Act

Salient Features of Boilers Act 1923

Boilers Act, 1923 governs the registration and safe use of boilers at the user end in India. It is a Central Act implemented by the State Governments.

1. Definition of Boiler: <Sec. 2(b)> “boiler” means a pressure vessel in which steam is generated for use external to itself by application of heat which is wholly or partly under pressure when steam is shut off but does not include a pressure vessel (i) with capacity less than 25 litres (such capacity being measured from the feed check valve to the main steam stop valve); (ii) with less than one kilogram per centimetre square design gauge pressure and working gauge pressure; or (iii) in which water is heated below one hundred degrees centigrade. <Sec. 2(b)>

[NOTE: This means that if a boiler has less than 25 L volumetric capacity, even if it generates steam at a pressure 1 kg/sq.cm.(g) or above, it is out of purview of Boilers Act. This also means that if a boiler generates steam at a pressure less than 1 kg/sq.cm.(g), even if it has a volumetric capacity of 25 L or more, it is out of purview of Boilers Act.]

2. Definition of Steam Pipe: <Sec. 2(f)> “steam pipe” means any pipe through which steam passes if (i) the pressure at which steam passes through such pipe exceeds 3.5 kilogram per square centimetre above atmospheric pressure, or (ii) such pipe exceeds 254 millimetre in internal diameter and the pressure of steam exceeds 1 kilogram per square centimetre above atmospheric pressure, and includes in either case any connected fitting of a steam-pipe. <Sec. 2(f)>

[NOTE: This means that if a steam piping, irrespective of its size, carries steam at a pressure 1 kg/sq.cm.(g) or less, it is out of purview of Boilers Act. This also means that if a steam piping with ID 10” or less carries steam at a pressure 3.5 kg/sq.cm.(g) or less, it is out of purview of Boilers Act.]

3. Definition of Feed Pipe: <Sec. 2(ccc)>"feed-pipe" means any pipe or connected fitting wholly or partly under pressure through which feed water passes directly to a boiler and which does not form an integral part thereof. <Sec. 2(ccc)>

4. Definition of Boiler Component: <Sec. 2(ba)> “boiler component” means steam piping, feed piping, economiser, superheater, any mounting or other fitting and any other external or internal part of a boiler which is subject to pressure exceeding one kilogram per centimetre square gauge. <Sec. 2(ba)>

5. Definition of Owner of a Boiler: <Sec. 2(d)>"owner" includes any person possessing or using a boiler as agent of the owner thereof and any person using a boiler which he has hired or obtained on loan from the owner thereof. <Sec. 2(d)>

6. Definition of Accident: <Sec. 2(a)> “accident” means an explosion of boiler or boiler component, which is calculated to weaken the strength or an uncontrolled release of water or steam therefrom, liable to cause death or injury to any person or damage to any property. <Sec. 2(a)>

7. Prohibition of use of unregistered or uncertificated boiler: <Sec. 6>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;

(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 Central Government has made rules requiring that boilers shall be in charge of persons holding 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. <Sec. 6> 

8. Penalty for illegal use: <Sec. 23> Any owner of a boiler who, in any case in which a certificate or provisional order is required for the use of the boiler under this Act, uses the boiler either without any such certificate or order being in force or at a higher pressure than that allowed thereby, shall be punishable with fine which may extend to one lakh rupees, and, in the case of a continuing offence, with an additional fine which may extend to one thousand rupees for each day after the first day in regard to which he is convicted of having persisted in the offence. <Sec. 23>

9. Other Penalties: <Sec. 24> 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 having been reported as required by section 6, or

(b)  being the owner of a boiler fails to cause the register number allotted to the boiler under this Act to be marked on the boiler as required by sub-section (6) of section 7, or

(c)   makes any structural alteration, addition or renewal in or to a boiler without first obtaining the sanction of the Chief Inspector when so required by section 12, or to a steam-pipe without first informing the Chief Inspector, when so required by section 13, or

(d)  fails to report an accident to a boiler or steam-pipe when so required by section 18, or

(e)   tampers with a safety valve of a boiler so as to render inoperative at the maximum pressure at which the use of the boiler is authorised under this Act, or

(f) allows another person to go inside a boiler without effectively disconnecting the same in the prescribed manner from any steam or hot water connection with any other boiler or from fuel mains,

shall be punishable with imprisonment which may extend to two years or with fine which may extend to one lakh rupees, or with both. <Sec. 24>

10. Penalty for tampering with register mark: <Sec. 25> (1) Whoever removes, alters, defaces, renders invisible or otherwise tampers with the register number marked on a boiler in accordance with the provisions of this Act or any Act repealed hereby, shall be punishable with fine which may extend to one lakh rupees.

(2) Whoever fraudulently marks upon a boiler a register number which has not been allotted to it under this Act or any Act repealed hereby, shall be punishable with imprisonment which may extend to two years, or with fine which may extend to one lakh rupees or with both. <Sec. 25>