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PUNJAB BOILERS AND PRESSURE VESSELS (AMENDMENT) ACT, 2013

An Act to amend the Boilers and Pressure Vessels Ordinance 2002.

[Gazette of Punjab, Extraordinary, 3rd September, 2013]

ACT XX OF 2013

No.PAP-Legis-2(05)/2013/937.-The Punjab Boilers and Pressure Vessels (Amendment) Bill, 2013, having been passed by the Provincial Assembly of the Punjab on 22 August 2013, and assented to by the Governor of the Punjab on 3 September 2013, is hereby published as an Act of the Provincial Assembly of the Punjab.

Preamble.–Whereas it is expedient to amend the Boilers and Pressure Vessels Ordinance, 2002 (CXXI of 2002) for purposes hereinafter appearing;

It is enacted as follows:–

  1. Short title and commencement.–(1) This Act may be cited as the Punjab Boilers and Pressure Vessels (Amendment) Act, 2013.

(2)  It shall come into force at once.

  1. Amendments in Ordinance CXXI of 2002.–In the Boilers and Pressure Vessels Ordinance 2002 (CXXI of 2002), hereinafter referred to as the said Ordinance–

(a)      for the words “Federal Government”, wherever occur, the word “Government” shall be substituted; and

(b)     for the words “Provincial Government”, wherever occur, the word “Government” shall be substituted.

  1. Amendment in Section 1 of Ordinance CXXI of 2002.–In the said Ordinance, in Section 1, in sub-section (2), for the word “Pakistan”, the words “the Punjab” shall be substituted.
  2. Amendment in Section 2 of Ordinance CXXI of 2002.–In the said Ordinance, in Section 2, in sub-section (1)–

(a)      in clause (c), for the word “Federal”, the word “Punjab” shall be substituted;

(b)     for clause (f), the following shall be substituted:–

          “(f)     “Department” means the Industries Department of the Government charged with the enforcement of this Ordinance;“; and

(c)      after clause (h), the following clause (hh) shall be inserted:–

          “(hh)  “Government” means Government of the Punjab;”.

  1. Substitution of Section 3 of Ordinance CXXI of 2002.–In the said Ordinance, for Section 3, the following shall be substituted:–

“3. Limitation of application of this Ordinance.–(1) Nothing in this Ordinance shall apply to–

(a)      any boiler in any steamship or in any mechanically propelled vessel;

(b)     any boiler appertaining to a sterilizer or disinfector and the like used in hospitals, hotels, laboratories and other industries etc, if it does not exceed ninety one liters in capacity;

(c)      any boiler used in relation to the nuclear energy; and

(d)     any boiler or steam-pipe, belonging to or under the control of railway.

(2)  The Government may, by notification in the official Gazette and for reasons to be recorded in writing, declare that provisions of this Ordinance shall not apply in the case of any specified class of boilers or steam-pipes.”

  1. Amendment in Section 6 of Ordinance CXXI of 2002.–In the said Ordinance, in Section 6, for clause (b), the following shall be substituted:–

“(b)    in case of any boiler which has been transferred from another Province or territory until it is registered under this Ordinance;”

  1. Amendment in Section 10 of Ordinance CXXI of 2002.–In the said Ordinance, in Section 10, in sub-section (2), for the words “a Federal emergency”, the words “an emergency” shall be substituted.
  2. Substitution of Section 25 of Ordinance CXXI of 2002.–In the said Ordinance, for Section 25, the following shall be substituted:-

“25.  Punjab Boiler and Pressure Vessels Safety Board.–(1) The Government shall constitute a Board to be called the Provincial Boilers and Pressure Vessels Safety Board for the purposes of this Ordinance which shall consist of the following members:–

(a)      Director Industries of the Government who shall be the Chairperson of the Board;

(b)     an officer not below the rank of Deputy Secretary of the Department;

(c)      Chief Inspector and two Deputy Chief Inspectors nominated by the Government; Chief Inspector shall be the Secretary of the Board;

(d)     one member to be nominated by the Lahore Chamber of Commerce and Industry;

(e)      two members from the manufacturers of boilers and pressure vessels to be nominated by the Government;

(f)      two members from users of boilers and pressure vessels to be nominated by the Government; and

(g)     one member from the insurance companies to be nominated by the Government.

(2)  The Board may regulate its own procedure and the conduct of business to be transacted by it, the constitution of committees and sub-committees of members and the delegation to them of any of the powers and functions of the Board.”

  1. Substitution of Section 26 of Ordinance CXXI of 2002.–In the said Ordinance for Section 26, the following shall be substituted:–

“26.  Ad hoc Technical Committee.–(1) The Government shall constitute a committee to be called the Ad hoc Technical Committee to execute assignments advised by the Board.

(2)  The Ad hoc Technical Committee shall consist of the following members;–

(a)      Chairperson to be nominated by the Government on the advice of the Board;

(b)     one Deputy Director from the Directorate of Industries of the Government;

(c)      one member to be nominated by the Federal Chamber of Commerce and Industry, Islamabad;

(d)     one member to be nominated by the Lahore Chamber of Commerce and Industry;

(e)      one member from the manufacturers of boilers and pressure vessels to be nominated by the Government;

(f)      one member from insurance companies to be nominated by the Board;

(g)     one member from users of boiler and pressure vessels to be nominated by the Government; and

(h)     Chief Inspector who shall be the Secretary of the Committee.”

  1. Substitution of Section 27 of Ordinance CXXI of 2002.–In the said Ordinance, for Section 27, the following shall be substituted:-

“27.  Filling of vacancies.–The Government shall, within sixty days from the date of occurrence of a vacancy, fill the vacancy in the Board or Ad hoc Technical Committee under Section 25 or Section 26.”

  1. Substitution of Section 34 of Ordinance CXXI of 2002.–In the said Ordinance, for Section 34, the following shall be substituted:-

“34.  Application of the Ordinance to the Governments.–Save as otherwise expressly provided, this Ordinance shall be applicable to boilers and pressure vessels belonging to the Government, Federal Government, local government or any other Provincial Government.”

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