Section 23

Section 23 of the Boilers Act, 1923. Sec. 4A to 4F ins. by Act 49 of 2007, S. 5, w.e.f.

Sec. 4A to 4F ins. by Act 49 of 2007, S. 5, w.e.f. 27.5.2008, so far it relates to Section 4A.

(2) On receipt of an application under sub-section (1), the Competent Authority shall follow such procedure for examination and grant of Welders certificate as may be prescribed by regulations.

(3) The Competent Authority may, if satisfied that the person applying for Welders certificate under sub-section (2) has compiled with the conditions precedent for issue of the Welders certificate, issue such certificate, to such person subject to the payment of such fee and such other conditions as may be prescribed by regulations:

Provided that the Competent Authority shall not refuse Welders certificate to any person unless such person is given an opportunity of being heard. 4C. Conditions precedent for manufacture of boiler and boiler component (1) No person shall manufacture or cause to be manufactured any boiler or boiler component, or both unless- (a) he has provided in the premises or precincts wherein such boiler or boiler component, or both are manufactured, such facilities for design and construction as may be prescribed by regulations;

(b) the design and drawings of the boiler and boiler component have been approved by the Inspecting Authority under clause (a) of sub-section (2) of section 4D;

(c) the materials, mounting and fittings used in the construction of such boiler or boiler component, or both conform to the specifications prescribed by regulations; and (d) the persons engaged for welding boiler or boiler component hold Welders certificate issued by a Competent Authority. 4D. Inspection during manufacture (1) Every manufacturer, before commencing manufacture of a boiler or boiler component, shall engage an Inspecting Authority for carrying out inspection at such stages of manufacture as may be prescribed by regulations.

(2) The Inspecting Authority engaged under sub-section (1) shall follow such procedure for inspection and certification of boiler or boiler component as may be prescribed by regulations and after inspection, if it is- (a) satisfied that the boiler or the boiler component conforms to the standards prescribed by regulations, it shall issue a certificate of inspection and stamp the boiler, or boiler component, or both; or (b) of the opinion that the boiler, or boiler component, or both does not conform to the standards prescribed by regulations, it may for reasons to be recorded in writing refuse to issue such certificate:

Provided that no certificate shall be refused unless the Inspecting Authority had directed the manufacturer of the boiler or boiler component, or both in writing to carry out such modifications or rectifications as it deems necessary and the Inspecting Authority is of the opinion that inspite of such direction the manufacturer of the boiler or boiler component, or both did not carry out the direction.

(3) The Inspecting Authority may, for the purposes of inspection under this section, charge such fee as may be prescribed by regulations. 4E. Inspection during erection (1) The owner who proposes to register a boiler under section 7, shall engage an Inspecting Authority for carrying out inspection at the stage of erection of the boiler.

(2) The Inspecting Authority shall follow such procedure for inspection and certification of a boiler or boiler component, or both as may be prescribed by regulations and after inspection if it is- (a) satisfied that the erection of the boiler is in accordance with the regulations, it shall issue a certificate of inspection in such form as may be prescribed by regulations; or (b) of the opinion that the boiler has not been erected in accordance with the regulations, it may for reasons to be recorded in writing, refuse to grant the certificate and shall communicate such refusal to the manufacturer of the boiler or boiler component forthwith:

Provided that no such certificate shall be refused unless the Inspecting Authority had directed the owner in writing to carry out such modifications or rectifications as it deems necessary and the Inspecting Authority is of the opinion that in spite of such direction the owner did not carry out the direction.

(3) The Inspecting Authority may, for the purposes of inspection under this section, charge such fee as may be prescribed by regulations. 4F. Conditions precedent for repairing boiler and boiler component No person shall repair or cause to be repaired any boiler or boiler component or both, unless- (a) he has provided in the premises or precincts, where in such boiler or boiler component or both are being used, such facilities for repairs as may be prescribed by regulations;

(b) the design and drawings of the boiler or boiler component, as the case may be, and the materials, mountings and fittings used in the repair of such boiler or boiler component conform to the regulations;

(c) persons engaged in welding, holds a Welders certificate issued by a Competent Authority;

(d) every user who does not have the in-house facilities for repair of boiler or boiler component shall engage a Boiler Repairer possessing a Boiler Repairer certificate for repair of a boiler or boiler component or both, as the case may be;

(e) every user shall engage a Competent Person for approval of repairs to be carried out in-house or by the repairers.] 24[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 may assign to him.

(4) The State Government shall appoint a person to be Chief Inspector for the State who may, in addition to the powers and duties conferred and imposed on the Chief Inspector by or under this Act, exercise any power or perform any duty so conferred or imposed on Deputy Chief Inspectors or Inspectors. 25[(4A) No person shall be appointed as the Chief Inspector, Deputy Chief Inspector or Inspector unless he possesses such qualifications and experience as may be prescribed by the Central Government.] (5) Subject to the provisions of this Act, the Deputy Chief Inspectors and Inspectors shall exercise the powers and perform the duties conferred and imposed on them by or under this Act under the general superintendence and control of the Chief Inspector.

(6) The Chief Inspector, Deputy Chief Inspectors and Inspectors may offer such advice as they think fit to owners regarding the proper maintenance and safe working of boilers.

(7) The Chief Inspector and all Deputy Chief Inspectors and Inspectors shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).] 6. Prohibition of use of unregistered or uncertified 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; 24 Subs. by Act 18 of 1960, S. 5, for S. 5, w.e.f. 6.5.1960. . . Ins. by Act 49 of 2007, S. 6.

(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 2º[Central Government] has made rules requiring that boilers shall be in charge of persons holding 27[certificates of proficiency or 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. 28[ *** ] 7. Registration (1) The owner of any boiler which is not registered under the provisions of this Act 29[may apply to the Inspector along with such other documents as may be prescribed by regulations 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. 30[(3) On the said date the Inspector shall inspect the boiler with a view to satisfying himself that the boiler has not suffered any damage during its transit from the place or manufacture to the site of erection and forward a report of the inspection along with the documents to the Chief Inspector within seven days.] (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. 26 Subs. by Act 49 of 2007, S. 7, for "State Government". . 27 Subs. by Act 18 of 1960, S. 6, for "certificate of competency", w.e.f. 6.5.1960. . 28 Proviso omitted by Act 34 of 1939, S. 3 and Sch. II. . 29 Subs. by Act 49 of 2007, S. 8(a), for "may apply to the Inspector to have the boiler registered". . 30 Subs. by Act 49 of 2007, S. 8(b), for: . "(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", w.e.f. 27.5.2008.

(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: 31[Provided that a certificate issued under this sub-section in respect of an economiser 32[or of an unfired boiler which forms an integral part of a processing plant in which steam is generated solely by the use of oil, asphalt or bitumen as a heating medium] 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 33[34[20] square metres], or a portable or vehicular boiler; or 35[(d) save as provided in section 12, 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 36[it or any boiler component] 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. 31 Added by Act 34 of 1947, S. 4. . 32 Ins. by Act 18 of 1960, S. 7, w.e.f. 6.5.1960. . 33 Subs. by Act 18 of 1960, S. 8(a), for "two hundred square feet" (w.e.f. 6.5.1960). . 34 Subs. by Act 49 of 2007, S. 9(a)(i), for "18.58", w.e.f. 27.5.2008. . 35 Subs. by Act 49 of 2007, S. 9(a)(ii), for: . "(d) when any structural alteration, addition or renewal is made in or to the boiler; or", w.e.f. 27.5.2008.

Section 23, The Boilers Act, 1923 (Act 5 of 1923).