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The Boilers Bill, 2024
Context:
The Boilers Bill, 2024 seeks to replace the Boilers Act, 1923 while retaining most of its provisions. The Bill aims to regulate manufacturing, inspection, operation, and safety compliance of industrial boilers to ensure uniformity and safety. However, minimal changes to the colonial-era law raise concerns about its relevance in the present day.
Purpose and Objectives
- The Bill aims to regulate industrial boilers while maintaining safety standards.
- It seeks to ensure uniformity in boiler operations across the country.
- The focus remains on preventing boiler explosions and protecting life and property.
Minimal Changes to the Colonial Law
- The basic structure of the 1923 Act remains intact with few modifications.
- According to industry experts, applying the same rules to small, medium, and large-scale boilers impacts compliance dynamics.
- The government has sought to balance safety and operational flexibility while retaining most original provisions.
Key Features of the Boilers Bill, 2024
- Regulation of Boilers
- The Bill regulates the design, manufacturing, installation, operation, alterations, and repairs of boilers.
- Registration of boilers is mandatory before operation and must be renewed annually.
- The Central Boilers Board (CBB) will be responsible for making regulations.
- Appointment of Inspectors and Third-Party Certification
- State governments will appoint Inspectors to inspect and certify boilers.
- Third-party agencies may be authorised to conduct inspections.
- The Chief Inspector can approve designs, modifications, and repairs.
- Exemptions from the Act
- Boilers with a capacity below 25 litres, pressure under 1 kg/cm², and temperature below 100°C are exempted.
- Steriliser vessels under 100 litres
- Steam engines and boilers used by armed forces (Army, Navy, Air Force) are also exempt.
- State governments can exempt certain areas from the Bill’s provisions, raising concerns over safety standards.
- Offences and Penalties
- Unauthorised alterations or tampering with safety mechanisms can lead to imprisonment of up to 2 years and fines up to ₹1 lakh.
- Failure to report an accident can attract penalties up to ₹5,000.
- Prosecution of offences requires approval from the Chief Inspector.
- Accident Reporting and Risk Assessment
- Accidents, such as boiler explosions or steam/water leaks, must be reported within 24 hours.
- The Bill aims to encourage risk-based inspections to improve safety.
Key Issues:
- Need for a Separate Boiler Law
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- The United Kingdom, South Africa, Japan, and Germany regulate boilers under broader occupational health and safety laws rather than a separate Act.
- With safety concerns existing in various industries, the necessity of a standalone boiler law is questionable.
- Power of State Governments to Exempt Areas
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- Blanket exemptions from the Bill may lead to compromised safety in certain regions.
- The 1921 Boiler Laws Committee had recommended uniformity in boiler laws, but this Bill allows state governments to bypass certain provisions.
- Lack of Judicial Recourse
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- Decisions by the Chief Inspector and Central Government cannot be challenged in court.
- The only option for an aggrieved individual is to file a writ petition in the High Court under Article 226.
- The absence of an appellate mechanism against the Chief Inspector’s decisions is a major concern.
- No Safeguards for Inspection and Entry Powers
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- Inspectors have unrestricted entry rights into premises without clear safeguards.
- Other laws, like the Food Safety and Standards Act, 2006, impose conditions on inspections, but the Boilers Bill, 2024 does not specify any safeguards.
- Lack of Timelines for Approvals
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- While some timelines exist for registration and renewal, no specific time limits are provided for inspections and approvals for alterations or repairs.
- The Business Reform Action Plan (2024) recommended fixed timelines to improve ease of doing business, but the Bill does not mandate time-bound approvals.
- Absence of Self-Certification Mechanism
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- Many states like Karnataka, Odisha, Punjab, and Uttar Pradesh allow self-certification for certain boilers.
- The Bill does not formally recognise self-certification, maintaining an inspection-heavy compliance model.
- Lack of Consultation on Central Government Rules
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- The Bill allows public consultation for State Government rules and Central Boilers Board regulations.
- However, it does not require consultation on rules framed by the Central Government, reducing transparency.
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The Source’s Authority and Ownership of the Article is Claimed By THE STUDY IAS BY MANIKANT SINGH
