The Boilers Bill, 2024 - polity

NEWS: The Boilers Bill, 2024 was passed by the Rajya Sabha, replacing the Boilers Act of 1923, which was enacted during the colonial period. 

 

WHAT’S IN THE NEWS?

Background

·The Boilers Act, 1923 regulates the manufacturing, installation, operation, alterations, and repair of steam boilers to ensure their safe operation. 

·The Boilers Act, 1923 focuses on safety and is being updated to reflect current needs and incorporate decriminalized provisions under the Jan Vishwas (Amendment of Provisions) Act, 2023.

·The Boilers Act, 1923 was amended in 2007 to include independent third-party inspections, but further review was needed.

·Therefore, Boilers Bill, 2024 has been redrafted according to modern drafting practices for clarity.

Salient Features of the Boilers Bill, 2024

·Regulation of Boilers: The Bill regulates the manufacturing, installation, operation, alterations, and repair of boilers.

·Registration is required before operation, renewable annually.

·The Central Boilers Board can make regulations, and state governments appoint inspectors.

·Exemptions: Boilers with specific capacities or uses are exempt (e.g., those below 25 liters or below 1 kg/cm² pressure).

·The state can exempt boilers in emergencies or to support rapid industrial growth.

·Offences and Penalties: Penalties for offences like altering boilers without approval or tampering with safety valves. Penalties range from fines to imprisonment.

·Safety and Uniformity: The Bill aims to ensure safety from boiler explosions and ensure uniformity across the country.

·Decriminalization Provisions: Incorporates decriminalization measures from the Jan Vishwas Act, 2023.

·Fines have been replaced with penalties for non-criminal offences, with penalties levied through executive mechanisms rather than courts.

·New clauses 35 (Adjudication) and 36 (Appeal) have been added for dispute resolution.

Importance 

·The Bill aims to enhance safety in factories using industrial boilers by ensuring uniformity in regulations across India, including standards for construction, pressure specifications, registration, and periodic inspections.

·The focus is on preventing boiler explosions and ensuring the safety of life and property.

·The Bill benefits boiler users, especially in the MSME sector, by incorporating decriminalization provisions.

 

Key Issues 

·Exemption from Provisions: The Bill allows state governments to exempt certain areas, potentially compromising safety.

·Lack of Appeal Mechanism: No judicial recourse for decisions made by the central government or inspectors; appeals can only be made through writ petitions to the High Court.

·Entry Powers for Inspectors: Inspectors have powers to enter premises, but no safeguards are specified, unlike similar laws.

·Simplification of Compliance: Some states allow self-certification for boilers, but the Bill does not incorporate this feature.

·The Bill does not specify time limits for inspections or approvals for alterations and repairs.

 

Conclusion and Way Forward 

·The Boilers Bill, 2024, represents a significant step towards modernizing India’s regulatory framework for boilers. 

·By enhancing safety measures and simplifying processes, the bill aims to support industrial growth while ensuring the well-being of workers and the public.

·Its implementation will require careful attention to avoid compromising environmental standards, judicial fairness, and consistent enforcement.

Source: https://www.thehindu.com/news/national/rajya-sabha-passes-boilers-bill/article68948030.ece