Monitoring functioning: Amended Boilers and Pressure Vessels Ordinance adopted

Draft makes changes in ordinance, especially increasing penalties prescribed in it

PESHAWAR: To regulate and monitor the boilers and pressure vessels operated at factories across the province, the industries and commerce department has adopted the Boilers and Pressure Vessels Ordinance 2002 with a few amendments.

The Cabinet has given approval to the draft of the law – titled Khyber-Pakhtunkhwa Boilers and Pressure Vessels Act 2016 – during a meeting held a few days back in Peshawar.

The draft, a copy of which is available with The Express Tribune, makes some changes in the ordinance, especially increasing the penalties prescribed in it. It also made changes in the composition of the safety board which was established and empowered to make rules and regulation to carry out the purpose of the act.

Under the drafted act, the board will be called the Khyber-Pakhtunkhwa Boilers and Pressure Vessels Board and it will be chaired by the industries and commerce secretary. In addition, industries and commerce director will be its vice chairperson, while industries and commerce deputy secretary will be its member and chief inspector will be its member-cum-secretary.

Moreover, the safety board will have a member from the K-P Chamber of Commerce and Industries and member from the manufacturers of boilers, while one member from the users of boilers and pressure vessels.

As per the draft, the board will meet twice a year and the chairperson will head it. Its quorum will compromise five members but the presence of the members of the boiler manufacturers and users will be mandatory. However, any decision will be made on the basis of a majority vote.

The draft has also increased penalties and fines in case of violations of various sections of the law. In minor penalties section, the new draft has added an imprisonment for a period not exceeding six months. Earlier, in the ordinance there was no imprisonment.

Moreover, it has increased the fine value to Rs20,000 and the violator may be imprisoned too. The minor penalties are imposed if any owner either refuses or neglects without reasonable excuse to surrender a provisional order or produce a registration certificate. In addition, the penalties are also imposed if the owner fails to hand over a registration certificate or provisional order to the new owner.

Similarly, any person, who uses a boiler or pressure vessel without a certificate or provisional order will be issued a warning by the chief inspector. However, in case the offence continues, the person will be liable to imprisonment for a term which may extend to one year or with fine which may extend to Rs50,000 or with both.

If the offence is repeated, the offender will be liable to imprisonment for a term which may extend to two years or fine which may extend to Rs100,000 or with both. In addition, the court could direct the chief inspector to close the factory.

The fine for tampering with the registration number marked on a boiler in accordance with this act will be punishable with a fine which may extend to Rs50,000. Whoever uses the boiler without getting it registered under this act will be punishable with imprisonment for a term which may extend to one year or with a fine which may extend to Rs50,000 or with both.

Meanwhile, whoever fraudulently marks a register number on a boiler which has not been allotted to it under this act will be punishable with imprisonment which may extend to two years or with a fine which may extend to Rs50,000 or with both. The penalty for failure to report an accident has been increased from Rs25,000 to Rs50,000.

Published in The Express Tribune, August 2^nd, 2016.