(1) The nominated authority may, after giving three hours notice to the occupier , of if there be no occupier, to the owner of any building having such height as may be specified by rules framed under this Act or premises , enter and inspect the said building or premises at any time between sunrise and sunset where such inspection appears necessary for ascertaining the adequacy or contravention of fire protection and fire safety measures;
Provided that the nominated authority may enter into and inspect any building or premises at any time if it appears to it to be expedient and necessary to do so in order to ensure safety of life and property.
(2) The nominated authority shall be provided with all possible assistance by the owner or occupier, as the case may be, of the building or premises for carrying out the inspection under sub-section (1).
(3) when any building or premises used as a human dwelling is entered under sub-section (1) due regard shall be paid to the social and religious sentiments of the occupiers; and, before any apartment in the actual occupancy of any women who, according to the custom does not appear in public, is entered under sub-section
(1), notice shall be given to her that she is at liberty to withdraw, and every reasonable facility shall be afforded to her for withdrawing.
34. Measures for fire prevention and fire safety-
(1) The nominated authority shall, after the completion of the inspection of the building or premises under section 33 record its views or the deviations from or the contravention of the building bye-laws with regard to the fire prevention and fire safety measures and the inadequacy of such measures provided therein with reference to the height of the building or the nature of activities carried on in such building or premises and issue a notice to the owner or occupier of such building or premises directing him to undertake such measures as may be specified in the notice.
(2) The nominated authority shall also gives a report of any inspection made by it under section 33 to the Director.
35. Provision regarding certain building and premises-
(1) Notwithstanding anything contained in any other law for time being in force the Director or the nominated authority may enter and inspect any building, the construction of which was completed on or before the commencement of this Act or any building which was under construction on such date in such inspection appears necessary for ascertaining the adequacy of fire prevention and fire safety measures in such buildings.
(2) The entry and inspection under sub-section (1) shall be done by the Director or the nominated authority in the manner laid down in section 33.
(3) The Director or the nominated authority, as the case may be, shall, after inspection of the building or premises under sub-section (1), and after taking into consideration –
(j) the provisions of the building bye-laws in accordance with which the plan of this said building or premises was sanctioned.
(ii) The conditions imposed, if any, by the local authority at the time of the sanction of the plan of the said building or premises ; and
(iii) the minimum standards for fire prevention and fire safety measure specified for such building or premises as may be specified by rules framed under this Act, issue a notice to the owner or occupier of such building or premises stating therein the inadequacy in regard to the fire prevention and fire safety measures in it and direct the owner or occupier to undertake measures for rectifying the said inadequacy within the period as he may consider just and reasonable.
(4) The nominated authority shall also give a report of any inspection made by it under sub-section (1) to the Director.
36. Appeals -
(1) Any person aggrieved by any notice or order of the Nominated Authority or the Director issued or made under this chapter may prefer an appeal against such notice or order to the Appellate Authority within 30 days from the date of the notice or order appealed against;
Provided that the Appellate Authority may entertain an appeal after the expiry of the said period of 30 days if he is satisfied that there was sufficient cause for not filing it within that period.
(2) An appeal to the Appellate Authority shall be made in such form and shall be accompanied by a copy of the notice or order appealed against and by such fees as may be specified by rule framed under this Act.
(3) An order of the Appellate Authority on an appeal under sub-section (1) shall be final.
37. Penalties for violation of provisions of chapter VI- Whoever contravenes any provision of this Chapter shall, without prejudice to any other action taken against him under this Act and rules made there under, be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to fifty thousand rupees, or with both and where the offence is a continuing one with a further fine which may extend to three thousand rupees for every day after the first during which such offence continues.
CHAPTER - VII MISCELLANEOUS
38. Establishment of fire training institute –
(1) The Government may establish and maintain a fire training institute in Delhi to be known as the ‘ Fire Safety Management Academy’ for providing course of instruction in the prevention and extinguishment of fire for the fire service personnel and private candidates from industries, hotels, multi-storied buildings and similar others govt. and non-government establishment as specified in section -29.
(2) The Government may extend the training facilities at the academy to be established under sub-section (1) to the fire services under the control of local bodies and industrial undertakings as well as to the state fire services of other States on payment of charges as may be prescribed.
(3) Subject to the observance of the general rules applicable to other employees of the Government in relation to training , the members of the fire service may be given training in the field of scientific and modern techniques of fire protection and fire safety measures, and allied matters in any institute, within or out of India at the cost and expense of the Government for the administration of the provisions of this Act.
(4) A fire officer, who undergoes training as provided in sub-section (3), shall indemnify the Government to reimburse all such expense and costs, including the pay and allowance as may be paid to him during the course of training, if he does not serve the fire service for a stipulated tenure binding on him in this behalf.
39. Transfer to other area- The Director or any fire officer authorized by the Government in this behalf may, on the occasion of a fire or other emergency in any neighboring area in which this Act is not in force, order the dispatch of the members of the fire service with necessary appliances and equipment to carry out fire fighting operations in such neighboring area and there upon all the provisions of this Act and the rules made there under shall apply to such areas, during the period of fire emergency or during such period as the Director may specify on such charges as may be prescribed from time to time.
40. Employment on other duties- It shall be lawful for the Government or any office authorized by it in this behalf, to employ the fire service in any rescue, salvage or other works for which it is suitable by reason of its training, appliances and equipment.
41. Liability of property owner to pay compensation –
(1) Any person whose property catches fire on account of an action of his own or of his agent done deliberately or negligent shall be liable to pay compensation to any other person suffering damage to his property on account of any action taken under section 28 of this Act by an officer mentioned therein or any person acting under the authority of such officer.
(2) All claims under sub-section (1) shall be preferred to the Appellate Authority, within 30 days from the date when the damage was caused.
(3) The Appellate Authority, shall, after giving the party an opportunity of being hears, determine the amount of compensation due and pass an order stating such amount and the person liable for the same, and the order so passed shall have the force of a decree of a civil court.