[5 OF 2021] [23 March 2021] AN ACT further to amend the Gujarat Fire
Prevention and Life Safety Measures Act, 2013. It is hereby
enacted in the Seventy-second Year of the Republic of India as follows:- (1)
This Act may be called the Gujarat Fire Prevention and Life Safety
Measures (Amendment) Act, 2021. (2) It shall be deemed have come into force
on the 22nd January, 2021. In the Gujarat
Fire Prevention and Life Safety Measures Act, 2013 (hereinafter referred to as
"the principal Act"), in section 2, in sub-section (1), - (i)
for clause (g), the following clause shall be substituted, namely:- "(g)
"emergency services" means services required to be rendered in case
of disaster or any eventuality where the life is at risk;"; (ii)
for clause (k), the following clause shall be substituted, namely:- "(k)
"fire prevention and life safety measures" means such measures as are
necessary in accordance with the GDCR or as required by or under the provisions
of any law or the National Building Code of India, for the time being in force,
with regard to fire prevention, life safety and fire protection for
containment, control and extinguishing of fire and for ensuring the safety of
life and property in case of fire;"; (iii)
for clause (m), the following clause shall be substituted,
namely:-"(m) "Fire Safety Officer" means a person or an
association of persons appointed under section 12 of this Act as the Fire
Safety Officer by the owners and occupiers of certain premises and buildings as
prescribed in this behalf for renewal of fire safety certificate and such other
related activities required to be carried out under this Act;"; (iv)
for clause (o), the following clause shall be substituted, namely:- "(o)
"GDCR" means the Comprehensive General Development Control
Regulations, 2017 made under the provisions of the Gujarat Town Planning and
Urban Development Act, 1976;". In the principal
Act, for section 12, the following section shall be substituted, namely:- "12. Appointment of Fire Safety
Officer. (1)
To ensure the effective operation of fire prevention and life safety
measures in good repair and efficient condition in such buildings or premises
as may be prescribed, the owner and occupier or occupiers individually or
jointly, as the case may be, atleast two months prior to expiry of fire safety
certificate issued under section 21, shall appoint a Fire Safety Officer, for
renewal of such fire safety certificate, having such qualification and
experience and duties to be performed as may be prescribed; (2)
The owner and occupier or occupiers, individually or jointly, as the
case may be, shall appoint Fire Safety Officer from the list of fire safety
officers enrolled by the Director. (3)
In case of a
vacancy of the Fire Safety Officer appointed under sub-section (4)
, either on
resignation or otherwise, the owner and occupier or occupiers individually or
jointly, as the case may be, shall be required to immediately appoint the fire
safety officer. 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." In the principal
Act, in section 13, for sub-section (1), the following sub-section shall be
substituted, namely:- "(1)
Where, the Director or the Regional Fire Officer 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." In the principal
Act, for section 16, the following section shall be substituted, namely:- "16. Power to enter into
agreement.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 and conditions as may be prescribed, for the purpose of
dealing with fires occurring in any area. In the principal
Act, for the existing heading of Chapter IV, the following heading shall be
substituted, namely:- "TRAINING TO FIRE PERSONNEL AND FIRE
SAFETY OFFICERS". In the principal
Act, after section 17, the following section shall be inserted, namely:- "17A. Fire
Safety officers to undergo training. (1)
The Fire Safety Officers shall have to undergo such training as may be
prescribed. (2)
The State Government may prescribe such fees and such procedure as it
may deem fit for providing the training mentioned in sub-section (1)." In the principal Act, in section 19,- (i)
in sub-section (1), for clause (a), the following clause shall be
substituted, namely:- "(a)
no authority empowered to issue the Building Use 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 and has
obtained a fire safety certificate;" (ii)
for sub-section (3), the following sub-section shall be substituted,
namely:-"(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, a
certificate regarding the compliance of the fire prevention and life safety
measures as required under the provisions of section 18 issued by a Licensed
Agency." In the principal Act, in section 21,- (i)
after sub-section (4), the following sub-section shall be added,
namely:-"(5) The Fire Safety Officer, with regard to the requirement of
section 18, shall check the maintenance and operational condition of fire prevention
and life safety measures as specified in the regulations and on satisfaction
that these are in good repair and efficient operational condition, may issue
the fire safety certificate renewal."; (ii)
in the marginal note, for the words "Suspension, termination and
punishment", the words "Issuance and cancellation of fire safety
certificate" shall be substituted. In the principal Act, in section 39,- (i)
in sub-section (1), after clause (c), the following clause shall be
inserted,namely:- "(ca)
under sub-section (5) of section 21 giving a fire safety certificate renewal
without there being actual compliance or maintenance of fire prevention and
life safety measures and equipment;" (ii)
to clause (h), the following proviso shall be inserted,
namely:-"Provided that enrolment of fire safety officer may also be kept
in abeyance, suspended or revoked by the Director, in case of dereliction of
any duty by the Fire Safety Officer." In the principal
Act, for section 42, the following section shall be substituted, namely:- "42. 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 section 176 of the Indian Penal Code, 1860. In the principal
Act, for section 46, the following section shall be substituted, namely:- "46. Officers and employees to be
public servant (1)
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, 1860. (2)
The Fire Safety Officer shall not be considered as public servant
under this Act." In the principal Act, in section 57, in
sub-section (2),- (i)
for clause (h), the following clause shall be substituted, namely:- "(h) prescribing the norms,
qualification, experience and duties of the each category of Fire Safety
Officer under sub-section (1) of section 12;"; (ii)
after clause (n), the following clause shall be inserted, namely:- "(na)
prescribing the fee and the procedure for providing training under section
17A;". (1)
The Gujarat Fire Prevention and Life Safety Measures (Amendment)
Ordinance, 2021 is hereby repealed. (2)
Notwithstanding such repeal, anything done or any action taken under
the principal Act as amended by the said Ordinance, shall be deemed to have
been done or taken under the principal Act as amended by this Act.Gujarat Fire
Prevention And Life Safety Measures (Amendment) Act, 2021