(Ordinance
CXXI of 2002)
[13
November 2002]
An
Ordinance to amend and consolidate the law
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 [2][the
Punjab].
(3) It shall come into force on such date as the [3][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 [4][Punjab]
Boilers and Pressure Vessels Safety Board constituted under section 25;
(d) “Boiler” means a closed vessel exceeding twenty-five liters in
capacity in 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” respectively, a
qualified person appointed to be a Chief Inspector and Deputy Chief Inspector
under this Ordinance;
[5][(f)
“Department” means the Industries
Department of the 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) Pakistan Boilers Regulations;
(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 other
wise 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.
(a) any boiler in any steamship or in any mechanically propelled vessel;
(b) any boiler 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 liters in capacity;
(c) any boiler used in relation to the nuclear energy; and
(d) any boiler or steam-pipe, belonging to or under the control of
railway.
(2) The Government may, by notification in the official Gazette and for
reasons to be recorded in writing, declare that provisions of this Ordinance
shall not apply in the case of any specified class of boilers or steam-pipes.]
4.
Power to limit extent.– The [8][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 [9][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 [10][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 [11][Government] may appoint such persons
as it thinks fit to be Inspectors for the Province for 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 of 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;
[12][(b) in case of any boiler
which has been transferred from another Province or territory until it is
registered under this Ordinance;]
(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 subsection (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 subsection (2), the insurance Companies
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 forth with 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 fulfillment 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 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 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 the 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 of any 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
the 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
there under, 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 the 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
sub-section (3) or (4) of section 8, he may, if the use of boiler is not
prohibited under sub-section (1) of section 8, issue a provisional order to the
owner in wiring 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 stand 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 case 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 [13][an 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 [14][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 conforming 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 not withstanding 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 [15][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 in charge 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 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 [16][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 of 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.
(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 [17][Government] shall be notified for appropriate measure for
enforcement of the provisions of this Ordinance and of the rules and
regulations.
(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; or
(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 subsection (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; or
(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 thousand rupees.
22. Penalties for
tempering with registration number, etc.– (1)
Whoever removes, alters, defaces, renders invisible or other wise 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 thousand
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.
[18][25.
Punjab Boiler and Pressure Vessels Safety Board.–
(1) The Government shall constitute a Board to be called the Provincial Boilers
and Pressure Vessels Safety Board for the purposes of this Ordinance which
shall consist of the following members:-
(a) Director Industries of the Government who shall be the Chairperson of
the Board;
(b) an officer not below the rank of Deputy Secretary of the Department;
(c) Chief Inspector and two Deputy Chief Inspectors nominated by the
Government; Chief Inspector shall be the Secretary of the Board;
(d) one member to be nominated by the Lahore Chamber of Commerce and
Industry;
(e) two members from the manufacturers of boilers and pressure vessels to
be nominated by the Government;
(f) two members from users of boilers and pressure vessels to be
nominated by the Government; and
(g) one member from the insurance companies to be nominated by the
Government.
(2) The Board may regulate its own procedure and the conduct of business
to be transacted by it, the constitution of committees and sub-committees of
members and the delegation to them of any of the powers and functions of the
Board.]
[19][26.
Ad hoc Technical Committee.– (1) The Government shall constitute
a committee to be called the Ad hoc Technical Committee to execute assignments
advised by the Board.
(2) The Ad hoc Technical Committee shall consist of the following
members:-
(a) Chairperson to be nominated by the Government on the advice of the
Board;
(b) one Deputy Director from the Directorate of Industries
of the Government;
(c) one member to be nominated by the Federal Chamber
of Commerce and Industry, Islamabad;
(d) one member to be nominated by the Lahore Chamber of Commerce and
Industry;
(e) one member from the manufacturers of boilers and pressure vessels to
be nominated by the Government;
(f) one member from insurance companies to be nominated by the Board;
(g) one member from users of boiler and pressure vessels to be nominated
by the Government; and
(h) Chief Inspector who shall be the Secretary of the Committee.]
[20][27. Filling of vacancies.–
The Government shall, within sixty days from the date of occurrence of a
vacancy, fill the vacancy in the Board or Ad hoc Technical Committee under
section 25 or section 26.]
28. Meeting of the
Board.– (1) The Powers of the Board shall be
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 [21][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 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 the 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 [22][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.
[23][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 Government, Federal Government,
local government or any other Provincial Government.]
35. Power to suspend in
case of emergency.– (1) The [24][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 [25][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 existing laws and standards.
(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.
[1]Pursuant to the proclamation of
Emergency of the fourteenth day of October 1999, and the Provisional
Constitution Order No. I 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 promulgated this
Ordinance which was published in the Punjab Gazette (Extraordinary) dated 13
November 2002.
This Ordinance was originally in the Federal ambit, however, the subject on
which this Ordinance was promulgated devolved to the provinces by virtue of
18th Amendment in the Constitution, hence it was adapted, with amendments, for
the province of the Punjab by the Punjab Boilers and Pressure Vessels
(Amendment) Act 2013 (XX of 2013).
[2]Substituted for the word “Pakistan” by
the Punjab Boilers and Pressure Vessels (Amendment) Act 2013 (XX of 2013).
[4]Substituted for the word “Federal” by
the Punjab Boilers and Pressure Vessels (Amendment) Act 2013 (XX of 2013).
[9]Substituted for the words “Provincial Government” by the Punjab Boilers and Pressure Vessels (Amendment)
Act 2013 (XX of 2013).
[13]Substituted for the words “a Federal emergency” by the
Punjab Boilers and Pressure Vessels (Amendment) Act 2013 (XX of 2013).
[15]Substituted for the words “Provincial Government” by the
Punjab Boilers and Pressure Vessels (Amendment) Act 2013 (XX of 2013).
[16]Substituted for the words “Provincial Government” by the
Punjab Boilers and Pressure Vessels (Amendment) Act 2013 (XX of 2013).
[17]Substituted for the words “Provincial Government” by the Punjab Boilers and Pressure Vessels (Amendment)
Act 2013 (XX of 2013).
[22]Substituted for the words “Provincial Government” by the
Punjab Boilers and Pressure Vessels (Amendment) Act 2013 (XX of 2013).
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