Updated: Tuesday July 19, 2016/AthThulatha
Shawwal 14, 1437/Mangalavara
Asadha 28, 1938, at 05:45:25 PM
The Boilers and Pressure Vessels Ordinance, 2002
ORDINANCE NO. CXXI OF 2002
[13th November, 2002]
An Ordinance to amend and
consolidate the law relating to boilers and pressure vessels
WHEREAS it is expedient to amend and consolidate the law
relating to boilers and pressure vessels;
AND WHEREAS it is expedient to provide for regulation, use,
construction, installation and repair of boilers and pressure vessels;
prescribe uniform rules and regulations for boilers and pressure vessels and
for matters ancillary thereto or connected therewith;
AND WHEREAS the President is satisfied that circumstances exist
which rendered it necessary to take immediate action;
NOW, THEREFORE, in pursuance of the Proclamation of Emergency of
the fourteenth day of October, 1999, and the Provisional Constitution Order No.
1 of 1999, read with the Provisional Constitution (Amendment) Order No.9 of
1999, and in exercise of all powers enabling him in that behalf, the President
of the Islamic Republic of Pakistan is pleased to make and promulgate the
following Ordinance,---
1. Short title, extent and
commencement.----- (1) This
Ordinance may be called the Boilers and Pressure Vessels Ordinance, 2002.
(2) It extends to the whole of
(3) It shall come into force on such
date as the Federal Government may, by notification in the official Gazette,
specify in this behalf and different dates may be specified for different
provisions.
2. Definitions.- (1) In this Ordinance, unless there is anything
repugnant in the subject or context,---
(a) “accident”
means an explosion of a boiler or any part thereof, which results to
weaken the structural strength and render it due for further certification;
(b) “Ad hoc
Technical Committee” means the Ad hoc Technical Committee constituted under
section 26;
(c) “Board”
means the Federal Boilers and Pressure Vessels Safety Board constituted under
section 25;
(d) “boiler”
means a closed vessel exceeding twenty-five liters in capacity ill which water
is heated, steam is generated and superheated or a combination thereof under
pressure, for external use by the application of heat from combustible fuels,
electricity or external thermal energy, and includes any mountings or other
fittings attached to such vessel which are wholly or partly under pressure
when steam is shut off by isolating valve mounted on steam generation
equipment;
(e) “Chief
Inspector and Deputy Chief Inspector” means, respectively, a qualified person
appointed to be a Chief Inspector and Deputy Chief Inspector under this
Ordinance;
(f) “department”
means the department or branch of a Provincial Government charged with the
enforcement of this Ordinance;
(g) “design
specification” means the specifications or standards as specified in the codes
referred to in clause (k) to which the boiler shall be designed or manufactured
and examined;
(h) “economizer”
means any part of heat exchange surface that is wholly or partially exposed to
the flue gases for the purpose of recovery of waste heat;
(i) “Inspector”
means an Inspector appointed under this Ordinance;
(j) “Inspection
Authority” means the organization other than manufacturer and user, approved by
the Board authorized to carry out inspection during manufacturing, first
registration and yearly inspection as provided under this Ordinance and
includes the approved third party inspection companies and insurance companies;
(k) “manufacturer”
means the company or firm recognized by the Board, competent to manufacture
complete or in parts, a boiler, or fitting, and completes the product and is
responsible for the product according to any one of the following codes, namely
:-
(i)
(ii) ASME
(American Society of Mechanical Engineers);
(iii) BS
(British Standard);
(iv) TRD;
(v) JIS
(Japanese Industrial Standard);
(vi) I.S.O.
Standards; and.
(vii)
Prevailing internationally approved code subject to the approval of the Board;
(l) “owner”
includes any company who is in the possession of a boiler or under whose name
it has been registered;
(m) “prescribed”
means prescribed by regulations or rules made under this Ordinance;
(n) “pressure
vessel” means a vessel along with its fitting other than a boiler which is
capable of being used to contain, distribute, transfer, process or otherwise
handle gas, vapors, liquids and store energy under pressure internally and
externally;
(o) “Registration
Certificate” means the Registration Certificate issued under Section 7; and
(p) “structural
alteration, addition or renewal” means changes and deviations from original
design in the pressure parts but shall not be deemed to include any renewal or
replacement of a petty nature when the part of fitting used for replacement is
not inferior in strength, efficiency or otherwise to the replaced part or
fitting.
(2) Every reference in this Ordinance
to any boiler or economizer where provided shall be considered as integral part
of the boiler.
3. Limitation of application of this
Ordinance--(1) Nothing in this
Ordinance shall apply,---
(a) in the
case of any boiler in any steamship or in any mechanically propelled vessel,
and
(b)
appertaining to a sterilizer or disinfector and the like used in
hospitals, hotels, laboratories and other industries etc. if it does not
exceed ninety one litres in capacity.
(2) The Federal Government may by
notification in the official Gazette, declare that the provisions of this
Ordinance shall not apply in the case of boilers or steam-pipes of any
specified class of boilers or steam-pipes, belonging to or under the control of
Railway.
4. Power to limit extent.--- The Provincial Government may with the concurrence of
the Board, by notification in the official Gazette, exclude any specified area
from the operation of all or any of the provisions, of this Ordinance.
5. Appointment of Chief Inspector,
Deputy Chief Inspector and Inspector.__(1) The Provincial Government shall appoint a person
to be Chief Inspector for the province, who may, in addition to the powers and
duties conferred or imposed on the Chief Inspector under this Ordinance,
exercise any power or perform any duty so conferred or imposed on Deputy Chief
Inspector and Inspector by or under this Ordinance.
(2) The Provincial Government may
appoint such persons as it thinks fit to be Deputy Chief Inspectors for the
Province who may, in addition to the powers and duties conferred or imposed on
the Deputy Chief Inspector under this Ordinance, exercise any power, or perform
any duty so conferred or imposed on Inspector by or under this Ordinance.
(3) The Provincial Government may
appoint such persons as it thinks fit to be Inspectors for the Province fur the
purpose of this Ordinance, and may define the local limits within which each
Inspector shall exercise the powers and perform the duties conferred or imposed
by, or under, this Ordinance.
(4) Every Chief Inspector. Deputy Chief
Inspector and Inspector shall be deemed to be a public servant within the meaning
of the Pakistan Penal Code (Act XLV of 1860).
6. Prohibition of use or
unregistered or uncertified boilers.---- Save as otherwise expressly provided in this
Ordinance, no owner of a boiler shall use the boiler or permit it to be used,---
(a) unless
it has been registered in accordance with the provisions of this Ordinance;
(b) in the
case of any boiler which has been transferred from one Province to another,
until the transfer has been reported in the prescribed manner,
(c) unless a
certificate or provisional order authorizing the use of the boiler is for the
time being in force under this Ordinance;
(d) at
a pressure higher than the maximum pressure recorded in such certificate or
provisional order or under which the boiler was constructed and stamped; and
(e) unless
the boiler is in the charge of a person holding the Boilers Engineers
Competency Certificate required by such rules and not more than sixty years old
or less than twenty-five years of age.
7. Registration.- (1) The owner of a boiler, which is not
registered under the provisions of this Ordinance, shall apply to the Chief
Inspector, under intimation to the insurance company, to have the boiler
registered. Imported boilers which have been operated outside Pakistan will
require an examination certificate from an insurance or third party inspection
company of the country where the boiler has been in operation confirming
integrity of boiler in line with the guidelines for the Examination of Boiler
End Plate to Furnace and Shell Welded Joints issued by the Associated Offices
Technical Committee, UK or country of origin. The application shall be
accompanied by a copy of bill of entry and evidence of payment of custom duty
and such application shall be accompanied by the prescribed fee.
(2) On receipt of an application
under sub-section (1) the insurance company shall fix a date, within fifteen
days or such shorter period as may be prescribed from the date of the receipt,
for the examination of the boiler and shall decide the inspection time and
schedule with the owner.
(3) On the date referred to in
sub-section (2) the insurance company shall proceed to examine the boiler and
to determine in the prescribed manner the maximum pressure, if any, at which
such boiler may be used, and shall report the result of the examination to the
Chief Inspector.
(4) The Chief Inspector shall,---
(i) on
receipt of the approval certificate from the insurance company shall register
the boiler and assign a registration number forthwith within three working
days; or
(ii) on
receipt of examination report from the insurance company declaring the boiler
not fit for approval, refuse to register the boiler.
(5) Where the Chief inspector refuses
to register a boiler the insurance company shall forthwith communicate refusal
to the owner of the boiler together with the reasons thereof
(6) The Chief Inspector may randomly
check or counter check the quality of inspection and the procedure of
examination of the insurance company but not exceeding twenty-five percent of
boilers offered for first registration.
(7) The Chief Inspector shall, on
registering the boiler, order to issue a Registration Certificate to the owner
in the prescribed form authorizing the use of the boiler for a period not
exceeding twelve months at a pressure not exceeding such maximum pressure as
may be prescribed by regulations.
(8) The Inspector shall forthwith
convey to the owner of the boiler, the order of the Chief Inspector through
courier or registered post. The owner shall within seven days of receipt of
Registration Certificate cause the register number to be permanently marked
thereon in the prescribed manner.
(9) The procedure for registration of a
boiler shall be completed by all means within thirty days of submission of an
application for registration of the boiler subject to the fulfilment of all
applicable procedures and technical requirements by the owner. The copy of all,
the documents submitted by the owner of the boiler along with orders and notes
of the Chief Inspector and insurance company, shall be sent to the Board for
record and computerized data bank.
8. Renewal of Registration
Certificate,----(1) The Registration
Certificate authorizing the use of a boiler shall cease to be in force,---
(a) on the
expiry of the period for which it was granted;
(b) when any
accident occurs to the boiler;
(c) when the
boiler is moved from one location to another unless it is registered as mobile
unit;
(d) when any
structural alteration, addition or renewal is made in or to any steam-pipe
attached to the boiler; or
(e) if
the Chief Inspector in any particular case so directs, when any structural
alteration, addition or renewal is made in or to any steam pipe made in or to
any steam-pipe attached to the boiler.
(2) When a Registration Certificate
ceases to be in force, the owner of the boiler shall have the option to apply
to the insurance company or the Inspector for a renewal thereof under
intimation to the Chief Inspector for such period not exceeding twelve months
as he may specify in the application.
(3) An application
under sub-section (2) shall be accompanied by the prescribed fee and forwarded
to tile Chief Inspector under intimation to the insurance company or the
Inspector, as the case may be. On receipt of intimation from the owner, the
insurance company or the Inspector, as the case may be, shall fix a date,
within fifteen days or such shorter period as may be agreed with the owner from
the date of the receipt, for the examination of the boiler and shall give the
owner thereof not less than three days notice the date so fixed:
Provided that, where the certificate
has ceased to be in force owing to any structural alteration, addition or
renewal, the Chief Inspector may dispense with the payment orally prescribed
fee.
(4) On the date fixed under sub-section
(3) the insurance company or the Inspector, as the case may be, shall examine
the boiler as per approved applicable code, and if the insurance company or the
Inspector, as the case may be, is satisfied that the boiler is in good
condition shall recommend to the Chief Inspector for renewal of the
Registration Certificate authorizing the use of the boiler for such period not
exceeding twelve months and at a pressure not exceeding such maximum pressure
as the insurance company or the Inspector as tile case may be, may determine
and as may be prescribed by regulations.
(5) Where the insurance company or the
Inspector, as the case may be,---
(a) makes
recommendations as per the approved codes to any structural alteration,
addition or renewal to be made in or to the boiler; or
(b) is
of opinion that the boiler is not fit for use, the insurance company or the
Inspector, as the case may be, shall inform the owner of the boiler in writing
of findings and the reasons thereof, and shall forthwith report the case with
recommendations for orders to the Chief Inspector.
(6) The Chief Inspector, on receipt of
a report under sub-section (5) may, subject to the provisions of this Ordinance
and of the regulations made thereunder, order the renewal of the Registration
Certificate in such terms and on such conditions, if any, as he thinks fit, or
may refuse to renew it:---
Provided that where the Chief Inspector
refuses to renew a Registration Certificate, he shall forthwith communicate his
refusal to the owner of the boiler, together with the reasons thereof.
(7) The aggrieved party may, within
seven days of the order, apply to the Board regarding rejection of his request
for the renewal of Registration Certificate and the Board shall issue
appropriate orders either approving or disapproving the order of tile Chief
Inspector within thirty days of notice of order of the Chief Inspector.
(8) Nothing in this section shall be
deemed to prevent an owner of a boiler from applying for a renewal of
Registration Certificate at any time during the currency of a Registration
Certificate
9. Provisional
orders.----(1) Where the Inspector
has based on the findings of the insurance company, reports the case of any
boiler to the Chief Inspector under subsection (3) or (4) of section 8, he may
, if the use of boiler is not prohibited under subsection (1) of section 8, issue
a provisional order to the owner in writing permitting the boiler to be used at
a pressure not exceeding such maximum pressure as recommended by the insurance
company and as may be prescribed by regulations, pending the receipt of the
order of the Chief Inspector.
(2) A provisional order issued under
sub-section (1) shall cease to be in force,---
(a) on the
expiry of six months from the date on which it is granted;
(b) on
receipt of the orders of the Chief inspector; or
(c) in any
of the cases referred to in clauses (b), (c), (d) and (e) of sub-section (1) of
section 8 shall stands cancelled.
10. Use of boiler pending grant of
Registration Certificate. (1) Notwithstanding anything contained in this
Ordinance, when the period of a Registration Certificate relating to a boiler
has expired, the owner shall, provided that he has applied before the expiry of
that period for a renewal of the Registration Certificate, be entitled to use
the boiler at the maximum pressure entered in the former Registration
certificate pending the issue of orders on the application:---
Provided that nothing in this section
shall be deemed to authorize the use of a boiler in any of the cases referred
to in clauses (b), (c), (d) and (e) of sub-section (1) of section 8
occurring after the expiry of the period of the Registration Certificate.
(2) When a boiler cannot be offered for
inspection by the owner for reasons which in the opinion of the owner are
beyond his control such as the existence of a federal emergency, the owner may
approach the Chief Inspector, who may authorize the use of the boiler for a
period not exceeding three months after the expiry of the Registration Certificate.
The owner may also approach the Chief Inspector for grant of a provisional
certificate not exceeding three months on payment of the prescribed fee.
11. Revocation of Registration
Certificate or provisional order.-----(1)
The Chief Inspector may, at any time, withdraw or revoke a Registration
Certificate or provisional order on the report of the Inspector,---
(a) if
there is reason to believe that the Registration. Certificate or provisional
order has been fraudulently obtained or has been granted erroneously or without
sufficient examination; or
(b) if the
boiler in respect of which it has been granted has developed some defect or has
ceased to be in good conditions; or
(c) where
the Provincial Government has made rules requiring that boilers shall be in the
charge of persons holding certificates of competency and the boiler is in the
charge of a person not holding the certificate required by such rules; or
(d) where no such rules have been made, if the boiler is
in the charge of a person who is not maintaining the boiler in accordance with
standard operation procedures:---
Provided that where the Chief Inspector
withdraws or revokes a Registration Certificate or provisional order on the
ground specified in clause (d), he shall communicate to the owner of the boiler
the reasons in writing for the withdrawal or revocation, and the order shall
not take effect until the expiry of fifteen days from the receipt of such
communication.
(2) The owner shall have the right to
appeal to the Board against the order of the Chief Inspector.
(3) The Board shall issue appropriate
orders either approving or disapproving the order of the Chief Inspector within
thirty days of notice of the order of the Chief Inspector.
12. Alterations and renewals to
boilers.--- No structural
alteration, addition or renewal shall be made by the repairer in any boiler
registered under this Ordinance unless such alteration, addition or
renewal has been sanctioned in writing by the Chief Inspector. The execution of
any modification as per the approved drawings shall be verified by the
insurance company.
13. Duty of owner at
examination.----- (1) On any
date fixed under this Ordinance for the examination of a boiler, the owner
thereof shall be bound,---
(a) to
intimate the Inspector regarding date of inspection and also to the insurance
company selected, to provide all reasonable facilities for the examination and
all such information as may reasonably be required of him;
(b) to
have the boiler properly prepared and ready for examination as per written down
examination procedures confirming to applicable codes; and
(c) in the
case of an application for the registration of a boiler, to provide such
drawings, specifications, certificates and other particulars as may be
prescribed.
(2) If the owner fails, without
reasonable cause, to comply, the insurance company at the expense of owner
shall refuse to make the examination and shall report the case to the Chief
Inspector who shall, unless sufficient cause to the contrary is shown,
require the owner to file a fresh application under section 7 or section 8, as
the case may be, and may forbid him to use the boiler notwithstanding anything
contained in section 10.
14. Production of Registration
Certificate, etc.--(1) The owner of
any boiler who holds a Registration Certificate or provisional order relating
thereto shall, at all reasonable times during the period for which the
Registration Certificate or provisional order is in force, be bound to produce
the same when called upon to do so by the Chief Inspector or the
Inspector.
(2) Upon the
non-compliance of an order, the Chief Inspector may advise the concerned
Provincial Government for necessary action such as decertification of the
boiler.
15. Powers of entry. An Inspector may, for the purpose of inspecting or
examining a boiler or any steam-pipe attached thereto or in case of non
observance of any provision of this Ordinance or of any regulations or rules at
all reasonable times enter any place or building within the limits of the area
for which he has been appointed in which he has reason to believe that the
boiler is in use.
16. Report of accidents.(1) If any accident occurs to a boiler the owner or
person incharge thereof shall, within twenty-four hours of the accident, report
the same in writing to the Inspector and to relevant insurance company. Every
such report shall contain a description of the nature of the accident and of
the injury, if any, caused thereby to the boiler or to any person, and shall be
in sufficient detail to enable the Ad hoc Technical Committee so appointed to
determine the root cause of accident and fix the responsibility for the such
occurrence. The same shall also be reported to the Board.
(2) Every person shall answer truly to
the best of his knowledge and ability every question put to him in writing by
the Accident Committee nominated by the Provincial Government.
17. Appeal to the Board.(1) Any person, owner or company aggrieved by any
recommendation made by the insurance company or findings or decision of the
Chief Inspector for,---
(a) refusing
to register a boiler or to grant or renew a Registration Certificate in respect
or a boiler; or
(b) refusing
to grant a Registration Certificate having validity for the full period applied
for; or
(c) refusing
to grant a Registration Certificate authorizing the use of a boiler at the
maximum pressure desired; or
(d)
withdrawing or revoking a Registration Certificate or provisional order; or
(e) reducing
the amount of pressure specified in any certificate or the period for which
such certificate has been granted: or
(f) ordering
any structural alteration, addition or renewal to be made in or to a boiler which
contravenes the design code or refusing, sanction to the making of any
structural alteration, addition or renewal in or to a boiler based on approved
drawings may, within fifteen days of the communication to him of such order,
refer appeal to the Board.
(2)The Board shall communicate the
decision in thirty days of receipt of an appeal, and pending final decision of
the Board may grant interim relief to the owner.
18. Finality of
orders.An order of the Board under
section 17 shall be final and shall not be called in question in any court.
19. Minor penalties. Any owner of a boiler who refuses or without
reasonable excuse neglects,---
(a) to
surrender a provisional order as required by section 9;
(b) to
produce a certificate or provisional order when duly called upon to do so under
section 14; or
(c) to hand
over to the new owner of a boiler a Registration Certificate or provisional
order as required by section 14,
shall
be punishable with fine which may extend to ten thousand rupees.
20. Penalties for illegal use of
boiler. Any owner of a boiler who, in
any case in which a Registration Certificate or provisional order is required
for the use of the boiler under this Ordinance, uses the boiler either without
any such certificate or order being in force or a competent Boiler Engineer or
at a higher pressure than that allowed thereby, shall be issued warning by the
Chief Inspector and, in the case of continuing offence liable to closure of the
factory and revocation of the Registration Certificate and in repetition of
offence, the Provincial Government shall be notified for appropriate measure
for enforcement of the provisions of this Ordinance and of the rules and
regulations.
21. Other penalties. Any person who,---
(a) uses or
permits to be used a boiler of which he is the owner and which has been
transferred from one Province to another without such transfer having been
reported as required by section 6;
(b) being
the owner of a boiler fails to cause the register number allotted to the boiler
under this Ordinance to be marked on the boiler as required by sub-section (8)
of section 7, or
(c) makes
any structural alteration, addition or renewal in or to a boiler without first
obtaining the approved drawings when so required under section 12;
(d) fails to
report an accident to a boiler or when so required under section 16; or
(e) hampers
with a safety valve of a boiler so as to render it inoperative at the maximum
pressure at which the use of the boiler is authorized under this Ordinance,
shall
be punishable with fine which may extend to twenty-five thousands rupees.
22. Penalties for tempering wills
registration number, etc,(1) Whoever removes; alters, defaces, renders
invisible or otherwise tampers with the register number marked
on a boiler in accordance with this Ordinance or any law repealed hereby, shall
be punishable with fine which may extend to twenty five thousands rupees.
(2) Whoever uses the boiler without
getting it registered under this Ordinance shall be punishable with a fine
which may extend to fifty thousands rupees.
(3) Whoever fraudulently marks upon a
boiler a register number which has not been allotted to it under this Ordinance
or any Act repealed hereby, shall be punishable with imprisonment which may
extend to two years, or with a fine which may extend to fifty thousands rupees
or with both.
23. Limitation and previous sanction
for prosecution. No prosecution for
an offence punishable by or under this Ordinance shall be instituted,---
(a) after
six months of the commission of an offence; and
(b) without
the previous sanction of the Chief Inspector.
24. Trial of offence. Notwithstanding any thing in the Code of Criminal
Procedure, 1898 (Act V of 1898) no Court not inferior to that of a Magistrate
of the first class shall try an offence under this Ordinance.
25. Federal Boilers and Pressure
Vessels Safely Board. A Board to be
Called the Federal Boilers and Pressure Vessels Safety Board shall be
constituted for the purposes of this Ordinance which shall consist of the
following members, namely:---
(a) The
Chairman to be nominated by the Ministry of Industries and Production,
Government of Pakistan;
(b) one
Deputy Secretary from the Ministry of Industries and Production, to be
nominated by Federal Government who shall act as Secretary of the Board;
(c) Chief
Inspectors of all the four Provinces and Chief Inspector of the
(d) one
member to be nominated by the Federal Chamber of Commerce and Industry of
Pakistan;
(e) two
members from the manufacturers of boilers and pressure vessels to be nominated
by the Ministry of Industries and Production, Government of Pakistan;
(f) two
members from users of boilers and pressure vessels to be nominated by the
Ministry of Industries and Production; and
(g) one
member from the insurance companies to be nominated by the Federal Government.
(2) The Board shall have full power to
regulate its own procedure and the conduct of all business to be transacted by
it, the constitution of committees and sub-committees of members and the
delegation to them of any of tile powers and duties of the Board.
26. Ad hoc
Technical Committee. A Committee
to be called the Ad hoc Technical Committee shall be constituted to
execute assignments advised by the Board. The Committee shall consist of the
following members, namely:---
(a) Chairman
to be nominated by the Provincial Government with the advice of the Board;
(b) one
Section Officer from the Department of Industries to be nominated by the
Provincial Government who shall act as Secretary of the Committee;
(c) one
member to be nominated by the Provincial Chamber of Commerce and Industries;
(d) one
member from the manufacturers of boilers and pressure vessels to be nominated
by the Provincial Government;
(e) one
member front insurance companies to be nominated by the Ministry Commerce;
(f) one
member from users of boilers and pressure vessels to be nominated by the
Provincial Government; and
(g)
respective Chief Inspector.
27. Filing of vacancies. Any vacancy Occurring in the Board or the Ad hoc
Technical Committee shall be filled as soon as possible by a nomination made by
the Federal Government or Provincial Government, as the case may be.
28. Meeting of the Board.(1) The powers of the Board shall he exercised with a
quorum of at least seven members of the Board in which representation of the
manufacturers and users shall be mandatory.
(2) The Board shall meet once every
three months to review the implementation of rules, regulations and other
matters on the agenda.
29. Power to make rules.(1) The Board may, with the approval of the Federal
Government, by notification in the official Gazette, make rules for carrying
out the purposes of this Ordinance.
(2) Without prejudice to the generality
of the foregoing power, such rules may provide for all or any of the following
matters, namely:-
(a) for
prescribing the qualifications and duties of the Chief Inspector, Deputy Chief
Inspector and inspectors;
(b) for
regulating the transfer of boilers;
(c) for
providing for the registration and certification of boilers in accordance with
the regulations and approved codes under this Ordinance;
(d) for requiring boilers to be in the charge of persons
holding certificates of competency, and for prescribing the conditions on which
such certificates may be granted;
(e) for
prescribing the times within which the insurance company shall be required to
examine the boiler as per approved practice or code of examination,
(f) for
prescribing the fees payable for the renewal of Registration Certificates and
methods of determining the amount of such fees in each case;
(g) for
regulating or advising Ad hoc Technical Committee enquiring into accidents;
(h) for
determining the mode of disposal of fees, costs and penalties levied under this
Ordinance; and
(i)
generally to provide advice for any matter which is, in the opinion of the
Board, a matter of local importance in the Province.
30. Power to make regulations.(1) The Board may, by notification in the official
Gazette, make regulations for carrying out the purposes of Ordinance.
(2) Without prejudice to the generality
of the foregoing powers such regulations may provide for all or any of tile
following matters, namely:---
(a) adopting
code and procedures as laid down in international boiler code for materials,
design and construction which shall be required for the purpose of registration
and certification of a boiler under this Ordinance;
(b) for
prescribing the circumstances in which the extent to which, and the conditions
subject to which variations from the standards laid down under international
boiler codes may be permitted;
(c) for
prescribing the method of determining the maximum pressure at which a boiler
may be used;
(d) for
regulating, the registration of boilers, prescribing the fees payable thereof,
the drawings, specifications, certificates, particulars to be produced by the
owner, the method of preparing a boiler for examination by insurance company,
the method of marking the register number, the period within which number is to
be marked on the boiler, selection and regulating the rules for Inspection
Authority and nomination of insurance companies for boiler insurance.
31. Penalty for breach of rules or
regulations. Any rules or regulations
made under section 29 or section 30 may direct that a person or company
contravening such rules or regulations shall be issued warning by the Chief
Inspector and in the case of continuing offence liable to closure of the
factory and revocation of Registration Certificate and in repetition of an
offence, the Provincial Government shall be notified for appropriate measure
for enforcement.
32. Previous
publication of rules or regulations.(1) The power to make rules and regulations conferred
by sections 29 and 30 respectively shall be subject to the condition of the
rules and regulations being made after previous publication.
(2) The rules and regulations so made
shall be published in the official Gazette and on such publication, shall have
effect as if enacted in this Ordinance.
33. Recovery of fees, etc. All fees, costs and penalties levied under this
Ordinance shall be recoverable as arrears of land revenue.
34. Application of the Ordinance to
the Governments. Save as
otherwise expressly provided, this Ordinance shall be applicable to boilers and
pressure vessels belonging to the Federal Government and Provincial Governments.
35. Power to suspend in case of
emergency.(1) The Provincial Government may, by notification in
the official Gazette, with the consultation of the Board, exempt from the
operation of this Ordinance, subject to such conditions and restrictions as it
thinks fit, any boilers or classes or types of boilers used exclusively for the
heating of buildings or the supply of hot water.
(2) In case of any emergency the
Provincial Government may, by general or special order in writing, exempt any
boilers or any class of boilers from the operation of all or any of the
provisions of this Ordinance.
36. Inspection by insurance company.1) The insurance company shall carry out inspection of
boilers at the first registration as well as subsequent inspections as defined
in the Ordinance.
(2) The insurance company shall be
approved by the Board for the purposes of this Ordinance, and shall have
qualified personnel and necessary skill to carry out the inspection and
examination of boilers within the scope and under the guidelines of any
approved code.
(3) The insurance company’s technical
personnel shall be approved by the Board for the purposes of this Ordinance.
37. Insurance of boilers. All boilers shall be insured against damage due to
accidents as per the existing laws and standards.
38. Repeal and saving. (1) The Boilers Act, 1923 (V of 1923), is hereby repealed.
(2) Any boiler registered, certified or
licensed under the Boilers Act, 1923 (V of 1923), shall be deemed to have been registered, certified
or licensed under this Ordinance.
(3) Notwithstanding the repeal of the
Boilers Act, 1923 (V of 1923) the rules and regulations made under the said Act,
and in force immediately before the commencement of this Ordinance, shall, mutatis mutandis
and in so far they are not inconsistent with any of the provisions of this
Ordinance, shall continue in force until repealed or altered by rules or
regulations made under this Ordinance.
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