%~tffi~[ %; _~~i~i ~, i!i~ii i!I l~ It it 0 (") ·- .... ('j (") (") ·- 1&1~ i rj ~-~ 1110!
i ~ ~& ~%!Jf '~t ~ ~ ! I I ~%1t"iJ~ 1~~1 1l ~ ~ ~- ~ 1 -~ ; I ~ ~ ~i -~ i i ~ ~ ~ - ~ ~Ii 'ij ~ts !,ri ~11 2r• 1tl ~ t; _ rth 11 Uit ii ~lits!~ I ~ ~ ~ f-tst • t I,~~ ~,:U1&1 ; '" :n.1,1'1& - g 1! ~h 1ti i!t;. :h: l • ~ i ~ '!;; f ~ ~ -~ I ~ 1s ~ ~ ~ ~ ~ -~ 15 ~ ~ ~i -~ ~&f~~ ~ i Ju ii;~~~- ~-~-i (l;t I,__ 1~ ~1, ~ p i [!; U t:! -"-!!io[;. ~ h ~ ~ ~i1& lts';'t11ti 11r. ~~~ •:ts h~tsJf ~lt~I - ~;: !il?ii:~; !:: i i!!t :1 ! f 11tl1 Jii1:
,~ tsi1<1s• ~fl 11i1 ~liw ~~1& ~!I 1(,!~ ..-i t1~!!ifHh!1 iii~ ;n 1;ii11hii!
~ ~ ~ ~ c-ri (") ......-... .....--... ...--.... .,..........,,.
~ ~ ~ ~ ·- ·- ) li'i ~ it };~ t !1& it!~ t I 11< I i is! 1£ ~I t ,.,i~ U f ti!i !!1S !it i U!1~!!
1& ~i ~ ~_ 1& t ~ jg F{ s:· -~ i ~,g ~ ~ if I -1& ! it~ ~'Wj~ 1 ~1& ~~ -i·~ d.,,1& t de- :ltl'i'[ ~ 1s1sl"'i~1w I i ~ t ~ <!trJ ~ t <€ - ~ ~ &t ! ~ ·g g I& i ~ i Iii I~ ~ f I l ! r I ~ I ~,1 ~ 1o ~ I ''\< ii Is h1wl 1Si ti it If i:1< Ii i ii Ji¾ ~i !i 11 ~i ~i iii:?~~ 1 ;iii! i:t1~11U !!E;!il 2 . E 3 !l~1:h -.i (") oo 11 ~ g II ~ "" LO (") l!
~!
~1& i fl1&i~~~~ ~11& 1,~ ltti~1 i1S1 fJtl !El 1 1&1 tE:ct Ell!~I! II~ 1?1 1S;ii•1 fl~!iiii Ii~ ;=it !•:c , 1!!l!11o: 11? ?f:, {1111 11 1i,cil!ii l~li !11! 1;!1i1 ~i t}j '!Ii :1 :i I h l t11s !1S i ,11;1sli1Si l<1e!: )t""; !i1!1~ ~ I ~ 1& i ~ -t ~ ~ t t -11 i 1 ~ _ ~ i .- ! 11 1-i,, -~Ir lt11s !1&111-t · i ~~iiit~i i~li ii~I ii1&~~it (0 (") :.i.
t ~!
~ ~ ~ (") (") M ~ 1& ~ 1& '!& t '!& i . .
d flU!~d i i i i ..
gffil~•I¢~. ~18Wffif2018
40. ( 1) 111-1if¢a ~ 31WTT "ffPfR:r m ~ ~ m ~ ~ ~ ~ JJP1 S!ll-f1 ~- 3lfr.f Cf) ~ . ~ ~ ~ warr ~ <ITT ~ "{~ ~ 3lq·. clqj 3N1Tm ,mr ~ 31~ ~ ~ ~ <ITT xjPl~-tm ffl ct
(2) ~ "TT, mxr 14 "$1 ·~-mxr (2) * ~ vITTT ~ ~ ~ fclf.:IR°t-c ~ ~ ~ ~- m cR ~ ~ I 1 11-1if¢a ~ m ~ 3lfT.-iS!11-11 ~- ~-mxr (1) Cf) 31~ ~ ~ <TT ~ q5'f f.ifta,ur i:rf ffl Cf) ~ ~ ~ ct ~ m ~ ~ Rh<-11P-1 a ~ "$1 • 31WTT ~ Cf) ~ Cf) ~ ~ >fcfn 3lfr.f "$1 ~mq 3iR
3lfr.f wan Cfi ~ 3iR ~ ~ "$1 ~ (~q<-1\«1a1) Cf) "Wl'tf ~ mxr 14 "$1 ~-mxr (2) * ~ vITTT ~ "TT ~ <TT ~ '3('"("1' t11 1:lx 3N1T ~ ~ ffl 3iR ~~*~m~ct~m~<ITT.~ ™ ~ fclJ ~ ~ Fclf.:IR"t-c fclJm ~- ffl %g ~ ~ cfRcl ~ ~ vITTT ffl I
(3) 111-1if¢a ~- ~-mxr (1) ct 31~ ~ m ~ TT<T ~ f.ifta,ur "$1 ~ ~ 01P1S!l91 ~ <ITT ~ ~ffll
(4) ~ ~ ~ ~ ~ ~ 3Rl~ ~ Cf) ~ ~-mxr (1) ct 31~ ~ ~ ~ ~ m ~ ~ ~ cmfm ~ ~ "$1 :[cfi'ffi<f "$1 ~ %g ~ ~ ct~~~~ 61TTTI 41 . (1) ~ mxr 33 "$1 '311-mxr (4) 3lWTT mxr 40 "$1 '311-mxr (3) ct 31~ 111-1if¢a ~ ~ ~ ~ ITT 1:lx m ffl ct ~ ~- l-fi51Pl~S!l4i <ITT ~ ~ 'i5lW ~ fclJ ~ ~ <TT ~ "$1 f¾fc,, ~ m 'ffqfu ct ~ \:Sla-11 14> t m l-fi51Pl~S!l4i, ~ ~ cf> 31~ "$1 ~ ~ ~ 1:lx ~ wncr ~ f<AT, ~ m, ~ ~ m ~~ ~ %g ~~<TT~ Cf)~~ <ITT 3J1lfam ffl l
(2)
(3)
(4) '
(5)
(6) ~ ~-mxr (1) ct 31~ 1-1t:1f.:l~m1 m vITTT ~ q5'f ~ ~ fclJm \i'ITfil ~ 'ITT 9t:IPl~S!lcf>, ~ ~ <TT ~ ~ ~ c,q RI-a lll. <ITT "6cR %g \ffi ITT # ~ oo cf@ ~~~cf>T~fflcl~~~-~ ~ q5'f ~ <ITT1TT I ~-mxr (1) m ~ - mxr (2) ct 31~ c,qfcra<-11 <ITT f.:lq51c1~ ci, ~- ~ ~ ft~ 'ITT, 1-ft:IPl~S!lcf> '3<@ ~ <TT ~ <ITT mRffll • 1-1g1f.:l~S!14> ci> m vITTT ~ ct f<AT. ~ -ifl ~ ~ mR<ITT~~I ~. ~ ~- uJT 9g1f.:l~S!lcf> ci> m vITTT ~ ci, f<AT. ~ mc;r <ITT ~ ~ m qg 451 xlcllfl ~ ~ ~ l=fT6' cl4i "$1 'ITT ~ <TT ~ ulT ~ 6\IfR ~ clqj q5'f 'ITT "fj'cf>TTT <TT cIT1T ~- c;o-s1lll 6111TI ~ mxr ci> 31~ 1-1t:1 Pl ~S!lcf> "$1 ~ q5'f ~ m m ~ ~ ~ ~ fT.-iS!l 91 ~ &RT fclJm \JIT "fj'cf>TTT I 4 2. 01fr1S!l!-J1 ~ Cf) ~ W ~ 6lTTT fcn ITT B ~ ~ ~ 'TT l:i1c1 mur cITT' fuffl qg ~P1S!11-11 ct qR'qlffff ct <tRR ~ ~ 3ITT ~ 31clffiT ~ ~ fclJ 3J1lfam fclJm ~- ~ ~ Cf) l:i1c1 ~ 1:lx ~ 00 cf@ ~ <TT ~ <TT ~- ~ ~ -gg ~ cfx ~ vi c11gfcl ffl ~ fclJ fclitcf fclJm ~ I 600 (19) 31 141ci<f> l cl ~ GTTR uR>r ~ . 3TT1lfcf.
600 (20) 1!~ ~ 3ITT 3Rl~ -H 6 I lkl I ~";ff.
31 ~ 1~1•Fl . ([<f <firfq<f>l<IT~ ~WIR iff'<ll ~<f,R"!R mfffi.
~cfi ftini.
45 .
46.
47.
48.
49.
50.
~fi'1~11,1 "C[ti 311q1aq51e111 wrr m 31ft.iw,1 <fi qfh11&F1'i if gqmrr ~ 1TTl \J1B cfi ~ ~ 1ft ~ ~ &RT ~ 1ft WITT" ~ ~~I ~ 1-1t51P\~~1cb m 111-1if¢a ~. vn- ~ ;Qfi'1~11-11 m ~ ~ 1q1acb1 e1"11 qfh11c11 cpl wmr t ~ 3Rl ~ m ~ m~ m ci@m cfi 31fi'1~11-11 ~tft '34¢-101~· 3fR ~ m ffifu ~ JlqaTT qR"fjT t ill cffi'. ~ m. '3""ff ~ if 3WT ~ m ~ 3Rl ~1q1aq51&))1 wrr3TT cfi ~ <fi ~ ~ m cfi 13qq5-1°1'i m ~ cM 3ftlfqaTT ~ "f1cITT1T t 3fR '3cRf ~ m ~ ~ m ci@m, ~ 1ft fu-Tfcf ID.~~~~~ t 1 ~ ~ ~- mfA' 3fR ~ ~ m ci@m, ~ ~ <fi 31't1R 31tH ~ <fi ~ if ~ WIT m ~ ~- 9,Fcffigcfa l=fflT ~ ~ -gg, ~fr.1~11-11 "C[cf ~141c4cb le1l'1 00 cfi ~ c1'iT ~ ~ ~ cfi ~ <TTUl' ITT I uTT ~ 1ft, ~ gfcffi 9,cfci <PTx11T cfi fu.TT, 'tITTT 14 c$1 '31l-'tITTT (2) cfi 31't1R ~ ~ if ~ Pl Fcftc fcITTfr JlqaTT3TT cpl ~ m if ~ ~ t ill % ~ ~ uTT ~ 5VIN ~,) G<fi cpl ID ~ m cf, l>11c1 1x-i ~ 3lcTlu ~ lfl6 G<fi ~ ID ~ m <TT1T ~ nm ~ ~ ~ xffl i:nTC1T t ill ~ ~ uTT >f~ 3l1mtT cfi ~ ~ 3l1mtr <fi ~ ~ ~ qfd- ITT <fi ~ i:n"if ~ ~ G<fi cpl ID~- ~ c;o:g .-i"lll mm I ~ c.lWrrf, uTT vll'11$lcb'1 ~fi'-i~ll-1'1 3ITT ~14lc4cl5IC11'1 WIT cfi ~ ~. vn- 3lf9 <filTcl" ~ if ~ t. cfi "ill~ 6«'f~ qR"fjT t m oJlUT ~ qR"f!T t ill cffi' ~ cl51 '1 !cl 1-H ~ 3lc!ft+ ~ lfl6 G<fi c$1 ID ~· m ~ "vlT i:n"if 5VlN ~ G<fi cpl ID ~ m <TT1T ~ c; 0-s .-il ll ITTlTT I ~ c.lWrrf, "GiT Gil-i1$lcl5'1 ~ ~ ~ . "GiT ~ m c$1 ~ cp\2R, ~ m ~ 3Rl ~ ~ m1<f m cfi ~ ~ t c1'iT 3WT WR <Ft Tfc1"TI ~ m (iil..Jcf, I~ ~ t m v1 1-1q51~ ~ t. ill cffi' ~ cf> 1>11c11 x-i vn-~ lfl6 G<fi cpl ID ~ m ~ "vJT ~ 5VlN ~ G<fi cpl ID "fTcfiTJT m <TT1T ~ c;o-s.-illl ITTTTT I vn- ~ 1ft, ~ ~ cfi ~ >f1cltTR m ~ 31't1R frrrfu ~ f.11:m m ~ cpl ~ qR"fjT t ill ~ ~ m ~ 31't1R frrrfu ~ f.11:m cfi 3l'c1R, ~ ~ c$1 ~ ~ ~ ~ ~ W1m ~ fu.TT, cffi' ~ cf>lx lcl lf1 ~ ~ ~ lfl6 G<fi "$T ID ~ m ~ "vlT ~ 5VIN-~ G<fi cpl ID ~ m <TT1T ~ c'fm ~ 3l1mtT ~ xm i:nTC1T t ill ~ ~ u11 :1:r~ 3l1mtT cfi B1Rm ~ 3l1mtT cfi \i'IRt ~ ~ ~ cfi ~ i:n"if ~ ~ G<fi cpl ID ~. ~ c;o:::s1lll mm I 5 1. (1) ~ ~ cfi ~ ~ cfi ~. <PTfuf ~ 1ft ~. uTT ~ ~ "$T 'tITTT 15, 20, 24, 35, 38, 41, 47, 48, 49 3ITT 50 cfi 31'clR 31~ ~ ~ cfi 31'c1R frrrfu ~ ~ cfi 31'c1R c;o-s .-illl ID. cfiT ~. ~ &-QTTT ~ cfi ~ m ~ if. ~fi'.,~11-1., "C[ti ~1q1acf>1.#H wrr cfi ~ ~ &RT ~ mT ~ ~ "GiT ~ t ~ fcl5 W"ffi, ~ if ..
- N Q Q "' 1& i ·.~ · f ~ . h ~ ~ .
lu li I r!U !itt u I I ii~& [ ~ (i !i ~1& I* i * ii isj · ~~ ~ r&*ii t Ii~ i~ ~1 ~ i 00 f ~u i ~ ~ I 1 ~-' ~ i ~u$ ~ £ ! ] I 1& 1'0 I I i I ; 1& ~ & 1& I ~ i ~ ~ I r~i! ~ 11 z ;;it - i? ~ 111 :! .~, ~~*ii Ii 1 ~ ::1 !1!
. ~ ~iit! ;!1 *jdi ih 11 i-1t~ i N i, i!ih h;e~ 4i'<wt:J ~i i i ri~W' ~;µ-;µ- ~ ""1&1 ~{i <!i''" uF, !~ ~; hhi ;,fil r;;,~nBi I Ji 1c I 1& I ii; " I ~ i I ~ 1s i le i I& 'I& i 'I" ; i I'~ ·~ Fa • t I J,' I !f h I , i 1,;~1 :1! i ~-:i: 1 tt ~ I !~i 1~ ""dt ~!1c:e i i:; I ; ~i1>i;i1 .
1 I ~ ~ ~ ! f - ~ ~ I - I w -~ ~ ~ ~ p' . I rs ~ 1iO ~ ' ~ Ii i ~ ·ts 1 ;µ- ~ f * f .ij ~ I* ~. ~~_ri-1;= tc:~<'?l >I+. ui1s ,.gf1>jg P':w "1 '\Ste ,i:;~1s'W ~g;I ntr '-,,,;h. ~ IC . -- - - . le I h I:, I 'I& 1& <!, " ;e <la "' i I ~ ;! i I Is ~ ·- ,I" -'g &! 'I&.;; t ~ ., l h ! ~ ; i : w I ~ i I ~t! I ~ i ii i; ~ l H [ f: i ;µ- I I ~ f I ~ ~ t ! 1tf IQ ! & 1t ~ i i i I ~ I ~ ~ I t 1C 1s j!; 1& ft ~ it t "i i ri 1 [ 2 ~ ! * ~ i ~ t §it?~d§: ~1i0il fi>"~ t~ w,w~~~ ];iri_ J~~ ~-~ ~t~*lf;: rs &: ~i&%~~1,1 • R5 ~ <tr ~%1 ~ ~t ~ ~ wit l·ij ,t; ~ rs g,1i0 t . "' di 1 :wlii1& :wh, ~h 1s~l 2Jni 1sh "';~hn ' N LO c-ri si It') LO LO LO c.o ,...: cxi LO LO LO ,, ~ ~ i ~ . _ ~ t 1s t i jf 1& 1& ~ ~ i t ·g.1& ~ 1& 1 1& ! ~ i I i i 1& l - f 1tr 1tr i ~ ~, ~ i~1tr t ~ i ! 1tr g -- .
! rs I i 1t 16 1S 1S ! i lhs-,J ei i,rg' ! M! ~ 1tr i ! t s-i i ! li i I i ! i 1S f $ ! ~ ! ; ~ ii 1S 1 i ! ! 1S '.a i ffi 1 ~ I i ~ - I l I ~ u u ~j ~ t l ~ 4& s ! ~ ~ ~ ~ I Et E ~ ;; ! 1; 1i ! 1,/ ~ : 1s 1: - " l . ; .. ~ ~ ~ :: ~ ~ : i : '"i ! ! : ~ : ,, : : : ~ ~ ~ 16 i !t! !1 !t i! 1S: 1:: : l !! 1S ~ ~, 1:H ~i 1:!t ~~ ~ ~ .. !I ~4:! ii ....
"' 0 0 '0 I f6 :! ~,ig ;' p d I I t t , ~ -~ ~ ~ ~ '"' ~ ~ ~ 1 ~ ~ l re ii~ ~ 'Ju: -;::- .........
l:/ -- ~ ai I() <Je:
i ii M N C> C> \0 I& ' i ' ~ 1 Pl ~ ~ ~ ~ i 1& 1§ I 1& i ~~ Ii ~it ·-i f iJ ~~~ !~Ji - f 1&$'t~ t ~11&_$' I ~ 1! JU 1 1 1s I 1~1 ~% 1~11 ! »% :;
1,1_,w.1 ~ii~! !f;§i[';
~ .g 1&4' 1& -~ L1s ~~ h $"':liI IH4, Iii' tW ~1&it !ifl1&{ I {! !t; 1! J' 1sf i $!!! ~i jtj~ '!l; fl!~ f ~111; i It Bt- rs Uii rs i_ !i,;.~i 111iit1s 11a:i!;;1!l ,:,:1~::1!~1· i!iii!t!;ii;
I i ~~1 1~i1 r Uil I !i Jr ~~~~ g-.;ft _r;: r&is-.;i;;;, "I i fG , . (fl I -t I ,jg' . I i i ~ rs: i . fiY ~ t ~- f ' ;µ- 1& ~ i t $' ~ ~ ~ - 1&~ i~ 1i 1 .. ii3 ~i- R5 1&1&~~1& ~: 1& & i; ~ 1io ~ t1H ~% 4a I t.11 idl~~ddti 1Ji;~i1.~:i-isi;isi;
111&!:l~- I- i ~ f f f i i f d!wllBii~ hil!i ii&tdi -----,-e ·- ·- ----~ ~ 0 (0 -----~ ·- I .
600 ( 24) <ti ra--11:fm ct frl'<l<fii(Of ct)" ~ - i i 61 . (1) ~ ~ ~ * mcmr,n cf>T WITTt ,r;,R-q ~ ~ ~~ ~ ~ m ~-~ -q ~ ~cbrR,a ~- ~ mcmR ~ "ffcfi1Tf "CnT ~ ~ * mcmr,n ~ 3R-fT@ -., "ITT ~ "CnT ~ * f.-1x 1cbxu1 * ~ ~ ~ ~ ~~m,
(2) ~ £ITT"f <B" 3lt.TR <Rn[ ~ ~ ~-~ vITTT ~ vfR ~ ?:f~, ~ ~ <B" ~ 1R ~ ~ I ---nTT ~- fc:".,icp 13 3Pffif 2018 w. 8214/tt. 153/21-3l/~_/U.Tf. /18. - ~ <B" ~ <B" ~ 348 <B" ~ (3) <B" ~ -q ~ fcl1wr ~ ·H+-tfk .. '<-lcb ~ fc:".,icp 13- 08- 2018 cfiT ~ ~ xl '-Yll Yl&i <B" ~ ~ ~ac;_i:;rxl ~cb1 R1a fcITTlT -;:JJTaT ~ I tPCT17Xi ' id * Xi'-YllYl&i * -.,rq ~ Cl~ 311~~1 1jxm, lf--ftT,r qJ;llN oT~, 31~ "fl'fu-q_ i i i CHHA TTISGARH ACT (No. 19of2018) The Chhattisgarh Fire and Emergency Service Act, 201 8 INDEX PARTICULARS
CHAPTER I PRELIMINARY Section I. Short title, extent and commencement.
Definitions. 2.
3.
4.
5.
6.
7.
8.
9.
10.
I I.
12.
I 3.
CHAPTER II One Fire and Emergency Service for the whole of the State.
Auxi liary Fire and Emergency Service.
Creation of Fire Stations.
Superintendence of Fire and Emergency Service to vest in the Government.
Constitution and Classification of Fire and Emergency Service.
Appointment of Director General of Fire and Emergency Service.
Constitution of Fire Divisions, Fire Districts, Fire Sub-Divisions and Fire Stations.
Issue of Certificate to Fire Officer.
Effect of suspension of Fire Officer.
General Powers of the Director General.
~ole of Valunteers in the Fire And Emergency Service.
CHAPTER Ill FIRE PREVENTION AND SELF REGULATION
14. Preventive Measures.
15. Fire Prevention and Fire Safety measures in pandals to be self-regulatory.
Removal of encroachments, objects or goods likely to cause a risk of fire or any obstruction to fire fighting.
Powers of members of the Fire and Emergency Service on occasion of fire and/or rescue.
'
18. Appointment of Fire Safety Officer.
I 9. : Penalty in case of defaul t or non-appointment ofFire Safety Officers.
20. Owner or Occupiers' liability to provide Fire Prevention Measures.
CHAPTER IV CONTROL AND DISCIPLINE OF FIRE AND EMERGENCY SERVICE Calling of returns, reports, statements, etc.
Fire Officers deemed to be always on duty and liable to employment in any part of the State.
Dec laration of Fire and Emergency Service to be an essential service to the community.
Penalty for violation of Duty.
Restrictions respecting right to form association.
600 (25) ,.
,.
,.
,.
600 (26)
26.
27.
'.28.
29.
30.
31.
'7 .)_.
CHAPTER V LEVY OF FIRE TAX, FEE AND OTHER CHARGES Levy of Fire Tax.
Mode of assessment, collection, etc. of Fire Tax.
Constitution of fund.
Fee on deployment of Fire and Emergency Service beyond the limits of the State.
Reciprocal fire-fighting arrangement with other Fire and Emergency Services.
Power of the Director General to enter into arrangement for assistance.
Tax Exemptions for Government Bui ldings.
CHAPTER VI SPECIAL PROVISION FOR THE FIRE PROTECTION AND FIRE SAFETY MEASURES IN CERTAIN BUILDINGS AND PREMISES IN THE STATE
33.
34.
35.
36.
37.
38.
39.
40.
4 1.
42.
43.
44.
45 .
46.
47.
48.
49.
50.
51.
52 .
.53.
54 .
.55.
56.
57.
.58.
59.
60.
61.
Power of entry for inspection and recommendations for cancellation of Licenses.
Appeals.
Penalties for violation of provisions of Section 33.
Deployment to other area.
Employment on other duties.
CHAPTER VII MISCELLANEOUS · Liabil ity of property owner to pay compensation.
Power to obtain information.
Power of entry.
Power to seal buildings or prem ises.
Water Supply During an Emergency.
No compensation for interruption of water supply.
Compensation for wate_r.
Requisition of Fire fighting property.
Police officers and others to aid.
Fa ilure to take precautions.
Penalty for willfully obstructing fire-fighting and rescue operations.
False report.
General provision for punishment for offence.
Compounding of offences.
Bar of j urisdiction of Court.
: Cognizance of Offence.
Jurisdiction.
Protection of action taken in good faith.
Officers to be public servants.
Offences and Penalties .
Offence by companies.
Power to make rules.
De legation of powers.
Power to remove Difficu lties.
CHHATTISGARH ACT (No. I 9 of20 I 8) THE CHHATTISGARH FIRE AND EMERGENCY SERVICE ACT, 2018 600 (27) An Act to establish the Ch hatti~garh Fire and Emergency Service, to lay down the powers and functions of the Service and to provide for matters connected therewith and incidental thereto.
Be it enacted by the Chhattisgarh Legislature in the Sixty-ninth Year of the Republic of Ind ia, as fol lows:- I.
2.
( I)
CHAPTER- I PRELIM INARY This Act may be called the Chhattisgarh Fire and Emergency Service Act, 2018.
(2) It extends to the whole State of Chhattisgarh.
(3) It shall come into force in any area on such date as the State Government, may by notification in the Official Gazette, appoint and differen t dates may be appointed for different areas and for different provisions of this Act.
[n this Act, unless the context otherwise requires,-
(1) " Additional District Magistrate" means an officer of the Government appointed as Additional District Magistrate under sub-section (2) of Section 20 of the Code of Criminal Procedure, I 973 (2 of 1974);
(2) " Appellate Authority" means an Officer two ranks above the officers nominated by the Competent Authority as per prescribed rules;
. (3)
(4)
(5)
(6) "Appropriate Judicial Authority" means Authority having Jurisdiction to deal with matters re lated to prosecution;
" Building" includes a high-rise bu ilding, house, outhouse, stable, godown, shed, hut, wall (other than a boundary wall), fenc ing, platform and any other structure whether of masonry, bricks, wood, mud, metal or of any other material whatsoever;
"Bui lding bye-laws" means the bye-laws, rules or regulations under any re levant municipal laws and includes Bhumi Vikas Niyam 1984, the development control ru les or any other building rules or regulations made under any other law for the time being in force and are in operation;
" Director General" means the Director General of Fire and Emergency Services appointed under Section 8 of this Act;
(7) --Disaster" means a catastrophe, mishap, calamity or grave occurrence in any area, aris ing from natural or man-made causes, or by accident or negligence, wh ich results in substantial loss of Ii fo or human suffering or damage to and destruction of property, or damage to or degradation of environment, and is of such a nature or magnitude as to be beyond the coping capacity of the community of the affected area as defi ned in Disaster Management Act, 2005 (No.53 of 2005), as amended from time to time:
Short title, ex tent and commencement.
Definitions.
600 (28)
(8)
(9)
(10) (II)
(12)
(13) (1 4)
(15)
(16) (1 7) ( 18)
(19)
(20) (2 I) "District Fire Officer" is a person appointed under sub-section
(4) of Section 9 of this Act;
" District Magi~trate" means an officer of the Government appointed as District Magistrate under s ub-section (l) of Section 20 of the Code of Criminal Procedure, 1973 (2 of 1974);
"Divisional Fire Officer" is a person appointed under sub section (4) of Section 9 of this Act;
" Emergency" means any serious situation or occurrence that happens unexpectedly and demands immediate action of the Fire and Emergency Services;
"Emergency Services" means evacuation, rescue and relief in any disaster;
"Erector of panda I" means a person or association of persons, whether corporate or otherwise, who erects or makes a panda!
or any structure for occupation of people on a regular or temporary bas is;
" Fire and Emergency Services" means the Fire and Emergem;y Services established in the State by the Government under Section 3 of this Act;
" Fire Districts" means an administrative unit constituted under sub-section (1) of Section 9 of this Act;
"Fire Divisions" means an administrative unit constituted under sub-section (I) of Section 9 of this Act;
"Fire Fees" means any fee levied, charged, imposed or collected under different provisions of this Act for services rendered by the Fire and Emergency Services;
" Fire fighting property" means and includes,-
(a) Lands and bui ldings used as fire stations;
(b) Fire engines, equipments, tools, implements and whatsoever used for fire fighting;
(c) Motor vehicles and other means of transport used in connection w ith fire fight ing; and
(d) Uniforms and badges of rank.
"Fire Officer" means any operational member of the Fire and Emergency Services appointed unde r sub-section ( 1) of Section 7 of this Act;
" Fire Prevention and Life Safety Fund" is a fund constituted under sub-section (1) of Section 28 of this Act and maintained in a separate bank account;
"F ire prevention and Life safety measures" means such measures as are necessary in accordance with the Building bye-laws/National Building Code of India for the conta inment, control and extinguish ing of fire and for ensuring the safety of li fe and property in case of fire or as may be prescribed in the rules made in this behalf;
{foilflllcfffifQ,i, ~ 18 ~ 20 I 8
(22) "Fire Station" means any place declared generally or specially, by the State Government to be a fire station;
(23) "Fire Sub-Divisions" means an admin istrative unit constituted under Section 9 of this Act;
(24) "Fire Tax" is a Tax levied by the Government on such land and buildings as specified in th is behalf in Section 26 of this Act;
(25) " Form" means a form prescribed under this Act;
(26) "Government" means the Government of Chhattisgarh;
(27) "Local Authority" means a Municipa l Corporation or a Municipal Council or a Nagar Panchayat or an Industrial Township constituted under any re levant municipal law or a Town & Country Planning Development Authority or Special Area Development Authority Constituted under Chhattisgarh Town & Country Planning Act, 1973 for the time being in force in the State;
(28) "Local Fire and Emergency Services" means Local Fire and Emergency Services of any Local Authority of the State;
(29) "Member" in re lation to the Fire and Emergency Services means a person appointed to the Fire and Emergency Services under th is Act;
(30) " Member of Service" means any person appointed under Section 7 of this Act;
(31) " Multi-storey building" means a bui lding with such minimum height as may be prescribed under the rules in this behalf, and notified by the Local Authority or the Government;
(32) "Natiotial Bui lding Code of fndia, 2016" means the book as amended from time to time, containing fire prevention and life safety measures to be implemented in buildings, places, premises, workshops, warehouses and industries, published by the Bureau of Indian Standards from time to time, with or w ithout amendments;
(33) "Nominated Authority" means an officer not be low the rank of District Fire Officer nom inated by the Director General as a no11') inated authority for the purposes of this Act;
(34) "Nom inated Officer" means an officer not bellow the rank of D istrict Fire Officer nom inated by the Director General for the purpose of th is Act:
Provided that, d ifferent officers may be nominated for differ~nt areas;
(35) "Notification" means a notification publ ished in the Officia l Gazette and the word "notified" shall be construed accord ingly;
(36) "Occupancy" means the princ ipa l occupancy for which a bui lding or a part of the bui lding is used or intended to be used incl uding subsidiary occupanc ies which are cont ingent upon it;
600 (29) 600 (30) ..
(37) "Occupier" shall mean and include,-
(a) any person who for the time being is paying or is liable to pay to the owner, the rent or any portion of the rent of the land or building in respect of which such rent is li'aid or payable;
(b) an owner in occupation of or otherwise using his land or building;
(c) a rent-free tenant of any land or building;
(d) a licensee in occupation of any land or building; and
(e) any person, who is liable to pay to the building owner damages for the use and occupation of any .
land or bui lding;
(38) "Officer-in-charge of Fire Station" includes, when the Officer-in-charge of the fire station is absent from the station or unable from illness or other cause to perform his duties, the Fire Officer next in rank to such officer and present at the station;
(39) "Official Gazette" is the Gazette of the Government of Chhattisgarh;
(40) "Operational Member" of the Fire and Emergency Services means any member of the Fire and Emergency Services, who is required to drive or operate a tire fighting vehicle, firefighting equipment and appl iances at the site of fire and participate in the actual extinction of fire;
(41) "Owner" includes a person who, for the time being, is receiving or is entitled to receive, the rent of any land or building, whether on his own account or as an agent, trustee, guardian or receiver or any other person, who should receive the rent or be entitled to receive it if the land or building or part thereof were let out to a tenant;
(42) "Panda!" means a tempora1y structure with a roof or walls made of straw, hay, ulughass, golpatta, hogla durina, mat, canvas, cloth or other like material which is not adopted for permanent or continuous occupancy;
(43) "Planning Authority" means any authority nominated by the State Government for the determined specified area notified under Chhattisgarh Town & Country Planning Act, 1973 (No.
23 of 1973);
(44) "Premises" means any land or any building or part of a building and includes garden, ground and outhouse, if any, appertaining to a bui lding or part of a bui lding; and any land or any building or part of a building appm1enant thereto, which is used for storing explosives, explosive substances and dangerously inflammable substances;
Explanation- In this sub-section, "explosive", "explosive substance" and "dangerously inflam mable substance" shall have the same meaning as respectively assigned to them in the Explosive Act, 1884 (4 of 1884), the Explosive (Substances) Act, 1908 (6 of 1908) and the Inflammable Substances Act, 1952 (20 of 1952);
(45) ·'Prescribed" means prescribed by rules made by the State .
3. (I)
(2) Government u_nder this Act;
( 46) " Prescribed Authority" is the authority noti tied by the State Government to act in some matters on its behalf or in its name;
(47) " Relevant Municipal Law" means any law framed by a Municipal Corporation or a Municipal Council:
( 48) "Rules" means mies made under this Act;
(49) "Schedule" means a Schedule appended to this Act;
(50) "Service" means the Chhattisgarh Fire and Emergency Services established and maintained under this Act;
(51) "State" means the State of Chhattisgarh;
(52) "State Rules" means rules made under Article 309 of the Constitution oflndia by the State Government;
(53) "Station Fire Officer" is a person appointed under sub-section 4 of Section 9 of this Act;
(54) "Sub Divisional Magistrate" means an officer of the Government appointed as Sub Divisional Magistrate under Sub-Section (4) of Section 20 of the Code of Criminal Procedure, 1973 (2 ofl 97 4 );
(55) "Subordinate Operational Staff" includes every member of the Fire and Emergency Service of the rank of fireman, leading fireman, driver and any other equivalent rank.
CHAPTER II 600 (31) ORGANIZATION, SU PERJNTENDENCE, CONTROL AND MAJ~TENANCE OF THE FIRE AND EMERGENCY SERVICE There shall be one Fire and Emergency Service for the whole of the State and all officers and subord inate ranks of the Fire and Emergency Service shall be liable for posting to any branch of the Fire and Emergency Service:
Provided that, the Government may, by notification in the Official Gazette, declare any Fire Brigade or any other local Fire Brigade or any other local Fire and Emergency Services of any local authority of the State, by whatever name called, that the same shall form or shal l not form the part of the State Fire and Emergency Services at any time:
Provided further that this position shall not apply to the private Fire and Emergency Services maintained for providing fire protection coverage_ to a specific building or industry by the owner or occupier thereof.
Notwithstanding anything contained in this Act or any other law for the time be ing in force relating to the Local Authority, the Government may, by notification in the Official Gazette, declare the services relating to any fire brigade or fi re prevention a part of the State Fire and Emergency Services with effect from such dates as may be specified in the notification.
One Fire and Emergency Service for the whole of the State.
600 (32) 0mlfl'I~ (~, ~ 18~ 2018 Auxilia ry Fire and 4.
Emergency Service.
C rea tion of Fire Stations. 5.
S uperin tendence o f Fire 6.
and E mergency Service to vest in the Government.
Constitution and 7.
C lassi fication o f Fire and E mergency Service.
Appointment of Director 8.
General of Fire a nd Emergency Service.
(3) Upon such declaration under the sub-section (2), - {I)
(2) ( I) ( i) all proceedings pending before any Fire Officer, immediately before the declaration, shall be deemed to be a proceeding pending before him in his capacity as the holder of the office.
(ii) all assets, rights and liabilities re lating to the Local Fire and Emergency Services of such Local Authorities shal l stand transferred to the State Fire and Emergency Services, subject to such terms and conditions as the Government may deem fit;
(iii) The Government may take such other necessary actions as it deems fit.
Whenever it appears to the Government that it is necessary to augment the Fire and Emergency Service, they may ra ise an aux ii iary service by enrolment of volunteers for such area and on such terms and conditions as per ru les.
The Government shall create Fire Divisions, Fire Districts, Fire Sub-Divisions and Fire Stations so as necessary, to increase the reach of the Fire and Emergency Serv ices up to rural areas.
The superintendence of and control over the Fire and Emergency Services throughout the State shall vest in the Government and the Fire and Emergency Services shall be administered by the Government in accordance w ith the provisions of this Act and rules made thereunder, through such Fire Officers as the Government may, from ti me to time, appoint in this behalf.
Subject to the provisions of this Act, the Fire and Emergency Service shall consist of such number of staff in such ranks, and have such organ izations and have such powers, functions and duties as the Government may, by general or special order, determine.
The Government may prescribe by rules, - different posts of the Fire and Emergency Service;
the mode of recruitment of staff, g rade of post, qualifications, pay, a llowances and other conditions of service of the o fficers and other staff engaged there in and matters connected therewith.
The Fire and Emergency Services shall work under the direction and supervision of the State Government. The State Government sha ll appoint a Director General , who sha ll exercise such powers and perform such duties and other functions as are specified by or under this Act and such Director General shall be deemed to be a Fire Office r.
(2)
(3)
(4)
9. (1)
(2)
(3)
(4) (i)
(ii) (ii i)
(5) (i) (ii )
10. ( I) The Government may appoint or cost to appoint such other officers and staff as may be necessary from time to time to assist the Director General while exercising the powers or discharging the duties or fun ctions conferred under this Act or the rules made thereunder.
The jurisdiction of the Director General so appointed, shall extend to the entire State in matters relating to the Fire and Emergency Services.
Subject to the control, di rections and superintendence of the Government, the Director General sha ll exercise such powers and perform such duties as are conferred and imposed upon him by this Act or the ru les made thereunder.
The Government may constitute Fire Divisions and Fire Districts within the state.
The Government may divide such Fire Districts in to Fire Sub-Divis ions as deemed necessary and specify the Fire Stations in each Fire Division, Fire District and Fire Sub Division respectively.
The Government may modify the limits and extent of such Fire Divis ions, Fire Districts, Fire Sub-Divisions and Fire Stations, as may be necessary for administrative and operational efficiency.
The Government may appoint or cost to appoint for each,-
(a) Fire Divis ion, a person as the Divis iona l Fire Officer;
(b) Fire District, a person as the District Fire Officer;
(c) Fire Station, a person as the Station Fire Officer.
The qualifications for appointment and other terms and conditions of service of the Fire Officer, appointed under this sub-section shall be such as may be prescribed.
The Government may, by an order, direct a Local Authority or any other au thority, as the case may be, to appoint a person to be the Fire Officer.
Subject to the control, direction and superintendence of the Director General, Fire Officers appointed under sub-section
(4), shal l exercise such powers and perform such duties as are conferred and imposed upon him by th is Act or ru les or orde;.s made thereunder.
Without prej udice to the provisions of the above clause, in case of fire prevention and cl isaster, as the case may be, the Fire Offi cer shal l, for their jurisdiction, in case of any fire or emergency, act as Commanding Offi cer for that event and all other local or private Fire and Emergency Services engaged sh al I work under him.
Every Fire Officer be low the rank of Station Fire Officer shall, on enrolment or appointment receive a certificate issued under the seal of any officer authorized by the Government and shall be in such form as the Government may, by general or special order, prescribe.
600 (33) Constitution of Fire Divisions, Fire Districts, Fire Sub-Divisions and Fire Stations.
Issue of Certificate .
to Fire Officer.
600 (34) Effect of uspension or Fire 11.
Office r.
General Po, ers of the 12.
Director General.
Role of Volunteers in th£ 13.
Fire and Emergenc.y Service.
(2)
(3) (I)
(2)
(3)
(4) ( i)
(ii) (i ii) Thereupon, such person shall have the powers, functions and privilege as entrusted under this Act or rules and orders made thereunder.
A cenificate shall become null and void, when the person named therein ceases to belong to the Fire and Emergency Service or shall remain inoperative during the period such person is suspended from the Fire and Emergency ervice.
The powers. functions and privileges vested in a Fire Officer shall remain suspended wh ile such Fire Officer is under suspension from office:
Provided that notwithstanding such suspension, such person shall not cease to be a Fire Officer and shal l continue to be subject to the control of same authorities to wh ich he would have been if he had not been under suspension.
The Director General shall, subject to the superintendence and control of the Government, direct and regulate all matters of fire safety, firefighting equipment, machinery and appliances, training. observation of persons and events, mutual relations, distribution of duties, study of laws. orders and modes of proceedings and all matters of executive derail or the fulfillment of duties and maintenance of discipline of Fire Officers and members of the Fire and Emergency ervice under him, as per the state rules. The Director General shall function as I [ead of the Department and in addit ion to above shall exercise such powers and perform such duties and functions as may be conferred, imposed or allotted to him by or under the provisions of this Act or prescribed rules.
In order to encourage public pa11icipation in the Fire and Emergency Services, the Director General may enroll volunteers for such areas and on such terms and conditions as may be prescribed by the Government.
Every member enrolled under sub-section ( I) shal l, receive a certificate in the prescribed form ;
be vested with all or any of the powers. functions and privileges of a member of the service as are specially mentioned in the certificate; and be subject to the orders of the Director General or an officer nominated by him.
An) organization, institutions. Authority, agency or body, as peci tied by the Government, shall create a group of volunteers, who will operate in an emergency.
The vo lunteers shall be trained by the Fire and Emergency Training Center:
Provided that, the number of volunteers, their training and equipment shall be such as may be prescribed by the Director General. ,~ith the approval of Government:
Provided further that, volunteers will be equipped by their respective organizations.
I ~.
14. (I)
(2)
15. ( I )
(2)
(3)
(4)
16. ( I) Cl [APTER 111 FIRE PREVENTION AND SELF REGULATION The Governr:nent may, by notification in the Official Gazette, declare any class of premises or buildings or occupancy and pandals, which in its opin ion, is likely to cause a risk of fire.
The Government may, by notification in the Official Gazette, require owner or occupiers, or both, of premises or buildings or erectors of pandals, notified under sub-section (I), to take such fire prevention and fire safety measures as may be prescribed.
Notwithstanding anything contained in this Act, the erectors of panda ls shall be deemed to be self-regulators for taking fire prevention and fi re safety measures prescribed under sub-section (2) of Section 14.
The erector of a panda!, shall display at a prom inent place in the panda! a declaration in the prescribed form and under his own s ignature, to the effect that he has taken al l the prescribed fire prevention and fire safety measures therein.
It shal l be lawful for the Director General, nom inated Authority or any other Officer authorized by the Government in th is behalf, to enter and inspect a panda! with a view to verify the correctness of the declaration so made by the erector under sub-section (2) and to point out the shortcomings, if any, with directions to remove them within a specified time. [ f the direct ions of the inspect ing officer are not complied with within the time so given, the inspecting officer shall seal the panda!.
Any erector of a panda! who falsely declares that he has compl ied with the prescribed fi re prevention and fire safety measlH·es in the panda! shall be deemed to have committed an offence pun ishable under Section 50 of this Act.
Where a notification has been issued under Section 14, it shall be lawful for the Director General or any officer of the Fire and Emergency Service authorized by the Government in thi s behalf, to direct the removal of encroachments or goods likely to cause a risk of fire or any obstruction to fi refighting, to a place of safety, and on fa ilure of the owner, occupier or erector, as the case may be, to do so, the Director General or such officer may, after giving the owner or occupier or erector, as the case may be, a reasonable opportunity of making representation, report the matter to the Sub-Divisional Magistrate, in whose territorial juriscj iction the prem ises or building or panda! is s ituated, requesting to adjudicate the matter:
Provided that, where the Director General or the Authorized Officer considers such encroachments or objects or goods to be an imminent cause of risk of ti re or obstruction to t1 refighting, he may direct the owner or the occupier or erector of such premises or bu ilding to remove the encroachment or objects or goods forthwith and repo1t the matter to the Sub-Divis ional Magistrate accordingly.
600 (35) Preventive Measures.
Fire Prevention and Fire Sa fety measures in pandals to be self-regulatory.
Removal of encroachments, objects or goods likely to cause a risk of fire or any obstruction to fire fighting.
600 (36) Powers of members of the 17.
Fire and Emergency Serv ice on occasion o f fire and/or rescue.
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(i) On receipt of a report under sub-section (I), the Sub Divis ional Magistrate shall give, by means of a not ice served in such manner as he may think fit, a reasonable opportunity of showing cause against the remova l of encroachment or . objects or goods likely to cause a risk or obstruction to firefighting.
After giving the owner or occupier or erector, as the case may be, a reasonable opportunity of making a representation under sub-section (2), the Sub-Divisional Magistrate may make an order to seize, detain or remove such encroachments or objects or goods.
The person charged with the execution of the order as made in sub-section (3) shall forthwith make an inventory of the objects and goods, which he seizes under such order, and shal l, at the same time, give a written notice as may be prescribed in this behalf, to the person in possession thereof at the time of seizure, that the said objects or goods wi ll be sold as therein mentioned if the same are not claimed with in the period stipulated in the said notice.
On the failure of the person, in whose possession the objects or goods were at the time of seizure, to claim the seized goods pursuant to notice given under sub-section (4), the Sub-Divisional Magistrate shall se ll them by public auction.
Any person aggrieved by any notice or order of the Sub Divisional Magistrate may, with in thirty days from the date of receipt of such order, prefer an appeal to the District Magistrate or an Additional District Magistrate nominated by him.
An appeal under sub-section (6) shall be made in such form and with such fees as may be prescribed and shall be accompanied by a copy of the notice or order appealed against.
An order passed in an appeal under sub-section (7) shall be final.
On the occasion of fire rescue in any area in which this Act is in force, any member of the Fire and Emergency Service, who is in charge of firefighting operations on the spot may,- remove, or order any other member of the Fire and Emergency Service to remove, any person who by his presence interferes or impedes with the operation for extinguishing the fire or for saving li fe or property;
(ii) close any street or passage in or near which a fire is being fought and/or rescue work is in progress;
(iii) for the purpose of ext inguish ing fire and carrying out rescue operations, break into or through or pu ll down. any premises for the passage of hose or appliances or cause them to be broken into or through or pulled clown, doing as li ttle damage as poss ible;
18.
19. ( 1)
(2)
(3)
20. ( I ) 'i.foilwl~~. ~ 1s.:wffi'!201 s
(iv) require the authority in charge of water supply in the area to regulate the vvater mains so as to provide water at a specified pressure at the place where fi re has broken out and uti I ize the water of any stream, cistern, well or tank or of any available source of water, publ ic or private, for the purpose of extingu ishing or liniit ing the spread of such fire and carrying out rescue operations;
(v) exercise the same powers for dispersing an assembly of persons like ly to obstruct the firefighting operations, as it were an officer-in-charge of a police station and as if such an assembly were an unlawfu l assembly and shall be entitled to the same immunities and protections as such officer, in respect of the exercise of such powers;
(vi) arrest a person, who wi ll fully obstructs and hinders a Fire and Emergency Service personnel in firefighting and rescue operations and shall hand him over to a police officer or at the nearest pol ice station without de lay along with a brief note giving the ti me, date and reason of arrest; and
(vii) general ly take such measures as may appear to him to be necessary for extinguishi ng the fire or for the protection of life or property, or both.
Every owner and occupier or an association of such owners and occupiers of occupancies / buildings I premises , as prescribed by the Government, shall appoint Fire Safety Officers, in such numbers as may be prescribed, who sha ll ensure the compliance of a ll fire prevention and fire safety measures and effective operation thereof as provided in this Act and the rules made thereunder.
If any owner or occupier or an association of such owners and occupiers of a building or premises fai Is to appoint Fire Safety Officers under Section 18 within thirty days of the receipt of a notice given in this behalf by the . Director General or the Nominated Authority, as the case may be, each one of them shall be deemed to be in default jointly and severally.
When the person liable for appointment of such Fire Safety Officers is deemed to be in default, such sum not less than ten rupees per square meter and not exceed ing fifty rupees per square meter of area owned/ occupied by him including the common areas in the premises as determined by the Director General, may be recovered from him by way of penalty for each month of default or part thereof.
The amount due as penalty under sub-section (2) shall be recovered as an arrears of land revenue.
Notwithstanding the provisions of any law or the rules or bye-laws made under the National Building Code, Oil Industry Safety Directorate Guidel ines, the Petroleum Act, 1934 (No. 30 of 1934) and Rules, the Explosives Act, 1884 (No. 4 of 1884) and Rules of India relating to fire prevent ion, the owner or occupier, of a building/hazardous installation or part of any such building/ installation shall provide tire prevention measures in such bui lding or part thereof, minimum firefighting installations as prescribed 600 (37) Appointment of Fire Safety Officer.
Penalty in case of default or non-appointment of Fire Safety Officers.
Owner o r O ccupiers' liabi li ty to provide Fire Preven tion Measures, 600 (38)
(2)
(3)
(4)
(5)
(6) • Calling of returns, reports, 21.
sta tements, etc.
Fire Officers deemed to be 22.
a lways on duly a nd lia ble to employment in any part of the Sta te.
~fa11w1cn~. ~ 18 ~ 201 8 under sub-section (2) of Section 14 in such building; and the owner or occupier shall maintain the fire prevention systems in efficient condition at all times, as per rules.
Notwithstanding anything contained in any law for the time being in force. no Authority empowered to sanction the construction plan of any bu ild ing or part ofa build ing and to issue ce11ificate of completion thereof, shall issue any certificate of completion or pa11 completion thereof, unless it is satisfied that the owner has complied with the measures prescribed under sub-section (2) of Section 14.
The owner or occupier, as the case may be, of premises or buildings notified under sub-section (2) of Section 14, shall furnish to the Director General, or the Nominated Officer, a ce11ificate regarding the compliance of the prescribed measures in such form and procedure as may be notified by the Government.
No person shall tamper with, al ter, remove or cause any injury or damage to any fire prevention and life safety equipment in any such bui lding or part thereof or instigate any other person to do so.
Where a notificat ion has been issued, under sub-section (2) of Section 14, it shall be lawful for the Director General, or Nominated Officer, to direct the removal of objects or goods likely to cause the risk of fi re, to a place of safety and on failure by the owner or occupier to do so, the Director General or Fire Officer may, after givi ng the owner or occupier a reasonable opportunity of making a representation, seize, detain or remove such objects or goods.
The Director General, or ominated Officer, whi le performing his duties in lire-fighting operations or any other duties of seizure, detent ion or removal of any goods involving risk of fire, may requ ire the assistance of police or members of the police force as an aid in performance of such duties then it wil l be the duty of the police of all ranks or such members to aid the Director General or such fire officer in the execution of their duties under this Act.
CHAPTER IV CONTROL AND DISCIPLINE OF FIRE AND EM ERG ENCY SERVICE The Government may call for such returns, repo11s or statements on any subject connected with fire prevention and fire safety, the maintenance of order and the performance of duties from the Director General, Fire Officers, operational members, members and subordinate operational staff, and the same shall be immediately furnished.
Every Fire Officer shall , for all purposes of this Act, be deemed to be always on duty <1 ncl any fire officer or any member or crew of fire officers allocated for duty in any part of the State may, if the Director General so directs. at any time, be employed on turn out duty in any other part of the State for so long as the services of the Fire Officer or any member or crew of Fire Officers may be requi red in such other part of the state
23.
24.
25. (I) Without prejudice to the provisions of any other law on the subject for the time being in force, the Government may, by notification in the Official Gazette, declare the Fire and Emergency Service to be an essential service to the community for such' period as may be notification.
Notwithstanding any action which may be taken under the provis ions of this Act, any member of the Fire and Emergency Service, who-
(i) is found to be guilty of any vio lation of duty or willful breach of any provision of th is Act or any ru le or order made thereunder; or
(ii) is found to be guilty of cowardice; or (i ii) withdraws or abstains from the duties of his office without pennission or without having given previous notice for fifteen days or more; or
(iv) being absent on leave, fa ils without reasonable cause to report himself for duty on expirat ion of such leave; or
(v) accepts any other employment or office engages himself in business in contravention of the provision of the rules, Shall be punishable with imprisonment which may extend to three months or with fine which may extend to an amount not exceeding three months' pay of such member, or with both, in addition to any departmental administrative action he may be subject to.
No Member of the Fire and Emergency Service s ha ll, without the previous sanct ion in writing of the Government or of the Prescribed Authority,-
(i) be a member of, or be assoc iated in any way with, any union, labour un ion, political association or with any class of trade union, labour union or pol itical association;
(ii) be a member of, or be associated in any way with, any social institution, assoc iation, or organization that is not recognized as a part of the fire and emergency service or is not pure ly of a soc ia l, technical, recreationa l or re ligious nature; or ( ii i) communicate with the press or publ ish or cause to be published any book, letter or other document except where such commun ication or publication is in the bonafide discharge of his duties or is of a purely literary, art istic or scientific character.
Explanation.- If any question arises as to whether any · society, institution, associat ion, or organization is of purely social, technica l, recreational or re ligious nature under clause II of this sub-sect ion, the decision of the Government thereon sha ll be fina l.
600 (39) Declaration of Fire and Emergency Service to be a n essential service to the community.
Penalty for v iolation of Duty.
Restrictions respecting right to form associa tion.
600 (40) ,jffiltill~~. ~ 18Wffi! 20 18 Levy of Fire Tax. 26.
Mode of assessment, 27.
collection, etc. of Fire Tax.
Constitution of fund. 28.
Fee on deploy ment o f Fire 29.
and Eme ,·i ency Service beyond the limits o f the State.
(2) No member of the Fi re and Emergency Service shall participate in, or address, any meeting or take part in any demonstration organ ized by anybody or persons for any political purposes or for such other purposes as may be prescribed.
( I)
(2) ( I)
(2)
(3)
(4) ( I)
(2)
CHAPTER V LEVY OF FIRE TAX, FEE AND OTHER CHARGES The Government may levy a Fire Tax (not more than I 0% of the annual property tax) on lands and bui ldings which are situated in any area in which this Act is in force and on which property tax by whatever name called is levied by any Local Authority in that area and this sha ll be levied and collected as prescribed.
The authorities empowered to assess, collect and enforce payment of property tax under the law authorizing the Local Authority of the area to levy such tax shall, on behal f of the Government and subject to any rules made under this Act, assess, col lect and enforce payment of the Fire Tax in the same manner as the property tax is assessed, paid and collected; and for this purpose, they may exercise all or any of the powers they have under the law aforesaid and the provisions of such law including provisions relating to returns, appeals, reviews, reference and penalties shall apply accordingly.
The proceeds of the Fire Tax collected under this Act. shall be paid to the Government in such manner and at such in tervals as may be prescribed.
There shall be constituted a fund to be known as the ·'Fire Prevention and Life Safety Fund".
The proceeds of fi re fees, charges and penalties, other than fines, recovered under th_is Act, shall be credi ted to this fund.
The Government will formulate ru les for the operation of this Fund.
Fees for services render by the Fire and Emergency Service for issuing a no objection ce11ificate, conducting a fi re aud it and any other fire service shall be charged as a fee in the manner as may be prescribed by Government and credited to th is fund.
Where members of the Fire and Emergency Serv ice are sent beyond the lim its of any area in wh ich this Act is in force, in order to extinguish a fi re in the neighborhood of such limits on the request of any State Government or loca l body or Fire and Emergency Service Authority, they shall be liable to pay such fee as may be prescribed by the Government from time to time in this behalf.
The fee referred to in sub-section ( I) shall be payable withi n one month of the service of a notice of demand by the Director Genera l or the State Government or local body or Fire and Emergency Service Authority, as the case ma1 be, and if it is not paid within that period, shall be recoverable as an arrear of land revenue.
30.
3 1.
32.
33. ( I)
(2)
(3)
(4)
(5) The Director General may, with the previous sanction of the Government, enter into an agreement with any Fire and Emergency Service or Authority which ma intains the said Fire and Emergency Service, beyond the limits of any area in which this Act is in force, for providing personnel or equipment or both;for firefighting purpose, on such terms as may be provided by or under the agreement on rec iprocal basis in public in terest.
The Director General may, with the previous sanction of the Government, enter into arrangements with any person or organization, -who employees and maintains personnel or equipment or both, for firefighting purposes, to secure, on such terms, as to payment or otherwise as may be provided by or under the arrangement, the provision by that person or organization for assistance for the purpose of dealing with fire occurring in any area in which this Act is in force No fee shall be levied on any building vested in or under the control or possession of the Government or any authority owned by the Government.
CHAPTER VI Reciprocn l arrangement Fire and Services.
Power of General to arrangement assis tance.
600 (4 1) fire- fighting with other Emergency the Director enter into fo r Tax Exemptions fo r Govern ment Bu ild ings.
SPECIAL PROVISION FOR THE FIRE PROTECTION AND FIRE SAFETY MEASURES IN CERTAIN BUILDINGS AND PREMISES IN THE STATE The Director General, or Nominated Officer, shall conduct inspection of any building on receipt of information from any source including newspaper reports, regarding inadequacies of fire prevention and live safety measures apprehending danger to the inmates, the members of publ ic and workers. During such inspection, if it is found that there are inadequacies of prescribed fire safety or life safety measures, the Director General, or Nominated Officer, may recommend to the Appropriate Authority for cancellation of the ir business/trade licenses/registration with immediate effect.
The Director General, or the Nominated Officer, shal I be provided with all possible assistance by the owner or occupier, as the case may be, of such place or building or part thereof for carrying out the inspection under sub-section ( I).
The owner or occupier or any other person empowered shall not obstruct or cause any obstruction to the entry of a person empowered or authorized under th is section into or upon any land or building.
Where the inspection is carried or part by the Nominated Officer under the preceding provision of this section, he shall give a report of any such inspection to his superior Fire Officer.
The Nom inated Officer shall , after comp letion of the inspection of the place or bu ilding or part thereof under sub section ( 4), record his views on the deviation from or the contraventions o f-: the requirements with regard to fi re prevention and li fe safety measures or the inadequacy or non -comp I iance of such measures provided or to be provided therein, with reference to the height of the building or the Power of entry fo r inspection and reco mmendations fo r cancellation of Licenses.
600 (42) Appeit ls.
Pena lties for violation of provisions of Section 33.
Deployment to other itrca.
34.
35.
36.
Employ ment on other 37.
duties.
Liability or property owner 38.
to pa;v compen ation.
( I )
(2)
(3) nature of activities carried on in such place or building or part thereof, and issue a notice to the owner or occupier of such building or part thereof. directing him to undertake such measures with in such time as may be specified in the notice.
Any person aggrieved by any notice or order of the ominated Authority, issued or made under this Chapter, may prefer an appeal against such notice or order to the Appellate Authority within thirty days from the date of receipt of the notice or order appealed against:
Provided that. the Appel late Authority may entertain an appeal after the expiry of the said period of thirty days, if he is satisfied that there was sufficient cause for not filing it within that period.
An appeal to the Appellate Authority shall be made in such form and shal l be accompanied by a copy of the notice or order appealed against and by such fees as may be prescribed by the Government.
An order of the Appellate Authori ty on an appea l under sub section (I) shall be final.
Whoever contravenes any provis ions of this Chapter sha ll, without prejudice to any other act ion taken against him under this Act and rules made thereunder, be punishab le with imprisonment for a term which may extend to six months, or with fine which may extend to fi fly thousand rupees, or with both and where the offence is a continuing one with a further fi ne wh ich may extend to thousand rupees for every day after the first during which such offence continues.
CHAPTER VII MISCELLANEOUS The Director General or any Fire Officer authorized by the Government in th is behalf may, on the occasion of a fire or other emergency in any neighboring area in wh ich this Act is not in force, order the dispatch of the members of the Fire and Emergency Service wi th necessary appliances and equipment to carry out fire fighting operations in such neighboring area and thereupon, all the provisions of this Act and the rules made thereunder, sha ll apply to such areas during the period of fire emergency or during such period as the Director General may specify on such charges as may be prescribed from time to time.
It shall be lawful for the Government, or any officer authorized by it in this behalf, to employ the Fire and Emergency Service in any rescue, salvage or other works for wh ich it is suitable by reason of its tra ini ng. appl iances and equipment.
Any person, whose property catches fi re on account of an action of his own or of his agent done deliberately or negligently. shall be liable to pay compensation to an) other person suffering damage to his property.
·~
39.
40. ( 1)
(2)
(3)
(4) .
4 1. (1) The Director General, or any Nominated Authority may, for the purpose of discharging his duties under this Act, requi re the owner or occupier of any building or other property as may be speci fi ed to supply information with respect to the character of such "building or other property as may be specified, the avai lable water supplies and means of access there-to any other material pai1iculars, and such owner or occupier shall furnish al l the information in his possession.
The Nominated Authority or any Fire Officer authorized by general or special order in th is behalf may enter any of the places specified in any notification issued under sub-section
(2) of Section 14 for the purpose of determining whether prevention and safety meas ures against fire required to be taken on such place have been so taken.
The Nom inated Authority, or the authorized Fire Officer, shall after the completion of the inspection of the building or premises under sub-section (I), record its views on the deviations from or the contravention of, the notification issued under sub-section (2) of Section 14 with regard to the fire prevention and fire safety measures and the inadequacy of such measures provided therein with reference to the occupancy of the building or the nature of activ ities carried on in such building or premises and issue a notice to the owner or occupier of such building or premises di recting him to unde11ake such measures as may be specified in the notice.
The Nominated Authority shall also give a repo11 of any inspection made by it under sub-section ( I) to the Divisional Fire Officer.
Save as otherwise expressly provided in this Act, no claim shall lie against any person for compensation for any damage necessarily caused by any entry made under sub-sec.tion ( I).
Where, on receipt of a report from the Nominated Authority under sub-section (4) of Section 33 or sub-section (3) of section 40, or suo-moto, it appears to the Di rector General , that the cond ition of any building or premises is dangerous to life or prope11y, the Director General shall , wi thout prejudice to any action taken under this Act, by order, require the person in possession or occupation of such bui lding or premises to remove themselves from such bui lding or premises forthwith .
If an order made by the Director General under sub-section ( I) is not complied with, the Director General may direct any pol ice officer having jurisdiction in the area to remove such persons from the bui lding or premises and such officer shall comply with such directions.
600 (43) Power to obta in in fo rma tion.
Power of entry.
Power to seal buildings or prern ises.
600 (44) Water Supply During an Emergency.
42.
No compensation for 43.
interruption of water supply.
Compensation for water. 44.
Requisition of Fire fighting 45.
property.
Police officers and others 46.
to a id.
Fai lure to take 47.
precautions.
Penalty for willfully 48.
obstru cting fire-fightin g and rescue operations.
(3)
(4)
(5)
(6) 0rn1~-fl1~~. ~ 18 Wffi'! 2018 After the removal of the persons under sub-section (I) or sub-section (2), as the:: case may be, the Director General shall sea l the bui lding or premises.
No person shall remove such seal except under an order made by the Director General.
Any person, who removes such seal, except under an order made by the Director General shall be punishable wi th imprisonment fo r a term wh ich may extend to three months, or with fine which extend to twenty five thousand rupees, or with both.
The powers of the Director General under th is Section may be exercised by any Fire Officer authorized by the Government.
It shall be lawful for the Fire Officer to draw water from any source in the area, which he consiclers necessary during fire fighting operations and on such occasions as may be required and the authority or owner or occupier having control over such water source shall supply water for that purpose at such rates as may be prescribed.
No authority in charge of water supply in any area shall be liable to any claim for compensation for damage by reason of any in terruption of supply of water occasioned only by com pliance of such authority with the requirement specified in clause ( iv) of Section 17.
No charge shall be made by any Local Authority for water consumed in fire fi ghting operation by the Fire and Emergency Service.
Where the Director General or Nominated Officer, who is in-charge of a fire-fighting or any emergency operation, requires fire-fighting equipment and appliance or prope11y of any other Authority or any institution or individual, he may, by order, requisition such equipment or property for the purpose of ext inguishing fire or any other emergencies in any area and take possession thereof from the Authority or any institution or individual, as the case may be.
Every police officer, government and private agency or person is bound to assist the members of the Fire and Emergency Service reasonably demanding his or its a id in the execution of their duties under th is Act.
Whoever fa ils without reasonable cause to comply with any of the requirements specified in a notification issued under sub-section (2) of Section 14, shall be pun ishable with fin e wh ich may extend to one thousand rupees or with imprisonment for a term which may extend to three months.
or with both and where the offence is a continu ing one, with a fu rther fine which may extend to tive hundred rupees for.
every day afte r· the first during which such offence continues.
Any person, who willfully obstructs or interferes wi th any member of the Fire and Emergency Service, who is engaged in fi re figh ting operations. · shall be punishable wi th
49.
50.
51. (!)
52.
53.
54.
55.
imprisonment for a term wh ich may extend to three months, or with fine wh ich may extend to five thousand rupees, or with both.
Any person. who knowingly gives, or causes to be given. a false report of the outbreak of a fi re to any person authorized to receive such report by means of a statement, message or otherwise, shall be punishable with imprisonment which may extend to three months or with fine which may extend to one thousand rupees, or with both.
Whoever contravenes any provision of this Act or of any rule or notification made thereunder, sh al I without prej ucl ice to any other action taken against him under this Act and the rules made thereunder, be punishable with imprisonment for a term which may extend to three months, or with fi ne which may extend to ten thousand rupees or with both and where the offence is a continuing one with a fu rther fin e which may extend to five hundred rupees for every clay after the first during which such offence continues.
Any offence committed after the commencement of this Act punishable under Sections 15, 20, 24, 35, 38, 4 1, 47, 48, 49 and 50 or any rule made under this Act, may either before or after the insti tution of prosecution, be compounded by such officers of the Fire and Emergency Service and for such amount as the Government may, by notification in the Official Gazette, specify in th is behalf:
Provided that, no offence shal I be compoundable which is comm itted by fai lure to comply with a notice, order or requisition issued by or on behalf of the Government or of any of the officers authorized under this Act until the same has been complied with so far as the compliance is possible.
(2) Where an offence has been compounded under sub section ( I), the offender, if in custody, shall be discharged and n~ further proceedings shall be taken against him in respect of such offence.
Notwithstanding anything contained in any other law or act, no court inferior to the District Court, shall entertain any suit, application or other proceedings in respect o f any notice or order issued under this Act and no such notice or order shall be called in quest ion otherwise than by preferring an appeal under this Act.
No court shall take cognizance of an offence under this Act, except on the complaint of, or upon inform ation received from, the Director General or the Officer authorized by hi m in th is behalf.
No court inferior to that of a Judicial Magistrate First Class, shall try an offence punishable under this Act.
No suit , prosecution or other legal proceeding shall lie against any person for anythi ng which is in good faith clone or intended to be done in pursuance of this Act or any rules made thereunder.
600 (45) False report.
General provision for punishment for offence.
Compounding of offences.
Bar of jurisdiction of Court.
Cognizance of Offence.
Jurisdiction.
Protection of action taken in good faith .
600 (46) Officers to be pu blic serva nts.
Offences and Penalties.
O ffence by companies.
Power to make rules.
56.
57.
58. ( I)
(2)
59. ( I)
(2) Every officer acting under the p:-ovisions of this Act shall be deemed to be a public servant within the meaning of Section '.2 I of the Indian Penal Code ( 45 of I 860).
Whoever contravenes any provision of th is Act is I iable for penalties prescribed under this Act and rules made thereunder.
Where an offence under this Act has been commined by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shal l be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accord ingly:
Provided that, nothing contained in this sub-section shall render any such person liable to,any punishment if he proves that the offence was committed without his knowledge or that he had exercised all clue diligence to prevent the commission of such offence.
Notwithstanding anything contained in sub-section (I), where any offence under this Act has been commirted by a company and it is proved that the offence has been committed with the consent or connivance ot: or is attributable to any neglect on the part, of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.- For the purposes of this section - I. 'Company' means a body corporate and incl udes a firm or other associat ion of individuals; and ll. Director in relation to a partnership, means a partner in the firm.
The Government may by notification in the Official Gazette, make rules for carrying out the provisions of this Act.
In particular, and without prejudice to the general ity of the foregoing power, such rules may provide for,-
1. recruitment, pay, allowances and all other conditions of service of the members of the State Fire and Emergency Service;
11. constitution of Fire Divisions comprising such numbers of Fire Districts under of Section 9:
111. constitution of Fire Districts, comprising such numbers of Fire Stations under Section 9:
IV. form of certificate to Fire Officers under sub-section ( I) of ection 10:
V. purpose of meetings or demonstrations under sub section (2) of Section 25; .
VI. mode of assessment, col lection and enforcement of payment of Fire Tax levied under Section 27;
VII. manner in which Fire Tax collected under Section 27 shall be paicj to Government;
VI i I. fee on deployment or Fire and Emergency Service beyond the limits of the State under sub-section ( I) of Section 29 and/or to other areas under Section 36;
IX. fee for the services of rendered by the Fire and Emergency Service under sub-section (4) of Section 28;
X. terms for reciprocal fire-fighting arrangements with other Fire and Emergency Services under Section 30;
XI. the min imum standards for fire prevention and fire safety measures for the purpose of sub-section (2) of Section 14;
Xll. form of declaration under sub-section (2) of Section 15;
XII I. form of notice under sub- section ( 4) of Section 16;
XIV. form of appeal and fees under sub-section (7) of section 16 and sub-section (2) of Section 34;
XV. officers of the Fire and Emergency Services, and the amount for compounding of offences under sub section (I ) of Section 5 1;
XVI. rules for the operation of the fire prevention and life safety fund under sub-section (3) of Section 28;
XV II. , constructing or providing fire stations or hiring places for accommodating the members of the Fire and Emergency Service and its firefighting appl iances;
XVIII. giving rewards to persons, who have given notice of fire and to those who have rendered effective service to the Fire and Emergency Service on the occasion of fire;
XIX. the tra in ing, disc ipline and good conduct of the members of the Fire and Emergency service;
XX. regu lating and controlling the powers, duties and functions of the Director General;
XX!. generally, for the maintenance of the fire and Emergency Service in a due states of efficiency;
XXII. regulating insta llat ion ofpandals and shamianas;
600 (47) 600 (48) Delegation of powers. 60.
Power to remove Difficulties.
61.
(3) ( I)
(2) . ( I)
(2) XX! 11. determining the description and quantity of fire fighting and rescue equi pment including appliances, clothing and other necessaries to be furnished to the Fire and Emergency Service;
XXIV. institution, management and regulation of any Fire and Emergency ervice fund for any purpose connected with policy administration;
XXV. assigning duties to Fire Officers of al l ranks and grades, and prescribing che manner in wh ich and the conditions subject to which, they shall exercise and perform their respecti ve powers and duties;
XXVI. any other matter which is required to be, or may be, provided by rules.
Every rule made by the Government under this Act shall be laid as soon as may be, before the House of the Legislative Assembly while it is in session for a total period of thitty clays wh ich may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immed iately fol lowing the sess ion or the successive sessions aforesaid, the House of the Legislative Assembly agrees in making any modifications in the rule or the House of the Legislative Assembly agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shal l be without prejudice to the val idity of anything previously done under that rule.
The Government or the Director General or any Fire Officer may, direct that any power exercisable by it under this Act shall , subject to such cond itions, if any, as may be specifi ed in the notification, be exerc isable by any of the officers of the Government or by the. Director General or by any Fire Officer.
The Director General may. by order, direct that any power conferred or any duty imposed on him by or under this Act shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercised and performed also by any officer of the Fire and Emergency Service speci fi ed in the order.
If any difficulty arises in giving effect to the provisions of this Act, the Government may, by an order published in the Official Gazette, make such provisions not incons istent with the provisions of th is Act, as may appear to it to be necessary or exped ient for removing the difficulty.
Every order made under this Section shall be laid. as soon as may be after it is issued, before the Legislative Assembly of State.
',.