State of Madhya Pradesh - Act
The M.P. Boilers Rules, 1969
MADHYA PRADESH
India
India
The M.P. Boilers Rules, 1969
Rule THE-M-P-BOILERS-RULES-1969 of 1969
- Published on 7 March 1969
- Commenced on 7 March 1969
- [This is the version of this document from 7 March 1969.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title.
2. Definitions.
- In these rules, unless the context otherwise requires,-3. Payment of fees and costs.
- All fees and costs payable under the Act or regulations or rules framed thereunder shall be deposited into a Government treasury. An application to which the treasury receipt is affixed shall be deemed to be accompanied by the prescribed fee. All fees and costs levied under the Act shall be disposed of in such manner as the Government shall direct, form line to time.4. Calculation of registration and inspection fees.
- Every application under sub-section (1) of Section 7 and sub-section (4) of Section 8 shall be accompanied by a fee calculated on the basis of boiler rating as prescribed under Regulation 384. The formula for calculating the boiler rating shall be as prescribed in Regulation 383.5. Registration fees.
- Fees for registration and first inspection of boilers shall be as prescribed in Regulation 385.6. [ Fee required to accompany the application for inspection. [Substituted by Notification No. F. 2-1-98-A-XI, dated 30th September 1999, Published in Madhya Pradesh Rajpatra Part IV (Ga), dated 22-10-1999.]
- Every application for inspection, for the renewal of certificate under sub-section (4) of Section 8 shall be accompanied by a fee on the following scales:-| For boiler rating not exceeding 70 | Rs. 1000/- |
| For boiler rating exceeding 70 but not exceeding 200 | Rs. 2000/- |
| For boiler rating exceeding 200 but not exceeding 800 | Rs. 3500/- |
| For boiler rating exceeding 800 but not exceeding 1600 | Rs. 7000/- |
| For boiler rating exceeding 1600 but not exceeding 2400 | Rs. 8000/- |
| For boiler rating exceeding 2400 but not exceeding 3000 | Rs. 15000/- |
| Above 3000 for every 200 or part thereof an additional fee ofRs. 200 shall be charged: |
| (a) | For outside surface area not exceeding 1sq.m. | Rs. 500/- |
| (b) | For outside surface area exceeding 1 sq. m. but not exceeding3 sq. m. | Rs. 600/- |
| (c) | For outside surface area exceeding 3 sq. m. but not exceeding5 sq. m. | Rs. 700/- |
| (d) | For outside surface area exceeding 5 sq. m. but not exceeding7 sq. m. | Rs. 800/- |
| (e) | For outside surface area exceeding 7 sq. m. but not exceeding9 sq. m | Rs. 900/- |
| (f) | for outside surface area exceeding 9 sq. m. but not exceeding11 sq. m. | Rs. 1000/- |
| (a) | Upto 25 mm | Rs. 5/- per piece |
| (b) | Above 25 mm and upto 100 mm | Rs. 25/- per piece |
| (c) | Above 100 mm and upto 250 mm | Rs. 150/-per piece |
| (d) | Above 250 mm | Rs. 150/-per piece |
| (a) | Upto and including 25 mm for a batch of 50 or part thereof | Rs. 120/- |
| (b) | Over 25 mm upto and including 50 mm for a batch of 50 or partthereof | Rs. 240/- |
| (c) | Over 50 mm upto and including 100 mm for a batch of 25 or partthereof | Rs. 240/- |
| (d) | Over 100 mm upto and including 250 mm for a batch of 10 orpart thereof | Rs. 260/- |
| (e) | Over 250 mm for a batch of 5 or part thereof. | Rs. 300/- |
8. Fees to cover complete inspection.
- The fees mentioned in Rule shall cover complete inspection including hydraulic test and steam test, where such are necessary, subject to the provision of sub-section (2) of Section 14.9. Second fee for reinspection of defective boilers and inspection in default.
- A second fee shall be leviable for reinspect.on of defective boiler and also in cases where the inspection of a boiler is begun, but owing to the fault or neglect of the owner or person in charge is not complete period of six months from the date of commencement of inspector10. Sanction of Chief Inspector to second fee.
- No extra fee shall be levied except with the sanction of the Chief Inspector.11. Fee for duplicate certifier.
- [(1) A duplicate certificate for bona fide purpose may be issued to a boiler owner under the order of the CM Inspector on receipt of a fee Rs. 50] [Substituted by Notification No. F. 23 (iii) 2-88-A/XI, dated 26-11 1990, published in Madhya Pradesh Rajpatra, Part IV (Ga), dated 1-2-1991 at page 73.]12. [ Fee for copy of Registration Book. [Substituted by Notification No. F. 23-(iii)-2-88-A/XI, dated 26-11-1990.]
- Fee for a copy of Registration Book containing only particulars and dimensions of the boiler shall be Rs. 100 while issuing copies of Registration Book. Copies of official inspection Notes shall not be furnished.]13. Payment of Inspector's travelling expenses in certain cases.
- If the owner of a boiler requires an inspection at a time which would necessitate a special travel by an Inspector, he shall in addition to the registration or inspection fee, pay an additional sum as the Chief Inspector may determine to cover the conveyance and travelling allowance charges of the Inspector from his headquarters and for any attending staff accompanying him. The payment of such fees shall also be made in the manner as prescribed in Rule14. Refund of fees.
- Fees paid in excess and fees paid for inspection which for any reason not due to any fault or omission of the owners or persons in charge of boilers have not been made shall be refunded by the Chief Inspector or adjusted against the fees for the Inspection of any other boiler or boilers of the same owner or owners, if the refund is applied for within one year of the date of payment.15. Qualifications of Chief Inspector of Boilers.
16. Administrative Control.
17. Duties of Chief Inspector.
18. Duties of Deputy Chief Inspector.
19. Duties of Inspector.
20. Inspection at special times.
- No examination of a boiler shall be made by an Inspector for the purpose of registering or renewing the certificate of a boiler on a Sunday or on a public holiday under the Negotiable Instruments Act, 1881, or between the hours of sunset and sunrise without the specific orders of the Chief Inspector in each case.21. Duties as an Inspecting Officer.
- As an Inspecting Officer an Inspector shall-22. Receipt of application for registration.
- Application for registration of the boiler shall be made under sub-section (1) of Section 7 either to the Deputy Chief Inspector or Chief Inspector or Inspector of the local area in which the boiler is situated and shall be accompanied by a receipt for the prescribed fee. No application shall be accepted without the receipt. No boiler shall be registered if on measurement the fee is found to be deficient until the deficit has been paid. Excess payment, if any, shall be refunded after registration.23. Registration.
- The Inspector shall fix a date for the examination of the boiler as required under sub-section (2) of Section 7. He shall proceed to take action under sub-section (3) of Section 7 on the date fixed and submit his report to the Chief Inspector as early as practicable.The Chief Inspector shall issue his orders under sub-section (4) of Section 7 with delay.24. Register of registered boilers.
- The Deputy Chief Inspector or Chief Inspector shall maintain a register of registered boilers in serial order in Form A in two parts. In Part I (boilers originally registered in the State)-the registered number of a boiler shall be the one immediately following the last serial number in the register. Gap number due to boilers being broken up or transferred to another State shall not be filled up. In Part n (boiler originally registered in other States)-entries shall be made as prescribed in Rule 18 (1) (f). The Inspector in charge of an office shall keep in a similar register for all boilers within his jurisdiction.25. Procedure on transfer of a boiler.
- Whenever a boiler is transferred from another State (to Madhya Pradesh) the owner shall under clause (b) of Section 6 apply to the Chief Inspector for the registration of the transfer. The Chief Inspector shall then obtain the registration book and memorandum of inspection book of the boiler from the State from which the boiler was transferred. No fee shall be charged for recording transfer. The boiler cannot be used before the transfer is recorded.26. Entry of transferred boilers in register.
- On receipt of the registration and memorandum of inspection book, the Deputy Chief Inspector or Chief Inspector shall enter the boiler under its original number in Part II of his register and shall instruct the Inspector of the area in which the boiler is situated to enter it similarly in his register. The registration book and the memorandum of Inspection Book shall be kept in the office of the Deputy Chief Inspector or the Chief Inspector.27. Note of transferred and dismantled boilers.
- Whenever a boiler has been transferred to another State or broken up, the fact shall be noted in the register. In the case of a boiler that has been permanently dismantled, the registration book and the memorandum of inspection book shall be destroyed.28. Investigation of accidents.
- On receipt of a report of an accident to a boiler or steam pipe under Section 18, the Inspector shall with the least possible delay proceed to the place to investigate the accident. If the report is received by the Deputy Chief Inspector or Chief Inspector, he shall forward it at once to the Inspector within whose jurisdiction, the accident has occurred for necessary action.29. Procedure during enquiry.
- The Inspector at his enquiry shall make a careful examination of the damaged parts and shall take such measurements and make such sketches for the purpose of his report as he may deem necessary. He shall enquire into the circumstances attending the accident and note the time of its occurrence, its nature and extent, the injury caused to persons and the damage to property. The report shall be given in Form D appended to these rules.30. Power to hold enquiry in writing.
- The Inspector shall take the written statement of witnesses and all persons immediately concerned with the accident. In order to comply with the provision of sub-section (2) of Section 18, the Inspector shall present to the owner or person in charge of the boiler a series of written questions on all points that are material to the enquiry.31. Use of boiler after accident.
- The Inspector shall decide whether the use of the boiler can be permitted at the same or at a lower pressure without repairs or pending the completion of any repairs or alterations that he may order. In no case shall he issue a provisional order or renew a certificate until his orders have been carried out.32. Procedure in case of serious accidents.
- The report shall be sent without delay to the Deputy Chief Inspector, or Chief inspector, who if he considers that the investigation has been sufficient shall record the facts in his register of the accidents and shall enter a brief account of the accident in the register and memorandum of Inspection Books. If, however, the accident is of a serious nature and in all cases in which an explosion has occurred, the Chief Inspector on receipt of the report shall proceed to investigate the accident personally either alone or with the Deputy Chief Inspector or any other Inspector as considered necessary.33. Reference in the annual report.
- A brief account of all accidents and their causes shall be included in the annual report on the working of the Act.34. Unreported accidents.
- If in the course of any Inspection or at any other time, the Inspector discovers damage which goes within the definition of an accident, but it has not been reported, he shall report the fact at once to the Chief Inspector for action under clause (d) of Section 24.35. Attendance during hearing of appeals under Section 19.
- Under orders of the Chief Inspector, the Inspector shall attend during the hearing of appeals with regard to boilers within his area before the Chief Inspector or appellate authority.36. Appellate Authority.
- The Government shall constitute an appellate authority under Section 20 for such period as it may deem fit. The appellate authority shall be presided over by an officer who has exercised or is exercising the powers of District Judge or a District Magistrate.37. Panel of assessors.
- The Government shall constitute a panel of assessors for the purpose of assisting the appellate authority in the hearing of appeals. Assessors shall be competent persons with necessary technical knowledge and experience and must be qualified mechanical engineers.38. Attendance of assessors.
- Whenever the date for hearing of an appeal before the appellate authority has been fixed, the Chief Inspector shall under the orders of appellate authority arrange for the attendance of at least 3 members of the panel to act as assessors.39. Fees to assessors.
- An assessor shall be entitled to such daily fee not exceeding a maximum of Rs. 50 (Rupees fifty) per day as may be fixed by the appellate authority and he shall also be entitled lo travelling allowance at the rates prescribed under the orders for the time being in force relating to the attendance of witnesses in Civil Courts.40. Filing of appeal.
- Every appeal shall be made in writing either in English or in the official language of the State and shall be presented to the Chief Inspector within thirty days of the communication to him of the order against which an appeal is preferred.41. Form of appeal.
- The appeal shall be accompanied by the original order, notice or report appealed against, or by certified copy therefor where no such order, notice or report has been made in writing, by a clear statement of facts appealed against, the grounds of appeal and the relevant Sections of the Act.42. Fixing date for hearing.
- On receipt of an appeal, the Chief Inspector shall at once fix a date for hearing of the appeal if the appeal is to be heard by himself and obtain date for the hearing of the appeal from the appellate authority, if it is to be heard by the appellate authority. No delay shall be made in deciding appeals.43. Procedure during hearing.
- When the date for hearing has been fixed the Chief Inspector shall at once issue a notice to the appellants stating the date for hearing and informing him that if he wishes to be heard in support of the appeal or to produce evidence, he must be present either in person or by an authorised agent with his evidence on the date fixed. The notice shall be sent by registered post to such address as shall be entered in the petition.44. Presence of Inspector.
- In all appeals the Chief Inspector shall decide whether the presence of the Inspector is necessary and issue orders accordingly.45. Attendance of witnesses.
- The appellate authority shall have power to secure the attendance of witnesses and to make local enquiries and for this purpose shall exercise the powers of a Court under the provisions of the Code of Civil Procedure, 1908.46. Ex-parte decision.
- If the appellant is not present on the date fixed the appeal may be decided in his absence.47. Costs in appeal.
- In appeals before the appellate authority, the appellate authority shall decide the costs and recover them from the appellant in any case in which the appeal is dismissed. In all cases of appeals in which a local inspection is required by the appellant, he shall deposit in advance the full costs of such inspection.48. Fees required for certificates granted on appeals.
- Any order on appeal authorising the registering of a boiler or the grant of the renewal of a certificate shall be deemed to be subject to the payment of such fees as are prescribed by rules or regulations framed under the Act.49. Repeal and savings.
- On coming into force of these rules, the Madhya Pradesh Boiler Inspection Rules, 1959 shall stand repealed; provided that any order made or action taken or thing done under the rules so repealed shall be deemed to have been made or taken or done under the corresponding provisions of these rules.Form 'A'[Rules 18, 24 and 26]| Registry No. | Type of Boiler | Boiler Rating | Name of Manufacturer | Year and place of construction |
| (1) | (2) | (3) | (4) | (5) |
| Date of registration | Name of Owner | Place where in use | Remark | Transfers etc. |
| (6) | (7) | (8) | (9) | (10) |
| Registered Number of boilers | Number of owner or agent | Where situated | Date of Inspection desirable | Description of boiler and age |
| (1) | (2) | (3) | (4) | (5) |
| Boiler Number | Boiler rating | Fees | Extra fees for Sunday and holiday inspection andother expenses | Total |
| (1) | (2) | (3) | (4) | (5) |
| Registered number of boiler | Description and material, when and where made | Repairs and alteration since last inspection | Purpose for which used | Boiler rating |
| (1) | (2) | (3) | (4) | (5) |
| Date of last hydraulic test and pressure applied | Date of Inspection | Limit of working pressure of boiler in pounds persquare inch | Date of last hydraulic test of steam pipe | Remarks |
| (6) | (7) | (8) | (9) | (10) |