Karnataka Government Issues Amendment to the Karnataka Boilers Rules, 1982

The Government of Karnataka on December 3^rd 2024 has issued a significant amendment to the Karnataka Boilers Rules, 1982, with the introduction of the Karnataka Boiler (Amendment) Rules 2024.

This amendment introduces key provisions related to boiler penalties, adjudication proceedings, and appeals aimed at enhancing the efficiency and accountability in the enforcement of boiler safety regulations in the state.

Key Amendments in the Karnataka Boiler (Amendment) Rules 2024:

1. Insertion of New Chapter VII-A: Boiler Penalty, Adjudication, and Appeal
   A new chapter has been added to the existing rules, detailing the procedures for adjudication and penalties related to violations of the Karnataka Boilers Act. Chapter VII-A introduces Rule 67A that outlines the complete procedure for adjudicating boiler violations, including penalties and appeals.
   • Rule 67A covers the adjudication proceedings, specifying that the Chief Inspector of Boilers, after receiving a report from the inspector, must examine the case and determine whether penalties under sections 22, 23, 25(1), or 30 of the Act are applicable.
   • If the contravention is deemed punishable, the Inspector will file an adjudication application to the Adjudicating Officer (District Magistrate/Deputy Commissioner) for further proceedings.
   • The Adjudicating Officer will then initiate an inquiry, issue notices to the owner, and give them a chance to present evidence before imposing any penalty.

Key Points of the Adjudication Procedure (Rule 67A):

1. The Adjudicating Officer will issue a notice to the boiler owner about the alleged offense and provide an opportunity for a hearing within one month.
2. A final order must be issued within 180 days from the first hearing date.
3. Penalties will be imposed based on the severity of the violation and in accordance with the relevant sections of the Act.
4. Insertion of Rule 67B: Procedure for Appeal
   A new Rule 67B defines the process for filing an appeal against the Adjudicating Officer’s decision. The procedure includes:
   • Appeals must be filed with the appellate authority within 60 days of receiving the decision.
   • A challan fee of Rs. 5,000 must accompany the appeal, and the appeal must be submitted in Form-P.
   • The appellate authority, which is the Secretary of the Labour Department, will examine the appeal, and after providing both parties an opportunity to be heard, will pass an order confirming or setting aside the previous decision.
5. Insertion of New Forms: Form O and Form P
   New forms have been introduced to streamline the adjudication and appeal process:
   • Form O: Used for filing the application for adjudication of violations.
   • Form P: Used for submitting an appeal to the appellate authority.
6. Enhanced Power of the Adjudicating Officer
   • The Adjudicating Officer has the authority to summon witnesses and enforce attendance during inquiries.
   • The officer can proceed with the inquiry in the absence of a person who fails to appear after being duly notified.
   • If the owner is found guilty of a contravention, a penalty will be imposed, which will be paid to the State or District Treasury.

Key Aspects of the Amendment:

• Transparency and Accountability: The amendment introduces clear procedures for adjudication and appeal, providing a transparent system for imposing penalties on those violating boiler safety rules.
• Strict Timelines: The amendment ensures that adjudication proceedings are completed in a timely manner, with final orders to be issued within 180 days from the initial hearing.
• Clear Appeal Process: The amendment establishes a structured and formal process for appealing the adjudicating authority’s decisions.