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BOILERS ACT, 1923

 

SECTIONS

CONTENTS

 

 

PRELIMINARY

 

1.

Short title, extent and commencement.

 

2.

Definitions.

 

2A.

Application of Act to feed-pipes.

 

2B.

Application of Act to economizers.

 

3.

Limitation of application.

 

4.

Power to limit extent.

 

5.

Appointment of Chief Inspectors and Inspectors.

 

6.

Prohibition of use of unregistered or un-certificated boiler.

 

7.

Registration.

 

8.

Renewal of certificate.

 

9.

Provisional orders.

 

10.

Use of boiler pending grant of certificate.

 

11.

Revocation of certificate or provisional order.

 

12.

Alterations and renewals to boilers.

 

13.

Alterations and renewals to steam-pipes.

 

14.

Duty of owner at examination.

 

15.

Production of certificates, etc.

 

16.

Transfer of certificates, etc.

 

17.

Powers of entry.

 

18.

Report of accidents.

 

19.

Appeals to Chief Inspector.

 

20.

Appeals to appellate authority.

 

21.

Finality of orders.

 

22.

Minor penalties.

 

23.

Penalties for illegal use of boiler.

 

24.

Other penalties.

 

25.

Penalty for tampering with register mark.

 

26.

Limitation and previous sanction for prosecutions.

 

27.

Trial of offences.

 

27A.

Boilers Board.

 

28.

Power to make regulations.

 

29.

Power to make rules.

 

30.

Penalty for breach of rules.

 

31.

Publication of regulations and rules.

 

32.

Recovery of fees, etc.

 

33.

Applicability to the Government.

 

34.

Exemptions.

 

Power to suspend in case of emergency.

35.

[Repealed.]

 

THE SCHEDULE—Repealed.]

 

 

 

 

 

Boilers Act, 1923

ACT No. V OF 1923

[23rd February. 1923]

 An Act to consolidate and amend the law relating to steam-boilers.

 

whereas it is expedient to consolidate and amend the law relating to steam-boilers; It is hereby enacted as follows :—

 

1. Short title. Extent and commencement. — (1) This Act may be called the Boilers Act, 1923.

(2) It extends to the whole of Pakistan.]

(3) It shall come into force on such date as the Federal Government may, by notification in the official Gazette, appoint.

 

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 ;

(aa) “Board” means the 7 Boilers Board constituted under section 27A;

(b) “boiler” means any closed vessel exceeding five gallons in capacity which is used expressly for generating steam under pressure, and includes any mounting or other fitting attached to such vessel, which is wholly or partly under pressure when steam is shut off;

1“(c)     ‘Chief Inspector’, ‘Additional Chief Inspector’, ‘Deputy Chief Inspector’ and ‘Inspector’ mean respectively a person appointed to be a Chief Inspector, an Additional Chief Inspector, a Deputy Chief Inspector and an Inspector under this Act;”.

Legal Amendments

1.      clause (c) substituted by the Boilers (West Pakistan Amendment) Ordinance, 1958.

(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 does not form an integral part thereof;

(d) “owner” includes any person using a boiler as agent of the owner thereof and any person using a boiler which he has hired or obtained on loan from the owner thereof;

(e) “prescribed” means prescribed by regulations or rules made under this Act;

(f) “steam-pipe” means any main pipe exceeding throe inches in internal diameter through which steam passes directly from a boiler to a prime-mover or other first user, and includes any connected fitting of a steam-pipe ; and

(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.

 

2A. Application of Act to feed pipes. Every reference in this Act except where the word “steam-pipe” is used in clause (f) of section2, to a steam-pipe or steam-pipes shall be deemed to include also a reference to a feed-pipe or feed-pipes, respectively.

 

2B. Application of Act to economisers.  Every reference in this Act to a boiler or boilers [except in clause (ccc) of section 2, clause (e) of section 6, clauses (c) and (d) of section 11, clause (d) of section 29 and section 34] shall be deemed to include also a reference to an economiser or economisers, respectively.

 

3. 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 of the Mer­chant Shipping Act, 1923 or in any mechanically propelled vessel as defined in section of the Inland , Mechanically Propelled Vessels Act ; or

(b) belonging to or under the control of [the Pakistan Navy ; or

(c) appertaining to a sterilizer or disinfector of a type such as is commonly used in hospitals, if the boiler docs not exceed twenty gallons in capacity.

(2) The Federal 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 of any specified class of boilers or steam-pipes, belonging to or under the control of any railways

 

4.  Power to limit extent.  The [Provincial Government] may, by notification is the official Gazette], exclude any specified area from the opera­tion of all or any specified provisions of this Act.

 

5. Appointment of chief inspectors and inspectors. — (1) The [Provincial Government] may appoint such persons as it thinks fit to be Inspectors for the Province 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)      (a)          The [Provincial Government] shall likewise appoint a person to be Chief Inspector for the Province, who may, in ad­dition to the powers and duties conferred or imposed on the Chief Inspector by or under this Act, exercise any power »t perform any duty so conferred or imposed on Inspectors.

                     “(b)         The Provincial Government may appoint a person to be an Additional Chief Inspector or Deputy Chief Inspector for a specified area and such Additional Chief Inspector or Deputy Chief Inspector shall have all or any of the powers of Chief Inspector under this Act as the Government may direct and may, in addition to the powers and duties conferred or imposed on him by or under this Act, exercise any power or perform any duty so conferred or imposed on Inspectors;” and

(3) Every Chief Inspector and “Additional Chief Inspector, Deputy Chief Inspector ” shall be deemed to be a public servant within the meaning of the Pakistan Penal Code.

 

6. Prohibition of use of unregistered or un-certificated boiler.  Save as otherwise expressly provided in this Act,  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 Province 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 Provincial Government has made rules requiring that boilers shall be in charge of persons holding certificates of 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 :

 

7. 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 and to determine in the prescribed manner the maximum pressure, if any, at which such boiler may be used, and shall report the result of the examination to the Chief In­spector in the prescribed form.

(4) The Chief Inspector, on receipt of the report, may—

(a)        register the boiler and assign a register 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 therefor.

(5) The Chief Inspector shall, on registering the boiler, order the issue to the owner of a certificate in the prescribed form authorising the use of the boiler for a period not exceeding twelve months at a pressure not exceeding such maximum pres­sure as he thinks fit and as is in accordance with the regulations made under this Act :

Provided that a certificate issued under this sub-section in respect of an economiser 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.

 

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 two hundred square feet, 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 :

Provided that where the certificate relates to an economiser, 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 of any fee:

Provided further that in the case of an, economiser, the owner shall be given not less than thirty days notice of the date fixed for its examination.

(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 :

Provided that a renewed certificate issued under this sub-section in respect of an economiser may authorise its use for a period not exceeding twenty-four months:

Provided further that if the Inspector : — (a) proposes to issue any certificate—

(i) having validity for a less period than the period entered in the application, or

(ii) increasing or reducing the maximum pressure at which the boiler may be used, or

(b) proposes to order any structural alteration, addition or renewal to be made in or to the boiler or any steam-pipe attached thereto, or

(c) is of opinion that the boiler is not fit for use, the In­spector shall, within forty-eight hours of making the examination, inform the owner of the boiler in writing of his opinion and the reasons therefor, and shall forth­with report the case for orders to the Chief Inspector.

(6) The Chief Inspector, on receipt of a report under sub­section (5), may, subject to the provisions of this Act and of the regulations made hereunder, order the renewal of the certificate in such terms and on such conditions, if any, as he thinks fit, or may refuse to renew it :

Provided that where the Chief Inspector refuses to renew a certificate, he shall forthwith communicate his refusal to the owner of the boiler, together with the reasons therefor.

(7) Nothing in this section shall be deemed to prevent an owner of a boiler from applying for a renewed certificate therefor at any time during the currency of a certificate.

 

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, lie 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 oh which it is granted, or

(b) on receipt of the orders of the Chief Inspector, or

(c) in any of the cases referred to in clauses (b), (c), (d), (e) and (f) of sub-section (1) of section 8, and on so ceasing to be in force shall be surrendered to the Inspector.

 

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.

 

11. Revocation of certificate or provisional order.  The Chief Inspector may at any time withdraw or revoke ,3) 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 Provincial Government] has made rules requiring that boilers shall be in charge of persons holding certificates of 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 person who is not, having regard to the condition of the boiler, in the opinion of the Chief Inspector competent to have charge thereof :

Provided that where the Chief Inspector withdraws or revokes a certificate or provisional order on the ground specified in clause (d), he shall communicate to the owner of the boiler his reasons in writing for the withdrawal or revocation, and the order shall not take effect until the expiry of thirty days from the receipt of

 

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.

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