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| Regulation of boilers was a
provisional subject. There were seven Provincial
Boiler Acts. Some of them were enacted several
years earlier and they were out of date, and
all of them were inconsistent with each other.
To secure uniformity throughout India in all
technical matters connected with boiler regulations
the Indian Boilers Bill was introduced in
the Legislature. |
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STATEMENT
OF OBJECTS AND REASONS |
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| Under the Devolution Rules
the Regulation of boilers is a provincial
subject, subject to legislation by the
Indian Legislature. There are at present
seven Provincial Boiler Acts; some of
them were framed many years ago and are
out of date, and all of them are inconsistent
with each other. The result is that different
rules are enforced in different provinces
and the anomalous position has been reached
that a boiler which is allowed to work
up to a certain pressure in one province
can only be worked to a much lower pressure
when transferred to another province.
Further in the interest of safety a boiler
required regular inspection in whatever
Province it may be situated and it is
wrong that in certain Provinces no boiler
law should be in force at all. The object
therefore of the present legislation is:-
(a) to secure uniformity throughout India
in all technical matters connected with
boiler regulations e.g., standards of
construction, maximum pressure, and (b)
to insist on the registration and regular
inspection of all boilers throughout India.
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| The object can only be attained by all India Act, with uniform regulations throughout the country; under the Devolution Rules, as explained above, it is the function of the Central Government to promulgate such an Act. |
(2)
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The subject being a highly
technical one a Committee of three persons
including two boiler experts were appointed
to examine the existing provincial laws
and to put forward proposals for an all
India Act, based on the provisions of
these laws brought up to date and coordinated.
The report of this Committee has been
published and the views of Local Governments
obtained upon it.
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The Bill which is now presented to the Assembly is the result of their recommendations as modified after consideration of the views of Local Governments. |
(3) |
The only important respect in which the
Bill diverges from certain of the existing
Acts is with regard to certificated boiler
attendants. It is only in a few provinces
that boiler attendants are required to possess
certificates of competency. The Industrial
Commission recommended that this requirement
was unnecessary, a recommendation which the
Boiler Laws Committee endorsed, and in which
Local Government including those now insisting
on certificates have unanimously agreed. |
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ACT
5 OF 1923 |
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| The Indian Boilers Bill having been
passed by the Legislature was assented,
on 23rd February, 1923. It came on the
Statute Book as THE INDIAN BOILERS ACT,
1923 (5 of 1923). |
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LIST
OF AMENDING ACTS AND ADAPTATION ORDERS |
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| 1. |
The Repealing Act, 1927 (12 of 1927). |
| 2. |
The Indian Boilers (Amendment)
Act, 1929 (9 of 1929). |
| 3. |
The Government of India (Adaptation
of Indian Laws) Order, 1937. |
| 4. |
The Indian Boilers (Amendment)
Act, 1937 (11 of 1937). |
| 5. |
The Repealing and Amending Act,
1939 (34 of 1939). |
| 6. |
The Indian Boilers (Amendment)
Act, 1942 (5 of 1942). |
| 7. |
The Indian Boilers (Amendment)
Act, 1943 (17 of 1943). |
| 8. |
The Indian Boilers (Amendment)
Act, 1947 (34 of 1947). |
| 9. |
The Indian Independence (Adaptation
of Central Acts and Ordinances) Order, 1948. |
| 10. |
The Adaptation of Laws Order,
1950. |
| 11. |
The Part B States (Laws) Act,
1951 (3 of 1951). |
| 12. |
The Indian Boilers (Amendment)
Act, 1951 (38 of 1951). |
| 13. |
The Indian Boilers (Amendment)
Act, 1952 (25 of 1952). |
| 14. |
The Repealing and Amending Act,
1952 (48 of 1952). |
| 15. |
The Adaptation of Laws (No.3)
Order, 1956. |
| 16. |
The Indian Boilers (Amendment)
Act, 1960 (18 of 1960). |
| 17. |
The Pondicherry (Extension of
Laws) Act, 1968 (26 of 1968). |
| 18. |
The Delegated Legislation Provisions
(Amendment) Act, 1985 (4 of 1986). |
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