State of Madhya Pradesh - Act
The M.P. Boiler Attendants' Rules, 1958
MADHYA PRADESH
India
India
The M.P. Boiler Attendants' Rules, 1958
Rule THE-M-P-BOILER-ATTENDANTS-RULES-1958 of 1958
- Published on 11 September 1959
- Commenced on 11 September 1959
- [This is the version of this document from 11 September 1959.]
- [Note: The original publication document is not available and this content could not be verified.]
Chapter I
Preliminary
1. Short title and definitions.
Chapter II
General
2. Boiler to be in charge of a person holding a Boiler Attendants Certificate.
- The owner of a boiler shall not use it or permit it to be used unless it is placed under the direct and immediate charge of a fit and proper person as required by Rule 3 :Provided that the State Government may, by notification in the Gazette exempt any boiler or classes or types of boiler from the operation of this rule :Provided further, that nothing in these rules shall debar a person from holding a certificate of competency, as an attendant, granted under the Central Provinces and Berar Boiler Attendants' Rules, 1930 and under the Bhopal State Boiler Attendant Rules, 1956, from remaining m attendance and in charge of a boiler or boilers to the extent of his qualifications indicated in such certificate :Provided further that in respect of a boiler of any capacity worked within the area formerly part of the merged State of Madhya Bharat a person holding a certificate of competency issued by a competent authority under the Steam Boilers and Prime Movers Act, Gwalior State, Samvat 1998 and Indore Boiler Inspection Act (No. 1 of 1906), shall to the extent of his qualification indicated by the said certificate be deemed a fit an proper person to be in attendance and charge of such boiler or boilers within the said are for a period of three years with effect from the date of publication of these rules.4. Holders to produce the same certificate when called for by and authorised person.
- The holder of a certificate under these rules shall, a all reasonable times during the period any boiler is in his charge be bound to produce such certificate when called upon to do so by any of the person empowered under Section 15 to call for the production of the certificate of provisional order authorising the use of the boiler.5. Owner to furnish Chief Inspector with particulars o certificates.
6. Limits of daily period of attendance, reliefs allowed and sphere of action.
7. When boiler deemed to be in use.
Chapter III
Board of Examiners
8. Constitution of the Board of Examiners.
9. Term of office of the members.
- The term of office of each of the members other than the ex-officio members of the Board of Examiners shall be three years. If a member leaves the State of Madhya Pradesh or is absent therefrom for a period of more than six months, he shall be deemed to have vacated his seat on the Board and another person may be appointed in his place for the unexpired portion of his term.10. Function of the Board.
- The Board of Examiners shall,11. Meeting of the Board.
12. Quorum.
- The Chairman or the Secretary and two members of the Board of Examiners shall form a quorum.13. Chairman of the Board.
- The Chairman shall preside over all meetings of the Board of Examiners and in his absence, a member chosen by the members present at the meeting shall preside over the meeting.14. Secretary of the Board.
- The Secretary of the Board of Examiners shall maintain a register of Boiler Attendants holding certificates of competency and shall perform such other functions as are specified in these Rules or as the Chairman of the Board of Examiners may direct.15. Board's endorsement on application.
- The Board of Examiners shall endorse on the printed application form of each candidate the result to, his examination for a certificate of competency as a Boiler Attendant. The endorsed application shall be returned to the Secretary of the Board.16. Board empowered to refuse issue of certificate.
17. [ Member's Fee. [Substituted by Notification No. F. 2-1-1-98-A-XI. dated 30th September 1999, published In Madhya Pradesh Rajpatra Part IV (Ga), dated 22-10-1999.]
- Each member of-the Board, other than an official subordinate to the State Government shall be entitled to receive an honorarium of Rs. 500/- per diem for each meeting of the Board at which any business prescribed by these rules has been transacted and which he attends from beginning to the end.]17A. [ [Inserted 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, p. 76.]
- Each member of the Board, other than an official subordinate to the State Government, shall be entitled to receive travelling expenses to and for each meeting of the Board, as admissible under the Madhya Pradesh Travelling Allowances Rules, 1956, to the officers of the first grade.]Chapter IV
Examination
18. Examination.
- Examination for the grant of certificate of competency as Boiler Attendant to remain in charge of boilers shall be heM by the Board of Examiners at such dates as may be notified by the Secretary of the Board, from time to time, in the official Gazette.19. Class of certificates.
- Examination for granting certificates of competency as a Boiler Attendant shall be of two kinds, viz., one for the award of first class certificate of competency as Boiler Attendant and the other for the award of second class certificate of competency as a Boiler Attendant.20. Postponement of examination.
- When a date fixed for the examination is declared a gazetted holiday or when for any unforeseen reason an examination cannot be held on the date fixed, the Chairman may fix some other date for holding the examination and the same shall be duly notified to the candidates for examination.Chapter V
Certificate of Competency
21. Classes of certificate and capabilities of holders thereof.
- Except as otherwise provided in these rules, certificates of competency granted thereunder shall be of two classes. The certificate of the first class shall qualify the holder thereof to be in charge of-22. [ Exchange Certificate. [Substituted by Madhya Pradesh Rajpatra, Part I, dated 12-11-1971.]
- A person holding a certificate of competency as a Boiler Attendant granted by a Board of Examiners under the corresponding rules in any other State or under the Apprentices Act, 1961, shall on application, have the certificate endorsed for validity in the State of Madhya Pradesh. Such endorsement shall be made by the Chairman of the Board of Examiners constituted under these rules. In the case of certificates granted under the Apprentices Act, 1961, these shall be endorsed as equivalent to Second Class Certificate of competency.]23. [ Fees. [Substituted by Notification No. F. 2-1-1-98-A-XI, dated 30th September 1999, published In Madhya Pradesh Rajpatra Pari IV (Ga), dated 22-10-1999.]
| (i) | Examination fee for first class and second class (Generalcandidate) | Rs. 250/- |
| (ii) | Examination fee for first class and second class (ScheduledCaste and Scheduled Tribe candidate). | Rs. 100/- |
| (iii) | Duplicate Certificate | Rs. 50/- |
| (iv) | Endorsement of Certificate under Rule 22 | Rs. 100/-] |
24. Refund of fees.
- Candidates once admitted to an exaltation under these rules shall not be entitled to any refund of fees. Where a candidate is unavoidably absent from the Examination on the date fixed, the Chairman of the Board of Examiners may allow him to appear without payment of a second fee at the next examination.25. Fees of candidates found ineligible.
- A candidate who has paid the examination fee but is found ineligible for an examination may apply within one year form the date of payment for a refund of the fee or he may be allowed to appear without payment of second fee at any subsequent examination held within one year from the date of payment of the fee: provided that he becomes eligible to sit for such subsequent examination.Chapter VI
Application For Examination
26. Form of application.
- Every application for examination shall be In Form 'A' appended to these rules. The applicant shall fill in such parts of the form as are to be filled in by candidate and shall sign the form in the presence of a Gazetted Officer or an Honorary Magistrate who shall at test his signature. The application so filled in, shall be forwarded to the office of the Chairman of the Board of Examiners not later than one month before the date fixed for the examination and shall be accompanied by,27. Candidate to produce satisfactory testimonials.
- No candidate shall be admitted to examination who cannot produce satisfactory testimonials certifying his experience, ability, sobriety and general good conduct for the whole period of his qualifying service. Any breaks In the period of qualifying service shall be accounted for.28. Essential statements.
- A testimonial shall clearly state the capacity in which the candidate was employed, whether as Boiler Attendant, Head Fireman, Donkeyman or Fireman and the periods of such employment stating the dates between which the candidate was so employed.29. Signature and countersignature.
- A testimonial shall be signed by a responsible person with whom the candidate was employed and be countersigned by the Owner, Agent, Manager or Secretary of the Mill, Factory or Workshop or by such other person as the State Government may prescribe in this behalf.30.
A testimonial in respect of service on a steamship may be signed by the Chief Engineer and countersigned by the master of the vessel or may be in the form of a seaman's discharge issued by a Shipping Master.31. Railway or Public Works Department Service.
- A testimonial of service of railway boiler or boilers belonging to the Public Works Department or local bodies shall be signed by a responsible officer under whom the candidate has directly served and countersigned by the head of the department concerned.32. Doubtful testimonials.
- The Secretary to the Board of Examiners has reason to doubt the truth of any statement made in any application or testimonials, he may make such enquiries, as he thinks fit, to verify the same.33. False testimonials.
- If, on enquiry, the Secretary is satisfied that any testimonial submitted by a candidate is false in any material particular, he shall submit his findings to the Chairman of the Board of Examiners who may by a written order debar such candidate from being admitted to any subsequent examination held under these rules. If on the strength of any such testimonial a candidate has already been admitted to an examination, he shall be deemed to have failed in such examination and any certificate granted to him as a result of his having been declared to have passed such examination, shall be forthwith recalled and be cancelled by a notification in the official gazette, provided that before any certificate is cancelled under this rule, the holder thereof shall be given a reasonable opportunity of being heard in the matter.34. Filing of copies and return of original testimonials.
- Applications and copies of testimonials submitted by candidates shall be filed in the office of the Chairman of the Board of Examiners. Original testimonials shall be returned to the candidates after the close of the examination.Chapter VII
Age and Training
35. Age and training of second class candidates.
- A candidate for a certificate of competency as Boiler Attendant of the Second Class shall not be less than 20 years of age, and shall not be admitted to the examination unless he proves to the satisfaction of the Board of Examiners that he-36. Age and training of first class candidates.
- A candidate for a certificate of competency as a Boiler Attendant of the First Class shall not be less than twenty-two years of age, and shall not be admitted to the examination unless he possesses a certificate of the Second Class and in addition thereto-37. Service not in strict conformity with rules.
- Notwithstanding anything to the contrary contained in Rules 35 and 36, the State Government may empower the Chairman, Board of Examiners, to admit in his discretion any candidate to an examination under these Rules, if he so thinks fit.Chapter VIII
Examination Subjects
38. Second Class Boiler Attendants.
- A candidate, in order to be qualified for a certificate of competency of the second class, shall inter aim satisfy the examiners that-39. First Class Boiler Attendants.
- A candidate, in order to be qualified for a certificate of competency of the first class, shall satisfy the examiners that in addition to the subjects specified for candidates of competency of the second class, he has at least a rudimentary knowledge of the principal elementary facts relating to combustion/heat and steam and that he is able to explain, inter alia-Chapter IX
Mode of Examination
40. Examination in writing, optional.
- The examination shall be conducted orally, but any candidate may, if he desires, write his answers to such written questions as may be given to him by the examiners.41. Examination where held.
- If the Board of Examiners consider necessary, the examination may be held either in a factory or mill or in a workshop in which boilers are used or partly in such factory, mill or workshop and partly in the examination room where models and sketches of boilers may be kept for viva voice test.Chapter X
Grant of Certificate
42. Grant of certificate of competency.
- If a candidate passes the examination the result will be notified in the Official Gazette, and he shall be granted a certificate in accordance with the class in which he passed as soon as practicable after the close the examination.43. Form of certificate.
- Certificate of competency in first class and second class as a Boiler Attendant under Rule 21 shall be in Forms B and C respectively, appended to these rules.44. Surrender of lower grade certificate.
- No certificate of the first class shall be granted to the holder of a second class certificate after examination under these rules unless and until he has surrendered to the Chairman the certificate of the lower grade.45. Application of exchange certificate.
- An application for the award of a certificate of competency as a Boiler Attendant shall be in Form A appended to these rules.46. Record of duplicate certificate.
- Duplicate of all certificates granted under these rules shall be recorded in the office of the Chairman.47. Identification requirement.
- Every certificate granted under these Rules shall bear a bust photograph of the holder thereof previously submitted alongwith his application under Rule 26 and his signature or thumb impression and such other particulars as may be required for the purpose of identification.48. Grant of duplicate certificate.
- Whenever the holder of a certificate proves to the satisfaction of the Chairman of the Board of Examiners that certificate granted to him under these rules has been lost, stolen or destroyed or mutilated without any fault on his part, he shall be granted a duplicate certificate to which by the record so kept as aforesaid, he appears to be entitled, which shall have for all purposes the same validity as the original certificate.If, on enquiry, the Secretary to the Board of Examiners is satisfied that any statement made by the applicant for the issue of a duplicate certificate is false, he shall report the case to the said Board at its next meeting, and the Board may at its discretion, cancel the certificate or permit the grant as aforesaid of a duplicate certificate either immediately or after such period not exceeding twelve months as the Board may think fit having regard to the circumstances of each case.49. Application for duplicate certificate.
- Application for a duplicate certificate shall be lodged with the Chairman to the Board of Examiners with a declaration sworn before a Gazetted Officer or an Honorary Magistrate stating that the certificate granted under these rules has been lost without fault on the part of the applicant.50. Invalidity of original certificate.
- On the issue of a duplicate certificate, the original certificate shall cease to be valid, and shall, if in the possession or power of the holder thereof, be returned to the office of the Chairman for cancellation.51. Enquiry regarding certificate-holders and suspension of certificate.
- (i) If a District Magistrate or the Chief Inspector of Boilers has reason to believe, from any cause whatsoever, that an enquiry should be made into an allegation of incompetence, drunkenness, misconduct or negligence on the part of an attendant holding certificate of competency under these rules, they shall either themselves make such enquiry or cause it to be made by their subordinate officers. The District Magistrate may depute a Magistrate of First Class and the Chairman of the Board of Examiners an Inspector of Boilers duly authorised by him to hold such enquiry.52. Submission of proceedings before the Board.
- The Secretary to the Board of Examiners shall submit the proceedings sent under sub-rule (iv) of Rule 51 before the Board at its next meeting and the Board of Examiners at its discretion may allow the certificate to stand or may cancel the certificate permanently or suspend it for such period as it thinks fit.Chapter XI
Penalty
53. Cognizance of offences.
- The owner of a boiler who works or permits or causes the boiler to be worked at any time in contravention of Rule 2 shall be punishable with fine which may extend to Rs. 100.Any person in charge of a boiler or any other person who works the same or permits or causes it to be worked in contravention of Rule 4, 5 or 6 shall be punishable with fine which may extend to Rs. 100.Form 'A'[See Rules 26 and 45]Application for Certificate of Competency as Boiler AttendantRegd. No.............Division I-Name, etc. of the applicant| Name in full | Nationality | Date of birth | Place of birth | Permanent address | Nature of certificate | Grade of certificate applied for | Whether appeared in any previous examinations | If so when and where |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) |
| No. of certificate | Class of certificate | Where issued | Date of issue | If at any time suspended or cancelled, if sostate by whom | Date | Causes of suspension or cancellation |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) |
| No. of testimonials (If any) | Date of testimonials | Name of person signing each testimonial | Address and designation of factory or workshopwhere employed. | No., type and heating surface of boilers | Capacity in which employed. |
| (1) | (2) | (3) | (4) | (5) | (6) |
| Service of Applicant | Not to be filled by the Board | |||||
| Date of commencement | Date of termination | Time employed in this Service | Initial of verifier | Remarks | ||
| Year | Month | Days | ||||
| (7) | (8) | (9) | (10) | (11) | (12) | (13) |