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Section 42: Power to obtain information

Delhi Fire Service Act 2007Union territory Act of Delhi · Act 5362 of 2009

The Director or any fire officer, authorized by general or special order in this behalf may, for the purpose of discharging his duties under this Act, require the owner or occupier of any building or other property as may be specified to supply information with respect to the character of such building or other property as may be specified, the available water supplies and means of access thereto any other material particulars, and such owner or occupier shall furnish all the information in his possession.

43. Power of entry –

(1) The nominated authority may enter any of the places specified in any notification issued under sub-section (1) of section 25 for the purpose of determining whether, preventive and safety measures against fire required to be taken on such place have been so taken.

(2) The nominated authority shall, after the completion of the inspection of the building or premises under sub-section (1) record its views on the deviations from or the contravention of, the notification issued under sub-section (2) of section 25 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 activities carried on in such building or premises and issue a notice to the owner or occupier or such building or premises directing him to undertake such measures as may be specified in the notice.

(3) The nominated authority shall also give a report of any inspection made by it under sub-section (1) to the Director.

(4) 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-section (1)

44. Power to seal buildings or premises –

(1) Where, on receipt of a report from the nominated authority under subsection (2) of section 34 or sub-section (4) of section 35 or sub-section

(3) of section 43, or suo-moto, it appears to the Director that the condition of any building or premises is dangerous to life or property, he shall, without prejudice to any action taken under this Act, by order, require the person in possession or occupation of such building or premises to remove themselves from such building or premises forthwith.

(2) If an order made by the Director under sub-section (1) is not complied with, the Director may direct any police officer having jurisdiction in the area to remove such persons from the building or premises and such officer shall comply with such directions.

(3) After the removal of the persons under sub-section (1) or sub-section

(2), as the case may be, the Director shall seal the building or premises.

(4) No person shall remove such seal except under an order made by the Director.

(5) Any person who removes such seal except under an order made by the Director, shall be punishable with imprisonment for a firm which may extend to twenty five thousand rupees, or with both.

45. Compensation of water - No charge shall be made by any local authority for water consumed in fire fighting operations by the fire service.

46. No compensation for interruption of water supply - No authority in charge of water supply in any area shall be liable to any claim for compensation for damage by reason of any interruption of supply of water occasioned only by compliance of such authority with the requirement specified in clause (d) of section

28.

47. Police officers and others to aid - Every police officer, government and private agency or person is bound to assist the members of the fire service reasonably demanding his or its aid in the execution of their duties under this Act.

48. Failure to give information - Any person who without just cause fails to communicate information in his possession regarding an outbreak of fire shall be deemed to have committed an offence punishable under the first part of section 176 of the Indian Penal Code, 1860 ( 45 of 1860).

49. Failure to take precautions - Whoever fails without reasonable cause to comply with any of the requirements specified in a notification issued under subsection (1) of section 25 or of a direction issued under sub-section (2) of that section shall be punishable with fine which 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 continuing one with a further fine which may extend to five hundred rupees for every day after the first during which such offence continues.

50. Penalty for willfully obstructing the fire fighting rescue operations - Any person who willfully obstructs or interferes with any member of the fire service who is engaged in fire fighting operations, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five thousand rupees, or with both.

51. False report - Any person who knowingly gives or causes to be given a false report of the outbreak of a fire to any person authorized to receive such report by means of a statement, message or otherwise shall be punishable with imprisonment which may extend three months or with fine which may extend to one thousand rupees , or with both.

Where this provision sits

ActDelhi Fire Service Act 2007
Section42
Marginal notePower to obtain information
JurisdictionUnion territory of Delhi
StatusIn force as published by the source

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