The Indian Boilers Act, 1923

The Indian Boilers Act, 1923 was enacted on 23rd February 1923. It extends to the whole of India except the State of Jammu and Kashmir. This act has its own limitations it will not apply to Steam-pipe as defined in “section 3 of Indian Steamships Act, 1884” or any steam-vessel as defined in “Section 2 of the inland Steam-Vessel Act, 1971” or which belongs to or is under control of “Army, Navy, or Air-force” or appertaining to a sterilizer or disinfector of such type as commonly used in hospitals, if such boiler does not exceed ninety one litres in capacity. If necessary through official gazette notification the Central Government declare that the provisions of this act shall not apply in case of boilers or steam-pipes, or any specified class of boilers or steam-pipes belonging to or under the control of any railways administered by the Central Government or by any State Government or by any railway company as defined in clause (5) of Section 3 of Indian Railways Act, 1890.    Section 2 of the act gives various definitions like “Accident, Board, Boiler, Feed-pipe, Steam-pipe etc.” For this act Boiler defined in, “Section 2 (b): any closed vessel exceeding 22.75 litres 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 is shut off”. In this act except where the word “steam-pipe” is used in section 2 should be considered in reference to “feedpipe or feedpipes” and “boiler or boilers” should be considered in reference to “economiser and economisers”. Here by notifying in the official gazette the State Government may exclude any specified area from the operation of all or any specified provision of this Act.

In accordance to this act the state Government may appoint such person who they fill shall be competent to be Chief Inspector, Deputy Chief Inspector and Inspector for the state and also for purpose of this act, within the local jurisdiction of act each of them shall exercise the powers which are given by this act and also execute the duties which given to them by this act. Deputy Chief Inspector may exercise the power and duties which are imposed on Inspector or Chief inspector when State Government may ask him to perform so under the Act. Both Inspector and Deputy Inspector shall exercise power and duties given to them by this act, should be in superintendence of Chief Inspector. Chief Inspector, Deputy Chief Inspector, Inspector shall offer the advice as needed when to owners relating to preservation and safe working of boilers. As per section 21 of the Indian Penal Code, 1860 all the Inspectors, Chief Inspectors and Deputy Chief Inspector are considered to be public servant.

Owner cannot use boiler until it has been registered in compliance with provision of this act or until if, boiler has been transferred from one state to another and such transfer is been reported in prescribe manner then only the owner can use the boiler, provided if that boiler registered or certified or licensed under any act repeatedly then it is to be considered to be certified or register as the case may be under this act. If owner not registered the boiler then need to file application to Inspector then the Inspector within ten days or so prescribe the examination and at such examination Inspector examine the boiler with certain pressure and send such report to Chief Inspector and then it’s registered for that owner with said pressure for twelve months. The certificate issued to owner can be send to renewal when the period granted is expired or any accident occurs to the boiler. Boiler can be still used even when period expired provided, the owner has applied for renewal before expiry of period then till he receives the renewed certificate owner can user boiler on earlier mentioned pressure. The Chief Inspector can any as he seems fit can withdraw or revoke the certificate or any provisional order. No alteration or structural alteration is granted provided such grant is sanctioned and given in written by Chief Inspector. Owner of any boiler is bound to produce such certificate whenever asked by District Magistrate or Commissioner of police of such jurisdiction.

If any accident is occurred to boiler the owner has to report it within twenty-four hours with full and true description of  such action to Inspector for further examination so that new certificate can be granted. The aggrieved owner can appeal to Chief Inspector and Appellate Authority and Central Government and order by Central Government will be final.

If the boiler is used without certificate or provisional order then owner is punished with fine which may be extended to five hundred rupees and in continuing offence with addition fine which extend to one hundred rupees for each day in regard to which he is convicted of having persisted in the offence. Whoever removes or otherwise tamper with registered number on boiler under such act is punishable with fine which may extend to five hundred rupees and anyone fraudulently marks upon boiler a register number not allotted to him then punishable with imprisonment which may        extend to two years or with fine or both. Any rules or regulation made by Board or Central Government in relating to act is to be followed and if there is breach of any rule shall be punishable, if  it is  first offence then with fine which may extend to one hundred rupees, and in case of any subsequent offence with fine which may extend to one thousand rupees. In case the boiler or steam-pipes belonged to Government then this Act is applicable to them also.