SectionsParticulars
1Short title, extent and commencement
(1) This Act may be called the Indian Boilers Act, 1923. 2[(2) It extends to the whole of India 3[except the State of Jammu and Kashmir].] (3) It shall come in...
2Definition
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 bo...
2AApplication of Act to feed-pipes
Every reference in this Act [except where the word "steam-pipe" is Act used in clause (f) of section 2] to a steam-pipe or steam-pipes shall be deemed to inc...
2BApplication of Act to economizers
Every reference in this Act to a boiler or boilers except in clause (ccc) of section 2, 13[***] 14[***] shall be deemed to include also a reference to an eco...
3Limitation 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 15Indian Steam-ships Act, 1...
4Power to limit extent
The 23[State Government] may, by notification in the Official Gazette, exclude any specified area from the operation of all or any specified provisions of thi...
5Chief 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 limi...
6Prohibition 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 accor...
7Registration
(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 appl...
8Renewal of certificate
(1) A certificate authorizing 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 accide...
9Provisional 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 b...
10Use of boiler pending grant of certificate
(1) Notwithstanding anything hereinbefore contained, when the period pending grant of a certificate relating to a boiler has expired, the owner shall, provide...
11Revocation 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 ...
12Alterations 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...
13Alterations 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, ...
14Duty 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 faciliti...
15Production 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 certifica...
16Transfer 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 s...
17Powers 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...
18Report of accidents
(1) 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...
19Appeals 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 thi...
20Appeals 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 ce...
20APower 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 b...
21Finality 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 th...
22Minor 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 c...
23Penalties 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 uses of the boiler under this Act, uses the boiler eith...
24Other 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 State to another without such transfer...
25Penalty for tampering with register marks
(1) Whoever removes, alters, defaces, renders invisible or otherwise tampers with the register number marked on a boiler in accordance with the provisions of ...
26Limitation and previous sanction for prosecutions
No prosecution for an offence made punishable by or under this Act shall be instituted except within 39[twenty-four months] from the date of the commission of...
27Trial 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. ...
27ACentral Boilers Boards
(1) A Board to be called the Central Boilers Board shall be constituted to exercise the powers conferred by section 28. 41[(2) The Board shall consist of the ...
28Power to make regulations
The 44[Board] may, by notification in the Gazette of India, make regulations consistent with this Act for all or any of the following purposes, namely :- (a) ...
28APower 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 u...
29Power to make rule
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 t...
30Penalty for breach of rules
Any regulation or rule made under section 28 or section 29 54[may direct that a person contravening such regulation or rule shall be punishable, in the case o...
31Publication 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 regulations and rules being made after pr...
31APower 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 thi...
32Recovery of fees etc.
All fees, costs and penalties levied under this Act shall be recoverable as arrears of land-revenue. ...
33Applicability to the Government
Save as otherwise expressly provided, this Act shall apply to boilers and steam-pipes belonging to Government. ...
34Exemption
57[(1) The State Government may, by notification in the Official Gazette, exempt from the operation of this Act, subject to such conditions and restrictions a...
35[Repealed by the Repealing Act, 1927]
The Schedule[Repealed by The Repealing Act, 1927]
Footnotes
1. This Act has been extended to Berar by Act No. 4 of 1941; to Goa, Daman and Diu by Reg. 12 of 1962; to Dadra and Nagar Haveli by Reg. 6 of 1963; to Laccad...
Have a Legal Issue?
Get connected to the Best Lawyers and Chartered Accountants Near You!