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Section 63: Power to make rules

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

The Govt. may by notification in the Official Gazette, make rules for carrying out the provisions of this Act.

(2) In particular , and without prejudice to the generality of the foregoing power, such rules may provide for -

(a) recruitment to, and the pay, allowances and all other conditions of service of the members of the Delhi Fire Service under clause (b) of section 5;

(b) constitution of fire division comprising such numbers of fire subdivisions under clause (b) of section 9;

(c) constitution of fire sub-division comprising such numbers of fire stations under clause (b) of section 9;

(d) form of certificate of appointment and fire officer under whose seal such certificate of appointment shall be issued under sub-section (2) of section 10;

(e) purposes of meetings or demonstrations under sub-section (2) of section 19;

(f) mode of assessment, collection and enforcement of payment of fire tax levied under section 21;

(g) manner in which fire tax collected under section 21 shall be paid to Government

(h) fee on deployment of fire service beyond the limits of Delhi under sub-section (1) of Section 22 and under section 39;

(i) terms for reciprocal fire fighting arrangements with other fire services under section 23;

(j) the minimum standards for fire prevention and fire safety measures for the purposes of sub-section (2) of section 25, section 32 and clause (iii) of sub-section (3) of section 35;

(k) form of declaration under sub-section (2) of section 26;

(l) form of notice under sub-section (4) of section 27;

(m) the height of the building under sub-section (1) of section 33;

(n) form of appeal and fees under sub-section (7) of section 27 and subsection (2) of section 36;

(o) charges for extending training facilities at Fire Safety Management Academy to others under sub-section (2) of section 38;

(p) officers of the fire service, and the amount for compounding of offences under sub-section (1) of section 54.

(q) making available to the fire service with such, appliances and equipment as it deems proper;

(r) the adequate supply of water to securing that it shall be available for use;

(s) constructing or providing fire stations or hiring places for accommodating the members of the fire service and its fire fighting appliances.

(t) giving rewards to persons who have given notice of fires and to those who have rendered effective service to the fire service on the occasion of fires;

(u) the training, discipline and good conduct of the members of the fire service.

(v) Speedy attendance of members of the fire service with necessary appliances and equipment on the occasion of any alarm of fire;

(w) regulating and controlling the powers, duties and functions of the Director

(x) generally, for the maintenance of the fire service in a due state of efficiency;

(y) regulating installation of pandals and shamianas;

(z) writing of confidential reports of fire officers

(za) determining the description and quantity of fire fighting and rescue equipment including appliances clothing and other necessaries to be furnished to the fire service.

(zb) institution, management and regulation of any fire service fund for any purpose connected with policy administration;

(zc) assigning duties to fire officers of all ranks and grades, and prescribing the manner in which and the conditions subject to which, they shall exercise and perform their respective powers and duties;

(zd) generally, for the purposes of rendering the fire service efficient and preventing abuse or neglect of their duties ; and

(ze) any other matter which is required to be, or may be, provided by rules.

(3) Every rule made the Government under this Act shall be laid as soon as may be after it is made before the House of the Legislative Assembly of Delhi while it is in session for a total period of 30 days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session 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 there after 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 shall be without prejudice to the validity of anything previously done under that rule.

64. Delegation of powers -

(1) The Government. may by notification in the Official Gazette direct that any power exercisable by it under this Act shall, subject to such conditions, if any, as may be specified in the notification be exercisable by any of the officers of the Government

(2) The Director 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 service specified in the order.

65. Repeal and savings - As from the date of the commencement of this Act –

(a) the United Provinces Fire Service Act, 1944 ( U.P. Act No.3 of 1944 ) as extended to Delhi shall stand repealed.

(b) The Delhi Fire Prevention and Fire Safety Act, 1986 ( 56 of 1986) shall stand repealed;

(c) The Delhi Fire Service ( Subordinate Services ) Rules, 1945 framed under clause (b) of sub-section (1) and clause (b) of sub-section (2) of section 241 of the Govt. of India Act, 1935 shall stand repealed;

Provided that such repeal shall not be deemed to limit, modify or derogate from the general responsibility of any local authority-

(a) to provide and maintain such water supply and fire hydrants for fire fighting purposes as may be directed by the govt. from time to time;

(b) to frame bye-laws for the regulation of dangerous trades;

(c) to order any of its employees to render aid in fighting a fire when reasonably called to do so by any member of the fire service; and

(d) generally to take such measures as will lessen the likelihood of fires or preventing the spread of fires.

66. Power to remove difficulties –

(1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for removing the difficulty.

Provided that no such order shall be made after the expiry of two years from the commencement of this Act.

(2) Every order made under this section shall be laid, as soon as may be after it is issued, before the Legislative Assembly of Delhi.

SAVITA RAO, Jt. Secy.

Where this provision sits

ActDelhi Fire Service Act 2007
Section63
Marginal notePower to make rules
JurisdictionUnion territory of Delhi
StatusIn force as published by the source

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