On 21-06-2024, the Department for Promotion of Industry and Internal Trade of the Ministry of Commerce and Industry notified the Boiler (Inquiry, Adjudication and Appeal) Rules, 2024. These rules have been made to supplement the procedure of the complaints, inquiry, adjudication, and appeal regarding the penalties of the Boilers Act, 1923. The Rules came into force on 21-06-2024.
Key Points:
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These rules would be applicable to all Union Territories.
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A complaint regarding any contravention committed under Sections 22, 23, 25(1), and 30 of the Boilers Act, 1923, may be filed by any person including an inspector in Form I of the Rules to the adjudicating officer.
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Holding of Inquiry:
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Rule 5(5) states that the adjudicating officer must provide an opportunity for the production of documents or evidence under Form III and that he may not be bound to observe the provisions of the Bhartiya Sakshya Adhiniyam, 2023 while taking the evidence.
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Rule 5(9) states that every order made under sub-rule (8) must specify the provisions in respect of which the contravention had been committed and must also contain reasons for the imposition of the penalty.
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Rule 6 states that any person aggrieved by the order of the adjudicating officer can prefer an appeal within 60 days to the appellate authority under Section 26-B of the Boilers Act, 1923 in Form IV.