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INDIAN BOILERS (AMENDMENT) ACT 2007

Ministry of Law and Justice

Act nº 49 of 2007


  • Act nº 49 of 2007

Preamble

THE INDIAN BOILERS (AMENDMENT) ACT, 2007

[Act No. 49 of 2007]

[12th December, 2007]

PREAMBLE

An Act further to amend the Indian Boilers Act, 1923.

Be it enacted by Parliament in the Fifty-eighth Year of the Republic of India as follows:--

Section 1. Short title and commencement

(1) This Act may be called the Indian Boilers (Amendment) Act, 2007.

(2) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different provisions of this Act.

1. Enforcement date appointed as 27th day of May, 2008 by the Notification No. SO1226(E) dated 27.05.2008 for the sections 2, 2(1), 2(2), 2(4)(cce), 2(4)(ccf), 2(5), 3(6), 3(7), 4, 5, 8(b), 9(a), 10, 15, 16(a), 17, 20 to 26, 27(ii) to (v), 28 and 29.

2. Effective date for Section 3(2) vide Notification No. SO1226(E) dated 27.05.2008 is denotified vide Notification No. SO3315(E) dated 30.12.2009 up to the 31st day of July, 2010.


Section 2. Amendment of section 1

In section 1 of the Indian Boilers Act, 1923(5 of 1923) (hereinafter referred to as the principal Act), in sub-section (1), the word "Indian" shall be omitted.

Section 3. Amendment of section 2

In section 2 of the principal Act,--

(1) for clause (a), the following clause shall be substituted, namely:--

'(a) "accident" means an explosion of boiler, or boiler 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;';

1[(2) for clause (b), the following clauses shall be substituted, namely:--

'(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 less than 25 litres (such capacity being measured from the feed check valve to the main steam stop valve);

(ii) with less than one kilogram per centimetre square design gauge pressure and working gauge pressure; or

(iii) in which water is heated below one hundred degrees 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;';]

(3) after clause (c), the following clauses shall be inserted, namely:--

'(ca) "Competent Authority" means an institution recognised in such manner as may be prescribed by regulations for issue of certificate to the welders for welding of boiler and boiler components;

(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;';

(4) after clause (ccc), the following clauses shall be inserted, namely:--

'(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;';

(5) in clause (d), for the words "includes any person", the words "includes any person possessing or" shall be substituted;

(6) for clause (f), the following clause shall be substituted, namely:--

'(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;';

(7) for clause (g), the following clauses shall be substituted, namely:--

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

(i) any change in the design of a boiler or boiler component;

(ii) replacement of any part of boiler or boiler component by a part which does not conform to the same specification; or

(iii) any addition to any part of a boiler or boiler component;

(h) "superheater" means any equipment which is partly or wholly exposed to flue gases 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.'.

1. To be effective from 01.08.2010 vide Notification No. S.O. 3315(E) dated 30.12.2009 whereas previous effective date vide Notification No. S.O. 1226(E) was 27.05.2008.


Section 4. Substitution of new section for section 3

For section 3 of the principal Act, the following section shall be substituted, namely:--

"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.".

Section 5. Insertion of new section 4A to 4F

After section 4 of the principal Act, the following sections shall be inserted, namely:--

"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 and 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.

(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 complied 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 land boiler component - (1) No person shall manufacture or cause to be manufactured any boiler or boiler component, or both unless--

(a) he has provided in the premises or precincts wherein such boiler or boiler component, or both are manufactured, such facilities for design and construction as may be prescribed by regulations;

(b) the design and drawings of the boiler and boiler component have been approved by the Inspecting 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 certificate 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 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 on 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 recorded 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 Person for approval of repairs to be carried out in-house or by the repairers.".

Section 6. Amendment of section 5

In section 5 of the principal Act, after sub-section (4), the following sub-section shall be inserted, namely:--

"(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.".

Section 7. Amendment of section 6

In section 6 of the principal Act, in clause (e), for the words "State Government" the words "Central Government" shall be substituted.

Section 8. Amendment of section 7

In section 7 of the principal Act,--

(a) in sub-section (1), for the words "may apply to the Inspector to have the boiler registered", the words "may apply to the Inspector along with such other documents as may be prescribed by regulations to have the boiler registered" shall be substituted;

(b) for sub-section (3), the following sub-section shall be substituted, namely:--

"(3) On the said date the 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 alongwith the documents to the Chief Inspector within seven days.".

Section 9. Amendment of section 8

In section 8 of the principal Act,--

(a) in sub-section (1),--

(i) in clause (c), for the figures "18.58", the figures "20" shall be substituted;

(ii) for clause (d), the following clause shall be substituted, namely:--

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

(iii) in clause (f), for the words "it or any steam pipe", the words "it or any boiler component" shall be substituted;

(b) for sub-section (3), the following sub-section shall be substituted, namely:--

"(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.";

(c) for sub-sections (4) and (5), the following sub-sections shall be substituted, namely:--

"(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.

(5) If the Competent Person is--

(a) satisfied that the boiler and the boiler components attached thereto arc 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 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 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 component, or both did not carry out the direction'

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 and shall forthwith report the case to the Chief Inspector.

(6) The Competent Person may for the purpose of inspection under this section charge such fee as may be prescribed by regulations.".

Section 10. Amendment of section 9

In section 9 of the principal Act, the words, brackets and figures "or sub-section (5) of section 8" shall be omitted.

Section 11. Amendment of section 11

In section 11 of the principal Act,--

(a) in clause (c), for the words "State Government", the words "Central Government" shall be substituted;

(b) clause (d) and the proviso shall be omitted.

Section 12. Amendment of section 12

In section 12 of the principal Act, the following proviso shall be inserted at the end, namely--

"Provided that no such sanction is required where the structural alteration, addition or renewal is made under the supervision of a Competent Person.".

Section 13. Substitution of new section for section 13

For section 13 of the principal Act, the following section shall be substituted, namely: --

"13. Alteration or renewal of boiler component - (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 intention 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.".

Section 14. Amendment of section 14

In section 14 of the principal Act,--

(a) in sub-section (1),--

(i) in clause (a), for the word "Inspector", the words "Competent Person" shall be substituted;

(ii) in clause (b), for the words, "prescribed manner", the words "manner prescribed by regulations" shall be substituted,

(iii) in clause (c), for the words "be prescribed", the words "be prescribed by regulations" shall be substituted;

(b) in sub-section (2), for the word "Inspector", the words "Competent Person" shall be substituted.