Rajya Sabha clears bill to replace 100 years old Boiler Act
Cleared the Boilers Bill, 2024, replacing the century-old Boilers Act, 1923. Aimed at ensuring safety and ease of doing business, the bill decriminalises seven offences while retaining criminal penalties for four major violations risking life and property. It mandates qualified personnel for boiler repairs and simplifies compliance by converting fines to executive penalties
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New Delhi: The Rajya Sabha on Wednesday cleared a bill to provide for the regulation of boilers, safety of life and property of persons from the danger of explosions of steam-boilers and uniformity in registration. The Boilers Bill, 2024, seeks to repeal the century-old Boilers Act, 1923. 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 also has provisions to ensure the safety of persons working inside a boiler. It also provides that repair of boilers should be undertaken by qualified and competent persons.
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 towards 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 NDA government in power and he (Vajpayee) introduced it in Rajya Sabha," Goyal said.
He also said the government plans to celebrate the 100 years birth centenary of Atal Behari Vajpayee from December 25. "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. "The Prime Minister's 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. "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. 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. 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 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 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.
According to an earlier statement by the commerce ministry, the Boilers Bill, 2024 will benefit users including those in the MSME sector as provisions related to decriminalisation have been incorporated in the Bill, and promote ease of doing business. 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' has been converted into 'penalty' to be levied through executive mechanism instead of courts as existed earlier. 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 this year.
