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INDIAN BOILERS ACT

Ministry of Law and Justice

Act nº 5 of 1923


  • Schedules
  • Amending Acts
  • Act nº 5 of 1923

Preamble

THE INDIAN BOILERS ACT, 1923

[Act, No. 5 of 1923]

[AS ON 1956]

[23rd February, 1923]

PREAMBLE

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 1. Short title, extent and commencement

(1) This Act may be called the 1[* * *] Boilers Act, 1923.

{Subs. by the A.O.1950 for the former sub-section (2)}.

[(2) lt extends to the whole of India Subs. by Act 3 of 1951 for "except Part BStates". [except the State of Jammu and Kashmir].]

(3) It shall come into force on such date {1st January, 1924, see Notification No.A-61, dated the 4th December, 1923, Gazette of India, 1923, Pt. l, p.1695}.as the Central Government may, by notification in the Official Gazette, appoint.

1. Omitted the word "Indian" by the Indian Boilers (Amendment) Act, 2007 [Act No. 49 of 2007].


Section 2. Definitions

In this Act, unless is anything repugnant in the subject or context,---

8[(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;]

4[(aa) "Board" means the Central Boilers Board constituted under section 27A;]

9[(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;]

2[(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 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;]

6[(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 7[which] does not form an integral part thereof;]

10[(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" 11[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;

12[ 3[(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;]

13[(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. Substituted for "five gallons" by the Indian Boilers (Amendment) Act, 1960, w.e.f. 06-05-1960.

2. Substituted for "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;" by the Indian Boilers (Amendment) Act, 1960, w.e.f. 06-05-1960.

3. Substituted for "Steam-pipe" means any pipe through which steam passes from a boiler to a prime-mover or other user of both if:- (i) the pressure at which steam passes through such pipe exceeds 3.5 kilograms per square centimeter 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;" by the Indian Boilers (Amendment) Act, 1960, w.e.f. 06-05-1960.

4. lns. by Act 11 of 1937, s.3.

5. The words "for use outside such vessel" omitted by Act 9 of 1929, s.2.

6. Subs. by Act 34 of 1947, s.2, for the former cl. (cc).

7. lns. by Act 40 of 1949, s.3 and Sch ll.

8. Clause (a) substituted by the Indian Boilers (Amendment) Act, 2007 [Act No. 49 of 2007]. Prior to substitution the text was as follows:

"(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;"

9. Clause (b) substituted by the Indian Boilers (Amendment) Act, 2007 [Act No. 49 of 2007]. Prior to substitution the text was as follows:

"(b) "boiler" means any closed vessel exceeding 1[22.75 Liters] five gallons in capacity which is used expressly for generating steam pressure 5[* * *]and includes any mounting or other fitting attached to such vessel, which is wholly or partly under pressure when steam is shut off;"

10. Inserted by the Indian Boilers (Amendment) Act, 2007 [Act No. 49 of 2007].

11. Substituted by the Indian Boilers (Amendment) Act, 2007 [Act No. 49 of 2007] for the words "includes any person".

12. Clause (f) substituted by the Indian Boilers (Amendment) Act, 2007 [Act No. 49 of 2007]. Prior to substitution the text was as follows:

"(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;'."

13. Clause (g) substituted by the Indian Boilers (Amendment) Act, 2007 [Act No. 49 of 2007]. Prior to substitution the text was as follows:

"(g) "structural alteration, addition or renewal" shall not be deemed to includes 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 of fitting."


Section 2A. Application of Act to feed-pipes

{lns. by Act 17 of 1943, section.3} 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 of feed-pipes, respectively.]

Section 2B. Application of Act to economisers

{lns. by Act 34 of 1947, section.3.} Every reference in this Act to a boiler or boilers (except in clause (ccc) of section 2, {The word "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.}1[***] shall be deemed to include also a reference to an economiser or economisers, respectively.]

1 . Words "and Section 34" omitted by the Indian Boilers (Amendment) Act, 1960, w.e.f. 06-05-1960.


Section 3. Limitation of application

8[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.]

1. See now the Indian Merchant Shipping Act, 1923 (21 of 1923), s.2.

2. Subs. by Act 38 of 1951, s.2.or the former cl.

3. Added by Act 5 of 1942, s.2.

4. For such notification, see Gazette of India, 1952, Pt. ll Sec.3, p.1067.

5. Subs. by the A.O.1937, for "by the Government".

6. Subs. by the A.O.1948, for "Federal Railways Authority".

7. Substituted for "Twenty gallons" by the Indian Boilers (Amendment) Act, 1960, w.e.f. 06-05-1960.

8. Section 3 substituted by the Indian Boilers (Amendment) Act, 2007 [Act No. 49 of 2007]. Prior to substitution the text was as follows:

"(1) Nothing in this Act shall apply in the case of any boiler or steam-pipe---

(a) in any steam-ship as defined in section 3 of the 1Indian 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

2[(b) belonging to ,or under the control of, the Army, Navy or Air Force; or]

3[(c) appertaining to a sterilizer or disinfector of a type such as is commonly used in hospitals, if the boiler does not exceed 7[ninety one liters] in capacity.]

(2) The Central Government may, by notification4 in the 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 administered 5[by the 6[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)."



Section 4. Power to limit extent

The State Government may, by notification in the Official Gazette, exclude {The Andaman and Nicobar Island have been excluded from the operation of the provisions of this Act, See Notification No. G (B)-10, dated the 21st June, 1924, Gazette of India, 1924, Pt. l, page 585.} any specified area from the operation of all or any specified provisions of this Act.

Section 4A. Technical Adviser

1[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.]

1. Inserted by the Indian Boilers (Amendment) Act, 2007 [Act No. 49 of 2007].


Section 4B. Welders certificate

1[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.]

1. Inserted by the Indian Boilers (Amendment) Act, 2007 [Act No. 49 of 2007].


Section 4C. Conditions precedent for manufacture of boiler land boiler component

1[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.]

1. Inserted by the Indian Boilers (Amendment) Act, 2007 [Act No. 49 of 2007].


Section 4D. Inspection during manufacture

1[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.]

1. Inserted by the Indian Boilers (Amendment) Act, 2007 [Act No. 49 of 2007].


Section 4E. Inspection during erection

1[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.

1. Inserted by the Indian Boilers (Amendment) Act, 2007 [Act No. 49 of 2007].


Section 4F. Conditions precedent for repairing boiler and boiler component

1[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.]

1. Inserted by the Indian Boilers (Amendment) Act, 2007 [Act No. 49 of 2007].


Section 5. Chief Inspectors, Deputy Chief Inspector and Inspectors

1[5. Chief Inspectors, Deputy Chief Inspector 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 power 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.

2[(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 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 are to be dealt with during the examination 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 (45 of 1860).'']

1 . Substituted for Section 5 by the Indian Boilers (Amendment) Act, 1960, w.e.f. 06-05-1960 Prior to Substitution Section 5 stood as follows

"5. Appointment of Chief Inspectors and Inspectors.- (1) The State Government may appoint such persons as it thinks fit to be Inspector 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 Inspector by or under this Act. (2) The State Government shall likewise appoint a person to be Chief Inspector for the State, who, may, in addition to the powers and duties." Substituted for "Certificates of Competency"

2. Inserted by the Indian Boilers (Amendment) Act, 2007 [Act No. 49 of 2007].


Section 6. Prohibition of use of unregistered or uncertificated 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;

(c) unless a certificate or provisional order authorizing 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 3[Central Government] has made rules requiring that boilers shall be in charge of persons holding 2[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:

1[* * *]

1. Proviso omitted by Act 34 of 1939, s.3 and Sch. ll.

2. Substituted for "Certificates of competency" by the Indian Boilers (Amendment) Act, 1960, w.e.f 06-05-1960.

3. Substituted by the Indian Boilers (Amendment) Act, 2007 [Act No. 49 of 2007] for the words "State Government".