Section 82

Section 82 of the Boilers Act, 1923. Cl. (ea) to (ep) ins. by Act 49 of 2007, S.

Cl.

(ea) to (ep) ins. by Act 49 of 2007, S. 25(iii), w.e.f. 27.5.2008. Note: After clause (ed), instead of (ee), (ef) is published in Gazette.

(en) drawings specification, documents and other particulars which owner of a boiler is required to make available to the Competent Person;

(eo) the manner in which a person may be authorised to conduct energy audit and the manner in which such audit shall be conducted;

(ep) the manner in which disputes between the States with respect to registration of boilers shall be resolved;] and (f) for providing for any other matter which is not, in the opinion of the 83[Board], a matter of merely local or State importance. 84[(2) Every regulation made under this Act shall be laid, as soon as may be after it is made before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid both Houses agree in making any modification in the regulation or both Houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation.] dia 85[28A. Power of Central Government to make rules 86[(1) The Central Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act. (1A) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :- (a) In procedure to be followed in making applications under section 20A and the fees payable in respect of such application;

(b) the qualifications and experience of persons to be appointed as Chief Inspectors, Deputy Chief Inspectors and Inspectors;

(c) the manner in which appeals may be preferred to the Board, the fees payable in respect of appeals and the procedure to be followed of disposing such appeals;

(d) the term of office of the members and the manner in which they shall be nominated under clauses (b) and (c) of sub-section (2) of section 27A;

(e) the qualifications and experience of the Technical Adviser; 83 Subs. by Act 11 of 1937, S. 5, for "Governor-General in Council". . 84 Ins. by Act 4 of 1986, S. 2 and Sch. (w.e.f. 15.5.1986). . 85 Ins. by Act 18 of 1960, S. 16 (w.e.f. 6.5.1960). . 86 Subs. by Act 49 of 2007, S. 26, for . "(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 under section 20A and the fees payable in respect of such applications; and (b) any matter relating to the nomination of members under clause (a) of sub-section (2) of section 27A", w.e.f. 27.5.2008.

(f) for requiring boilers to be under the charge of persons holding certificate of proficiency or competency and for prescribing the conditions on which such certificate may be granted;

(g) the manner in which and the person who shall conduct inquiry into the accident.] (2) Every rule made under sub-section (1) shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or 87[ in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid] both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] 29. Power to make rules 88[(1)] 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 the following purposes, namely :- 89[(a) the powers and duties of the Chief Inspector, Deputy Chief Inspectors and Inspectors;] (b) for regulating the transfer of boilers;

(c) for providing for the registration and certification of boilers in accordance with the regulations made under this Act; 90 **** 1 (e) for prescribing the times within which Inspectors shall be required to examine boiler under section 7 or section 8; 91[(f) fee payable for registration of boilers;] (g) for regulating inquiries into accidents; 92[(h) the manner in which appeals shall be preferred to the Chief Inspector and the procedure to be followed for hearing such appeals;] and

Section 82, The Boilers Act, 1923 (Act 5 of 1923).