(A) for sub-regulation (4), the following shall be substituted, namely: "(4) Central Boilers Board Authorisation Pro1:ess:
(i) the Competent Person shall perform the work without conflict of interest;
(ii) an applicant for a Central Boiler Board Authorisation shall meet the following requirements, namely:-
(a) the applicant shall be in regular employment of, and exclusively engaged by a Central Boilers Board recognised Inspecting Authority:
(b)
(c)
(d)
(e)
(iii) (a)
Provided that for inspection and certification of boilers during use under section 8 of the Boilers Act, 1923 , applicant can work independently also without taking employment with the Central Boilt:rs Board recognised Inspecting Authority;
the applicant shall meet the minimum qualification and experience requirements as referred in sub-regulation 2 of this regulation;
the applicant shall have taken and passed the Central Boilers Board examination as referred to in sub-regulation 3 of this regulation;
the applicant sh al I apply for an authorisation not later than three years after passing the Central Boilers Board Examination and a person whose authorisation has not been issued within the three year period shall be required to take the Central Boiler Board Examination and receive a passing grade: and the maximum age for the Competent Person shall be sixty-five years provided the person is medically tit;
when the applicant has met the eligibility requirements as referred to in clause (ii) of sub regulation 4 and at the request of the applicant's employer; a Central Boilers Board authorisation card and a certificate shall be issued:
Provided that the request for authorisation card, only for undertaking inspection and certification of boilers during use under section 8 of the Boilers Act, 1923, can also be made by rhe applicant ;
(b) the application for an authorisation shall be on forms obtained from the Central Boilers Board;
(c)
(iv) (a) and a Competent Person may possess only one valid authori sation card;
the validity of an authorisation cerlilicate shall be three years from the date of issue or in co terminus with the validity period of recognition of employing Inspecting Authority (wherever applicable), whichever is earlier;
(b) for undertaking inspection and cnlilication of boilers J.uring manufacture and erection, the Competent Person must b..: in rt:gular employment of the Central Boiler Board recognised Inspecting Authority failing which the authorisation lapses;
10 TH E GAZETTE O F INDI A: EXTRAORDINARY [PART II- SEC. 3(i)]
(c) where the Competent Person leaves the employment, Centra l Boilers Board Authorisation Card shall be surrendered by th e Inspec ting Authority to the Secretary, Central Boilers Board within a period of seven days from the dale of such leave;
(d) the request for renewal shall be made by Competent Person's employer and the request shall certify that the Competent Person maintained inspection proficiency by performing or supervising inspection acti vity and that the individual has met the continuing updation requirement as laid down in c lause (t) o f thi s sub-regulation:
Provided that request fo r renewal of authorisation, only for rn1dertak.ing inspection and certification of boilers during use under section 8 of the Boilers Act, 1923, can also be made by the Competent Person , giving dt:tails or inspections undertaken in the last three years and confirming that he has met the continuing updation requirement as given in clause
(f) of this sub-regulation ;
(e) on change of employment, a request for authori sation card shall be made by the Competent Person' s current employer on forms obtained from the Central Boilers Board;
(f) each Central Boilers Board authorised Competent Person, at least once every three years, shall either attend a Central Boikrs Board seminar or receive other instruction related to inspections and the instruction may be in any format, e.g., classroom, home study, or web based; the topics may include any subject of relevance to the inspection process, such as new methods, products, materials, technology or changes to construction or repair codes;
(g)
(h)
(i) a person whose authorisation has not been renewed for five years or less may, on proper application, have the authorisation reinstated;
the employer or Competent Person, if working independently, as the case may be , shall provide verification of continuing updation as mentioned in clause (t) ; and a person whose authorisation has nut been renewed for more than five years shall be required to take the Central Boilers Board Examination and receive a passing grade;
(v) (a) a Central Boilers Board authorisation may be revoked by the Secretary, Central Boilers Board for falsification of any statement contained in any application however the person may request reconsideration by the Secretary, Central Boilers Board;
(b) when an evaluation reveals that a Central Boilers Board authorised Competent Person has been negligent in his duty or has made false statements on forms used for documentation of his duties, a Central Boilers Board Committee formed for the purpose may examine the evaluation and recommend to the Secretary, Central Boilers Board, a suitable action against such Competent Person. The Secretary, Central Boilers Board shall take the final decision;
(c) if any person is aggrieved by a tlecision of the Secretary, Central Boilers Board, he may prefer an appeal against such decision within thirty days from the date of the decision, to the Central Boilers Board;
(d) the decision of the Central Boilers Board shall be binding; and
(e) any person aggrieved by,-
(i) an order made or purporated to be made by a Competent Person in the exercise of any power confe,,-ed by or under the Act; or
(ii) a refusal of a Competent Person to make any order or to issue any certificate which he is required or enabled by or under the Act to make or issue;
May, within thirty days from the date on which such order or refusal is communicated to him, prefer an appeal against the such order or refosal, to the Chief Inspector of Boilers of the State in which the boiler is located;
(v i) fee fi xed by the Centra l Boiler Board Examination Standing Committee shall be paid fo r each authorisation issued, renewed or reinstated.";
(B) for sub-regulation (6) , the following shall be substituted, name ly:- "(6) Competent Pt:rson 's Diary:
(i) A Competent Person' s Diary shall be maintained for -
(a) inspec tion of construction activities; and --r---------------- - - --- ------ ,.
['IW1 II - ~ 3(i)] 'qffi[ cf>l ~ : 3TTTTi.ffiUT 11
(b) in-service inspection including repa irs and a lt erat ions for each location or site as per the format laid down by the Central Boilers Board;
(ii) tht:: diary sha ll be bound and num bert::d and th e: purpost:: of the diary shall bt:: to providt:: a record of the Competent Person's activity and to supporl the continuity of inspections;
(iii) the Competent Person 's di ary shall be the property of the employer Inspecting Authority, wherever applicable, and must be avail able at the locati on or site o f the inspection; and
(iv) the diary shall be maintained for a minimum of five years from the date of last entry and it may also be maintained in digitised form with provision for online entries .";
(C) In sub-regulation (7)A, for clause (i) and clause (ii) res pectively, the foll owing shall be substituted, namely: "(i) On receipt ofan application for renewal of ce rtificate for use ofa boiler, the Competent Person shall , within fiftt::en days from tht:: date of such rect:: iJ~t inspect tht: boilt::r on a date communicated to the owner in advance;
(ii) Memorandum ofinspection Book shall bt:: obta ined from the concerned boiler inspectorate through the inspecting Authority or directl y if working independently, for in-service boilers which shall be returned within a period of one week from the uate of completion of final inspection ;";
(D) for sub-regulation (7)B, the following shall be substituted. namely:- "B. Inspection Fee:- Competent Person or Inspecting Authority may charge fee for the inspection subject to the condition that the fee shall not bt:: less than the fee specified by the concerned State.";
(E) In sub-regulation (8), in clause (I), after sub -clause (c), the following sub- clause shall be inserted, namely:- " (d) In case, inspection is not carried out as per the Indian Boiler Regulations, 1950, the Chiefinspector of Boilers shall report the matter to Secretary, Central Boilers Board for appropriate action against the Competent Person which may include cancellation of his authorisation.".
4. In the principal regulations, in regulation 98 , in clause (a), for tht:: figure and word "6 months", figure and word " 12 months" shall be substituted.".
5. In the principal regulations, in regulation 388, the sub-regulation (2) shall be omitted.
6. In the principal regulations, in regulation 390, in claust:: (c) and in regulation 391 respectively, for the word" Inspector" wherever it occurs, the words "Competent Person" shall be substituted.".
7. In the principal regulations, in regulation 392, in sub-regulation (3 ), in clause (v) , in sub-clause (b), for the words" fifteen days", the words" two days" shall be substituted.".