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BOILERS ACT, 1923
5 of 1923
23rd February, 1923
STATEMENT OF OBJECTS AND REASONS "Under the Devolution Rules the Regulation of boilers is a provincial subject, subject to legislation by the Indian Legislature. There are at present seven Provincial Boiler Acts: some of them were framed many years ago and are out of date. and all of them are inconsistent with each other. The result is that different rules are enforced in different provinces and the anomalous position has been reached that a boiler which is allowed to work up to a certain pressure in one province can only be worked to a much lower pressure when transferred to another province. Further in the interest of safety a boiler required regular inspection in whatever Province it nay be situated and it is wrong that in certain Provinces no boiler law should be in force at all. The object therefore of the present legislation is:- (a) to secure uniformity throughout India in all technical matters connected with boiler regulations e.g., standards of construction, maximum pressure, and (b) to insist on the registration and regular inspection of all boilers throughout India. This object can only be attained by all India Act. with uniform regulations throughout the country; under the Devolution Rules, as explained above, it is the function of the Central Government to promulgate such an Act. (2) The subject being a highly technical one a Committee of three persons including two boiler exports were appointed to examine the existing provincial laws and to put forward proposals for an all India Act, based on the provisions of these laws brought up to date and coordinated. The report of this Committee has been published and the views of Local Governments obtained upon it. The Bill which is now presented to the Assembly is the result of their recommendations as modified after consideration of the views of Local Governments. (3) The only important respect in which the Bill diverges from certain of the existing Acts is with regard to certificated boiler attendants. It is only in a few provinces that boiler attendants are required to possess certificates of competency.
The Industrial Commission recommended that this requirement was unnecessary, a recommendation which the Boiler Laws Committee endorsed, and in which Local Governments including those now insisting on certificates have unanimously agreed." - Gazette of India. 1922, Part V. page 249. Act 38 of 1951.- The boilers and steam-pipes belonging to or under the control of the Indian Navy are at present exempted from the provisions of the Indian Boilers Act, 1923, but not so the boilers and steam-pipes of the Indian Army and Air Force. As the Indian Boilers Act and the Regulations which govern the use of boilers cannot always keep pace with the rapidly changing the technique in the manufacture of boilers abroad, and the Armed Forces may be called upon to use at a very short notice various types of the latest boilers, it is proposed in the present Bill to exempt the Armed Forces as a whole from the operations of the Indian Boilers Act, 1923. -Gaz. of Ind., 24-2-1951, Pt. II. S. 2, p. 76. Act 18 of I960.- The Indian Boilers Act. 1923 (5 of 1923), provides mainly for the safety of life and property of persons from the dangers of explosion and the achievement of uniformity of practice in regard to the operation, inspection and maintenance of boilers. At the time of enactment, the Act was meant for the regulation of small capacity and low pressure Boilers, as then the boiler industry had not then developed sufficiently. Experience of the working of the Act has revealed certain practical difficulties. Apart from this, the progressively increasing industrialisation of the country in recent years has rendered the use of boilers of higher pressures and greater capacities inevitable and the existing Act and regulations are not quite adequate to meet present day requirements, especially in the matter of inspection.
In view of these considerations and of the importance of boiler operation and maintenance, it is proposed to amend the Act suitably. 2, The Central Boilers Board which has been constituted under section 27Aof the existing Act deals mainly with matters concerning the registration and inspection of boilers. Boilers which were hitherto imported are also now being manufactured in India, When dealing with problems concerning the manufacture of boilers, the Board has to t: ke into account, on the one hand, the limitations of indigenous manufacturers in the early stages of the industry, and on the other, the safety and efficiency of boilers. It is, therefore, considered necessary to associate with the Board the interest? of manufacturers also. The association with the Board of other interests, such as the Indian Standards Institution and the coal industry is also considered expedient. Further, it is desirable to ensure that this body consists of men with adequate technical knowledge of boilers and it is therefore proposed to lay down that the nominees of State Government should be technical officers. The Bill accordingly provides for the revised composition of the Board (see clause 14), 3.Section 20of the Act provides for an appeal against the decision of the Chief Inspector to an appellate authority which is to be constituted by each State Government. That authority can exercise its powers only subject to the provisions of the Act and the rules and regulations thereunder and it cannot accept any installation which does not conform to those regulations, i.e., the Indian Boiler Regulations. It often becomes necessary nowadays to admit and instal high pressure boilers as short notice, especially for big projects in the public sector, although such installations do not strictly conform to the Indian Boiler Regulations but are known to be technically sound and in actual use in other countries. If such new types of boilers are required to be admitted only after the regulations are amended, there will be delay, inconvenience and loss. It is, therefore, felt that the Central 31 Government should have power to revise the decisions of the appellate authority in cases where that authority is not in a position to grant or renew certificates of registration in respect or such boilers; but this power will be exercised only in a few cases and that too after taking technical advice. The Bill confers such power on the Central Government (see clause 10). 4. The notes on clauses appended hereto explain, wherever necessary, the other amendments proposed to be made in the Act by the Bill. -Gaz. of Ind., 10-3.1960, Pt. II, S. 2, Ext., p. 129. 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:
SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT
(1) This Act may be called The Indian Boilers Act, 1923.
2[(2) It extends to the whole of India3[except the State of Jammu and Kashmir].] (3) It shall come into force on such date4as the5[Central Government], may by notification in the5[Official Gazette], appoint.
SECTION 02: DEFINITIONS
- In this Act, unless there is anything repugnant in the subject or context,-
(a) "accident" means an explosion of a boiler or steam-pipe or any damage to a boiler or steam pipe which is calculated to weaken the strength thereof so as to render it liable to explode;
6[(aa) "Board" means the Central Boilers Board constituted under section 27A-;]
(b) "boiler" means any closed vessel exceeding10[22.75 litres] in capacity which is used expressly for generating steam under pressure6[* * *] and includes any mounting or other fitting attached to such vessel, which is wholly or partly under pressure when steam is shut off;
(c)10["Chief Inspector", "Deputy Chief Inspector", and "Inspector" mean, respectively, a person appointed to be a Chief Inspector, Deputy Chief Inspector and an Inspector under this Act;]
8[(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 and9[which] does not form an integral part thereof;]
(d) "owner" includes any person using a boiler as agent of the owner thereof ana 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:
(f)10["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 the steam passes through such pipe exceeds 3.5 Kilograms per square centimetre above atmospheric pressure; or
(ii) such pipe exceeds 254 milimetres 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.
SECTION 02A: APPLICATION OF ACT TO FEED-PIPES
- Every reference in this Act, (except where the word 'steam-pipe' is used in clause 10 of Section 2-to a steam-pipe or steam-pipes shall be deemed to include also a reference to feed-pipe or feed-pipes, respectively.]
SECTION 2B: APPLICATION OF ACT TO ECONOMISERS
- Every reference in this Act to a boiler or boilers (except in clause (ccc) of section 2-13[* * *]14[* * *]) shall be deemed to include also, a reference to an economiser or economisers, respectively.].
SECTION 03: LIMITATION OF APPLICATION
(1) Nothing in this Act shall apply in the case of any boiler or steam-pipe-
(a) in any steamship as defined in section 3 of the Indian Steamships Act, 1884, or in any steam-vessel as defined in section 2 of the Inland Steam-vessels Act, 1917; or
15[(b) belonging to, or under the control of, the Army, Navy, or Air Force];16[or
(c) appertaining to a sterlizer or disinfector of a type such as is commonly used in hospitals, if the boiler does not exceed23[ninety one litres] in capacity.]
(2) The17[Central Government] may, by22notification in the18[Official Gazette] declare that the provisions of this Act shall not apply in the case of boilers or steam-pipes, or of any specified class of boilers or steam-pipes, belonging to or under the control of any railways administered19 [by the]20[Central Government] or by any18[State Government] or by any railway company as defined in clause (5) of section 3 of the Indian Railways Act, 1890.21[* * * * *]
SECTION 04: POWER TO LIMIT EXTENT
The25[State Government] may by notification in the25[Official Gazette] exclude24any specified area from the operation of all or any specified provisions of this Act.
SECTION 05: CHIEF INSPECTOR, DEPUTY CHIEF INSPECTORS AND INSPECTORS
(1) The State Government may appoint such persons as it thinks fit to be Inspectors for the State for the purposes of this Act, and may define the local limits within which each Inspector shall exercise the powers and perform the duties conferred and imposed on Inspectors by or under this Act.
(2) The State Government may appoint such persons as it thinks fit-to be Deputy Chief Inspectors for the State and may define the local limits within which each Deputy Chief Inspector shall exercise his powers and perform his duties under this Act.
(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 to conferred or imposed on Deputy Chief Inspectors or Inspectors.
(5) Subject to the provisions of this Act, the Deputy Chief Inspectors and Inspectors shall exercise the powers and perform the duties conferred and imposed on them by or under this Act under the general superintendence and control of the Chief Inspector.
(6) The Chief Inspector. Deputy Chief Inspectors and Inspectors may offer such advice as they think fit to .owners regarding the proper maintenance and safe working of boilers.
(7) The Chief Inspector and all Deputy Chief Inspectors and Inspectors shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code-.
SECTION 06: 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 one28[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 the27[State Government] has made rules requiring that boilers shall be in charge of persons holding28[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:29[* * * * *]
SECTION 07: REGISTRATION
(1) The owner of any boiler which is not registered under the provisions of this Act may apply to the Inspector to have the boiler registered. Every such application shall be accompanied by the prescribed fee.
(2) On receipt of an application under sub-section (1), the Inspector shall fix a date, within thirty days or such shorter period as may be prescribed from the date of the receipt, for the examination of the boiler and shall give the owner thereof not less than ten days' notice of the date so fixed.
(3) On the said date the Inspector shall proceed to measure and examine the boiler 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 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 therefore
(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 economiser32[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 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.
SECTION 08: 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 than34[18.58 square metres], or a portable or vehicular boiler; or
(d) when any structural alteration, addition or renewal is made in or to the boiler; or
(e) if the Chief Inspector in any particular case so directs, when any structural alteration, addition, or renewal is made in or to any steam-pipe attached to the boiler; or
(f) on the communication to the owner of the boiler of an order of the Chief Inspector or Inspector prohibiting its use on the ground that it or any steam-pipe attached thereto is in a dangerous condition.
(2) Where an order is made under clause (f) of sub-section (1), the grounds on which the order is made shall be communicated to the owner with the order.
(3) When a certificate ceases to be in force, the owner of the boiler may apply to the Inspector for a renewal thereof for such period not exceeding twelve months as he may specify in the application:33[Provided that where the certificate relates to an economiser,37[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 dispense with the payment or any fee.38[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 is in accordance with the regulations made under this Act:35[Provided that a renewed certificate issued under this sub-section in respect of an economiser37[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 36[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 boiler is not fit for use, the Inspector shall, within fortyeight hours of making the examination, inform the owner of the boiler in writing of his opinion and the reasons therefore 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 therefore
(7) Nothing in this section shall be deemed to prevent an owner of a boiler from applying for a renewed certificate therefore at any time during the currency of a certificate.
SECTION 09: PROVISIONAL ORDERS
Where the Inspector reports the case of any boiler to the Chief Inspector under sub-section (3) of section 7-or sub-section (5) of section 8-, he may, if the boiler is not a boiler the use of which has been prohibited under clause (f) of sub-section (1) of section 8-, grant to the owner thereof a provisional order in writing permitting the boiler to be used at a pressure not exceeding such maximum pressure as he thinks fit and as is in accordance with the regulations made under the Act pending the receipt of the orders of the Chief Inspector. Such provisional order shall cease to be in force-
(a) on the expiry of six months from the date on which it is granted, or,
(b) on receipt of the orders of the Chief Inspector, or
(c) in any of the cases referred to in clauses (b), (c), (d), (e) and (f) of sub-section (1) of sections, and on so ceasing to be in force shall be surrendered to the Inspector.
SECTION 10: USE OF BOILER PENDING GRANT OF CERTIFICATE
(1) Notwithstanding anything hereinbefore contained, when the period of a certificate relating to a boiler has expired the owner shall, provided that he has applied before the expiry of that period for a renewal of the certificate, be entitled to use the boiler at the maximum pressure entered in the former certificate pending the issue of orders on the application.
(2) Nothing in sub-section (1) shall be deemed to 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.
SECTION 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; 001
(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 the40[State Government] has made rules requiring that boilers shall be in charge of persons holding39[certificate of proficiency or competency,] if the boiler is in charge of a person not holding the certificate required by such rule; 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 of provisional order on the ground specified in clause (d), he shall communicate to the owner of the boiler his reasons in writing for the withdrawal or revocation, and the order shall not take effect until the expiry of thirty days from the receipt of such communication.
SECTION 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.
SECTION 13: ALTERATION AND RENEWALS TO STEAM-PIPES
- Before the owner of any boiler registered under this Act makes any structural alteration, addition or renewal in or to any steam-pipe attached to the boiler, he shall transmit to the Chief Inspector a report in writing of his intention and shall send therewith such particulars of the proposed alteration, addition or renewal as may be prescribed.
SECTION 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 Inspector all reasonable facilities for the examination and all such information as may reasonably be required of him;
(b) to have the boiler properly prepared and ready for examination in the prescribed manner; and
(c) in the case of an application for the registration of a boiler, to provide such drawings, specifications, certificates and other particulars as may be prescribed.
(2) If the owner fails, without reasonable cause, to comply with the provisions of sub-section (1), the Inspector shall refuse to make the examination and shall report the case to the Chief Inspector who shall, unless sufficient cause to the contrary is shown, require the owner to file a fresh application under section 7-orsection 8-, as the case may be, and may forbid him to use the boiler notwithstanding anything contained in section 10-.
SECTION 15: PRODUCTION OF CERTIFICATES, ETC
- The owner of any boiler who holds a certificate or provisional order relating thereto shall, at all reasonable times during the period for which the certificate or order is in force, be bound to produce the same when called upon to do so by a District Magistrate, Commissioner of Police or Magistrate of the first class having jurisdiction in the area in which the boiler is for the time being, or by the Chief Inspector or by an Inspector or by any Inspector appointed under the Indian Factories Act, 1911, or by any person Specially authorised in writing by a District Magistrate or Commissioner of Police.
SECTION 16: TRANSFER OF CERT OF OCATES, ETC
- If any person becomes the owner pf 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.
SECTION 17: POWERS OF ENTRY
- An Inspector may, for the purpose of inspecting or examining a boiler or any steam-pipe attached thereto or of seeing that any provision of this Act or of any regulation or rule made hereunder has been or is being observed, at all reasonable times enter any place or building within the limits of the area for which he has been appointed in which he has reason to believe that a boiler is in use.
SECTION 18: REPORT OF ACCIDENTS
(1) If any accident occurs to a boiler or steam-pipe, the owner or person in charge thereof shall, within twenty-four hours of the accident, report the same in writing to the Inspector. Every such report shall contain a true description of the nature of the accident and of the injury, if any, caused thereby to the boiler 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 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.
SECTION 19: APPEALS TO CHIEF INSPECTOR
Any person considering himself aggrieved by-
(a) an order made or purporting to be made by an Inspector in the exercise of any power conferred by or under this Act, or
(b) a refusal of an Inspector to make any order or to issue any certificate which he is required or enabled by or under this Act to make or issue, may, within thirty days from the date on which such order or refusal is communicated to him, appeal against the order or refusal to the Chief Inspector.
SECTION 20: APPEALS TO APPELLATE AUTHORITY
Any person considering himself aggrieved by an original or appellate order of the Chief Inspector-
(a) refusing to register a boiler or to grant or renew a certificate in respect of a boiler; or
(b) refusing to grant a certificate having
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