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(d) |
"owner" includes
any person using a boiler as agent of the
owner thereof and any person using a boiler
which he has hired or obtained on loan from
the owner thereof; |
(e) |
"prescribed" means
prescribed by regulations or rules made under
this Act; |
1[(f)
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"steam-pipe" means
any pipe through which steam passes from
a boiler to a prime-mover or other user
or both, if |
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(i) |
the pressure at which steam passes through such pipe exceeds 3.5 kilograms per square centimetre above atmospheric pressure; or |
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(ii) |
such pipe exceeds 254 millimetres in internal diameter; |
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and includes in either case
any connected fitting of a steam-pipe;] |
(g) |
"Structural alteration,
addition of renewal" shall not be deemed
to include any renewal or replacement of a
petty nature when the part or fitting used
for replacement is not inferior in strength,
efficiency or otherwise to the replaced part
or fitting. |
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| (i) |
The meaning of the definition
of "boiler" in section 2(b) is
that the definite and clear object of the
contrivance should be to generate steam
under pressure. The fact that in a particular
contrivance though steam is generated under
pressure, the steam is used only for sterilising
some vessels, cannot take it away from
the definition of a "boiler" for
the use to which the steam is ultimately
put, is quite irrelevant to the issue;
A.S. Agarwal v. Emperor. AIR 1939 All 697:
1939 ALJ 806. |
| (ii) |
A Company is a legal entity
and is included in the definition of "owner";
B.N. Mehrotra v. State. AIR 1956 Cal 137
: 60 Cal W.N. 305. |
| (iii) |
The word "owner"
as defined extends its dictionary meaning.
Even an agent using the boiler on behalf
of the absentee owner though not owner
in the ordinary terms is nevertheless
deemed to be the owner for the purposes
of the Act; Lakhan Sahu v. Shyam Sundar.
AIR 1937 Pat 509: 38 CLJ 1054. |
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| 2[2A. |
Application
of Act to feed pipes.- |
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| Every reference
in this Act [except where the word "steam-pipe"
is used in clause (f) of section 2] to a
steam-pipe or steam-pipes shall be deemed
to include also a reference to a feed-pipe
or feed-pipes, respectively.] |
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3[2B. |
Application
of Act to economisers.- |
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Every reference in this Act to a boiler or boilers
[except in clause (ccc) of section 2, 4
[***] 5[***] shall be deemed to include
also a reference to an economiser or economisers,
respectively.] |
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3. |
Limitation
of application.- |
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(1) |
Nothing in this Act shall
apply in the case of any boiler of steam-pip |
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(a) |
in any steam-pipe as defined in section 3 of the 6Indian Steam-ships Act, 1884 (7 of 1884), or in any steam-vessel as defined in section 2 of the Inland Steam-vessels Act, 1917 (1 of 1917); or |
7[(b) |
belonging to, or under the control of, the Army, Navy or Air Force; or] |
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