(1) This Act may be called the Uttarakhand Fire & Emergency Service, Fire Prevention and Fire Safety Act, 2016.
(2) It extends to the whole of the State of Uttarakhand.
(3) It shall come into force on such date as the 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.
Definitions 2. In this Act, unless the context otherwise requires :--
(a) “Appellate Authority’ means the Appellate Authority appointed by the Government;
(b) “Building” means any structure whether of masonry bricks, woods, mud, metal or other materials and includes a house, out-house, basement, underground parking stable, latrine, urinal, shed, hut or wall (other than boundary wall);
(c) “Building bye-laws” means the bye-laws made by the Government by publication in the official gazette relating to building in the State;
(d) “State Government” means the Government of Uttarakhand ;
(e) “Chief Fire Officer” means the Chief Fire Officer appointed under this Act;
(f) “Fire prevention and fire safety measures” means such measures as are necessary in accordance with the building bye-laws/ 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;
(g) “Fire Safety Officer” means the person appointed under section 16 of this Act as fire safety officer by the owners and 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;
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(h) “Deputy Director” means the Deputy Director “Technical” Uttarakhand Fire & Emergency Service appointed by Uttarakhand Government;
(i) “Fire & Emergency Service” means the Uttarakhand Fire & Emergency Service, Fire Prevention and Fire Safety Services;
(j) “Fire station” means a building erected to house the fire fighting equipment, appliances and staff declared generally or specially by the Government to be a fire station for the purposes of this Act;
(k) “Inspector General ” means the Inspector General, Uttarakhand Fire & Emergency Service,
(l) “Local authority” means the executive officer or C.E.O. of Municipal Corporation, Municipalities, Nagar Panchayat and cantonment Board.
(m) “Multistoried building” means a building with such minimum height as may be prescribed under the rules in this behalf;
(n) “Nominated authority” means nominated authority by the Government, not below the rank of fire station officer ;
(o) “Occupier” includes-
(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 otherwise using his land or building;
(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 ;
(p) “Operational member” of the Fire & Emergency Service means any member of the Fire & Emergency Service who is required to drive or operate a fire fighting vehicle, fire fighting equipment and appliance at the site of fire and participate in the actual extinction of fire;
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(q) “Owner” includes a person who, for the time being, is receiving or is entitled to receive, the rent of any land or building, who 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 tenant and also includes-
(i) the custodian of evacuee property in respect of evacuee property vested in him under the Administration of Evacuee Property Act, 1950 (Act No. 31 of 1950);
(ii) any authority or institution under State law and the head of a Government Department, in respect of properties under their respective control;
(r) “Premises” means any land or any building or part of building appurtenant thereto which is used for storing explosive substance and dangerously inflammable substance;
Explanation :- In this clause, “explosive”, “explosive substance” and “dangerously inflammable substance” shall have the meaning respectively, assigned to them in the Explosive Act, 1884 (Act no. 4 of 1884), the Explosive Substances Act, 1908 (Act no. 6 of 1908) and the inflammable Substances Act, 1952 (Act no. 20 of 1952);
(s) “Subordinate operation staff” includes every member of the Fire & Emergency Service of the rank of Fire Station Officer, Fire Station Second Officer, Leading Fireman, Driver, Fireman and any other equivalent rank officer;
(t) “Fire Station Officer” means an officer Incharge of the Fire Station, Fire & Emergency Service appointed by the Government;
(u) “District Magistrate” means an officer of the Government appointed as District Magistrate/ Chairperson of District Disaster Management Authority.
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3. The entire fire-fighting personnel in the area to which this Act applies for the time being shall for the purpose of this Act, be deemed to be one force to be styled the Uttarakhand Fire & Emergency Service and shall consist in order of seniority of the following ranks :
(a) Deputy Director Technical;
(b) Chief Fire Officer;
(c) Fire Officer;
(d) Fire Second Officer;
(e) Leading Fireman and Driver; and
(f) Firemen.
Superintendence powers and functions