Subject: Evolving Boiler Safety: A Comparative Analysis of the Boilers Act, 1923 and the Boilers Bill, 2024

Evolving Boiler Safety: A Comparative Analysis of the Boilers Act, 1923 and the Boilers Bill, 2024

The Government of India is currently reviewing all pre-constitution Acts to assess their relevance and appropriateness in the contemporary context.

The Boilers Act, 1923 is one such pre-constitution Act that address the safety of life and property in relation to the operation of steam boilers. Given its critical role, it is essential to review the Act’s provisions. Additionally, consideration must be given to introducing the Boilers Bill, 2024, in Parliament.

The Boilers Act of 1923 underwent a significant amendment in 2007 through the Indian Boilers (Amendment) Act, which introduced provisions for examination and assessment by independent third-party authorities. However, upon further examination of the Act, it has become clear that additional revisions are necessary to align it with the objectives of the Jan Vishwas (Amendment of Provisions) Act, 2023.

In response, the Authorities have thoroughly reviewed the Boilers Act. This review has led to the omission of redundant provisions and the introduction of substantial enabling provisions. These changes facilitate the formulation of rules and regulations, which were not previously covered by the Act. Additionally, new definitions have been incorporated, and existing definitions have been amended to provide clearer interpretations and greater precision in the application of the law.

The Boilers Act, 1923 aimed to protect human life and property from the dangers of steam boiler explosions, while also promoting uniformity in the registration, inspection, operation, and maintenance of boilers across India. In contrast, the Boilers Bill, 2024, is designed to provide comprehensive guidelines for boiler operations. The new Bill aims to safeguard life and property from the risks associated with steam boiler explosions, establish uniformity in the registration and inspection processes, and regulate the manufacture, construction, and use of boilers across the country, along with addressing related matters and incidental issues.

Introduction of the New Boilers Bill, 2024

The new Boilers Bill, 2024, has been drafted following modern legislative practices, aiming to provide enhanced clarity in its provisions. Similar provisions scattered across various sections of the Boilers Act, 1923 have been consolidated into six chapters, facilitating easier navigation and comprehension. The roles and powers of the Central Government, State Governments, and the Central Boilers Board have been distinctly outlined to avoid any potential confusion or ambiguity.

In line with the government’s Ease of Doing Business (EoDB) initiative, the Bill is expected to benefit boiler users. This is particularly relevant to those in the MSME sector. Key provisions related to the decriminalization of certain offences have been incorporated. For other offences, the Bill proposes financial penalties instead of criminal sanctions. For all non-criminal offences, the term ‘fine’ has been replaced with ‘penalty’. This penalty will now be imposed through an executive mechanism, rather than judicial proceedings as was previously the case.

Additionally, several new definitions have been introduced, and many existing ones amended, to enhance clarity and precision in interpreting the provisions of the Bill.

Core Components of the Boiler Bill, 2024

1. Definition of Competent Authority: The Bill defines ‘competent authority’ as ‘an institution recognized in such manner as may be specified by regulations, for grant of certificates to the welders for welding of boiler and boiler components.’

2. Punishment for Unauthorized Structural Modifications: Any individual who undertakes structural alterations, additions, or renewals to a boiler without obtaining the requisite authorization from the Chief Inspector shall be subject to punishment. This may include imprisonment for a term not exceeding two years. It may also involve a fine of up to one lakh rupees, or both.

3. Power to Address Implementation Difficulties: The Central Government is empowered to resolve any difficulties encountered in the implementation of the provisions of the Boilers Act, 2024, within a period of three years from the commencement of this Act.

4. Constitution of the Central Boilers Board: The Central Government shall constitute the Central Boilers Board, which will be tasked with regulating the design, manufacture, construction, and use of boilers and related components.

Boilers Act, 1923 vs. Bill, 2024: A Comparative Overview

Aspect

Boilers Act, 1923

Boilers Bill, 2024

Background and Development

Original Purpose: Regulated steam boilers’ use and operation, ensuring worker and public safety from hazards (explosions, failures).

Modern Context: Reflects advancements in industrial technology, stricter environmental regulations, and a focus on environmental sustainability.

Focus: Safety standards regarding the physical operation of boilers.

Focus: Incorporating advanced technologies, complying with environmental regulations, and promoting long-term sustainability in boiler operations.

Technological Improvements

Original Provisions: The Boilers Act did not include technological advancements such as automation, sensors, or real-time monitoring, which are crucial in today’s industrial applications. Focused on physical safety and manual operation.

Technological Integration: Incorporates remote monitoring, Predictive maintenance enabled by data analytics, and automated emergency shutdown systems.

Safety and Design: Focused on boiler design, construction, and safety in boiler operation.

Modern Features: Remote diagnostics, real-time data transmission, and automation in case of malfunctions.

Boiler Configuration, Manufacturing, and Certification

Design Standards: The design standards outlined by the Indian Boiler Regulations (IBR) were broad and required boilers to be inspected both prior to operation and during use.

Enhanced Design Standards: The Bill introduces enhanced design standards with a focus on energy efficiency, emission controls, and the integration of renewable energy sources in boiler design.

Inspection: Government-appointed inspectors conducted periodic inspections for safety compliance.

Digitalization of Inspections: IoT-based sensors for real-time data sharing, smart inspections using AI for early fault detection, and digital submission of designs.

Boiler Inspections and Certification

Traditional Manual Inspections: Traditional boiler inspections were conducted manually by government-appointed inspectors to ensure compliance with safety standards.

Modernized Inspections: Introduces modernized inspections, utilizing IoT and AI-driven technologies for smart inspections and digital certification of control systems and automation technologies.

Safety Standards: Focused on physical safety compliance.

Integration of New Technologies: Certification for new technologies (automation, digital monitoring, etc.), ensuring safe operation via advanced tech.

Boiler Operators and Licensing

Basic Requirements: Required operators to be licensed and trained in boiler operation, safety protocols, and emergency procedures.

Specialized Licensing: Advanced training for operators handling automated systems, remote monitoring, and predictive maintenance.

Operational Focus: Emphasis on manual operation.

Digital and Remote Monitoring: Training for operators in managing automated and remotely monitored systems, understanding digital analytics for predictive maintenance and operational efficiency, and responding to safety alerts.

Environmental and Emissions Standards

Environmental Oversight: Minimal regulation or oversight to emissions or energy efficiency.

Enhanced Environmental Standards: Introduction of strict emissions limits (NOx, CO, SOx), energy-efficient boilers, and incentives for integrating green energy sources (biomass, solar, waste-to-energy).

Operational Focus: Focused on boiler operation safety.

Energy Efficiency and Sustainability: Mandates for high-efficiency condensing boilers and energy recovery systems.

Boiler Accidents and Investigations

Accident Investigations: Focused on manual investigations without digital support.

Advanced Forensics, and Data Sharing: Use of digital forensic tools for accident investigations, enhanced incident data sharing, and defined worker compensation provisions.

Post-Accident Measures: Limited formal mechanisms for industry-wide data sharing.

Comprehensive Safety Mechanisms: Improved safety protocols and enhanced incident data reporting systems that allow real-time information exchange between Improved safety protocols.

Penalties and Compliance

Sanctions for Safety Violations: Focused on safety violations; limited to physical and operational aspects.

Strict Penalties for Modern Violations: Severe penalties for failure to meet emissions standards, implement automated safety features, or ensure digital security for control systems.

Compliance Enforcement: Limited mechanisms to address emerging issues such as digital security and environmental emissions.

Expanded Enforcement: Provisions to enforce new digital, environmental, and safety compliance standards using modern technologies and regulatory bodies.

Conclusion

The Boilers Bill of 2024 represents a significant evolution of the Boilers Act of 1923, modernizing the regulation to meet contemporary technological, environmental, and safety standards. While the core principles of safety, inspection, and maintenance remain unchanged, the 2024 legislation addresses critical issues such as digitalization, environmental sustainability, and enhanced boiler safety measures. These legislative updates respond to the increasing demands from industrial sectors, driven by technological advancements and environmental concerns, which require more advanced and sustainable practices in industrial operations.

Disclaimer

The information provided in this article is intended for general informational purposes only and should not be construed as legal advice. The content of this article is not intended to create and receipt of it does not constitute any relationship. Readers should not act upon this information without seeking professional legal counsel.

About Author

Mr. K. Arulraj is currently working as the Senior Associate Vice President & Head of Legal, with a distinguished career spanning over 27 years in the legal field. He holds a Bachelor's degree in Commerce from the University of Madras, a Diploma in Personnel Management and Industrial Relations with a specialization in Labor Laws, and a Law degree from Bangalore University.