[ACT
NO. 14 OF 2022] [7th
April, 2022] AN ACT to consolidate the law relating to
Fire and Emergency Services and to make provisions for prevention of fire and
providing of fire safety measures in the buildings in the State of Haryana and
for matters connected therewith and incidental thereto. (a) “appellate authority”
means the Additional Chief Secretary/ Principal Secretary to Government,
Haryana in the administrative department; (b) “building” shall have
the same meaning as assigned to it in the Haryana Municipal Act, 1973 (24 of
1973) 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, whether authorized or otherwise, outhouses, if any,
pertaining to such building or part thereof and petrol, diesel or gas line
installations or pumps; (c) “bye-laws” means fire
safety regulations as prescribed in Haryana Building Code, 2017, provisions of
Part-IV of National Building Code of India 1983 as revised from time to time
containing fire prevention and life safety measures to be implemented in the
buildings as laid down by the Bureau of Indian Standards, Oil Industry Safety
Directorate Guidelines, 1986, the Petroleum Act, 1934 (Central Act 30 of 1934)
and rules made thereunder and the Explosives Act, 1884 (Central Act 4 of 1884)
and rules made thereunder; (d) “Bureau of Indian
Standard (BIS)” means National Standard Body of India established under the
Bureau of Indian Standards Act, 2016 (Central Act 11 of 2016); (e) “Fire Officer”
includes Assistant Divisional Fire Officer and Fire Station Officer appointed
for fire stations and other field formations, as the case may be; (f) “Director” means the
Director, as the case may be, appointed by the Government under section 4; (g) “disaster” means
disaster as defined in the Disaster Management Act, 2005 (Central Act 53 of
2005); (h) “erector” means a
person or association of persons, whether corporate or otherwise, who erects or
makes a pandal or any structure for assembly of people on a regular or
temporary basis; (i) “Fire and Emergency
Services” means any serious situation or occurrence that happens unexpectedly
and demands immediate action of Fire and Emergency Services of the Government
or local authority; (j) “fire station” means
a building erected to house the fire fighting equipment, appliances and staff
and declared by the Government to be a fire station and other field formations
as constituted under section 6 of this Act; (k) “fire prevention and
life safety measures” means such measures as are necessary in accordance with
the provisions of Part- IV of the National Building Code of India, 1983 as
revised from time to time for containment, control and extinguishment of fire
and for ensuring the safety of life and property; (l) “Fire Safety Officer”
means a person appointed under section 22 by the owner or occupier of certain
buildings as specified in this behalf to ensure fire prevention and fire safety
measures installed in such buildings; (m) “Government” means
the Government of the State of Haryana in the administrative department; (n) “local authority”
means the Municipal Corporation, Municipal Council, Municipal Committee, Gram
Panchayat, Cantonment Board or any other authority established, constituted or
incorporated for providing and maintaining fire services; (o) “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; (p) “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 otherwise using his land or building; (iii) a rent-free occupant
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; (q) “owner” includes a
person who for the time being is receiving or is entitled to receive the rent
of any land or building, whether on his own account or as an agent, trustee,
guardian or receiver or any other person who shall receive the rent or is
entitled to receive the rent if the land or building or part thereof is let out
to tenant; (r) “pandal” means a
temporary structure with a 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; (s) “prescribed” means
prescribed by the rules made under this Act; (t) “State” means the
State of Haryana. There shall be Fire and Emergency Services
for the State of Haryana consisting of officers and officials of the Fire and
Emergency Services who shall be posted anywhere within the State: Provided that the Government may, by
notification in the Official Gazette, declare any other service or disaster to
be Fire and Emergency Service. The Government may appoint any suitable
officer of Group ‘A’ services as Director, Haryana Fire and Emergency Services. (1) The Director shall
subject to the superintendence and control of the Government, direct and
regulate all matters of fire safety and prevention, fire fighting equipment’s,
machinery and appliances, training, distribution of duties, study of laws and
maintenance of discipline of personnel in the Fire and Emergency Services. (2) The Director shall,- (i) keep liaison with the
Government for the development of Fire and Emergency Services; (ii) frame and take steps
for implementation of the policies relating to the development of Fire and
Emergency Services after obtaining approval of Government; (iii) prepare and submit
plans and proposals to the Government with regard to the periodical review of
fire equipments, properties and manpower for effective implementation of Fire
and Emergency Services; (iv) ensure that Fire and
Emergency Management Plans of the Fire Stations and other field formations are
prepared in conformity with the respective State Disaster Management Plans; (v) ensure deployment of
Fire and Emergency Services, resources, equipments and fire personnel at
standby duty for any fire response or any other emergency within the State as
well as for adjoining States; (vi) take or cause to be
taken such effective steps and measures in case of major fire, house collapse
and other emergency services; (vii) investigate or cause
to be investigated the reason of fire and submit the report to the Government
with the recommendations including implementation of fire precautionary
measures; (viii) depute such number of
members/personnel as may be necessary to assist any Fire Officer of the Fire
and Emergency Services; (ix) implement the
policies framed by the Government from time to time; (x) establish advance
training centres for providing training in the field of fire and rescue
operations; (xi) represent the State
of Haryana in National and International forums to update the standard of Fire
and Emergency Services; (xii) perform any other
function or duty as may be necessary for carrying out the provisions of this
Act. (1) The Government for
the purpose of securing fire prevention and life safety measures within the
State shall, by notification in the Official Gazette, constitute as many fire
divisions, fire stations and other field formations, as it may deem fit to meet
with the need of Fire and Emergency Services, having regard to the population,
potential fire hazards in industrial sector, commercial and mercantile
establishments and buildings. (2) Every notification
issued under sub-section (1) shall define the limits of the fire divisions,
fire stations and other field formations for administrative and operational
efficiency. (1) The Government or the
Director shall appoint a Fire Officer for each fire station, who shall be the
officer-in-charge of the fire station and shall be responsible for the
maintenance of communication system, water resources including hydrants,
operation of Fire and Emergency Services within his area. (2) Subject to the
control, direction and superintendence of the Director, the Fire Officer shall
exercise such powers and perform such duties, as may be prescribed. (3) Without prejudice to
the provisions of sub-section (2), the concerned Fire Officer shall,- (i) in case of Fire and
Emergency Services, act as Commanding Officer and in such a situation, the
other Fire and Emergency Services not under his control shall work under his command; (ii) ensure that Fire and
Emergency Management Plan of the Fire Station and other field formations is
prepared in conformity with the respective District Disaster Management Plan; (iii) ensure the timely
turnout of fire units on fire and emergency related calls as per such standard
operating procedures, as may be prescribed; (iv) ensure deployment of
Fire and Emergency Services, resources, equipments and fire personnel at
standby duty for any fire response or any other emergency within his
jurisdiction. The method of recruitment, the pay and
allowances and all other conditions of service of the members of the Fire and
Emergency Services appointed or engaged, shall be such, as may be prescribed. Whenever it appears to the Government that it
is necessary to augment the Fire and Emergency Services, it may raise an
auxiliary Fire and Emergency Service by enrolment of volunteers for such area
and on such terms and conditions, as it may deem fit. On the occurrence of fire in any area, the
officer/official of the fire fighting operations on the spot shall be the
officer-in-charge who may,- (i) order any other
member of the Fire and Emergency Services to remove any person who by his
presence interferes with or impedes the operation for extinguishing of fire or
for saving life or property; (ii) close any street or
passage in or near which a fire is being fought and rescue operation is in
progress; (iii) 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 and carrying out rescue operations; (iv) 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; (v) exercise the same
powers for dispersing an assembly of persons likely to obstruct the fire
fighting operations as if he is/was an officer-in-charge of a police station
and shall be entitled to the same immunities and protection as an
officer-in-charge of a police station; (vi) detain a person who
wilfully obstructs and hinders Fire and Emergency Services personnel in fire
fighting and rescue operations and hand over him to a police officer or at the
nearest police station without delay specifying the time, date and reasons of
detention in writing. Where the Director or Fire Officer or
officer-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, requisite such equipment or
property for the purpose of extinguishing fire or to meet with any other
emergencies in any area and take possession thereof from the authority or any
institution or individual, as the case may be. (1) 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 during fire fighting
operations, as may be required and on such occasions, the owner or occupier
having control over such water source shall supply water for that purpose. (2) The officer-in-charge
of the fire fighting operations shall ensure adequate supply of water for use
in the incident of fire and shall take all necessary measures for fire fighting
operation. No person in-charge of water supply in any
area shall have right to claim for any compensation for damages by reason of
any interruption of supply of water caused in compliance with sub-section (1)
of section 12. No charges shall be claimed by any local
authority for water consumed in fire fighting operations or fire drills or for
installation and maintenance of hydrants static water tanks or any other
arrangement of water supply for fire fighting purposes. The Government shall, by notification,
require any owner or occupier of any place or premises in any area which in its
opinion is likely to cause risk of fire, to take such preventive measures, as
may be specified in such notification. (1) The erector of pandal
shall be deemed to be self-regulator for taking fire prevention and life safety
measures as per provisions of this Act. (2) The erector of pandal
shall display at a prominent place in the pandal, a declaration in the
prescribed form under his own signature to the effect that he has taken all
prescribed fire prevention and life safety measures. (3) The Director or any
officer authorized by him in this behalf shall have the power to enter and
inspect the pandal 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
the directions to remove them within a specified time. If such directions are
not complied with within the time given, the Director or the officer authorised
by him shall seal the pandal. (4) Any erector of a
pandal who falsely declares that he has complied with the prescribed fire
prevention and life safety measures in the pandal shall be deemed to have
committed an offence and shall 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 during which such offence
continues. (1) Whenever it comes to
the notice of the Director or any other officer authorized by him, he may
direct the removal of encroachment, objects or goods likely to cause risk of
fire or any obstruction to fire fighting 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
any other officer authorized by him in this behalf may, after giving the owner
or occupier or erector, as the case may be, a reasonable opportunity of making
representation and in case the Director or an officer authorised by him in this
behalf is not satisfied with such representation, shall with detailed reasons
report the matter to the concerned District Magistrate. (2) On receipt of a
report under sub-section (1), the District Magistrate shall, by means of a
notice served in such manner, as he may think fit, give a reasonable
opportunity to owner, occupier or erector, as the case may be of showing cause
against the removal of encroachment or objects or goods likely to cause a risk
of fire or obstruction to fire fighting. (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 after
considering the representation, may withdraw the notice or make an order to
seize, detain or remove such encroachment, objects or goods. (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, in the manner as may be
prescribed, to the person in possession thereof at the time of seizure that the
said objects or goods shall be sold as if the same are not claimed within the
period stipulated in the said notice. (5) 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 (4), the
District Magistrate shall sell them in public auction. (1) In compliance of the
provisions of Part IV of the National Building Code of India, 1983 as revised
from time to time, Haryana Building Code, 2017 and any other State law or bye-
laws, as applicable on relevant premises, the owner or the occupier of a
building, who is responsible either individually or jointly shall- (i) provide fire fighting
installations and life safety measures; (ii) maintain the fire
prevention and life safety measures in operational condition at all times. (2) Any person proposing
to construct a building as mentioned in clauses (a) and (b) hereunder, after
approval of building plans from the officer competent to approve the same under
the relevant law, shall apply for approval of the fire fighting scheme
confirming to the provisions of this Act and Part- IV of the National Building
Code of India, 1983 as revised from time to time, to the Director or any
officer authorized by him in this behalf, in such form, along with such fee, as
may be prescribed, namely:- (a) all high rise
buildings (except residential buildings upto height of 16.5 mtrs); and (b) special buildings
including- (i) hotel, educational,
institutional, business, mercantile, industrial, storage, hazardous and mixed
occupancies, where any of these buildings have floor area more than five
hundred square meter (500 square meters) on any one or more floors; (ii) educational buildings
having height of nine meters (9 meters) and above; (iii) institutional
buildings having height of nine meters (9 meters) and above; (iv) all assembly
buildings; (v) buildings, having
area more than three hundred square meters (300 square meters) of incidental
assembly occupancy on any floor; and (vi) buildings with two
basements or more, or with one basement of area more than five hundred square
meters (500 square meters) unless otherwise mentioned specifically in the
provisions. (3) Any officer duly
authorized by the Director in this behalf may take cognizance of any
application and shall scrutinize the application with regard to the requirement
of Haryana Building Code, 2017 and Part-IV of National Building Code, 1983 as
revised from time to time. The Director or any officer authorised by him in
this behalf, after scrutiny may grant the approval of fire fighting scheme
which shall be valid for a period of five years for the buildings mentioned in
clause (a) of sub-section (2) and for a period of two years for the buildings
mentioned in clause (b) of sub- section (2) or reject the said application
after recording reasons within such time, as may be prescribed: Provided that the Director or any other
officer authorized by him in this behalf while approving the Fire Fighting Scheme
may impose any additional conditions/fire safety measures, which he deems fit,
for the safety of people and safety of the building depending upon the ground
situation. (4) In case of approach
road/ abutting road on which building is to be constructed and set backs or
open space around such building to be constructed, the parameters laid down
under the Haryana Building Code 2017, shall be applicable. (5) The maximum height of
the storage building shall be permissible up to twenty one meters (21 meters)
subject to the condition that no regular/continuous human habitation shall be
accessible for general public beyond fifteen meters (15 meters) in height. In
case of classes of occupancy or building for which fire prevention and fire
safety measures are not mentioned in the provisions of Part- IV of the National
Building Code of India, 1983 as revised from time to time and separate
guidelines are not issued by the Bureau of Indian Standards or Oil India Safety
Directorate, the Director or any officer authorized by him in this behalf may
require the owner or occupier of such occupancy or building or premises to
provide fire prevention and fire safety measures in accordance with the
parameters laid down by the National Fire Protection Association Institution
(U.S.A.). (6) The maximum travel
distance of the building shall be such as specified in the Haryana Building
Code, 2017 as revised from time to time. (7) The maximum height of
the industrial building shall be permissible up to thirty meters (30 meters)
for low and moderate hazard buildings (except high hazard buildings) subject to
the condition that no regular/continuous human habitation is permitted beyond
eighteen meters (18 meters) in height for low and moderate hazard buildings. In
case of classes of occupancies or buildings or premises for which fire
prevention and life safety measures are not mentioned in the provisions of
Part-IV of the National Building Code of India, 1983 as revised from time and
time and separate guidelines are not issued by the Bureau of Indian Standards
or Oil India Safety Directorate, in such cases, the Director or any officer
authorized by him in this behalf, may require the owner or occupier of such
occupancy or building or premises to provide fire prevention and life safety
measures in accordance with the parameters laid down by the National Fire
Protection Association Institution (U.S.A.). (1) On completion of the
construction of the building mentioned under sub-section (2) of section 18 and installation
of the fire protection and preventive measures as per approved Fire Fighting
Scheme, the owner of the building shall apply for fire safety certificate to
the Director or any officer authorized by him in this behalf, in such form
along with such fee, as may be prescribed. (2) On receipt of
application under sub-section (1), the concerned officer shall scrutinize the
application and inspect the building for compliance of fire fighting scheme. (3) After inspection of
fire safety installation and means of escape as per approved fire fighting
scheme, the concerned officer shall submit his report to the Director or any
other officer authorised by him within such time, as may be prescribed. After
examination, the Director or any officer authorised by him may grant approval
and issue fire safety certificate or reject the said application after
recording the reasons, within such time as may be prescribed. (4) The fire safety
certificate issued for the buildings specified in clause (a) of sub- section
(2) of section 18 shall be valid for three years, for residential buildings
above sixteen and half meters (16.5 meters) shall be valid for five years and
for special buildings as specified in clause (b) of sub-section (2) of section
18 shall be valid for three years. (5) Notwithstanding
anything contained in any other State law for the time being in force, no
authority empowered to issue the occupation Certificate of such building shall
issue the occupation certificate unless the provisions of this section are
complied with: Provided that the authority competent to
approve the fire safety certificate may impose any additional conditions with
regard to fire safety and life safety measures as he may deem fit, for the
safety of people and building depending upon the ground situation. (6) The owner or occupier
of the building shall give a self-declaration certificate annually to the
effect that the fire fighting system installed in his building is working in
good condition and there is no addition/alteration in the building. The Fire
Officer may randomly check such building. In case there is any
addition/alteration beyond permissible limits under the Haryana Building Code,
2017, the fire safety certificate shall cease to exist and the owner shall
apply for approval of revised Fire Fighting Scheme as per the provisions of
section 18. (1) The owner or occupier
of building shall apply for renewal of fire safety certificate within such
period in such form, along with such fee, as may be prescribed. (2) The Fire Officer
shall scrutinize the application and carry out the inspection of fire safety
installations, means of escape etc. and if the building fulfils the prescribed
norms, the Fire Officer or any officer authorized by the Director in this
behalf, shall issue the renewal of fire safety certificate or reject the same
after recording reasons in this regard within such time as may be prescribed: Provided that the Fire Officer or any officer
authorised by the Director competent to approve the renewal of fire safety
certificate may impose any additional conditions with regard to fire safety and
life safety measures which he may deem fit, for the safety of people and
building depending upon the ground situation. (3) The validity of
renewal of fire safety certificate shall be three years for buildings as
mentioned under clauses (a) and (b) of sub-section (2) of section 18. (4) The owner or occupier
of the building shall give a self-declaration certificate annually to the
effect that the fire fighting system installed in his building is working in
good condition and there is no addition/alteration in the building. The Fire
Officer may randomly check such building. In case there is any
addition/alteration beyond permissible limits under the Haryana Building Code,
2017, the renewal of said fire safety certificate shall cease to exist and the
owner shall apply for approval of revised Fire Fighting Scheme as per the
provisions of section 18. (1) If the owner or
occupier, as the case may be, fails to comply with the directions issued by the
Director or any officer authorised by him in this behalf, the fire safety
certificate or renewal of fire safety
certificate issued under sections 19 and 20, may be cancelled by the issuing
authority after giving an opportunity of hearing to the owner or occupier. (2) The owner or occupier
of the building, whose fire safety certificate has been cancelled, shall not be
entitled to occupy the building or premises on the ground of non- compliance of
fire prevention and life safety measures. (1) To ensure effective
fire prevention and life safety measures in all buildings as per provisions of
Part-IV of the National Building Code of India, 1983 as revised from time to
time, every owner or occupier, individually or jointly, as the case may be,
shall appoint a Fire Safety Officer, having such qualifications, as may be
prescribed. (2) In case of a vacancy
of the Fire Safety Officer appointed under sub-section (1), either on
resignation or otherwise, the owner or occupier individually or jointly, as the
case may be, shall appoint the Fire Safety Officer immediately. (3) In case of the
non-appointment of the Fire Safety Officer under sub-section (1) and (2), the
Fire Officer may take such steps as he deems necessary as per the provisions of
this Act. (4) The Fire Safety
Officer shall have to undergo training at the Fire and Emergency Services
Training Institute established by the Government: Provided that a person who has already
undergone such training at the National Fire Service College, Nagpur run by the
Ministry of Home Affairs or at any other equivalent institution recognized by
the Government, shall not be required to take such training. (1) The Fire Officer
authorized by the Director in this behalf 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 Fire Officer authorized by
the Director in this behalf, may enter into and inspect any place or building
or part thereof at any time if it appears to be expedient and necessary to do
so in order to ensure safety of life and property. (2) The Fire 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
into or upon any place or building or part thereof of a Fire Officer and shall
not manhandle with the Fire Officer during such inspection. (4) On entry to any such
place or building or part thereof used as a human dwelling, due regard shall be
paid by the Fire Officer to the social and religious sentiments of the
occupiers: Provided that if any place, building or part
thereof in the actual occupancy of any woman, who, according to the custom does
not appear in public, then a notice is required to be given to such woman with
liberty to withdraw herself from such place and every reasonable facility is
required to be afforded to her for such purpose. (5) After carrying out
the inspection under this section, the Fire Officer shall give a report of such
inspection to the Director or any other officer authorized by him in this
behalf. (6) The Director or any
other officer authorized by him in this behalf shall, after receipt of the
report, record his views on the deviations 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 shall issue a notice
to the owner or occupier of such place, building or part thereof directing him
to undertake such measures within such time as may be specified in the notice. (7) The Director or any
other officer authorized by him in this behalf in the event of non-compliance
of notice issued shall take such steps as he deems fit under the provisions of
this Act. (1) The Fire Officer or
any other officer authorized by the Director in this behalf may enter and
inspect any building, the construction of which was completed on or before the
commencement of this Act or any building which was under construction on such
date in which such inspection appears to be necessary for ascertaining the
adequacy of fire prevention and life safety measures. (2) The Fire Officer or
any other officer authorised by the Director shall after inspection of the
building under sub-section (1) and after taking into consideration- (i) the provision under
which the plan of said building was sanctioned; (ii) the conditions
imposed, if any, by the local authority at the time of sanction of the plan of
said building; and (iii) the minimum standards
for fire prevention and fire safety measures specified for such building as per
provisions of Part-IV of the National Building Code, 1983 as revised from time
to time, shall submit a report of inspection made by him to the Director or any
other officer authorized by him in this behalf. Whoever contravenes the provisions of
sub-section (1) of section 12, without prejudice to any other action taken
against him under this Act shall be punishable with imprisonment for a term
which may extend to three months or with fine which may extend to fifty
thousand rupees, or with both. (1) If any owner or
occupier of a building fails to appoint Fire Safety Officer under section 22
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, shall be deemed to be in
default jointly and severally and shall be liable to pay such sum not less than
ten rupees per square meter and not exceeding fifty rupees per square meter of
the area owned or occupied including the common areas in the building as
determined by the Director or any officer authorized by him for each month of
default or part thereof. (2) The amount due as
penalty under sub-section (1) shall be recovered as an arrear of land revenue. (1) Any person whose
building catches fire on account of an action of his own or of his agent,
deliberately or negligently, shall be liable to pay compensation to any other
person suffering any damage from such fire. (2) All claims under
sub-section (1) shall be referred to the Director within thirty days from the
date when the damage was caused. (3) The Director shall,
after giving an opportunity of being heard to the concerned persons, may
determine the amount of compensation and pass an order in this regard while
fixing the liability of the persons for paying such compensation. The order
passed under this sub-section shall have the force of decree of a civil court
and shall be implemented within thirty days from the date of receipt of the
order. Any person who wilfully obstructs or
interferes with any member of the Fire and Emergency Services, who is engaged
in fire fighting operations, shall 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. 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, shall be
punishable with imprisonment which may extend to three months or with fine which
may extend to ten thousand rupees, or with both. Whoever contravenes any provisions of this
Act or any rule or notification made thereunder except as provided specifically
in this Act, shall 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 everyday during
which such offence continues. (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 for the
conduct of the affairs of the Company shall be punishable with imprisonment
which may extend to three months or with fine which may extend to ten thousand
rupees, or with both: 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 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
liable for punishment as per sub-section (1). Explanation.- (i) ‘company’ means a body
corporate and includes a firm or other association of individuals; and (ii) ‘director’ means a director or a partner
of the firm. (1) Any offence committed
under this Act may either before or after the institution of the prosecution,
be compounded by such officer and for such amount, as the Government may, by
notification, specify in this behalf: Provided that no offence shall be compounded
unless the notices or orders issued under this Act are complied with. (2) Where an offence has
been compounded under sub-section (1), no further proceedings shall be taken
against the offender in respect of such offence. No suit, prosecution or other legal
proceeding shall lie 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. No court shall take cognizance of an offence
under this Act, except on the complaint of or upon information received from
the Director or concerned Fire Officer of the Fire and Emergency Services. The Court of Sub-Divisional Magistrate shall
try an offence punishable under this Act. (1) Any person aggrieved
by any notice or order of the Director or any other officer authorised by him
in this behalf may prefer an appeal against such notice or order to the
appellate authority within a period of sixty days: Provided that the appellate authority may
entertain an appeal after the expiry of the such period if it is satisfied that
there was sufficient cause for not filing it within that period. (2) An order passed by
the appellate authority in the appeal shall be final. (1) The Government may
establish and maintain one or more training institutes in the State of Haryana
for providing courses of instructions in the prevention and extinguishment of
fire for the fire service personnel and private candidates from industries,
high rize buildings and other Government and Non-Government establishments. (2) The Government may
extend the training facilities to the local bodies and industrial undertakings
as well as to the fire and emergency service of other States on payment of such
fee and charges, as may be prescribed. (3) The Government shall
prescribe 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 Services may be
sent to 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 Government for the
administration of the provisions of this Act. The Fire Officer shall conduct community
awareness and training programmes on preventive measures on fire and other
emergencies. The Fire Officer may render assistance and consultation to the
communities in matters related to fire prevention. (1) A fire tax shall be levied
on buildings on which property tax is levied by any local authority. (2) The fire tax shall be
levied at such rate in terms of percentage of property tax as the Government
may, by notification in the Official Gazette, determine from time to time. (1) The authorities
empowered to assess, collect and enforce payment of property tax under the law
authorizing the local authority of the area to levy such tax shall, on behalf
of the Government, assess, collect and enforce payment of the fire tax in the
same manner, as the property tax is assessed, paid and collected. (2) Such portion of the
total amount of the fire tax as the Government may determine, shall be deducted
by the local authority to meet the cost of collection of the fire tax. (3) The net amount of the
fire tax collected under this Act reduced by the cost of collection of fire tax
shall be paid to the Government, in such manner and at such intervals, as may
be prescribed. (1) Where members of the
Fire and Emergency Services are deployed along with equipment and appliances
beyond the limits of State in order to extinguish a fire in the neighbourhood
on the request of any Government or local body or Fire and Emergency Services,
such Government or local body or Fire and Emergency Services, as the case may
be, shall be liable to pay such charges as may be prescribed. (2) No members of Fire
and Emergency Services shall be deployed for the purpose as mentioned under
sub-section (1) without prior permission of the Director or any other officer
authorized by him in this behalf who shall not be below the rank of Deputy
Director (Technical). (3) The fee referred to
in sub-section (1) shall be payable within one month of the service of a notice
of demand by the Director or any other officer authorized by the Director in
this behalf, as the case may be, and if it is not paid within that period, it
shall be recoverable as an arrear of land revenue. (1) No charges shall be
levied for extinguishing the fire and rescue operations within the State. (2) The Government shall,
by notification specify the charges for deployment of members of Fire and
Emergency Services along with equipment and appliances for the private purpose
and for standby duty for a specific duration. Any amount payable under this Act shall be recovered
as arrears of land revenue. Recovery of dues. The Director may, with the previous sanction
of the Government, enter into an agreement with any Fire and Emergency Services
or the authority which maintains the said Fire and Emergency Services, beyond
the limits of any area in which this Act is in force for providing personnel or
equipment or both, for fire fighting purposes, on such terms as may be provided
by or under the agreement on reciprocal basis in public interest. Without prejudice to the provisions of any
other state law on the subject for the time being in force, the Government may,
by notification in the Official Gazette, declare any class or category of Fire
and Emergency Services as technical service. The Director or any other officer authorized
by him in this behalf may, for the purpose of discharging his duties under this
Act, require the owner or occupier of any building to supply information with
respect to the character of such building, the available water supplies and
means of access thereto and any other material particulars as he may deem
necessary and such owner or occupier shall be liable to furnish all information
under his possession. (1) Where on receipt of a
report from Fire Officer under sections 23 and 24, or suo- moto, it appears to
the Director or any officer authorized by him 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 to remove them from such building
forthwith. (2) If an order made by
the Director or any officer authorized by him under sub-section (1) is not
complied with, the Director or any officer authorized by him may direct- (i) to disconnect the
supply of electricity of the building to concerned authority and such authority
shall comply with said directions; (ii) to disconnect the
water and sewer of the building or premises to the concerned authority and such
authority shall comply with such directions; (iii) any police officer
having jurisdiction in the area to remove such persons from the building and
such officer shall comply with such directions. (3) After the removal of
the persons under clause (iii) of sub-section (2), the Director or any other
officer authorized by him in this behalf shall seal the building. (4) No person shall
remove such seal except under an order made by the Director or any officer
authorized by him. (5) Any person who
removes such seal except under an order made by the Director or any officer
authorized by him, 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. In fire fighting operations or any other
duties related to seizure, detention or removal of any goods involving risk of
fire on the request of the officer-in-charge of the fire fighting operation, it
shall be the duty of a police officer or employees of the police force to
assist and aid the officer-in- charge of the fire fighting operation in
performance of such duties. If the member of the Fire and Emergency
Services become permanently disabled or dies during discharging the fire
fighting and rescue operation duties, the Government shall pay adequate
compensation to such member or to the next of kin of deceased, as the case may
be as specified by the Government, by notification in the Official Gazette. Every member of Fire and Emergency Services
shall be deemed to be a public servant within the meaning of section 21 of the
Indian Penal Code, 1860 (Central Act 45 of 1860). (1) No member of the Fire
and Emergency Services shall without the previous sanction of the Government: (i) be a member of, or be
associated in any way with, any union, labour union and political association; (ii) communicate with the
press or publish or cause to be published any book, letter or other document
except where such communication or publication is in the bonafide discharge of
his duties or is of a purely literary, artistic or scientific character. (1) The Government may,
by notification in the Official Gazette, make rules for carrying out the
provisions of this Act. (2) Every rule made under
this Act shall be laid, as soon as may be, after it is made, before the House
of the State Legislature, while it is in session. The Director may, by order direct, that any
power conferred or any duty imposed upon him, by or under this Act, shall in
such circumstances and under such conditions, as may be specified in the order,
be exercised and performed by such officer as specified in the order. (1) If any difficulty
arises in giving effect to the provisions of this Act, the 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 three years from the commencement of this Act. (2) Every order made
under this section shall be laid, as soon as may be after it is issued, before
the House of State Legislature. Notwithstanding anything inconsistent
therewith contained in any other State law for the time being in force, the
provisions of this Act shall have overriding effect. (1) The Haryana Fire
Service Act, 2009 (12 of 2009) is hereby repealed. (2) Nothing in this Act
shall affect- (i) any right, interest
or liability already acquired, accrued or incurred before the commencement of
this Act; or (ii) any legal proceedings
or remedy in respect of such right, interest or liability; or (iii) anything done or
suffered before the commencement of this Act; or (iv) any rule framed under
the repealed Act which is not inconsistent with this Act.HARYANA FIRE AND EMERGENCY SERVICES ACT, 2022
Be it enacted by the Legislature of the State of Haryana in the Seventy-third
Year of the Republic of India as follows:-
This Act may be called the Haryana Fire and Emergency Services Act, 2022.
In this Act, unless the context otherwise requires,-
Section 3. Fire and Emergency Services.