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La Gazette de L' État de Poudouchéry
The Gazette of Puducherry
PART - II
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▪ ➢ 2019 } | 22 { No. 4 Poudouchéry Mardi 2 2 Janvier 2019
No. Puducherry Tuesday 22nd January 2019
(2 Magha 1940)
GOVERNMENT OF PUDUCHERRY
LABOUR DEPARTMENT
(G.O. Ms. No. 145/Lab./2018, Puducherry, dated 18th January 2019)
NOTIFICATION
Whereas, in order to achieve better services in this Union territory
of Puducherry and policies of Government of India, viz., "Make in India"
and "Ease of Doing Business", the Government of Puducherry is in the
process of rationalising and simplifying the various Acts and Rules etc.,
of the Office of the Chief Inspector of Factories and Boilers, Puducherry,
so as to create more conducive environment for industries without
compromising safety and security of workers engaged in the enterprises.
[33] 34 LA GAZETTE DE L'ETAT [PART–II
Currently, the Inspecting Officers of the boiler inspectorate physically
inspect the boiler/economiser and certify the boiler/economiser in
accordance with the provisions of the Boilers Act, 1923 and the Indian
Boiler Regulations, 1950.
Whereas, the Government of Puducherry is fully aware of the
material, design or construction of boilers and is committed for rapid
industrialization in the Union territory of Puducherry, and to achieve this
objective it has become necessary to exempt the boilers/economisers
having heating surface area less than 1000m2, from some provisions of
the Indian Boilers Act, 1923 (No. 5 of 1923) without compromising safety
and security of human life and properties;
Now, therefore, in exercise of the powers conferred by sub-section (3)
of section 34 of the Boilers Act, 1923 (No. 5 of 1923), the Lieutenant-Governor
is hereby pleased to exclude the boilers, having heating surface area less
35
PART–II] LA GAZETTE DE L'ETAT
4. Resolution.— Keeping the above context in view, the Chief
Inspector of Factories and Boilers, Labour Department, Government of
Puducherry has proposed to introduce a new system for enforcement of
the Boilers Act, 1923 with simplification in inspection norms and
certification of boilers. The Government has thus decided to introduce
a "Third Party Inspection Scheme for Boilers and Economisers 2018" for
various boilers/economisers having heating surface area of less than
1000 m2 and which are in use in this Union Territory. This step is intended
to minimize the visits of the Officers to the industries, while at the same
time ensuring compliance with the Boilers Act, 1923 by the owners.
As per section 34 of the Boilers Act, 1923 the State Government has
power to exempt certain provisions of the Act, if, it is satisfied having
regard to the material design or construction of boilers and the need for
the rapid industrialization of the State.
In exercise of these powers, the Government has decided to exclude
36 LA GAZETTE DE L'ETAT [PART–II
(b) The inspection shall be carried out as per the guidelines provided by the Boilers Act, 1923, Indian Boiler Regulations, 1950, and the Puducherry Boilers Rules, 1988 or any other rules/notifications framed by the Central Boiler Board and/or Government of Puducherry or by Government of India from time to time.
(c) Every owner who wishes to opt for above Scheme, shall
follow the procedure as laid down hereunder:-
(I) The owner of boiler/economiser shall be able to engage any third party inspection agency as approved by the Central Boilers Board from time to time or Competent Person as defined under rule 4 (a) of Scheme for the purpose of renewal of the certificate of boiler/economiser. The name and full particulars of such Competent Person who shall be inspecting the boiler for the purpose of the renewal of certificate shall be communicated to the Chief Inspector of Boilers, Puducherry before fifteen days of expiry of current certificate/use of the boiler/economiser. The date fixed for inspection shall be communicated and half the inspection fees (rounded up to next higher ten) prescribed by the regulation 385 (A) of the Indian Boiler Regulations, 1950, shall be submitted along with the application. All such communication should be done preferably by e-mail on official e-mail address of the Chief Inspector of Boilers, with a hard copy marked to Inspector of Boilers. The necessary inspection fees to be paid online and copy of challan to be submitted by e-mail.
(II) The owner should prepare the boiler/economiser for inspection as per regulation 376 and 524 respectively of Indian Boiler Regulations and the Competent Person should carry out the inspection as per procedure prescribed in regulation 390 of the Indian Boiler Regulations, 1950.
(III) If, the Competent Person is satisfied that the boiler/ economiser is in good condition, then he shall inform the owner accordingly and shall instruct the owner to prepare the boiler/economiser for hydraulic test as per regulation 378
of the Indian Boiler Regulations, 1950.
37
PART–II] LA GAZETTE DE L'ETAT
(IV) After necessary preparation for hydraulic test of boiler/
economiser, the Competent Person shall carry out the
hydraulic test as per regulation 379 and 527 respectively
of the Indian Boiler Regulations, 1950.
(V) If, hydraulic test found satisfactory, the Competent
Person shall issue the boiler owner a certificate
authorising the use of boiler/economiser in form VI/XI
provided by the Indian Boiler Regulations, 1950.
(VI) Within two days the owner shall communicate in writing
the report of inspection, hydraulic test or of both and
Annexure-IV appended herewith and a copy of certificate
in Form-VI/XI issued by the Competent Person to the
Chief Inspector of Boilers, Puducherry. On receipt of such
reports, Inspector of Boilers shall make entries in the
records of inspection in Form-I (Memorandum of
Inspection Book).
(VII) If, the Competent Person is not satisfied with the
inspection and is in his opinion, boiler/economiser is in
defective condition, then the Competent Person should
immediately communicate in writing to the owner of the
boiler about the defect in boiler/economiser and shall
suggest necessary repairs to the boiler/economiser.
On receipt of such report, the boiler/economiser owner
shall, within one day communicate to the Chief Inspector
of Boilers, Puducherry that the boiler/economiser is
defective and shall not be used till completion of
necessary repairs. After receipt of the detailed report from
Competent Person, the owner shall apply to the Chief
Inspector of Boilers, Puducherry for necessary
permission for the repairs, along with inspection report
issued by the Competent Person and by communicating
the name of approved boiler repairer who shall be
carrying out necessary repairs to the boiler/economiser.
The competent person shall also mark a copy of the
report to the Chief Inspector of Boilers, Puducherry.
38 LA GAZETTE DE L'ETAT [PART–II
(VIII) During repairs of the boiler, the owner shall submit
necessary stage inspection reports with requisite test
certificates of the new materials being used in the repairs
from time to time to the Chief Inspector of Boilers,
Puducherry. After completion of repairs boiler/economiser
shall be subjected to hydraulic test as per regulation.
If, satisfactory, owner should submit the report as per
Annexure-IV along with copy of certificate in Form-VI/XI
issued by the Competent Person, within two days.
(IX) The boiler/economiser shall be stopped immediately,
if any accident/leakage occurs through pressure parts of
boiler or boiler components attached to it and inform the
same to the Chief Inspector of Boilers, Puducherry, within
twenty four hours. In such case, the certificate issued in
Form-VI/XI shall be revoked/ suspended. The boiler shall
be necessarily inspected by the Inspector of Boilers,
Puducherry after payment of full inspection fees as
prescribed by the regulations and necessary remedial
measures and repairs shall be suggested. The owner shall
carry out the repairs by engaging the services of
approved boiler repairer and shall communicate the name
of approved boiler repairer who shall be carrying out
necessary repairs to the boiler/economiser. After
completion of repairs boiler/economiser shall be subjected
to hydraulic test by engaging the Competent Person
other than the one who certified earlier and will follow the
procedure given by point No. VIII. After necessary
compliance of repairs, etc., to pressure parts of boiler/
economiser or boiler components in the prescribed
manner, certification in Form-VI/XI shall be issued by the
Competent Person.
(X) It, however, is abundantly clarified here for the benefit of
all the concerned that the safety under the Boilers Act,
1923 is at apex, and it will be the responsibility of the
owner to follow and ensure that the provisions of the
Act, Rules and Regulations framed under the Act for safe 39
PART–II] LA GAZETTE DE L'ETAT
operation of boiler are scrupulously complied with. The
owner will also be responsible for any violation of any of
the provisions of the Boilers Act, 1923. In addition, any
owner who violates, misuses the provisions of the Third
Party Inspection Scheme shall be liable for fine which
may extend up to ` 1,00,000 (Rupees one lakh only) and
other proceedings as prescribed in the Act.
(XI) The Third Party Inspection Scheme is optional for the
owners. The owner may continue to avail the services of
office of Chief Inspector of Boilers, Puducherry.
5. Procedure for Inspection under the Scheme.— (a) 20% of the
boilers /economisers covered under the Scheme shall be selected
randomly to ascertain the working condition of boiler during a year.
The Boilers/Economisers randomly selected every year shall be
inspected only once in the five years to verify implementation of the
Boilers Act, 1923 under the Scheme. The Boilers/Economisers inspected
once during 5 years period will not be inspected again during remaining
period of 5 years unless any complaint is received by the Chief Inspector
of Boilers, Puducherry in this respect. If, violations are detected during
the course of inspection, it will be processed as per the provisions of the
Boilers Act, 1923.
(b) Visits for inspections for enquiry into complaints shall be
made by Inspector of Boilers or Deputy Chief Inspector of Boilers only
on specific authorization by the Chief Inspector of Boilers, Puducherry.
6. Exception.— The Scheme shall not cover any inspections/visits
made by the Inspectors of Office of the Chief Inspector of Boilers,
Puducherry for the purpose of conducting enquiry into accident,
dangerous occurrence. Also, this Scheme shall only apply to Boilers/
Economisers registered under the Scheme in the Union territory of
Puducherry.
(By order of the Lieutenant-Governor)
E. VALLAVAN,
Additional Secretary to Government (Labour).
40 LA GAZETTE DE L'ETAT [PART–II
ANNEXURE-I
APPLICATION FORM
From,
M/s.
To,
The Chief Inspector of Boilers, Office of the Chief Inspector of Factories and Boilers, Labour Department, Puducherry-605 009.
Sub. : Application for registration to be covered under Third Party Inspection Scheme under the Boilers Act, 1923, as per the terms and conditions of the Scheme.
Ref. : Government of Puducherry, Labour Department, G.O. Ms. No. ......................, dated ......................... regarding Third Party Inspection Scheme for Boilers and Economisers, 2018.
Sir,
I/We have gone through the abovesaid Scheme and have understood the same. I/We wish to be covered under the said Scheme. As such I/we request you to kindly issue me/us necessary registration under the same. The necessary information and other documents, as required under the Scheme are enclosed. I/We undertake to abide by all terms and conditions of the Scheme. It is also certified that I/We am/are owner of the boiler/economiser and are competent and duly authorized to make any statement or provide any information to any Central /State Government, on behalf of this Factory/Establishment name .................. .
Kindly issue the necessary approval at the earliest. I/We shall
submit Annexure-II and III duly filled and signed in time.
Yours faithfully,
Place :
Date :
(Name and Address of the Owner with seal)
Encl.: 1. Annexure-II [List of documents]
2. Annexure-III (undertaking) 3. Copy of last Certificate of the boiler/economiser.
41
PART–II] LA GAZETTE DE L'ETAT
ANNEXURE-II
LIST OF DOCUMENTS TO BE ATTACHED WITH ANNEXURE-I
1. Status of the Factory/Establishment : [ C o m p a n y / F i r m / S h o p / O t h e r s . please specify].
2. N a t u r e o f wo r k o f t h e F a c t o r i e s / : Establishment [What work/business, it is carried out].
3. Registry Number of Boiler/Economiser :
under the Boilers Act, 1923.
4. List of raw materials used and end : p r o d uc ts , i f, t he fa ct o r y is a manufacturing or processing unit.
5. Details of e-challan paid online :
6. Name and address of the Establishment/ : Factory with telephone/mobile/fax. Nos. and e-mail address, if any.*
7. Name and residential address of the : Owner with telephone/mobile/fax. Nos. and email address, if any.
8. Name and residential address of the : Competent Person/BOE with Certificate No., date and issuing authority/Nativity Certificate and Experience Certificate for BOE's/telephone/mobile/fax Nos. and e-mail address, if any.
9. Name and certificate details of Boiler :
Attendants' presently working at the Boiler/ Economiser.
10. Nature of Industry/Activities :
*Note:- Any communication send to this address shall be final unless the change is not communicated to Office of the Chief Inspector of Factories and Boilers, Puducherry.
Signature of the Owner
(Name and signature of authorized signatory along with the Company Stamp) 42 LA GAZETTE DE L'ETAT [PART–II
ANNEXURE-III
UNDERTAKING
(To be filled by the Owner)
Self attested
Photo of Owner
Size: 50 x 60 mm
I/We Shri/Ms. .............................................. son/daughter/wife of Shri/Ms. ..................................... of residing at ........................................ is/ are the Owner of Boiler/Economiser located at M/s. .................................. (Complete name and address of establishment/factory where the boiler is installed), hereby apply for Third Party Inspection Scheme for Boilers and Economisers, 2018 for boiler/economiser having registration No. ..................... under the Boilers Act, 1923 and state as under:-
1. That I/We have applied for grant of coverage of boiler/ economiser having Registration No. .................... situated at ....................... (Complete name and address of establishment/factory where the boiler is installed) under the "Third Party Inspection Scheme for Boilers and Economisers, 2018" notified by Labour Department, Government of Puducherry vide notification No. ....................., dated ................. .
2. That I/We have gone through the Scheme and have fully understood the contents of the Scheme and undertake to abide by the same.
3. That it is declared that I/We am/are complying and will continue to comply with all provisions of Boilers Act, 1923, Rules and Regulations made thereunder. In case of any violation of the said Act will make us liable for the penalty or their legal provisions as per the existing legal frame work in this regard.
Signature of the Owner
Place : (Name and signature of authorized signatory Date : along with the company Stamp) 43
PART–II] LA GAZETTE DE L'ETAT
ANNEXURE-IV
FORM TO BE SUBMITTED BY OWNER FOR COMPLIANCE
OF THE BOILERS ACT, 1923
UNDER THIRD PARTY INSPECTION SCHEME
I/We Mr/Mrs/Miss ............................................ hereby, certify that I/We am/are the Owner of the Boiler/Economiser, whose identification and general details are as follows-
I/We hereby certify that my/our Boiler/Economiser have fully and correctly complied with all the provisions under the Scheme and .the status of compliance of following the Boilers Act, 1923 and annual return of my/our Boiler/Economiser, during the year ........................... is as under:
1. Boiler/Economiser Registration number :
2. Name of Establishment/Factory, its :
postal address and location.
3. Name and address of the Owner along : with e-mail ID, telephone and mobile number.
4. N a m e / C B B Au t h o r i z a t i o n N o . o f :
C o m p e t e n t P e r s o n / N a m e o f t h e Certified Boiler Operation Engineer along with certificate.
5. Name and address of the Third Party : Inspection Agency/Certified Boiler Operation Engineer.
6. Details of repairs carried :
7. Nature of business, industry or trade : o r o c c u p a t i o n c a r r i e d o n b y t h e employer.
8. Employer's No. under ESI/EPF/PAN :
Card No., if any.
9. Details of fees paid (Challan, amount, :
date of payment).
Signature of the Owner
Place : Date : (Name and Address of the Owner with seal)
End.: Copy of certificate issued by Competent Person
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