UTTAR PRADESH BOILER RULES, 1969
Rule - 1. Short title.
(1)
These rules
may be called the Uttar Pradesh Boiler Rules, 1969.
(2)
They shall
extend to the whole of the State of Uttar Pradesh and shall come into force
with effect from the date of their publication ion the Uttar Pradesh Gazette.
Rule - 2. Definitions.
In these rules unless there is anything repugnant in the subject or
context,
(a)
"Act"
means the Indian Boilers Act, 1923 (Act No. 5 of 1923); 'Section' means a
section of the said Act;
(b)
"Chief
Inspector", Deputy Chief Inspector",! 'Inspector', 'Inspecting
Authority', 'Inspecting Officer', 'Owner', 'Competent Authority, and
'Prescribed', shall have the respective meanings as assigned to them in the Act
and the Regulations.
(c)
'Government',
means the Government of Uttar Pradesh; and
(d)
'Regulation'
means a regulation framed by the Central Boilers Board under Section 28 of the
Act.
Rule - 3. Payment of fees and costs.
All fees and costs payable under the Act or Regulation or Rules framed
thereunder shall be deposited into a Government Treasury or the State Bank of
India. Fees above rupees one hundred for Government boilers may be adjusted by
Book Debit.
An application to which the treasury is affixed shall be deemed to be
accompanied by the prescribed fee.
All fees and costs levied under the Act shall be disposed of in such
manner as the Government shall direct from time to time.
Rule - 4. Calculation of registration and inspection fees.
Every application under sub-section (1) of Section 7 and sub-section (4)
of Section 8 shall be accompanied by a fee calculated on the basis of boiler
rating as prescribed under Regulation 384. The formulate for calculating the
boiler-rating shall be as prescribed in Regulation 383.
Rule - 5. Registration fees.
Fees for registration and first inspection of boilers shall be as
prescribed in Regulation 385.
Rule - 6. Fees.
[(i) Every application for
inspection for the renewal of certificate under sub-section (4) of Section 8,
shall be accompanied by a fee on the following scales :
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Rs. P.
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For
Boilers rating not exceeding 10 square metres.
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120.00
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For
Boilers rating exceeding 10 square metres but not exceeding 30 square metres.
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160.00
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For Boiler
rating exceeding 30 square metres but not exceeding 50 square metres.
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180.00
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For Boiler
rating exceeding 50 metre but not exceeding 70 square metres.
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220.00
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For Boiler
rating exceeding 70 square metre but not exceeding 90 square metre.
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260.00
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For Boiler
rating exceeding 90 square metres but not exceeding 110 square metres.
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300.00
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For Boiler
rating exceeding 110 square metres but not exceeding 200 square metres.
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340.00
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For Boiler
rating exceeding 200 square metres but not exceeding 400 square metres.
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380.00
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For Boiler
rating exceeding 400 square metres but to exceeding 600 square metres.
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440.00
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For Boiler
rating exceeding 600 square metres but not exceeding 800 square metres..
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480.00
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For Boiler
rating exceeding 800 square metres but not exceeding 1000 square metres.
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540.00
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For Boiler
rating exceeding 1000 square metres but not exceeding 1200 square metres.
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640.00
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For Boiler
rating exceeding 1200 square metres but not exceeding 1400 square metres.
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720.00
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For Boiler
rating exceeding 1400 square metres but not exceeding 1600 square metres.
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840.00
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For Boiler
rating exceeding 1600 square metres but not exceeding 1800 square metres.
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900.00
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For Boiler
rating exceeding 1800 square metres but not exceeding 2000 square metres.
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1000.00
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For
Boilers rating exceeding 2000 square metres but not exceeding 2200 square
metres.
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1080.00
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For Boiler
rating exceeding 2200 square metres but not exceeding 2400 square metres.
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1200.00
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For Boiler
rating exceeding 2400 square metres but not exceeding 2600 square metres.
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1260.00
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For Boiler
rating exceeding 2600 square metres but not exceeding 2800 square metres.
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1360.00
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For Boiler
rating exceeding 2800 square metres but not exceeding 3000 square metres.
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1440.00
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Above 300 square metres or every 200 square metres or part thereof an
additional fee of Rs. 40.00 shall be charged :
Provided that when any owner is willing to accept any renewed
certificate for less than twelve months in order to approximate the date of
annual inspection to the date on which other boilers in the locality are
inspected, a certificate for such period less than twelve months as may be
necessary for such approximation of dates may be granted at the reduced fee to
be calculated at one-twelfth of the ordinary fee for each full month, portion
of a month not being reckoned.
(ii) Fees
far inspection of Steam Pipes. Fee for the inspection of steam pipes made after
structural alterations, additions or renewals and not at the time of annual
inspection shall be Rs. 140.00].
(iii) fees
for uncertified period.-In case the owner desires not to work his boiler after
the expiry of the period mentioned in the certificate granted to him, he shall
intimate the fact to the Chief Inspector of Boilers, Uttar Pradesh, Kanpur,
before the said date, failing which he will be liable to pay at the subsequent
inspection the fees prescribed under the rule plus the fee for the uncertified
period (calculated from the date of expiry of last certificate to the date of
intimation), notwithstanding that the boiler had remained out of commission
during the uncertified period. In case the ownership is charged the new owner
shall be liable to pay at the subsequent inspection, the fee prescribed under
the rules plus the fee for the uncertified period, along with the application
for inspection of the boiler.
[(iv) Additional fees for inspection of examination on Sunday and public
holiday. An additional fee equal to the inspection fee may be charged for the
inspection of a boiler or steam pipe on a Sunday or on any other public holiday
under the Negotiable Instruments Act, 1881, if such inspection is made at the
request of the owner. The additional fee so charged shall be paid in the manner
specified in Rule 3. The Inspector who makes such inspection on holiday may be
paid such honorarium in aggregate at the end of the year as the State
Government may deem fit to sanction.]
Rule - 7. Fees for Inspection and test during construction.
(i)
Fees for
inspection of boilers and parts thereof under construction shall be the same as
prescribed in Regulation 395-A.
(ii)
(a) Cast
Mountings and fittings. A fee of Rs. 150.00 shall be charged for examination
and certification of a single lot of mountings and fittings made from the same
cast but the number of items in one such lot shall not be exceeding fifty.
(b) Fabricated Mountings and fittings. A fee of Rs. 150.00 shall be
charged for examination and certification of single lot of mountings and
fittings not exceeding ten.
The manufacture, in addition, shall supply free of charge the labour and
appliances which may be necessary for such mechanical tests as are required
under the Regulation. Failing to find facilities for the prescribed test, the
manufacturer shall bear the cost of carrying out such tests elsewhere.
(c) The charges for the examination of drawings only for mountings and
fittings to be manufactured shall be Rs. 50.00 for each such drawing.
(iii)
Fees for
Inspection, examination, testing and certification of Boilers tubes and
Scantlings under construction. The inspection fee for boilers constructed in
India shall be calculated on the following basis:
(a)
at three
times the registration fee for a boiler of riveted construction:
(b)
at four
times registration fee for a boiler of welded construction;
(iv)
Fees for
inspections of boiler scantling during construction shall be charged as under:
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(a) Up to
0.929 squire metre (10 square feet) of out side surface
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Nil.
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(b) above
0.929 square metre (10 square feet) of outside surface
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Half of
the registration fee of the boiler for which the part is intended.
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Fees for inspection of tubes shall be charged at Rs. 20.00 per metric
ton or a fraction thereof.
The manufacturer, in addition, shall supply free of charge the labour
and appliances which may be necessary for such mechanical tests as may be
carried out in his Dermises or those of the steel makers in accordance with the
standards laid down in the Regulations. Failing to find facilities himself for
the prescribed tests, the manufacturer shall bear the cost of carrying out
these tests elsewhere.
(v)
Fees for
examination and certification of scantlings of boilers steam pipes, economisers
and super heaters during fabrication at site. The fees for such examination and
certification for supervision required under clause (v) of Regulation 4 shall
be equivalent to the fees required for the registration of the boiler.
The owners or erectors shall supply free of charge the labour and
appliances which may be necessary for such tests as may be carried out in their
premises in accordance with the standards laid down in the Regulations. Failing
to find facilities themselves for the prescribed tests they shall bear the cost
of carrying out these test elsewhere.
[(vi) Fee for examination of plans of Boilers. The fee for the scrutiny
of plans under sub-regulation (a) of Regulation 393 shall be on the scale
prescribed in Regulation 385, but when a plan which has been scrutinized an in
respect of which alterations have been suggested is re-submitted for scrutiny,
a separate fee at the rate of 10 per cent of the fee for the first scrutiny of
the drawings shall be payable if the plan contains alterations other than those
previously suggested.],
(vii) Fees
for examination of plans of steam pipes. The fee required under sub-regulation
(a) of Regulation 395 shall be at the rate of Rs. 5.00 per 30 metres (100 ft)
of piping or part thereof inclusive of all fittings, excepting fittings like
de-super heaters, steam receivers, feed heaters and separately fired super heaters.
For any fittings like de-super heaters, steam receivers and separators, the fee
shall be Rs. 50.00 for each such fittings.
(viii) Fees
for examination of steam pipes for grant of certificates in Form III-A of the
Regulations. A fee equivalent to the registration fee of the boiler or boilers
to which the steam pipes are to be fitted shall be charged for this purpose.
[(ix) Fees for testing welders. For qualification or re-qualification
and tests of operators engaged in repairing boilers by welding and welders
engaged in welding of boilers ad steam-pipes under construction, erection and
fabrication at site in accordance with the requirement of Chapter XIII of
regulation, a fee of Rs. 50.00 for plate welding, Rs. 50.00 for pipe welding
and Rs. 50.00 for tube welding shall be charged which should be accompanied by
an application on Form 'E'.
The candidates or the organization that sends the candidates for tests
shall bear all expenses connected with the materials, the finishing and testing
of specimens.]
[(x) Fees for the examination of steam receivers, separators etc. under
construction for the grant of certificate in Form III-A of the regulations. The
examination fees to be charged in this case shall be as follows:
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Rs. P.
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(i)
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For a
vessel up to 200 mm. (8") diameter.
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150.00
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(ii)
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For a
vessel more than 200 mm. (8") diameter and up to 400 mm. (16")
diameter.
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250.00
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(iii)
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For a
vessel over 400 mm. (16") diameter.
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400.00
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The manufacturer, in addition shall supply free of charge the labour and
appliance which may be necessary for such mechanical tests as are required
under the Regulations, failing to find facilities himself for the prescribed
tests, the manufacturer shall bear the cost of carrying out these tests
elsewhere.]
(xi) Other
fees. For any other matter which in the opinion of the State Government would
involve time and labour as provided for in section 29(f) but not prescribed in
these rules, the fees shall be charged at the discretion of the State
Government.
Rule - 8. Fee to cover inspection and tests.
A fee paid for the inspection of a boiler, as prescribed under Rule 6,
shall cover through examination, hydraulic test and steam test where such are
necessary.
Rule - 9. Second fee for re-inspection of defective boilers and inspections in default.
A second fee shall be liveable for re-inspection of a defective boiler
and also in cases of registration where the inspection of the boiler is begun,
but owing to the faults or neglect of the owner or person in charge is not
completed within a period of six months from the date of commencement of
inspection.
A second fee shall be liveable for the inspection or registration of a
boiler or steam pipe, if the owner, who has already been intimated the date of
inspection, fails to inform the Chief Inspector of Boilers, U.P., Kanpur, at
least
Rule - 10. Sanction of Chief Inspector to second fee.
No extra fee shall be levied except with the sanction of the Chief
Inspector.
Rule - 11. Fee for duplicate certificate.
A duplicate certificate for bona fide purpose may be issued to boiler
owner under the order of the Chief Inspector on receipt of a fee of Rs. 5.00.
Rule - 12. Fee for copy of registration book.
Fee for a copy of a registration book containing only particulars and
dimensions of the boiler shall be Rs. 10.00. While issuing copies of
registration books, copies of official inspection notes shall not be furnished.
Rule - 13. Fees for out of tour month.
[Fees payable for inspection made by an Inspector otherwise than on tour
i.e. out of tour month as prescribed in this rule shall be the above amount and
halting charge of Rs. 50.00 per day plus travelling expenses which will vary
according to the distance from Kanpur to the nearest railway station of the
boiler site and will be as under:
Kilometres from Kanpur
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Rs. P.
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1 to 100 km.
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100.00
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Any additional 50 km. or a part thereof.
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50.00
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Tour Programme
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Month
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District
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January
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Lucknow
and Sonbhadra.
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February
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Sultanpur,
Pratapgarh, Unnao, Mirzapur, Rae Bareli and Kanpur (Dehat).
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March
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Jhansi,
Hamirpur, Jalaun, Ghazipur and Lalitpur.
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April
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Varanasi,
Azamgarh, Faizabad, Farrukhabad, Mathura, Mau.
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May
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Etawah,
Fatehpur, Jaunpur and Moradabad.
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June
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Gonda,
Bahraich, Basti, Bijnore, Badaun, Aligarh and Sidhanhnagar.
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July
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Saharanpur,
Bara Banki, Meerut, Hardoi, Sitapur, Ghaziabad and Haridwar,
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August
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Bulandshahar,
Etah, Agra, Shahjahanpur, Rampur and Firozabad.
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September
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Gorakhpur,
Deoria, Ballia, Mahrajganj and Mainpuri.
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October
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Banda,
Bareilly, Pilibhit, Kheri and Muzaffarnagar.
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November
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Allahabad,
Naini Tal, Almora and Pithoragarh.
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December
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Dehra Dun,
Garhwal, Tehri-Garhwal, Chamoli and Uttar Kashi.
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(i)
Inspections
in Kanpur Nagar are carried out during the whole year.
(ii)
Special
concessions are made in case of (a) Boiler belonging to the military which shall
be inspected in the month of January, February, November and December.
(b) Sugar Factory Boilers for which the tour month will be from June to
October. The owner shall communicate in writing to the Chief Inspector of
Boilers, Uttar Pradesh, Kanpur his selection of the months out of tour
months mentioned above in which he desires to get his boilers inspected every
year. The month so selected will be taken as the tour month in his case].
Rule - 14. Refund of fees.
Fees paid in excess and fees paid for inspections which for any reason
and due to any fault or omission of the owners or persons incharge of boilers
have not been made shall be refunded by the Chief Inspector or adjusted against
the fees for the inspection of any other boiler or boilers of the same owner or
owners, if the refund is applied for within one year of the date of payment.
Rule - 15. Qualifications of Chief Inspector of Boilers.
The State Government shall appoint a person duly qualified according to
Rule 9 (ii) of the Uttar Pradesh Service of Inspector of Boilers and Factories,
Class I Rules, to be the Chief Inspector of Boiler and a person duly qualified
according to Rule 9(i) of the Uttar Pradesh Service of Inspectors of Boilers
and Factories, Class II Rules, to be a Deputy Chief Inspector of Boilers or an
Inspector of Boilers.
Rule - 16. Administrative Control.
(a)
The Chief
Inspector shall work under the administrative control of the Labour
Commissioner, U.P. and shall submit to him
(i)
an annual
report on the administration of the Act;
(ii)
such other
reports and returns as may be called for.
(b)
The Deputy
Chief Inspector shall be subordinate to and shall work under the administrative
control of the Chief Inspector.
(c)
An Inspector
shall be subordinate to and shall work under the administrative control of the
Chief Inspector. He shall ordinarily be appointed to take charge of a specific
area.
Rule - 17. Duties of Chief Inspector.
(1)
The Chief
Inspector shall exercise the power and perform the duties conferred and imposed
on him by or under the Act: but his principal duty shall normally be the
supervision and control of the work of the Deputy Chief Inspectors and
Inspectors. He shall inspect and examine boilers only in exceptional cases and
where he considers that the works of an Inspector requires a personal check.
(2)
The Chief
Inspector shall
(a)
have the
registration particulars and calculations submitted by the Inspectors for all
boilers inspected for registration checked as prescribed in Chapter IX of the
Regulations and enter under his own signature the approved working pressure and
all orders required under section 7;
(b)
pass orders
on the proposals under section 7 or section 8 ;
(c)
recommend to
the Government the area of jurisdiction of each Inspector;
(d)
pass orders
in all cases in which an Inspector proposes to increase or reduce the pressure
allowed of any boiler under clause (a) (iii) of the second proviso to
sub-section (5) of section 8, withdraw or revoke the certificate or provisional
order under section 11 or to order important repairs, structural alterations or
renewals in a boiler under section 8;
(e)
pass orders
in all cases in which it is reported that after due notice the boiler has not
been properly prepared for inspection under sub-section (2) of section 14;
(f)
decide all
appeals preferred against an order of a Inspector under section 19;
(g)
sanction
prosecutions under this Act;
(h)
enquire into
serious accidents to boilers;
(i)
prepare the
annual report on the administration of the Act in the State;
(j)
perform the
duties conferred on an Inspecting Authority under the Regulations;
(k)
depute the
Deputy Chief Inspector or Inspector to perform the duties of an Inspecting
Officer under the Regulations;
(l)
pass orders
on the reports of the Inspecting Officers and perform all the duties conferred
on an Inspecting Authority under the Regulations;
(m)
perform the
duties conferred on a Competent Authority under the Regulations;
(n)
approve all
drawings and plans for boilers or parts thereof submitted under Regulation 393
or Regulation 395.
(3)
Advice to
owners. The Chief Inspector may advice owners regarding the proper maintenance,
safe working, feed water treatment and cleaning of boilers.
(4)
Maintenance
of registers. The Chief Inspector shall keep in his office
(a)
a register
of appeal, and
(b)
a register
of accidents.
(5)
Refund. The
Chief Inspector shall be the authority for the grant to refund of fees paid in
excess.
Rule - 18. Duties of Deputy Chief Inspector.
(1)
The Deputy
Chief Inspector shall
(a)
check the
registration and memorandum of inspection books of all boilers proposed for
registration;
(b)
scrutinize
plans and drawings submitted in advance under Regulation 393 or Regulation 395;
(c)
examine and
countersign the memorandum of inspection book of each boiler after each
inspection;
(d)
enter under
his own signature any subsequent entries required in the registration book;
(e)
enquire into
serious accidents to boilers within his jurisdiction and submit reports to the
Chief Inspector for a personal enquiry by him if considered necessary;
(f)
maintain a
register in Form "A" attached to these rules, of all boilers
registered within the State and those which have been transferred to the State;
(g)
keep in his
office the memorandum of inspection book of all boilers borne on the register;
(h)
scrutinize
the certificates prepared in Form II, Form III, Form III-A, Form III-B, Form
III-C and Form IV ;
(i)
perform the
duties of an Inspecting Officer when deputed to do so by the Inspecting
Authority;
(j)
keep a
register of all registration and inspection fees received, and
(k)
generally
assist the Chief Inspector in the administration of the Act.
(2)
Deputy Chief
Inspector to advice owners. The Deputy Chief Inspector may from time to time
examine boilers in commission to ascertain if they are being operated in
conformity with the terms and conditions specified in the certificate and
advise owners on the safety in operation, good maintenance and periodic
cleaning of boilers and feed water treatment.
Rule - 19. Duties of an Inspector.
(1)
The
principal duties of an Inspector shall be inspection and examination of boilers
and steam pipes and other connected fittings for registration or renewal of
certificates. He shall also perform the duties of an Inspecting Officer when
required to do so by the Inspecting Authority. Inspection shall be carried out
in strict accordance with the Regulations and these Rules.
(2)
Kinds of
Inspection. There shall be three kinds of inspection of boilers :
(a)
when a
boiler has been offered for registration as required under section 7;
(b)
when the
certificate granted under the Act is about to expire or when it has been
revoked or withdrawn under section 11 and the owner desires that it shall be
renewed under section 8;
(c)
an
inspection at any time for the purpose of ascertaining if the boiler is being
operated in conformity with the provisions of the Act and Rules framed
thereunder.
(3)
Search of
unregistered boilers. It shall be the duty of an Inspector to search for
unregistered or uncertificated boilers within his area and to see that
certificated boilers are worked in accordance with the terms of the
certificates and with the Regulation or Rules of the Act.
(4)
Inspector to
advise owners. At the time of inspection, Inspectors may advise the owners and
the person in charge of the boilers on the safety in operation, good
maintenance and periodic cleaning of boilers and feed water treatment.
(5)
Specific
duties. Inspectors shall
(a)
maintain a
memorandum of inspection book for each boiler as prescribed in Regulation 386
under their charge and submit it to the Deputy Chief Inspector or Chief Inspector
for examination and countersignatures after each inspection ;
(b)
receive
application for registration or inspection under section 7 or section 8 in Form
'C' appended to these Rules;
(c)
enquire into
accidents of boilers, steam pipes or connected fittings and report to the
Deputy Chief Inspector or Chief Inspector;
(d)
report to
the Chief Inspector cases of unreported accidents, discovered at the time of
inspection ;
(e)
submit for
the orders of the Deputy Chief Inspector or Chief Inspector
(i)
the memorandum
of inspection books of all boilers proposed for registration under section 7;
(ii)
proposals
for increasing or reducing the pressure of a boiler after inspection under
clause (a) (ii) of the second proviso to sub-section (5) of Section 8 ;
(iii)
proposals
for necessary repairs, structural alterations or renewals to a boiler after
inspection under clause (b) of the second proviso to subsection (5) of Section
8 ;
(iv)
proposals
for refusing to renew a certificate under section 8 and proposals for revoking
or withdrawing a certificate or provisional order under section 11;
(v)
report when
boilers have not been properly prepared for inspection under section 14;
(vi)
proposal for
prosecutions under the Act and forward the same with his recommendations to the
Deputy Chief Inspector or Chief Inspector of Boilers.
(f)
receive
report of accidents under section 18 and forward the same with his
recommendations to the Deputy Chief Inspector or Chief Inspector of Boilers;
(g)
Submission
of declaration by the Inspector. Prepare a declaration in Form 'F' appended to
these rules in Column 8 in which the limit of the working pressure shall be
clearly noted, and shall forward the same with the application to the Deputy
Chief Inspector or Chief Inspector.
Rule - 20. Inspection at special times.
No examination of a boiler shall be made by an Inspector for the purpose
of registering or renewing the certificate of a boiler on a Sunday or on a
public holiday under the Negotiable Instruments Act, 1881, or between the hours
of sunset and sunrise without the specific orders of the Chief Inspector in
each case.
Rule - 21. Duties as an Inspecting Officer.
As an Inspecting Officer an Inspector shall
(a)
maintain a
schedule of such examination of boilers or parts thereof in such form as may be
required by the Inspecting Authority;
(b)
submit to
the Inspecting Authority reports in such form as may be required by the
Inspecting Authority on the results of the examination carried out on boilers
or parts thereof in accordance with the standards laid down in the Regulation
and with particular reference to the variations therefrom;
(c)
report the
results of the tests carried out on materials or scantlings in his presence;
(d)
maintain
records of all tests (both destructive and non-destructive) carried out by him
or under his supervision; and
(e)
when
radiographic examinations are carried out to boilers or parts thereof or to
other scantlings, give his opinion in writing to the Inspecting Authority with
regard to the acceptability or otherwise of the parts examined in such form as may
be required by the Inspecting Authority.
Rule - 22. Receipt of application for registration.
Application for registration of boiler shall be made under sub-section
(1) of Section 7 either to the Deputy Chief Inspector of Chief Inspector or
Inspector of the local area in which the boiler is situated and shall be
accompanied by a receipt for the prescribed fee. No application shall be
accepted without the receipt. No boiler shall be registered if on measurement
the fee is found to be deficient until the deficit has been paid. Excess
payment, if any, shall be refunded after registration.
Rule - 23. Registration.
The Inspector shall fix date for the examination of the boiler as
required under sub-section (2) of section 7. He shall proceed to take action
under subsection (3) of section 7 on the date fixed and submit his report to
the Chief Inspector as early as practicable.
The Chief Inspector shall issue his orders under sub-section (4) of
section 7 without delay.
Rule - 24. Register of registered boilers.
The Deputy Chief Inspector or Chief Inspector shall maintain a register
of registered boilers in serial order in Form 'A' appended to these Rules in
two parts. In Part I (boilers originally registered in the State), the
registered number of a boiler shall be the one immediately following the last
serial number in the register. Gap numbers due to boilers being broken up or
transferred to another State shall not be filled up. In Part II (boilers
originally registered in other States) entries shall be made as prescribed in
Rule 18 (1) (f). The Inspector in charge of an offence shall keep similar
register for all boilers within his jurisdiction.
Rule - 25. Procedure on transfer of a boiler.
Whenever a boiler is transferred from another State to this State the
owner shall under clause (b) of section 6 apply to the Chief Inspector for the
registration of the transfer. The Chief Inspector shall then obtain the
registration book and memorandum of inspection book of the boiler from the
State from which the boiler was transferred. No fee shall he charged for
recording transfer. The boiler cannot be used before the transfer is recorded.
Rule - 26. Entry of transferred boilers in register.
On receipt of the registration and memorandum of the inspection book,
the Deputy Chief Inspector or Chief Inspector shall enter the boiler under its
original number in Part II, of his register and shall instruct the Inspector of
the area in which the boiler is situated to enter it similarly in his register.
The registration book and the memorandum of inspection book shall be kept in
the office of the Deputy Chief Inspector or the Chief Inspector.
Rule - 27. Note of transferred and dismantled boilers.
Whenever a boiler has been transferred to another State or broken up the
fact shall be noted in the register. In the case of a boiler that has been
permanently dismantled, the registration book and the memorandum of inspection
book shall be destroyed.
Rule - 28. Investigation of accidents.
On receipt of a report of an accident to a boiler or steam pipe under
section 18, the Inspector shall with the least possible delay proceed to the
place to investigate the accident. If the report is received by the Deputy
Chief Inspector or Chief Inspector he shall forward it at once to the Inspector
within whose jurisdiction, the accident has occurred for necessary action.
Rule - 29. Procedure during enquiry.
The Inspector at this enquiry shall make a careful examination of the
damaged parts and shall take such measurements and make such sketches for the
purpose of his report as he may deem necessary. He shall inquire into the
circumstances attending the accident and note the time of its occurrence, its
nature and extent, the injury caused to persons and the damage to property. The
report shall be given in Form 'D' appended to these rules.
Rule - 30. Power to hold enquiry in writing.
The Inspector shall take the written statements of witnesses and all
persons immediately connected with the accident. In order to comply with the
provision of sub-section (2) of section 18, the Inspector shall present to the
owner or person in charge of the boiler, a series of written questions on all
points that are material to the enquiry.
Rule - 31. Use of boiler after accident.
The Inspector shall decide whether the use of the boiler can be
permitted at the same or at a lower pressure without repairs or pending the
completion of any repairs or alterations that he may order. In no case shall be
issue a provisional order or renew a certificate until his orders have been
carried out.
Rule - 32. Procedure in case of serious accidents.
The report shall be sent without delay to the Deputy Chief Inspector or
Chief Inspector, who if he considers that the investigation has been sufficient
shall record the facts in his register of accident and shall enter a brief
account of the accident in the register and memorandum of Inspection books. If,
however, the accident is of a serious nature and in all cases in which an
explosion has occurred, the Chief Inspector on receipt of the report shall proceed
to investigate the accident personally either alone or with the Deputy Chief
Inspector or any other Inspector as considered necessary.
Rule - 33. Reference in the annual report.
A brief account of all accidents and their causes shall be included in the
annual report on the working of the Act.
Rule - 34. Unreported accidents.
If in the course of any inspection or at any other time, the Inspector
discovers damage which goes within the definition of an accident, but it has
not been reported, he shall report the fact at once to the Chief Inspector for
action under clause (d) of section 24.
Rule - 35. Attendance during hearing of appeals under Section 19.
Under order of the Chief Inspector, the Inspector shall attend during
the hearing of appeals with regard to boilers within his area before the Chief
Inspector or appellate authority.
Rule - 36. Appellate authority.
The Government shall constitute an appellate authority under section 20
for such period as it may deem fit. The appellate authority shall be presided
over by an officer who has exercised or is exercising the powers of a District
Judge or a District Magistrate.
Rule - 37. Panel of assessors.
The Government shall constitute a panel of assessors for the purpose of
assisting the appellate authority in the haring of appeals. Assessors shall be
competent persons with necessary technical knowledge and experience and must be
qualified mechanical engineers.
Rule - 38. Attendance of assessors.
Whenever the date for hearing of an appeal before the appellate authority
has been fixed, the Chief Inspector shall under the orders for the appellate
authority arrange for the attendance of at least three members of the panel to
act as assessors.
Rule - 39. Remuneration of assessors.
An assessors shall receive such remuneration and travelling allowances
for any date on which he attends the appellate authority as the State
Government may, by order, direct.
Rule - 40. Filing of appeal.
Every appeal shall be made in writing either in English or in the
official language of the State and shall be presented to the Chief Inspector,
within thirty days of the communication to him of the order against which an
appeal is preferred.
Rule - 41. Form of appeal.
The appeal shall be accompanied by the original order, notice or report
appealed against, or by a certificated copy thereof; or where no such order,
notice or report has been made in writing by a clear statement of facts
appealed against, the grounds of appeal and the relevant sections of the Act.
Rule - 42. Fixing a date for hearing.
On receipt of an appeal, the Chief Inspector shall at once fix a date
for hearing of the appeal, if the appeal is to be heard by himself and obtain
date for the hearing of the appeal from the appellate authority, if it is to be
heard by the appellate authority. No delay shall be made in deciding appeals.
Rule - 43. Procedure during hearing.
When the date for hearing has been fixed, the Chief Inspector shall at
once issue a notice
to the appellate authority stating the date for hearing and informing him that
if he wishes to be heard in support of the appeal or to produce evidence, he
must be present either in person or by an authorised agent with his evidence on
the date fixed. The notice shall be sent by registered post to such address as
shall be entered in the petition.
Rule - 44. Presence of Inspector.
In all appeals the Chief Inspector shall decide whether the presence of
the inspector is necessary and issue orders accordingly.
Rule - 45. Attendance of witnesses.
The appellate authority shall have power to secure the attendance of
witnesses and to make local enquiries and for this purpose shall exercise the
powers of a court under the provisions of the Code of Civil Procedure, 1908.
Rule - 46. Ex parte decision.
If the appellant is not present on the date fixed the appeal may be
decided in his absence.
Rule - 47. Costs in appeals.
In appeals before the appellate authority, the appellate authority shall
decide the cost and recover them from the appellant in any case in which the
appeal is dismissed. In all cases of appeals in which a local inspection is
required by the appellant, he shall deposit in advance the full costs of such
inspection.
Rule - 48. Fees required for certificates granted on appeals.
Any order on appeal authorising the registering of a boiler or the grant
of the renewal of a certificate shall be deemed to be subject to the payment of
such fees as are prescribed by rules or regulations framed under the Act.
Rule - 49. Penalty for breach of rules.
A person contravening the provision of these rules shall be punishable,
in the case of a first offence, with fine which may extend to one hundred
rupees and in the case of any subsequent offence, with a fine which may extend
to one thousand rupees.