In a Notification dated 11th June, 2019, the Factories and Boilers Inspection Department, Jaipur has exempted Boilers and Boiler Components in use having the safeguard system like protection against over pressure, low water level, flame failure etc. for prevention of accidents of boilers from the following provisions of the Indian Boilers Act, 1923 (“Act”).
- Renewing certificate of authorization for use of boiler, when it ceases to be in force and procedure of examination of boiler and the steam-pipes by Inspector at the time of renewal. [Section 8(3)(4)(5)(6)(7)(8)]
- Use of boiler pending grant of certificate. [Section 10(1)]
- Responsibility of owner of a boiler to provide reasonable facilities during inspection. [Section 14]
- Production of boiler certificate / provisional order relating to a boiler, when called for by the appropriate authorities. [Section 15]
- Transfer of boiler certificate. [Section 16]
- Minor penalties under the Act. [Section 22]
Applicability: The exemption is applicable to boilers which have been installed or which will be installed in future having the safeguard system for protection against over pressure, low water level, flame failure, etc. for preventing accidents.
Conditions to be followed to avail the exemption:
In order to avail the above exemptions (mentioned in points 1 to 6 above), the following conditions must be fulfilled:
- When a certificate for use of boiler is about to be ceases in force, the owner of the boiler may engage through the official RajFAB web application a Boiler Engineer before the expiry date of the certificate as per the rules for use of the boiler for carrying out the inspection of the boiler. After the completion of inspection, annual certificate in form appended to this notification shall be issued within the time limit prescribed through the official RajFAB web application.
- Boiler Engineer shall be a person-
a)who possesses a degree in Mechanical or Power Plant or Production or Metallurgical Engineering from a recognised institution;
b)having a valid certificate of proficiency under the Boiler Operation Engineers’ Rules, 2011;
c)having minimum 5 Years of experience in the field related to boilers;
d)having a valid online account on the official RajFAB web application of the Factories and Boilers Inspection Department and;
e)has not attained the age of 60 years.
- The Boiler Engineer shall submit record of inspection online.
- The Boiler Engineer shall follow the provisions of the Boilers Act, 1923, rules and regulations made thereunder and guidelines of the Chief Inspector and shall be liable and responsible for any act or omission committed against the provisions of the said Act and rules and regulations made thereunder.
- The Boiler Engineer shall submit a duly signed note regarding the inspection of the boiler in use, to the Chief Inspector. On receipt of inspection note, it shall be pasted in Memorandum of Inspection Book maintained in the Department.
- The Annual Certificate from Boiler Engineer shall be submitted by the owner of boiler to the Chief Inspector of Factories and Boilers online. It shall be responsibility of the owner of the boiler to run and maintain it as per the provisions of the Boiler Act, 1923 and rules and regulations made thereunder and the owner shall also be liable and responsible for any violation.
- The boiler owner can either opt for inspection and certification of boiler in use by Boiler Engineer as per this notification or Competent Person as per the Boilers Act, 1923 or the Indian Boiler Regulation, 1950.
- Computerized and randomised allocation of Boiler Engineers shall be made through the official RajFAB web application. The same Boiler Engineer will not inspect the same boiler twice consecutively and the Boiler Engineer shall not be an employee of the factory where the boiler is installed.
- The fees as per the Act or rules and regulations made thereunder shall be deposited in the Treasury Account of the Department to prevent any loss of the revenue.
- If any accident occurs to the boiler or to any part of the boiler during this period, then the use of the boiler shall be stopped immediately and the Chief Inspector shall be informed.
- This Notification shall be applicable to such boilers and boiler components in use having the safeguard system like protection against over pressure, low water level, flame failure etc. for prevention of accidents of boilers.
Source : Rajasthan Gazette