GUJARAT FIRE PREVENTION AND LIFE SAFETY MEASURES ACT, 2013 THE GUJARAT FIRE
PREVENTION AND LIFE SAFETY MEASURES ACT, 2013 [Act No. 11 of 2013] [01st April, 2013] An Act to make effective
provisions for the fire prevention, safety and protection of life and property,
in various types of buildings and temporary structures or shamiyana or tents or
mandap likely to cause a risk of fire in different areas in the State of Gujarat
and for matters connected therewith or incidental thereto. WHEREAS
it is expedient to make effective provisions for the fire prevention, safety
and protection of life and property in various types of buildings and temporary
structures or shamiyana or tents or mandap likely to cause a risk of fire, in
different areas in the State of Gujarat, fire service fee, constitution of a
special fund and for the purposes connected therewith or incidental thereto; It
is hereby enacted in the Sixty-Fourth Year of the Republic of India as
follows:- (1) This Act may be called the Gujarat Fire Prevention
and Life Safety Measures Act, 2013. (2) It extends to whole of the State of Gujarat. (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 the Act. (1) In this Act, unless the context otherwise requires,
-- (a) "building" shall have the meaning
assigned to it in the GDCR or relevant 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 land or building, outhouses,
if any, appertaining to such building or part thereof and petrol, diesel or gas
lines, communication lines, power installations or pumps, whether authorized or
otherwise; (b) "building bye-laws" means the building
bye-laws, rules or regulations made under any relevant law and includes GDCR 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
operation in the area in which this Act is in force; (c) "Chief Fire Officer" means a person as
classified under section 10; (d) "Commissioner" shall have the meaning
assigned to it in clause (9) of section 2 of the Gujarat Provincial Municipal
Corporations Act, 1949 (Bom. LIX of 1949); (e) "Director" means a person appointed under
section 6; (f) "disaster" shall have the meaning
assigned to it in clause (h) of section 2 of Gujarat State Disaster Management
Act, 2003 (Guj. 20 of 2003); (g) "emergency services" means services
required to be rendered in case of manmade or natural disaster or any
eventuality where the life is at risk; (h) "erector" means a person or an
association of persons, whether corporate or otherwise, who erects or makes a
shamiyana or tents or mandap or any structure for occupation of people on a
regular or temporary basis; (i) "fees" means fees levied under section
30; (j) "fire division" means a territory
comprising such number of fire sub-divisions as may be prescribed; and declared
generally or specially by the State Government to be a fire division for the
purpose of this Act; (k) "fire prevention and life safety
measures" means such measures as are necessary in accordance with the
building bye-laws or as required by or under the provisions of any law or the
National Building Code of India, for the time being in force, for the
prevention, control and fighting of fire and for ensuring the safety of life
and property in case of fire; (l) "fire region" means territory comprising
such number of fire divisions as may be prescribed and declared generally or
specially by the State Government to be a fire region for the purpose of this
Act; (m) "fire safety officer" means a person
appointed under section 12 of this Act as the Fire Safety Officer by the owners
and occupiers of certain premises and buildings as specified in this behalf to
ensure fire prevention and fire safety measures installed in such premises and
buildings; (n) "Fund" means fund constituted under
section 32; (o) "GDCR" means the General Development
Control Regulations made under clause (m) of sub-section (2) of section 12 of
Gujarat Town Planning and Urban Development Act, 1976 (President's Act No. 27
of 1976); (p) "Licensed Agency" means a person or an
association of persons licensed under sub-section (1) of section 28; (q) "Housing Society" includes all registered
residential and nonresidential or mixed housing societies, association of
owners or co-owners of flat occupancy, building premises and associations of
owners as defined under the Gujarat Ownership of Flats Act, 1973 (Guj. 13 of
1973); (r) "local authority" means a municipal
corporation, nagar panchayat, municipality, district panchayat, taluka
panchayat, gram panchayat, notified area committee or cantonment board
constituted under relevant local authority law; (s) "Local Fire service" means the local fire
service as may be notified by the State Government under section 3. (t) "National Building Code of India" 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; (u) "nominated officer" means an officer
possessing the prescribed qualifications and nominated by the Director or the
Regional Fire Officer or the Chief Fire Officer to perform duties and functions
laid down under this Act; (v) "occupancy" means the principal occupancy
for which a building or a part of a building is used or intended to be used
including subsidiary occupancies which are contingent upon it; (w) "occupier" shall have the meaning
assigned to it in clause (xvi) of section 2. of the Gujarat Town Planning and
Urban Development Act, 1976 (President Act No. 27 of 1976); (x) "owner" shall have the meaning assigned
to it in clause (xvii) of section 2 of the Gujarat Town Planning and Urban
Development Act, 1976 (President Act No. 27 of 1976) and shall also include the
housing society; (y) "premises" means any land or any building
or part of a building and includes the garden ground and outhouse, if any,
appertaining building or part of a building; and any land or any building or
part of a building appurtenant thereto which is used for storing explosives
explosive substance and dangerously inflammable substance; (z) "prescribed" means prescribed by rules
made under section 57; (za) "Regional Fire Officer" means a
person appointed under section 8; (zb) "regulations" means regulations made
by the Director under section 58; (zc) "shamiyana or tents or mandap" means
a temporary structure with roof or walls made of straw, hay, ulu grass,
golpatta, hogla, darma, mat, canvas, cloth or other like material which is not
adopted for permanent or continuous occupancy. (2) Words and expressions used in this Act but not
defined shall have the meaning assigned to them in the Gujarat Town Planning
and Urban Development Act, 1976 (President Act No. 27 of 1976) or the Gujarat
State Disaster Management Act, 2003 (Guj. 20 of 2003) or any other law relating
to local authorities, as the case may be, and the rules made thereunder. (1) There shall be one State fire service for the whole
of the State and all officers and subordinate ranks of the fire service shall
be liable for the posting to any office of the fire service: Provided
that, the State Government may, by notification in the Official Gazette,
declare any Fire Brigade or any other Local Fire Service of any local authority
of the State, by whatever name called, that the same shall form or shall not
form the part of State Fire Service at any time: Provided
further that, this provision shall not apply to the private fire services
maintained for providing fire protection coverage to 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 authorities,
the State Government may, by notification in the Official Gazette, declare the
services relating to any fire brigade or fire prevention a part of State Fire
Service with effect from such date as may be specified in the notification. (3) Upon such declaration under sub-section (2),- (i) the officers and employees responsible for
providing the fire services in the areas of such local authority, shall be
deemed to have been absorbed in the State Fire Service, subject to such terms
and conditions as may be notified; (ii) terms and conditions applicable to the employees
after such absorption shall be such as may be decided by the State Government, (iii) all proceeding 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 sub-clause (2), (iv) all assets, rights and liabilities relating to the
fire services of such local authorities shall stand transferred to the State Fire
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. The
superintendence of, and control over, the Fire Service throughout the State
shall vest in the State Government and the Fire Service shall be administered
by the State Government in accordance with the provisions of this Act and of
any rules made thereunder through such fire officers as the State Government
may, from time to time, appoint in this behalf. (1) Subject to the provisions of this Act, the State
fire service shall consist of such number of staff in several ranks and have
such organisation and have such powers, functions and duties as the State
Government may, by general or special order, determine. (2) The State Government may prescribe by rules, - (a) the different posts of the State Fire Service; (b) 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; (3) The State Government may, by notification in the
Official Gazette, review the existing pattern of the existing different fire
services in the State and if deem fit may modify: Provided
that, for local fire services the rules framed under this subsection 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 as a Chief Fire Officer or Fire Officer or
staff or an employee (by whatever designation called) on an existing Fire
Brigade or Fire Service of any authority on the date immediately before the
commencement of this Act shall 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. (1) The State Government shall appoint a person to be
the Director and 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 the rules made thereunder. (2) The jurisdiction of the Director so appointed shall
extend to the entire State in matters relating to fire services. (3) Subject to the control, 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. (1) Without prejudice to the provisions of sub-section
(3) of section 6, the Director shall, - (i) function as the Head of Department in the office of
the Director; (ii) subject to the rules made in this behalf, the
Director may appoint subordinate staff only on the recommendations of the
Gujarat State Subordinate Services Selection Board on such terms and conditions
of salaries and allowances as may be fixed by the State Government; (iii) keep liaison with the Central Government and the
State Government offices for the development of fire services; (iv) frame the policies in relation to the development
of fire services in the State and, on approval by the State Government, take
steps to implement the same; (v) exercise superintendence and control over all
authorities in the matters relating to fire prevention and fire safety
measures; and subject to the approval of the State Government, issue such
directions to any authority in respect of fire services maintained or required
to be maintained by them; (vi) represent the State Government on National and
International forums with a view to updating the standard of fire services in
the State; (vii) 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 services by the
authorities; (viii) take or cause to be taken such effective steps and
measures in cases of major fires, house collapse and other emergency services; (ix) investigate or cause to be investigated the cause
of fire and advise the authorities for implementing fire precautionary
measures; (x) advise the State Government to set up additional
Fire Training Centre or Centres for imparting training to the officers and
staff of local authorities so as also to cater to the need of the various
factories, commercial and mercantile establishments in the private sector and
to impart training to officers and the staff or to provide them the trained and
qualified fire service personnel; (xi) requisite fire-fighting equipment of any authority
or any institution or individual, which in his opinion is required for the
purpose of extinguishing fire in any area; and to determine the amount of
compensation payable in respect of such equipment of in the area of which
authority, such fire operation is required to be carried out; (xii) 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. (2) The Director, with the approval of the State
Government, direct and regulate all matters of firefighting equipment,
machinery and appliances, training, observation of persons and events mutual
relations, distribution of duties, study of laws, orders and modes of
proceedings and all matters of executive detail or the fulfillment of duties
and maintenance of discipline of fire officers and members of the Fire Service
under him. (3) The Director shall appoint such number of officers
and employees as may be necessary to assist any Fire Officer of the State Fire
Services, while exercising his powers or discharging his duties or functions
under this Act or the rules made there under. (4) When the Director is informed, on a complaint made
or otherwise that default has been made in the performance of any duty imposed
on an authority by or under this Act or by or under any enactment in relation
to firefighting measures or operations for the time being in force, the
Director, if satisfied after due inquiry, that the alleged default has been made,
may, by order, fix a period for the performance of that duty and communicate
such order to the authority. (5) If the duty is not performed within the period so
fixed, the Director may appoint such other person to perform it, and may direct
that the expenses of performing it, with a reasonable remuneration to the
person appointed to perform it, shall be forthwith paid by the person or the
authority, as the case may be. (6) If the expense and remuneration are not so paid,
the Director may make an order directing the bank in which any moneys of the
person or the authority are deposited or the person in-charge of the local
Government Treasury or of any other place of security in which the moneys of
the authority are deposited, to pay such expenses and remuneration from such
moneys as may be standing to the credit of the authority in such bank or may be
in the hands of such person or as may, from time to time, be received from or
on behalf of the authority by way of deposit by such bank or person, and such
bank or person shall be bound to obey such order. Every payment made pursuant
to such order shall be a sufficient discharge to such bank or person from all
liability to the authority in respect of any sum or sums so paid by it or him
out of the moneys of the authority so deposited with such bank or person. (7) The Director or any Fire Officer, authorised 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 all the information in his possession. (8) The Director may, with the previous sanction of the
State Government, enter into an agreement with any fire service or the
authority which maintains the said fire service, beyond the limits of any area
in which this Act is in force for providing personnel of equipment or both, for
firefighting purpose on such terms and conditions as may be provided by or
under the agreement on reciprocal basis in public interest. (9) The Director may, with the previous sanction of the
State Government, enter into arrangements with any person or organisation who
employs and maintains personnel or equipment or both, for firefighting
purposes, to secure, on such terms as to payment or otherwise as may be
provided by or under the arrangements, the provision by that person or
organization for assistance for the purpose of dealing with fire occurring in
any area in which this Act is in force. (1) For the purpose of providing adequate number of officers
and staff for meeting the needs of fire services, having regard to the
population, potential fire hazards in certain industries and large commercial
and mercantile establishments and buildings and the number of fire stations
required to be provided for and maintained, the State Government may, for the
purpose of securing fire prevention and life safety measures within the State,
by notification in the Official Gazette, constitute as many fire regions as it
deems fit. (2) Every notification issued under sub-section (1)
shall define the limits of the region to which it relates. (3) The State Government shall, for each fire region,
appoint a person to be the Regional Fire Officer. (4) Subject to the control, direction and
superintendence of the Director, the Regional Fire Officer, shall exercise such
powers and perform such duties as are conferred and imposed upon him by this
Act or the rules made thereunder or orders issued in this behalf. (5) Without prejudice to the provisions of sub-section
(4), the Regional Fire Officer shall, - (i) function as the Head of the Fire region; (ii) prepare the fire management plan for the region. (6) The qualifications for appointment and other
conditions of service of the Officer, appointed under sub-section (3) shall be
such as may be prescribed. The
State Government may, by notification in the Official Gazette, divide each fire
region into such fire divisions as may be specified in the notification. The
fire divisions may comprise of the area of one or more local authority. The
fire division may also be further divided into fire stations and define their
boundaries as may be necessary for administrative and operational efficiency. (1) For the purposes of this Act, the State Government
may appoint, for each,- (a) fire division, a person as the Divisional Fire
Officer, (b) fire station, a person as the Station Fire Officer. (2) The qualifications for appointment and other
conditions of service of the Officers, appointed under sub-section (1) shall be
such as may be prescribed. (3) For the purposes of this Act, the State Government
may for each Local Fire Services,- (a) classify the category of Chief Fire Officer taking
into consideration the population and class of local authority or authority or
such other factors as may be prescribed; (b) prescribe the norms and qualifications of the each
category of Chief Fire Officer; (4) Subject to sub-section (3), the State Government
may by an order direct the local authority or the authority, as the case may
be, to appoint a person to be the Chief Fire Officer. (1) Subject to the control, directions and
superintendence of the Director, the Regional Fire Officer or the Chief Fire
Officer appointed under sub-section (3) of section 8 and under section 10
respectively, shall exercise such powers and perform such duties as are
conferred and imposed upon him by this Act or rules or orders made thereunder. (2) Without prejudice to the provisions of sub-section
(1), in case of fire prevention and disaster, the Regional Fire Officer or the
Chief Fire Officer, as the case may be, for their jurisdiction shall in case of
any fire or emergency act as commanding officer for that event and all other
fire services engaged shall work under him. (3) Without prejudice to the provisions of sub-sections
(1) and (2), the. Regional Fire Officer or the Chief fire officer, as the case
may be, shall for their jurisdiction, be the head of the office. (1) To ensure the effective fire prevention and life
safety measures of the buildings or premises as may be specified by an order by
the State Government in this behalf, every factory or the owner and occupier or
occupiers individually or jointly, as the case may be,- (i) shall appoint a fire safety officer, having such
qualifications as may be prescribed; (ii) send the compliance report to the Regional Fire
Officer or the Chief Fire Officer, as the case may be, under section 18. (2) The fire safety officer so appointed under
sub-section (1) shall, be issued by the Regional Fire Officer or the Chief Fire
officer, as the case may be, the enrolment certificate under his signature and
seal of the office in the prescribed form. (3) In case of a vacancy of the fire safety officer
appointed under sub-section (1), either on resignation or otherwise, the
factory or the owner and occupier or occupiers individually or jointly, as the
case may be, shall be required to immediately appoint the fire safety officer. (4) In case of non-appointment of the fire safety
officer, as envisaged under Sub section (1), the Regional Fire Officer or the
Chief Fire Officer, as the case may be, may take such steps as he deems
necessary, which includes report to the Labour Commissioner for the closure of
the factory and in other cases to the relevant authority for necessary action
under relevant law. (1) Where, the Director or the Chief Fire Officer or
any other Fire Officer of any authority, who is in-charge of a fire fighting
operation requires firefighting equipment or property of any other authority or
any institution or individual, he may by order requisite such equipment or
property for the purpose of extinguishing fire in any area and take possession
thereof from the authority or any institution or individual, as the case may
be. (2) As soon as may be, after the firefighting
operations are over, such officer shall release the equipment or property,
taken possession of by requisition under sub-section (1) and restore the same
to the authority, institution or individual from whose possession such property
was taken. (3) Where any firefighting equipment or property is
requisitioned under sub-section (1), there shall be paid to the owner of such
property, compensation the amount of which shall be determined in accordance
with the principles hereinafter set out, that is to say,-- (a) where the amount of compensation can be fixed by
agreement between the Director or, as the case may be, the Chief Fire Officer
and the owner of the firefighting property, it shall be paid in accordance with
such agreement; (b) where no such agreement can be reached, the
Director or, as the case may be, the Chief Fire Officer shall refer the matter
to the District Magistrate having jurisdiction over the area in which the
firefighting equipment or property was kept, used or procured and the
Magistrate shall, after hearing the parties and such other persons as he deems
necessary, fix the amount of compensation taking into consideration the rent
which the firefighting equipment or property would normally fetch if rented out
for a similar purpose. The orders of the District Magistrate fixing the amount
of compensation shall be final. (1) In case of any fire in any area, the Director or
the Regional Fire Officer or the Chief Fire Officer or any other Fire Officer
who is in-charge of firefighting operations on the spot may,-- (a) remove, or order any other fire officer or fire
personnel to remove, any person who by his presence, interferes with or impedes
the operations for extinguishing the fire or for saving life or property; (b) close any street or passage in or near which fire
has taken place; (c) break into or through, or pull down, any premises,
for the passage of hose or appliances or cause them to be broken into or
through, or pulled down, doing as little damage as possible for the purpose of
extinguishing fire: 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; (d) 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 the fire has broken out and utilise 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; (e) exercise, in the absence of aid from the police,
the same powers for dispersing an assembly of persons likely to obstruct the
fire-fighting operations as if he were an officer-in-charge of a police
station; (f) generally take such measures as may appear to be
necessary for extinguishing the fire or for the protection of life or property. (2) Any damage cause to any premises or property, due
to fire, by members of the fire service in the discharge of their duties shall
be deemed to be damage by fire within the meaning of any policy of insurance
against fire. It
shall be lawful for the officer-in-charge of the fire fighting operations to
draw water from any source in the area which he considers necessary for such
operations and on such occasions as may be required and the authority or owner
or occupier having control over such water source shall supply water for that
purpose at such rates as may be prescribed. Notwithstanding
anything contained in section 14, the Regional Fire Officer or the Chief Fire
Officer of any authority or any other officer authorised in this behalf, may
enter into agreement with any person who employs and maintains personnel or
equipment or both for fire fighting purposes, to secure, on such terms as may
be prescribed, the provisions of that person of assistance for the purpose of
dealing with fires occurring in any area. (1) The State Government may establish and maintain
training centres in the State for providing courses of instruction in the
prevention and extinguishment of fire for the personnel of any Fire Service and
private services of industries, hotels, multi-storied buildings and such other
Government and non-Government establishments as which the State Government may
specify. (2) The State Government may extend the training
facilities at such centres to be established under sub-section (1) to the fire
service under the control of local bodies and industrial undertakings on
payment of fees 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. (1) Without prejudice to the provisions of any other
law or the rules, GDCR or building bye-laws made thereunder or the National
Building Code of India, relating to fire prevention and life safety measures as
in operation in the State for the time being in force, housing society or the
owner or where the owner is not traceable, the occupier, who are either
individually or jointly responsible, of a building as classified by regulations
or part thereof, shall provide fire prevention and life safety measures
therein: Provided
that the owner or the occupier, as the case may be, shall, - (i) provide minimum firefighting and life safety
installations as provided in the regulations; (ii) maintain the fire prevention and life safety
measures in operational condition at all times, in the manner and
specifications specified in regulations. (2) The regulations so made shall be notified in the
Official Gazette. (1) Notwithstanding anything contained in any other law
for the time being in force, - (a) 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 provisions of section 18; (b) in case of building or part thereof, on the date of
commencement of this Act, where development permission is issued and
construction is not commenced or the construction is commenced but not
completed or the construction is completed but occupancy certificate is not
issued, and where the housing society or the owner or the occupier, individually
or jointly liable, as the case may be, is required to comply the provisions of
section 18, the Regional Fire Officer or the Chief Fire Officer, as the case
may be, shall either suo moto or otherwise serve on the owner or occupier, as
the case may be, a notice in the manner as may be prescribed and direct him to
undertake and carryout fire prevention and life safety measures, as deemed
necessary, within two months from the commencement of this Act, or within such period or periods as may be extended by
the State Government by order in writing: Provided
that any owner or the occupier, as the case may be, who has been served with
the notice under clause (b) or not, may undertake and carryout fire prevention
and life safety measures, as required to be complied under the provisions of
section 18 or as mentioned in the notice issued by the Regional Fire Officer or
the Chief Fire Officer or the nominated officer, as the case may be, for
getting fire safety certificate. (2) The owner or the occupier, individually or jointly,
as the case may be, shall inform to the Regional Fire Officer or the Chief Fire
Officer or the nominated officer, about the compliance with respect to
sub-section (1). (3) The owners or occupiers, as the case may be, who
are liable individually or jointly, for the building or part thereof, shall
furnish to the Regional Fire Officer or the Chief Fire Officer or the nominated
officer, certificate regarding the maintenance and operational condition of
fire prevention and life safety measures, as specified by the regulations,
issued by a Licensed Agency regarding the compliance of the fire prevention and
life safety measures as required under the provisions of section 18. The
owners or occupiers, as the case may be, individually or jointly, who are
liable to provide fire protection and life safety measures in building or part
of building or premises, who, at any time, fail to comply with regard to
sub-section (1) of section 19, shall be deemed to be in default. In case, where
a fire safety certificate is issued earlier shall remain suspended for a period
from the date of the notice for non-compliance issued by the Regional Fire
Officer or the Chief Fire Officer or nominated officer and till the date
compliance is made to the satisfaction of the Regional Fire Officer or the
Chief Fire officer or nominated officer, as the case may be, and the same shall
be duly recorded on the fire safety certificate. (1) The Regional Fire Officer or the Chief Fire Officer
or the nominated officer, as the case may be, may scrutinise the compliances,
with regard to the requirement of section 18, made by the owners or the
occupiers, as the case may be, either independently or jointly, may after
making necessary inquiry, if any, issue fire safety certificate. (2) If the owner or occupier, as the case may be, fails
to comply with the directions issued by the Regional Fire Officer or the Chief
Fire Officer or the nominated officer, the fire safety certificate, issued
under sub-section (1) shall be cancelled after giving owner or occupier an
opportunity of hearing to show-cause. (3) The owner or occupier of the building or premises
whose fire safety certificate has been cancelled due to default on his part,
shall not be entitled to occupy the building or premises on the ground of
non-compliance of fire prevention and life safety measures under section 18. (4) 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 do so. (1) The State Government may, by notification in the
Official Gazette, frame the regulations in respect of categorization of fire
hazardous materials, trade and premises used for such purposes. (2) Upon issuances of notification under sub-section
(1) it shall be lawful for the Director or the Regional Fire Officer or the
Chief Fire Officer or the nominated officer or any fire officer authorised
either by the Director or the Regional Fire Officer or the Chief 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 the Regional Fire Officer or the Chief Fire Officer 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. The opportunity
of representation as aforesaid may be dispensed with to avoid an imminent or
alarming foreseeable risk of fire. In
firefighting operations or any other duties relating to seizure, detention or
removal of any goods involving risk of fire, it shall be the duty of a police
officer or members of the police force to assist and aid to the Director or
such fire officer in performance of such duties under this Act. (1) The Director or the Regional Fire Officer or the
Chief Fire Officer or the Nominated Officer may, after giving three hours'
notice to the housing society or occupier or if there is no occupier, to the
owner of any place or building or part thereof, as the case may be, 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 the Regional Fire Officer or the Chief Fire Officer or
the Nominated 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 or
function 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 of life
and property. (2) The Director or the Regional Fire Officer or the
Chief Fire Officer or the Nominated Officer shall 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 shall not
obstruct or cause any obstruction to the entry of a person empowered or
authorised 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 (1), due regard shall 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 (1), notice shall be given to her that she is at liberty to
withdraw, and every reasonable facility shall be afforded to her for
withdrawing. (5) Where the inspection is carried out by the
Nominated Officer under the preceding provisions of this section, he shall give
a report of such inspection to the Director or the Regional Fire Officer or the
Chief Fire Officer of the authority concerned. (1) Without prejudice to the prosecution for an offence
of noncompliance of the notice issued under clause (b) of sub-section (1) of
section 19, the Director or the Regional Fire Officer or the Chief Fire Officer
may, in the event of non-compliance of any such notice, take such steps
including exercising the power to have the place, building or any part thereof
sealed and/or disconnected facilities of water, power and drainage under
section 26, as may be necessary for the compliance of such notice. (2) All expenses incurred by the Director or the
Regional Fire Officer or the Chief Fire Officer in relation to any steps taken
by him under sub-section (1) shall be payable on demand, by the owner or
occupier on whom such notice is served, and shall, if not paid within fifteen
days after such demand be recoverable, as if it were the arrears of tax on
property and the provisions under the relevant law or any other law for the
time being in force and is in operation within the area of jurisdiction of the
local authority concerned for recovery of arrears of tax on property, shall
apply mutatis mutandis for such recovery as they apply to the recovery of
arrears of tax on property or where any such law is not in operation then, as
an arrears of land revenue. (1) If the Director or the Regional Fire Officer or the
Chief Fire Officer is satisfied that due to inadequacy of fire prevention and
life safety measures the condition of any place or building or part thereof is
in imminent danger to person or property, then notwithstanding anything
contained in this Act, or any other law for the time being in force, he shall,
by order in writing, require the persons in possession or in occupation of such
place or building or part thereof to remove themselves forthwith from such
place or building or part thereof (2) If an order made by the Director or the Regional
Fire Officer or the Chief Fire Officer under sub-section (1) is not complied
with, he may direct, - (a) the authority responsible for supply of electricity
or supply of water, to disconnect the supply of electricity or water, as the
case may be; (b) any police officer having jurisdiction in the area,
to remove such persons from such place or building or part thereof and such
authority or police officer shall comply with such directions. (3) After the removal of the persons under sub-section
(1) or sub-section (2), as the case may be, the Director or the Regional Fire
Officer or the Chief Fire Officer shall cause such place or building or part
thereof, to be sealed by such police officer forthwith. (4) No person shall remove such seal except under a
written order made by the Director or the Regional Fire Officer or the Chief
Fire Officer suo motu or on an application of the owner or occupier. (1) The State Government may by notification in the
Official Gazette, declare any class of temporary occupancy such as a mandap,
shamiyana or tents or such other temporary structures for hosting any event,
which, in its opinion, is likely to cause a risk of fire. (2) The measures for fire prevention and life safety to
be taken by the promoter, organiser, owner or occupier of such premises where
such temporary structures are likely to take place or the erectors of temporary
structures or shamiyana or tents or mandap, as the case may be, shall be such
as may be prescribed. (3) The Regional Fire Officer or the Chief Fire Officer
or the Nominated Officer may grant permission for the use of the temporary
structures or shamiyana or tents or mandap, as the case may be, ensuring an
undertaking in the prescribed form is given by the promoter, organiser, owner
or occupier. (4) The Director or the Regional Fire Officer or the
Chief Fire Officer or the Nominated Officer may enter and inspect any temporary
structure about the correctness of the declaration and may point out the
inadequacy, if any, with a direction to comply within a specified time. (5) If the directions of the inspecting officer are not
complied with within the time so given, the inspecting officer may seal the
temporary structure or shamiyana or tents or mandap or dismantle such structure
and the costs incurred therefore shall be recovered from such defaulter. (6) The Regional Fire Officer or the Chief Fire Officer
or any officer authorised by him in this behalf shall direct the removal of
encroachments or objects 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, he 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 jurisdiction the premises or temporary structure or shamiyana or tents or
mandap is situated, requesting to adjudicate the matter: Provided
that where the Regional Fire Officer or the Chief Fire Officer 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 encroachments or objects or goods
forthwith and report the matter to the Sub-Divisional Magistrate accordingly. (7) On receipt of a report under sub-section (6), the
Sub-Divisional Magistrate may make an order to seize, detain or remove such
encroachment; or objects or goods likely to cause a risk of fire or obstruction
to firefighting. (8) The person charged with the execution of the order
made under subsection (7), 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 seizure, that the said objects or goods shall be sold as
mentioned in the order as if the same are not claimed within the stipulated
time specified in the notice. (9) On the failure of the person in whose possession
the objects or goods were at the time of seizure to claim the seized goods
pursuant to notice given under sub-section (8), the Sub-Divisional Magistrate
shall sell them by public auction. (10) Any person aggrieved by a notice or order of the
Sub-Divisional Magistrate under sub-section (8) may, within thirty days from
the date of such order, prefer an appeal to the Director: Provided
that the Director may entertain an appeal after the expiry of the said period
of thirty days if he is satisfied that there was sufficient cause for not
filing the appeal within prescribed period. (11) An appeal to the Director shall be made in such
form and shall be accompanied with a copy of the notice or the order appealed
against and with such fees as may be prescribed and the order passed by him
shall be final. (1) The Director may grant a license to a person or
association of persons as he thinks fit, to act as a Licensed Agency for the
purposes of this Act. (2) Any person intending to have or renew such license
shall apply to the Director in the prescribed form and in the prescribed manner
along with such fee as may be prescribed. (3) On receipt of an application made under sub-section
(2), the Director may, after holding such inquiry as he deems fit, either grant
the license in the prescribed form for a period of two years or renew the same
for a like period or, for reasons to be recorded in writing, by order refuse to
grant or renew the license. (4) Where the Director has reason to believe that any
person to whom a license has been granted has contravened any of the provisions
of this Act or of the rules or has failed to comply with the conditions of the
license or is unfit by reason of incompetency, misconduct or any other grave
reasons, the Director may, after giving to the person a reasonable opportunity
to show cause, for reasons to be recorded in writing, by order suspend or
cancel the license. (1) No person other than a Licensed Agency shall 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: Provided
that, if the Regional Fire Officer or the Chief Fire Officer is satisfied that,
for any reason, to be recorded in writing, the owner or occupier is not able to
carry out the fire prevention and fire safety measures in any such place or
building or part thereof through a Licensed Agency, the Regional Fire Officer
or the Chief Fire Officer may, with the approval of the Director authorise any
other licensed agency to carry out such work. The cost for the work carried out
shall be recovered from the owner or the occupier, as the case may be. (2) The Licensed Agency shall give a certificate under
sub-section (3) of section 19 as to the compliance of the fire prevention and
life safety measures or maintenance thereof unless without there being actual
compliance or maintenance as specified in the regulations. (1) For the purpose of providing for the cost of fire
prevention and life safety services in the State, the State Government may levy
and collect a fire fees on lands and buildings which are situated in any area
in which this Act is in force notwithstanding any declaration made under
proviso to sub-section (1) of section 3. (2) The fire fees shall be levied at such rate in terms
of percentage of such property tax as the State Government may, by notification
in the Official Gazette, determine from time to time: Provided
that, the State Government may determine different rate of percentage for
different areas or different local authority or authorities. (1) The authorities empowered to assess, collect and
enforce payment of property tax under the relevant law authorising 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 fee in the same manner as the property tax is assessed,
paid and collected and for this purpose, and may exercise all or any of the
powers conferred on them under the relevant law and the provisions of such law
including provisions relating to return, appeals, reviews, reference and
penalties shall apply accordingly. (2) Such portion of the total proceeds of the fire fees
as the Government may determine shall be deducted to meet the cost of
collection of the fire fee. (1) There shall be constituted a fund to be known as
"Fire Prevention and Life Safety Fund". (2) The proceeds of fire fees 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 law in this behalf, be
entered in, and transferred to, fund constituted under sub-section (1). (3) Any amount transferred to the fund under
sub-section (2) shall be charged on the Consolidated Fund of the State. (4) The amount in the fund shall 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 the
purpose of maintenance of accounts in the relevant law or the rules and orders
made thereunder as are applicable to the respective authority. Any
person aggrieved by -- (i) the notice issued under clause (b) of sub-section
(1) of section 19, or (ii) the refusal of the Regional Officer or the Chief
Fire Officer to pass an order under sub-section (4) of section 26, may prefer
an appeal to the Director. Such appeal shall be made in such manner and
accompanied with such fees, as may be prescribed. The Director after giving a
reasonable opportunity to the appellant of being heard, pass an order, and
every such order passed under this section shall be final: Provided
that in case of local fire service of any local authority, in so far as the
area comprising of Municipal Corporation is concerned, the Commissioner shall
be the appellate authority. No
appeal under section 33 shall be entertained unless, such appeal is preferred
within fifteen days from the date of service of notice or the date on which the
refusal is communicated to the Director or the Commissioner, as the case may
be: Provided
that, the Director or the Commissioner, as the case may be, may admit the
appeal preferred after the expiration of the fifteen days if he is satisfied
that the appellant had sufficient cause for not preferring the appeal within
said period. No
court inferior to that of a Metropolitan Magistrate or Judicial Magistrate
First Class shall try an offence punishable under this Act or the rules made
thereunder. No
court shall entertain any suit, application or other proceedings in respect of
any notice given under section 19 or any action taken under subsection (2) of
section 26 or an order of refusal to permit removal of seal passed under
sub-section (4) of section 26 and sub-section (10) of section 27 of this Act or
any action or any order shall be called in question otherwise than by
preferring an appeal as provided by this Act. a Save in the case of cognizable offences, no
court shall take cognizance of an offence punishable under this Act or the
rules made thereunder except on the complaint made by the Regional Fire Officer
or the Chief Fire Officer or any other officer authorised by him in this
behalf. (1) The Director or the Regional Fire Officer or the
Chief Fire Officer, or any officer authorised in this behalf by the Director
may by general or special order, either before or after the institution of the
proceedings, compound any offence made punishable by or under this Act or the
rules made thereunder or withdraw from such proceedings at any stage. (2) When an offence has been compounded under
sub-section (1), the offender, if in custody, shall be discharged, and no
further proceedings shall be taken against him in respect of the offence
compounded. (1) Whoever contravenes any of the following
provisions,- (a) under sub-section (1) of section 18, fails to
provide and maintain the fire prevention and life safety equipment in good repair
and efficient condition; (b) under sub-section (1) of section 19, fails to
comply with the notice directing to undertake and carry out fire prevention and
life safety measures; (c) under sub-section (4) of section 21, tampers with,
alters, removes or causes any injury or damage to any fire prevention and life
safety equipment installed in a building or instigating any other person to do
so; (d) under sub-section (2) of section 22, after
non-compliance of the direction of removal of objects or goods likely to cause
the risk of fire to a place of safety, causes obstruction in authorized
seizure, detention, and removal of such objects or goods; (e) under sub-section (3) of section 24, obstructs the
entry by an authorized or empowered person or molests such person after such
entry for inspection; under sub-section (4) of section 26, removes the seal of
the building without written order made by the Regional Fire Officer or the
Chief Fire Officer; (f) under sub-section (4) of section 27, fails to
comply with the directions issued by the Director or the Regional Fire Officer
or the Chief Fire Officer; (g) under sub-section (1) of section 29, carries out
the work of providing fire prevention and life safety measures, or performing
such other related activities by a person other than the Licensed Agency; or (h) under sub-section (2) of section 29, giving a
certificate under subsection (3) of section 19 without there being actual
compliance or maintenance of fire prevention and life safety measures and
equipment; (i) without prejudice to any other action taken or
which may be taken under any of the provisions of this Act, be punished with
imprisonment for a term which shall not be less than one month which may extend
up to two years or fine which shall not be less than rupees 10,000 which may
extend to rupees 1,00,000, or both and where the offence is continuing one with
a further fine which may extend to rupees 3000 for every day during which such
offence continues after the conviction for the first such offence. (2) Whoever? (a) willingly attempts, in any manner whatsoever, to
evade any fee or interest leviable under this Act, or (b) contravenes any of the provisions of this Act or
the rules for which no specific penalty has been provided for by this Act, or (c) fails to comply with the requirement of any order
or any notice or any direction, issued under any of the provisions of this Act
or the rules, by the Director or any authority or the Regional Fire Officer or
the Chief Fire Officer of such Authority or any other officer authorised by any
of them, for which no specific penalty has been provided by this Act, shall, on
conviction, be punished, -- (i) ???in
case where the amount, of fees and/or interest exceeds rupees 50,000 during the
period of a year, with imprisonment for a term which shall not be less than
three months but which may extend to two years or with fine or with both; (ii)?? ?in case where such amount is less than rupees
50,000 during a year, with imprisonment for a term which shall not be less than
one month but which may extend to one year or with fine or with both; (iii) ??in
case of contravention of any provision of this Act or the rules made thereunder
or failure to comply with the requirement of any order or notice as aforesaid,
with imprisonment for a term which shall not be less than three months but
which may extend to two years or with fine or with both. (3) Whoever aids or abets any person in commission of
any offence specified in sub-section (1) or (2) shall, if the act is committed
in consequence of the abetment, and no express provision is made by this Act
for the punishment of such abetment, be punished with the punishment provided
for the offence. Explanation.--An
act or offence is said to be committed in consequence of abetment, when it is
committed in consequence of the instigation, or in pursuance of the conspiracy,
or with the aid which constitutes the abetment. Offences
under sub-section (4) of section 21 and of removal of seal without an order
under sub-section (4) of section 26 shall be cognizable and non-bailable. Every
police officer, Government and private agency or person shall be bound to
assist the members of the Fire Service reasonably demanding his or its aid in
the performance of their duties under this Act. Any
person who without Just cause fails to communicate information in his
possession regarding an outbreak of fire shall be deemed to have committed an
offence punishable under section 176 of the Indian Penal Code, 1860 (45 of
1860). Any
person who wilfully obstructs or interferes with any member of the Fire Service
who is engaged in firefighting operations, shall be punished with imprisonment
for a term which may extend to three months, or with fine which may extend, to
five thousand rupees, or with both. Any
person who knowingly gives or causes to be given a false report of the outbreak
of a fire to any person authorised to receive such report by means of a statement,
message or otherwise shall be punished with imprisonment which may extend to
three months or with fine which may extend to one thousand rupees, or with
both. (1) Where an offence punishable 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 well 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 all due diligence to prevent the commission
of such offence. (2) Notwithstanding anything contained in sub-section
(1), where any offence punishable under this Act has been committed by a
company and it is proved that the offence has been committed with the consent
or 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 shall also be deemed to be guilty of that
offence and shall be liable to be proceeded against and punished accordingly. Explanation.--For
the purposes of this section,-- (a) "company" means a body corporate and
includes a firm or other association of individuals; and (b) "director", in relation to a firm, means
a partner in the firm, and in relation to any association of persons or body of
individuals, means any member controlling the affairs thereof. Every
officer or employee shall, when acting or purporting to act in pursuance of the
provisions of this Act or of any rule or regulation made thereunder, shall be
deemed to be a public servant within the meaning of section 21 of the Indian
Penal Code (45 of 1860). In
the event of a member of the Fire Service (other than a Gazetted Officer), dies
while on active duty, the State Government shall pay, to the next of kin as
funeral expenses, such amount as the State Government may by an order
determine. It
shall be lawful for the Government or any officer authorised by it in this
behalf, to employ the Fire Service in any rescue, salvage or other works for
which it is suitable by reason of its training, appliances and equipment. (1) 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. (2) Subject to the provisions of sub-section (1), 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. (1) The provisions of this Act shall 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 shall not be deemed to have been unlawfully done or approved by
reason only of the fact that permission, approval or sanction required under
such other law therefor has not been obtained. In
order that the effective fire prevention and life safety measures are provided
by the State Fire Service, the State Government may by an order, transfer all
or any assets, rights and liabilities of any body owned or controlled by the
State Government to the State Fire Service. (1) The State Government may, by notification in the
Official Gazette, delegate any of its powers, except the power of making rules,
exercisable by it under this Act or the rules made thereunder, to the Director
in such matters and subject to such terms and conditions, if any, as may be
specified in such notification. (2) The Director may, with the prior approval of the
State Government, by an order in writing, delegate any of its powers
exercisable by him under this Act or the rules made thereunder to the Regional
Fire Officer or the Chief Fire Officer subject to such terms and conditions, if
any, as may be specified in such order. The
Director may, for the purpose of performing functions under this Act and for
reasons to be recorded in writing, issue such directions to a person to do or
abstain from doing a specified thing within the affected areas in which the
emergency relief measures are being undertaken and any person on receipt of
such directions shall comply with the same. Every
Regional Fire Officer or the Chief Fire Officer shall furnish to the Director
such reports, returns and other information as the Director may, from time to
time, require. The
State Government may issue, from time to time, directions to the Director as it
may deem fit for giving effect to the provisions of this Act and it shall be
the duty of the Director to comply with such directions. If
any dispute arises with respect to the exercise of powers and discharge of
functions by the Director or the Regional Fire Officer or the Chief Fire
Officer under this Act, the same shall be referred to the State Government and
the decision of the State Government thereon shall be final. (1) The State Government may, by notification in the
Official Gazette, and subject to the condition of previous publication, make
rules, not inconsistent with this Act, for carrying out the purposes of this
Act: Provided
that if the State Government is satisfied that circumstances exist which render
it necessary to take immediate action, it may dispense with the previous
publication of any rule to be made under this Act. (2) In particular and without prejudice to the
generality of the foregoing provisions, such rules may provide for all or any
of the following matters, namely:- (a) prescribing number of fire sub-divisions of fire
divisions and fire divisions of fire region under clause (j) and clause (1)
respectively, of sub-section (1) of section (2); (b) prescribing qualifications for appointment of
nominated officer under clause (u) of sub-section (1) of section 2; (c) prescribing rules governing the mode of recruitment
of staff, grade of post, the qualifications, pay, allowances and other
conditions of service of the officers and employees under sub-section (2) of
section 5; (d) prescribing the qualifications for appointment and
other conditions of service of the Regional Fire Officer under sub-section (6)
of section 8; (e) prescribing the qualifications for appointment and
other conditions of service of the Divisional Fire Officer and the Station Fire
Officer under sub-section (2) of section 10; (f) prescribe other factors for the classifications of
the category of Chief Fire Officer for each Local Fire Service under clause (a)
of sub-section (3) of section 10; (g) prescribing the norms and qualifications of the
each category of Chief Fire Officer under clause (b) of sub-section (3) of
section 10; (h) prescribing the norms and qualification of the each
category of Fire Safety Officer under sub-section (1) of section 12; (i) prescribing the form of enrolment certificate under
sub-section (2) of section 12; (j) prescribing the manner in which and the extent to
which compensation shall be paid for damage caused under clause (c) of
sub-section (1) of section 14; (k) prescribing rates of water supply, for drawing the
water during fire-fighting operations under section 15; (l) prescribing the terms of agreement with any person
to maintain equipment for fire-fighting under section 16; (m) the fees payable for the training of personnel of
any Fire Service and private services of industries, hotels, multi-storied
buildings under sub-section (2) of section 17; (n) prescribing the fee and the procedure for providing
a course of instruction under sub-section (3) of section 17; (o) prescribing the manner of service of notice under
clause (b) of subsection (1) of section 19; (p) prescribing the measure for fire prevention and
life safety under of sub-section (2) of section 27; (q) prescribing the form of undertaking under
sub-section (3) of section 27; (r) prescribing the manner of service of notice under
sub-section (8) of section 27; (s) prescribing the form of appeal and fees under
sub-section (11) of section 27; (t) prescribing the fee to be paid, the form of
application and form of licence and the manner under sub-section (2) of section
28; (u) prescribing the fee to be paid For renewal of
Licence, the form and the manner under sub-section (2) of section 28; (v) prescribing the manner and conditions for the
expenses made from the fund under sub-section (4) of section 32; (w) prescribing the manner and fees for filing an
appeal under clause (ii)
of section 33. (3) All rules made under this section shall be laid for
not less than thirty days before the State Legislature as soon as may be they
are made, and shall be subject to rescission by the State Legislature or to
such modification as the State Legislature may make, during the session in
which they are so laid or the session immediately following. (4) Any rescission or modification so made by the State
Legislature shall be published in the Official Gazette, and shall thereupon
take effect. (1) The Director may, with the previous approval of the
State Government, by notification in the Official Gazette, make regulations not
inconsistent with the Act and the rules made there under, for enabling it to
perform its functions under this Act. (2) In particular and without prejudice to the
generality of the foregoing power, such regulations may be made to provide for
all or any of the matters expressly required or allowed by this Act to be
specified by regulations. (1) If any difficulty arises in giving effect to the
provisions of this Act, the State Government may, as occasion requires, by order
do anything not inconsistent with the objects and purposes of this Act, which
appears to it to be necessary or expedient for the purpose of removing the
difficulty.: Provided
that, no order shall be made under this section after the expiry of three years
from the date of coming into force of this Act. (2) Every order made under sub-section (1) shall be
laid, as soon as may be, after it is made, before the State Legislature. For
the removal of doubt, it is hereby declared that fire prevention and life
safety measures specified under this Act shall be without prejudice to any
civil or the criminal liability to which a person may be subject to under any
law for the time being in force. No
suit, prosecution or other legal proceedings shall lie against any person for
anything which is in good faith done or intended to be done under this Act or
the rules. Any
amount payable under this Act shall be recovered as an arrears of land revenue. Every
member of the fire service shall perform functions imposed by or under this Act
in addition to and not in derogation of functions performed by the State
Government or any of its officers in pursuance of the provisions of any law for
the time being in force or in exercise of the executive powers of the State for
the prevention of fire and life safety in the State or in relation thereto. 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 services are not related only to fire, the
decisions and directions of the authority in charge of the emergency service
shall prevail.
Preamble - THE GUJARAT FIRE PREVENTION
AND LIFE SAFETY MEASURES ACT, 2013PREAMBLE