Following our earlier coverage (please refer to the e-mail in trail), the Government of India has appointed 1st May, 2025 as the effective date on which the Boilers Act, 2025 (“2025 Act”) has come into force.

The 2025 Act repeals the Boilers Act, 1923 (“erstwhile Act”) and introduces a modern regulatory regime aimed at enhancing industrial safety, in the manufacture, inspection and use of boilers and boiler components.

Key Changes:

• Rearrangement of the erstwhile Act –  The 2025 Act is simplified and structured into six chapters and provisions have been rearranged chapter wise. In existing Act there are no chapters, and similar provisions are at different places.
• Ommission of obsolete provisions – The 2025 Act omits several obsolete provisions from the erstwhile Act, including:

1. Section 1(2): Reiterating nationwide applicability (now rendered redundant);
2. Section 2A: Applicability of Act to feedpipes; and
3. Section 2B: Applicability of Act to Economiser.

• Following new provisions have been incorporated in the 2025 Act for making substantive enabling provisions for the rules and regulations existing in the erstwhile Act:

1. Clause 3(7)- Functions of the Central Boilers Board has been clarified, the functions of the Board shall be to regulate the design, manufacture, erection and use of boiler and boiler components to ensure safety of life and property of persons from the danger of explosions of steam-boilers and for uniformity in registration and inspection and for these purposes, make such regulations as it deems fit.
2. Clause 5(8)- The Chief Inspector, Deputy Chief Inspectors and Inspectors will exercise such other powers and duties as may be prescribed by the State Government.
3. Cause 10(1)(f)- Safety provision has been introduced for persons working inside a boiler by taking such measures as may be specified by regulations.
4. Cause 10(2)- A boiler repairer will be required to obtain a certificate in such manner as may be specified by regulations.
5. Clause 11(2)- The qualification and experience of persons intending to obtain a certificate of proficiency or competency, fee, and the procedure for obtaining such certificate, will be prescribed by the Central Government.
6. Clause 12(9)- The transfer of boilers from one place to another within a State will be required to be reported in such manner as may be prescribed by the State Government.
7. Clause 23(4)- The inquiry in respect of accident under this Act will be made in such manner as may be prescribed by the State Government.
8. Clause 32(2)- The penalties, fines and costs levied under this Act will be utilised in such manner as may be prescribed by the State Government.
9. Clause 43 (Power to remove difficulties)- For removal of any difficulty in giving effect to the provisions of the 2025 Act within a period of three years
10. Clause 44 (Repeal and Saving)- For saving different rules, regulations , orders etc. under the erstwhile Act till new rules, regulations , orders etc. are notified under the re-enacted 2025 Act.

• Decriminalization provisions for the erstwhile Act as contained in the Jan Vishwas (Amendment of Provisions) Bill, have been incorporated in clauses 27, 28, 29, 30, 31, 39 & 42 and two new clauses namely, 35 (Adjudication) & 36 (Appeal) have been incorporated in the 2025 Act. Accordingly, for non-criminal offences ‘fine’ has been converted into ‘penalty’  (Clauses:27, 28, 30(1) and 31).
• Redrafting of different clauses has been done as per current drafting practices and referencing of different provisions incorporated.

A copy of the Notification is attached herewith for your ease of reference.

Source: Ministry of Law and Justice

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