Boilers and Pressure Vessels Act, 2016.
Download FeedBack| Department: | Industries, Commerce and Technical Education Department | |||||||||||||||||||||
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| Main Category: | Acts | |||||||||||||||||||||
| Specific Category Name: | To Regulate Boilers and Vessels | |||||||||||||||||||||
| Year | 2016 | |||||||||||||||||||||
| Promulgation Date: | 19-12-2016 | |||||||||||||||||||||
| Details: | THE
KHYBER PAKHTUNKHWA BOILERS AND PRESSURE
VESSELS ACT, 2016. (KHYBER
PAKHTUNKHWA ACT NO. XXXI OF 2016) CONTENTS PREAMBLE SECTIONS 1. Short title, extent and commencement. 2. Definitions. 3. Limitation of application of this Act. 4. Power to limit extent. 5. Khyber Pakhtunkhwa Boilers and Pressure
Vessels Safety Board. 6. Meetings and quorum of the Board. 7. Appointment of Chief Inspector, Deputy
Chief Inspector and Inspector. 8. Prohibition of use of unregistered or
un-certificated boilers. 9. Registration. 10. Cessation and Renewal of registration
certificate. 11. Use of boiler pending grant of
registration certificate. 12. Revocation of registration certificate or
provisional order. 13. Alterations and renewals to boilers. 14. Duty of owner at examination. 15. Production of registration certificate,
etc. 16. Powers of entry. 17. Report of accidents. 18. Appeal to the Board. 19. Finality of orders. 20. Minor penalties. 21. Penalties for illegal use of boiler. 22. Other penalties. 23. Penalty for tempering with registration. 24. Limitation and previous sanction for
prosecution. 25. Trial of offence. 26. Power to make rules. 27. Power to make regulations. 28. Penalty for breach of rules or
regulations. 29. Previous publication of rules or
regulations. 30. Recovery of fees, etc. 31. Power to suspend in case of emergency. 32. Insurance of boilers. 33. Repeal and saving. THE
KHYBER PAKHTUNKHWA BOILERS AND PRESSURE
VESSELS ACT, 2016. (KHYBER
PAKHTUNKHWA ACT NO. XXXI OF 2016) [First published
after having received the assent of the Governor of the Khyber Pakhtunkhwa in the Gazette of Khyber Pakhtunkhwa (Extraordinary),dated
the 19th December, 2016]. AN ACT to regulate
boilers and pressure vessels in the Province of the Khyber Pakhtunkhwa WHEREAS it is expedient to regulate
boilers and pressure vessels in the Province of the Khyber Pakhtunkhwa; It is hereby enacted as follows: 1.
Short
title, extent and commencement.--- (1) This Act may be called the Khyber
Pakhtunkhwa Boilers and Pressure Vessels Act, 2016. (2) It
extends to the whole Province of Khyber Pakhtunkhwa. (3) It
shall come into force at once. 2.
Definitions.---In this Act,
unless there is anything repugnant in
the subject or context,- (a)
“accident” means an explosion of
a boiler or any part thereof which results to weaken the structural strength
and render it due for further certification; (b)
“Board” means the Khyber
Pakhtunkhwa Boilers and Pressure Vessels Safety Board established and
constituted under section 5; (c)
“boiler” means any closed vessel
exceeding twenty-five litres in capacity in which water is heated, steam is
generated and superheated or a combination thereof under pressure, for external
use by the application of heat from combustible fuels, electricity or external
thermal energy and includes any mountings or other fittings attached to such
vessel which are wholly or partly under pressure when steam is shut off by
isolating valve mounted on steam generation equipment; (d)
“Chief Inspector, Deputy Chief
Inspector and Inspector” means respectively, to be a Chief Inspector, Deputy
Chief Inspector and Inspector appointed under section 7 of this Act; (e)
“design specification” means the
specifications or standard as specified in the codes referred to in clause (i)
of this section to which a boiler shall be designed or manufactured and
examined; (f)
“economizer” means any part of
heat exchange surface that is wholly or partially exposed to the flue gases for
the purpose of recovery of waste heat; (g)
“Government” means the Government
of the Khyber Pakhtunkhwa; (h)
“Inspection Authority” means the
Organization other than manufacturer and user, approved by the Board authorized
to carry out inspection during manufacturing; (i)
“manufacturer” means the company
or firm recognized by the Board, competent to manufacture complete or in parts,
a boiler or fitting and completes the product and is responsible for the
product according to any one of the following codes, namely: (i)
Pakistan Boilers Regulations; (ii)
ASME (American Society of
Mechanical Engineers); (iii)
BS (British Standard); (iv)
TRD (Technical Requirements
Documents); (v)
JIS (Japanese Industrial
Standard); (vi)
I.S.O (International Standards
Organization); and (vii)
Any standard or code duly
recognized internationally; (j) “owner”
means any company who is in the possession of a boiler or under whose name it
has been registered; (k)
“prescribed” means prescribed by
regulations or rules made under this Act; (l)
“pressure vessel” means a vessel
along with its fitting other than a boiler which is capable of being used to
contain, distribute, transfer, process or otherwise handle gas, vapors, liquids
and store energy under pressure internally and externally; (m)
“Province” means the Province of
the Khyber Pakhtunkhwa; (n)
“registration certificate” means
the registration certificate issued under section 9; (o)
“regulations” mean regulations
made under this Act; (p)
“rules” mean rules made under
this Act; and (q)
“structural alteration, addition
or renewal” means changes and deviations from original design in the pressure
parts but shall not be deemed to include any renewal or replacement of a petty
nature when the part of fitting used for replacement is not inferior in
strength, efficiency or otherwise to the replaced part or fitting. 3.
Limitation
of application of this Act.---Nothing in this Act shall apply,- (a)
in the case of any boiler in any
steamship or in any mechanically propelled vessel; (b)
appertaining to a sterilizer or disinfector
and the like used in hospitals, hotels, laboratories and other industries etc,
if it does not exceed ninety one litres in capacity; (c)
any boiler used in relation to
the nuclear energy; and (d)
any boiler or steam-pipe,
belonging to or under the control of railways. 4.
Power
to limit extent.---
Government may, with the concurrence of the Board, by notification in the
official Gazette, exclude any specified area from the operation of all or any
of the provisions of this Act. 5. Khyber
Pakhtunkhwa Boilers and Pressure Vessels Safety
(2) The
Board shall have full power to regulate its own procedure and the conduct of
all business to be transacted by it, the constitution of committees and
sub-committees and the delegation to them of any powers and functions of the
Board. (3) The
members at clauses (d) and (e) above may resign by tendering their resignation
to the Government. (4) The
members at clauses (d) and (e) may be removed by Government if they become
physically unfit or ceased to be efficient. (5) If
any vacancy is caused due to death, resignation or removal shall be filled in
by Government through nomination of another person. 6. Meetings
and quorum of the Board.--- (1) The meetings of the Board shall be presided
over by the Chairman or in the absence of Chairman, by the Vice Chairman. (2) The
quorum of the Board shall be at least five members of the Board in which
representation of the manufacturers and users shall be mandatory. (3) Meetings
of the Board shall be called by the Chairman or in the absence of Chairman, by
the Vice Chairman on such date and place as he may deem appropriate. (4) Decisions
of the meeting shall be taken by majority of members and in case of tie, the
Chairman or the person presiding over the meeting shall have a casting vote. (5) The
Board shall meet at least twice in a year. (6) The
meetings of the Board shall be regulated in accordance with the procedure as
may be prescribed. 7. Appointment
of Chief Inspector, Deputy Chief Inspector and Inspector.--- (1) Government
shall appoint a person to be Chief Inspector with such qualification and on
such terms and conditions as may be prescribed, who may, in addition to the
powers and duties conferred or imposed on the Chief Inspector under this Act,
exercise any power or perform any duty so conferred or imposed on Deputy Chief
Inspector and Inspector by or under this Act. (2) Government
shall appoint such person, as it thinks fit, to be Deputy Chief Inspectors with
such qualification and on such terms and conditions as may be prescribed who
shall, in addition to the powers and duties conferred or imposed on the Deputy
Chief Inspector under this Act, exercise any power or perform any duty so
conferred or imposed on Inspector by or under this Act. (3) Government
shall appoint such persons, as it thinks fit, to be Inspectors with such
qualification and on such terms and conditions as may be prescribed for the
purpose of this Act, and shall define the local limits within which each
Inspector shall exercise the powers and perform the duties conferred or imposed
by or under this Act. (4) Every
Chief Inspector, Deputy Chief Inspector and Inspector shall be deemed to be a
public servant within the meaning of section 21 of the Pakistan Penal Code,
1860 (XLV of 1860). 8. Prohibition of use of unregistered or
un-certificated boilers.---Save as otherwise expressly provided in this Act, no
owner shall use the boiler or permit it to be used- (a)
unless it has been registered in
accordance with the provisions of this Act; (b)
in the case of any boiler which
has been transferred from one Province to another, until the transfer has been
reported in the prescribed manner; (c)
unless a registration certificate
or provisional order authorising the use of the boiler is for the time being in
force under this Act; (d)
at a pressure higher than the
maximum pressure recorded in such registration certificate or provisional order
or under which the boiler was constructed and stamped; and (e)
unless the boiler is in the
charge of a person holding the Boiler Engineers Competency Certificate,
required by such rules and not more than sixty years old and less than
twenty-one years of age. In case of above sixty years it shall subject to the
provision of Medical Fitness Certificate from the Medical Board of District
Head Quarters Hospital. 9. Registration.--- (1) The owner
of any boiler, which is not registered under the provisions of this Act, shall
apply to the Chief Inspector to have the boiler registered. The boilers which
have been operated outside Pakistan shall require an examination certificate
from an insurance or third party inspection company of the country where the
boiler has been in operation confirming integrity of boiler in line with the
guidelines for the Examination of Boiler End Plate Furnace and Shell Welded
Joints issued by the Associated Offices Technical Committee, United Kingdom or
country of origin. The application shall be accompanied by a copy of bill of
entry and evidence of payment of customs duty and such application shall be
accompanied by the prescribed fee. (2) On
receipt of an application under sub-section (1), the Chief Inspector of boilers
shall fix a date within fifteen days or such shorter period as may be
prescribed, from the date of the receipt of application, for the examination of
the boiler and shall decide the inspection time and schedule with the owner. (3) On
the date referred to in sub-section (2), the Inspector of boilers shall proceed
to examine the boiler and to determine in the prescribed manner the maximum
pressure, if any, at which such boiler may be used and shall report the result
of the examination to the Chief Inspector in the prescribed form. (4) The
Chief Inspector shall approve or refuse to register the boiler after receipt of
the result of the examination under sub-section (3). (5) If
the Chief Inspector, after receipt of the result of such examination, approves
to register the boiler, he shall order to issue a registration certificate to
the owner in the prescribed form authorizing the use of the boiler for a period
not exceeding twelve months at a pressure not exceeding such maximum pressure
as may be prescribed by regulations. (6) Where
the Chief Inspector refuses to register a boiler he shall communicate such
refusal to owner of the boiler together with the reasons thereof. (7) The
Chief Inspector of boiler, on registering the boiler, shall issue provisional
order to the owner for a period of six months in the prescribed form
authorising the use of boiler. The owner shall offer the boiler for steam test
within a provisional order period, on successful completion of steam test
provisional order shall be extended for further six months. (8) The
Inspector shall forthwith convey to the owner the order of the Chief Inspector
through courier or registered post. The owner shall within seven days of
receipt of registration certificate cause the register number to be permanently
marked thereon in the prescribed manner. (9) The
procedure for registration of a boiler shall be completed by all means within
thirty days of submission of an application for registration of the boiler
subject to the fulfillment of all applicable procedures and technical
requirements by the owner. The copy of all the documents submitted by the owner
along with orders and notes of the Chief Inspector, shall be sent to the Board
for record. 10. Cessation
and Renewal of registration certificate.---(1) A registration certificate
authorising the use of a boiler shall cease to be in force,- (a)
on the expiry of the period for
which it was granted; (b)
when any accident occurs to the boiler; (c)
when the boiler is moved from one
location to another unless it is registered as mobile unit; (d)
when any structural alteration,
addition or renewal is made in or to any steam-pipe attached to the boiler; and (e)
if the Chief Inspector in any
particular case so directs, when any structural alteration, addition or renewal
is made in or to any steam pipe attached to the boiler. (2) When
a registration certificate authorising the use of a boiler ceases to be in
force, the owner shall apply before thirty days of expiry of the previous
certificate to the concerned Inspector for a renewal thereof under intimation
to the Chief Inspector for such period not exceeding twelve months. (3) An
application under sub-section (2) shall be accompanied by the prescribed fee
and forwarded to the Inspector under intimation to the Chief Inspector. On
receipt of intimation from the owner, the Inspector shall fix a date within
fifteen days or such shorter period as may be agreed with the owner from the
date of receipt, for examination of the boiler and shall give the owner thereof
not less than three days notice the date so fixed: Provided that, where the
registration certificate has ceased to be in force owing to the making of any
structural alteration, addition or renewal, the Chief Inspector may dispense
with the payment of prescribed fee. (4) On
the date fixed under sub-section (3) the Inspector, shall examine the boiler as
per approved applicable code, and if he is satisfied that the boiler is in good
condition shall recommend to the Chief Inspector for renewal of the certificate
authorising the use of the boiler for such period not exceeding twelve months
and at a pressure not exceeding such maximum pressure as may be prescribed by
regulations. (5) Where
the Inspector,- (a)
makes recommendations as per
approved codes to any structural alteration, addition or renewal to be made in
or to the boiler; and (b)
is of opinion that the boiler is
not fit for use, the Inspector, shall inform the owner of the boiler in writing
of findings and the reasons thereof, and shall forthwith report the case with
recommendations for orders to the Chief Inspector. (6) The
Chief Inspector on receipt of a report under sub-section (5) may, subject to
the provisions of this Act and of the regulations, order the renewal of the
registration certificate in such terms and on such conditions, if any, as he
thinks fit, or may refuse to renew it: Provided that where the Chief
Inspector refuses to renew a registration certificate, he shall forthwith communicate
his refusal to the owner together with the reasons thereof. (7) The
aggrieved party may, within seven days of the order, apply to the Board
regarding rejection of his request for the renewal of registration certificate
and the Board shall issue appropriate orders either approving or disapproving
the order of the Chief Inspector within thirty days of notice of order of the
Chief Inspector. (8) Nothing
in this section shall be deemed to prevent an owner from applying for a renewal
of registration certificate at any time during the currency of a registration
certificate. 11. Use
of boiler pending grant of registration Provided that nothing in this
section shall be deemed to authorise the use of a boiler in any of the cases
referred to in clauses (b), (c), (d) and (e) of sub-section (1) of section 10,
occurring after the expiry of the period of the certificate. (2) When
a boiler cannot be offered for inspection by the owner for reasons which in the
opinion of the owner are beyond his control such as the existence of an
emergency, the owner may approach the Chief Inspector who may authorise the use
of the boiler for a period not exceeding three months after the expiry of the
registration certificate. The owner may also approach the Chief Inspector for
grant of a provisional certificate not exceeding three months on payment of the
prescribed fee. 12. Revocation
of registration certificate or provisional order.---(1) The Chief Inspector
may, at any time, withdraw or revoke a registration certificate or provisional
order on the report of the Inspector- (a)
if there is reason to believe that
the registration certificate or provisional order has been fraudulently
obtained or has been granted erroneously or without sufficient examination; or (b)
if the boiler in respect of which
it has been granted has developed some defect or has ceased to be in good
conditions; or (c)
where Government has made rules
requiring that boilers shall be in charge of persons holding certificate of
competency and the boiler is in charge of a person not holding the certificate
required by such rules; and (d)
where no such rules have been
made, if the boiler is in charge of a person who is not maintaining the boiler
in accordance with standard operation procedures: Provided
that where the Chief Inspector withdraws or revokes a registration certificate
or provisional order on the ground specified in clause (d), he shall
communicate to the owner his reasons in writing for the withdrawal or
revocation and the order shall not take effect until the expiry of fifteen days
from the receipt of such communication. (2) The
owner shall have the right to appeal to the Board against the order of the
Chief Inspector. (3)
The Board shall issue appropriate orders either approving or disapproving the
order of the Chief Inspector within thirty days of notice of the order of the
Chief Inspector. 13. Alterations
and renewals to boilers.---No structural alteration, addition or renewal
shall be made in any boiler registered under this Act, unless such alteration,
addition or renewal has been sanctioned in writing by the Chief Inspector. The
execution of any modification as per approved drawings shall be verified by the
approved Inspecting Authority. 14. Duty
of owner at examination.---(1) On any date fixed under this Act, for the
examination of a boiler, the owner thereof shall be bound- (a)
to intimate the Inspector
regarding the date of inspection , to provide all reasonable facilities for the
examination and all such information as may reasonably be required of him; (b)
to have the boiler properly
prepared and ready for examination as per written examination procedures
confirming to applicable codes; and (c)
in the case of an application for
the registration of a boiler, to provide such drawings, specifications,
certificates and other particulars as may be prescribed. (2) If
the owner fails, without reasonable cause, to comply, the Inspector at the
expense of owner shall refuse to make the examination and shall report the case
to the Chief Inspector who shall, unless sufficient cause to the contrary is
shown, require the owner to file a fresh application under section 9 or section
10, as the case may be, and may forbid him to use the boiler notwithstanding
anything contained in section 11. 15. Production
of registration certificate, etc.---(1) The owner who holds a registration
certificate or provisional order relating thereto shall, at all reasonable
times during the period for which the registration certificate or provisional
order is in force, be bound to produce the same when called upon to do so by
the Chief Inspector or the Inspector. (2) Upon
the non-compliance of an order, the Chief Inspector may take necessary action
such as de-certification of the boiler. 16. Powers
of entry.---An Inspector may, for the purpose of inspecting or examining a
boiler or any steam-pipe attached thereto or in case of non observance of any
provision of this Act or of any rules or regulations at all reasonable time
enter any place or building within the limits of the area for which he has been
appointed in which he has reason to believe that the boiler is in use. 17. Report
of accidents.---(1) If any accident occurs to a boiler, the owner or person
in-charge thereof shall, within twenty-four hours of the accident, report
the same in writing to the Inspector.
Every such report shall contain a description of the nature of the accident and
of the injury, if any, caused thereby to the boiler or to any person, and shall
be in sufficient detail to enable the Chief Inspector of boilers to determine
the root cause of accident and fix responsibility for such occurrence, the same
shall also be reported to the Board. (2) Every
person shall answer truly to the best of his knowledge and ability every
question put to him in writing by the Accident Committee constituted by the
Board for the purpose. 18. Appeal
to the Board.---(1) Any person or owner aggrieved by any recommendation
made by the Inspector of boilers or
findings or decision of the Chief Inspector for- (a)
refusing to register a boiler or
to grant or renew a registration certificate in respect of a boiler; or (b)
refusing to grant a registration
certificate having validity for the full period applied for; or (c)
refusing to grant a registration
certificate authorizing the use of a boiler at the maximum pressure desired; or (d)
withdrawing or revoking a
registration certificate or provisional order; or (e)
reducing the amount of pressure
specified in any certificate or the period for which such certificate has been
granted; and (f)
ordering any structural
alteration, addition or renewal to be made in or to a boiler which contravenes
the design code or refusing sanction to the making of any structural
alteration, addition or renewal in or to a boiler based on approved drawings
may, within fifteen days of the communication to him of such order, prefer
appeal to the Board. (2) The
Board shall communicate the decision within thirty days of receipt of an
appeal, and pending final decision the Board may grant interim relief to the
owner. 19. Finality
of orders.---An order of the Board under section 18 shall be final and
shall not be called in question in any Court. 20. Minor
penalties.---Any owner who refuses or without reasonable excuse neglects
to- (a)
surrender a provisional order as
required by sub-section (7) of section 9; (b)
produce a registration
certificate or provisional order when duly called upon to do so under section
15; and (c)
hand over to the new owner a
registration certificate or provisional order as required by section 15 shall be liable to imprisonment for a term which may
extend to six months or fine which may extend to twenty thousand rupees or
both. 21. Penalties
for illegal use of boiler.---(1) Any owner who, in any case in which a
registration certificate or provisional order is required for the use of the
boiler under this Act, uses the boiler either without any such registration
certificate or provisional order being in force or a competent boiler engineer
or at a higher pressure than that allowed thereby, shall be issued warning by
the Chief Inspector. (2) In
case of continuing offence, the offender shall be liable to imprisonment for a term which may extend to one year or
with fine which may extend to fifty thousand rupees or with both. For further
repetition of the above mentioned offence the offender shall be liable to
imprisonment for term which may extend to two years or with fine which may
extend to one hundred thousand rupees or with both. (3) In
addition to this, the Court shall direct the Chief Inspector to close the
factory. 22. Other
penalties.---Any person who- (a)
uses or permits to be used a boiler
of which he is the owner and which has been transferred from one Province to
another without such transfer having been reported as required by section 8; or (b)
being the owner fails to cause
the registered number allotted to the boiler under this Act, to be marked on
the boiler as required by sub-section (8) of section 9; or (c)
makes any structural alteration,
addition or renewal in or to a boiler without first obtaining the sanction of
approved drawings when so required under section 13; or (d)
fails to report an accident to a
boiler or when so required under section 17; or (e)
hamper with a safety valve of a
boiler so as to render it inoperative at the maximum pressure at which the use
of the boiler is authorised under this Act, shall be
liable to the imprisonment for a term which may extend to one year or
fine which may extend to fifty thousand rupees or with both. 23. Penalty
for tempering with registration.---(1)
Whoever removes, alters, defaces, renders invisible or otherwise tampers with
the register number marked on a boiler in accordance with the provisions of
this Act or the rules or the regulations, made thereunder, shall be punishable
with fine which may extend to three hundred thousand rupees. (2) Whoever
uses the boiler without getting it registered under this Act shall be
punishable with imprisonment for a term which may extend to one year or with
fine which may extend to six hundred thousand rupees or with both. (3) Whoever
fraudulently marks upon a boiler a register number which has not been allotted
to it under this Act or the rules and regulations made under this Act, shall be
punishable with imprisonment for a term which may extend to two years, or with
fine which may extend to six hundred thousand rupees or with both. 24. Limitation
and previous sanction for prosecution.---No prosecution for an offence made
punishable by or under this Act shall be instituted- (a)
after six months of the
commission of an offence; and (b)
without the previous sanction of
the Chief Inspector. 25. Trial
of offence.---(1) No court inferior to that of a Magistrate of the first
class shall try an offence under this Act. (2) All
offences under this Act shall be tried in the manner provided for summary
trials under the provisions of chapter XXII, of the Code of Criminal Procedure,
1898 (Act No. IV of 1898): Provided that if the court is of the
opinion that the offence is of a nature that does not justify summary trial, it
may proceed with the regular trial of the said offence. 26. Power
to make rules.---(1) The Board may, with the approval of Government, make
rules for carrying out the purposes of this Act. (2) Without
prejudice to the generality of the foregoing powers, such rules may provide for
all or any of the following matters, namely: (a)
for prescribing the
qualifications and duties of the Chief
Inspector, Deputy Chief Inspector and Inspectors; (b)
for regulating the transfer of
boilers; (c)
for providing for the
registration and certification of boilers in accordance with the regulations
and approved codes under this Act; (d)
for requiring boilers to be in
the charge of persons holding certificate of competency and prescribing the
conditions on which such certificate may be granted; (e)
for prescribing the times within
which the boiler Inspectorate shall be
required to examine the boiler as per approved practice or code of examination; (f)
for prescribing the fees payable
for the renewal of registration
certificates and methods of determining the amount of such fees in each case; (g)
for regulating or advising Board
enquiring into accidents; (h)
for determining the mode of
disposal of fees, costs and penalties levied under this Act ; and (i)
generally to provide advice for
any matter which is, in the opinion of the Board, a matter of local importance
in the Province. 27. Power
to make regulations.---(1) The Board may make regulations for carrying out
the purposes of this Act. (2) Without
prejudice to the generality of the foregoing powers such regulations may
provide for all or any of the following matters, namely: (a)
adopting code and procedures, as
laid down in international boiler code for materials, design and construction
which shall be required for the purpose of registration and certification of a
boiler under this Act; (b)
for prescribing the circumstances
in which the extent to which, and the conditions subject to which variations
from the standards laid down under international boiler codes may be permitted; (c)
for prescribing the method of
determining the maximum pressure at which a boiler may be used; and (d)
for regulating the registration
of boilers, prescribing the fees payable thereof, the drawings, specifications,
certificates and particulars to be produced by the owner, the method of preparing a boiler for examination
by the boilers Inspector, the method of marking the register number, the period
within which number is to be marked on the boiler, selection and regulating the
rules for Inspection Authority and nomination of insurance companies for boiler
insurance. 28. Penalty
for breach of rules or regulations.---Any rules or regulations made under
section 26 or section 27 may direct that a person or company contravening such
rules or regulations shall be issued warning by the Chief Inspector and in the
case of continuing offence liable to closure of the factory and revocation of
registration certificate and in repetition of an offence, the Government shall
be notified for appropriate measure for enforcement. 29. Previous
publication of rules or regulations.---The power to make rules and
regulations conferred by sections 26 and 27 respectively shall be subject to
the condition of the rules and regulations being made after previous
publication. 30. Recovery
of fees, etc.---All
fees, costs and penalties levied under this Act, shall be recoverable as
arrears of land revenue. 31. Power
to suspend in case of emergency.---Government may, by notification in the
official Gazette, exempt from the operation of this Act, subject to such
conditions and restrictions as it thinks fit, any boiler or classes or types of
boilers used exclusively for the heating of buildings or the supply of hot
water. 32. Insurance
of boilers.---All boilers shall be insured against damage due to accidents
as per existing laws. 33. Repeal
and saving.---(1) The Boilers and
Pressure Vessels Ordinance, 2002 (Ordinance No. XXI of 2002) is hereby
repealed, in its application to the extent of the Province of the Khyber
Pakhtunkhwa. (2) Any
boiler registered, certified or licensed under the Boilers and Pressure Vessels
Ordinance, 2002, shall be deemed to have been registered, certified or licensed
under this Act. (3) Notwithstanding
the repeal of the Boilers and Pressure Vessels Ordinance, 2002, the rules and
regulations made under the said Ordinance, and in force immediately before the
commencement of this Act, shall, mutatis mutandis and in so far they are not
inconsistent with any of the provisions of this Act, shall continue to remain
in force until repealed or altered by rules or regulations made under this Act. |