[33]

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.

Registered with the Registrar

of Newspapers for India under

No. 10410

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La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

PART - II

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EXTRAORDINAIRE

EXTRAORDINARY

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2019 } | 22 {

No.

Poudouchéry Mardi

Janvier

2019

No.

Puducherry

Tuesday

22nd

January

2019

(2 Magha 1940)

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

than 1000m² and for exempting such boilers/economisers, is proposing

the introduction of the Third Party Inspection Scheme for Boilers and

Economisers, 2018, namely:-

Third Party Inspection Scheme for Boilers and Economisers, 2018

1. Title and commencement.— (1) This Scheme may be called the

“Third Party Inspection Scheme for Boilers and Economisers 2018”.

(2) It shall come into force from the date of its notification in the

Official Gazette.

2. Objective.— The objective of this Scheme is to reduce visits of

the Inspecting Officers of the Chief Inspectorate of Boilers for inspection

of those boilers, which opt for this Scheme without compromising the

safety and security of human life and properties.

3. Application and Scope of the Scheme.— This Scheme of

“Third Party Inspection Scheme for Boilers and Economisers 2018”

is open to all the boilers/economisers having heating surface area of less

than 1000m² and will apply only to those owners, who opt to join the

Scheme by making written application for the same as specified in

Annexure-I and II with a self-declaration as given in Annexure-III.

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

the boilers/economisers having heating surface area less than 1000m²

from the operation of the provisions of sub-section (c) of section 6,

sub-section (3), (4), (5) and (6) of section-8, section-10, sub-section-1 (a)

and 1(b) of section-19, 20, 21 of this Act subject to the conditions and

restrictions specified as under:

(a) The boiler/economiser covered under Third Party Inspection

Scheme shall be inspected every year in case of boilers and every two

year in case of economisers by engaging a Competent Person from Third

Party Inspection Agency as defined under section 2 (cb) of the Boiler

Act, 1923. Further, for the purpose of granting a certificate under this

Scheme, a “Competent Person” also means a person, not more than

65 years of age, a native of Union territory of Puducherry and who is a

Boiler Operation Engineer (BOE) recognised as per the Boiler Operation

Engineers’ Rules, 2011 and who has a degree in Mechanical or Production

or Power Plant or Metallurgical Engineering from a recognized University

and having an experience of atleast five years in maintenance/operation

of boilers after completing BOE. Such Competent Persons should not be

under the direct employment of the owner of boiler.

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.

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.

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.

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

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).

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.

Place :

Yours faithfully,

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.

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. Nature of work of the Factories/ :

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 :

products, if, the factory 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)

LA GAZETTE DE L'ETAT

[PART–II

ANNEXURE-III

UNDERTAKING

(To be filled by the Owner)

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)

Self attested

Photo of Owner

Size: 50 x 60 mm

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. Name/CBB Authorization No. of :

Co mpetent Perso n/Name o f the

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 :

or occupation carried on by the

employer.

8. Employer’s No. under ESI/EPF/PAN :

Card No., if any.

9. Details of fees paid (Challan, amount, :

date of payment).

Place :

Signature of the Owner

Date

(Name and Address of the Owner with seal)

End.: Copy of certificate issued by Competent Person

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