1) Any person considering himself aggrieved by an order of the appellate authority refusing under
section 20 to interfere with an order not to register a boiler or not to grant or renew a certificate
in respect thereof on the ground that the boiler does not conform to the regulations made under
this Act may, within two months of the communication to him of such order, make an application
to the Central Government for a revision of that order on the ground that such boilers are in use
in other countries.
(2) Upon the receipt of such an application, the Central Government may, after calling for relevant
records and other information from the appellate authority and considering the observations, if
any, of that authority on the applicat ion 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.]
60[21. Finality of orders
61[An order of the Central Government under sections 20 and 20A], 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.]
57. Subs. by Act 49 of 2007, S. 18(a), for “lodge with the C hief Inspector an appeal to an appellate authority to be constituted
by the State Government under this Act”.
58. Sub-sec. (2) to (4) ins. by Act 49 of 2007, S. 18(b).
59. Ins. by Act 18 of 1960, S. 10 (w.e.f. 6.5.1960).
60. Subs. by Act 18 of 1960, sec, 11, for section 21 (w.e.f. 6.5.1960).
61. Subs. by Act 49 of 2007, S. 19, for “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”.
16
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 62[five thousand rupees].
23. Penalties for illegal use of boiler
Any owner of a boiler who, in any case in which a certificate or provisional order is required for the
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
63[one lakh rupees], and, in the case of a continuing offence, with an additional fine which may extend
to 64[one thousand rupees] for each day after the first day in regard to which he is convicted of having
persisted in the offence.
24. Other penalties
Any person who—
(a) uses or permits to be used a boiler of which he is the owner Excerpt shown. Open the full act in Lexace.