Statutory Compliance in Industries Prepared by : R.N.CHAREL.

Transcription

1 Statutory Compliance in Industries Prepared by : R.N.CHAREL. DOB 1

2 Mainly there are two types of statutory Laws applicable to the industry for safety and welfare of Laboures. Safety Laws (Factory Laws) & Welfare Laws (Labour Laws) Factory laws Focuses about the safety, Health and Environment aspect, while Labour Laws concentrated towards welfare and social security measures. Statutory Laws in Industries Factory Laws : (Safety) 1. Indian Electricity Act Indian Boiler Act Factory Act 1948 etc. Labour Laws : (Welfare) 1. Workmen Compensation Act Payment of wages Act Provident Fund Act 4. Industrial Dispute Act Indian Trade Union Act

3 Laws Administered in Boiler Directorate Directorate of Boiler has to follow the Central Boiler Act and regulation rules and State Boiler rules for the purpose of ensuring safety of public and property 1. Indain Boilers Act Indian Boiler Regulation Gujarat Boilers Rules Gujarat Economiser Rules Boiler Operation Engineers Rules Boiler Attendant Rules 2011 DOB 3

4 Formulation of Boiler Act

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9 Evolution Of Boiler, Boiler came in service in India near 1820, W.P. of the boiler was restricted to 65 PSI at that time to avoid explosion. Boiler were every where in India around 1900 s We know that boilers have a great potential for causing Loss of life and damage to property because steam generating water at elevated pressure and temp. is highly explosive in nature and explodes When its suddenly exposed to atmospheric conditions due to Failure of Boilers, such explosions causes destruction of life and property around boilers. There fore Laws are made to ensure proper design, construction and maintenance of boilers and there by avoid boiler explosions. But, We must know background and brief histories of formation of Act and for enacting Act. The History of initial Boilers Acts is quiet interesting to know about it. So, I would like to say that, What was the situation before boiler Act Formation? How did Indian boilers Act came in to Force in whole India? : started industrialization

10 Before : 1860:-There were no any boiler laws during British India No statutory binding on boiler owner. They had their own safety rules of their own interest In December 1863, A serious boiler explosion was occurred in Calcutta, which took A lives of 13 people. After that accident, First boiler legislation in India was introduced as the Bengal Act-1864 for boiler inspection. In 1869, The Bombay code was introduced inline with Bengal Act after two Fatal accident in Bombay ( in period) Then, Boiler legislation were introduced one by one in other provinces like Madras, Barma etc. During the next 40 years. In 1872 : A small boiler Act passed in Ahmedabad city only after Fatal accident in In 1882 : The boiler explosion Act passed by the British parliament In 1919 : 7 different Acts or codes were functioning in different provinces area of the country, Every province had adopted a different definition of a boiler. In such a way, boiler played most vital role acting as heart in the industries, But the boilers were found to met with Frequent accident due to faulty design, construction, materials and operation causing Losses of lives and properties. To control and check the reoccurrence of such accident, separate Acts and rules were framed in some parts of India Hence, Govt. of India decided to introduce a uniform standard through out the British India for the inspection of Boilers for which a boiler Laws committee constituted in Nove-1920.

11 1920 : Boiler Law committee set up by Govt.of India for common rules/regulation s in whole India. Boiler Law Committee President : Mr. Ascoli, I.C.S Members : (1) Mr. R.P. Adams, O.B.E, A.M.I.E, C.I.B., Bengal (2) Mr. D.R. Macin tosh, C.I.B., Bombay The Committee commenced its tour on the 25th Nove in different provinces of India ( They visited all the provinces) They were returned to Delhi on the 20th Feb On 10/3/1921, The committee submitted details report with draft Act on the basis of that report,

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13 The Indian Boiler Act-1923 came in to force in whole India on 23/2/1923 With Aims to provide for safety of life and property from the danger of explosion of boilers during use. It is matter of pride for us that, The subject Boiler is included in the seventh schedule under the concurrent list of the constitution of India, Hence boiler Act is so older than constitution of India In 1924 The IBR were framed to have uniform Engg.standard in the whole country I.B.R came in to force in respect of material, design, construction, registration, method of determining person working pressure, Method of preparing a boiler for examination, Ensuring the safety of person working inside the boiler, prescribing forms etc. In 1937 : Central Boiler Board was formed After that with the industrialization of our country and getting independent in the 1947, The I.B.R-1950 was framed in 27 Sept.1947 I.B.R-1950 is not a standard or specifications I.B.R-1950 is the technical part of boiler Laws containing design, materials, construction inspection, testing etc. The Indian Boiler Act 1923 and regulations and rules there under were made to ensure proper design, manufacture, operation and maintenance of boilers. IBR-1950 is an exhaustive manufacturing code, Thus proper design of a boiler provides inbuilt safety to a boiler. This inbuilt safety to a boiler is ensured by through checking of design and vigorous inspections during the course of manufacture. Now, Let us discuss the act by knowing about sailent features

14 Back ground Scope of the Act/its application Definition Machinery of execution Important section of the Act and its provisions Penalties This Act is perhaps one of the smallest Act containing 34 sections. These Includes Extent of an Act Definition Application of Act Limitations of Act Power of limit extent Machinery for executing of Act

15 Prohibition of use of boiler Requirments for registration and statutory in use boiler inspection Certificate of Boiler Revocation of certificate Alteration, Renewals to boiler Duty of Boiler owner at examination of boiler Production of certificates Transfer of certificates Power of Entry Report of accident Appeals Finality of orders Penalties for non compliance Prosecution Authority for making regulation Power of central Govt. Power of state Govt. Penalty for breach of rules and regulations Recovery of fees Applicability to the Govt. Boilers Exemptions from operation of the Act

16 Definition of Boiler:- Old Definition :Boiler means any closed vessel exceeding Litres in capacity which is used expressly for generating steam under pressure and includes any mounting or other fittings attached to such vessel which is wholly or partly under pressure when steam is shut off; But with time and technology, the provisions of the Indian Boiler Act-1923 have been amended in December by the Central Government. Hence New Boiler Act (Amendment) 2007 has been in forced for implementation in whole of India. The important amendments in the said Act are as under:

17 Section-1: From the title Indian Boilers Act-1923 the word Indian will be omitted. Section-2(a): The definition of Accident is amended so as to cover death or injury of a person or damage to the property. Section-2(b): New definition of Boiler: The following are the new features of definition of boiler. Boiler means a pressure vessels * In which steam is generated for use external to itself by application of heat. * Which is Wholly or partly under pressure when steam is shut off * Following pressure vessels not include * Having capacity less than 25 Litres. (Such capacity being measured from the Feed check valve to the main steam stop valve) * With design and working gauge pressure less than 1 Kg/Cm² OR * In which water is heated below 100 C. Definition of Boiler has been amended as under. Boiler means a pressure vessels in which steam is generated for use external to itself by application of heat which is wholly or partly under pressure when steam is shut of but does not include pressure vessel: (i) With capacity less than 25 Liters. Such capacity being measured from the feed check valve to main steam stop valve. (ii) With less than 1 Kg/Cm² design and working gauge pressure OR (iii) In which water is heated below 100 C. But it is to clarified by the C.B.B after consultation with Ministry of Low by Letter dtd.01/01/2010. If a pressure vessel falls in any one of the clauses (i),(ii), and (iii) of sub Section (2) of Section 3 of the Boiler (Amendment) Act-2007 then it is not to be treated as a Boiler.

18 Section-2(cb):- A person recognized to perform duties similar to those of a boiler inspector will be designated as Competent Person. Section-2(ccd):- Institution will be recognized as Inspecting Authority for inspection and certification of manufacturing activities in addition to the State Inspectorates. Section-2(d) The definition of Owner is amended to include the person processing the boiler disregarding its use. Section-2(f)(ii): Pipe exceeding 254mm internal diameter with steam pressure not exceeding 1 Kg/Sq.cm (gauge) is now excluded from the definition of Steam Pipe. Section-3: Limitation of Application This Act shall not apply to: * Boilers belonging to or under control of the railways. * Boiler belonging to Steam ships. * Boiler belonging to or under control of the Army, Navy, or Air force. A Sterilize disinfector used in Hospitals or Nursing homes having does not exceed one hundred litres in capacity.

19 Section-4: * The State Govt. may by notification in the official gazette exclude any specified area from the operation of all or any specified provisions of this Act. Section-4 C: No person shall manufacture or cause to be manufactured any boiler or boiler component or both * The boiler manufacturer will be required to establish such facilities for design and construction of boiler as may be prescribed by the regulation. Section-4 D: The boiler manufacturer is given option to choose inspecting authority other than state inspectorate. Section-4 E: The boiler owner is given option to choose inspecting authority other than state Inspectorate for stage wise inspection during erection at site. Section-4 F: A boiler owner will be permitted to undertake repairs of his own boiler if he has established necessary facilities as prescribed under regulation. Though he will be required to engage a Competent person for approval of repairers, he (owner) will have option to choose somebody other than state inspectorate

20 Section-5: Recruitment rules for officers of the state inspectorate will be framed by the Central Govt. instead of State Govt. Section-6: Prohibition of use of unregistered or uncertified boilers Boiler should not be used if it is ; * Not Registered * Not Transferred from one state to another. * Having not certificate or provisional order for authorizing the use of boiler. * Boiler not use more than approved W.P in certificate/ provisional order * Boiler not operated by the proficiency or competency certificate holder. * Rules for requirement of boiler competency and proficiency certificate holder to operate boiler will be prescribed by the Central Govt. instead of State govt. Section-7: Registration * Owner may apply to the inspector along with documents/ Registration fees etc. * Inspector shall fix a date within 30 days or shorter period. * To give the owner not less than 10 days notice of the fixed date for the examination of boiler. * Inspector shall inspect the boiler on the said date * Forward a report of the inspection along with the documents to the director within 7 days. * Director may register the boiler and assign a register number. * Order the issue of a certificate for use of boiler for a 12 months.

21 Section-8: Renewal of certificate A Certificate Authorizing the use of a boiler shall cease to be in force: * On the Expired of the certificate period * When any accident occurs in the boiler * When the boiler is moved except a vertical boiler having heating surfaces is less than 20 Sq. Mtrs. or a portable or vehicular boiler. * When any structural alteration, addition or renewal is made to the boiler * If the director in any particular case so direction when any changes to Steam pipes. * If boiler is in a dangerous condition as prohibiting its use by Director/ Asst. Director. The owner is given option to choose competent person other than State Inspector for Statutory inspection of boiler. Statutory Inspection is mandatory for every In-use Fired Boiler after 12 months, while for Waste Heat Boilers and Economisers after 24 months. Section-8 (4): * The boiler owner was earlier required to give notice period of 30 days while applying for statutory inspection, which is now reduced to 15 days. Section-9: Issue a provisional order for using of boiler at a pressure not exceeding such maximum pressure as competent person/ state inspector thinks fit and as in accordance with the regulation. Section-10: Use of boiler pending grant of certificate * Owner has applied before the expiry of that period for renewal of the Certificate, the owner shall be entitled to use the boiler at the pressure entered in the former certificate, until the issue of orders on the application.

22 Section-11: Revocation of certificate or provisional order Director may at any time withdraw or revoke any certificates on the report of competent person/ state inspector or other wise If certificates obtained fraudulently manner, granted erroneously or without sufficient examination. * If boiler in defective condition or sustained injury damage. * If the boiler is not operated by qualified person. Section-12: structural alteration, addition or renewal shall be made to any boiler without prior sanction of Director in writing. Section-13: Before alteration or renewal of Steam pipes, owner shall transmit a report in writing to the Director along with particulars of proposal. Section-14: Duty of owner at examination On any date fixed for the examination of a boiler, the owner shall be bound. * To provide all reasonable facilities and information for the examination. * Have the boiler properly prepared and ready for examination. To file a fresh application for the examination of boiler. Section-15: Production of certificate The owner of boiler shall at all reasonable time be bound to produce the same, when called upon to do so by: * A District Magistrate. * Commissioner of police. * First class Magistrate having jurisdiction in the area. * By the Director/ Dy. Director/ Asst. Director. * By any inspector appointed under the Factories Act * By any person specially authorized in writing by a District Magistrate or Commissioner of Police.

23 Section-16: If any person becomes the owner of a boiler during the period for a certificate is in force the preceding owner shall be bound to make over certificate new owner. Section-17:- Power of Entry. An Inspector may at all reasonable times enter any place or building within the limits of the area for the purpose of inspecting or examining a boiler / Steam pipe under the Act / Regulations or Rules is being observed. Section : 18 Report of Accident: If any accident occurs to a boiler, the owner or person in-charge shall report the same in writing to the Inspector within 24 hrs. of the accident. Every person shall be bound to answer truly to the best of his knowledge and ability. The inquiry of accident is conducted by the Inspector but if any death has resulted due to any accident. An inquiry may be conducted by such person and in such manner as may be prescribed by the Central Government. Section:-19 Appeals to Chief Inspector: Any person may appeals to Chief Inspector against the order or refusal of an inspector within 30 days. Every appeal shall be made in such manner and procedure for disposing as may be prescribed by the State Government. Section:20- Appeals to Appellate Authority. Any aggrieved person shall an appeal to the Central Govt. against action of Chief Inspector within 30 days of the communication of such order. Refusal of Registration. Refusing to grant certificate authorizing the use of a boiler at the maximum W.P. Withdrawing or revoking a certificate or provisional order Reducing Working Pressure. Ordering any repairs. Refusing to grant certificate for the full period applied

24 Section 20- A Power of Central Govt. to revise order of appellate authority, Any aggrieved person may make an application to the Central Govt. for revision of that order of the appellate authority within Two months of the communication to him of such order. Central Govt. may after calling for relevant records and other information from the appellate authority and considering the observation. Central Govt. may pass such order in relation to the application after obtaining technical advice and revision is allowed. Section: 21:- Finality orders :- An order of the Central Govt. or of the Chief Inspector or of a Deputy Chief Inspector or of an Inspector shall be final and shall not be called in question in any court. Section :-26 Limitation and previous sanction for prosecution No prosecution for an offence made punishable shall be instituted except within 24 months from the date of the commission of the offence. No such prosecution shall be instituted without the previous sanction of Chief Inspector. Section -27 Trial of offences: No offence made punishable shall be tried by a court inferior to that of a presidency magistrate or magistrate of the First Class. i.e. only presidency District Magistrate can take up trial on offence.

25 Section: 28 : Power to make regulation: Board may by Notification in the Gazette of India make regulation and following purposes. Standard conditions on design, Materials construction, Inspection, Inspection and Maintenance, erection. For regulating the Inspection and examination of boilers and prescribing forms certificates. For ensuring the safety of persons working inside a boiler. For prescribing the method of determining the Maximum Pressure. For prescribing the quail and experience of inspecting authorities, competent Authorities and competent persons. Fees for purpose of Inspection or grant of recognition or any certi. Procedure for examination and grant of welders certificate etc. Section-29: State Govt. Powers to make rules for the following purposes * Power and duties of Director/ Dy. Director/ Asst. Director. * For regulating the transfer of boiler. * for providing Registration and certification of Boiler * Prescribing the time limit for inspection * Fee payable for Registration of boiler * For regulating inquiries into accident * For the manner and the procedure for appeals. * Mode of disposal fees, cost and penalties.

26 Section 30:- Penalty for breach of Rules. A person contravening any Regulation or the Rule shall be punishable in case of a first offence with fine Rs.1000/- and in the case of any subsequent offence, with fine which may extend to One lakh rupees. Section-31: Publication of regulation and rules shall be published in Gazette of India and local official Gazette. Section-31(A): Power of Central Government to give direction to State Government regarding execution of the Act, and the State Govt. shall comply with such directions. Section: 32- All fees, penalties are recoverable as Land revenue. Section : 33- This Act shall applicable to boilers belonging to the Govt. Section 34:- State Govt, may be notification in the Official Gazette exempt boilers From the operation of this Act. * State importance. * In case of any emergency in the State. * Rapid Industrialization of the Country.

27 Penalty Provision For Breach Of Act/ Rules / Regulations

28 Sr.No Breach of section/regulation/r ules Matter of Offence Section Penalty/Imprisonment 1 Sec.-6(a) Use of boiler without registration 23 1 Lakh rupees and incase of continuing offence with additional Fine Rs.1000/- for each day 2 Sec.-6(b) To use the boiler without transfer from other state 3 Sec.-6(c) To use the boiler without certi.or provisional order 4 Sec.-6(d) To use boiler at higher working pressure than certified 5 Sec.-6(e) Rule-3 and Rule-4 To use the boiler without qualified persons 6 Sec.-9(a) As owner who refuses to surrender a provisional order issued u/s.9 7 Sec.-15 The owner of the boiler shall be bound to produce certificate or provisional order whenever duly called by any authorized persons i.e. District Magistrate, Commissioner of police, First class magistrate of jurisdiction area 24(a) Shall be punishable two years imprisonment or with fine one lakh rupees or with both 23 1 Lakh rupees and incase of continuing offence with additional Fine Rs.1000/- for each day 23 As above 30 In first offence Rs.1000/- In any subsequent offence : Rs (i) 22(ii) Rs.500/- shall be punishable As above

29 8 Sec.-16 The Preceding owner shall be bound to make over the certificate or provisional order to the new owner of boiler 9 Sec.-7(6) Reg.382 (a) The owner of Boiler fails to engrave Registration number allotted to the boiler within a month from the date of receipt 10 Sec.-12 For unauthorized repairs of boiler without prior sanction of the Director 11 Sec.-13 For unauthorized steam piping work without transmit a report in writing to the Director 12 Sec.-18 The owner/person in charge fails to report an accident to a boiler steam pipe in writing to the inspector within 24 hrs. 13 Reg.-380(i) To Tempers with a safety valve of a boiler and to render it inoperative at the maxi. Working pressure 14 Reg.-376(d) and Reg.396 To allows another persons to go inside the boiler without effectively disconnecting the steam and hot water connection with any other boiler or from fuel mains 22(iii) 24(b) 24(c) 24(c) 24(d) 24(e) 24(f) As above Shall be punishable two years imprisonment or with fine one lakh rupees or with both Shall be punishable 2 years imprisonment or with fine 1 lakh rupees or with both As above As above As above As above

30 15 Sec.-25(1) To removes, alters, defaces, or renders invisible or tempers with the registration number marked on boiler 25(1) Shall be punishable with fine one lakh rupees 16 Sec.-25(2) For fraudulently marking a registry number on a boiler which is not allotted to it 25(2) Shall be punishable with imprisonment two years, or with fine one lakh rupees or with both 17 Regulation or Rules made U/S-28 or U/S-29 A person contravening such regulation or rule Sec-30 Shall be punishable with fine Rs.1000/- in a first offence and with fine up to 1 lakh rupees in the subsequent offence 18 Regulation 392(7) The repairer is found indulging in violating the provision of the Act/Regulation knowingly or unknowingly 392(7) The firm shall be black listed and renewal shall not be done in any case 19 Reg.392(6) Repairer shall fails to apply for renewal of their recognition at least two months before the expiry of period Sec.-30 Shall be punishable with fine Rs.1000/- in a first offence and with fine up to 1 lakh rupees in the subsequent offence

31 20 Reg.-606 Welder shall be bound to produce certificate when called upon to do so by the inspecting authority, Inspecting officer or inspector Reg.617(1) Shall be punishable with fine up to Rs.100/- 21 Reg.-604 Employs a person in welding a boiler/steam pipes in contravention of regulation Reg.617(1) Shall be punishable with fine up to Rs.100/- 22 Reg.-615 Employers or welder who fails to maintain the records of all welding personnel engaged on welding and repairing of boiler/steam pipes and fails to produce the such records to any authorised persons on demand Reg.-617(2) As above

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33 સ ટ મ બ ઇલર વ પરન ર જ ગ

34 કય બ ઇલર ન ઉપય ગ કરવ ઉપર પ રત બ ધ ઠર વ લ છ? જ બ ઇલર ન ન ધણ કર વ લ ન હ ય(કલમ-૬એ) જ બ ઇલર ન પ રમ ણણ કર વ લ ન હ ય(કલમ-૬સ ) જ બ ઇલર ય ગ ય ન પ રમ ણપત ર ધર વન ર સક ષમ વ યકક ઓન હવ લ મ ન હ ય(કલમ-૬-ઇ) ન ધ ય લ બ ઇલરન બદ લ કરવ મ આવ લ ન હ ય(કલમ-૬બ ) બ ઇલરન ઉત પ દન જ ણ અન સ વ ક મ ન ય ક ડ થ અથવ IBR મજબ બન લ ન હ ય(તવતનયમ ૩ થ ૪)

35 કય બ ઇલર ગ ર ક યદ સર કહ વ ય? જ બ ઇલર ન ન ધણ કરવ મ આવ ન હ ય જ બ ઇલર ન પ રમ ણણ કરવ મ આવ ય ન હ ય બ ઇલરન ઉત પ દન IBR અથવ જ ણ અન સ વ ક મ ન ય ક ડ મજબ બન લ ન હ ય ન ધ ય લ બ ઇલરન બદ લ કરવ મ આવ લ ન હ ય

36 બ ઇલરન ગ ર ક યદ સર અન અનઅતધક ર ઉપય ગ કરવ ઉપર કય ગન હ લ ગ છ? બ ઇલર અતધતનયમ ૧૯૨૩ હ ઠળ કર લ જ ગવ ઇઓ મજબ આ ક ત ય મ ટ ગ ભ ર અન ત ક ષ પ ત ર ફ જદ ર ગન હ બન છ.

37 બ ઇલર ન ગ ર ક યદ સર ઉપય ગ મ ટ ત ક ષ ત મક જ ગવ ઇ બ ઇલરન ગ ર ક યદ સર ઉપય ગ કરવ મ ટ બ ઇલરન મ ણલકન ર તપય ૧ લ ખ દ ડન ત ક ષ થ ય છ.અન ગન ચ લ રહ જ કદવસથ ગન ચ લ ર ખવ મ ટ દ ષ ઠર કદવસ પછ ન કદવસ મ ટ ર તપય ૧૦૦૦/- સધ ન વધ દ ડન ત ક ષ ન પ ત ર થ.(અતધતનયમ કલમ-૨૩)

38 બ ઇલર એકટ લ ગ પડ હ ય વ બ ઇલરન અનસરવ ન ક યકર બ ઇલર મ ણલક ઠર વ ય મજબ ન ફ સહ ન અરજ ન ધણ અથ જ સ થ તનક તવસ રન તવભ ગ ય કચ ર એ રજ કરવ. દર વષ બ ઇલરન વધ ઉપય ગ અથ ન પ રમ ણપત રન જ ( ર ન ય ) કરવ ઠર વ ય મજબન ફ સકહ ન અરજ કરવ. બ ઇલર સબ ધ અકસ મ થય ન ૨૪ કલ કન અ દર લ ણખ ર પ ટય જ ક ય તવસ રન બ ઇલરન મદદન /ન યબ તનય મકન કરવ.

39 મ ટ ગ રક યદ સર બન વટન બ ઇલર વ પર ન ક ય? ણબન પ રમ ણણ મટ ર યલ સ,કડઝ ઇન,મ ન યફ કચર ગ ટ કન ક ન ઉપય ગ કર લ હ ઇ આવ બ ઇલર UNSAFE અન IN Efficient છ. બળ ણ વધ અન Low Steam Generation & Poor Steam Quality પય યવરણન નક ન કર છ. અકસ મ ન વધ જ ખમ અન વ ય પ ત.

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