Khyber Pakhtunkhwa Assembly has passed draft of bill to regulate boilers and pressure vessels in the province. After the passage the bill has been sent to Governor for assent.
The Act, which may be called the Khyber Pakhtunkhwa Boilers and Pressure Vessels Act, 2016 has been passed in the wake of the 18th Constitutional Amendment and subsequent decision of the oversight committee, the subject of boilers and vessels save the boilers specific to nuclear energy has devolved upon provinces to give effect to such devolution, regulate the boilers and pressure vessels in the province.
Under the law nothing in this Act would apply in the case of any boiler in any steamship or in any mechanically propelled vessel; appertaining to a sterilizer or disinfector and the like used in hospital, hotels, laboratories and other industries etc, if it does not exceed 91 litres in capacity; any boiler used in relation to the nuclear energy; and any boiler or steam-pipe, belonging to or under the control of railways.
The government may, with the concurrence of the board, by notification in the official gazette, exclude any specific area from the operation of all or any of the provision of the Act.
After the commencement of the Act, the government shall establish a board to be known as the KP Boilers and Pressure Vessels Safety Board. The board will be headed by Secretary Industries, Commerce and Technical Education Department as chairman while Director Industries will be the Vice Chairman. Other members will be included Chief Inspector, a member of the Sarhad Chamber of Commerce & Industry (SCCI), one each representative from the manufacturers of boilers and users of boilers and pressure vessels while Deputy Secretary Industries and Commerce will act as member-cum-secretary of the board.
The board will 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 by any powers and functions of the board.
Under the Act, the provincial government will appoint 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 impose 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.
Under the Act, the use of unregistered or uncertified boilers will be declared prohibited and no owner will be allowed to use it unless it has been registered and in case of any boiler which has been transferred from one province to another until the transfer has been reported in the prescribed manner; unless a registration certificate or provisional order in such registration certificate or provisional order or under which the boiler was constructed and stamped and unless the boiler is in the charge of a certified engineer.
The owner of any boiler, which is not registered under the provision of this Act, will apply to the Chief Inspector to have the boiler registered. The boilers which have been operated outside Pakistan will require an examination certificate from an insurance or third party inspection company of the country, where the boiler has been operating confirming integrity of the boiler in line with the guidelines for the Examination of the Boiler End Plate Furnace and Shell Welded Joints issued by the Associated Offices Technical Committee, United Kingdom or country of the origin. The application will be accompanied by a copy of bill of entry and evidence of payment of customs duty and such application will be accompanied by the prescribed fee.
A registration certificate authorising the use of a boiler will cease to be in force on the expiry of the period for which it was granted; when any accident occurs to the boiler; when he boiler is moved from one location to another unless it is registered as mobile unit; when any structure alteration, addition or renewal is made in or so to any steam-pipe attached to the boiler; and 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 t the boiler.
When a registration certificate authorising the use of a boiler ceases to be in force, the owner will apply before 30 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.
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 may 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.