Section 39
Section 39 of the Boilers Act, 1923. Subs. by Act 49 of 2007, S. 9(c), for: "(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 b
Subs. by Act 49 of 2007, S. 9(c), for: "(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 renewed certificate issued under this sub-section in respect of an economiser 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 heating medium 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.".
Provided further that the Competent Person shall, within forty-eight hours of making the examination, inform the owner of the boiler or boiler component any defect in his opinion and the reasons therefor and shall forthwith report the case to the Chief Inspector.] 40[(5A) The Competent Person may for the purpose of inspection under this section charge such fee as may be prescribed by regulations.] (6) The Chief Inspector, on receipt of a report under sub-section (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. soda 9. Provisional orders Where the Inspector reports the case of any boiler to the Chief Inspector under sub-section (3) of section 7 41[ *** ], he 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 on 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.
Section 39, The Boilers Act, 1923 (Act 5 of 1923).
Questions about Section 39
How do I find court cases under Section 39 of the Boilers Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Boilers Act 1923 39, section 39 Boilers Act 1923, section 39 of the Boilers Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
When was the Boilers Act enacted?
Boilers Act was enacted in 1923 as Act 5 of 1923. India Code records no commencement date for it. It is in force as at the date shown on this page.
Other sections of this Act
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/72bbc467-d449-45e5-85d6-0e869f70b3b5.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/cee08fc6-3c15-4392-a5ce-6d49158f1a4a/content). This page is not a substitute for legal advice.