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Section 21: Power of Director to enforce performance of duties.

The Maharashtra Fire Prevention and Life Safety Measures Act, 2006State Act of Maharashtra · Act 3 of 2007

21. Classification of Authorities and creation of posts in [Fire and Emergency Services].- (1) For the purpose of providing adequate number of officers and staff for meeting the needs of [Fire and Emergency Services] within the jurisdiction of the local authorities and planning authorities having regard to the potential fire hazards in certain industries and large commercial and mercantile establishments and buildings and the number of fire stations required to be provided for and maintained within the respective areas of the local authorities and the planning authorities such Authorities shall be classified as under:-

(a) the Municipal Corporation of Brihan Mumbai;

(b) Municipal Corporations having minimum population above fifteen lakhs to be classified as 'A' Class Municipal Corporations;

(c) Municipal Corporations having population of five lakhs and above upto fifteen lakhs, to be classified as 'B' Class Municipal Corporations;

(d) all other Municipal Corporations not covered by clauses (a), (b) or (c) to be classified as 'C' Class Municipal Corporations; and

(e) Municipal Councils, Nagar Panchayats, Industrial Townships and planning authorities to be classified as 'D' Class Municipal Councils, Nagar Panchayats, Industrial Townships and planning authorities.

(2) Subject to the directions, if any, as the Director may, with the approval of the State Government, by notification in the Official Gazette, issue from time to time, in this behalf, the existing pattern of the Fire Brigade including the qualification, pay, allowances and other conditions of service and method of recruitment of the officers and other staff engaged therein, in the Municipal Corporation of Brihan Mumbai shall continue.

(3) The Municipal Corporations and the Municipal Councils, Nagar Panchayats, Industrial Townships and the planning authorities may and if so required by the State Government, shall create all or any of the following posts, namely :-

(a) for Municipal Corporations of 'A', 'B' and 'C' Classes,-

(i) Chief Fire Officer,

(ii) Deputy Chief Fire Officer,

(iii) Divisional Fire Officer,

(iv) Assistant Divisional Fire Officer,

(v) Station Officer,

(vi) Assistant Station Officer,

(vii) Sub-Officer,

(viii) any other Fire Officer and Fire Personnel with such designations as the State Government may, by order, direct from time to time.

(b) for ‘D’ Class Municipal Councils, Nagar Panchayats, Industrial Townships and planning authorities,-

(i) Chief Fire Superintendent or Fire Superintendent,

(ii) Assistant Chief Fire Superintendent or Assistant Fire Superintendent,

(iii) Station Officer,

(iv) Assistant Station Officer,

(v) Sub-Officer,

(vi) any other Fire Officer and Fire Personnel with such designations as the State Government may, by order, direct from time to time.

(4) Without prejudice to the provisions of sub-section (2) but, subject to the provisions of section 22, the qualification, pay, allowances and other conditions of service and method of recruitment of the officers specified in sub-sections (2) and (3) shall be regulated by orders issued by the State Government in this behalf.

(5) Subject to the provisions of section 22 or any order issued by the Director or the State Government in this behalf, the power of making appointment to the posts specified in sub-sections (2) and (3) shall vest in the Municipal Corporation, Municipal Council, Nagar Panchayats, Industrial Townships or planning authority, as the case may be.

Where this provision sits

ActThe Maharashtra Fire Prevention and Life Safety Measures Act, 2006
Section21
Marginal notePower of Director to enforce performance of duties.
JurisdictionState of Maharashtra
StatusIn force as published by the source

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