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Mahesh

07/08/24 12:20 PM IST

Boilers Bill, 2024

In News
  • The Boilers Bill, 2024 was introduced in Rajya Sabha recently. It repeals the Boilers Act, 1923 (5 of 1923).
Major provisions
  • It has been drafted as per modern drafting practices to give more clarity to the provisions of the Bill.
  • The similar provisions which are at different places in the Boilers Act,1923 have been grouped together in six chapters for easier reading and understanding of the Act. All the functions/powers of the Central Government, State Governments and Central Boilers Board have been enumerated in detail to avoid any confusion.
  • For Ease of Doing Business (EoDB), the Bill will benefit boiler users including those in MSME sector as provisions related to the decriminalisation have been incorporated in the Bill.
  • Out of the seven offences, to ensure safety of boilers and personnel dealing with boilers, in four major offences which may result in loss of life and property, criminal penalties are retained.
  • For other offences, provision is being made for fiscal penalty. Moreover, for all non-criminal offences ‘fine’ has been converted into ‘penalty’ to be levied through executive mechanism instead of courts as existed earlier.
  • The proposed bill will enhance safety as specific provisions have been made in the Bill to ensure the safety of persons working inside a boiler and that repair of boiler is undertaken by qualified and competent persons.
  • Act has been divided into six chapters and provisions have been rearranged chapter wise. (In existing Act there are no chapters and similar provisions are at different places).
  • Following redundant/obsolete provisions in the Boilers Act,1923 have been omitted;
  • Section 1(2): Applicability of Act to the whole of India,
  • Section 2A: Applicability of Act to feed-pipes, and
  • Section 2B: Applicability of Act to Economiser.
  • Following new definitions have been incorporated in the Clause -2 of the Boilers Bill, 2024: 2(k): notification, 2(p): regulations, 2(q): State Government.
  • Following definitions have been amended in the Clause -2 of the Boilers Bill, 2024 in line with provisions in the Act: 2(d): Boiler component, 2(f): Competent Authority, 2(j): Inspecting Authority.
  • Decriminalization provisions for the Boilers Act,1923 as contained in the Jan Vishwas (Amendment of Provisions) Bill, have been incorporated in clauses 27, 28, 29, 30, 31, 39 & 42 and two new clauses namely, 35 (Adjudication) & 36 (Appeal) have been incorporated in the Boilers Bill, 2024. Accordingly, for non-criminal offences ‘fine’ has been converted into ‘penalty’ (Clauses: 27, 28, 30(1) and 31).
  • Following provisions have been incorporated in the Bill for making substantive enabling provisions for the rules and regulations existing in the Act: Clauses, 3(7), 5(8), 10(1)(f), 10(2), 11(2), 12(9), 23(4) & 32(2).
Background
  • The Government of India is examining all the pre- constitution Acts from the point of view of their suitability and relevance in the current times.
  • The Boilers Act, 1923, a pre-constitution Act, deals with the safety of life and property.
  • Hence, it is important to continue with the enactment by reviewing the provisions of the existing Act and introduction of a new Boilers Bill, 2024 in Parliament.
  • The Boilers Act, 1923 was comprehensively amended in the year 2007 by the Indian Boilers (Amendment) Act, 2007 wherein inspection and certification by independent third party inspecting authorities was introduced.
  • However, on further examination of the existing Act, a need has been felt for review of the Act and also to incorporate the decriminalised provisions in consonance with the Jan Vishwas (Amendment of Provisions) Act, 2023.
Source- PIB

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