LexThe Indian Boilers Act, 1923
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THE INDIAN BOILERS ACT, 1923
(5 of 1923)
(AS MODIFIED UP TO THE 1 ST JULY, 1962)
1. The Repealing Act, 1927 (12 of 1927)
2. The Indian Boilers (Amendment) Act, 1929 (9 of 1929)
3. The Government of India (Adaptation of Indian Laws) Order, 1937
4. The Indian Boilers (Amendment) Act, 1937 (11 of 1937)
5. The Repealing and Amending Act, 1939 (34 of 1939)
6. The Indian Boilers (Amendment) Act, 1942 (5 of 1942)
7. The Indian Boilers (Amendment) Act, 1943 (17 of 1943)
8. The Indian Boilers (Amendment) Act, 1947 (34 of 1947)
9. The Indian Independence (Adaptation of Central Acts & Ordinances) Order, 1948
10.The Adaptation of Laws Order, 1950
11.The Part B State (Laws) Act, 1951 (3 of 1951)
12.The Indian Boilers (Amendment) Act, 1951 (38 of 1951)
13.The Indian Boilers (Amendment) Act, 1952 (25 of 1952)
14.The Repealing and Amending Act, 1952 (48 of 1952)
15.The Adaptation of Laws (No 3) Order, 1956
16.The Indian Boilers (Amendment) Act, 1960 (18 of 1960)
LIST OF ABBREVIATIONS USED
A.O. 1937 for Government of India (Adaptation of Indian Laws) Order, 1937
A.O. 1948 for Indian Independence (Adaptation of Central Acts and Ordinances) Order, 1948.
A.O. 1950 for Adaptation of Laws Order, 1950
P. for Page
G.G. in C. for Governor General in Council
Ins. for Inserted
Cl. for Clause
Pt. for Part
Rep. for Repealed
S. for Section
Sch. for Schedule
Subs. Substituted
8 JM of L
THE INDIAN BOILERS ACT, 1923
ARRANGEMENT OF SECTIONS
SECTIONS 1. Short title, extent and commencement.
2. Definitions.
2A. Application of Act to feed-pipes.
2B. Application of Act to economisers.
3. Limitation of application.
4. Power to limit extent.
5. Chief Inspector, Deputy Inspectors and Inspectors
6. Prohibition of use unregistered or uncertified boiler
7. Registration
8. Renewal of certificate
9. Provisional orders
10. Use of boiler pending grant of certificate
11. Revocation of certificate or provisional order
12. Alterations and renewals to boilers.
13. Alterations and renewals to steam-pipes
14. Duty of owner at examination
15. Production of certificates, etc.
16. Transfer of certificates, etc.
17. Powers of entry.
18. Report of accidents
19. Appeals to Chief Inspector.
20. Appeals to appellate authority
20A. Power of Central Government to revise order of appellate authority
21. Finality of orders.
22. Minor penalties
23 . Penalties for illegal use of boiler.
24. Other penalties.
25. Penalty for tampering with register mark.
26. Limitation and previous sanction for prosecution
27. Trial of offences.
27A. Central Boilers Board.
28. Power of make regulations.
28A. Power of Central Government to make rules.
29. Power to make rules.
30. Penalty for breach of rules.
31. Publication of regulations and rules
31a. Power of Central Government to give directions.
32. Recovery of fees, etc.
33. Applicability to the Government.
34. Exemptions.
35. (Repealed)
The Schedule Repealed
THE INDIAN BOILERS ACT, 1923
5 OF 1923 1
[23 rd 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)This Act maybe called the Indian Boilers Act, 1923. Short title extent
and commencement
2[(2) Is extends to the whole of India 3[except the State of Jammu and
Kashmir]
(3) It shall come into force on such date 4 as the Central Government may, by
notification in the Official Gazette, appoint.
2. In this Act, unless there is anything repugnant in the subject or context Definitions
(a) “accident” means an explosion of a boiler of 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;
5[aa) “Board” means the Central Boilers Board constituted under section 27A;] (b) “boiler” means any closed vessel exceeding 6[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 wholly or partly under
pressure when steam is shut off;
1. For Statement of Object and Reasons, see Gazette of India, 1923, Pt. V,
p.249; ad for Report of Joint Committee, se ibid., 1923, Pt. V, p. 15.
2. Subs. By the A.O.1950 for the former sb-section
3. Subs. By Act 3 of 1951, s. 3 and Sch., for “except part B States”
4. Ist January, 1924, vide Notification No.A-61, dated the 4 th December,
1923, See Gazette of India, 1923, Pt. 1, p. 1695
5. Ins. By Act 11 or 1937, s. 3.
6. Subs. By Act 18 of 1960, s. 2, for “five gallons”.
7. The words “for use outside such vessel” omitted by Act 9 of 1929, s.2.
1[© “Chief Inspector”,. “Deputy Chief Inspector”, and “Inspector” mean,
respectively, a person appointed to be a Chief Inspector, a Deputy Chief
Inspector and and Inspector under this Act;]
2*[(cc) “economiser” means any part of a feed-pipe that is wholly or partially
exposed to the action of flue gases for the purpose or recovery of waste heat;
(ccc) “feed-pipe” means any pipe or connected fittings wholly or partly under
pressure through which feed water passes directly to a boiler and which does
not form a integral part thereof;]
(d) “owner“ includes any person using a boiler as agent of the owner thereof
and any person using a boiler which he has hired or obtained on loan from the
owner thereof;
(e) “prescribed” means prescribed by regulations or rules made under this Act; 3 [(f) “steam-pipe” means any pipe through which steam passes from a boiler
to a prime mover or other user or both, if –
(i) the pressure at which steam passes through such pipe exceeds
3.5 kilograms per square centimetre above atmospheric pressure; or
(ii) such pipe exceeds 254 millimeters in internal diameter;
and includes in either case any connected fitting of a steam-pipe;]
(g) “Structural alteration addition or renewal” shall not be deemed to include
any renewal or replacement of a petty nature when the part or fitting used for
replacement is not inferior in strength, efficiency or otherwise to the replaced
part or fitting.
1. Subs. By Act 18 of 1960, s. 2, for cl. ©
2. Subs. By Act 34 of 1947, s. 2, as amended by Act 40 of 1949, s. 3 and
Sch. Li, for the former cl. (cc) which was ins. By Act 17 of 1943, s.2.
3. Subs. by Act 18 of 1960, s. 2, for cl. (f)
1[2A. 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.]
2 [2B. Every reference in this Act to boiler or boilers (except in clause (ccc) of
section 2, 3***4***) shall be deemed to include also a reference to an
economiser or economiser, respectively.]
Application of Act to
economiser
3.(1) Nothing in this Act shall apply in the case of any boiler or steam-pipe— Limitation of
Application
7 of 1884
1 of 1917
(a) in any steam-ship as defined in section 3 of the 5
Indian Steam-ships Act, 1884, or in any steam-vessel
as defined in section 2 of the Inland Steam-vessels Act,
1917; or
6[(b) belonging to, or under the control of, the Army,
Navy or Air Force; or]
7[© appertaining to a sterlizer or disinfector of a type
such as is commonly used in hospitals, if the boiler does
not exceed 8(Ninety-one litres) in capacity.]
(2) The 9(Central Government) may, by notification in
the Official Gazette, declare that the provision of this
Act shall not apply in the case of boilers of steam-pipes,
or of any specified class of boilers or steam-pipes,
belonging to or under the control of any railway
administered 10[by the 11(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.
1. Ins. By Act 17 of 1943, s. 3.
2. Ins by Act 34 of 1947, s. 3.
3. The words, brackets, letters and figures “clause (e)
of section 6, clauses © and (d) of section 11, clause (d)
of section 29” omitted by Act 25 of 1952, s.2.
4. The words and figures, “and section 34” omitted by
Act 18 of 1960, s. 3.
5. See now the Indian Merchant Shipping Act, 1923
(21 of 1923), s. 2.
6. Subs. by Act 38 of 1952, s. 2, for the former clause
7. Added by Act 5 of 1942, s. 2.
8. Subs. by Act 18 of 1960, s. 4, for “twenty gallons”
9. Subs. by the A.O. 1948, for “Safety Controlling
Authority”.
10. Subs. by the A.O. 1937, for “by the Government”.
11. Subs. by the A.O. 1948, for “Federal Railway
Authority”.
Railways Act, 1890 9 of 1890
Power to limit extent
Chief Inspector, Dy.
Chief Inspector and
Inspector
4. The 2(State Government) may, by notification in the
Official Gazette, exclude any specified area from the
operation of all or any specified area from the operation
of all or any specified provisions of this Act.
3[5.(1) The state Government may appoint such
persons as it thinks fit to be Inspectors for the State for
the purposes of this Act, and may define the local limits
within which each Inspector shall exercise the powers
and perform the duties conferred and imposed on
Inspectors by or under this Act.
(2) The State Government may appoint such persons as
it thinks fit to be the Deputy Chief Inspectors for the
State any may define the local limits within which each
Deputy Chief Inspector shall exercise his powers and
perform his duties under this Act.
(3) Every Deputy Chief Inspector may exercise the
powers and perform the duties conferred and imposed
on inspectors by or under this act and, in addition
thereto, may exercise such powers or perform such
duties conferred or imposed on the Chief Inspector by
or under this Act, as the State Government may assign
to him.
(4) The State Government shall appoint a person to be
Chief Inspector for the State who may, in addition to
the powers and duties conferred and imposed on the
Chief Inspector by or under this Act, exercise any power
or perform any duty so conferred or imposed on Deputy
Chief Inspectors or Inspectors.
(5) Subject to the provisions of this Act, the Deputy
Chief Inspectors and Inspectors shall exercise the
powers and perform the duties conferred and imposed
on them by or under this Act under the general
superintendence and control of the Chief Inspector.
1. Second paragraph ins. By the A.O. 1937,
omitted by the A.O. 1948.
2. The words “G.G. in C.” have been successively
amended by the A.O. 1937 and the A.O. 1950 to read
as above.
Subs. by Act 18 of 1960, s. 5, for s.
6) The Chief Inspector, Deputy Chief Inspectors and
Inspectors may offer such advice as they think fit to
owners regarding the proper maintenance and safe
working of boilers.
(7) The Chief Inspector and all Deputy Chief Inspectors
and Inspectors shall be deemed to be public servants
within the meaning of section 21 of the Indian Penal
Code.]
6. Save as otherwise expressly provided in this Act, no
owner of a boiler or permit it to be used ---
(a) unless it has been registered in accordance with
the provisions of this Act;
(b) in the case of any boiler which has been
transferred from one State to another, until the transfer
has been reported in the prescribed manner;
(c) unless a certificate or provisional order
authorising the use of the boiler is for the time being in
force under this Act;
(d) at a pressure higher than the maximum pressure
recorded in such certificate or provisional order;
(e) where the State Government has rules requiring
that boilers shall be in charge of persons holding
1(certificates of proficiency or competency), unless the
boiler is in charge of a person holding the certificate
required by such rules:
Provided that any boiler registered, or any boiler
certified or licensed, under any Act hereby repealed
shall be deemed to have been registered or certified, as
the case may be, under this Act.
2* * * * * *
7.(1) The owner of any boiler which is not registered
under the provisions of this Act (may apply to the
Inspector to have the boiler registered). Every such
application shall be accompanied by the prescribed fee.
1. Subs. by Act 18 of 1960, s. 6, for “certificate of
competency”.
2. Proviso rep. by Act 34 of 1939, s. 3 and Sch. II.
(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 day’s notice of
the date so fixed.
(3) On the said date the Inspector shall proceed to
measure and examine the boiler and to determine in the
prescribed manner the maximum pressure, if any, at
which such boiler may be used, and shall report the
result of the examination to the Chief Inspector in the
prescribed form.
(4) The Chief Inspector, on receipt of the report, may –
(a) register the boiler and assign a register n umber
thereto either forthwith or after satisfying himself that
any structural alteration, addition or renewal which he
may deem necessary has been made in or to the boiler
or any steam-pipe attached thereto, or
(b) refuse to register the boiler:
Provided that where the Chief Inspector refuses to
register a boiler, he shall forthwith communicate his
refusal to the owner of the boiler together with the
reasons therefor.
(5) The Chief Inspector shall, on registering the boiler,
order the issue to the owner of a certificate in the
prescribed form authorising the 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:
1[Provided that a certificate issued under this sub-
section in respect of an economiser 2(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.]
1. Added by Act 34 of 1947, s. 4.
2. Ins. by Act 18 of 1960. S. 7
(6) The Inspector shall forthwith convey to the owner of
the boiler the orders of the Chief Inspector and shall in
accordance therewith issue to the owner any certificate
of which the issue has been ordered, and, where the
boiler has been registered, the owner shall within the
prescribed period cause the register number to be
permanently marked thereon in the prescribed manner.
8.(1) A certificate authorising the use of a boiler shall
cease to be in force ----
(a) on the expiry of the period for which it was
granted; or
(b) when any accident occurs to the boiler; or
(c) when the boiler is moved, the boiler not being a
vertical boiler the heating surface of which is less than
*(18.58 square meters), or a portable or vehicular
boiler; or
(d) when any structural alteration, addition or
renewal is made in or to any steam-pipe attached 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 made in or to
any steam-pipe attached to the boiler; or
(f) on the communication to the owner of the boiler
of an order of the Chief Inspector or Inspector
prohibiting its use on the ground that it or any steam-
pipe attached therto is in a dangerous condition.
Renewal of
certificate
(2) Where an order is made under clause (f) of sub-
section (1), the grounds on which the order is made
shall be communicated to the owner with the order.
(3) When a certificate ceases to be in force, the owner
of the boiler may apply to the Inspector for a renewal
thereof for such period not exceeding twelve months as
he may specify in the application
1. Subs. by Act 18 of 1960, s. 8 for “two hundred
square feed.”
1[Provided that where the certificate relates to an
economiser 2(or an unfired boiler which forms an
integral part of a processing plant in which steam is
generated solely by the use of oil, asphalt or bitumen as
a heating medium), the application for its renewal may
be for a period not exceeding twenty-four months.]
(4) An application under sub-section (3) shall be
accompanied by the prescribed fee and, on receipt
thereof, the Inspector shall fix a date, within thirty days
or such shorter period as may be prescribed from the
date of the receipt, for the examination of the boiler and
shall give the owner thereof not less than ten days’
notice of the date so fixed:
Provided that, where the certificate has ceased to be in
force owing to the making of any structural alteration,
addition or renewal, the Chief Inspector may dispence
with the payment of any fee:
3[Provided further that in the case of an economiser or
of an unfired boiler which forms an integral part of a
processing plant in which steam is generated solely by
the use of oil, asphalt or bitumen as a heating medium,
the date fixed for its examination shall be within sixty
days from the date of the receipt of the application and
the owner shall be given not less than thirty days’
notice of the date so fixed.]
(5) On the said date the Inspector shall examine the
boiler in the prescribed manner, and if he is satisfied
that the boiler and the steam-pipe or steam-pipes
attached thereto are in good condition shall issue a
renewed certificate 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 it in accordance with the regulations
made under this Act:
1. Added by Act 34 of 1947, s. 5.
2. Ins. by Act 18 of 1960, s. 8.
3. Subs. by Act 18 of 1960, s. 8, for the second
proviso which was added by Act 34 of 1947, s. 5.
1[Provided that a renewed certificate issued under this
sub-section in respect of an economiser 2( or of an
unfired boiler which forms an integral part of a
processing plant in which steam is generated solely by
the use of oil, asphalt or bitumen as a heating medium)
may authorise its use for a period not exceeding twenty
four months:]
Provided 1(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 boiler is not fit for use,, the
Inspector shall, within forty-eight hours of making the
examination, inform the owner of the boiler in writing of
his opinion and the reasons therefor, and shall forthwith
report the case for orders to the Chief Inspector.
(6) The Chief Inspector, on receipt of a report under
sub-section (5) may, subject to the provisions of this
Act and of the regulations made hereunder, order the
renewal of the certificate in such terms and on such
conditions, if any, as he thinks fit, or may refuse to
renew it:
Provided that where the Chief Inspector refuses to
renew a certificate, he shall forthwith communicate his
refusal to the owner of the boiler, together with the
reasons therefor.
(7) Nothing in this section shall be deemed to prevent
an owner of a boiler for applying for are renewed
certificate therefor at any time during the currency of a
certificate.
1. Ins. by Act 34 of 1947, s.5.
2. Ins by Act 18 of 1960, s. 8.
9.Where the Inspector reports the case of any boiler to
the chief Inspector under sub-section (3) of section 7 or
sub-section (5) of section 8, he may, if the boiler is not
a boiler the use of which has been prohibited under
clause (f) of sub-section (1) of section 8, grant to the
owner thereof a provisional 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.
Use of boiler pending
grant of certificate.
9 (1) Notwithstanding anything herein before contained,
when the period of a certificate relating to a boiler has
expired, the owner shall, provided that he has applied
before the expiry of that period for a renewal of the
certificate, be entitled to use the boiler at the maximum
pressure entered in the former certificate pending the
issue or 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.
Revocation of
certificate or
provisional order
9. The Chief Inspector may be any time withdraw or
revoke any certificate or provisional order on the report
of an Inspector or otherwise---
(a) if there is reason to believe that the certificate or
provisional order has been fraudulently obtained or has
been granted erroneously or without sufficient
examination; or
(b) if the boiler in respect of which it has been
granted has sustained injury or has ceased to be in
good condition: or
(c) where the State Government has made rules
requiring that boilers shall be in charge of persons
holding 1(certificate of proficiency or competency), if
the boiler is incharge of a person not holding the
certificate required by such rules; or
(d) where no such rules have been made, if the
boiler is in charge of a person who is not having regard
to the condition of the boiler, in the opinion of the chief
Inspector competent to have charge thereof:
Provided that where the Chief Inspector withdraws or
revokes a certificate or provisional order on the ground
specified in clause (d), he shall communicate to the
owner of the boiler his reasons in writing for the
Alterations and
renewals to boilers
withdrawal or revocation, and the order shall not take
effect until the expiry of thirty days from the receipt of
such communication.
11. 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.
12 Before the owner of any boiler registered under
this Act makes any structural alteration, addition or
renewal in or to any steam-pipe attached to the boiler,
he shall transmit to the Chief Inspector a report in
writing of his intention, and shall send therewith such
particulars of the proposed alteration, addition or
renewal as may be prescribed.
Alterations and
renewals to steam-
pipes
13. (1) On any date fixed under this Act for the
examination of a boiler, the owner thereof shall be
bound ----
(a) to afford to the Inspector all reasonable facilities
for the examination and all such information as may
reasonably be required of him:
Duty of owner at
examination
Subs. by Act 18 of 1960. S. 9. For “certificates of
competency
(a) to have the boiler properly prepared and ready
for examination in the prescribed manner; and
(b) in the case of an application for the registration of
a boiler, to provide such drawings, specifications,
certificates and other particulars as may be prescribed.
(2) If the owner fails, without reasonable cause, to
comply with the provisions of sub-section (1, the
Inspector shall refuse to make the examination and
shall report the case to the Chief Inspector who shall,
unless sufficient cause to the contrary is shown, require
the owner to file a fresh application under section 7 or
section 8, as the case may be, and may forbid him to
use the boiler notwithstanding anything contained in
section 10.
Production of
certificates, etc
14. The owner of any boiler who holds a certificate or
provisional order relating thereto shall, at all reasonable
times during the period for which the certificate or order
is in force, be bound to produce the same when called
upon to do so by a District Magistrate, Commissioner of
Police or Magistrate of the first class having jurisdiction
in the area in which the boiler is for the time being, or
by the Chief Inspector or by an Inspector or by
Inspector appointed under the Indian Factories Act,
1911, 1 or by any person specially authorised in writing
by a District Magistrate or Commissioner of Police.
12 of 1911
Transfer of certificates,
etc.
15. 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
Power of entry
order.
16. 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 thereunder has been or is being
observed, at all reasonable times enter any place or
building within the limits of the area for which he has
been appointed in which he has reason to believe that a
boiler is in use.
See now the Factories Act, 1948 (63 of 1948).
17 (I) If any accident occurs to a boiler or steam-
pipe the owner or person in charge thereof shall, within
twenty-four hours of the accident, report the same in
writing to the Inspector. Every such report shall contain
a true description of the nature of the accident and of
the injury, if any, caused thereby to the boiler or to the
steam-pipe or to any person, and shall be in sufficient
detail to enable the Inspector to judge of the gravity of
the accident.
(2) Every person shall be bound toanswer truly to
the best of his knowledge and ability every question put
to himin writing by the Inspector as to the cause, nature
or extent of theaccident.
Report of accidents.
18. 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.
Appeals to Chief
Inspector
1 9. Any person considering himself aggrieved by an
original or appellateorder 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
Appeals to appellate
authority
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, additional or renewal in or to a boiler,
may, within thirty days of the communication to him of
such order, lodge with the Chief Inspector an appeal to
an appellate authority to be constituted by the State
Government under this Act.
Power of Central Govt.
to revise order of
appellate authority.
Finality of orders.
1(20A.(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 regulation made under this Act may, within two
months of the communication to him of such order,
make an application to the Central Government for the
a revision of the 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 relevant records
and other information from the appellate authority and
considering the observations, if any, of the authority on
the application and after 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
made under this Act are to be dealt with during the
examination of the boiler.)
2(21. An order of the Central Government under section
20A and, save as otherwise provided in sections 19, 20
and 20A, an order of an appellate authority, or of the
Chief Inspector, or of a Deputy Chief Inspector, or of an
Inspector, shall be final and shall not be called in
question in any court).
1. Ins. by Act 18 of 1960 s.10
2. Subs. by s.11, ibid. for s.21
22. 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
Minor penalties
boiler a certificate or provisional order as required by
section 16,
Shall be punishable with fine which may extend to five
thousand rupees.
23. 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 twenty
thousand rupees and, in the case of continuing offence,
with an additional fine which may extend to five
thousand rupees for each day after the first day in
regard to which he is convicted of having persisted in
the offence.
Penalties for illegal
use of boiler
24. Any person who –
(a) uses or permits to be used a boiler of which he is
the owner and which has been transferred from one
State to another without such transfer having been
reported as required by section 6, or
(b) being the owner of a boiler fails to cause the
register number allotted to the boiler under this Act to
be marked on the boiler as required by sub-section (6)
of section 7, or
(c) makes any structural alteration, addition or
renewal in or to a boiler without first obtaining the
sanction of the Chief Inspector when so required by
section 12, or to a steam-pipe without first informing
the Chief Inspector, when so required by section 13, or
(d) fails to report an accident to a boiler or steam-
pipe when so required by section 18, or
(e) tampers with a safety valve of a boiler so as to
render it inoperative at the maximum pressure at which
the use of the boiler is authorised under this Act, 1[or
(f) allows another person to go inside a boiler
without effectively disconnecting the same in the
prescribed manner from any steam or hot water
connection with any other boiler or from fuel mains,]
shall be punishable with fine which may extend to five
hundred rupees.
Other penalties
Penalties for tempering
with register mark.
25. (1) Whoever removes, alters, defaces, renders
invisible or otherwise tampers with the register number
marked on a boiler in accordance with provisions of this
Act or any Act repealed hereby, shall be punishable with
fine which may extend to five hundred rupees.
(2) Whoever fraudulently marks upon a boiler a register
number which has not been allotted to it under this Act
or any Act repealed hereby, shall be punishable with
imprisonment which may extend to two years, or with
fine or with both.
Limitationand previous
sanction for
prosecutions.
26. No prosecution for an offence made punishable by
or under this Act shall be instituted except within
2(twenty-four months) from the date of the commission
of the offence, and no such prosecution shall be
instituted without the previous sanction of the chief
Inspector.
Trial of offences 27. No offence made punishable by or under this Act
shall be tried by a Court inferior to that of a Presidency
Magistrate or a Magistrate of the first class.
1. Ins. by Act 18 of 1960, s. 12.
2. Subs. by s. 13, ibid., for “six months”
1[ 27A.(1) A Board to be called the Central Boilers
Board shall be constituted to exercise the powers
conferred by section 28.
2[(2) The Board shall consist of the following members,
namely ---
(a) such number of members including the Chairman,
not exceeding fifteen, as the Central Government may
nominate in the prescribed manner to represent that
Government, the Union territories, the railways, the coal
industry, the Indian Standards Institution, the boiler
manufacturing industry, the users of boilers and, any
other interests which, in the opinion of the Central
Government, ought to be represented on the Board;
(b) a senior technical officer conversant with the
inspection and examination of boilers, to be nominated
by the Government of each State (other than a Union
territory).
(3)Any vacancy occurring in the Board 3* * *
shall be filled as soon as may be by a nomination made
by the authority by whom the member vacating office
was nominated.
4[(4)The Board shall have full power to regulate by
means of by-laws or otherwise its own procedure and
the conduct of all business to be transacted by it, the
constitution of committees and sub-committees of
members and the delegation to them of any of the
powers and duties of the Board].
(5)The powers of the Board may be exercised
notwithstanding any vacancy in the Board.]
CentralBoiler Board.
28. The 5(Board) may, by notification in the 6(Gazette
of India, make regulations consistent with this Act for all
or any of the following purposes, namely:--
1. Ins. by Act 11 of 1937, s. 4
2. Subs. by Act. 18 of 1960, s. 14, for sub-section
(2)
3. Certain words, brackets, letter and figure
omitted by s. 14, ibid.
4. Subs. by s.14, ibid., for sub-section (4)
5. Subs. by Act 11 of 1937, s. 5, for “G.G. in C.”
6. The words “Gazette of India” stand unmodified.
See the A.O. 1937.
Power of Central
Government to
makerule
(a) for laying down the standard conditions in respect
of material, design and construction which shall be
required for the purpose of enabling the registration and
certification of a boiler under this Act;
1[(aa) for prescribing the circumstances in which, the
extent to which, and the conditions subject to which
variation from the standard conditions laid down under
clause (a) may be permitted:]
(b) for prescribing the method of determining the
maximum pressure at which a boiler may be used;
(c) for regulating the registration of boilers,
prescribing the fees payable therefor 2(and for the
inspection and examination of boilers or parts thereof),
the drawings, specification, certificates and particulars
to be produced by the owner, the method of preparing a
boiler for examination, the form of the Inspector’s
report thereon, the method of marking the register
number, and the period within which such number is to
be marked on the boiler;
(d) for regulating the inspection and examination for
boilers and steam-pipes, and prescribing forms of
certificates therefor;
(e) for ensuring the safety of persons working inside
a boiler; and
(f) for providing for any other matter which is not, in
the opinion of the 3(Board), a mater of merely local or
State importance.
4(28A. (1) The Central Government may by notification
in the Official Gazette, make rules to provide for -------
(a) the procedure to be followed in making
applications under section 20A and the fees payable in
respect of such applications;
1. Ins. by Act 11 of 1937, s. 5.
2. Ins. by Act 18 of 1960, s. 15
3. Subs. by Act 11 of 1937, s. 5, for “G.G. in C”
4. Ins. by Act 18 of 1960, s. 16.
(a) any matter relating to the nomination of
members under clause (a) sub-section (2) of section
27-A.
(2) Every rule made under sub-section(1) shall be laid
as soon as may be after it is made before each House of
Parliament while it is in session for a total period of
thirty days which may be comprised in one session or in
two successive sessions, and if before the expiry of the
session in which it is so laid or the session immediately
following, both House agree in making any, modification
in the rule or both Houses agree that the rule should not
be made, the rule shall thereafter have effect only in
such modified form or be of no effect, as the case may
be, so however, that any such modification or
annulment shall be without prejudice to the validity of
anything previously done under that rule.]
Power to make rules
Power to make rules
29. The State Government may, by notification in the
Official Gazette, make rules consistent with this Act and
the regulations made there under for all or any of the
following purposes, namely:-
(a) for prescribing the qualifications and duties of
the Chief Inspector 1(of Deputy Chief Inspector) and of
Inspectors, 2* * * for prescribing or constituting
authorities to which they shall respectively be
subordinate and the limits of the administrative control
to be exercised by such authorities;
(b) for regulating the transfer of boilers;
(c) for providing for the registration and certification
of boilers in accordance with the regulations made
under this Act;
(d) for requiring boilers to be in charge of persons
holding 3(certificates of proficiency or competency), and
for prescribing the conditions on which such certificates
Power to make rules
may be granted;
(e) for prescribing the times within which Inspectors
shall be required to examine boilers under section 7 or
section 8;
1. Ins. by Act 18 of 1960, s. 17
2. The words “for regulating their salary,
allowances and conditions of service” omitted by the
A.O. 1937.
Subs. by Act 18 of 1960, s. 17, for “certificates of
competency
[(f) for prescribing the fees payable for the issues of
renewed certificates, for the inspection and examination
of boilers or parts thereof or drawings for steam-pipes,
for the testing of welders or for any other matter which,
in the opinion of the State Government, would involve
time and labour, and for prescribing the method of
determining the amount of such fees in each case;]
(g) for regulating inquires into accidents,
(h)for constituting the appellate authority referred to in
session 20, and for determining its powers and
procedures;
(i)for determining the mode of disposal of fees, costs
and penalties levied under this Act; and
(j) generally to provide for any matter which is, in the
opinion of the State Government, a matter of merely
local importance in the State.
2* * * * * *
Penalty of breach of
rule
30. Any regulation of rule made under section 28 or
section 29 3(may direct that a person contravening such
regulation or rule shall be punishable, in the case of a
first offence, with fine which may extend to one
hundred rupees and in the case of any sub-sequent
offence, with fine which may extend to one thousand
rupees.]
Publication of
regulations and rules.
31 .(1) The power to make regulations and rules
conferred by sections 28 and 29 shall be subject to the
condition of the regulations and rules being made after
previous publication
4(2) Regulations and rules so made shall be published
in the Gazette of India and the local official Gazette,
respectively, and, on such publication, shall have effect
as if enacted in this Act.
1. Subs. by Act 18 of 1960,s.17 for cl. (f)
2. Proviso omitted by the A.O. 1937
3. Subs. by Act 18 of 1960, s. 18, for certain
words.
4. Sub-Section (2) stands unmodified. Se the A.O.
1937.
1[ 31A. The Central Government may give such
directions as it may deem necessary to a State
Government regarding the carrying into execution of the
provisions of this Act, and the State Government shall
comply with such directions.]
32. All fees, costs and penalities levied under this Act
shall be recoverable as arrears of land-revenue.
33. Save as otherwise expressly provided, this Act shall
apply to boilers and steam-pipes belonging to the
Government.
34. 2[(1) The State Government may, by notification in
the Official Gazette, exempt from the operation of this
Act, subject to such conditions and restrictions as it
thinks fit, any boilers of classes or types of boilers used
exclusively for the heating of buildings or the supply of
hot water.]
3[(2) In case of any emergency the State Government
may, by general or special order in writing, exempt any
boilers or steam-pipes or any class of boilers or steam-
pipes or any boiler or steam-pipe from the operation of
all or any of the provisions of this Act.
(3)If the State Government is satisfied that, having
regard to the material, design or construction of boilers
and to the need for the rapid industrialisation of the
country, it is necessary to do so, it may, by notification
in the Official Gazette and subject to such conditions
and restrictions as may be specified class of boilers of
steam-pipes in the whole or any part of the State, from
the operation of all or any of the provisions of this Act.]
35.[Repeal of enactments] Rep. by the Repealing Act,
1927 (12 of 1927), s. 2 and Sch. THE SCHEDULE –
[Enactments repealed] Re. By s. 2 and Sch., ibid.
1. Ins. by Act 18 of 1960, s. 19.
2. The original s. 34 renumbered as sub-section
(2) of that section and sub-section (1) ins. by Act 9 of
1929, s. 3.
Subs. by Act 18 of 1960, s. 20, for sub-section (2)
The Indian Boilers Act, 1923 is presently undergoing
major amendments. The Rules and Regulations
presently in force will also undergo major changes after
the Act is amended. The salient features of the
Amendments include:
(i) Introduction of Third Party Inspection of
boiler during manufacture, erection and use;
(ii) Periodicity of inspection of boiler during
use (Operating Certificate);
(iii) Introduction of Efficiency criteria;
(iv) Change of Constitution of Central Boilers
Board;
(v) Change of Procedure of Appeals; and
(vi) Enhancement of Penalties.