(1) Every owner and occupier or an association of such owners and occupiers of the following classes of buildings or premises shall appoint a fire-safety officer, who shall ensure the compliance of all fire prevention and fire safety measures and effective operation there of as provided in this Act and the rules made there under, namely:- ----------------------------------------------- 8 [The Uttarakhand Fire & Emergency Service, Fire Prevention and Fire Safety Act, 2016]
(a) Cinema houses/Multiplexes with seating capacity of more than 1000 persons and commercial complex with built-up area more than 10000 sq. mtr.;
(b) hotels with 100 rooms and above;
(c) multistoried residential buildings of 500 residential Flates or more than that;
(d) Oil refineries, LPG bottling plants and similar other institutions;
(e) open stadium with seating capacity more than 50,000 persons and indoor stadium with seating capacity more than 25,000 persons;
(f) hospitals and nursing homes with more than 250 beds;
(g) Industries where more than 1000 are employed,
(h) public and semi-public buildings like large surface and sub-surface railway stations, interstate bus terminuses, airports amusement parks and other similar buildings:
Provided that the Government may, by notification in the official Gazette, from time to time, include any other public and private premises which, in its opinion, require appointment or removal of fire safety officers.
(2) The owner / occupier of the building or Campus or his Institutions with apply in first terminal of the every calendar year on 50 percent or more than of capacity/number fixed for the categorised Buildings /campus in section 9(1), The Chief Fire Officer/Fire officer as the case may be shall bound get no Objection Certificate in relation of effective operations of fire and safety measures. The Chief Fire Officer/Fire officer of the concerning district as the case may be not received the application on last date of the month of March shall inquire buildings/campus of category by himself and do procedure in relation of No objection Certificate and shall impose fine also at the rate of as fixed in section 10 (2) which recovery shall be made as per provision section 10 (3).
Penalty in case of default of non-appointment of fire Safety officer 10
(1) If any owner or occupier or an association of such owners and occupiers of a building or premises fails to appoint under section 16, fire safety officer within thirty days, of the receipt of a notice given in this behalf by the Chief Fire Officer or the nominated authority, as the case may be, each one of them shall be deemed to be in default jointly and severally.
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(2) When the person liable for appointment such fire safety officer is deemed to be in default, such sum not less than Rs. 10 per square meter and not exceeding Rs. 50 per square meter of area owned or occupied by him including in the common areas in the premises as determined by the Chief Fire Officer, may be recovered from him by way of penalty for each month of default or part thereof.
(3) The amount due as penalty under sub-section (2) shall be recovered as an arrears of land revenue.
(4) The person liable for appointing the fire safety officer is deemed not taking any action within three months after awarded punishment under sub-section (2) shall be liable to double money charges as determined by the Chief Fire Officer.
Liability of property owner to pay compensation
11.
(1) Any person whose property catches fire on account of any act of his own or of his agent done deliberately or negligently shall be liable to pay compensation to any other person suffering damage to his property on account of any action taken under clause (c) and (e) of section 8 of this Act by any officer mentioned therein or any person acting under the authority of such officer.
(2) All claims under sub-section (1) of this section shall be preferred to the District Magistrate within one week from the date when the damage was caused. The District Magistrate shall summarily determine the amount of compensation due and shall pass an order stating the amount of compensation to be paid and the person liable for the same, and the orders so passed shall have the force of a civil Court decree.
Power of State Government to make compensation
12.
If a fire is caused in any place by any reason other than those specified in section 9 of the Act, the State Government may at its discretion, within maximum limit of damage, make compensation out of the State revenues to any persons suffering any damage to property on account of any action taken under clauses (c) and (e) of section 8 of this Act.
Restrictions on suits for compensation
13.
(1) No order passed under section 12 of this Act shall be called in question in any court.
(2) Any person dissatisfied with any order passed sub-section (2) of under section 11 may, within six months from the date of such order institute a suit in a civil court of competent jurisdiction to establish his claim. Subject to the result of such suit the order passed sub-section (2) of under section 11 shall be final.
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