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  "title": "BOILERS ACT 1923",
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  "text": "THE BOILERS ACT, 1923 \r\n(V of 1923) \r\nCONTENTS \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n2-A. Application of Act to feed-pipes \r\n2-B. Application of Act to economizers \r\n3. Limitation of application \r\n4. Power to limit extent \r\n5. Appointment of Chief Inspectors and Inspectors \r\n6. Prohibition of use of unregistered or uncertificated boiler  \r\n7. Registration \r\n8. Renewal of certificate \r\n9. Provisional orders \r\n10. Use of boiler pending grant of certificate \r\n11. Revocation of certificate or provisional order \r\n12. Alterations and renewals to boilers \r\n13. Alterations and renewals to steam-pipes \r\n14. Duty of owner at examination \r\n15. Production of certificates, etc \r\n16. Transfer of certificates, etc \r\n17. Powers to entry \r\n18. Report of accidents \r\n19. Appeals to Chief Inspector \r\n20. Appeals to appellate authority \r\n21. Finality of orders \r\n22. Minor penalties \r\n23. Penalties for illegal use of boiler \r\n24. Other penalties \r\n25. Penalty for tampering with register mark  \r\n26. Limitation and previous sanction for prosecutions \r\n27. Trial of offences \r\n27-A. Boilers Board \r\n28. Power to make regulations \r\n29. Power to make rules \r\n30. Penalty for breach of rules \r\n31. Publication of regulations and rules \r\n32. Recovery of fees, etc \r\n33. Applicability to the Government \r\n34. Exemptions. \r\nPower to suspend in case of emergency \r\n35. Repealed \r\nTEXT \r\nTHE BOILERS ACT, 1923 \r\n(V of 1923) \r\n[23rd February, 1923] \r\nAn \r\nAct \r\nto consolidate and amend the law relating to steam-boilers. \r\nWHEREAS it is expedient to consolidate and amend the law relating to stem -\r\nboilers; \r\nIt is hereby enacted as follows:– \r\n1. Short title, Extent and Commencement .– (1) This Act may be called the \r\n*1\r\nBoilers Act, 1923. \r\n2\r\n[(2) It extends to the whole of Pakistan.] \r\n(3) It shall come into force on such \r\n3\r\ndate as the \r\n4\r\n[Federal Government] may, \r\nby notification in the \r\n5\r\n[official Gazette], appoint. \r\n2. Definitions.– In this Act, unless there is anything repugn ant in the subject or \r\ncontext,– \r\n(a) “accident” means an explosion of a boiler or steam -pipe or any damage to \r\na boiler or steam -pipe which is calculated to weaken the  strength thereof \r\nso as to render it liable to explode; \r\n6\r\n[(aa) “Board” means the * 7\r\nBoilers Board constituted under section 27A;] \r\n(b) “boiler” means any closed vessel exceeding five gallons in capacity which \r\nis used expressly for generating steam under pre ssure * * * , \r\n8\r\nand includes \r\nany mounting or other fitting attached to such vessel, which is wholly or \r\npartly under pressure when steam is shut off; \r\n(c) “Chief Inspector” and “Inspector” mean, respectively, a person appointed \r\nto be a Chief Inspector and an Inspector under this Act; \r\n                                                 \r\n1The word “Indian” omitted by A.O., 1949 \r\n2Sub-section (2), as amended by A.O., 1949, and the Federal Laws(Revision and Declaration) Act,1951 (26 of 19 51), s.8, has been \r\nsubs. By the central Laws (Statute Reform) ordinance,1960 (21 of 1960), s.3 and 2nd sch. (with effect from the 14th October, 1955). \r\n3This Act came into force on the 1st January, 1924, see Gen. R. & O. \r\n4Subs. By F.A.O, 1975, Art. 2 and Table, for “Central Government” which was previously amended by A.O, 1937, for “ G.G. in C”. \r\n5Subs. Ibid, for “Gazette of India”. \r\n6Clauses (as) ins. by the Indian Boilers (Amdt.) Act, 1937 (11 of 1937). Section3. \r\n7The word “central” has been omitted by A.O., 1964 Art. 2 and sch. \r\n8the words “for use outside such vessel” omitted by the Indian Boilers (Amdt.) Act, 1929 (9 of 1929), s.2. \r\n9\r\n[(cc) “economizer” means any part of a fe ed-pipe that is wholly or partl y \r\nexposed to the action of flue gases for the purpose of recovery of waste \r\nheat;  \r\n(ccc) “feed-pipe” mean any pipe or connected fitting wholly or partly under \r\npressure through which feed water passes directly to a boiler and does not \r\nform an integral part thereof;] \r\n2(c) “Chief Inspector”, “Additional Chief Inspector”, “Deputy Chief Inspector” \r\nand “Inspector” mean, respectively, a person appointed to be a chief \r\nInspector, An Additional Chief Inspector, a Deputy Chief Inspector and an \r\nInspector under this Act. \r\n(d) “owner” includes any person using a boiler as agent of  the owner thereof \r\nand any person using a boiler which he has hired or obtained on loan from \r\nthe owner thereof; \r\n(e)  “prescribed” means prescribed by regulations or rules made under this \r\nAct., \r\n(f) “steam-pipe” means any main pipe exceeding three inches in internal \r\ndiameter through which steam passes directly from a boiler to a prime -\r\nmover or other first  user, and includes any connected fitting of a steam -\r\npipe; and \r\n(g) “structural alteration, addition or renewal” shall not be deemed to include \r\nany renewal or replacement of a petty nature  when the part or fitting used \r\nfor replacement is not inferior in str ength, efficiency or otherwise to the \r\nreplaced part or fitting. \r\n10\r\n2A. Application of Act to feed –pipes.– Every reference in this Act [except where \r\nthe word “steam-pipe” is used in clause (f) of section 2], to a steam -pipe or steam-pipes \r\nshall be deemed to include also a reference to a feed-pipe or feed-pipes, respectively.] \r\n11\r\n2B. Application of Act to economizers .– Every reference in this Act to a boiler or \r\nboilers [except in clause (ccc) of section 2 , clause (c ) of section 6, clauses (c ) and (d) \r\nof section 11, clause (d) of section 29 and section 34] shall be deemed to include also a \r\nreference to an economizer or economizers, respectively.] \r\n3. Limitation of application.– (1) Nothing in this Act shall apply in the case of any \r\nboiler or steam-pipe:– \r\n(a) in an y steam-ship as defined in section 2  of the \r\n12\r\nthe Merchant shipping \r\nAct, 1923 or in any mechanically propelled vessel as defined in section 2 \r\n                                                 \r\n9Subs. By the Indian Boilers (Amdt.) Act, 1947(34 of 1947), s.2, for clause (cc) which was previously amended by the Indian Bo ilers \r\n(Amdt.) Act, \r\n1943 (17of 1943), s.2. \r\n10S. 2A ins. by the Indian Boilers (Amdt.) Act, 1943 (17 of 1943), s.3. \r\n11S.2B ins. by the Indian Boilers (Amdt.) Act, 1947 (34of 1947), s.3. \r\n12See now the Merchant Shipping Act.1923 (21 of 1923),s.2. \r\nof the Inland Mechanically Propelled Vessels Act, 1917;or \r\n(b) belonging to or under the control of \r\n13\r\n[the * \r\n14\r\nPakistan Navy]; \r\n15\r\n[or \r\n(c) Appertaining to a sterilizer or disinfector of a type such as is commonly \r\nused in hospitals, if the boiler does not exceed twenty gallons in capacity.] \r\n(2) The \r\n16\r\n[Federal Government] may, by notification in the \r\n17\r\n[official Gazette], \r\ndeclare that th e provisions of this Act shall not apply in the case of boilers or steam -\r\npipes, or of any specified class of boilers or steam -pipes, belonging to or under the \r\ncontrol of any railway 1819\r\n [* * *]. \r\n20\r\n[* * * * * * * * * * * *      *] \r\n4. Power to limit extent.– The \r\n21\r\n[Provincial Government] may, by notification in the \r\n[official Gazette], exclude any specified area from the operation of all or any specified \r\nprovisions of this Act. \r\n5. Appointment of Chief Inspectors and Inspectors .– (1) The \r\n22\r\n[Provincial \r\nGovernment] may appoint such persons as it thinks fit to be Inspectors for the Province \r\nfor the purposes of this Act, and may define the local limits within which each Inspector \r\nshall exercise the powers and perform the duties conferred  and imposed on Inspectors \r\nby or under this Act. \r\n(2)(a) The Provincial Government] shall likewise appoint a person to be Chief \r\nInspector for the Province, who may, in addition  to the powers and duties conferred or \r\nimposed on the Chief Inspector by or under this act, exercise any power or perform any \r\nduty so conferred or imposed on inspectors  \r\n 2(b) The Provincial Government. may also appoint a person to be an Additional \r\nChief Inspector or Deputy Chief Inspector for a Specified area and such Additional Chief \r\nInspector, or Deputy Chief Inspe ctor shall have all or any of the powers of Chief \r\nInspector under this Act as to Government may direct and may, in addition to the \r\npowers and duties conferred or imposed on them by or under this Act exercise any \r\npower or perform any duty so conferred or imposed on Inspectors.  \r\n                                                 \r\n13The original words “the Royal Indian Marine Service” have successively been amended by A. O., 1949, to read as above. \r\n14The word “Royal” has been omitted by A.O., 1961, Art. 2 and Sch.(with effect from the 23rd March, 1956). \r\n15The word “or” and clause (c) added by the Indian Boilers (Amdt.) Act, 1942(5 of 1942), s. 2. \r\n16The original words “Governor General in Council” have successively been amended by A.O., 1937, A.O., 1949, and A.O., 1964, \r\nArt. 2 and \r\nSch., to read as above. \r\n17Subr. By A.O., 1937, for “Gazette of India”. \r\n18For list of Railways notified under this section, see Gen. R. & O. \r\n19The words “administered by the Central Government or by any Provincial Government or by any railway comp any as defined in \r\nclause (5) of section 3 of the Railways Act, 1890” as amended by A.O., 1937 and A. O., 1949, have been omitted by  A. O., 1964, \r\nArt. 2 and Sch. \r\n20Second paragraph which was Ins. By A. O., 1937, omitted by A.O., 1949. \r\n21Subs. By A.O., 1937, for “G.G. in C.” \r\n22Subs ibid., for “L. G.”. \r\n(3) Every Chief Inspector and every Inspector shall be deemed to be a public \r\nservant within the meaning of the Pakistan Penal Code. \r\n6. Prohibition of use of unregistered or un -certificated boiler .– Save as \r\notherwise expressly provided  in this Act, no owner of a boiler shall use the boiler or \r\npermit it to be used– \r\n(a) unless it has been registered in accordance with the provisions of this Act; \r\n(b) in the case of any boiler which has been transferred from one Province to \r\nanother until the transfer has been reported in the prescribed manner; \r\n(c) unless a certificate or provisional order authorizing the use of the boiler is \r\nfor the time being in force under this Act; \r\n(d) at a pressure higher than the maximum pressure recorded in such \r\ncertificate or provisional order; \r\n(e) where the [Provincial Government] has made rules requiring that boilers \r\nshall be in charge of persons holding certificates of competency, unless \r\nthe boiler is in charge of a person holding the certificate required by such \r\nrules: \r\nProvided that any boiler registered, or any boiler certified or licensed, under any \r\nAct hereby repealed shall be deemed to ha ve been registered or certified , as the case \r\nmay be, under this Act: \r\n7. Registration.– (1) The owner of any boiler which is no t registered under the \r\nprovisions of this Act may apply  to the Inspector to have the boiler registered. Every \r\nsuch application shall be accompanied by the prescribed fee. \r\n(2) On receipt of an application under sub -section (1), the Inspector shall fix a \r\ndate, within thirty days or such shorter period as may be prescribed from the date of the \r\nreceipt, for the examination of the boiler and shall give the owner thereof not less than \r\nten days notice of the date so fixed. \r\n(3) On the said date the Inspector shall proceed to measure and examine the \r\nboiler and to determine in the prescribed manner the maximum pressure, if any, at \r\nwhich such boiler may be used, and shall report the result of the examination to the \r\nChief Inspector in the prescribed form. \r\n(4) The Chief Inspector, on receipt of the report, may– \r\n(a) register the boiler and assign a register number thereto either forthwith or \r\nafter satisfying himself that any structural alteration, addition or renewal \r\nwhich he may deem necessary has been made in or to the b oiler or any \r\nsteam-pipe attached thereto, or  \r\n(b) refuse to register the boiler: \r\nProvided that where the Chief Inspector refuses to register a boiler, he shall \r\nforthwith communicate his refusal to the owner of the boiler together with the reasons \r\nthereof. \r\n(5)  The Chief Inspector shall, on registering the boiler,  order the issue to the \r\nowner of a certificate in the prescribed form authorizing the use of the boiler for a period \r\nnot exceeding twelve months at a pressure not exceeding such maximum pressure as \r\nhe thinks fit and as in accordance with the regulations made under this Act: \r\n[Provided that a certificate issued under this sub -section in respect of an \r\neconomizer may authorize its use for a period not exceeding twenty four months.] \r\n(6) The Inspector shall fo rthwith convey to the owner of the boiler the orders \r\nof the Chief Inspector and shall in accordance therewith issue to the owner any \r\ncertificate of which the issue has been ordered, and, where the boiler has been \r\nregistered, the owner shall within the pres cribed period cause the register number to be \r\npermanently marked thereon in the prescribed manner. \r\n8. Renewal of Certificate .– (1) A certificate authorizing the use of a boiler shall \r\ncease to be in force \r\n(a) on the expiry of the period for which it was granted; or  \r\n(b) when any accident occurs to the boiler; or  \r\n(c) when the boiler is moved, th e boiler not being a vertical  boiler the heating \r\nsurface of which is less than two hundred square feet, or a portable or \r\nvehicular boiler; or \r\n(d) when any structural alteration, addition or renewal is made in or to the \r\nboiler; or \r\n(e) if the Chief Inspector in any particular case so directs, when any structural \r\nalteration, addition or renewal is made in or to any steam -pipe attached to \r\nthe boiler; or  \r\n(f) on the communi cation to the owner of the boiler or an order of the Chief \r\nInspector or Inspector prohibiting its use on the ground that it or any \r\nsteam-pipe attached thereto is in a dangerous condition. \r\n(2) Where an order is made under clause (f) of sub -section (1), the grounds \r\non which the order is made shall be communicated to the owner with the order. \r\n(3) When a certificate ceases to be in force, the owner of the boiler may apply \r\nto the Inspector for a renewal thereof for such period not exceeding twelve months as \r\nhe may specify in the application: \r\n23\r\n[Provided that where the certificate relates to an economizer, the application for \r\nits renewal may be for a period not exceeding twenty four months.] \r\n(4) An application under sub -section (3) shall be accompanied by the \r\nprescribed fee and on receipt thereof, the Inspector shall fix a date, within thirty days or \r\nsuch shorter period as may be prescribed from the date of the receipt, for the \r\nexamination of the boiler and shall give the owner thereof not less than ten days notice \r\nof the date so fixed: \r\n                                                 \r\n23[Provided that a renewed certificate issued under this sub -section in respect of an economizer may authorize its use for a period \r\nnot exceeding twenty four months:] \r\nProvided that, where the certificate has ceased to be in force owing to the \r\nmaking of any structural alteration, addition or renewal, the Chief Inspector may \r\ndispense with the payment of any fee. \r\n[Provided further that in case of an economizer, the owner shall be given not less \r\nthan thirty days notice of the date fixed for its examination.] \r\n(5)  On the said date the Inspector shall examine the boiler in the prescribed \r\nmanner, and if he is satisfied that the boiler and the steam-pipe or steam-pipes attached \r\nthereto are in good condition shall issue a renewed certificate authorizing the use of the \r\nboiler for such period not exceeding twelve months and at a pressure not exceeding \r\nsuch maximum pressure as he thinks fit and as is in accordan ce with the regulations \r\nmade under this Act \r\nProvided [further] that if the Inspector.– \r\n(a) Proposes to issue any certificate.– \r\n(i) Having validity for a less period than the period entered in the \r\napplication, or \r\n(ii) Increasing or reducing the maximum pr essure at which the boiler \r\nmay be used, or  \r\n(b) proposes to order any structural alteration, addition or renewal to be made \r\nin or to the boiler or any steam-pipe attached thereto, or \r\n(c) is of opinion that the boiler is not fit for use, the Inspector shall, within \r\nforty-eight hours of making the examination, inform the owner of the boiler \r\nin writing of his opinion and the reasons thereof, and shall forthwith report \r\nthe case for orders to the Chief Inspector. \r\n(6) The Chief Inspector, on receipt of  a report und er sub -section (5) , may, \r\nsubject to the provisions of this Act and of the regulations made hereunder, order the \r\nrenewal of the certificate in such terms and on such conditions, if any, as he thinks fit, or \r\nmay refuse to renew it: \r\nProvided that where the Ch ief Inspector refuses to renew a certificate, he shall \r\nforthwith communicate his refusal to the owner of the boiler, together with the reasons \r\ntherefore. \r\n(7) Nothing in this section shall be deemed to prevent an owner of a boiler \r\nfrom applying for a renewe d certificate therefore at any time during the currency of a \r\ncertificate. \r\n9. Provisional Orders.– Where the Inspector reports the case of any boiler to the \r\nChief Inspector under sub -section (3) of section 7 or sub section (5) of section 8, he \r\nmay, if the boiler is not a boiler the use of which has been prohibited under clause (f) of \r\nsub-section (1) of section 8, grant to the owner thereof a provisional order in writing \r\npermitting the boiler to be used at a pressure not exceeding such maximum pressure as \r\nhe thinks fit and as in accordance with the regulations made under this Act pending the \r\nreceipt of the orders of the Chief Inspector. Such provisional order shall cease to be i n \r\nforce.– \r\n(a) on the expiry of six months from the date on which it is granted, or \r\n(b) on receipt of the orders of the Chief Inspector, or \r\n(c) in any of the cases referred to in clauses(b), (c), (d), (e) and (f) of sub -\r\nsection f(1) of section 8, and on so ceasing to be in force shall be \r\nsurrendered to the Inspector. \r\n10. Use of boilers pe nding grant of  certificate.– (1) Notwithstanding anything \r\nhereinbefore contained, when the period of a certificate relating to a boiler has expired, \r\nthe owner shall, provided that he has applied before the expiry of that period for a \r\nrenewal of the certificate, be entitled to use the boiler at the maximum pressure entered \r\nin the former certificate pending the issue of orders on the application. \r\n(2)  Nothing in sub-section (1) shall be deemed to authorize the use of a boiler \r\nin any of the cases referred to i n clauses (b), (c), (d), (e) and (f) of sub -section f(1) of \r\nsection 8 occurring after the expiry of the period of the certificate. \r\n11. Revocation of certificate or provisional order .– The Chief Inspector may at \r\nany time withdraw or revoke any certificate o r provisional order on the report of an \r\nInspector or otherwise– \r\n(a) if there is reason to believe that the certificate or provisional order has \r\nbeen fraudulently obtained or has been granted erroneously or without \r\nsufficient examination; or \r\n(b) if the boiler in respect of which it has been granted has sustained injury or \r\nhas ceased to be in good condition; or \r\n(c) where the [Provincial Government] has made rules requiring that boilers \r\nshall be in charge of persons holding certificates of competency, if the \r\nboiler is in charge of a person not holding the certificate required by such \r\nrules; or \r\n(d) where no such rules have been made, if the boiler is in charge of a person \r\nwho is not, having regard to the condition of the boiler, in the opinion of \r\nthe Chief Inspector competent to have charge thereof: \r\nProvided that where the Chief Inspector withdraws or revokes a certificate or \r\nprovisional order on the ground specified in clause (d), he shall communicate to the \r\nowner of the boiler his reasons in writing for the wit hdrawal or revocation, and the order \r\nshall not take effect until the expiry of thirty days from the receipt of such \r\ncommunication. \r\n12. Alterations and renewal to boilers .– No structural alteration, addition or \r\nrenewal shall be made in or to any boiler regi stered under this Act unless such \r\nalteration, addition or renewal, has been sanctioned in writing by the Chief Inspector. \r\n13. Alterations and renewal to Steam -pipes.– Before the owner of any boiler \r\nregistered under this Act makes any structural alteration, addition or renewal in or to any \r\nsteam-pipe attached to the boiler, he shall transmit to the Chief Inspector a report in \r\nwriting of his  intention, and shall send therewith such particulars of the proposed \r\nalteration, addition or renewal as may be prescribed. \r\n14. Duty of owner at examination .– (1) On any date fixed under this Act for the \r\nexamination of a boiler, the owner thereof shall be bound– \r\n(a) to afford to the Inspector all reasonable facilities for the examination and \r\nall such information as may reasonably be required of him; \r\n(b) to have the boiler properly prepared and ready for examination in the \r\nprescribed manner; and \r\n(c)  in the case of an application for the registration of a boiler, to provide \r\nsuch drawings, specification, certificates and other  particulars as may be \r\nprescribed. \r\n(2) If the owner fails, without reasonable cause, to comply with the provisions \r\nof sub-section (1), the Inspector shall refuse to make the examination and shall report \r\nthe case to the Chief Inspector who shall, unless suf ficient cause to the contrary is \r\nshown, require the owner to file a fresh application under section 7 or section8, as the \r\ncase may be, and may forbid him to use the boiler notwithstanding anything contained \r\nin section10. \r\n15. Production of certificates, etc.– The owner of any boiler who holds a certificate \r\nor provisional order relating thereto shall, at all reasonable times during the period for \r\nwhich the certificate or order is in  force, be bound to produce the same when called \r\nupon to do so by a District M agistrate, or Magistrate of the first class having jurisdiction \r\nin the area in which the boiler is for the time being or by the Chief Inspector or by an \r\nInspector or by any Inspector appointed under the Factories Act, 1934, or by any person \r\nspecially authorized in writing by a District Magistrate  \r\n16. Transfer of certificates, etc .– If any person becomes the owner of a boiler \r\nduring the period for which a certificate or provisional order relating thereto is in force, \r\nthe preceding owner shall be bound to ma ke over to him the certificate or provisional \r\norder. \r\n17. Power of entry.– An Inspector may, for the purpose of inspecting or examining a \r\nboiler or any steam-pipe attached thereto or of seeing that any provision of this Act or of \r\nany regulation or rule made  hereunder has been or is being observed at all reasonable \r\ntimes enter any place or building within the limits of the area for which he has been \r\nappointed in which he has reason to believe that a boiler is in use. \r\n18. Report of accidents .– (1) If any accid ent occurs to a boiler or steam -pipe, the \r\nowner or person in charge thereof shall, within twenty four hours of the accident, report \r\nthe same in writing to the Inspector. Every such report shall contain a true description of \r\nthe nature of the accident and of the injury , if any, caused thereby to the boiler or to the \r\nsteam-pipe or to any person, and shall be in sufficient detail to enable the Inspector to \r\njudge of the gravity of the accident. \r\n(2) Every person shall be bound to answer truly to the best of his  knowledge \r\nand ability every question put to him in writing by the Inspector as to the cause, nature \r\nor extent of the accident. \r\n19. Appeals to Chief Inspector.– Any person considering himself aggrieved by  \r\n(a) an order made or purporting to be made by an I nspector in the exercise of \r\nany power conferred by or under this Act, or \r\n(b) a refusal of an Inspector to make any order or to issue any certificate \r\nwhich he is required or enabled by or under this Act to make or issue, \r\nmay, within thirty days from the dat e on which such order  or refusal is \r\ncommunicated to him, appeal against the order or refusal to the Chief Inspector. \r\n20. Appeals to appellate authority .– Any person considering himself aggrieved by \r\nan original or appellate order of the Chief Inspector– \r\n(a) refusing to register a boiler or to grant or renew certificate in respect of a \r\nboiler; or  \r\n(b) refusing to grant a certificate having validity for the full period applied for; \r\nor \r\n(c) refusing to grant a certificate authorizing the use of a boiler at the \r\nmaximum pressure desired; or \r\n(d) withdrawing or revoking a certificate or provisional order; or  \r\n(e) reducing the amount of pressure specified in any certificate or the period \r\nfor which such certificate has been granted; or \r\n(f) ordering any structural alteration, addition or renewal to be made in or to a \r\nboiler or steam -pipe , or refusing sanction to the making of any structural \r\nalteration, addition or renewal in or to a boiler. \r\nmay, within thirty days of the communication to him of such order, lodge with the \r\nChief Inspector an appeal to an appellate authority to be constituted by the [Provincial \r\nGovernment] under this Act. \r\n21. Finality of orders .– An order of an appellate authority under section 20 and, \r\nsave as otherwise provided in sections 19 and 20, and order of the Chief Inspector or of \r\nan Inspector shall be final and shall not be called in question in any court. \r\n22. Minor Penalties .– Any owner of a boiler who refuses or without reasonable \r\nexcuse neglects– \r\n(i) to surrender a provisional order as required by section 9, or \r\n(ii) to produce a certificate or provisional order when duly called upon to do so \r\nunder section 15, or  \r\n(iii) to make over to the new owner of a boiler a certificate or provisional order \r\nas required by section 16, \r\nshall be punishable with fine which may extend to one hundred rupees. \r\n23. Penalties for illegal use of boiler .– Any owner of a boiler who, in any  case in \r\nwhich a certificate or provisional order is required for the use of the boiler under this Act, \r\nuses the boiler either without any such certificate or orde r being in force or at a higher \r\npressure than that allowed thereby, shall be punishable with fine which may extend to \r\nfive hundred rupees,  and, in the case of a continuing offence, with an additional fine \r\nwhich may extend to  one hundred rupees for each day  after the first day in regard to \r\nwhich he is convicted of having persisted in the offence. \r\n24. Other Penalties.– Any person who– \r\n(a) Uses or permits to be used a boiler of which he is the owner and which \r\nhas been transferred from one province to another w ithout such transfer \r\nhaving been reported as required by section 6, or \r\n(b) Being the owner of a boiler fails to cause the registered number allotted to \r\nthe boiler under this Act to be marked on the boiler as required by sub -\r\nsection (6) of section 7, or \r\n(c) Makes any structural alteration, addition or renewal in or to a boiler without \r\nfirst obtaining the sanction of the Chief Inspector when so required by \r\nsection 12, or to a steam -pipe without first informing the chief Inspector, \r\nwhen so required by section 13, or  \r\n(d) Fails to report an accident to a boiler or steam -pipe when so required by \r\nsection 18,or  \r\n(e) Tampers with a safety value of a boiler so as to render it inoperative at the \r\nmaximum pressure at which the use of the boiler is authorized under this \r\nAct, shall be punishable with fine which may extend to five hundred \r\nrupees. \r\n25. Penalty for tampering with register mark .– (1) Whoever removes, alters, \r\ndefaces, renders invisible or otherwise tampers with the register number marked on a \r\nboiler in accordance with the provisions of this Act or any Act repealed hereby, shall be \r\npunishable with fine which may extend to five hundred rupees. \r\n(2) Whoever fraudulently marks upon a boiler a register number which has \r\nnot been allotted to it under this Act or any Act repealed hereby, shall  be punishable \r\nwith imprisonment which may extend to two years or with fine, or with both. \r\n26. Limitation and previous sanction for prosecutions .– No prosecution for an \r\noffence made punishable by or under this Act shall be instituted  except within six \r\nmonths from the date of the commission of the offence and no such prosecution shall \r\nbe instituted without the previous sanction of the Chief Inspector. \r\n27. Trial of offences .– No offence made punishable by or under this Act shall be \r\ntried by a court inferior to that of * * * a Magistrate of the first class. \r\n27A. Boilers Board.– (1) A Board to be called the [Boilers Board] shall be constituted \r\nto exercise the powers conferred by section 28. \r\n[(2) The Board shall consist of [four] members, namely:– \r\n(a) A chairman to be nominated by the Federal Government; \r\n[(b)  one member to be nominated by each of the Provincial Governments; \r\n(c) one member to be nominated by the Pakistan Railways;] \r\n(d) such other members as the Federal Government may, by notifica tion in \r\nthe official gazette nominate. \r\n(3) Any vacancy occurring in the Board,  * * * shall be filled as soon as may be \r\nby a nomination made by the authority by whom the member vacating office was \r\nnominated. \r\n(4) The Board shall have full power to regulate by  bye-laws or otherwise its \r\nown procedure and the conduct of all business or to be transacted by the Board. \r\n(5) The powers of the Board may be exercised notwithstanding any vacancy \r\nin the Board.] \r\n28. Power to make regulations.– (1) The [Board] may, by notif ication in the [official \r\nGazette], make regulations  consistent with this Act for all or any of the following \r\npurposes, namely:– \r\n(a) for laying down the standard conditions in respect of material, design and \r\nconstruction which shall be required for the purp ose of enabling the \r\nregistration and certification of a boiler under this Act; \r\n[(aa) for prescribing the circumstances in which, the extent to which, and the \r\nconditions subject to which variation from the standard conditions  laid \r\ndown under clause (a) may be permitted. \r\n(b) for prescribing the method of determining the maximum pressure at which \r\na boiler may be used; \r\n(c) for regulating the registration of boilers, prescribing the fees payable \r\ntherefore, the drawing s, specifications, classification and particu lars to be \r\nproduced by the owner, the method  of preparing a boiler for examination, \r\nthe form of the Inspector’s report thereon, the method of marking the \r\nregister number, and the period within which such number is to be marked \r\non the boiler; \r\n(d) for regulating the inspection and examination of boilers and steam -pipes, \r\nand prescribing forms of certificates thereof, \r\n(e) for ensuring the safety of persons working inside a boiler; and \r\n(f) for providing for any other matter which is not,  in the opinion of the Bo ard, \r\na matter of merely local or provincial importance. \r\n29. Power to make rules .– The [Provincial Government] may, by notification in the \r\n[official Gazette], make rules consistent with this Act and the regulations made there \r\nunder for all or any of the following purposes, namely:– \r\n(a) for prescribing the qualifications and duties of the Chief Inspector and of \r\nInspectors, * * * for prescribing or constituting authorities to which they shall \r\nrespectively be subordinate,  and the limits of the administrative co ntrol to \r\nbe exercised by such authorities; \r\n(aa) for prescribing the qualifications and duties of the Chief Inspector , \r\nAdditional Chief Inspectors, Deputy Chief Inspectors and of Inspectors for \r\nprescribing or constituting authorities to which they shall re spectively be \r\nsubordinate, and the limits of the administrative control to be exercised by \r\nsuch authorities \r\n(b) for regulating the transfer of boilers; \r\n(c) for providing the registration and certification of boilers in accordance with \r\nthe regulations made under this Act; \r\n(d) for requiring boilers to be in charge of persons holding certificates of \r\ncompetency, and for prescribing the conditions on which such certificates \r\nmay be granted; \r\n(e) for prescribing the times within which Inspectors shall be required to \r\nexamine boilers under section 7 or section 8; \r\n(f) for prescribing the fees payable for the issue of renewed certificates and \r\nthe method of determining the amount of such fees in each case; \r\n(g) for regulating inquiries into accidents; \r\n(h) for constituting the appellate autho rity referred to in section 20, and for \r\ndetermining its power and procedure; \r\n(i) for determining the mode of disposal of fees, costs and penalties levied \r\nunder this Act; and \r\n(j) generally to provide for any matter which is , in the opinion of the \r\n[Provincial Gover nment], a matter of merely local importance in the \r\nProvince. \r\n[* * * * * * * * * * * *      *] \r\n30. Penalty for breach of rules .– Any regulation or rule made under section 28 or \r\nsection 29 may provide that a contravention thereof shall be punishable with fin e which \r\nmay extend to one hundred rupees. \r\n31. Publication of regulations and rules .– (1) The power to make regulations and \r\nrules conferred by sections 28 and 29 shall be subject to the condition of the \r\nRegulations and rules being made after previous publication. \r\n(2) Regulations and rules so made shall be published in the [official Gazette] \r\nand, on such publication, shall have effect as if enacted in this Act. \r\n32. Recovery of fees, etc .– All fees, costs and penalties levied under this Act shall \r\nbe recoverable as arrears of land-revenue \r\n33. Applicability to the Government .– Save as otherwise expressly provided, this \r\nAct shall apply to boilers and steam-pipes belonging in the [Government] \r\n34. Exemptions.– [(1) The [Provincial Government] may, be notification in  the \r\n[official Gazette], exempt from the operation of this Act, subject to such conditions and \r\nrestrictions as it thinks fit, any boilers or classes or types of boilers used exclusively for \r\nthe heating of buildings or the supply of hot water.] \r\nPower to suspend in case of emergency. \r\n[(2) In case of any emergency, the [Provincial Government] may, by general or \r\nspecial order in writing, exempt any boiler or steam -pipe from the operation of all or any \r\nof the provisions of this Act.  \r\n35. [Repeal of enactments] .– Rep. by Repealing Act, 1927 (XII of 1927), s, 2 and \r\nSchedule.",
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