Rajya Sabha Passes Boilers Bill

Syllabus : GS2/Governance

In News

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

Background of Bill 

• 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: ET