State of Bihar - Act
Bihar Boilers Attendants' Rules, 1948
BIHAR
India
India
Bihar Boilers Attendants' Rules, 1948
Rule BIHAR-BOILERS-ATTENDANTS-RULES-1948 of 1948
- Published on 26 October 1948
- Commenced on 26 October 1948
- [This is the version of this document from 26 October 1948.]
- [Note: The original publication document is not available and this content could not be verified.]
Part I – Preliminary
1. Short title, commencement and definitions.
Part II – General
2. Boiler to be in charge of person holding a Boiler Attendants' Certificate.
- The owner of a boiler shall not use the same or permit the same to be used unless the boiler is under the direct and immediate attendance and charge of a fit and proper person as described in Rule 3:Provided that the Provincial Government may by notification in the Bihar Gazette exempt any boilers or classes or types of boilers from the operation of this Rule.3. Competent person must possess certificate; extent of qualification.
- No person who does not possess a certificate of competency under these rules shall be deemed a fit and proper person to be in attendance and charge of a boiler; and no holder of any such certificate shall be deemed a fit and proper person to be in attendance and charge of any boiler, except to the extent of his qualification indicated by his said certificate.4. Holder to produce certificate when called for by authorised person.
- The holder of a certificate under these rules shall, at all reasonable times during the period a boiler is in his charge, be bound to produce such certificate when called upon to do so by any of the persons empowered under Section 15 to call for the production of the certificate or provisional order authorising the use of the boiler.5. Owner to furnish Chief Inspector with particulars of certificates.
- Any owner of a boiler who engages any person to hold charge of a boiler shall at once furnish the Chief Inspector with the name and qualification of such person together with the registered number of his certificate granted under these Rules.6. Limits of daily period of attendance, reliefs allowed and sphere of action.
7. When boiler deemed to be in use.
- A boiler shall be deemed to be in use for the purpose of these Rules when there is active fire in the furnance, firebox or fireplace for the purpose of heating the water in the boiler. When the fire is removed, extinguished or effectively banked so that no appreciable heat passes from the fire to the water and all steam and water connections are closed, a boiler shall be deemed to be not in use.Part III – Certificate for Boiler Attendants
8. Classes of certificates and capabilities of holders thereof.
- Certificate of competency granted under these rules shall be of two classes. The certificate of the first class shall qualify the holder thereof to be in charge of a set of connected boilers of any kind or capacity or of so many separate or connected boilers belonging to the same owner as are so situated that no one of them is distant more than 150 feet from any other of them; and a certificate of the second class shall qualify the holder thereof to be in charge of any single separate boiler.9. Exchange certificates.
- Any person in possession of a certificate of competency granted by any competent authority in the Dominion of India or in United Kingdom or in any British Dominion or Colony shall, at the discretion of the Board, be granted a certificate of competency in either of the classes specified in Rule 8 without undergoing examination.The certificate granted under this Rule shall be of such class as the Board of Examiners or majority of the members of the said Board, on consideration of the nature of the certificate in such person's possession, shall determine.10. Service certificates.
- The Board may, in the case of any person who satisfies it that he has served for a period of not less than 10 years as a Boiler Attendant or head fireman in working charge of a set of boilers or that he has served for a period of not less than six years in working charge of a separate boiler prior to the date on which these rules come into force and that he is possessed of competent practical skill for such work, grant to him a certificate of service of the effect that he is qualified to the like extent as the holder of a certificate of competency of the first class or of the second class as the case may be.Such certificate of service shall be signed as in the case of a certificate of competency.A certificate of service so granted shall have the same effect as a certificate of competency granted under these Rules.Part IV – Board of Examiners
11. Constitution of Board of Examiners.
- The Provincial Government shall constitute a Board of Examiners in the town of Dhanbad, or in such other places as may be considered necessary. The Board shall consist of the Chief Inspector, an Inspector nominated by the Chief Inspector, and not less than three other members who should be competent engineers holding responsible posts and having knowledge of Prima Movers and Boilers, to be appointed by the Provincial Government from time to time. The Chief Inspector shall be ex-officio Chairman of the Board, and the Inspector nominated by the Chief Inspector shall be ex-officio Secretary. An ordinary member may at anytime before the expiry of his period of office as laid down in Rule 15, submit his resignation in writing to the Provincial Government and shall thereupon cease to be a member.The Provincial Government shall fill any vacancy thus arising by nomination.12. Term of office of the members.
- The term of office of members other than the ex-officio members of the Board shall be three years. If a member leaves the province or is absent therefrom for a period of more than six months, he may be deemed to have vacated his seat on the Board and another person may be appointed in place of such member for the unexpired portion of such member's term.13. Function of the Board.
- The function of the Board shall be-14. Meeting of the Board.
- The Board shall meet once in three months and at such other times as may in the opinion of the Secretary be necessary for transacting business, which cannot be disposed of by circulation of papers, for the grant of certificates without examination or for holding of examination or for the performance of any other duty of such Board. At least seven clear days' notice of all such meetings shall be sent to each member.15. Quorum.
- The Chairman or the Secretary and three members of the Board shall form a quorum.16. Chairman of the Board.
- The Chairman shall preside over all meetings of the Board and give a casting vote in case of equality of votes and in his absence, a member chosen by the members present at the meeting shall preside over the meeting and give a casting vote in case of equality of votes.17. Secretary of the Board.
- The Secretary to the Board shall perform such duties and exercise such powers in addition to those specified in these Rules, as the Board of Examiners may direct.18. Board's endorsement on application form.
- The Board shall endorse on the printed application form of each candidate the result of his examination for a certificate of competency of its decision in regard to applications for certificates under rules 9 and 10. The endorsed applications for certificates of competency shall be returned to the Secretary to the Board at the close of the examination.19. Board empowered to refuse issue of certificate.
- The Board is empowered to refuse the issue of a certificate of competency or service to any candidate who in the opinion of the majority of the members of such Board appears to be too old or physically unfit through deformity, constitutional weakness, bad eyesight, deafness or loss of a limb to perform properly the duties of a Boiler Attendant.Any such candidate may appeal to the Provincial Government against any decision of the Board under this Rule and the Provincial Government may send the candidate at his own cost to such medical authority as it may determine for medical examination and the Board shall either issue or refuse a certificate in accordance with the opinion of such medical authority.20. Fees to Members.
- Each member of the Board attending the examination shall be entitled to receive a fee of Rs. 30 for each meeting of the Board. The ex-officio Chairman and the ex-officio Secretary will also be entitled to the fees payable to the members of the Board if they attend the examination.Part V – Examination
21. Examination.
- The examination for the grant of certificates of competency shall be held by the Board at such places and on such dates as may be notified by the Secretary to such Board from time to time in the Bihar Gazette and local papers.22. Kinds of examination.
- Examinations shall be of two kinds, one for each class of certificate of competency which the Board is empowered to grant under these Rules, namely, certificates of competency as first class Boiler Attendant and certificates of competency as second class Boiler Attendant.23. Postponement of examination.
- When a gazetted holiday falls on the date fixed for the examination or when for any unforeseen reason an examination cannot be held on the date fixed, the Chairman may fix some other day for holding the examination, which shall be duly notified, to the candidates for examination.24. Clerical Assistance at examination.
- Every examination shall be attended by one or more clerks from the office of the Chairman of the Board, who shall do such clerical work as may be necessary for which no honorarium will be paid.Part VI – Application for Examination
25. [ Form of application. [Substituted by Amendment No. II/B1103/66 L & E-6324-dated, 28th June, 1966. Published in the Bihar Gazette Part II dated August, 1966.]
- Every applicant for examination under these Rules shall make application in Form A, appended to these Rules. He shall fill in those parts of the form that are to be filled in by a candidate and either sign or put his thumb impression on the form in the presence of a Gazetted Officer or an Honorary Magistrate who shall append his signature in token of attestation, and the application so filled in shall be forwarded to the office of the Chairman of the Board of Examiner not later than one month before the date fixed for the examination, and be accompanied by-26. Fees for examination.
- Candidates for examination for certificate of competency shall pay the following fees which shall not be returnable:-| Examination for 1st class certificate | ... | ... | Rs. 15 |
| Examination for 2nd class certificate | ... | ... | Rs. 10 |
27. Refund of fees.
- Candidates once admitted to an examination under these Rules shall not be entitled to any refund of fees if they fail to pass or proceed with the examination. Where a candidate is unavoidably absent from the examination on the date fixed, the Chairman of the Board may allow him to appear without payment of a second-fee at any one of the subsequent examinations held within one year of such first examination.28. Fees of candidates found ineligible.
- Candidates found ineligible for any examination may be allowed to appear without payment of a second fee at any one of the subsequent examinations held within one year from the date of payment of fee for which they might be eligible, or they may apply, within one year from the date of payment, for a refund of the fee.Part VII – Testimonials
29. Candidates to produce satisfactory testimonials.
- No candidate shall be admitted to examination who cannot produce satisfactory testimonials certifying to his experience, ability, sobriety and general good conduct for the whole period of his qualifying service. Breaks in the period of qualifying service shall be accounted for satisfactorily.30. Essential Statements.
- Testimonials shall clearly state the capacity in which the candidate was employed, whether as Boiler Attendant, Head Fireman, Donkeyman or Fireman and show the dates between which the candidate was so employed.31. Signature and countersignature.
- Testimonials shall be signed by the Engineer under whom the candidate was employed, or, if not employed under an Engineer, by a responsible person under whom he worked and shall be countersigned by the Owner, Agent, Manager or Secretary of the mill or factory or workshop as the case may be.32. Sea service.
- Testimonials for service on steamships 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.33. Railway or Public Works Department service.
- Testimonials of service on Railway Boilers, 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.34. Doubtful testimonials.
- If the Secretary to the Board has reason to doubt the truth of any statement made in any application or testimonials, he may make such inquiries as he thinks fit to verify the truth.35. False testimonials.
- If on inquiry the Secretary is satisfied that any testimonial submitted by a candidate is false, he shall place all the facts before the Board and with the approval of the Board he shall by written order debar such candidate from being admitted to any subsequent examination held under these Rules and if upon submission of any such testimonial a candidate has already been admitted to examination, he shall be deemed to have failed in such examination and any certificate obtained by him by reason of having been declared to have passed such examination shall be forthwith cancelled by the Secretary.36. Filing of copies, and return of original testimonials.
- Applications and copies of testimonials submitted by candidates shall be filed in the office of the Secretary to the Board. Original testimonials shall be returned to the candidates at the close of the examination.Part VIII – Age and Training
37. Age and training of second class candidates.
- A candidate for a certificate of competency as a Boiler Attendant of the second class shall not be under twenty-one years of age and shall not be admitted to the examination unless he proves to the satisfaction of the Board that he -38. Service as engine-fitter.
- Service as engine-fitter means journeyman's service in making or repairing steam engines or accessories. Such service may include service as a turner, if employed on the same kind of work, but not more than one-half of the qualifying period shall be allowed for time spent as a turner in making up the total journeyman's service.39. Service as an apprentice engineer.
- Service as an apprentice engineer means the regular performance of such duties in a workshop where steam engines or accessories are made or repaired as will enable a person to obtain under efficient supervision a practical knowledge of the various operations in the making or repairing of steam engines and to acquire practical experience in the use of tools and in the making and fitting together of parts of machinery.40. 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 under twenty-three years of age and shall not be admitted to the examination unless he possesses or proves to the satisfaction of the Board that he has received such training as is required under Rule 37 in the case of a candidate for a certificate of the second class and possesses or is able to claim a certificate of competency of the second class and in addition thereto -41. Service not in strict conformity with rules.
- In any case in service of a candidate does not strictly comply with anyone of the clauses specified under Rules 37 and 40 but is not less than the total period required under either Rule, the Board may, if it thinks fit, accept such service on its merits.Part IX – Examination Subject
42. Second class Boiler Attendant.
- A candidate, in order to be qualified for certificate of competency of the second class, shall satisfy the examiners that-43. First class Boiler Attendant.
- A candidate, in order to be qualified for certificate of competency of the first class, shall satisfy the Examiners that in addition to the subjects specified for candidates for certificate 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 some extent to explain-Part X – Mode of Examination
44. Nature of Examination.
- Every examination shall be of such a nature as to test the practical knowledge of the candidate and to ascertain his competency to manage a boiler or boilers.45. 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.46. Examination where held.
- If the Board consider necessary the examination may be held either in a factory, mill or workshop in which boilers are used or partly in such factory, mill or workshop and partly in the examination room.47. Practical test essential.
- Every candidate must be able to demonstrate on an actual boiler or fitting or model his ability to perform any or all of the practical tests referred to in clause (b) of Rule 42.48. Hours of examination.
- Examinations shall be conducted in the examination room between the hours of 11 A.M. and 5 P.M. unless otherwise notified by the Secretary to the Board.Part XI – Grant of Certificates
49. Form of certificate.
- Certificates of competency, certificates under Rule 9 and certificates under Rule 10 shall, respectively be in Forms B, C and D appended to these Rules.50. Surrender of lower grade certificate.
- No certificate of competency of the first class shall be granted to the holder of a certificate of the second class after examination under these Rules unless and until he has surrendered to the Secretary to the Board the certificate of the lower grade.51. Exchange certificate.
- An exchange certificate of competency under Rule 9 shall be granted only in respect of and on production of a certificate issued by a competent authority referred to in that Rule. The facts of the exchange certificate having been granted, shall be endorsed on the original qualifying certificate before its return to the owner.52. Identification requirements.
- Every certificate granted under these Rules shall bear a bust photograph of the holder, submitted by the candidate with his application under Rule 25 and his signature, or thumb impression and such other particulars as may be required for the purpose of identification.53. Grant of duplicate certificate.
- Whenever the holder of a certificate proves to the satisfaction of the Secretary to the Board that the certificate granted to him under these Rules has been lost, stolen or destroyed or mutilated without 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.54. Record of duplicate certificate.
- Duplicate certificates granted under Rule 53 shall be recorded in the office of the Chairman of the Board.55. Application for lost certificate.
- Application for duplicate certificates shall be lodged with the Secretary to the Board together with a declaration sworn before an Honorary Magistrate or a Gazetted Officer that the certificate granted under these Rules has been lost, stolen or destroyed or mutilated without fault on the part of the applicant.56. Fees for duplicate certificate.
- Applicants for duplicate certificates of any class or kind granted under these Rules shall pay a fee of Rs. 5 for each duplicate certificate.This fee shall be paid in the same manner and credited under the same head as fees for examination mentioned in Rule 26.57. Invalidity of original certificate.
- On the issue of a duplicate certificate, the original certificate shall be deemed invalid and if found shall be returned to the Secretary to the Board for cancellation.Part XII – Exchange Certificate
58. Application for exchange certificate.
- Applications for certificate of competency under Rule 9 shall be in Form A appended to these Rules. Each applicant shall duly fill in the form, which together with the original certificate already in his possession and a copy of it and a challan or money-order receipt for the amount of the fee specified in Rule 59, shall be lodged with the Secretary to the Board at least 10 days before any meeting of such Board:Provided that where the Secretary is satisfied that delay in the issue of a certificate would cause hardship and is not due to the applicant's negligence, and that the applicant is entitled to the class of certificate applied for, the Secretary may grant him a provisional certificate of the class he is entitled to, pending the next meeting of the Board and the provisional certificate so granted shall be deemed invalid after the next meeting of that Board.59. Fee for exchange certificate.
- Applicants for certificate of competency under Rule 9 shall pay a fee of Rs. 5 for each certificate irrespective of class.Part XIII – Certificate of Service
60. Application for certificate of service.
- Applications for certificate of service under Rule 10 shall be in Form A, appended to these Rules. Each applicant shall duly fill in the form which together with his testimonials and their copies and a challan or money-order receipt for the amount of the fee specified in Rule 63, shall be lodged with the Secretary to the Board at least 10 days before any meeting of such Board:Provided that the Secretary may on the grounds referred to in the proviso to Rule 58 grant him a provisional certificate of the class he is entitled to, pending the next meeting of the Board and the provisional certificate so granted shall be deemed invalid after the next meeting of the Board.61. Candidates practical skill may be tested.
- If on scrutiny of the testimonials of an applicant for a certificate of service under Rule 10, the Board has doubts about the competency of the applicant for the charge and management of a boiler, or if it is necessary to determine the class of certificate for which he is qualified, the Board may subject the applicant to such practical examination as it deems fit.62.
The Board may at its discretion grant a certificate of service in such form as the Board may think fit to a person as a special case to attend a particular boiler only.A certificate of service so granted shall have the same effect as a certificate of competency granted under these Rules.63. Fee for certificate of service.
- Applicants for certificates of service under Rule 10 shall pay a fee of Rs. 5 for each certificate irrespective of class:Provided that any fee so paid by an applicant, who is found to be ineligible for the grant of a certificate by reason of the insufficiency of his testimonials of previous service, may be returned to him in full if application is made by him in that behalf within one year from the date of payment.64. Enquiry regarding certificate-holders and suspension of certificates.
65. Submission of proceedings before the Board.
- The Secretary to the Board shall submit the proceedings sent by the District Magistrate or Chief Inspector of Boilers under sub-rule (4) of Rule 64 before the next meeting of such Board and the Board at its discretion may allow the certificate to stand or may cancel the certificate as it thinks fit.66. Penalties.
- 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 five hundred rupees and in the case of a continuing breach with a further fine which may extend to fifty rupees for everyday after the first during which the breach has continued, after having been ordered to rectify the same.67. Penalties for violation of Rules 4, 5 and 6.
- Any person in charge of a boiler or any other person who shall work the same or permit or cause it to be worked-68. Limitation and previous sanction for prosecution.
- No charge shall be brought against any person of any offence punishable under these Rules except within six months from the date of the commission of the offence and no prosecution shall be instituted without the previous sanction of the Chief Inspector.Registered No...............Form A(See Rules 25, 58 and 60)Indian Boilers Act, 1923 (V of 1923)Application for Boiler Attendants' Certificate of Competency Certificate of ServiceDivision I. - Name, etc. of the applicant| Name in full | Surname if any | Date of birth | Place of birth | Nature of certificate competency exchange orservice | Grade of certificate of competency applied for | Whether appeared in any previous examination | If so, when and where |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
| Number of certificate | Class of certificate of competency | Where issued | Date of issue | If at any time suspended or cancelled, if so,stated by whom | Date | Causes of suspensions or cancellation |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| Number of testimonials (if any) | Date of each testimonial | Name of person signing each testimonials | Address and designation of factory or workshopwhere employed | Number, type and heating surface of boilers | Capacity in which employed |
| 1 | 2 | 3 | 4 | 5 | 6 |
| Service of applicant | Initial of verifier | Remarks | ||||
| Commencement | Date of termination | Time employed in this service. | ||||
| Year | Month | Days | ||||
| 7 | 8 | 9 | 10 | 11 | 12 | 13 |