Statutory Compliance in

Industries

Prepared by :
R.N.CHAREL.
DOB

Mainly there are two types of statutory Laws applicable to the industry for safety and welfare of Laboures.
Safety Laws (Factory Laws) & Welfare Laws (Labour Laws)
Factory laws Focuses about the safety, Health and Environment aspect, while Labour Laws
concentrated towards welfare and social security measures.

Statutory Laws
in Industries

Factory Laws : (Safety)

1.
2.
3.

Indian Electricity Act 1910

Indian Boiler Act 1923
Factory Act 1948 etc.

Labour Laws : (Welfare)

1.
2.
3.
4.
5.

Workmen Compensation Act - 1923

Payment of wages Act -1936
Provident Fund Act
Industrial Dispute Act - 1947
Indian Trade Union Act - 1926

Laws Administered in Boiler Directorate

Directorate of Boiler has to follow the Central Boiler
Act and regulation rules and State Boiler rules for
the purpose of ensuring safety of public and property

1.
2.
3.
4.
5.
6.

Indain Boilers Act 1923

Indian Boiler Regulation 1950
Gujarat Boilers Rules 1966
Gujarat Economiser Rules 1968
Boiler Operation Engineers Rules 2011
Boiler Attendant Rules 2011
DOB

Formulation of Boiler Act

Evolution Of Boiler,

Boiler came in service in India near 1820, W.P. of the boiler was restricted to
65 PSI at that time to avoid explosion. Boiler were every where in India
around 1900s
We know that boilers have a great potential for causing Loss of life and
damage to property because steam generating water at elevated pressure and
temp. is highly explosive in nature and explodes When its suddenly exposed to
atmospheric conditions due to Failure of Boilers, such explosions causes
destruction of life and property around boilers.
There fore Laws are made to ensure proper design, construction and
maintenance of boilers and there by avoid boiler explosions.
But, We must know background and brief histories of formation of Act and for
enacting Act.
The History of initial Boilers Acts is quiet interesting to know about it. So, I
would like to say that,
What was the situation before boiler Act Formation?
How did Indian boilers Act came in to Force in whole India?
1840-1850 : started industrialization

Before : 1860:-There were no any boiler laws during British India

No statutory binding on boiler owner.
They had their own safety rules of their own interest
In December 1863, A serious boiler explosion was occurred in Calcutta,
which took A lives of 13 people. After that accident,

First boiler legislation in India was introduced as the Bengal Act-1864 for
boiler inspection.
In 1869, The Bombay code was introduced inline with Bengal Act after two
Fatal accident in Bombay ( in 1868-1869 period) Then, Boiler legislation were
introduced one by one in other provinces like Madras, Barma etc. During the
next 40 years.
In 1872 : A small boiler Act passed in Ahmedabad city only after Fatal
accident in 1871-1872.
In 1882 : The boiler explosion Act passed by the British parliament
In 1919 : 7 different Acts or codes were functioning in different provinces area
of the country, Every province had adopted a different definition of a boiler.
In such a way, boiler played most vital role acting as heart in the industries,
But the boilers were found to met with Frequent accident due to faulty design,
construction, materials and operation causing Losses of lives and properties.
To control and check the reoccurrence of such accident, separate Acts and
rules were framed in some parts of India Hence, Govt. of India decided to
introduce a uniform standard through out the British India for the inspection of
Boilers for which a boiler Laws committee constituted in Nove-1920.

1920 : Boiler Law committee set up by Govt.of

India for common rules/regulation s in whole
India.
Boiler Law Committee
President : Mr. Ascoli, I.C.S
Members : (1) Mr. R.P. Adams, O.B.E, A.M.I.E,
C.I.B., Bengal

(2) Mr. D.R. Macin tosh, C.I.B., Bombay

The Committee commenced its tour on the 25th
Nove. 1920 in different provinces of India ( They
visited all the provinces)
They were returned to Delhi on the 20th
Feb.1921.
On 10/3/1921, The committee submitted details
report with draft Act on the basis of that report,

The Indian Boiler Act-1923 came in to force in whole India on

23/2/1923
With Aims to provide for safety of life and property from the danger of
explosion of boilers during use.
It is matter of pride for us that, The subject Boiler is included in the
seventh schedule under the concurrent list of the constitution of India ,
Hence boiler Act is so older than constitution of India
In 1924 The IBR were framed to have uniform Engg.standard in the
whole country I.B.R.-1924 came in to force in respect of material,
design, construction, registration, method of determining person
working pressure, Method of preparing a boiler for examination,
Ensuring the safety of person working inside the boiler, prescribing
forms etc.
In 1937 : Central Boiler Board was formed
After that with the industrialization of our country and getting
independent in the 1947, The I.B.R-1950 was framed in 27 Sept.1947
I.B.R-1950 is not a standard or specifications
I.B.R-1950 is the technical part of boiler Laws containing design,
materials, construction inspection, testing etc.
The Indian Boiler Act 1923 and regulations and rules there under
were made to ensure proper design, manufacture, operation and
maintenance of boilers. IBR-1950 is an exhaustive manufacturing
code, Thus proper design of a boiler provides inbuilt safety to a boiler.
This inbuilt safety to a boiler is ensured by through checking of design
and vigorous inspections during the course of manufacture. Now, Let
us discuss the act by knowing about sailent features

Back ground
Scope of the Act/its application
Definition
Machinery of execution
Important section of the Act and its provisions
Penalties

This Act is perhaps one of the smallest Act

containing 34 sections.
These Includes
Extent of an Act
Definition
Application of Act
Limitations of Act
Power of limit extent
Machinery for executing of Act

Prohibition of use of boiler

Requirments for registration and statutory in use boiler inspection
Certificate of Boiler
Revocation of certificate
Alteration, Renewals to boiler
Duty of Boiler owner at examination of boiler
Production of certificates
Transfer of certificates
Power of Entry
Report of accident
Appeals
Finality of orders
Penalties for non compliance
Prosecution
Authority for making regulation
Power of central Govt.
Power of state Govt.
Penalty for breach of rules and regulations
Recovery of fees
Applicability to the Govt. Boilers
Exemptions from operation of the Act

Definition of Boiler:Old Definition :Boiler means any closed vessel exceeding

22.75 Litres in capacity which is used expressly for
generating steam under pressure and includes any
mounting or other fittings attached to such vessel which is
wholly or partly under pressure when steam is shut off;
But with time and technology, the provisions of the
Indian Boiler Act-1923 have been amended in December2007 by the Central Government. Hence New Boiler Act
(Amendment) 2007 has been in forced for implementation
in whole of India. The important amendments in the said
Act are as under:

Section-1:
From the title Indian Boilers Act-1923 the word Indian will be omitted.
Section-2(a):
The definition of Accident is amended so as to cover death or injury of a person or damage to the
property.
Section-2(b):
New definition of Boiler:
The following are the new features of definition of boiler.
Boiler means a pressure vessels
*
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
* Following pressure vessels not include
*
Having capacity less than 25 Litres.
(Such capacity being measured from the Feed check valve to the main
steam stop valve)
* With design and working gauge pressure less than 1 Kg/Cm OR
* In which water is heated below 100C.
Definition of Boiler has been amended as under.
Boiler means a pressure vessels 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 of but does not include pressure
vessel:

(i) With capacity less than 25 Liters. Such capacity being measured from the
feed check valve to main steam stop valve.
(ii) With less than 1 Kg/Cm design and working gauge pressure OR
(iii) In which water is heated below 100C.
But it is to clarified by the C.B.B after consultation with Ministry of Low by Letter dtd.01/01/2010.
If a pressure vessel falls in any one of the clauses (i),(ii), and (iii) of sub Section (2) of Section 3 of the
Boiler (Amendment) Act-2007 then it is not to be treated as a Boiler.

Section-2(cb):A person recognized to perform duties similar to those of a

boiler inspector will be designated as Competent Person.
Section-2(ccd):Institution will be recognized as Inspecting Authority for inspection and
certification of manufacturing activities in addition to the State Inspectorates.

Section-2(d)
The definition of Owner is amended to include the person processing the
boiler disregarding its use.
Section-2(f)(ii):
Pipe exceeding 254mm internal diameter with steam pressure not exceeding 1
Kg/Sq.cm (gauge) is now excluded from the definition of Steam Pipe.
Section-3: Limitation of Application
This Act shall not apply to:
* Boilers belonging to or under control of the railways.
*
*

Boiler belonging to Steam ships.

Boiler belonging to or under control of the Army, Navy, or Air

force.
A Sterilize disinfector used in Hospitals or Nursing homes having
does not exceed one hundred litres in capacity.

Section-4:
* The State Govt. may by notification in the official gazette exclude any
specified area from the operation of all or any specified provisions of this Act.
Section-4 C:
No person shall manufacture or cause to be manufactured any
boiler or boiler component or both
*

The boiler manufacturer will be required to establish such facilities for design
and construction of boiler as may be prescribed by the regulation.
Section-4 D:

The boiler manufacturer is given option to choose inspecting authority other than
state inspectorate.
Section-4 E:
The boiler owner is given option to choose inspecting authority other than state
Inspectorate for stage wise inspection during erection at site.
Section-4 F:
A boiler owner will be permitted to undertake repairs of his own boiler if he
has established necessary facilities as prescribed under regulation. Though he
will be required to engage a Competent person for approval of repairers, he
(owner) will have option to choose somebody other than state inspectorate

Section-5:
Recruitment rules for officers of the state
inspectorate will be framed by the Central Govt. instead of State Govt.
Section-6: Prohibition of use of unregistered or uncertified boilers
Boiler should not be used if it is ;
*

Not Registered

*
*

Not Transferred from one state to another.

Having not certificate or provisional order for authorizing the use
of boiler.
Boiler not use more than approved W.P in certificate/ provisional order
Boiler not operated by the proficiency or competency certificate holder.
*
Rules for requirement of boiler competency and proficiency certificate
holder to operate boiler will be prescribed by the Central Govt. instead of State
govt. Section-7: Registration
*
Owner may apply to the inspector along with documents/ Registration
fees etc.
*
Inspector shall fix a date within 30 days or shorter period.
*
To give the owner not less than 10 days notice of the fixed date for the
examination of boiler.
*
Inspector shall inspect the boiler on the said date
*
Forward a report of the inspection along with the documents to the
director within 7 days.
*
Director may register the boiler and assign a register number.
*
Order the issue of a certificate for use of boiler for a 12 months.

*
*

Section-8: Renewal of certificate

A Certificate Authorizing the use of a boiler shall cease to be in force:
* On the Expired of the certificate period
* When any accident occurs in the boiler
* When the boiler is moved except a vertical boiler having heating surfaces is less
than 20 Sq. Mtrs. or a portable or vehicular boiler.
* When any structural alteration, addition or renewal is made to the boiler
* If the director in any particular case so direction when any changes to Steam pipes.
* If boiler is in a dangerous condition as prohibiting its use by Director/ Asst.
Director.

The owner is given option to choose competent person other than State Inspector
for Statutory inspection of boiler.

Statutory Inspection is mandatory for every In-use Fired Boiler after 12 months,
while for Waste Heat Boilers and Economisers after 24 months.
Section-8 (4):
* The boiler owner was earlier required to give notice period of 30 days while
applying for statutory inspection, which is now reduced to 15 days.

Section-9:
Issue a provisional order for using of boiler at a pressure not exceeding such
maximum pressure as competent person/ state inspector thinks fit and as in
accordance with the regulation.
Section-10: Use of boiler pending grant of certificate
* Owner has applied before the expiry of that period for renewal of the Certificate,
the owner shall be entitled to use the boiler at the pressure entered in the former
certificate, until the issue of orders on the application.

Section-11: Revocation of certificate or provisional order

Director may at any time withdraw or revoke any certificates on the report of
competent person/ state inspector or other wise
If certificates obtained fraudulently manner, granted erroneously or
without sufficient examination.
* If boiler in defective condition or sustained injury damage.
* If the boiler is not operated by qualified person.
Section-12:
structural alteration, addition or renewal shall be made to any boiler without prior sanction
of Director in writing.
Section-13: Before alteration or renewal of Steam pipes, owner shall transmit a
report in writing to the Director along with particulars of proposal.
Section-14: Duty of owner at examination
On any date fixed for the examination of a boiler, the owner shall be bound.
* To provide all reasonable facilities and information for the examination.
* Have the boiler properly prepared and ready for examination.

To file a fresh application for the examination of boiler.

Section-15: Production of certificate

The owner of boiler shall at all reasonable time be bound to produce
the same, when called upon to do so by:
*
*
*
*
*
*

A District Magistrate.
Commissioner of police.
First class Magistrate having jurisdiction in the area.
By the Director/ Dy. Director/ Asst. Director.
By any inspector appointed under the Factories Act-1948.
By any person specially authorized in writing by a District Magistrate or Commissioner
of Police.

Section-16: If any person becomes the owner of a boiler during the period for a
certificate is in force the preceding owner shall be bound to make over certificate new
owner.
Section-17:- Power of Entry.
An Inspector may at all reasonable times enter any place or building within the limits of
the area for the purpose of inspecting or examining a boiler / Steam pipe under the Act /
Regulations or Rules is being observed.
Section : 18 Report of Accident:
If any accident occurs to a boiler, the owner or person in-charge shall report the same in
writing to the Inspector within 24 hrs. of the accident.
Every person shall be bound to answer truly to the best of his knowledge and ability.
The inquiry of accident is conducted by the Inspector but if any death has resulted due to
any accident. An inquiry may be conducted by such person and in such manner as may
be prescribed by the Central Government.
Section:-19 Appeals to Chief Inspector:
Any person may appeals to Chief Inspector against the order or refusal of an
inspector within 30 days.

Every appeal shall be made in such manner and procedure for disposing as may be
prescribed by the State Government. Section:20- Appeals to Appellate Authority.
Any aggrieved person shall an appeal to the Central Govt. against action
of Chief Inspector within 30 days of the communication of such order.
Refusal of Registration.
Refusing to grant certificate authorizing the use of a boiler at the maximum W.P.
Withdrawing or revoking a certificate or provisional order
Reducing Working Pressure.
Ordering any repairs.
Refusing to grant certificate for the full period applied

Section 20- A Power of Central Govt. to revise order of appellate authority,

Any aggrieved person may make an application to the Central Govt. for
revision of that order of the appellate authority within Two months of the
communication to him of such order.
Central Govt. may after calling for relevant records and other information
from the appellate authority and considering the observation.
Central Govt. may pass such order in relation to the application after obtaining
technical advice and revision is allowed.
Section: 21:- Finality orders :An order of the Central Govt. or of the Chief Inspector or of a Deputy Chief
Inspector or of an Inspector shall be final and shall not be called in question in
any court.
Section :-26 Limitation and previous sanction for prosecution
No prosecution for an offence made punishable shall be instituted except
within 24 months from the date of the commission of the offence.
No such prosecution shall be instituted without the previous sanction of Chief
Inspector.
Section -27 Trial of offences:
No offence made punishable shall be tried by a court inferior to that of a
presidency magistrate or magistrate of the First Class.
i.e. only presidency District Magistrate can take up trial on offence.

Section: 28 : Power to make regulation:

Board may by Notification in the Gazette of India make regulation and
following purposes.
Standard conditions on design, Materials construction, Inspection,
Inspection and Maintenance, erection.
For regulating the Inspection and examination of boilers and
prescribing forms certificates.
For ensuring the safety of persons working inside a boiler.
For prescribing the method of determining the Maximum Pressure.
For prescribing the quail and experience of inspecting authorities,
competent Authorities and competent persons.
Fees for purpose of Inspection or grant of recognition or any certi.
Procedure for examination and grant of welders certificate etc.
Section-29: State Govt. Powers to make rules for the following
purposes
* Power and duties of Director/ Dy. Director/ Asst. Director.
* For regulating the transfer of boiler.
* for providing Registration and certification of Boiler
* Prescribing the time limit for inspection
* Fee payable for Registration of boiler
* For regulating inquiries into accident
* For the manner and the procedure for appeals.
* Mode of disposal fees, cost and penalties.

Section 30:- Penalty for breach of Rules.

A person contravening any Regulation or the Rule shall be punishable
in case of a first offence with fine Rs.1000/- and in the case of any
subsequent offence, with fine which may extend to One lakh rupees.
Section-31:
Publication of regulation and rules shall be published in Gazette of India
and local official Gazette.
Section-31(A):
Power of Central Government to give direction to State Government
regarding execution of the Act, and the State Govt. shall comply with
such directions.
Section: 32All fees, penalties are recoverable as Land revenue.
Section : 33This Act shall applicable to boilers belonging to the
Govt.
Section 34:State Govt, may be notification in the Official Gazette
exempt
boilers From the operation of this Act.
* State importance.
* In case of any emergency in the State.
* Rapid Industrialization of the Country.

Penalty Provision
For

Breach Of Act/ Rules

/ Regulations

Sr.No

Breach of
section/regulation/r
ules

Matter of Offence

Section

Penalty/Imprisonment

Sec.-6(a)

Use of boiler without registration

23

1 Lakh rupees and incase

of continuing offence with
additional Fine Rs.1000/for each day

Sec.-6(b)

To use the boiler without transfer

from other state

24(a)

Shall be punishable two

years imprisonment or with
fine one lakh rupees or
with both

Sec.-6(c)

To use the boiler without certi.or

provisional order

23

1 Lakh rupees and incase

of continuing offence with
additional Fine Rs.1000/for each day

Sec.-6(d)

To use boiler at higher working

pressure than certified

23

As above

Sec.-6(e)
Rule-3 and Rule-4

To use the boiler without

qualified persons

30

In first offence Rs.1000/- In

any subsequent offence :
Rs.100000

Sec.-9(a)

As owner who refuses to

surrender a provisional order
issued u/s.9

22(i)

Sec.-15

The owner of the boiler shall be

bound to produce certificate or
provisional order whenever duly
called by any authorized persons
i.e. District Magistrate,
Commissioner of police, First
class magistrate of jurisdiction
area

22(ii)

Rs.500/- shall be
punishable
As above

Sec.-16

Sec.-7(6)
Reg.382 (a)

10

The Preceding owner shall be

bound to make over the
certificate or provisional
order to the new owner of
boiler

22(iii)

As above

The owner of Boiler fails to

engrave Registration number
allotted to the boiler within
a month from the date of
receipt

24(b)

Shall be punishable two

years imprisonment
or with fine one lakh
rupees or with both

Sec.-12

For unauthorized repairs of

boiler without prior
sanction of the Director

24(c)

Shall be punishable 2 years

imprisonment or with
fine 1 lakh rupees or
with both

11

Sec.-13

For unauthorized steam piping

work without transmit a
report in writing to the
Director

24(c)

As above

12

Sec.-18

The owner/person in charge fails

to report an accident to a
boiler steam pipe in writing
to the inspector within 24
hrs.

24(d)

As above

13

Reg.-380(i)

To Tempers with a safety valve of

a boiler and to render it
inoperative at the maxi.
Working pressure

24(e)

As above

14

Reg.-376(d) and
Reg.396

To allows another persons to go

inside the boiler without
effectively disconnecting the
steam and hot water
connection with any other
boiler or from fuel mains

24(f)

As above

15

Sec.-25(1)

To removes, alters, defaces, or

renders invisible or tempers
with the registration
number marked on boiler

25(1)

Shall be punishable with

fine one lakh rupees

16

Sec.-25(2)

For fraudulently marking a

registry number on a boiler
which is not allotted to it

25(2)

Shall be punishable with

imprisonment two
years, or with fine one
lakh rupees or with
both

A person contravening such

regulation or rule

Sec-30

Shall be punishable with

fine Rs.1000/- in a
first offence and with
fine up to 1 lakh
rupees in the
subsequent offence

17

Regulation or
Rules made
U/S-28 or
U/S-29

18

Regulation 392(7)

The repairer is found indulging

in violating the provision of
the Act/Regulation
knowingly or unknowingly

392(7)

The firm shall be black

listed and renewal
shall not be done in
any case

19

Reg.392(6)

Repairer shall fails to apply for

renewal of their recognition
at least two months before
the expiry of period

Sec.-30

Shall be punishable with

fine Rs.1000/- in a
first offence and with
fine up to 1 lakh
rupees in the
subsequent offence

20

Reg.-606

Welder shall be bound to produce

certificate when called upon to do so by
the inspecting authority, Inspecting
officer or inspector

Reg.617(1)

Shall be punishable with fine up

to Rs.100/-

21

Reg.-604

Employs a person in welding a

boiler/steam pipes in contravention of
regulation

Reg.617(1)

Shall be punishable with fine up

to Rs.100/-

22

Reg.-615

Employers or welder who fails to

maintain the records of all welding
personnel engaged on welding and
repairing of boiler/steam pipes and fails
to produce the such records to any
authorised persons on demand

Reg.-617(2)

As above


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UNSAFE IN Efficient .
Low Steam Generation
& Poor Steam Quality
.

.

Fire