S.1 Short title, extent and commencement

       (1) This Act may be called the Indian Boilers Act, 1923.
       1[(2) It extends to the whole of India 2[except the State of Jammu and Kashmir].]
       (3) It shall come into force on such date3 as the Central Govern­ment may, by notification in the Official Gazette, appoint.
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       1.   Subs. by the A.O. 1950, for sub-section (2).
       2.   Subs. by the Act 3 of 1951, sec. 3 and Sch., for “except Part B States”.
       3.   Came into force on 1-1-1924, vide Notification No. A-61, dated 4th December, 1923, see Gazette of India, 1923, Pt. I, p. 1695.
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S.2 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;
       1[(aa) “Board” means the Central Boilers Board constituted under section 27A;]
       (b) “boiler” means any closed vessel exceeding 2[22.75 litres] in capacity which is used expressly for generating steam under pressure 3[***] and includes any mounting or other fitting at­tached to such vessel, which is wholly or partly under pressure when steam is shut off;
       4[(c) “Chief Inspector”, “Deputy Chief Inspector”, and “Inspec­tor” mean, respectively, a person appointed to be a Chief Inspec­t

S.2(b) Application of Act to economisers

       Every reference in this Act to a boiler or boilers [except in clause (ccc) of section 2, 2[***] 3[***] shall be deemed to include also a reference to an economiser or economisers, respectively.]
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       1.   Ins. by Act 34 of 1947, sec. 3.
       2.   The words, “clause (e) of section 6., clauses (c) and (d) of section 11, clause (d) of section 29” omitted by Act 25 of 1952, sec. 2 (w.e.f. 6-3-1952).
       3.   The words and figures “and section 34” omitted by Act 18 of 1960, sec. 3 (w.e.f. 6-5-1960).
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S.2(a) Application of Act to feed pipes

       Every reference in this Act [except where the word “steam-pipe” is used in clause (f) of section 2] to a steam-pipe or steam-pipes shall be deemed to include also a reference to a feed-pipe or feed-pipes, respectively.]
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        1. Ins. by Act 17 of 1943, sec. 3
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S.3 Limitation of application

       (1) Nothing in this Act shall apply in the case of any boiler or steam-pipe—
        (a) in any steam-pipe as defined in section 3 of the 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 4[ninety-one litres] in capacity.]
       (2) The 5[Central Government] may, by notification in the Offi­cial Gazette, declare that the provisions of this Act shall not apply in the case of boilers or steam-pipes, or any specified class of boilers or steam-pipes, belonging to o

S.4 Power to limit extent

       The 1[State Government] may, by notification in the Official Gazette, exclude any specified area from the operation of all or any specified provisions of this Act.
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       1.   The words “Governor-General in Council” have been successively amended by the A.O. 1937 and the A.O. 1950 to read the above.
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S.5 Chief Inspector, Deputy Chief Inspectors and Inspectors

       (1) The State Government may appoint such persons as it thinks fit to be Inspectors for the State for the purposes of 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 ma

S.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 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 made rules requiring that boilers shall be in charge of persons holding 1[certificates of proficiency or

S.7 Registration

       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 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 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.
       

S.8 Renewal of certificate

       (1) A certificate authorising the use of a boiler shall cease to be in force—
       (a) on the expiry of the period for which it was granted; or
       (b) when any accident occurs to the boiler; or
       (c) when the boiler is moved, the boiler not being a vertical boiler the heating surface of which is less than 1[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 boil

S.9 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 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) o

S.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.

S.11 Revocation of certificate or provisional order

       The Chief Inspector may at any time withdraw or revoke any certificate or provisional order on the report of an Inspector or otherwise—
       (a) if there is reason to believe that the certificate or provi­sional order has been fraudulently obtained or has been granted erroneously or without sufficient examination; or
       (b) if the boiler in respect of which it 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[certificates of proficiency or competency], if the boiler is in charge 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 perso

S.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.

S.13 Alterations and renewals to steam-pipes

       Before the owner of any boiler registered under this Act makes any structural alteration, addition or renewal in or to any steam-pipe attached to the boiler, he shall transmit to the Chief Inspector a report in writing of his intention and shall send therewith such particu­lars of the purposed alteration, addition or renewal as may be prescribed.

S.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

S.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 (12 of 1911)1, or by any person specially authorised in writing by a District Magistrate or Commissioner of Police.
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        1. See now the Factories Act, 1948 (63 of 1948).
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S.16 Transfer of certificates, etc

       If any person becomes the owner of a boiler during the period for which a certificate or provisional order relating thereto is in force, the preceding owner shall be bound to make over to him the certificate or provisional order.

S.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.

S.18 Report of accidents

       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.

S.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.

S.20(a) Power of Central Government to revise order of appellate authority

       (1) Any person considering himself aggrieved by an order of the appellate authority refusing under section 20 to interfere with an order not to register a boiler or not to grant or renew a certificate in respect thereof on the ground that the boiler does not conform to the regulations made under this Act may, within two months of the communication to him of such order, make an application to the Central Government for a revision of that order on the ground that such boilers are in use in other countries.
       (2) Upon the receipt of such an application, the Central Govern­ment may, after calling for relevant records and other informa­tion from the appellate authority and considering the observa­tions, if any, of that authority on the application and after obtaining such technical advice as the Central Government may consider necessary, pass such order in relation to the applica­tion, as

S.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 validity for the full period applied for; or
       (c) refusing to grant a certificate authorising the use of a boiler at the maximum pressure desired; or
       (d) withdrawing or revoking a certificate or provisional order; or
       (e) reducing the amount of pressure specified in any certificate or the period for which such certificate has been granted; or
       (f) ordering any structural alteration, addition or renewal to be made in or to a boile

S.21 Finality of orders

       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.]
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        1. Subs. by Act 18 of 1960, sec. 11, for section 21 (w.e.f. 6-5-1960).
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S.22 Minor penalties

       Any owner of a boiler who refuses or with­out reasonable excuse neglects—
       (i) to surrender a provisional order as required by section 9, or
       (ii) to produce a certificate or provisional order when duly called upon to do so under section 15, or
       (iii) to make over to the new owner of a boiler a certificate or provisional order as required by section 16,
       shall be punished with fine which may extend to one hundred rupees.
       state amednments
       Gujarat.—In section 22, for the words “one hundred rupees”, substitute the words ”two hundred rupees”.
       [Vide Gujarat Act 19 of 1990, sec. 2 (w.e.f. 8-11-1990)].

S.23 Penalties for illegal use of boiler

       Any owner of a boiler who, in any case in which a certificate or provisional order is required for the use of the boiler under this Act, uses the boiler either without any such certificate or order being in force or at a higher pressure than that allowed thereby, shall be punishable with fine which may extend to five hundred rupees, and, in the case of a continuing offence, with an additional fine which may extend to one hundred rupees for each day after the first day in regard to which he is convicted of having persisted in the offence.
       State Amendment
       Gujarat.—In section 23,—
        (1) for the words “five hundred rupees”, substitute the words “one thousand rupees”.
        (2) for the words “one hundred rupees”, substitute the words “fiv

S.24 Other penalties

       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 1[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
&n

S.25 Penalty for tampering with register mark

       (1) Whoever re­moves, alters, defaces, renders invisible or otherwise tampers with the register number marked on a boiler in accordance with the 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.
       State Amendment
       Gujarat.—In section 25, in sub-section (1), for the words “five hundred rupees”, substitute the words “one thousand rupees”.
       [Vide Gujarat Act 19 of 1990, sec. 5 (w.e.f. 8-11-1990)].

S.26 Limitation and previous sanction for prosecutions

       No prosecution for an offence made punishable by or under this Act shall be instituted except within 1[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.
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        1.    Subs. by Act 18 of 1960 sec. 13, for “six months” (w.e.f. 6-5-1960).
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S.27(a) Central Boilers Board

       (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).]
   

S.27 Trial of offences

       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.

S.28(a) Power of Central Government to make rules

       (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; and
       (b) any matter relating to the nomination of members under clause (a) of sub-section (2) of section 27A.
       (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 2[ in two or more successive ses­sions, and if, before the expiry of the session immediately fol­lowing the session or the successive sessions aforesaid], both Houses agree in making any modification in the rule or both Houses agree that the rule

S.28 Power to make regulations

       1[(1)] The 2[Board] may, by notification in the 3Gazette of India, make regulations con­sistent with this Act for all or any of the following purposes, namely:—
       (a) for laying down the standard conditions in respect of materi­al design and construction which shall be required for the pur­pose of enabling registration and certification of a boiler under this Act;
       4[(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 5[and for the i

S.29 Power to make rules

       1[(1)] The State Government may, by notification in the Official Gazette, make rules consistent with this Act and the regulations made thereunder for all or any of the following purposes, namely:—
       (a) for prescribing the qualifications and duties of the Chief Inspector, 2[of Deputy Chief Inspectors] and of Inspectors 3[***] 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 4[certificates of proficiency

S.30 Penalty for breach of rules

       Any regulation or rule made under section 28 or section 29 1[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 subsequent offence, with fine which may extend to one thousand rupees].
       State Amendment
       Gujarat.—In section 30,—
        (1) for the words “one hundred rupees”, substitute the words “two hundred rupees”.
        (2) for the words “one thousand rupees”, substitute the words “two thousand rupees”.
       [Vide Gujarat Act 19 of 1990, sec. 6 (w.e.f. 8-11-1990)].
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S.31(a) Power of Central Government to give directions

       The Central Government may give such directions as it may deem neces­sary to a State Government regarding the carrying into execution of the provisions to this Act, and the State Government shall comply with such directions.]
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        1. Ins. by Act 18 of 1960, sec. 19 (w.e.f. 6-5-1960).
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S.31 Publication of regulations and rules

       (1) The power to make regulations and rules conferred by sections 28 and 29 shall be subject to the condition of the regulation and rules being made after previous publication.
       1(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.
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        1. Sub-section (2) stands unmodified by the A.O. 1937.
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S.32 Recovery of fees etc

       All fees, costs and penalties levied under this Act shall be recoverable as arrears of land-revenue.

S.33 Applicability to the Government

       Save as otherwise expressly provided, this Act shall apply to boilers and steam-pipes belong­ing to Government.

S.34 Exemptions

       1[(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 or classes or types of boilers used exclusively for the heating of buildings or the supply of hot water.]
       2[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 so to do, it may, by notification in the Official Gazette and sub­ject to such conditions and restric

S.35 Repeal of enactments

       [Rep. by the Repealing Act, 1927 (12 of 1927), sec. 2 and Sch.]

Sch Enactments repealed

       [Rep. by the Repealing Act, 1927 (12 of 1927), sec. 2 and Sch.].