The Boilers Act, 2025
Administered Ministry: Ministry of Commerce and Industry / Department of Promotion of Industry and Internal Trade
Section
Section 41 Rules and regulations to be laid before Parliament.
Every rule made by the Central Government under section 39 and every regulation made by the Board under section 40 shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.
Section 42 Power of State Government to make rules.
(1) The State Government may, by notification and subject to the condition of previous publication, make rules not inconsistent with this Act and regulations made thereunder for all or any of the following provisions, namely:---
(a) the powers and duties of the Chief Inspector, Deputy Chief Inspectors and Inspectors under subsection (8) of section 5;
(b) the fee payable for registration of boiler under sub-section (2) of section 12;
(c) the period within which Inspector shall be required to examine the boiler under sub-section (3) of section 12;
(d) the manner of reporting transfer of boilers from one place to another within State under sub-section (9) of section 12;
(e) the manner of inquiry in respect of an accident under sub-section (4) of section 23;
(f) the manner for making appeals under sub-section (2) of section 24;
(g) the procedure for disposing of appeals under sub-section (3) of section 24;
(h) the manner in which the penalties, fines and costs levied under this Act shall be utilised under sub-section (2) of section 32;
(i) the manner of holding inquiry and imposing penalty under sub-section (1) of section 35; and
(j) the form and manner of preferring appeal under sub-section (1) of section 36.
(2) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.
(a) the powers and duties of the Chief Inspector, Deputy Chief Inspectors and Inspectors under subsection (8) of section 5;
(b) the fee payable for registration of boiler under sub-section (2) of section 12;
(c) the period within which Inspector shall be required to examine the boiler under sub-section (3) of section 12;
(d) the manner of reporting transfer of boilers from one place to another within State under sub-section (9) of section 12;
(e) the manner of inquiry in respect of an accident under sub-section (4) of section 23;
(f) the manner for making appeals under sub-section (2) of section 24;
(g) the procedure for disposing of appeals under sub-section (3) of section 24;
(h) the manner in which the penalties, fines and costs levied under this Act shall be utilised under sub-section (2) of section 32;
(i) the manner of holding inquiry and imposing penalty under sub-section (1) of section 35; and
(j) the form and manner of preferring appeal under sub-section (1) of section 36.
(2) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.
Section 43 Finality of orders.
An order of the Central Government under sections 25 and 26, 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 44 Power to remove difficulties.
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for removing the difficulty:
Provided that no order shall be made under this section after the expiry of three years from the date of commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.
Provided that no order shall be made under this section after the expiry of three years from the date of commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.
Section 45 Repeal and savings. 2 docs
(1) The Boilers Act, 1923 (5 of 1923) is hereby repealed.
(2) Notwithstanding such repeal,---
(a) any notification, rule, regulation, bye-law, order or exemption issued, made or granted under the Act so repealed shall have effect as if it had been issued, made or granted under the provisions of this Act, till new notification, rule, regulation, bye-law, order or exemption is issued, made or granted under this Act;
(b) any office established or created, officer appointed and any body constituted under the Act so repealed shall continue and shall be deemed to have been established, created, appointed or constituted under this Act;
(c) any document referring to the Act so repealed shall be construed as referring to this Act or to the provision of this Act;
(d) any fine or penalty levied under the Act so repealed may be recovered as if it had been levied under this Act;
(e) any offence committed under the Act so repealed may be prosecuted and punished as if it had been committed under this Act;
(f) any boiler registered under the Act so repealed shall be deemed to have been registered under this Act;
(g) any certificate of competency or proficiency, exemption, or any other certificate or document issued, made or granted under the Act so repealed and in force at the commencement of this Act shall be deemed to have been issued, made or granted under this Act and shall, unless cancelled under this Act, continue in force until the date shown in the certificate or document, as the case may be;
(h) any proceeding pending before any court under the Act so repealed may be tried or disposed of under the corresponding provisions of this Act;
(i) any inspection, investigation or inquiry ordered to be done under the provisions of the Act so repealed shall continue to be proceeded with as if such inspection, investigation or inquiry is ordered to be done under the corresponding provisions of this Act.
(3) The mention of particular matters in this section shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897), with regard to the effect of repeals.
(4) Notwithstanding the repeal of the aforesaid Act, the Board constituted under the Act so repealed shall continue to function till a new Board is constituted under this Act.
(2) Notwithstanding such repeal,---
(a) any notification, rule, regulation, bye-law, order or exemption issued, made or granted under the Act so repealed shall have effect as if it had been issued, made or granted under the provisions of this Act, till new notification, rule, regulation, bye-law, order or exemption is issued, made or granted under this Act;
(b) any office established or created, officer appointed and any body constituted under the Act so repealed shall continue and shall be deemed to have been established, created, appointed or constituted under this Act;
(c) any document referring to the Act so repealed shall be construed as referring to this Act or to the provision of this Act;
(d) any fine or penalty levied under the Act so repealed may be recovered as if it had been levied under this Act;
(e) any offence committed under the Act so repealed may be prosecuted and punished as if it had been committed under this Act;
(f) any boiler registered under the Act so repealed shall be deemed to have been registered under this Act;
(g) any certificate of competency or proficiency, exemption, or any other certificate or document issued, made or granted under the Act so repealed and in force at the commencement of this Act shall be deemed to have been issued, made or granted under this Act and shall, unless cancelled under this Act, continue in force until the date shown in the certificate or document, as the case may be;
(h) any proceeding pending before any court under the Act so repealed may be tried or disposed of under the corresponding provisions of this Act;
(i) any inspection, investigation or inquiry ordered to be done under the provisions of the Act so repealed shall continue to be proceeded with as if such inspection, investigation or inquiry is ordered to be done under the corresponding provisions of this Act.
(3) The mention of particular matters in this section shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897), with regard to the effect of repeals.
(4) Notwithstanding the repeal of the aforesaid Act, the Board constituted under the Act so repealed shall continue to function till a new Board is constituted under this Act.