Nagaland Fire and Emergency Service… Bare Act

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

Long title	THE NAGALAND FIRE AND EMERGENCY SERVICE ACT 2021 (ACT NO.5 OF 2023)
Type	Act
Citation	Act 5 of 2023
Year	2023
Jurisdiction	State of Nagaland
Ministry	HOME
Status	In force as published by the source
Text	Published as one document, as the source published it
Subjects	constitutional, property

The Nagaland Gazette August 31, 2023

PART-V NOTIFICATION Dated Kohima, the 27th July 2023.

NoLAW/ACT/23-1./2023:: The Nagaland Fire & Emergency Services Act, 2021 (Act No. 5 of 2023) duly assented by the Hon'ble Governor of Nagaland on 14.06.2023 is published herewith for general information.

Sd/- H. CH!NGAI PANJA Under Secretary to the Govt. of Nagaland.

The Nagaland Fire and Emergency Services Act-2021 (Act. No.5 of 2023) Content • Chapter I- Preliminary

1. Short Title, Extent And Commencement

2. Definitions Chapter Il- Organization, Superintendence, Control and Maintenance of the Fire and Emergency Service 3 Establishment of one rire and Emergency Service for whole of State

4. Superintendence of Fire and Emergency Service to vest in the State Government S. Constitution and Classification of Fire and Emergency Service

6. Appointment of Director of Fire and Emergency Service

7. Power, Duties and Functions of the Director

8. Setting up of Fire Stations

9. Issue of Certificate to the employees of fire and Emergency Service 10, Auxiliary Fire and Emergency Service 11 Effect of suspension of Fire Officer •: Chapter Ill Fire and Emergency Response

12. Response to Calls

13. Personnel. It Scale of Equipment

14. Operation /Aanugemcnt

15. Powers of Employees of the Fire and Emergency Service on occasion of Fire and/or Rescue •' Chapter IV- Water Supply 16 Power to arrange for Water Supply during Emergency

17. Duty to arrange Water Supply

18. Power to enter into Agreement for Water Supply

19. No Compensation for Interruption of Water Supply

20. Compensation of Water •: Chapter V General Measures for Fire Prevention and Life Safety Measures

21. Preventive Measures

22. Fire Prevention and Life Safety Measures in the PandaLs to be Self-Regulatory

23. Removal of Encroachments or Objects or Goods likely to cause a risk of Fire or any Obstruction to Fire-fighting

24. Owner or Occupiers Liability to Provide Fire Prevention and Life Safety Measures

25. Issue or Fire Safety Certificate

26. Appointment of Fire Safety Officer

27. Power of Inspection

28. Information on Outbreak of Fire August 31, 2023 The Nagaland Gazette, Part-V 27 • Chapter Vi- Offence's and Penalties 29, Offences and Penalties 30 Penalties for Violation of Provisions of Chapter IV

31. Penalty for Violation of Duty

32. Penalty in case of Non-appointment of Fire Safety Officers

33.. Liability of Property Owner to pay Compensation

34. Failure to give Information

35. Failure to take Precautions 36, Penalty for willfully obstructing the Fire-fighting Rescue Operations

37. False Report

38. General Provisions for Punishment of Offences

39.. Offences by Companies 40 Compounding of Offences

41. Protection of Action taken in good faith

42.. Cognizance of Prosecution

43. Jurisdiction •. Chapter VII- Appeals

44. Appeals •. Chapter VIII- Training

45. Establishment of Fire and Emergency Training Institute

46. Community Preparedness •: Chapter IX- Levy of Fire Tax, Fee and Other Charges

47. Levy of Fire Tax 48 Mode of Assessment, Collection etc. of Fire Tax

49. Fee on Deployment of Fire and Emergency Service beyond the limits of the State • Chapter X- Fire Prevention and Life Safety Fund

50. Constitution of Fund '. Chapter XI-Misceltaneous 51, Reciprocal Fire-fighting Arrangements with other Fire and Emergency Service 52, Declaration of Fire and Emergency Service as Technical Service

53.. Deployment to other Area

54. Employment on other Duties

55. Power to obtain Information

56. Power to Seal Building or Premises

57. Police Officers and Others to Aid August 11, 2013 18 The Nagaland Gazette, ForimV 58, Fire Ergney Seice funtiønig in the State ieia1eIy befe the bmacewt ol this Act to m. to Fire vd Imelpq Service IOIZ'M under this Act

59. eth*f eber of re a4 Eery Sarvie W, Calling of etwrs, qn, a Swema(, et(,

61. ke io 6e hlei 62 1tns of Nei b1 kpd and Savings S, oer to reav Vkulm Act t h3v In overriding EUet i Efft of Other as 6, Rquisitioi of Re-fl' 1011 Property b7 Spiat dispena.tion to the Surdiate Oeratioa Stf( Adts ' Chapter Mvhhle of f n8ts August 31, 2023 The Nagaland Gazette, Part-V 29

CHAPTER I PRELIMINARY

1. Short title, extent and commencement

(1) This Act may be caRed the Nagaland Fire and Emergency Service Act12021

(2) It extends to the whole of the State of Nagaland.

(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 different dates may be appointed for different areas and for different provisions of this Act.

2, Definitions In this Act, unless the context otherwise requires,-

(a) "Appellate Authority" means an Officer appointed by the State Government, who is at (east two rank higher than the Fire Officer as defined in Section 44 of this Act;

(b) "Building" shalt have the same meaning assigned to it in the relevant municipal/urban law or any law for the time being in force in the area in which this Act is in force and includes places or premises comprising land or building, or part of a tand or building, whether authorized or otherwise, outhouses, if any, pertaining to such building or part thereof and petrol, diesel or gas lines, instaUations or pumps;

(C) "Building bye-Laws" means the building bye-laws, rules and regulations made under any relevant municipal/urban law and includes the development control rules or regulations, by whatever name they are called, or any other building rules or regulations made under any other law for the time being in force and are in the area in which this Act is in force as amended from time to time and defined in Section 24 of this Act;

(d) "Bye law" means fire safety regulations or norms or guidelines made under National Building Code of India, Model Building Bye-Laws by Government of India, Oil Industry Safety Directorate guidelines, Petroleum Act and Rules, Explosive Act and Rules of India relating to fire prevention, or any relevant guidelines by the central government or the State Government or Local Authority as amended time to time as defined in Section 24 of this Act;

(e) "Bureau of Indian Standard (BIS)1' means National Standard body of India established under 615 Act, 1986 as amended from time to time;

(f) "Fire Officer" means an officer appointed by the State for fire stations and other field formations as per the Section S of this Act;

(g) "Director" means the Director of the Fire a Emergency Service appointed by the State Government under Section 6 of this Act;

(h) "Schedule of Formats" means compiled Formats with referential section associated with this Act under Chapter XII.

30 The Nagaland Gazette, Part-V August 31, 2023 fi) Disasters" means disasters as defined in Disaster Management Act, 2005 as amended from time to time:

(j) "Erectorptmeans 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 basis;

(k) "Emergency" means any serious situation or occurrence including disasters, that happens unexpectedly and demands immediate action of Fire and Emergency Service of the State Government or Local Authority;

(1) "Fire Station' means a building erected to house the firefighting equipment appliances and staff declared generally or specially by the State Government to be a Fire Station and other field formations as defined in Section 8 Of this Act;

(ni) "Fire Prevention and Life Safety Measures" means such measures as are necessary in accordance with the National Building Code of India for the containment, control, and extinguishing of fire and for ensuring the safety of Life and property in case of fire and as may be prescribed in the Rules made in this behalf;

(n) "Fire Safety Officer" means the person appointed under Section 26 of Chapter V of this Act by the owner or occupier of certain premises and buildings as specified in this behalf to ensure fire prevention and fire safety measures installed in such premises and buildings;

(o) "Fund" means fund constituted under Section 50 of this Act;

(p) "State Government" means the Government of State or Union Territory;

(q) "Local, Authority" means a municipal corporation, Municipality/ urban, Village Council, District Partchayat, Notified Area Committee/town committee or Cantonment Board constituted under relevant local authority law;

(r) "Local Fire tt Emergency Service" means Local Fire and Emergency Service as may be notified by the State Government

(s) "Licensed agency" means a person or an association of persons having technical specialization equivalent to Divisional officer course (D.O. course) conducted by National Fire Service College, Nagpur or its (DO, course) equivalent course recognized by GovernmentIderee in the field of Fire/ Civil/ Mechanical Engineering /Te h nology, Industrial Safety, Disaster Management or Chemical Science from a recognized university and having süffic lent domain knowledge and accomplishments in the field of Fire Service.

(t) "employee "meansapersonap pointed totheFi rea nd Ern ergencyServiceunde r this Act;

(U) "National Building Code" means the book or books containing Fire Prevention and Life Safety Measures to be implemented in the buildings, places, premises, workshops, warehouses and industries, published from time to time by the Bureau of Indian Standards;

v) "occupancy" means the principal occupancy for which a building or a part of the building is used or intended to be used including subsidiary occupancies which are Contingent upon it;

(w) "Occupier "means- I. 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 paid or is payable;

ii. an owner in occupation of, or otherwis.e using his land or building;

August 31, 2023 The Nagaland Gazette, Fart-V 31 iii. a rent-free tenant of any Land or building;

iv. a Licensee in occupation of any land or building; and V. any person who is Liable to pay to the owner damages for the use and occupation of any land or building-,

(x) "Owner" includes a person who, for the time being,, is entitled to receive the rent of any [and or building, whether on his own account or on account of himself and others or as an agent, trustee, guardian or receiver or any other person, or who should so receive the rent or be entitled to receive it if the Land or building or part thereof were let to a tenant;

(y) "paridal" means a temporary structure with a roof or watts made of straw, hay, utu grass, golpatta, hogla, darma, mat, canvas, cloth or other like material which is not adopted for permanent or continuous occupancy;

(z) "Standing Fire Advisory Council (SFAC)" means the advisory body constituted by the Union Ministry of Home Affairs to examine the technical problems relating to Fire Service and to make recommendation to the Government of India in the matter including the standardization of fire-fighting equipment through the Indian Standard Institutions;

(aa) "Second Appellate Authority" means an Officer appointed by the State Government, who is at least one rank higher than the Appellate Authority as defined in Section 44 of this Act;

(aa) "Nominated Authority" means an officer not below the rank of station officer nominated by the Director as a nominated authority for the purposes of this Act;

32 The Nagaland Gazette, Part-V August 31, 2023

CHAPTER II ORGANIZATION, SUPERINTENDENCE, CONTROL AND MAINTENANCE OF THE FIRE AND EMERGENCY SERVICE

3. Establishment of one Fire and Emergency Service for whole of State

(1) There shall be one Fire and Emergency Service for the whole of State and all.

officers and subordinate ranks of the Fire and Emergency Service shaU be liable for posting to any branch and Fire Station of the Fire and Emergency Service:

PROVIDED that, the State Government may, by notification in the Official Gazette, declare any Fire Station or any other Local Fire and Emergency Service of any local authority of the state, by whatever name called, that the same shall form or shalt not form the part of Nagaland Fire and Emergency Service at any time;

PROVIDED further that this position shalt not apply to the private Fire and Emergency Service maintained for providing fire protection coverage to a specific building or industry by the owner or occupier thereof.

(2) Notwithstanding anything contained in this Act or any other law for the time being in force relating to the Local Authonity, the State Government may, by notification in the Official Gazette, declare the services relating to any fire brigade or fire prevention a part of the State Fire and Emergency Service with effect from such dates as may be specified in the notification.

(3) In order to assist any disaster, other than resulting due to fire, all Fire Services shall be considered as Emergency Services.

PROVIDED that, in case where the emergency service is not related only to fire, the decisions and directions of the authority in charge of the Emergency Service shall prevail.

(4) Upon such declaration under sub-sectlon3(2)

(1) the officers and employees responsible for providing the Fire and Emergency Service in the areas of such Local Authority, shall be deemed to have been absorbed in the State Fire and Emergency Service, subject to such terms and conditions as may be notified;

(ii) terms and conditions applicabLe to the employees after such absorption shalt be such as may be decided by the State Government;

(iii) Alt proceedings pending before any fire officer, immediately before the declaration be deemed to be proceeding pending before him in his capacity as the holder of the Office to which he is deemed to be appointed under subsection (2);

ub section(2);

(iv) All assets, rights and Liabilities relating to the Fire and Emergency Service of such local authorities shaR stand transferred to the State Fire and Emergency Service, subject to such terms and conditions as. the State Government may deem fit;

(v) The State Government may take such necessary actions as it deems fit.

August 31, 2023 The Nagaland Gazette, Part-V 33

4. Superintendence of Fire and Emergency Service to vest in State Government The superintendence of, and control over, the Fire and Emergency Service throughout the State shall vest in the State Government and the Fire and Emergency Service shalL be administered by the State Government in accordance with the provisions of this Act and / or any rule made thereunder, through such Fire Officers as the State Government may, from time to time, appoint in this behalf.

5. Constitution and Classification of Fire and Emergency Service:

(1) Subject to the provisions of this Act, the Nagaland Fire and Emergency Service shall consist of such number Of staff in various ranks and have such organizations and have such powers, functions and duties as the State Government may, by generaL or special order, determine.

(2) The State Government may prescribe in the Rules-

(i) the different posts of the State Fire and Emergency Service;

(ii) the mode of recruitment of staff, grade of post, the qualification, pay, allowances and other conditions of service of the officers and other staff engaged therein and matters connected therewith;

(iii) Ranks and uniform Structure (:3) The State Government may, by notification in the Official Gazette, review the pattern of the existing Fire and Emergency Service in the State and if deem fit may modify the same:

PROVIDED that, for local Fire and Emergency Service, the Rules framed under this sub- section may not include mode of recruitment of staff; pay, allowances and matters connected therewith.

(4) Save as otherwise provided by or under this Act, every person holding office either Fire Officer or staff or an employee (by whatever designation called) of an existing Fire Brigade or Fire and Emergency Service of any Authority on the date immediately before the commencement of this Act, shalt continue to hold office on the same terms and conditions as were applicable to him immediately before such date and shall exercise such powers and perform such duties as before and in addition to those as are conferred on them by or under this Act

6. Appointment of Directorand other Staff of Fire and Emergency Service

(1) The State Government shall appoint an Officer who has undergone Divisional course and not below the rank of Deputy Inspector General (DIG) to be the Director and HOD of Nagaland Fire &. Emergency Services, who shall exercise such powers and perform such duties and other functions as are specified by or under this Act.

(2) The State Government shalt appoint such other officers and staff, as may be necessary from time to time, to assist the Director while exercising the powers or discharging the duties or functions conferred under this Act or rules made thereunder.

(3) The jurisdiction of the Director so appointed shalt extend to the entire State in matters relating to Fire and Emergency Service.

34 The Nagaland Gazette, Part-V August 31, 2023

(4) Subject to the c')ntroL directions and superintendence of the State Government, the Director shall, exercise such powers and perform such duties as are conferred and imposed upon him by this Act or the rules made thereunder.

7. Power, Duties and Functions of the Director

(1) The Director shalt subject to the superintendence and control of the State Government, direct and regulate all matters of fire safety and prevention, firefighting equipment, machinery and appliances, training, observation of persons, events of mutual relations, distribution of duties, study of Laws, orders and modes of proceedings and all matters of executive detait or the fulfillment of duties and maintenance of discipline of fire officers and employees of the Fire and Emergency Service under him, as per the State Rules.

(2) Without prejudice to the provisions of sub-section (4) of Section 6, the Director shalt function as head of the Department in the office of Director and shalL-

(i) Keep liaison with the State Government for the development of Fire and Emergency Service.

(ii) frame the policies in relation to the development of Fire and Emergency Service In the State and, on approval by the State Government, take steps to implement the same;

(ill) prepare and submit plans and proposals to the State Government with regard to, the periodical review of fire equipment, fire property and fire manpower for effective implementation of Fire and Emergency Service by the authorities;

(iv) take or cause to be taken such effective steps and measures in cases of major fires, house collapse and other emergency services;

(v) investigate or cause to be investigated the cause of fire and advise the authorities for implementing fire precautionary measures;

(vi) appoint such number of Officers and staff /employees as may be necessary to assist any Fire Officer of the State Fire and Emergency Service, while exercising his powers or discharging his duties or functions under this Act or the rules made thereunder;

(vii) implement the effective Human Resource Development policies in accordance with the prescribed jobs at: each Level of fire service personnel and for that purpose, he may establish advance training centers/ Institution.

(viii) represent the State Government on National and International forums with 'a view to updating the standard of Fire and Emergency Service in the State;

(ix) exercise such other powers and perform such other duties and functions as may be conferred, imposed or allotted to him by or under the provisions of this Act.

B. Setting up of Fire Stations

(1) For the purpose of providing adequate number of officers and staff for meeting the needs of fire service, having regard to the population, potential fire hazards in certain industries and large commercial and mercantile establishments and buildings and fire stations required to be provided for and maintained, the State Government may, for the purpose of securing fire prevention and life safety measures within the State August 31, 2023 The Nagaland Gazette, Part-V 35 constitute as many Fire Stations and other field formations as it deems fit.

(2) Every notification issued under sub-section (1) shall define the Limits of the Fire Stations and other field formations to which it relates.

(3) Define the Limits and extent of Fire Stations and other field formations as may be necessary for administrative and operational efficiency.

(4) Appointment of Fire Officers:

(i) For the purposes of this Act, the Director with the approval of State Government may appoint,-

(a) A Fire Officer, for each Fire Station who shall, be officer-in- charge of a Fire Station and shall hold charge of a Fire Station as per the size of the Fire Service as specified by the SFAC, as amended time to time. He shalt have staff attached under him to the Fire Station. He will be responsible for maintenance of communication system, water resources including hydrants within his station areas, and shall be in charge of operations of Fire and Emergency Service.

(b) Similar arrangements may be provided for other field formations, if any.

(ii) The quaLifications for appointment and other conditions of service of the Officers, appointed under sub-clause 5(1), shall be such as may be prescribed in the Rules.

(iii)For the purpose of this Act, the Director with the approval of State Government for each Local Fire Service may by an order direct the tocat authority or the authority, as the case may be, to appoint the person to be the Chief Fire Officer and prescribe the norms and qualifications of the Fire Officer.

(5) Powers, duties and functions of Fire Officers

(i) Subject to the control, direction and superintendence of the Director, the Fire Officer appointed in sub-section (4) of Section 8, shaU exercise such powers and perform such duties as are conferred and imposed upon him by this Act or Rules or orders made there under.

(it) Without prejudice to the provisiris of sub-section (i), in case of fire prevention and disaster, the Fire Officer or officers appointed under sub-section (4.) of this Section, for their jurisdiction, shalt, in case of any fire or emergency, act as Commanding Officer for that event and other Fire and Emergency Service engaged shalt work under him, Issue of Certificate to the employees of Fire and Emergency Service

(1) Every person shall on appointment to the Fire and Emergency Service, receive a certificate in the prescribed form under the signatures of the Director or an officer authorized In this behalf by the State Government and thereupon such person shall have the powers, functions and privileges of an employee of the Fire and Emergency Service under this Acts 36 The Nagaland Gazette, Part-V August 31, 2023

(2), The certificate referred to in subsection (1) shall cease to have effect when the person named therein 04,ses'-foriq reason to be an employee of the Fire and Emergency Service and on his, ceasing to be' such employee, he shall forthwith surrender the certificate to any officer receive the same A certificate of appointment 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 Service 10, Auxiliary Fire and Emergency Service Whenever, it appears to the State Government that it is necessary to augment the Fire and Emergency Service, it may raise an auxiliary service by enrolment of volunteers for such area and on such terms and conditions as it may deem fit as per Rules, 11 ,.Effect of suspension of Fire Officer The powers functions and privileges vested in a Fire Officer shall remain suspended while such Fire Officer is placed under suspension:

PROVIDED that notwfthstanding suthsuspênsion, such person hail continue to be subject to the control of same authorities to which he would have been had he not been placed undersuspension.

August 31, 2023 The Nagaland Gazette, Part-V 37

CHAPTER III FIRE E EMERGENCY RESPONSE 12- Response to Calls The Fire Officer appointed by the State Government shalt respond to all fire and emergency related calls as per Standard Operating Procedures prescribed in the Rules.

Calls related to any other emergencies shalt also be entertained by the Fire and Emergency Service by order and as per Rules.

13. Personnel F1 scale of equipment The Director or Fire Officer shalt ensure deployment of Fire and Emergency Service, resources, equipment and fire personnel at stand-by duties during any fire response or any other emergency as specified in the Rules.

14. Operation Management The Director or Fire Officer shalt provide details of planning, organizing and deployment of the staff & ensure regular monitoring of the site as per Rules.

1 5 Powers of Employees of the Fire and Emergency Service on occasion of fire and/or rescue:

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-

(1) remove, or order any other member of the Fire and Emergency Service to remove any person who by his presence interferes with or impedes the operation for extinguishing the fire or for saving tile or property;

(2) close any Street or passage in or near which a fire is being fought and / or rescue work is in progress;

(3) for the purpose of extinguishing fire and carrying out rescue operation, break into or through or putt dawn, any premises for the passage of hose or appliances or cause them to be broken into or through or putted down, doing as little damage as possible for the purpose of extinguishing firer PROVIDED that, the owner or occupier, as the case may be, of any such premises shall be paid reasonable compensation to the extent of the damage so caused in such manner as may be prescribed in the Rules.

(4) require the Authority in charge of water supply in the area to regulate the water mains so as to provide water at a specified pressure at the place where fire has broken out and utilize the water of any stream, cistern, well or tank or of any available source of water, public or private, for the purpose of extinguishing or Limiting the spread of such fire and carrying out rescue operations as prescribed in the Rules;

(5) exercise the same powers for dispersing an assembly of persons likely to obstruct the firefighting operations as if he were an officer-in-charge of a police station and as if such an assembly were an unlawful assembly and shall be entitled to the same immunities and protection as such an officer, in respect of the exercise of such powers;

(6) arrest a person who willfully obstructs and hinders a Fire and Emergency Service personnel in firefighting and rescue operations and shalt hand him over to a police officer or at the nearest police station without avoidable delay along with a brief note giving the time, date and reason of arrest;

38 The Nagaland Gazette, Part-V August 31, 2023

(7) enter into agreement with any person who employs and maintains personnel or equipmert or both for fire-fighting purposes, to secure, on such terms as may be prescribed, for the purpose of dealing with fires occurring in any area;

(8) take such measures as may appear to him to be necessary for extinguishing the fire or for the protection of life or property, or both.

(9) Authorized to requisite Police for security, traffic regulation and Government Ambulance service in case of fire or any other emergencies as deem fit.

(10) While responding to emergency calls, the vehicle or personnel of the Fire ft Emergency Services shalt have the Right Of Way over National Highways, State Highways, village roads or any other roads or ways and also the Fire Et Emergency Services shall have the Right Of Way by use of force if deemed fit/necessary.

CHAPTER IV WATER SUPPLY

16. Power to arrange for water supply during emergency It shalt be Lawful for the Director or Fire Officer of the fire-fighting operations to draw water from any source in the area which he considers 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 shalt supply water for that purpose at such rates as may be prescribed.

17. Duty to arrange water supply The Director or Fire Officer shalt take all. reasonable measures for securing that an adequate supply of water will be available for the use in the event of fire as per the Rules.

18. Power to enter into Agreement for Water Supply The Director or Fire Officer may enter into an agreement with an agency for meeting demand of water supply and emergent need of water as per the procedures and terms and conditions for the payment to the third party, prescribed under the Rules.

19. 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 caused in compliance with sub-section (4) of Section 15.

20. Compensation of water No charge shalt be made by any Local Authority for water consumed in fire fighting operations by the Fire and Emergency Service.

August 31, 2023 The Nagaland Gazette, Part-V 39

CHAPTER V GENERAL MEASURES FOR FIRE a EMERGENCY PREVENTION AND LIFE SAFETY MEASURES

21. Preventive Measures A) Fire Prevention and Audit Wing.

There shall be a fire prevention and Audit wing in the Nagaland Fire 0 Emergency Services which shall consist of such number of inspecting Officers and other Staff as determine by the State Government.

The Director will be responsthle for smooth and efficient operation of the Fire Prevention and Audit wing.

The Fire Prevention and Audit wing shalt determine the building plan referred to Fire Services by local authority or any other statutory authority from fire prevention and fire safety point of view and issue directives for compliance by' the builder) owner or occupier as per National Building Code of India and existing building State building bylaws.

The function of the inspecting officer shall be to oversee and implement in section 21(1)., 21(2), 22, 23, 24, 25, 26, 27, 28,;F±32.

(1) The State Government may, by notification, require owner or occupier of premises in any area or of any class of premises used, which in its opinion, are likely to cause risk of fire, to take such precautions as may be specified in such notification.

a) Paridal having seating capacity mare than 50 persons or covered area more than 50 square meters, "b.) Residential buildings (other than hotels and guest houses).having height more than 15 meters or having ground plus four upper Lories in1uding mezzanine floor.

c Hotels and guest houses having heiglu more than 12 meters having ground plus three upper stories. melud ing mezzanine floor.

Educational buildings liivmg height more than 9 meters or having ground plus two upper stones including mezzamne floor.

.e) Institutional buildings havingheight more than 9. meters or having groundplus two upper stories including mezzanine floor.

All. Assembly buildings.

Business. buildings having height mOrc than 15 meters or having ground plus four upper stories including mezzanine floor.

h) Mercantile buildings having height more than 9 meters or having ground plus two upper Stories, including mezzanine floor.

1)' Industrial 'buildings having, covered area on all floors more than 250.square.rnete.rs.

J), Storage buildings having covered area on all floors more than 250 square meters All Hazardous buildings having covered area on all floors more than 100 square meters.

1), Underground Structures.

rn) The cLiuse (a) to (I) shall be as necessitate to have Fire S4feLy Cerficate' as specified in Section 24 Sub-Section (3)

(2) Where such notification has been issued, it shalt be lawful for the Director or Fire Officer to direct the removal of objects or goods Likely to cause the risk of fire, to a place of safety and on failure by the owner or occupier to do so, the Director or Fire Officer may, after giving the owner or occupier a reasonable opportunity of making the representation, seize, detain or remove such objects or goods.

40 The Nagaland Gazette, Part-V August 31, 2023

22. Fire Prevention and Life Safety measures in the pandals to be self-regulatory

(1) Notwithstanding anything contained in this Act, the erectors of pandals shall be deemed to be self-regulators for taking fire prevention and life safety measures prescribed under Section2l.

(2) The erector of a pandal shall display at a prominent place in the pandal, a declaration in the prescribed form and under his/her own signature to the effect that he / she has taken alt the prescribed fire prevention and fire safety measures therein as notified by the state government.(see :Schedule of formats chapter XII)

(3) It shalt be Lawful for the Director or Fire Officer to enter and inspect the pandat 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. If the directions of the inspecting officer are not complied with within the time so given, the inspecting officer shall seat the pandal.

(4) Any erector of a pandal who falsely declares that he has complied with the prescribed fire prevention and fire safety measures in the pandat shall be deemed to have committed an offence punishable under Section 40 of this Act.

23. Removal of encroachments or objects or goods likely to cause a risk of fire or any obstruction to firefighting

(1) Where a notification has been issued under Section 21 and Section 22, it shalt be lawful for the Director or Fire Officer to direct the removal of encroachments or goods Likely to cause a risk of fire or any obstruction to firefighting, to a place of safety, and on failure of the owner, occupier or erector, as the case may be, to do so, the Director or Fire 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 jurisdiction the premises or building or paridat is situated, requesting to adjudicate the matter:

PROVIDED that where the Director considers such encroachments or objects or goods to be an imminent cause of risk of fire or obstruction to firefighting, he may direct the owner or the occupier or erector of such premises or building to remove the encroachment or objects or goods forthwith and report the matter to the District Magistrate] Deputy Commissioner accorcJingty(see :Schedule of formats chapter XII)

(2) On receipt of a report under sub-section (1), the district Magistrate/ Deputy Commissioner shall give, by means of a notice served in such manner as he may think fit, a reasonable opportunity of showing cause against the removal of encroachment or objects or goods likely to cause a risk of fire or obstruction to firefighting. (see :Schedule of formats chapter XII)

(3) After giving the owner or occupier or erector, as the case may be, a reasonable opportunity of making representation under sub-section (2), the District Magistrate! Deputy Commissioner may make an order to seize, detain or remove such encroachments or objects or goods as per prescribed Rules. (see :Schedule of formats chapter XII)

(4) 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 shall, 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 August 31, 2023 The Nagaland Gazette, Part-V 41 seizure, that the said objects or goods will be sold as therein mentioned if the same are not claimed within the period stipulated in the said notice. (see :Schedule of formats chapter XII)

(5) On the failure of the person in whose possessions the objects or goods were at the time of seizure to claim the cei2ed goods pursuant to notice given under subsection (4), the District Magistrate/ Deputy Commissioner shall sell them accordingly by public auction.

24. Owner or Occupiers liability to provide Fire Prevention and Life Safety Measures:

(1) Without prejudice to the provisions of National Building Codes of India, Model Building Dye-laws by Ministry of Urban Development, Government of India, any other law or Bye-Law, the owner or the occupier, who are either individually or jointly responsible, of a building as classified by regulations or part thereof, shau provide fire prevention and life safety measure therein:

PROVIDED that the owner or the occupier, as the case may be, shalt,-

(i) provide minimum fire-fighting and Life safety installations as provided in the Bye-Law;

(ii) maintain the fire prevention and life safety measures in operational condition at all times, in the mariner and specifications specified in Bye- Law.

(2) Notwithstanding anything contained in any law for the time being In force, no authority empowered to issue the occupancy certificate, shall issue the same, unless it is satisfied that the owner or the occupier, either individually or jointly, has complied with the provision as given in sub-section (1) of this Section.

(3) Without prejudice to the existing Building Bye laws applicable and enforcement of National Building Codes by the State, following buildings shalt obtain Fire Safety Certificate' from Fire and Emergency Service;

(1) Muttistoried buildings having more than 15 meter height;

(ii) SpeciaL buiLdings Like educational, hospitals, nursing homes, institutional, assembly buildings , business, mercantile, industrial, storage and hazardous buildings as defined in National Building CodeZOl 6;

(iii) Mixed occupancies with any of the aforesaid occupancies having >500 square meters area.

(iv) As specified in Section 21 (1)

(4) Owners of Buildings, under sub-section (3), shall ensure that such multi-storied or special buildings be equipped with automatic sprinkler systems, fire alarms and fire extinguishers to prevent or extinguish fire, as per the prescribed Rules.

(5) The owner or occupier, as the case may be, shalt furnish to the Fire Officer, a certificate in the prescribed form issued by a Licensed agency regarding the compliance of the fire prevention and Life safety measures in his building or part thereof, as required by or under the provisions of this Act, and shalt also furnish to the Fire Officer a certificate in the prescribed form twice a year in the months of January and July regarding the maintenance of fire prevention and life safety measures in good repair and efficient condition as specified in sub-section (1) of this Section. (see .,Schedule of formats chapter XII) 42 The Nagaland Gazette, Part-V August 31, 2023

(6) No person other than the Licensed agency, as specified in the National Building Code of India or rule made under this Act, shalt carry out the work of providing fire prevention and Life safety measures or performing such other related activities required to be carried out in any place or building or part thereof.

25. Issue of Fire Safety Certificate/No Objection Certificate

(1) The Fire Officer shalt scrutinize the compliances with regard to the requirement of Section 24 made by owners or occupiers or applicant, as the case may be,, either Independently or jointly, after making necessary Inquiry. if any, Issue fire safety certificate within a month of the application subject to the condition that all necessary documents, designs, maps, completion certificates etc. shalt be submitted by the owner or occupier or applicant. On fulfilling the minimum requirements of Fire prevention, protection and Life safety as per National Building code of India, building Bylaws of the State or any codes/ directive issued by Central/ state Government the Certificate to be issued by Fire Prevention Et Audit wing on approval of the HOD/ Director of the Fire Et emergency Services.

The Fire Safety Certificate Issued under this act will, be Valid for 2 years irrespective of occupancy subject to operational and maintenance of fire safety Installations are ensured.(See: Schedule of formats chapter Xli)

(ii) If the owner or occupier, as the case may be, fails to comply with the directions issued by the Fire Officer, the fire safety certificate, Issued under Section 24 of this Act, shalt be cancelled after giving owner or occupier an opportunity of hearing to show -cause(see: Schedule of formats chapter XII)

(iii) The owner or occupier of the building or premises, whose fire safety certificate has been cancelled due to default on his part, shalt not be entitled to occupy the building or premises on the ground of non-compliance of fire prevention and Life safety measures under 5ection24.(see: Schedule of formats chapter XI 1)

(iv) No person shall tamper with, alter, remove or cause any injury or damage to any fire prevention and life safety equipment installed in any such building or part thereof or instigate any other person to doso.(see: Schedule of formats chapter Xii)

26. Appointment & Functions of Fire Safety Officer

(1) To ensure effective fire prevention and life safety measures of the factory or buildings or premises:

(1) shalt appoint a Fire Safety Officer who will be available on the premises, for large educational complexes, business building with height 30m and above, business building with height 30m and above, residential building with height 60m and above, institutional building of iSm and above, starred hotels, and D6 occuparicy(National building code, 2016). (see: Schedule of formats chapter XII)

(ii) Shalt appoint a fire safety officer, having such qualifications as prescribe in National Building code of India, 2016 Part-IV Section 4.10 or qualified the course conducted by Fire Et Emergency Services of the state or qualified minimum sub-officer course conducted by National Fire Service College, Nagpur.{see: Schedule of formats chapter XII)

(iii) Send the compliance report to the Fire Officer.

August 31, 2023 The Nagaland Gazette, Part-V 43

(2) The Fire Safety Officer so appointed under sub-section (1) shall be issued the enrolment certificate by the HOD/Director under his signature and seat of the office in the prescribed form. (see: Schedule of formats chapter XII)

(3) In case of a vacancy of the Fire Safety Officer appointed under sub-section

(1), either on resignation or otherwise, the owner and occupier or occupiers individually or jointly, as the case may be, shalt be required to immediately appoint the fire safety officer.

(4) in case of the non-appointment of the Fire Safety Officer, as envisaged under sub-section (1), the Fire Officer may take such steps as he deems necessary, which includes report to the Labor Commissioner for the closure of the factory and in other cases to the relevant authority for necessary action under relevant Law.

(5) The Fire Safety Officers shall undergo training at the Fire and Emergency Service Training Institute as may be specified by the State Government in this behalf:

PROVIDED that a person who has already undergone such training at the National Fire Service College, Nagpur or at any other equivalent institution recognized by the State Government, shall not be required to undergo such a training.

27. (A) Power of Inspection

(1) The Director or Fire Officer may, after giving three hours' notice to the occupier, or if there is no occupier, to the owner of any place or building or part thereof, enter and inspect such place or building or part thereof at any time between sunrise and sunset where such inspection appears necessary for ascertaining the adequacy or contravention of fire prevention and Life safety measures:

PROVIDED that, the Director or Fire Officer may enter into and inspect any such place or building or part thereof at any time if an industry is working or an entertainment is going on at such place, building or part thereof, or If it appears to him to be expedient and necessary to do so in order to ensure safety to life and property.( see: Schedule of formats chapter XII)

(2) The Director or Fire Officer shalt 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(1).

(3) The owner or occupier or any other person shalt not obstruct or cause any obstruction to the entry of a person empowered or authorized under this section into or upon any Land or building or shall not molest such person after such entry for inspection.

(4) When any such place or building or part thereof used as a human dwelling is entered under sub-section (3), due regard shalt be paid to the social and religious sentiments of the occupiers; and before any flat, apartment or a part of such building in the actual occupancy of any woman, who, according to the custom does not appear in public, is entered under sub-section (3), notice shall be given to her that she is at liberty to withdraw, and every reasonable facility shall be afforded to her for withdrawing. (see: Schedule of formats chapter XLI)

(5) Where the inspection is carried out by the Fire Officer under the preceding provisions of this Section, he shall give a report of any such inspection to the Director or Fire Officer of the authority concerned.

(6) The Director or Fire Officer shall, after completion of the inspection of the place or building or part thereof under this Section, record his views on the deviations 44 The Nagaland Gazette, Part-V August 31, 2023 from or the contraventions of, the requirements with regard to the fire prevention and life safety measures or the inadequacy or non-compliance of such measures provided or to be provided therein with reference to the height of the building or the 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 within such time as may be specified in the notice. The Inspection shall be carried out atleast once in a year.

(see: Schedule of formats chapter XV) 27 (B) GRANT OF LICENSE TO ACT AS LICENSED AGENCY.

a.The Director/HOD may, from time to time and in accordance with such qualifications, experience or other matter in this behalf as prescribed, grant any person or association of persons, a license to act as Licensed agency tor the purposes of this Act, (see: Schedule of formats chapter XII) b. The license shall be renewed every three years.

v. The State Government may, from time to time, prescribe a scale of fee for licensed agencies, if there is no written contract in this behalf to the contrary, d. Where the Director/14013 has reason to believe that any person to whom a license has been granted under sub-section (a) has contravened any provisions, of this Act or the rules made thereunder or has failed to comply with the conditions of the license or is unfit to hold the license by reason of incompetence, misconduct or any other reasons, the Director may, alter grving the person a reasonable opportunity to show cause, suspend or cancel the license, alter recording the reasons in writing.( see: Schedule of formats chapter XII) c. Bar to compromise fire safety Where the willful default on the part of a licensed agency in respect of fire safety of any building or premises is compromised. such licensed agency shall be liable to criminal prosecution and, in the event of any fire accident in such building or premises, shall make good all damages on account of such tire accident.

f Appeal against Order of Director. - Any person aggrieved by an order of the Director/HOD under this Chapter may, within thirty days of the service of the order may appeal g. Penalty for furnishing False 'Fire Safety Certificate'.

Any person associated with a licensed agency, who knowingly furnishes a false "Fire Safety Certificate', shall be punishable with imprisonment for it term of three years which may extend to five years or with tine of twenty thousand rupees which may extend to five lakh rupees or with both.

h. Criteria to act as Licensed Agency:

Should posses the Ibilowingeondition to be eligibleas a licensed Agency:

1. "Licensed agency" means a person or an association of persons having technical specialization equivalent to Divisional officer course (D.O. course) conducted by National Fire Service College, Nagpur or its (D.O. course) equivalent course recognized by Government/degree in the field of firel Civil!

Mechanical Engineering/Technology. industrial Safety, Disaster Management or Chemical Science from a recognized university and having sufficient domain knowledge and accomplishments tin the Geld ,of Fire Service

2. Minimum of 3 years' experience in the field of Fire Protection. prevention and Life safety.

3.. Must be aware of the legislation and guidelines in the field of fire protection, prevention and life safety measures.

August 31, 2023 The Nagaland Gazette, Part-V 45

4. Licensed agency may form a part of registered constructional firm/agencyj company or individual or associations of persons.

5. If associated with registered, constructional firmlagencyl company need to obtained licensed issued by the Director/ HOD on behalf of the firm.

6. Any registered firm/ agency beyond the jurisdiction of the state wish to- carried out safety audit, need not necessarily registered themselves under the state, however they will mandatorily obtained work order/ no objection certificate from the Fire & Emergency Services, 28 information on outbreak Of fire Any person who possesses any information regarding an outbreak of fire shall communicate the same without delay to the nearest fire station.

I lIIt I im .t 1 II 46 The Nagaland Gazette, Part-V August 31, 2023

CHAPTER VI OFFENCES AND PENALTIES

29. Offences and Penalties Whoever contravenes any provision specified under the sub-sections of this Act is liable for penalties as prescribed in the Rules,

30. Penalties for violation of provisions of Chapter IV (Water Supply) Whoever contravenes any provisions of Chapter IV shall, without prejudice to any other action taken against him under this Act and rules made thereunder, 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 rupee for every day after the first during which such offence continues.

31. Penalty for violation of Duty Notwithstanding any action which may be taken under the provisions of this Act, any member of the Fire and Emergency Service who

(1) is found to be guilty of any violation of duty or willful breach of any provision of this Act or any rule or order made there under; or

(2) is found to be guilty of cowardice; or

(3) withdraws or abstains from the duties of his office without permission or without having given previous notice for fifteen days or more; or

(4) being absent on leave fails without reasonable cause to report himself for duty on expiration of such leave; or

(5) found himself/herself in contravention of the provision of the Nagaland Government Servants Conduct Rules, 1968;

(6) shall be punishable as per The Nagatand Services (Discipline & Appeal) Rules, 1967 or any other laws which ever is applicable.

32. Penalty In case of non-appointment of Fire Safety Officers:

(1) If any owner or occupier or an association of such owners and occupiers of a building or premises fails to appoint under Section 26 lire safety officers within thirty days, of the receipt of a notice given in this behalf by the Director or the Fire Officer, as the case may be, each one of them shalt be deemed to be in default jointly and severally.

(2) When the person Liable for appointment of such Fire Safety Officers is deemed to be in default such sum not less than twenty rupees per square meter and not exceeding fifty rupees per square meters of area owned occupied by him including in the common areas in the premises as determined by the Director, may be recovered from him by way of penalty for each month of default or part thereof.

August 31, 2023 The Nagaland Gazette, Part-V 47

33. 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 negligently shalt be liable to pay compensation to any other person suffering damage to his property on account of any action taken under Section 15 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 referred to the Appellate Authority, within thirty days from the date when the damage was caused.

(3) The Appellate Authority, shall, after giving the party an opportunity of being heard, 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 within 30 days as mentioned in Section44.

34. Failure to give information Any person, who without adequate justification, 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 05 of 1860).

35. Failure to take precautions Whoever fails without reasonable cause to comply with any of the requirements specified in a notification issued under sub-section (2) of Section 21 or of a direction issued under the Section shall be punishable with fine which may extend to Ten 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 One thousand rupees for every day after the first during which such offence continues.

36. Penalty for willfully obstructing the firefighting, rescue operations Any person who willfully obstructs or interferes with any member of the Fire and Emergency Service, who is engaged in fire-fighting operations, shalt be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to Ten thousand rupees, or with both.

37. 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 shalt be punishable with imprisonment which may extend to three months or with fine which may extend to Ten thousand rupees, or with both.

38. General provision for punishment for offence Whoever contravenes any provision of this Act or of any rule or notification made thereunder shalt, without prejudice 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 fine which may extend to ten thousand rupees or with both and where the offence is a continuing one with a further fine which may extend to one thousand rupees for every day after the first during which such offence continues.

48 The Nagaland Gazette, Part-V August 31, 2023 39 .Offences by Companies

(1) Where an offence under this Act has been committed 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 welt as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

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 at! due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1) where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent 01 connivance of, 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 shalt also be deemed 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 includes a firm or other association of individuals; and II. 'Director', in relation to a firm, means a partner in the firm.

40.Compounding of offences

(1) Any offence whether committed before or after the commencement of this Act punishable under Sections 32, 33 34, 35, 36, 37, 38 or any rule made under this Act, may either before or after the institution of prosecution, be compounded by such officers of the Fire and Emergency Service and for such amount as the State Government may, by notification in the Official Gazette, specify in this behalf:

PROVIDED that no offence shalt be compoundable which is committed by failure to comply with a notice, order or requisition issued by or on behalf of the State Government or of any of the officers authorized under this Act and until the same has been compiled with so far as the compliance is possible.

(2) Where an offence has been compounded under sub-section (1), the offender if in custody, shall be discharged and no further proceedings shalt be taken against him in respect of such offence.

41. Protection of action taken in good faith No suit, prosecution or other legal proceeding shall tie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or any rules made thereunder.

42. Cognizance of prosecution No court shall proceed to the triaL of an offence under this Act, except on the complaint of, or upon information received from the Director or the officer authorized by him in this behalf.

Jurisdiction No court inferior to that of a Judicial Magistrate First Class shalt try an offence punishable under this Act.

August 31, 2023 The Nagaland Gazette, Part-V 49

CHAPTER VII APPEALS

44. Appeals

(1) Any person aggrieved by any notice or order of the Judicial Magistrate First Class or Fire officer 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 the notice or order appealed against:

PROVIDED that the Appellate Authority may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing it within that period

(2) An appeal to the Appellate Authority shalt 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 in the Rule framed under this Act, P) An order of the Appellate Authority on an appeal shall be referred to the Second Appellate Authority and the decision will be deemed final,

(4) The Director of the Nagaland Fire a Emergency Services shall be the Appellate Authority.

(See,, Schedule of formats chapter XII) 50 The Nagaland Gazette, Part-V August 31, 2023

CHAPTER VIII TRAINING 45 Establishment of Fire and Emergency Training Institute

(1) The State Government may establish and maintain one or more training institute in the State for providing courses of instruction in the prevention and extinguishment of fire and also emergency services /disaster and may dose down or re-establish any such centre.

(2) The State Government may extend the training facilities at the institute to be established under sub-section (1) to the Fire and Emergency Service under the control of local bodies, industrial undertakings, public and government employees as well as to the State Fire and Emergency Service of other States on payment of charges as may be prescribed,

(3) The State Government may prescribe such fee and such procedure as it may deem fit for providing a course of instruction in the prevention and extinguishment of fire.

(4) Subject to the observance of general rules applicable to other employees of the Government in relation to training, the employees of the Fire and Emergency 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 State Government for the administration of the provisions of this Act.

46, Community Preparedness The Director or Fire Officer shaU conduct community awareness and training programmes on preventive measures on fire ft other emergencies. The Fire and Emergency Service shalt render assistance and consultation to the communities in matters related to fire prevention as per Rules.

August 31, 2023 The Nagaland Gazette, Part-V 51

CHAPTER IX LEVY OF FIRE TAX, FEE AND OTHER CHARGES

47. Levy of fire tax

(1) There may be Levied a fire tax any Buildings which are situated in any area in which this Act is in force and such tax rate shall be determined by the Government and notify in the official Gazette from time to time,

(2) No fee shall be levied on any building vested in or under the control or possession of the Government or public Authority owned by the Government,

48. Mode of assessment, collection, etc. of fire tax.

(1) The authorities empowered to assess, collect and enforce payment of property and other tax under the law authorizing the local authority of the area to Levy such tax shall, on behalf of the State Government and subject to any rules made under this Act, assess, collect and enforce payment of the fire tax in the same manner as the property and other tax are 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, references and penalties shall apply accordingly.

(2) Such portion of the total proceeds of the fire tax as the State Government may determine shalt be deducted to meet the cost of collection of the fire tax.

(3) The proceeds of the fire tax collected under this Act reduced by the cost of collection shall be paid to the State Government in such manner and at such intervals as may be prescribed.

49. Fee on deployment of Fire and Emergency Service beyond the Limits of the State

(1) Where employees of the Fire and Emergency Service are sent beyond the limits of any area in which this Act is in force, in order to extinguish a fire in the neighborhood of such limits on the request of any State Government or local body or

(2) and Emergency Service authority shall be Liable to pay such fee as may be prescribed by the State Government from time to time in this behalf.

(3) The fee referred to in sub-section (1) shaft be payable within one month of the service of a notice of demand by the Director on the State Government or local body or Fire and Emergency Service authority, as the case maybe, and if it is not paid within that period, it shalt be recoverabte as an arrear of land revenue.

52 The Nagaland Gazette, Part-V August 31, 2023

CHAPTER X FIRE PREVENTION AND LIFE SAFETY FUND 501 Constitution of Fund:

(1) Thereshattbeconstituteda fund tobeknownas" Fire Preventionand Lifesafety Fund".

(2) The proceeds of fire fees, tax and penalties (other than fines) recovered under this Act, shall first be credited to the Consolidated Fund of the State and after deduction of the expenses of collection and recovery therefrom, under appropriation duly made by taw in this behalf, be entered in and transferred to, fund constituted under sub-section(1

(3) Any amount transferred to the fund under subsection (2) shall be charged on the Consolidated Fund of the State,

(4) The amount of the fund shaU be expended In such manner and under such conditions as may be prescribed, for the purposes of this Act

(5) The fund shall be reflected into the budget estimate of the respective authority and the accounts in respect thereof shall be maintained and audited in accordance with the procedure prescribed for this purpose of maintenance of accounts on the relevant law or the rules and orders made thereunder as are applicable to the respective authority.

(6) The fund sh1t be utilized for community preparedness, training and procurement of fire-fighting equipment as prescribed in the Rules.

August 31, 2023 The Nagaland Gazette, Part-V 53

CHAPTER XI MISCELLANEOUS 51 Reciprocal fire-fighting arrangements with other Fire and Emergency Service The Director may, with the previous sanction of the State Government, enter into an agreement with any Fire and Emergency Service or the Authority which maintains 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 purposes, on such terms as may be provided by or under the agreement on reciprocal basis in public interest.( see: Schedule of formats chapter XII)

52. Declaration of Fire and Emergency Service as Technical Service Without Prejudice to the provisions of any other law on the subject for the time being in force, the State Government may, by notification in the Official Gazette, declare the Fire and Emergency Service as Technical Service since it requires mandatory technical courses/ trainings.

53. Deployment to other area The Director or any Fire Officer authorized by the State 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 employees of the Fire and Emergency Service with necessary appliances and equipment to carry out firefighting operations in such neighboring area and thereupon all the provisions of this Aa 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.

54. Employment on other duties It shall be Lawful for the State 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 which it is suitable by reason of its training, appliances and equipment.

55. Power to obtain information The Director or employees of Fire a Emergency Service, 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 alt the information in his possession.

56. Power to seal buildings or premises

(1) Where, on receipt of a report from the Fire Officer under sub-section (5) of Section 24, or suomoto 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.

54 The Nagaland Gazette, Part-V August 31, 2023

(2) If an order made by the Director under subsection (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 shalt comply with such directions.

(3) After the removal of the persons under sub-section (1) or subsection (2), as the case may be, the Director shalt seat 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 seat except under an order made by the Director, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to twenty five thousand rupees, or with both.

57 Police officers and others to aid In fire-fighting operations or any other duties related to seizure, detention or removal of any goods involving risk of fire, it shalt be the duty of a police officer or employees of the police force to assist and aid the Director or such Fire Officer in performance of such duties under this Act.

58. Fire and Emergency Service functioning in the State immediately before the commencement of this Act to be deemed to be Fire and Emergency Service constituted under this Act Without prejudice to the provisions contained in any other law for the time being in force

(1) the Fire and Emergency Service functioning in State before the commencement of this Act (hereafter in this Section referred to as the existing State Fire and Emergency Service') shall, on such commencement, be deemed to be the Fire and Emergency Service constituted under this Act and every member of the existing State Fire and Emergency Service holding the office, shalt be deemed to be appointed and to hold the office, under this Act;

(2) all proceedings pending before any Fire Officer of the existing State Fire and Emergency Service, immediately before the commencement of this Act be deemed to be proceedings pending before him in his capacity as the holder of the office to which he is deemed to be appointed under sub-section (1) and shall be dealt with accordingly.

59. Death of member of Fire and Emergency Service In the event of a member of the Fire and Emergency Service dying while on duty, the State Government shalt pay adequate amount to the next of kin as funeral expenses or such amount as the State Government may by an order determine.

60. Calling of returns, reports, statements, etc.

The State Government may call for such returns, reports and statements on any subject connected with fire prevention and fire safety, the maintenance of order and the performance of duties by the Director, fire officers, operational employees, employees and subordinate Operational staff, and the same shall be furnished immediately.

August 31, 2023 The Nagaland Gazette, Part-V 55

61. Power to make Rules

(1) The State Government 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- (I) recruitment to, and the pay & allowances and all other conditions of service of the employees of the State Fire and Emergency Service

(ii) constitution of fire stations and other field formations;

(iii) form of certificate of appointment and fire officer under whose seat such certificate of appointment shaU be issued;

(iv) mode of assessment, collection and enforcement of payment of fire tax;

(v) manner in which fire tax collected shall be paid to State Government;

(vi) fee on deployment of Fire and Emergency Service beyond the limits of State terms for reciprocal fire-fighting arrangements with other Fire and Emergency Service;

(vii) the minimum standards for fire prevention and fire safety measures form of declaration, appeal, notice and fees under this Act;

(viii) charges for extending training facilities at Fire & Emergency Service Academy to others;

(ix) Officers of the Fire and Emergency Service, and the amount for compounding of offences;

(x) making available to the Fire and Emergency Service with such appliances and equipment as It deems proper;

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

(xii) constructing or providing fire stations or hiring places for accommodating the employees of the Fire and Emergency Service and its firefighting appliances;

(xiii) giving rewards to persons who have given notice of fires and to those who have rendered effective service to the Fire and Emergency Service on the occasion of fires;

(xiv) the training, discipline and good conduct of the employees of the Fire and Emergency Service;

(xv) speedy attendance of employees of the Fire and Emergency Service with necessary appliances and equipment on the occasion of any alarm of fire;

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

(xvii) generally, for the maintenance of the Fire and Emergency Service in a due state of efficiency;

(xviii) regulating installation of pandats and temporary structure;

(xix) writing of confidential reports of fire officers;

(xx) determining the description and quantity of fire fighting and rescue equipment including appliances, clothing and other necessaries to be furnished to the Fire and Emergency Service;

(xxi) institution, management and regulation of any Fire and Emergency Service fund for any purpose connected with policy administration;

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

(xxiii) generally, for the purposes of rendering the Fire and Emergency Service efficiently and preventing abuse or neglect of their duties; and

(xxiv) Any other matter which is required to be, or may be, provided by the Rules.

56 The Nagaland Gazette, Part-V August 31, 2023

(3) Every rule made by the State Government under this Act shalt be laid as soon as may be after it is made before the House of the Legislative Assembly of State white it is in session for a total period of thirty 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 shalt 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 shalt be without prejudice to the validity of anything previously done under that rule.

62. Delegation of powers

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

(2) The Director may, by order, direct that any power conferred or any duty imposed on him by or under this Act shalt, 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 specified in the order.

63. Repeat and Savings If immediately before the day on which this Act comes into force in an area, there is in force in that area any law or rule having the force of Law which corresponds to this Act, such corresponding Law in so for as it relates to any matter for which provision has been made in this Act shatL on that day stafld repeated:

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

(1) to provide and maintain such water supply and fire hydrants for firefighting purposes as may be directed by the State Government from time to time;

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

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

and

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

64. Power to remove Difficulties

(1) If any difficulty arises in giving effect to the provisions of this Act, the State 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 shalt be laid as soon as may be after it is issued, before the Legislative Assembly of State.

August 31, 2023 The Nagaland Gazette, Part-V 57

65. Act to have overriding effect and effect of other laws

(1) The provisions of this Act shalt have overriding effect notwithstanding anything contained in any other law for the time being in force, in so far as the provisions relating to fire prevention and Life safety are concerned,

(2) Notwithstanding anything contained in any other law for the time being in force, when anything in relation to the fire prevention and life safety measures is required to be done or approved under this Act, any such thing shaU not be deemed to have been untawfutty done or approved by reason only of the fact that permission, approval or sanction required under such other Law therefore has not been obtained

(3) The provisions of this Act and the Rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other Law for the time being in force or in any instrument having effect by virtue of any other Law.

(4) Subject to the provisions of sub-section (3), the provisions of this Act shall be in addition to, and not, save as expressly provided hereinabove, be in derogation of the provisions of any relevant law for the time being in force in any area in which this Act is in force.

66. Requisition of Firefighting property Where the Director or Fire Officer, who is in-charge of a fire-fighting or any emergency operation requires fire-fighting equipment and appliance or property of any other Authority or any institution or individual, he may by order requisition such equipment or property for the purpose of extinguishing 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.

67. Special dispensation to the subordinate operational staff To encourage outstanding firefighters of the department who shows exceptional gallant act while saving the life and property, the Director/HOD may, with the prior approval of the State Government, either promote such officers out of turn to the next higher rank subject to availabfLty of vacancies and eligibility criteria of the departments Service Rules or grant monetary benefit as the case may be. Such promotions shalt not exceed 2 percent of the sanctioned strength in such ranks which shalt also be considered taking into account of the personnel's APAR and normal/routine performances in the department. For purposes of seniority such promotees shaft be placed at the bottom of the promotion list drawn up for that year.

68. Amendment As and when it appears expedient, the state government may amend any provisions of the act and approved by the state Legislative assembly.

58 The Nagaland Gazette, Part-V August 31, 2023 Chapter XII Schedule of formats L Section 22 Sub-Section (2)

2. Section 23 Sub-Section (2) risk of fire.(Forni-'B')

3. Section 23 SubSection (1) 4, Section 23 Sub-Section (3)

5. Section 23Su b-Section (4)

6. Section 24 Sub-Section (5)

7. Section 24 Sub-Section (5)

8. Section 24 Sub-Section (5)

9. Section 25 Sub-Section (i) Certificate.(Forrn-'D) LU. Section 25 Sub&ctioii (i) ii. Section 25 SUb-Section (i) D2')

12. Section 25 Sub-Section (ii)(iii) & (iv)

13. Section 26 Sub-Section (i)&(Ji)

14.Section 26Su b-Section (2)

15.Section 2713 Sub-Section (a)

16.Secliun 27A Sub-Se1ion (1)

17.Scction 27ASUb-Section (4)

18.Section 278 (d)

19.Section 27ASub-Section (6)

20. Section 27A

2I.Section 44

22.Scction5l Declaration by the erector of Pandal.(Form.'A) Notice for remvai of objects/goods likely to cause Not3c to owner iQcompIy.(Eorm-'Bl ) Seal Order.(Fomt-'BT) Notice for claiming of seize goods. (Forrn'B3) Declaration by owner'occupier. FonmC' Certificate by License agency (To be given to the owner). (Fornw C I') Six Months Certificate (l'wkc a year)(Eorm-C2 ) Application for grant of fire safety Application for renewal of fire safety Certificate.(Form-'D 1') Issue of No Objection CertiIiete/ Fire Safety Certiflcate, (Form- Caned tat ion of NOCI (Form--DJ"") Appointment of fire safety officcr, (Form-'E') Certi1kte of appointment of fire safety Officer.( Form-"E F1) Grain of license to act as a licensed Agcncy,(Form-E) Notice tr entry arid inpction(Form-F 1') Notice to woman in the building /premises to withdraw thcrcfrom.( Form-h F2) #Suspension or cancellation or licencc1 (Form -F3') Not ice regarding inadequacies/contravention during Inspecti orL(Form- F4') Inspection Format (Form Ji to JI0 Form of appeal to the Appellate authority(Form-'Q) Fo nn for reciprocal Ii reflghting arrangements. (Form.' H) August 31, 2023 The Nagaland Gazette, Part-V 59 FORl-"A DECLARATION BY THE ERECTOR OF PANDAL See rule 2112~ (name of the cretor of pandal)Having registered omce at Do hereby declare that the pandal erected at Measuring meters by meters shall remain in place With cticct from to and that fire prevention and fire satty Measures as required wider IS 8758 : 1993 (REAFFIRM IN 2002) and National Building Code of India have been provided therein and further that the complete erection of pandal and electrical services are in conformity s ith the standards.

Also, it is declared that nostoragc/ase of the llarnnrnble liquid or gases is done in the pandal and that electrical wiring has done in conformity with Indian Electricity Rules by authorized persons.

I, also, declare that following trained fire-lighting staff shall remain on duty during the occupancy of the pandal:

- 3, (Signature of erector of pandal) Dated:

Place:

60 The Nagaland Gazette, Part-V August 31, 2023 FORM-."R" NOTICE FOR REMOVAL OF ()H.IECTSICOODS LIKELY TO CAUSE RISK OF FIRE See rule 23(2) To, Shri Whereas, Government has, by notification, Deparuiient, Notification No.

Dated published in the Nagaland Government Oazeue, dated required that the owners or occupiers of prrnises or uny Ctass of premise-s, used in the tbflowing area, which in its opinion, are likely to cause 'fisk oftirefobstructionto fire-fighting, to take such precautonsashave been specified in the said notifications.

And whereas, on inspection of the aforesaid prLmises, it is noticed that the objects or oods mentioned in the list appended herewith are such as are likely 10 cause risk ol ihe fire and are required to be removed to a plact of afcty Now, therefore in exercise of the powers conferred on me under sub-section '21 G) of the 'Nagaland Fire& Emergency Service Act herey given you ROtICC that you shall forthwith remove d said objvts or goods to a place of safety and submit the report in respect of your having done so to the undersigned ithn days4.

Place:

Date:

Snaiure Name and Designation of The Officer competent to issue notice (spcuii\ the period considering the urgency to remove the objects and goods) August 31, 2023 The Nagaland Gazette, Part-V 61 F01011-1111 1" NOTICE TO OWNER TO COMIX See rule 23 (I) To Whereas, by notice No.. ..................... dated .........................issued to you b .........................................and Received by you on you were required to remove forthwith the objects or goods specified In the list appended to the said notice, to a place of safety and to submit a report in respect of you having done so to the undersigned;

And whereas, it is round that you have not complied with the said notice and have not removed foithwith the said objects or oods to a place of safety and they are still lying where they were which is likely to cause the risk of fire Now, therefore, in exercise of the powers conferred by sub-section 2) of section 21 of the Nagaland Fire & Emergency Service Act. I, ,-............................... hereby Call upon you to submit your say, if any, addressed to the undersigned so as to reach by or before 5.00 p.m. On as to why the said objects or goods should notbe seized or detained or removed by taking assistance of a District Administration and Police Officer.

Place:

Date:

Signature and Designation of the Officer 62 The Nagaland Gazette, Part-V August 31, 2023 FORM-H Br SEAL ORI)FIU Sx rule 23 (3) Date & Time C3ab No WHEREAS a report has betn received from the authorized tire Officer dated regarding certain goods/objects that are imminent cause of tWobsiruction to fire righting.in the premises or building or temporary structure, shamlyana or tent or rnandap or pandal erected or occupied by you, WHEREAS you have fákJ to can out the orders of the authorized officer under sub-section (2) of section 21 of the Nagaland Fire & Emergency Servks Act, AND WHEREAS you have failed to make representation under Ub-section (I) of section 233 of the Nagaland Fire & Emergency Services MI! Or the reasons submined by you vide letter dated are not found sttsfaciory, $OWTIIETREFORE I. (name of the Awhority) ,designation) empowered unkrub-cction (3) of section 23 o( the Naaland Fire & Ernergcny Services Act Hereby order to seize, detain or remove ihe encroachment of the following goods/objects for the reasons stated against each.

SI No Place from where to beeied Particulars of ohject or goo5s to SIIled Quantity Reasons for seizure and decntaori (Signature of Authority) Name. and Designaiion(adrninistration) To:

1. (name and address of the Owner/occupier of the huiIditg orpimises or panda August 31, 2023 The Nagaland Gazette, Part-V 63 FORM-"B3" NOTICE FOR CLAIMING OFSEIZED GOODS See rub 23 (4) WHEREAS certain objects/goods wem &cd. on (date) from premises located (address of ihó premises) in case No Dated under Section 23 of the Act.

WHEREAS the said olts/goods are notv tying at (address of the premises).

NOW THEREFORE office at (name) tDcsition) having & hereby call upon you to remove the objects/goods on any working day beten Ifrs to Urs within days at your risk and cost failing which it shall be presumed that you don intend to claim the said objecttxkls and the same shall be dispod off by ay of public auction under the provision of subseciion (4)1 (5) of setion 23 of the Nagaland FireA Emergency SeMce Act without any further iotice (Signature) Name Designation Dated:

Place:

64 The Nagaland Gazette, Part-V August 31, 2023 FORM-C' DECLARATION BY OWNER/OCCUPIER See rule 24 (5) DECLARATION It is hereby declared that the ( name of the building or premises ) located address Comprised of (upper floors (have complied with The fire prevention and fire safety requirements in accordance with State building bylaws and National Building code of India, 2016and issued Fire Safety Certificate vide: /Computer ID No, for a period of And the fire prevention and fire safety measures provided in the building/premises have been checked by rue/in my presence by Fire Safety officer on arid found them in place and in good repairs It is further declared that no additions or alterations have been made in the building/premises affecting the lire prevention and fire safety measures including the means of escape and that all exits and passages are free from any obstruction.

(Signature of owner/occupier) Name in Block Capitals Address Counter signed (Fire Safety Officer*) Name ..-....

'Strike out whichever is not applicable.

It basement (s) and August 31, 2023 The Nagaland Gazette, Part-V 65 FORP'C I Unification bv.ihe Licensed Agency for compliance of the Fire Preen1ioI I fe Safe kaurs, (TR I IFWATE BY L10ESE ACECY (TO BE GI T-OTH E OWNER) See rule 24(5) ceiied that IIWc have exectcJ the works tovards compliance: in relation to Fire Prevention and Life Safety Measures lo be provided aud periorined Iir related activities required to be carried 0111, in the following building or prernies as required under the provisions of the Nagaland Fire & Ernerency Services Act, Description aiid Location of Building or Pruiiks Tile details of 6e. urks and rdated activities- vbic1i I or we have executed are mentioned in the 11siappendd herewith, Place Siraturc and Address of the Licensed Agency Date:

Licence No.

Fire Prevention & Audit Officer ['Note For each building aseparate ceificate is be necessary], 66 The Nagaland Gazette, Part-V August 31, 2623 FORM-11C211 Six monthly ceificates to be given by the owner or the occper for compJanceII. of the Fire Prevention and life Safety Measurec CERTIFICATE BY LICENSE AGENCY See rule 24S) Certified that I/ We have carried out inspetion ot th Fire Prevention and life Safety Measures installed in the following building or premises, namely* IAVe further ceify that these installations in the above mentioned buildings are maintained, in good repair and efficient conditions during the period , as under the provisions of the Ngland Fire& Emergency Service Act. The details of the inspection of installation carried out by me/us are mentioned in the report appended herewith.

Place:

Date:

Signature and address of the licensed Agency.

License No.

Fire Prevention & Audit Officer [Note: 1. 'detailed location and postal address are to be provided here.

August 31, 2023 The Nagaland Gazette, Part-V 67 Fl) R 'P ir APPLICATION FOR (RAT 01" FIRE "SAFETY CERTIFICATE S rule 2S() To The Inspector General Fire & Eme1'gency Services Nagaland, Kohirna Khima .797001 Sub: Application for grant of fire Safety Cettlkate in respect ( address of build in/premises).

Sir, This is to inform you that a fife safety certificate needs to be issued in respect name of the building located at ......

Address of the building I comprised and having oupancies tIl III •Itl*lt'tk• 1441! !II! 1.-twa,.. Ii.....

4.. dl t4.* q l#4444 144$•4 4.4.fl#la14..+4.t. a...., I ..-*ta wilts,. tIl.Iutt4f!..rtlt41gIS...Ic54 4fl141.,I ..........................n.n..a ......

In this connection it is submitted that all the îìà prentlan and lire safety measures as recomrnenOd by you vide letter No, ... •45k44lflfl........ Inspection Repow have been provided in the builUlng/pernises and Para wise compliance report is enrosed, You are requested to kindly take action as necessary for grant of fire safety certificate For occupancy of the building/premises.

Dated:

Contact detaUs:

Sgnawre of tW application 1) Name in full *4* 4*4 1".44.0 0--w #I *iltI4l.W ti I•I Pt$ø 4*IP414!44t141*I Tel No ..........,.*fle...

Mobile No 68 The Nagaland Gazette, Part-V August 31, 2023 FORM-111111 11 APPLICATION FOR RENEWAL OF FIRE SAFETY CERTIFICATE Scv rule 25 (i) To The Inspector General Fire & Emergency Services Nagaland, kohima Kohima•797001 Sub: Application for renewal of fire safety certificate in respect of.......................................

(address of the building/premises).

Ref: Vde: Computer ID No. ...................

Sir, This is to inform you that a fire safety certificate was issued vide your letter No, _Dated ... in respect of ....... .............. -................................ .. (name of the building ) located at ...............................................(address of the building ) is valid until and is due for renewal for a period of another ......... ..............- years Wef .................. ......

In this connection, it is submitted that there is no material change in the building affecting the means of access, means of escape and that all fire prevention and fire safety measures have been tested and are in good working condition.

You are requested to kindly take action as necessary for renewal of fire safety certificate for continued occupancy of the building/premises.

Dated:

Contact details:

Name in hall.

Mobile No.

Ends: Declaration Form( Form Q.

(Signature of the applicant) August 31, 2023 The Nagaland Gazette, Part-V 69 FORMD2M ISSUE OF NO OBJECTION CERTIFICATE See rule 25 (1) Certied that the I name of the building or premises.

(address) comprised of basernents) And (irnncr ~Gof 51 V U I P. '..i.i 1 , (name of the conipay/ name of the owner/occupier) have complied to fire prevention and fire safety requirements in accordance to National Building code of India, 216 and Nagaland . fire & Emergency Service Act, inspected/audited by Inspection Officer/Asst.

inspection Olbcer and verified by Fire Prevention & Audit Officer of Fire& Emergency Services on date of rnspection ) in the presence of s of the owier o hs and addres re pres ntative} and that the bu ddi n 1prernises is ht for occupancy • 4..(type of occupancy as per NBC, 216) with effect from •. or a period of......................,... yea in accordance with section15 unless renewed under 56sectiorI (i) of Section 2$ or sooner cancelled under svb-section i) of Section 25 and subject to compliance of the conditions as in National Building code of India, 2015 and Nagaland Rre & Emergency Service Act Issued on at Nagaland by (Name and designation of the authoiied ignatoryj Vide 4_4.4or Computer ID 'Strike out whichever is not applicable.

70 The Nagaland Gazette, Part-V August 31, 2023 FO RM3 SUSPEN90NICAUUTION OF NO 08AMON CERW1CTE e rute ;5 (ii) (iii)ft(iv) ENDOWMENT lie No Oebion CeVUle lisued lo ccordarice wd seio25 MEIII III lift! I IMPI ! lift 1141711 11 1 mirl it, ,Too o it., A .—DitEd ... to. 44.4MA4i I t. (DrII—Iiii I i I Ito I lo.d.loviefi If I ArviOlirl pt Fill ty If If I I I I I I I Fill of I I it 411 ! 111 k I I q6til 1 j4p 41011 it I I huh 014 Woof it i1olimi liqq4 1 14#11111101 Will 110, of, if, IF ........... ~Pime of the hMlng with dfm) côprisd of i,,lPPuipOiP iii P!JHI it iif$I!frhd*udtdid p (lip k)m) ose kji *I Fill pill I imoll pim I Ito OF I Of do 1 114 040 014 11041,11014 11110041 1111111110111,1110 It Is 06001 1 W 411114 Ili uiuui Ito uuitiuu Ito u 114 m I I a I (tpc 01 acuprCij IS hrb stand ncelltd/SUSPIiYOEO and artuiled doe N4ftIbIfl1,1IItluI HuIuuIffl1tUhIPtJu9IIf!Phl4l*øftlIutI lift IM III 111111,1111"op I Full I 111HIIA101 "I Ito 144414 .IH44+IM+41.4 SoiS to be recde ) ( Nime vd- desilpitiop of Onulhoriied snato) August 31, 2023 The Nagaland Gazette, Part-V 71 FORM-I" APPOINTMENT OF FIRE SAFETY OFFICER See rule 26 (1) WHEREAS the buikfi/premises bearing No.

t I, p pp Pt ", p pp PIP P I ? Pt located at P I P P III PM114 PPI!IP P4PI4P4IPIPI of o on P 14 Is to Is I Pill IIIPIPI IplilIlli I. boost I 14111 4*111 I.l41I 111114* I is comprised 111444111bPbilIblIlPILiItWPN'*Pl ItIlti PPti*itIlt*tilliP*ifl pii*ppii*-*lIiip!*4414* ad covered under this act.

AND WHEREAS the.owner/occupier/an association of such owners and occupiers were required to appoint afire Safety Officer under section 26 of the Act.

NOW THEREFORE, I Director/Nominated Authority appointed under the Act, call upon you to appoint a Fire SfetyOfflcer within days failing which the owner or occupier or an association o such owrers and occupiers shalt be deemed to be in default jointly 'and- severally and penal action shall be initiated under sub-section {4) of section 26 of the Act without anyfurther notice oropportunity.

IG (&tS) Nagaland, Kohirna Or Fire Prevention &.Audit Officer Puce;

Date:

the owner/occupier/an association of such owners and occupiers 72 The Nagaland Gazette, Part-V August 31, 2023 FORM-'El" CERTIFICATE OF APPOINTMENT OF FIRE SAFETY OFFICER See rule 25 (2) No. Dated:

Certified that, Shri...................,...............

Son of Shri Residentof ....... .................................

Passport sire photograph of the member attested by Regional Fire Officer or the Chief Fire Officer Whose photograph appear on the right corner of the certificate, has been appointed under section 26 of the Nagaland Flre& Emergency ServIcesAct and vested with the powers, privileges and immunities as an asodate member of Fire Service with effect from........................

He shall carried out duties and function as prescribe in subsection (1) of section 26.

The appointment of Fire Safety officer for premises/ building does not validate as a member of a Government employee.

Pay and allowance is at a discretion of the owner/company/ proprietor etc as deem fit.

No compensation or whatsoever entitle to Government shaft not be applicable.

In the event of any complain or for any other reasons recorded in writing the Director/Competent Authority as the case be may terminate the appointment made under this Act.

Date , Signature Place:

Name and Designation of HOD Attestation by ......................

August 31, 2023 The Nagaland Gazette, Part-V 73 FORM'P GRANT OF tICEN5ETO ACT AS AN LICENSED AGENCY See rule 27E (a) Licence No. Oate- Ucence is.herey granted or renewed under the provisions of bsection (a) of. section 27D of the Nagaland Fire & Efneigency Service Act to having Their register office at 0 to act as Licensed Agency for the purposes of the said Act for execution of the fire prevention and life safety measures in relation' Co in clasi ,Subject to The provisions of sub-sect ion:(h) of -section 27 or the said Act, the license will be valid for 3 years period frorn subject to renvdt To ;$EAI. OFTHE OFFICE Director/HOD Nagaland FORM-'F1" NOTICE, IQt( INT1V A ND lPI'( I toN See rule 27A (I) No. Dated:

......................... . IFie Nominated Authority appointed under the Acts do hereby give you noticetliat 011 expiry oltliree hours from the time of survicQ of this ncLc upon you, I shall enter and inSpetyoa building/premises bearing Na........................

located. at ......................... for the purpose of ascertaining time adequacy or contravention or Fire Prevention and FireSarety measures as required to be provided under theaforesaid Act.

Nominated Authority.

Occupier/Owner TO 74 The Nagaland Gazette, Part-V August 31, 2023 FORM-12" NOTICE TOWOAN IN 1HE. BU! IW IQMIS1S TO WITHDRAW THEREFROM ............ ' if- - f See rule 27A (4) Tol ewpovi-eW by sub section (1) 01 section 17A of the Nagaland Fire & mwgcncy Se"ice ACt. he given a notice to the owrur or ociper of or premises bearing No.

located at that on expiry of not less than three-hours from the 1ie of serce of thenotce,on him ...--.-!.

this , day at the I shall enter and Inspect the said building or premse for the purpose of asceain1ng the dequary and contravention of fire prevefltion and h1e safety measures as required to be provided by or wider the provisions of Ili d AcL Since you arciñ this building or priss, I herebj give iot this notice t]131 you are di liberty to withdriw theiefore the aforesaid entpi and inspetion.and you may withdraw now, if you desheto do so Signature Inie arid deslnaon of ffe Place:

Date August 31, 2023 The Nagaland Gazette, Part-V 7 5 If)RM-F3" rOTU'FT() 1 10ENEI) ACENC\' 1'010L:p1sO\ ou I I I U OI I IeINCF See rule 27li d) WHEREAS a Ucene to atas a Licensed Agency for the purpose ifthe Nagaland Fire& Emergency Service Act, bearing a licence No.. ... Dated........................

has been granted or renewed in the name of and tht licence so granted or renewed was subject to the provisions section 27(B) of the said Act and the conditions of licence, specified in ubsctIon (h) of Section 27 (B) of the Nagaland Fire& Emergency Se(vice Act;

AND WHEfiEAS it is noticed that you are guilty of the following acts, naniely-

(1)

(2) AND WHEREAS these.: acts amount ta NOW THEREFORE, in exercise of the poweri conf erred on me by sub-section (d) of section 27(8) the said Act {read with subsection (e) to & (g) of section 27(B of the said Act), I, hereby call upon you to show cause in writrng, within.a period o130 days from the fwipt of this notice as to why the licence so granted or renewed in your favour should not be suspended.

SEAL OF THE OFFICE Place; ( Date; Director 76 The Nagaland Gazette, Part-V August 31, 2023 FORM-41P" NOTICE RfARNG INADEquAcIES/CONTflAVENTION DURING.-INSPECTION See rule 17A (6) TO, Whereas after, after giving you notice. dated under sub-section J of seLtioi' 27A of (lie Nagaland Fire & Emerncy Service Acts the nomnated officer.has or I have Inspected the foUowing bulldin6 or premises, narneIy:

And the to ong deviations from or cositraveritions of the requirement with regard to the lire prevention and life safety measures or inadequacies or non -compliances* of such measures pivided or to be provided therein with reference to the height of th# budding or the nature of actMtes carted on insuch buiIdihgor peines or part thereof have been reported by the nominated officer or are noticed by me..

Now, therefore, in exercise of the. powers conferred by, said Act, I hereby direct you to undertake the following measures wit hi .. .,days after receipt of this notice byyau.

hereby further direct you to report the compliance in this retard immediately to the undcrrd, Place:

Date: Signature Name and dosignati0o of the Officer.

August 31, 2023 The Nagaland Gazette, Part-V 77 OflM 0 fpi Of APEALTO THE A .P.ELI!ATE AUTHORITY See rule 4.4 Appeal No4 4444 I I44$ 4I8H4 I4S 44j4HI 4I*I44 Of ZO.

S hri .4 Son of Shr Resideat 01 •t1u,t,1tU414tflhfl4flt14411 !t.IflP! •!!n!fl*W'•' .n1*.t$*.1Ilp*I..t...,t.I.. a, pa .q..,p,a,.,n.., A)pe lLiit Versus Noniinted AuthorityIL)r&cto r/St b DivsonaJ Mgbt rdteRe5po n dent Appeal under section. ..

a of Ngard gainC the notice/order of 5hr.. H Nominated AuthoriLfSub D ional t1aistrate/Director dated; 4444 Sir, The Appellant respecifully shwtPi it., under: - 1, Statement of facts.

L Groundofappeal.

.3. Fee of Rs 5000/ has been paid vide receipt No. 4,...M•fl. dated .. ........

4. Appeal is within time, S. No other Appeal or 4oy matter relating to the subject matter of this ppe3l many court of law.

6. Relief dairned.

Signature of Authorized represetitatht 1 if any, $inature of AppefiJr%t VIFKAT IC N I 444,44.4. 44 4 1 The appellant do here y declare that what is stated above is iruc to the best of my personal knawed.e and belief and that! have not suppcessd inymaterial facts Verified to6y1 the .....t.....day of 2O,....

Sienature of Authorized rpree ntativ, if any, Sinatu re of Appellant 78 The Nagaland Gazette, Part-V August 31, 2023 FORM-11H" FORM FOR RECIPROCAL FIkEFIGHTING ARRANGEMENTS See rule 51 Date;

WHEREAS this Agreement (hereinafter called Agreement) is entered into between Nagaland Fire& Emergency Servke(hereiiiafter called Party A )thiough ( nameand designation of the officer having office at and ( hereinafter called Party R ) through (name and designation of the officer ) having office at on day of 20 for a period of year(s) with effect from to establish theterins and conditions by which either party maV request assistance in public interest free of charge from the other party in responding to an lire emergency or disaster that exceeds the resources available in the requesting party's operational jurisdiction.

WHEREAS for the purpose of this Agréememn the geographical boundaries in respect of Nagaland Fire & Emergency services shall be boundaries covering the whole state of Nagaland and geographical boundaries, in respect of (Party.B) shall be boundaries of AND WHEREAS Party A and Party B agreed to provide the requesting party the following equipment, manpower and appliances subject to availability and Further subject to the terms and execution of agreement TERMS OF AGREEMENT This Agreement is effective upon the day and date of the last signature affixed hereto.

1. This Agreement shall remain in full force and effect until terminated by the parties.

2. This Agreement may be terminated, without cause, by either party upon thirty (30) days written notice, which shall be delivered to the other party by hand or by certified mail sent to the address listed herein.

EXECUTION OF AGREEMENT

1. This Agreement has been authomied and approved by the respective government/authority of each party

2. Each party shall be responsible for the timely submission filing, or recording or the agreement and any subsequent amendment or termination thereof in the proper form and formal as required by law.

IN WITNESS OF WHICH the parties have executed this agreement the day arid year first above written August 31, 2023 The Nagaland Gazette, Part-V 79 THE NACALAND FIRE AND EMERGENCY SERVICES ACT2021(ACT No5 of 2023) This Bill was passed b) the Nugaland Legislative Assembly on27. 03 2023.

Sd/- Kohirna. SHARINGAIN LONGKUMER the 27.03.2023 SPEAKER Nagal.and Legislative Assembly I assent to this Bill Sd/a Kohirnak LA cJANESAN the 14.06.2023. GOVERNOR'

The Nagaland Fire and Emergency Service Act 2021 (Act No.5 of 2023)

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