Parliament Winter Session 2024: A bill to replace the Boilers Act, 1923 and to remove obsolete provisions to enhance the ease of doing business was passed by Rajya Sabha on Wednesday (December 4). The Boilers Bill, 2024, seeks to repeal the century-old Boilers Act. It was moved for consideration and passing by Commerce and Industry Minister Piyush Goyal.
The bill, which aims to decriminalise seven offences and promote ease of doing business, was cleared in the Upper House by a voice vote. The bill has provisions to ensure the safety of persons working inside a boiler and it also provides that the repair of boilers should be undertaken by qualified and competent persons.
'Boilers Bill' is safe for India: Piyush Goyal
Piloting the bill, Minister for Commerce and Industry Piyush Goyal said several colonial-era laws were prevalent across sectors in the country and the proposed legislation seeks to do away with the colonial mind-set. The government is revisiting pre-1947 laws to make any required changes, he added.
"This Boilers Bill in a way makes the country safe. We need the Boilers Bill to ensure safety, it mandates that competent and qualified people inspect boilers," said the minister.
He observed that the Bill has clear accountability provisions and a transparent regulatory mechanism.
"We thought it was necessary to amend The Boilers Act of 1923 which was comprehensively amended in 2007," Goyal said, adding that the amendment of 2007 took 35 long years to be brought to fruition.
"In the Monsoon session of 2000, it (the Boilers Bill) was introduced in Parliament. It was the National Democratic Alliance (NDA) government in power and he (Vajpayee) introduced it in Rajya Sabha," Goyal added.
"I was amazed by the speeches I heard in Parliament today. They (Congress) did not have the guts to bring it in Parliament," said Goyal.
Trying to streamline processes all over India: Commerce Minister Goyal
"The Prime Minister thought of moving forward with a new vision and shed slavery, he decided to revisit all the laws and bring them at par with today's demands," said the minister.
"We are trying to streamline the processes, certification has been made easier and more democratised all over the country, operations are made easier so that industry does not have to suffer from officialdom," Goyal said.
None of the rights of states has been taken away with today's law, the minister assured the members. Every right of the state that prevailed in 2007 at the time of the UPA brought in the amendment, which not just included Congress but also Trinamool Congress and others, every right of the states remains as it is.
"Ironically, today we are suggested by many MPs that we have taken away the rights of states though our government talks of cooperative federalism. Every right of the state remains as it is," he said.
Referring to the recent assembly polls, the public is continuously giving the message of cooperative federalism be it in Haryana or Maharashtra, Goyal said.
Opposition MPs raise questions on Boilers Bill in Parliament
Opposition members in Rajya Sabha said provisions of the Boilers Bill 2024 are not in sync with the current requirements around environment, safety and security and will also adversely impact the rights of states.
NCP (SCP) member Fauzia Khan said that on the occasion of the 40th anniversary of the Bhopal Gas Tragedy, there should be legislation that gives due diligence to routine inspections of boilers and ensure adequate quality checks. She questioned the logic behind allowing third-party audits that will enable private parties to certify the safety of boilers.
CPI (M) Member John Brittas said that this Bill has no substance and it will add to the smog from which people are suffering in Delhi.
Here are highlights of Boilers Bill
- The Boilers Bill, 2024 seeks to replace the Boilers Act, 1923. It retains most of the provisions of the Boilers Act, 1923.
- Boiler manufacturers must get design of boilers and boiler components certified. Manufacturing and erection of a boiler will be subject to inspection and certification.
- Boiler must be registered before starting operation, and registration must be renewed for continued operation. Alterations and repair can be undertaken only after obtaining prior approval. All accidents must be reported within 24 hours.
- For issuing certificates, state government will appoint Inspectors. Certain third parties may also be authorised to undertake inspection. The central government will constitute the Central Boilers Board to frame regulations.
Key issues and analysis about Boilers Bill, 2024
- The need for a separate law for regulating boilers is not clear. Countries such as United Kingdom and South Africa have repealed laws specific to boilers and instead regulate boilers under broader law on occupational health and safety.
- The Bill empowers the state government to exempt an area from the application of the Bill. This raises the question whether safety may be ensured where a blanket exemption is provided.
- The Bill disallows judicial recourse against the decisions of the central government, and inspectors appointed by the state government. The only option available to aggrieved individuals will be to file a writ petition in the High Court.
- The Bill empowers Inspectors to enter premises. However, it does not specify safeguards against such actions.
What are the key advantages of 'Boilers Bill'?
- For Ease of Doing Business (EoDB) and according to an earlier statement by the commerce ministry, the Boilers Bill, 2024 will benefit boiler users including those in the Ministry of Micro, Small and Medium Enterprises (MSME) sector as provisions related to the decriminalisation have been incorporated in the bill.
- Out of the seven offences, to ensure the safety of boilers and personnel, in four major offences which may result in loss of life and property, criminal penalties are retained.
- For other offences, a provision is being made for a financial penalty. For all non-criminal offences, fine have been converted into penalty to be levied through executive mechanism instead of courts as previously.
- The similar provisions which are at different places in the Boilers Act, 1923 have been grouped together in six chapters for easier reading and understanding of the Act. The Union Cabinet had cleared the bill on August 2, 2024.
Know more about 'The Boilers Bill 2024'
The Boilers Act, 1923 was comprehensively amended in 2007 by the Indian Boilers (Amendment) Act, 2007 wherein inspection and certification by independent third party inspecting authorities was introduced. However, on further examination of the existing Act, a need has been felt for review of the Act and also to incorporate the decriminalised provisions in consonance with the Jan Vishwas (Amendment of Provisions) Act, 2023.
The existing Act has, accordingly, been reviewed wherein obsolete provisions have been omitted and certain substantive enabling provisions have been made for the rules and regulations which were not earlier provided. Certain new definitions have also been incorporated and few existing definitions have been amended so as to give more clarity to the provisions of the Bill. Officials said that the bill has been drafted as per modern drafting practices to give more clarity to the provisions.
Similar provisions which are at different places in the Boilers Act,1923 have been grouped together in six chapters for easier reading and understanding of the Act. All the functions and powers of the Central Government, State Governments and Central Boilers Board have been enumerated in detail to avoid any confusion.
