MAHARASHTRA
FIRE PREVENTION AND LIFE SAFETY MEASURES ACT, 2006 THE
MAHARASHTRA FIRE PREVENTION AND LIFE SAFETY MEASURES ACT, 2006 [Act
No. 3 of 2007] [5th
February, 2007] An Act to make more effective
provisions for the fire prevention and life safety measures in various types of
buildings in different areas in the State of Maharashtra. WHEREAS it is expedient to make more
effective provi?sions for the fire prevention and life safety measures in
various types of buildings in different areas in the State of Maharashtra, for
imposition of fee, constitution of a special fund and for the purposes
connected therewith, or incidental thereto; It is hereby enacted in the Fifty-seventh
Year of Republic of India as follows :- (1) This Act may be
called the Maharashtra Fire Prevention and Life Safety Measures Act, 2006. (2) It extends to the
whole of the State of Maharashtra. (3) It shall come into
force ? (a) in the areas of the
local authorities and the planning authorities, on such date as the State
Government may, by notification in the Official Gazette, appoint; (b) in other areas or
part of the areas, on such date as the State Government may, by the same or
like notification appoint; and different dates may be appointed for different
provisions thereof and for different areas or part of the areas; and (c) any reference in the
Act to the commencement of this Act shall, in relation to a provision or an
area, be constructed as a reference to the coming into force of this Act or any
provision thereof in that area. In this Act, unless
the context otherwise requires,- (1) the expression
"building" shall have the same meaning assigned to it in the relevant
municipal 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, whether authorized or otherwise, outhouses, if
any, appertaining to such building or part thereof and petrol, diesel or gas
lines, installations or pumps. Explanation.
- For the purposes of this Act the definition of "building"
herein shall extend and apply only to such building in respect of which fee is
assessable and leviable as specified in the Schedule-II; (2) "building
bye-laws" means the building bye-laws, rules or regulations made under any
relevant municipal law and includes the development control rules 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; (3) "Chief Fire
Officer" means the Chief Fire Officer or any other fire officer by
whatever designation called, in charge of the fire-brigade maintained by a
local authority or a planning authority; (4) "Director"
means the person appointed by the State Government to be the Director,
Maharashtra Fire Services, Group A, under section 18; (5) the expression
"fire prevention and life safety mea?sures" 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, 2005,
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; (6) "Licensed
Agency" means a person or an association of persons licensed by the
Director, or within the area under his jurisdiction, the Chief Fire Officer or
the nominated officer, for undertaking or executing fire prevention and life
safety mea?sures or performing such other related activities required to be
carried out under this Act within the area of the local authority or a planning
authority; (7) "local
authority" means a Municipal Corporation or a Municipal Council or a Nagar
Panchayat or an Industrial Township constituted under any relevant municipal
law for the time being in force in the State; (8) "National
Building Code of India, 2005" means the book containing Fire Prevention
and Life Safety Measures to be implemented in the buildings, places, premises,
workshops, warehouses and industries, published by the Bureau of Indian
Standards, from time to time, with or without amend?ments; (9) "nominated
officer" means an officer possessing the prescribed qualifications and
nominated by the Director or the Chief Fire Officer and includes an officer
nominated by a local authority or a planning authority for the purposes of this
Act : Provided that, for
the areas not covered by any Municipal Corporation or Municipal Council, the
Director shall nomi?nate an officer to be "a nominated officer", and
different such officers may be nominated for different areas ; (10) "Occupier"
includes ? (a) any person who for
the time being is paying or is liable to pay the owner the rent or any portion
of the rent for the land or building or any part thereof in respect of which
such rent is paid or is payable; (b) an owner in
occupation of or otherwise using land or building or part thereof; (c) a rent-free tenant of
any land or building or part thereof; (d) a licensee in
occupation of any land or building or part thereof; (e) a member of a
co-operative housing society or an apartment owner; and (f) any person who, or an
association, corporation (whether incorporated or not) or an organisation which
is liable to pay to the owner damages for the use and occupation of any land or
building or part thereof; ? (11) "owner"
includes a person who for the time being is receiving or is entitled to
receive, the rent of any land or building or part thereof whether on his
account or on account of himself and others or as an agent, a registered
co-operative housing society, trustee, guardian or receiver or any other person
who should so receive the rent or be entitled to receive it if the land or
building or part thereof were let to a tenant, or a builder, developer or
promoter who constructs flats or apartment for sale under the provisions
of the Maharashtra Ownership Flats (Regulation of the promotion of construc?tion,
sale, management and transfer) Act, 1963 (Mah. XLV of 1963), or, as the case
may be, the Maharashtra Apartment Ownership Act, 1970 (Mah. XV of 1971); ? (12) "planning
authority" includes, - (a) the Nagpur
Improvement Trust constituted under the Nagpur Improvement Trust Act, 1936
(C.P. and Berar XXXVI of 1936); ? (b) a Special Planning
Authority constituted or appointed or deemed to have been appointed under
section 40 or the New Town Development Authority constituted or declared under
the provisions of section 113 of the Maharashtra Regional and Town Planning
Act, 1966 (Mah. XXXVII of 1966); (c) in respect of the
slum rehabilitation area declared under section 3C of the Maharashtra Slums
Areas (Improvement, Clearance and Redevelopment) Act, 1971 (Mah. XXVIII of
1971), the Slums Rehabilitation Authority appointed under section 3A of the
said Act; (13) "prescribed"
means prescribed by rules; (14) "relevant
municipal law" means,- (a) the Mumbai Municipal
Corporation Act (Bom. III of 1888); (b) the Bombay Provincial
Municipal Corporation Act, 1949 (Bom. L1X of 1949); (c) the City of Nagpur
Corporation Act, 1948 (C.P. and Berar II of 1950); (d) the Maharashtra
Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965; ? (15) "rules"
means rules made under this Act; (16) "Schedule"
means Schedule appended to this Act. (1) Without prejudice to
the provisions of any law or the rules, regulations or bye-laws made thereunder
or the National Building Code of India, 2005, relating to fire prevention and
life safety measures and in operation in the State for the time being in force,
the owner or where the owner is not traceable, the occupier, of a building as
classified in the Schedule-I or part of any such building shall provide fire
prevention and life safety measures in such building or part thereof, minimum
fire fighting installations as specified against such building in the said Schedule;
and the owner or, as the case may be, the occupier shall maintain the fire
prevention and life safety measures in good repair and efficient condition at
all times, in accordance with the provi?sions of this Act or the rules : Provided that, in the
case of such building or part thereof the construction of which has been
completed immediately before the date of commencement of this Act, the
occupier, and subject to the provisions of sub-section (2), in the case of such
building or part thereof which is under construction on such date, the owner,
shall undertake and carry out such additional fire prevention and life safety
measures, as are specified in the notice served on him under section 6. Explanation.- The
classified of buildings as mentioned in the Schedule-I under this section and
that in Schedule-II under section 11, conforms to the classification of
buildings made under the provisions of the National Building Code of India,
2005. (2) Notwithstanding
anything contained in any law for the time being in force, no authority
empowered to sanction the construction plan of any building or part of a
building and to issue certificate of completion thereof, shall issue any
certifi?cate of completion or part completion thereof, unless it is satisfied
that the owner has complied with the requirements specified in Schedule-I, or
as the case may be, in the notice so served on him as aforesaid. (3) The owner or
occupier, as the case may be, shall furnish to the Chief Fire Officer or the
nominated officer, a certificate in the prescribed form issued by a Licensed
Agency regarding the compliance of the fire prevention and life safety measures
in his such building or part thereof, as required by or under the provisions of
this Act, and shall also furnish to the Chief Fire Officer or a nominated
officer, a certificate in the pre?scribed form, twice a year in the months of
January and July regarding the maintenance of fire prevention and life safety
measures in good repair and efficient condition as specified in sub-section
(1). (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, require owner or occu pier of
premises in any area or of any class of premises used, which in its opinion,
are likely to cause risk of fire, to take such precautions as may be specified
in such notification. (2) Where such
notification has been issued, it shall be lawful for the Director or Chief Fire
Officer or local authority or planning authority or any fire officer authorized
either by the Director or 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 any 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. (3) The Director or the
Chief Fire Officer or any other Fire Officer while performing his duties in
Fire Fighting Opera?tions or any other duties of seizure, detention or removal
of any goods involving risk of fire may require the assistance of a police
officer or members of the police force as an aid in performing of such duties
and it will be the duty of police officer of all the ranks or such members to
aid the Director or such fire officer in the execution of their duties under
this Act. (1) The Director or the
Chief Fire Officer or the nominated officer 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
Director 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 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
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 of
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, accord?ing 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 any such inspection to the Director and the
Chief Fire Officer of the authority concerned. The Director or the
Chief Fire Officer or the nominated officer shall, after completion of the
inspection of the place or building or part thereof under section 5, 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 mea?sures 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 issue a notice to the owner or
occupier of such building or part thereof directing him to undertake such
measures within such time as may be specified in the notice. (1) Without prejudice to
the prosecution for offence of non-compliance of the notice issued under
section 6, the Director 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 under section 8, as may be necessary
for the compliance of such notice. (2) All expenses incurred
by the Director 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, without prejudice to the provisions of sub-section
(3) of section 20, as if it were the arrears of tax on property and the
provisions under the relevant municipal law or any other law for the time being
in force and is in operation within the area of jurisdic?tion of the local
authority or planning 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 so in
operation then, as an arrears of land revenue. (1) If the Director or
the Chief Fire Officer is satisfied that due to inadequacy of fire preven?tion
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 Chief Fire Officer under sub-section (1) is not complied
with, the Director or the Chief Fire Officer may direct,- (a) the authority
responsible for supply of electricity or the authority responsible for 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 person from such place of
building or part thereof; and such authority or police officer
shall comply with such direction; (3) After the removal of
the persons under sub-section (1) or sub-section (2), as the case may be, the
Director 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 Chief
Fire Officer suo motu or an application of the owner or occupier. (1) The Chief Fire Officer
may grant any person or association of persons as he thinks fit, a licence to
act as a Licensed Agency for the purposes of this Act. (2) Any person intending
to have or renew such licence shall apply to the Chief Fire Officer in the
prescribed form and in the prescribed manner. Such application shall bear a
court-fee stamp of five rupees and shall be accompanied by the prescribed fee. (3) On receipt of such
application, the Chief Fire Officer may, after holding such inquiry as he deems
fit, either grant the licence in the prescribed form for a period of one year
or renew the same for a like period or, for reasons to be recorded in writing,
by order refuse to grant or renew the licence. (4) Where the Chief Fire
Officer has reason to believe that any person to whom a licence has been
granted has contra?vened any provisions of this Act or of the rules or failed
to comply with the conditions of the licence or is unfit by reason of
incompetency, misconduct or any other grave reasons, the Chief Fire Officer
may, after giving the person a reasonable opportunity to show cause, for
reasons to be recorded in writing, by order suspend or cancel the licence. (5) The Director and the
nominated officer may also exer?cise the powers under this section, within
their respective jurisdiction. (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
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, he may authorise any person or persons he thinks fit to carry
out such work, and any work carried out by such authorized person or persons shall
be deemed to be carried out by a Licensed Agency. (2) No Licensed Agency or
any other person claiming to be such Licensed Agency shall give a certificate
under sub?section (2) of section 3 regarding the compliance of the fire
prevention and life safety measures or maintenance thereof in good repair and
efficient condition, without there being actual such compliance or maintenance. (1) With effect from such
date as the State Govern?ment may, by notification in the Official Gazette,
appoint in this behalf and subject to the provisions of this Act, there shall
be levied a Fire Service fee at the rates specified by or under the provisions
of this Chapter, for the purposes of this Act on all owners of various types of
buildings specified in the Schedule-II (hereinafter in this Chapter, referred
to as "the said Schedule"), within the area of a local authority or a
planning authority (hereinafter, save as otherwise mentioned, throughout in this
Act, collectively referred to as ("the Author?ity"), to which this
Act applies; and different such dates may be appointed for different types of
buildings and different areas of different Authorities. (2) The rate of such fee
in respect of each type of building situated within the area of any of the
Authorities and classi?fied in column 2 of each of the Part-I, Part-II or, as
the case may be, Part-Ill of the said Schedule shall, in the first instance, be
at the rate specified in each of the sub-column (1), but subject to the minimum
fee specified in each of the sub-column (2), of columns 3, 4, 5, 6 and 7 of
Part-I or of columns 3, 4, 5 and 6 of Part-II, or, as the case may be, of
columns 3 and 4 of Part-Ill, as aforesaid. (3) The Authority may,
subject to the other provisions of this Chapter, enhance from time to time, the
rate of fee, including the annual fee, and levy the fee at such enhanced rate : Provided that, the
Authority may, subject to the other provisions of this Chapter, reduce, from
time to time, such enhanced rate and levy fee at such reduced rate, so,
however, that in no case the rate shall be reduced below the minimum rate
specified in the said Schedule. (4) In determining the
rate of fee to be enhanced or reduced under sub-section (3), the Authority
shall take into consider?ation the balance available in the Fire Protection
Fund con?stituted under section 25 and the estimated income and expenditure
(including any capital expenditure) of the Fire Services and ensure that the
expenditure incurred or to be incurred has reasonable correlation with the
carrying out of the purposes of this Act. (5) The other matter
relating to imposition (including guide?lines), assessment and collection of
such fee shall be such as may be prescribed. (1) The Authority, before
enhancing or reducing the enhanced rate and levying the fee at such rate shall
observe the following preliminary procedure, namely :- ? (a) the Authority shall,
by a resolution passed at a special meeting, approve the rate of fee at which
it proposes to levy such fee; (b) when such a
resolution is passed, the Authority shall take further action to obtain the
previous sanction of the State Government to the proposal. (2) The State Government
may, by an order published in the Official Gazette, accord sanction to the said
proposal of the Authority and specify in such order the date on or after which
the proposal shall be brought into force. ? (3) ?(a) The Authority shall display on the notice
board of its office the said order, and shall also publish a notice in a local
newspaper informing the inhabitants of the area within its jurisdiction, of the
subject matter of the order so displayed; (b)
?When the rates at which the fee is
leviable are enhanced or reduced under sub-section (3) of section 11, it shall
not be necessary to give any separate notice thereof to the owners or occupiers
of the buildings affected thereby. (1) There shall also be
levied annually a further fee at the rate of one per cent. of the minimum fees
specified in the respective columns of the Parts-I, II or, as the case may be,
Part-Ill of the said Schedule against each type of building classified in
column 2 of the said Parts of the said Schedule for providing the amount to
defray the expenses for the purposes mentioned in sub-section (3) of section
25, and also for regular check and inspection, and other incidental expenses so
as to require and cause the owner or occupier thereof to keep the necessary
installations in fit condition. (2) The Authority may,
subject to the other provisions of this Chapter, enhance or reduce, from time
to time, the rate of annual fee and levy such enhanced or reduced fee. (3) In determining the
rate of annual fee to be enhanced or reduced and the procedure to be followed
in that regard, the provisions of sub-section (4) of section 11, sections 12
and 16 shall mutatis mutandis apply as they apply in respect of rate of initial
fee and levy thereof. (1) Any person who, after
the commencement of this Act, intends to construct a building for which
permission of the Authority is required, whether he has applied for such
permission or not, or who has commenced construction of a building, shall apply
to the Authority within such time and in such manner as may be prescribed, for
the assessment of fees payable in respect thereof. (2) The Authority shall,
on such application being made or if no such application is made, by a person
constructing a building, then after serving a notice in writing on the person
liable to such payment and after calling for a report in this behalf from the
concerned officer of the Authority and after taking into consideration the
report aforesaid, determine whether or not and, if so, what fee is leviable in
respect of that construction, and after giving the person concerned an
opportunity to be heard, shall then assess the amount of fee payable by such
person and give to such person a notice in writing of such assessment : Provided that,- (a) where permission has
not been granted for constructing a building, the Authority may postpone the
assessment of the fee; (b) where the application
relates to the construction of a building, the Authority may refuse to assess
the amount of fee payable by such person concerned unless it is satisfied that
the applicant has an interest in the land or building sufficient to enable him
to carry out the construction or that the applicant is able to acquire such
interest and that the applicant shall carry out the construction within such
period as the Authority may determine. (3) ?(a) In case of every building the construction
of which has been completed immediately before the date of coming into force of
this Act, no fees shall be levied under this Chapter. (b)
?In the case of every building the
construction of which has been completed on or after the date of coming into
force of this Act, such fee, unless it has already been paid in accordance with
the provisions of any law or building bye-laws or regulations in force
immediately before the date appointed under sub-section (1) of section 11,
shall be pay?able, by the owner and if the owner is not traceable by the
occupier. (4) The annual fee
leviable under this Act shall be payable by the owner or occupier, in the case
of the existing such building, from the date appointed under sub-section (1) of
section 11, and in the case of such building the construction of which is
completed after such date, from the date of occupancy certificate granted in
respect of such building by the Authority, and in advance in half yearly
installment or in the same manner in which property taxes are payable under the
relevant municipal law, or as the case may be, any other law for the time being
in force, within the area of jurisdiction of the Authority : Provided that, the
liability of the occupier to pay the fee under this sub-section shall be only
to the extent of the fee payable in respect of built-up area under his
occupation including his share in the area comprising common facilities in such
building or part thereof. Explanation.- For
the purposes of assessment of fee under this Act, the built-up area shall be
gross built-up area, which includes area of easements, stilts, stair-cases,
lifts, lobbies, passages, balconies, cantilever portions and refuge areas as
shown in the building plan certified by the Architect and submitted to the
Authority alongwith the application for permission for construction of a
building. The built-up area to be calculated for this purpose will have no
relation with the floor space index or the built-up area calculated in any
other manner. (5) The amount of fee as
shown in the notice of assessment shall be paid within thirty days of the date
of receipt thereof by such person as aforesaid and where the amount has not
been so paid or has been partly paid, an interest at the rate of eighteen
per cent. per annum upon any amount outstand?ing shall be payable from the date
immediately following the date on which the period of thirty days as aforesaid
expires till the date of payment of such amount. ? (6) The Authority shall,
in regard to the area lying within its jurisdiction, collect all fees due under
this Act in respect of construction of any building in that area. Explanation.- For
the removal of doubt, it is clarified that where the area of jurisdiction of
any two or more Authorities over-laps, the Authority which is empowered by or
under the provisions of the law under which it functions, to grant permission
for construction of a building shall be the Author?ity for the purposes of this
section. (7) (a) The fee, together
with interest, if any, payable in respect of any building shall, subject to the
provisions of sub?section (8), be the first charge on such building and the
land appurtenant thereto, subject to the prior payment of land revenue, if any,
due to the Government thereon. (b)
?The fee payable in respect of any
building by any person shall, together with interest due upto the date of
realization, be recoverable from the owner, or as the case may be, occupier or
his successor in interest in such building, in the same manner in which
property taxes are payable under the rel?evant municipal law, or as the case
may be, any other law for the time being in force within the area of
jurisdiction of the Authority : Provided that, the
liability of the occupier to pay the fee shall be only to the extent of the fee
payable in respect of the built-up area under his occupation including his
share in the area comprising common facilities in such building or part
thereof. (8) Notwithstanding
anything contained in clause (11) of section 2 or sub-section (7) of this
section, where a promoter as defined in clause (c) of section 2 of the
Maharashtra Ownership Flats (Regulation of the promotion of construc?tion,
sale, management and transfer) Act, 1963 (Mah. XLV of 1963) (hereinafter, in
this sub-section, referred to as "the said Act of 1963") has
constructed or intends to construct any building consisting of flats or
apartments, the liability to pay the fee (including annual fee) in respect of
any such building and interest, if any, shall be that of such promoter; and any
amount of such fee and interest remaining outstanding shall, without prejudice
to any other mode of recovery thereof available against such promoter, be the
first charge on any other property which he owns or in which he has a right,
title or interest (in which case such charge shall be limited to the extent of
his such right, title or interest), subject to the prior payment of land
revenue, if any, due to Government thereon: Provided that, the
liability of the Promoter to pay such fee and interest, if any, shall extend to
and be limited to the date of execution of the conveyance by the promoter under
section 11 of the said Act of 1963. ? No fee shall be
levied on any building vested in or under the control or possession of the
Central or State Government or any Authority. (1) Where it appears to
the State Government that the balance of the Fire Protection Fund of any
Authority is insufficient for meeting any expen?diture required to be incurred
for purchasing and maintain?ing fire fighting equipment and property and for
maintenance thereof or for creating posts of officers, staff and servants for
meeting the requirements to provide fire services or generally for performance
of fire fighting operations; or that such balance is more than the requirements
for the purposes aforesaid, the State Government may, by notification in the
Official Gazette, require the Authority to enhance the rate of fee or reduce
the enhanced fee, if any, at such rate as may be specified in the said notification,
so, however that any reduc?tion in rate shall not affect the minimum rates as
specified in the relevant sub-columns in the said Schedule. (2) After receipt of such
requisition as aforesaid the Au?thority shall forthwith proceed to enhance or,
as the case may be, reduce the enhanced fee in accordance with the requisi?tion
and the resolution of the Authority passed in that behalf and the rate of fee
specified therein shall take effect from the date of resolution; and the
provisions of sub-section (3) of section 12 shall mutatis mutandis apply for
the publication of such resolution. No assessment or no
charge or demand of any fee including interest, if any, made under the
authority of this Act shall be invalid by reason of any clerical error or other
defect of form, and when any property is described for the purpose of assessing
any such fee, it shall be sufficient to describe it so that it shall be
generally known, and it shall not be necessary to name the owner or occupier
thereof. (1) The State Government
shall appoint a person to be the Director of Fire Services and such other
officers and staff as may be necessary from time to time to assist the Director
while exercising his powers or discharging his duties or functions under this
Act or the rules made thereunder. (2) The jurisdiction of
the Director so appointed shall extend to the entire State in the matters
relating to fire services. (3) Subject to the
control, direction and supervision 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 rules or orders made thereunder. Without prejudice to
the provisions of sub-section (3) of section 18, the Director shall,- (i) function as Head of
Department in the office of the Director; ? (ii) keep liaison with the
Central Government and State Government offices for the development of fire
services ; (iii) 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; (iv) exercise, supervision
and control, over all Authorities in matters of fire prevention and fire safety
measures; and subject to the approval of the State Government, issue such
direction to any Authority in respect of fire services maintained or required
to be maintained by them; (v) represent the State
Government on National and International forums with a view to updating the
standard of fire services in the State of Maharashtra; (vi) 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 Au?thorities; ? (vii) take or cause to be
taken such effective steps and measures in cases of major fires, house collapse
and other emergencies or calamities; (viii) investigate or cause
to be investigated the cause of fire and advise the Authorities for
implementing fire precautionary measures; (ix) advise the State
Government to set up additional Fire Training Center or Centers for imparting
training to the officers and staff already employed in the Fire Brigades
maintained by the Authorities as also to cater to the need of the various
industries, commer?cial and mercantile establishments in the private sector and
to train their officers or staff or to provide them the trained and qualified
fire service personnel; (x) requisition
fire-fighting property 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 property
by an authority in the area of which authority, such fire operation is required
to be carried out; (xi) 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. (1) 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 fire fighting mea?sures 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. (2) If the duty is not
performed within the period so fixed, the Director may appoint some 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 Authority. (3) If the expense and
remuneration are not so paid, the Director may make an order directing the bank
in which any moneys of 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. (1) For the purpose of
providing adequate number of officers and staff for meeting the needs of fire
services within the jurisdiction of the local authorities and planning
authorities having regard to the potential fire haz?ards in certain industries
and large commercial and mercan?tile establishments and buildings and the
number of fire stations required to be provided for and maintained within the
respective areas of the local authorities and the planning authorities, such
Authorities shall be classified as under :- ? (a) the Municipal
Corporation of Brihan Mumbai; (b) Municipal
Corporations having minimum population above fifteen lakhs to be classified as
'A' Class Mu?nicipal Corporations; (c) Municipal
Corporations having population of five lakhs and above upto fifteen lakhs, to
be classified as 'B' Class Municipal Corporations; (d) all other Municipal
Corporations not covered by clauses (a), (b) or (c) to be classified as 'C
Class Municipal Corporations; and (e) Municipal Councils,
Nagar Panchayats, Industrial Townships and planning authorities to be
classified as 'D' Class Municipal Councils, Nagar Panchayats, Industrial
Townships and planning authorities. (2) Subject to the
directions, if any, as the Director may, within the approval of the State
Government, by notification in the Official Gazette, issue from time to time,
in this behalf, the existing pattern of the Fire Brigade including the quali?fication,
pay, allowances and other conditions of service and method of recruitment of
the officers and other staff engaged therein, in the Municipal Corporation of
Brihan Mumbai shall continue. (3) The Municipal
Corporations and the Municipal Coun?cils, Nagar Panchayats, Industrial
Townships and the plan?ning authorities may, and, if so required by the State
Govern?ment, shall create all or any of the following posts, namely :- (a) for Municipal
Corporations of 'A', 'B' and 'C Classes,- (i) ???Chief Fire Officer, (ii) ??Deputy Chief Fire Officer, (iii) ??Divisional Fire Officer, (iv)? ?Assistant Divisional Fire Officer, (v)? ?Station Officer, (vi) ??Assistant Station Officer, (vii) ?Sub-Officer, (viii)
any other Fire Officer and Fire Personnel with such designation as the State
Government may, by order, direct from time to time. (b) for 'D' Class
Municipal Councils, Nagar Panchayats, Industrial Townships and planning
authorities,- (i) Chief Fire
Superintendent or Fire Superinten?dent, (ii) Assistant Chief Fire
Superintendent or Assistant Fire Superintendent, (iii) Station Officer, (iv) Assistant Station
Officer, (v) Sub-Officer, (vi) any other Fire
Officer and Fire Personnel with such designations as the State Government may,
by order, direct from time to time. (4) Without prejudice to
the provisions of sub-section (2) but, subject to the provisions of section 22,
the qualification, pay, allowances and other conditions of service and method
of recruitment of the officers specified in sub-sections (2) and (3) shall be
regulated by orders issued by the State Government in this behalf. (5) Subject to the
provisions of section 22 or any order issued by the Director or the State
Government in this behalf, the power of making appointment to the posts
specified in sub-sections (2) and (3) shall vest in the Municipal Corpora?tion,
Municipal Council, Nagar Panchayats, Industrial Town?ships or planning
authority, as the case may be. (1) If the State
Government considers it necessary or expedient for the purpose of bring?ing
about a more efficient Fire Service of Officers of Municipal Corporations,
Municipal Councils, Nagar Panchayats, Indus?trial Townships and planning
authorities with uniform terms and conditions of service to carry out the
functions and duties by or under this Act, the State Government may, notwith?standing
anything contained in this Act or any other law for the time being in force, by
notification in the Official Gazette,- (a) constitute, in
respect of all or any class or classes of Municipal Corporations, Municipal Councils,
Nagar Panchayats, Industrial Townships or planning authorities as specified in
sub-sections (2) and (3) of section 21, a fire service or services (to be
called such designations as may be specified in the notification) of,- (i) Chief Fire Officers of
such Authorities or any of them, and (ii) all or any of the
other officers, specified in sub?sections (2) and (3) of section 21; (iii) all or any of the
other officers, specified in sub?sections (2) and (3) of section 21; (b) direct from time to
time that each such fire service shall consist of such classes, cadres and
posts (including grades of posts) and the initial strength of officers in each
such classes or cadres shall be such, as may be specified in the notification,
and (c) further direct that
the officers included in any such classes or cadres shall belong to such
service of the State Government as may be specified in the notifica?tion. (2) The State Government
may make rules for regulating the mode of recruitment by holding examinations
or other?wise; including provisions for the absorption of person or persons
already working under any of the Authorities in fire service or services
constituted under this section or otherwise and providing for terminal benefits
as compensation, pension or gratuity or the like, to persons who elect not to
be absorbed or cannot be absorbed, or who elect to retire, and the condi?tions
of service of persons appointed or absorbed, to such fire services and in
respect of persons appointed or absorbed in such services constituted under
this section, the provisions with regard to punishment of officers and servants
applicable to them by virtue of the provisions made by or under any law for the
time being in force and in operation within the area of jurisdiction of such
Authority under which such persons are serving on the date of such appointment
or absorption, shall cease to apply : Provided that, such
cessor shall not, in relation to ab?sorbed officers, affect the previous
operation of such provi?sions in respect of anything done or omitted to be done
before such absorption : Provided further
that, the terms and conditions of service applicable immediately before the
appointed day to any officer shall not be varied to his disadvantage, except
with the previous approval of the State Government. (3) Except as otherwise
provided in any rules made under sub-section (2), all rules, regulations or
orders as amended from time to time and for the time being in force in the
State and applicable to officers in the relevant class of service of the State
Government shall continue to apply to officers ap?pointed to, or absorbed in,
any such service and shall be deemed to be rules, regulations or orders made
under this Act, until other rules, regulations or orders, if any, are made in
this behalf or subject to such modifications, as the State Government may, from
time to time, by notification in the Official Gazette, and in any other
prescribed manner make. (4) Notwithstanding
anything contained in sub-section (5) of section 21, the power of making
appointments of officers to any such fire service under this section including
promotions, transfers and all matters relating to any conditions of service
shall vest in the State Government or the Director when duly authorized by the
State Government for that purpose. (5) The officers included
in any fire service constituted under this section shall be the servants of the
State Govern?ment; but they shall draw their salaries and allowances directly
from the municipal fund or the fund of the planning authority. (6) There shall be paid
every year out of the municipal or planning authority fund to the State
Government such cost as the State Government may determine on account of pen?sion,
leave and allowances, other than those drawn from the municipal fund or the
fund of the planning authority under sub-section (5), of the officers belonging
to any of the fire services constituted under this section and all the expenses
incurred by the State Government for administering the fire service or services
constituted under this section. If any such Municipal or planning authority
fails to pay such cost and expenses (or the salaries and allowances of such
officers) within the period prescribed in this behalf, then the provi?sions of
sub-section (3) of section 20 shall apply to the payment of such cost and
expenses (or the salaries and allowances of such officers) as they apply in
relation to the payment of the expense and remuneration not paid under that
section. The Authority may create
posts of other clerical staff and servants and appoints persons thereto for
carrying out day to day activities and maintenance of records in the office of
the Fire Brigade, in the same manner as they are created and ap?pointed by or
under the provisions of the law for the time being in force and applicable to
such Authority. 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 employee or servant (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) There shall be
constituted a special fund called the "Fire Protection Fund" to which
shall be credited the fees imposed and collected under this Act. (2) The special 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 and are applicable to the
respective authority. (3) The amounts in the
fund shall subject to the provisions of this Act and subject to the general or
special order of the State Government, be applied for the purpose of
maintaining Fire Brigade in general (which shall also include the expenditure
on salaries, allowances and other incidental expenses on the Fire Officers and
Staff) and for providing sophisticated equipments and appliances, in
particular, for the purpose of preventing and extinguishing fire on any land or
in any building within or without the limits of the Authority and to no purpose
other than the purposes mentioned in this Act. (1) Where the Director or
the Chief Fire Officer or any other Fire Officer of any Authority, who is
incharge of a fire fighting operation requires fire fighting equipment or
property of any other Authority or any institution or individual, he may by
order requisition 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 fire fighting operations are over, such officer shall release the
equipment or property, taken possession of under sub-section (1) from
requisition and restore the same to the Authority, institution or indi?vidual
from whose possession such property was taken. (3) Where any fire
fighting equipment or property is requi?sitioned 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 here?inafter 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 fire fighting 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 Magistrate having jurisdiction over the
area in which the fire fighting equipment or prop?erty was kept and the
Magistrate shall, after hearing the parties and such other person as he deems
neces?sary, fix the amount of compensation taking into con?sideration the rent
which the fire fighting equipment or property would normally fetch if rented
out of a similar purpose. The orders of the Magistrate fixing the amount of
compensation shall be final. (1) On the occasion of
fire in any area, the Director or the Chief Fire Officer or any other Fire
Officer who is incharge of fire fighting 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 is burning; (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 granted
reason?able compensation to the extent of the damage so caused in such manner
as may be prescribed; (d) require the authority
incharge 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 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; (e) exercise, in the
absence of aid from the police, the same powers for dispersing an assembly of
persons likely to be obstruct the fire-fighting operations as if he were an
officer-in-charge of a police station and as if such an assembly were an
unlawful assembly and be entitled to the same immunities and protection as such
officer, in respect of the exercise of such powers; (f) generally take such
measures as may appear necessary for extinguishing the fire or for the
protection of life or property. (2) Any damage done to
any premises or property, on the occasion of fire, by members of the service in
the due dis?charge 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. Notwith?standing
anything contained in section 26, the Director or the Chief Fire Officer of any
Authority or any other Fire Officer authorize by the Authority, may enter into
agreements with any persons who employs and maintains personnel or equip?ment
or both for fire-fighting purposes, to secure, on such terms as may be
prescribed, the provisions by that persons of assistance for the purpose of
dealing with fires occurring in any area in which this Act is in force. The State Government
may estab?lish and maintain one or more training centres in the State for
providing courses of instruction in the prevention and extinguishment of fire
and may close down or re-establish any such centre. 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) Any person aggrieved
by ? (a) the notice issued
under section 6, or (b) the refusal of the
Director or Chief Fire Officer to pass an order under sub-section (4) of
section 8, or (c) the notice of
assessment under sub-section (2) or (4) of section 14, may, prefer an appeal to
such an officer as the State Government may by notification in the Official
Gazette, designate in this behalf, being an officer not below the rank of
Director, and may, by the same notification or by a like notification designate
one or more such officers and assign to them the areas or part of the areas of
the local authorities or planning authori?ties over which each of such officers
shall exercise his jurisdiction. (2) Such appeal shall be
made in such manner and accom?panied by such fee, as may be prescribed. (3) ?(a) The officer so designated may, after
giving a reason?able opportunity to the appellant and the Authority, of being
heard, by an order confirm, reduce, enhance or annul the assessment of fee. (b)
?Where the assessment is annulled or set
aside in an appeal, such officer deciding the appeal may direct the Au?thority
to make a fresh assessment after such further enquiry as may be directed. (4) Every order passed in
appeal under this section shall be final and conclusive. No appeal under
section 32 shall be entertained unless,- (a) the appeal ? (i) under clause (a) or
(b) of sub-section (1) of section 32 is brought within fifteen days from the
date of service of notice or the date on which the refusal is communicated to
the applicant; (ii) under clause (c) of
sub-section (1) of section 32 is brought within forty-five days after the
receipt of notice of the assessment : Provided that, the
Officer so designated may admit an appeal preferred after the expiration of the
fifteen days or, as the case may be, forty-five days as aforesaid if, such
officer is satisfied that the appellant had sufficient cause for not preferring
the appeal within the said period, (b) the full amount
claimed in the notice of assessment from the appellant together with the amount
of inter?est, if any, due thereon till the date of preferring an appeal, has
been deposited by him in the office of the Authority. If as a result of an
order passed in appeal under section 32, the assessment is enhanced and any
amount of difference is required to be recovered from the appellant or any amount
from out of the amount paid under clause (b) of section 33 is required to be
refunded to the appellant, an interest at the rate of eighteen per cent. per
annum shall be payable,- (a) in the case of amount
to be so recovered, from the date of receipt of notice of original assessment
till the date of recovery thereof; (b) in the case of amount
to be so refunded, from the date on which the amount was paid under clause (b)
of section 33 till the date of refund thereof. No court shall enter?tain
any suit, application or other proceeding in respect of any notice under
section 6 or any action taken under section 8 or order of refusal to permit
removal of seal passed under sub?section (4) of section 8 of this Act or notice
of assessment under sub-section (2) or (4) of section 14; and no such notice or
action or order shall be called in question otherwise than by preferring an
appeal as provided by this Act. (1) Whoever contravenes
any provision of any of the following sections, namely :- ? (a) under section 3,- (i) sub-section (1),
failure of the owner or, as the case may be, the occupier to provide and
maintain the fire prevention and life safety equipment in good repair and efficient
condition; (ii) sub-section (4),
tampering with, altering, removing or causing any injury or damage to any fire
preven?tion and life safety equipment installed in a building or instigating
any other person to do so; (b) under section 4,
sub-section (2), failure to remove objects or goods likely to cause the risk of
fire; (c) under section 5,
sub-section (3), obstructing the entry by a person or molesting such person
after such entry for inspection; (d) under section 6,
failure to comply with the notice, directing the owner or occupier to undertake
measures regarding fire prevention and life safety; (e) under section 8,- (i) sub-section (2),
failure to comply with the direction issued by the Director or the Chief Fire
Officer, as the case may be, (ii) sub section (4), removing
the seal of the building without written order made by the Director or the
Chief Fire Officer; (f) under section 10,
sub-section (1),- (i) carrying out the work
of providing fire prevention and life safety measures, or performing such other
related activities by a person other than the Li?censed Agency; (ii) giving a certificate
under sub-section (3) of section 3 without there being actual compliance or
mainte?nance of fire prevention and life safety measures and equipment; ? (g) under section 14, sub-sections
(1) and (2), construction of a building without applying for permission of the
Authority or without such permission and thereby avoiding to apply for
assessment of fee payable under this Act; shall without
prejudice to any other action taken or which may be taken under any of the
provisions of this Act, be punished with rigorous imprisonment for a term which
shall not be less than six months but which may extend to three years and with
fine which shall not be less than rupees 20,000 but which may extend to rupees
50,000; 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 : Provided that, in the
absence of any special and adequate reasons to the contrary to be mentioned in
the judgment of the court, such punishment shall not be less than three months
and such fine shall not be less than ten thousand rupees or such daily fine
shall not be less than one thousand rupees per day for a continuing offence. Explanation.-The
expressions used in clauses (a) to (g) are not intended as the definitions of
offences described in the sections mentioned in each of these clauses or even
as abstracts of those sections but are mentioned merely as references to the
subject matter of the offences under those sections. (2) Whoever ? (a) willingly attempts,
in any manner whatsoever, to evade any fee leviable under this Act, or (b) willingly attempts,
in any manner whatsoever, any payment of any fee or interest or both under this
Act, or (c) contravenes any of
the provisions of this Act or the rules for which no specific penalty has been
provided by this Act, or (d) fails to comply with
the requirements of any order or any notice or any directions issued under any
of the provisions of this Act or the rules by the Director or any Authority 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 or interest or both involved exceeds rupees 50,000 during the
period of a year, with rigorous imprisonment for a term which shall not be less
than six months but which may extend to three years and with fine; (ii) in case where such
amount is less than rupees 50,000 during a year, with rigorous imprisonment for
a term which shall not be less than three months but which may extend to one
year and with fine; (iii) in case of
contravention of any provision of this Act or the rules made thereunder or
failure to comply with the requirements of any order or notice as aforesaid,
with rigorous imprisonment for a term which shall not be less than six months
but which may extend to three years and with fine : Provided that, in the absence of any
special and adequate reasons to the contrary to be mentioned in the judgment of
the court, punishment under any of these paragraphs shall not be less than one
month and such fine shall not be less than two thousand rupees. (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 conse?quence of the instigation, or in pursuance of the
conspiracy, or with the aid which constitutes the abetment. Offences under
sub-section (4) of section 3 and of removal of seal without an order under
sub-section (4) of section 8 shall be cognizable and non-bailable. (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 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 under this Act has
been committed by a company and it is proved that the offence has been
committed with the consent or connivance or, or is attributable to any neglect
on the part of any director, manager, secretary or other officer of the
company, such director, manager, secre?tary 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.
Preamble - THE MAHARASHTRA FIRE PREVENTION AND LIFE SAFETY MEASURES ACT,
2006PREAMBLE