The Boilers Act, 1923
An Act to consolidate and amend the law relating to steam-boilers.
An Act to consolidate and amend the law relating to steam-boilers. WHEREAS it is expedient to consolidate and amend the law relating to steam-boilers; It is hereby enacted as follows:-
Section 1. Short title, extent and commencement
(1) This Act may be called the Boilers Act, 1923.
(2) It extends to the whole of Bangladesh.
(3) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint.
Section 2. Definitions
In this Act, unless there is anything repugnant in the subject or context.-
1(aa) "Board" means the Boilers Board constituted under section 27A;
3(cc) "economiser" means any part of feed-pipe that is wholly or partially exposed to the action of flue gases for the purpose of recovery of waste heat;
Application of Act to feed-pipes
52A. Every reference in this Act except where the word "steam-pipe" is used in clause (f) of section 2, to a steam-pipe or steam-pipes shall be deemed to include also a reference to a feed-pipe or feed-pipes, respectively.
Application of Act to economisers
62B. Every reference in this Act to a boiler or boilers [except in clause (ccc) of section 2, clause (e) of section 6, clauses (c) and (d) of section 11, clause (d) of section 29 and section 34 shall be deemed to include also a reference to an economiser or economisers, respectively.]
Section 3. Limitation of application
(1) Nothing in this Act shall apply in the case of any boiler or steam-pipe-
(2) The Government may, by notification in the official Gazette, declare that the provisions of this Act shall not apply in the case of boilers or steam-pipes, or of any specified class of boilers or steam-pipes, belonging to or under the control of 8the railway.
Section 4. Power to limit extent
The Government may, by notification in the official Gazette, exclude any specified area from the operation of all or any specified provisions of this Act.
Section 5. Appointment of Chief Inspector and Inspectors
(1) The Government may appoint such persons as it thinks fit to be Inspectors 9* * * 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 Government shall likewise appoint a person to be Chief Inspector 10* * * who may, in addition to the powers and duties conferred or imposed on the Chief Inspector by or under this Act, exercise any power or perform any duty so conferred or imposed on Inspectors.
(3) 11The Chief Inspector and every Inspector shall be deemed to be a public servant within the meaning of the 12Penal Code.
Section 6. Prohibition of use of unregistered or uncertificated boiler
Save as otherwise expressly provided in this Act, no owner of a boiler shall used the boiler or permit it to be used-
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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.
Section 7. Registration
(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 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 as shall give the owner thereof not less than ten days' notice of the date so fixed.
(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.
(4) The Chief Inspector, on receipt of the report, may-
Provided that where the Chief Inspector refuses to resister a boiler, he shall forthwith communicate his refusal to the owner of the boiler together with the reasons therefor.
(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:
Provided that a certificate issued under this sub-section in respect of an economiser 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 owners shall within the prescribed period cause the register number to be permanently marked thereon in the prescribed manner.
Section 8. Renewal of certificate
(1) A certificate authorising the use of a boiler shall cease to be in force-
(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.
(3) When a certificate ceases to be in force, the owner of the boiler may apply may apply to the Inspector a renewal thereof for such period not exceeding twelve months as he may specify in the application:
Provided that where the certificate relates to an economiser, the application for its renewal may be for a period not exceeding twenty-four months.
(4) An application under sub-section (3) shall be accompanied by the prescribed fee and, on receipt thereof, 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 day's notice of the date so fixed:
Provided that, where the certificate has ceased to be in force owing to the making of any structural alteration, addition or renewal to the Chief Inspector may dispense with the payment of any fee.
Provided further in the case of an economiser, the owner shall be given not less than thirty day's notice of the date fixed for its examination.
(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 a renewed certificate issued under this sub-section in respect of an economiser may authorise its use for a period not exceeding twenty-four months:
Provided further that if the Inspector-
(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.
Section 9. Provisional 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 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 -
and on so ceasing to be in force shall be surrendered to the Inspector.
Section 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 the 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 11. Revocation of certificate or provisional order
The Chief Inspector may at time withdraw or revoke any certificate or provisional order on the report of an Inspector or otherwise-
Provided that where the Chief Inspector withdraws or revokes a certificate or provisional order on the ground specified in clause (d), he shall communicate to the owner of the boiler his reasons in writing for the withdrawal or revocation, and the order shall not take effect until the expiry of thirty days from the receipt of such communication.
Section 12. Alterations 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 sanctioned in writing by the Chief Inspector.
Section 13. Alterations and renewals to steam-pipes
Before the owner of any boiler registered under this Act makes any structural alteration, or renewal in or to any steam-pipe attached to the boiler, he shall transmit to the Chief Inspector a report in writing of his intention, and shall send therewith such particulars of the proposed alteration, addition or renewal as may be prescribed.
Section 14. Duty of owner at examination
(1) On any date fixed under this Act for the examination of a boiler, the owner thereof shall be bound-
(2) If the owner fails, without reasonable cause, to comply with the provisions of sub-section (1), the Inspector shall refuse to make the examination and shall report the case to the Chief Inspector who shall, unless sufficient cause to the contrary is shown, require the owner to file a fresh application under section 7 or section 8, as the case may be, and may forbid him to use the boiler notwithstanding anything contained in section 10.
Section 15. Production 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 certificate or order is in force, be bound to produce the same when called upon do so by a District Magistrate, or Magistrate of the first class having jurisdiction in the area in which the boiler is for the time being, or by the Chief Inspector or by an Inspector or by any Inspector appointed under the 15Factories Act, 1965, or by any person specially authorised in writing by a District Magistrate.
Section 16. Transfer 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 shall be bound to make order to him the certificate or provisional order.
Section 17. Powers 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 regulation or rule made hereunder has been or is being observed, at all reasonable times enter any place or building within the limits of the area for which he has been appointed in which he has reason to believe that a boiler is in use.
Section 18. Report 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 writing to the Inspector. Every such report shall contain a true description of the nature of the accident and of the injury, if any, caused thereby to the boiler or to the steam-pipe or to any person, and shall be in sufficient detail to enable the Inspector to judge of the gravity of the accident.
(2) Every person shall be bound to answer truly to the best of his knowledge and ability every question put to him in writing by the Inspector as to the cause, nature or extent of the accident.
Section 19. Appeals to Chief Inspector
Any person considering himself aggrieved by-
may, within thirty days from the date on which such order or refusal is communicated him, appeal against the order or refusal to the Chief inspector.
Section 20. Appeals to appellate authority
Any person considering himself aggrieved by an original or appellate order of the Chief Inspector-
may, within thirty days of the communication to him of such order, lodge with the Chief Inspector an appeal to an appellate authority to be constituted by the Government under this Act.
Section 21. Finality of orders
An order of an appellate authority under section 20 and, save as otherwise provided in sections 19 and 20, an order of the Chief Inspector or of an Inspector shall be final and shall not be called in question in any Court.
Section 22. Minor penalties
Any owner of a boiler who refuses or without reasonable excuse neglects-
shall be punishable with fine which may extend to 16two thousand taka.
Section 23. Penalties 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 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 17ten thousand taka, and, in the case of a continuing offence, with an additional fine which may extend to 18two thousand taka for each day after the first day in regard to which he is convicted of having persisted in the offence.
Section 24. Other penalties
Any person who -
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20(f) generates steam illegally under pressure in any closed vessel exceeding 22.75 liters in capacity,
shall be punishable with fine which may extend to 21ten thousand taka.
Section 25. Penalty for tampering with register mark
(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 22ten thousand taka.
(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, or with both.
Section 26. Limitation and previous sanction for prosecutions
No prosecution for an offence made punishable by or under this Act shall be instituted except within six months from the date of the commission of the offence, and no such prosecution shall be instituted without the previous sanction of the Chief Inspector.
Section 27. Trial of offences
No offence made punishable by or under this Act shall be tried by a Court inferior to that of a Magistrate of the first class.
Boilers Board
2327A. (1) A Board to be called the Boilers Board shall be constituted to exercise the powers conferred by section 28.
24(2) The Board shall consist of a Chairman and two other members to be appointed by the Government.
(3) [Omitted by section 8 of the Boilers (Amendment) Act, 1990 (Act No. XI of 1990).
(4) The Board shall have full power to regulate by bye-laws or other wise its own procedure and the conduct of all business to be transacted by the Board.
(5) The powers of the Board may be exercised notwithstanding any vacancy in the Board.]
Section 28. Power to make regulations
The Board may, by notification in the official Gazette, make regulations consistent with this Act for all or any of the following purposes, namely:-
25(aa) for prescribing the circumstances in which, the extent to which, and the conditions subject to which variation from the standard conditions laid down under clause (a) may be permitted;
Section 29. Power to make rules
The 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:-
Section 30. Penalty for breach of rules
Any regulation or rule made under section 28 or section 29 may provide that a contravention thereof shall be punishable with fine which may extend to one hundred taka.
Section 31. Publication 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 previous publication.
(2) Regulations and rules so made shall be published in the official Gazette and, on such publication, shall have effect as if enacted in this Act.
Section 32. Recovery of fees, etc.
All fees, costs and penalties levied under this Act shall be recoverable as arrears of land-revenue.
Section 33. Applicability to the Government
Save as otherwise expressly provided, this Act shall apply to boilers and steam-pipes belonging to the Government.
Section 34. Exemptions. Power to suspend in case of emergency
(1) The Government may, by notification in the official Gazette, exempt from the operation of this Act, subject to such conditions and restrictions as it thinks fit, any boilers or classes or types of boilers used exclusively for the heating of buildings or the supply of hot water.
(2) In case of any emergency, the Government may, by general or special order in writing, exempt any boiler or steam-pipe from the operation of all or any of the provisions of this Act.
Section 35. [Repealed]
[Repealed by section 2 and Schedule of the Repealing Act 1927 (Act No. XII of 1927).]