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REGISTERED NO. DL-(N)04/0007/2003-26
The Gazette of India
CG-DL-E-02062026-273069
EXTRAORDINARY
PART II—Section 1
PUBLISHED BY AUTHORITY
No. 20]
NEW DELHI, TUESDAY, JUNE 2, 2026/JYAISHTHA 12, 1948 (Saka)
Separate paging is given to this Part in order that it may be filed as a separate compilation.
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 2nd June, 2026/Jyaishtha 12, 1948 (Saka)
THE DADRA AND NAGAR HAVELI AND DAMAN AND DIU FIRE
AND EMERGENCY SERVICE REGULATION, 2026
No. 6 OF 2026
Promulgated by the President in the Seventy-seventh Year of the Republic
of India.
A Regulation to provide for the maintenance of a Fire and Emergency Service and to
make more effective provisions for fire prevention and fire safety measures in
various categories of buildings and premises in the Union territory of the Dadra
and Nagar Haveli and Daman and Diu and the matters connected therewith or
incidental thereto.
In exercise of the powers conferred by article 240 of the Constitution, the
President is pleased to promulgate the following Regulation made by her:—
CHAPTER I
PRELIMINARY
1. (1) This Regulation may be called the Dadra and Nagar Haveli and Daman
and Diu Fire and Emergency Service Regulation, 2026.
Short title,
extent and
commencement.
(2) It extends to the Union territory of Dadra and Nagar Haveli and Daman
and Diu.
(3) It shall come into force on such date as the Administrator may, by
notification in the Official Gazette, appoint.
Definitions.
2. In this Regulation, unless the context otherwise requires,—
(a) "Administrator” means the administrator of the Union territory of the
Dadra and Nagar Haveli and Daman and Diu appointed by the President under
article 239 of the Constitution;
(b) "Appellate Authority" means an officer of the rank of Assistant
Director or Assistant Divisional Fire Officer appointed by the Government, by
notification;
(c) "building" shall have the same meaning as assigned to it in any law
for the time being in force in the area in which this Regulation is in force and
includes places or premises comprising of land or building, or part of a land
or building, whether authorised or otherwise, outhouses, if any, pertaining to
such building or part thereof and installations of petrol, diesel, gas lines or
pumps;
(d) "building bye-laws" means the bye-laws or rules or regulations made
under any municipal law or any other law for the time being in force in the
area in which this Regulation is in force and includes the development and
control rules or regulations, by whatever name called;
(e) "bye-laws" means the fire safety regulations or norms or guidelines
made by the Government under this Regulation;
(f) "Director" means the Director of the Fire and Emergency Service
appointed under sub-section (1) of section 7;
(g) "disaster" means the disaster as defined in clause (d) of section 2 of
the Disaster Management Act, 2005;
53 of 2005.
(h) "emergency” means any serious situation or occurrence, including
disaster, occurring unexpectedly that demands immediate action or response
of the Fire and Emergency Service;
(i) "employee" means a person appointed to the Fire and Emergency
Service;
(j) "erector" means a person or association of persons, whether
incorporated or otherwise, who erects or makes a pandal or any structure for
occupation of people on a regular or temporary basis;
(k) "Fire and Emergency Service" means the Dadra and Nagar Haveli
and Daman and Diu Fire and Emergency Service established under section 3;
(1) "Fire Officer or Station Fire Officer or Station Officer" means an
officer appointed as such under sub-section (1) of section 10;
(m) "fire prevention and life safety measures” means such measures as
may be necessary for the containment, control and extinguishing of fire and
for ensuring the safety of life and property, including such other measures as
may be prescribed;
(n) "firefighting property" means the land and building used as fire
stations, firefighting appliances, equipment, tools, implements and other
articles whatsoever used for firefighting and other means of transport used in
connection with the firefighting, uniforms and badges of rank;
(o) "Fire Safety Officer” means the officer appointed as Fire Safety
Officer under sub-section (1) of section 15;
(p) "fire station” means a fire station established under sub-section (1)
of section 9;
(q) "fund" means the Fire Prevention and Life Safety Fund constituted
under section 39;
(r) "Government” means the Union territory Administration of Dadra
and Nagar Haveli and Daman and Diu;
(s) "local authority” means a municipal council, district panchayat or
gram panchayat constituted under any law for the time being in force;
(t) "nominated authority” means any officer of the rank of a Station Fire
Officer or Station Officer of Fire and Emergency Service nominated by the
Government for the purposes of this Regulation;
(u) "notification” means a notification published in the Official Gazette
and the expression “notify" or "notified" shall be construed accordingly;
(v) "occupancy" means the principal occupancy for which a building or
part thereof is used or intended to be used including subsidiary occupancies
which are contingent upon it;
(w) "occupier" means,—
(i) an owner in occupation of, or otherwise using his land or
building;
(ii) 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;
(iii) a licensee in occupation of any land or building;
(iv) any person who is liable to pay damages to the owner for the
use and occupation of any land or building; and
(v) a rent-free tenant of any land or building;
(x) "Official Gazette" means the Gazette of the Union territory of Dadra
and Nagar Haveli and Daman and Diu;
(y) "owner" means a person who, for the time being, is entitled to receive
the rent of any land or building, whether on his own account or on account of
himself and others or as an agent, trustee, guardian or receiver or any other
person, who may receive the rent or be entitled to receive it, if the land or
building or part thereof is let out to a tenant;
(z) "pandal" means a temporary structure with roof or walls made of
straw, hay, ulu grass, golpatta, hogla, darma, mat, canvas, cloth or such other
like material which is not used for permanent or continuous occupancy;
(za) "prescribed" means prescribed by rules made by the Government
under this Regulation;
(zb) "qualified agency" means a person or an association of persons
having technical specialisation in the field of Fire or Civil or Mechanical
Engineering or Technology, Industrial Safety, Disaster Management or
Chemical Science from a recognised university or institute having domain
knowledge and accomplishments in the field of fire services or emergency
services;
(zc) "Second Appellate Authority" means the Director of the Fire and
Emergency Service;
(zd) "specified" means specified by an order under this Regulation and
the expression “specify” shall be construed accordingly;
(ze) "Standing Fire Advisory Council" means the advisory body
constituted by the Ministry of Home Affairs, by notification, to examine the
technical problems relating to a Fire and Emergency Service and to make
recommendations to the Government of India in the matter including the
standardisation of firefighting equipment through the Indian Standard
Institutions; and
(zf) "Union territory" means the Union territory of Dadra and Nagar
Haveli and Daman and Diu.
CHAPTER II
ESTABLISHMENT AND MAINTENANCE OF FIRE AND EMERGENCY SERVICE
3. (1) With effect from such date as the Government may, by notification,
appoint, there shall be established a Fire and Emergency Service for the Union
territory.
Establishment
and declaration
of Fire and
Emergency
Service.
(2) The Government may, by notification, declare any Fire Brigade of the
Union territory, by whatever name called, as part of the Fire and Emergency
Service:
Provided that the private fire and emergency service maintained for providing
fire protection coverage to a specific building or industry by the owner thereof shall
not form part of the Fire and Emergency Service.
(3) In order to assist in any disaster, all fire services shall be considered as
emergency services.
(4) In case the emergency service is not related to fire only, the authority
in-charge of the Fire and Emergency Service shall take action.
4. The superintendence of, and control over, the Fire and Emergency Service
throughout the Union territory shall vest in the Government and the Fire and
Emergency Service shall be administered by the Government in accordance with
the provisions of this Regulation and the rules made thereunder.
Superintendence
of Fire and
Emergency
Service to vest
in Government.
5. (1) The Fire and Emergency Service shall consist of the following members,
namely:-
Composition of
Fire and
Emergency
Service.
(a) Director, ex officio;
(b) Assistant Director or Assistant Divisional Fire Officer;
(c) Station Fire Officer or Station Officer (Fire Service);
(d) Assistant Station Fire Officer or Sub-Officer;
(e) Leading Fireman;
(f) Driver-cum-pump operator or Driver operator;
(g) Fireman; and
(h) Storekeeper.
(2) The existing workshop, Control Room and other field formations of the
Fire and Emergency Service shall function in such manner as may be prescribed.
6. (1) The number of employees, the method of their recruitment,
qualifications, level of post, pay, allowances and other conditions of their service
and the matters connected therewith shall be such as may be prescribed.
Terms and
conditions of
employees of
Fire and
Emergency
Service.
(2) The uniform and badges of employees shall be such as may be prescribed
and shall be in conformity with the recommendations of the Standing Fire Advisory
Council.
(3) The employees of the Fire and Emergency Service shall be governed by
the Central Civil Services Rules as are applicable to the other employees of the
Government in relation to the terms and conditions of their service and all other
allied matters.
(4) Save as otherwise provided by or under this Regulation, every person
holding office either as a Fire Officer or staff or an employee of the existing Fire
Service on the date immediately before the commencement of this Regulation, 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
Regulation.
(5) All officers and employees of the Fire and Emergency Service shall be
liable for posting to any branch of the Fire and Emergency Service at any location
within the Union territory.
7. (1) The Government may, by notification, appoint a Director of the Fire and
Emergency Service with such qualifications and experience as may be prescribed,
who shall exercise such powers and perform such duties and other functions as are
specified by this Regulation or as may be prescribed.
Appointment of
Director of Fire
and Emergency
Service.
(2) The Government may, by notification, appoint such other officers and
employees, as may be necessary, to assist the Director.
(3) The jurisdiction of the Director so appointed shall extend to the whole of
the Union territory in matters relating to Fire and Emergency Service.
8. (1) The Director shall, subject to the superintendence and control of the
Government, direct and regulate matters relating to fire safety and prevention,
firefighting equipment, machinery and appliances, training, events of mutual
relations, distribution of duties, study of laws, orders and modes of proceedings,
matters of executive details and the fulfilment of duties and maintenance of
discipline of fire officers and employees of the Fire and Emergency Service, in
accordance with the provisions of this Regulation and the rules made thereunder,
any other applicable rules and instructions applicable to the officers and employees
of the Union territory.
Powers, duties
and functions of
Director.
(2) The Director shall be the head of the office and shall—
(a) correspond with the Government for the development of Fire and
Emergency Service;
(b) formulate the policies in relation to the development of Fire and
Emergency Service in the Union territory and, on approval by the
Government, take steps to implement the same;
(c) prepare and submit plans and proposals to the Government relating
to the periodical review of fire equipment, firefighting property and fire
manpower for effective implementation of the Fire and Emergency Service;
(d) take or cause to be taken such effective steps and measures in cases
of major fire, house collapse and other emergency services as deemed
necessary;
(e) investigate or direct investigation of the cause of the outbreak of fire
and advise the concerned authorities in respect of implementation of fire
precautionary measures;
(f) depute such number of officers and employees as may be necessary
to assist any Fire Officer of the Fire and Emergency Service;
(g) enter into an agreement, after prior approval of the Government, with
any person or agency that employs and maintains personnel or equipment or
both for firefighting purposes, for the purposes of dealing with fires occurring
in any area;
(h) implement the effective human resource development policies as per
the job requirements specified at each level of fire service personnel and for
that purpose, he may establish advance training centres;
(i) represent the Government at the national and international forums
with a view to update the standard of the Fire and Emergency Service in the
Union territory; and
(j) exercise such other powers and perform such other duties and
functions as are conferred or imposed on him by or under this Regulation or
as may be prescribed.
(3) The Assistant Director and such other officers, as may be appointed by the
Government, shall exercise such powers and perform such duties as are conferred
and imposed upon them, by this Regulation or the rules made thereunder, subject to
the control, directions and superintendence of the Director.
CHAPTER III
ESTABLISHMENT OF FIRE STATIONS
9. (1) The Government may, for the purposes of securing fire prevention and
life safety measures, by notification, establish as many fire stations and other field
formations as it deems fit in conformity with the recommendations of the Standing
Fire Advisory Council and Urban and Regional Development Plans Formulation
and Implementation Guidelines.
Establishment of
fire stations.
(2) Every notification issued under sub-section (1) shall define the limits and
extent of the fire stations and other field formations as may be necessary for
administrative and operational efficiency.
10. (1) The Government may, by notification, appoint a Fire Officer for each
fire station, who shall be the officer-in-charge of the fire station and shall hold
charge of the fire station as per the strength of the Fire and Emergency Service as
may be prescribed by the Government.
Appointment of
Fire Officer.
(2) The method of recruitment, qualifications and other terms and conditions
of service of the Fire Officer shall be such as may be prescribed.
11. (1) Subject to the control, direction and superintendence of the Director,
the Fire Officer shall exercise such powers and perform such functions as may be
conferred upon him under this Regulation and the rules made thereunder.
Powers and
functions of Fire
Officer.
(2) Without prejudice to the provisions of sub-section (1), the Fire Officer
shall be in-charge of operations of the Fire and Emergency Services within his area
and shall be responsible for maintenance of communication system, water resources
including hydrants within his station area, and in the case of fire prevention, disaster
and emergency, the Fire Officer or an employee senior most in rank, in their
respective jurisdiction, shall, act as commanding officer for that purpose and other
Fire and Emergency Service employees shall work under him and abide by his
direction.
12. (1) Every employee, appointed to the Fire and Emergency Service, shall
receive a certificate under the seal and signature of the Director and thereupon such
person shall have the powers, functions and privileges of an employee of the Fire
and Emergency Service under this Regulation.
Issue of
certificate to
employees.
(2) The certificate referred to in sub-section (1) shall cease to have effect when
the employee named therein ceases for any reason to be an employee and on his
ceasing to be such employee, he shall forthwith surrender the certificate to any
officer empowered to receive the same.
(3) The certificate referred to in sub-section (1) shall become invalid when the
person named therein ceases to belong to the Fire and Emergency Service or shall
remain inoperative during the period such person is suspended from the Fire and
Emergency Service.
13. (1) Where, it appears to the Government that it is necessary to augment
the Fire and Emergency Service, it may raise an auxiliary service by enrolment of
volunteers for such area and on such terms and conditions, as may be prescribed.
Auxiliary Fire
and Emergency
Service.
(2) Every such volunteer shall receive a certificate, in such form as may be
prescribed, as member of the Fire and Emergency Service, and shall—
(i) have the same powers and protection;
(ii) be liable to all such duties and penalties; and
(iii) be subordinate to the same authorities.
14. The powers, functions and privileges vested in a Fire Officer shall remain
suspended while such Fire Officer is placed under suspension:
Effect of
suspension of
Fire Officer.
Provided that the Fire Officer shall continue to be under the control of same
authorities during the period of his suspension as he would have been, if he had not
been, placed under suspension.
CHAPTER IV
FIRE SAFETY OFFICER
15. (1) To ensure effective implementation of fire prevention and life safety
measures for the factory, buildings or premises as may be specified by an order by
the Government in this behalf, every owner and occupier or occupiers individually
or jointly, as the case may be, shall—
Appointment,
power and
functions of Fire
Safety Officer.
(a) appoint a Fire Safety Officer, within such period, having such
qualifications and experience, as may be prescribed; and
(b) send the compliance report to the nominated authority.
(2) The nominated authority shall issue an enrolment certificate to the Fire
Safety Officer under his signature and seal, in such form as may be prescribed.
(3) In case of any vacancy of the Fire Safety Officer appointed under
sub-section (1), either on resignation or otherwise, the owner and occupier or
occupiers, as the case may be, shall immediately appoint another person as the Fire
Safety Officer.
(4) If the Fire Safety Officer referred to in sub-section (3) is not appointed
within the prescribed period, the nominated authority, may take such steps as it
deems necessary, including report to the Labour Commissioner for the closure of
the factory and in other cases to the concerned authority, as the case may be, for
necessary action under the relevant law.
(5) The Fire Safety Officer shall undergo such training at the Fire and
Emergency Service Training Institute as may be specified by the Government in this
behalf:
Provided that a person who has already undergone such training at the
National Fire Service College, Nagpur or at any other equivalent institution
recognised by the Government for that purpose, shall not be required to undergo
such training.
CHAPTER V
FIRE AND EMERGENCY RESPONSE
16. The Fire Officer shall ensure the timely turnout of fire units to respond to
fire and emergency related calls in accordance with such Standard Operating
Procedure as may be specified by the Government.
Response to
calls.
17. The Director or Fire Officer shall ensure deployment of Fire and
Emergency Service resources, equipment and fire personnel at stand-by duties
during any fire response or any other emergency in such manner as may be
prescribed.
Deployment of
personnel and
equipment.
18. The Director or Fire Officer shall ensure the planning, organising and
deployment of the staff maintaining details of such planning and deployment of the
employees and shall ensure the regular monitoring of the fire or emergency site.
Operation
management.
19. In the event of a fire or rescue operation in any area in which this
Regulation is in force, any member of the Fire and Emergency Service, who is
in-charge of the firefighting operations on the spot, may—
Powers of
employees of
Fire and
Emergency
Service during
fire or rescue
operations.
(a) remove or order any member of the Fire and Emergency Service to
remove any person who by his presence interferes with or impedes the
operation for extinguishing the fire or for saving life or property;
(b) close any street or passage in or near which a fire is being
extinguished or rescue work is in progress;
(c) for the purposes of extinguishing fire and carrying out rescue
operations, break into or pull down any premises for the passage of hoses or
appliances or cause them to be broken into or pulled down causing minimum
damage as possible for the purpose of extinguishing fire:
Provided that the owner or occupier, as the case may be, of any such
premises shall be paid such reasonable compensation to the extent of the
damage caused, in such manner as may be prescribed;
(d) require any 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 utilise the water of any stream, cistern, well or
tank or of any available source of water, public or private, for the purpose of
extinguishing or limiting the spread of such fire and carrying out rescue
operations in such manner as may be prescribed;
(e) exercise the same powers for dispersing an assembly of persons
likely to obstruct the firefighting operations, as if he were an officer in-charge
of a police station and as if such an assembly were unlawful assembly and
shall be entitled to the same immunities and protection as such officer, in
respect of exercise of such powers;
(f) detain a person who wilfully obstructs and hinders Fire and
Emergency Service personnel in firefighting and rescue operations and shall
hand him over to a police officer or at the nearest police station without any
delay along with a brief note giving date, time and reasons of such detention;
(g) enter into an agreement with any person who employs and maintains
personnel or equipment or both for firefighting purposes, on such terms, as
may be prescribed for the purposes of dealing with fire occurring in any
area; and
(h) take such measures as may appear to him to be necessary for
extinguishing the fire or for the protection of life and property, or with both.
20. The Director or Fire Officer may draw water from any source in the area
which he considers necessary during firefighting 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.
Power to arrange
for water supply
during
emergency.
21. (1) The Director or Fire Officer shall take all reasonable measures for
securing adequate supply of water for use in the event of fire.
Duty of Director
or Fire Officer to
arrange water
supply.
(2) The Director or Fire Officer shall ensure that the water demand for
firefighting in the area is in accordance with Central Public Health and
Environmental Engineering Organisation Manual.
(3) The Local Authority and the Dadra and Nagar Haveli and Daman and Diu
Public Works Department shall provide all assistance for meeting the water demand
for firefighting required under sub-sections (1) and (2).
22. The Director or Fire Officer may enter into an agreement with any agency
for meeting demand of water supply in emergency situation on such terms and
conditions, as may be prescribed.
Power to enter
into agreement
for water supply.
23. No authority in charge of water supply in any area shall be entitled to any
claim for compensation for damage by reason of any interruption of supply of water
caused in compliance with the provisions of clause (d) of section 19.
Authority not to
claim
compensation
for damage.
24. No charge shall be made by any local authority for water consumed in
firefighting operations by the Fire and Emergency Service.
Local authority
not to charge for
water
consumption.
CHAPTER VI
PREVENTIVE MEASURES
25. (1) The Government may, by notification, require the owner or occupier
of any building or premises in any area or of any class of buildings or premises that
are likely to be at risk of fire or likely to cause a risk of fire, to take such precautions,
as may be specified in such notification.
Preventive
measures.
(2) The Director or Fire Officer shall ensure that provisions for Fire Service
Management, prevention and preparedness including preparation of Fire Hazard
Response Mitigation plans are in accordance with the guidelines issued by the
National Disaster Management Authority.
26. (1) Notwithstanding anything contained in this Regulation, the erector of a
pandal shall take all fire prevention and life safety measures referred to in this section.
Erector of a
pandal to take
fire prevention
and life safety
measures.
(2) The erector shall display at a prominent place in the pandal, a declaration
under his signature to the effect that he has taken all fire prevention and life safety
measures, in such manner as may be prescribed.
(3) The nominated authority may enter and inspect the pandal to verify the
correctness of the declaration so made under sub-section (2) and in case of any
default, it may direct the erector to rectify the same within the specified time and in
case of non-compliance of directions within the specified time, shall remove the
pandal in such manner as may be prescribed.
27. If any erector falsely declares that he has complied with the prescribed fire
prevention and life safety measures in the pandal under sub-section (2) of section 26,
he shall be deemed to have committed an offence punishable under section 49.
False declaration
to be punishable
offence.
28. (1) Where a notification has been issued under sub-section (1) of
section 25, it shall be lawful for the nominated authority to issue directions to the
owner or occupier or erector, as the case may be, for removal of the objects, goods
or encroachment, if any, that are likely to cause fire or any obstruction to firefighting
to a place of safety, by means of a notice served in such manner as he may think fit.
Removal of
encroachment or
objects or goods
likely to cause a
risk of fire or
any obstruction
to firefighting.
(2) If the owner, occupier or erector, as the case may be, fails to comply with
the precautions under sub-section (1) of section 25 or directions under
sub-section (3) of section 26, the nominated authority may, report the matter to the
Sub-divisional Magistrate, in whose territorial jurisdiction the premises or building
or pandal is situated, for adjudication.
Liability of
owner or
occupier of a
building to
provide fire
prevention and
life safety
measures.
(3) Where the nominated authority considers objects or goods or
encroachment referred to in sub-section (1) to be an imminent cause of risk of fire
or obstruction to firefighting, he may seize or remove the objects or goods or
encroachment forthwith and report the matter to the Sub-divisional Magistrate.
(4) On receipt of a report under sub-section (2) or (3), the Sub-divisional
Magistrate shall issue a notice to the owner or occupier or erector, as the case may
be, in such manner as he may think fit, giving such owner or occupier or erector, an
opportunity for making representation against the removal of encroachment or
objects or goods likely to cause a risk of fire or obstruction to firefighting.
(5) After giving the owner, occupier or erector, as the case may be, a
reasonable opportunity of making representation under sub-section (4), the
Sub-divisional Magistrate after considering the representation, may withdraw the
notice or pass an order directing any person to seize, detain or remove such objects
or goods or encroachment within such time from the date of order.
(6) The person charged with the directions under sub-section (5) shall, make
an inventory of the objects and goods that are seized under such order and give
notice in such form as may be prescribed, to the person in possession thereof at the
time of seizure, that the said objects or goods shall be sold if the same are not
claimed within the period stipulated in the said notice and inform the Sub-divisional
Magistrate about the seizure.
(7) If the person from whom the objects and goods were seized under
sub-section (5) fails to claim the seized objects and goods pursuant to notice given
under sub-section (6), the Sub-divisional Magistrate may sell such objects and goods
by public auction.
29. (1) Without prejudice to the provisions of the bye-laws and any other law
for the time being in force in the Union territory, the owner or occupier, who are
either individually or jointly responsible for a building or part thereof, shall provide
fire prevention and life safety measures as may be prescribed:
Provided that the owner or occupier, as the case may be, shall—
(a) provide firefighting and life safety installations or measures as
provided in such bye-law;
(b) maintain the fire prevention and life safety measures in operational
condition at all times, in the same manner and specifications as specified in
such bye-law.
(2) Any person proposing to construct a building as mentioned in clauses (a)
and (b) or pursuant to the rules made in this behalf, shall apply for approval of the
fire and life safety measures along with the building plan to the nominated authority
in this behalf, in such form along with such fee, as may be prescribed, in case of,—
(a) multi-storied buildings having more than fifteen metre height;
(b) special buildings including,—
(i) hotels or resorts or eating houses, apartments exceeding five
hundred square metres of floor area on addition of the area of all floors,
educational institutions, buildings for assembly, business or mercantile
buildings, industries or factories, buildings for storage, godowns or
buildings used for storage of hazardous materials;
(ii) mixed occupancies, where any of the above buildings have a
floor area of more than five hundred square metres on addition of area
of all floors.
(3) Notwithstanding anything contained in any other law for the time being in
force in the Union territory, no authority shall grant or issue electricity or water
connections or an occupancy certificate, in respect of any building or premises,
unless the owner or occupier thereof has obtained a Fire Safety Certificate in
accordance with the provisions of this Regulation:
Provided that the owner or occupier of the building referred to in
sub-section (2) shall, prior to the grant of building plan approval, obtain a
Provisional Fire Safety Certificate, in such form and manner as may be prescribed,
and shall, prior to the grant of a completion certificate, obtain a Fire Safety
Certificate from the nominated authority.
(4) Without prejudice to the existing building bye-laws, the owner or occupier
of the buildings specified in sub-section (2) and the notification issued under
sub-section (1) of section 25 shall obtain a Fire Safety Certificate from the Fire and
Emergency Service which shall be valid for five years, unless cancelled earlier by
the nominated authority, from the date of issue of such certificate:
Provided that after the expiry of a period of thirty months from the date
of issue of the Fire Safety Certificate, the owner or occupier, as the case may be,
shall submit to the nominated authority a self-declaration or certification, in such
form and manner as may be prescribed, relating to the operational fitness and
adequacy of the fire safety equipment and firefighting system installed in
the premises.
(5) While applying for the Fire Safety Certificate, the owner or occupier, as
the case may be, shall furnish to the nominated authority, a certificate certifying the
compliance of the fire prevention and life safety measures in his building or part
thereof, issued by a qualified agency, in such form as may be prescribed.
(6) The owner or occupier, as the case may be, after receipt of the Fire Safety
Certificate shall furnish a declaration, in such form as may be prescribed, once a
year in the month of July, regarding the efficient maintenance of fire prevention and
life safety measures as mentioned in sub-section (1).
(7) No person other than the qualified 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.
(8) For the purposes of this section, the manner of selecting the qualified
agency, and the functions of such qualified agency, shall be such, as may be
prescribed.
30. (1) The nominated authority shall, upon receipt of an application,
scrutinise the compliances required under section 29 and other provisions of this
Regulation, the documents and particulars submitted by the owner or occupier, and
after following such procedure, as may be prescribed and after making such
verification as may be necessary, issue a Fire Safety Certificate within a period of
thirty days from the date of receipt of the application.
Issue of Fire
Safety
Certificate and
its renewal.
(2) If the owner or occupier, as the case may be, fails to comply with the
directions issued by the Fire Officer, the Fire Safety Certificate, issued under
sub-section (1), shall be cancelled after giving the owner or occupier a reasonable
opportunity of being heard.
(3) The owner or occupier of the building, whose Fire Safety Certificate
has been cancelled under sub-section (2), shall not be entitled to occupy the
building.
(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.
Power of
inspection by
nominated
authority.
31. (1) The nominated authority 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 to ascertain the
adequacy of fire prevention and life safety measures or the contravention thereof:
Provided that the nominated authority may enter and inspect any place or
building, at any time, if an industry is operating or an entertainment programme is
going on in such place or building, if it appears to him to be necessary and expedient
so to do, in order to ensure safety of life and property.
(2) The owner or occupier, as the case may be, of such place or building or
part thereof shall provide all possible assistance to the nominated authority 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 under this section, into or upon such
place or building.
(4) When any such place or building or part thereof referred to in
sub-section (1) is being used as a human dwelling and is entered, due regard shall
be paid to the social and religious sentiments of the occupier, and where any flat,
apartment, place or building or part thereof is in the actual occupancy of a woman,
who, according to the custom does not appear in public, prior notice intimating her
that she is at liberty to withdraw from such place or building, and every reasonable
facility for such withdrawal shall be given to her.
(5) Where the inspection is carried out by the nominated authority under
sub-section (1), it shall give a report of such inspection to the Director.
(6) The nominated authority shall, after completion of the inspection under
this section, record its views on the deviations from or the contraventions of the
requirements with regard to 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 issue a notice to the owner or occupier of
such place or building directing him to undertake such measures within such period
as may be specified in the notice.
32. Any person who possesses any information regarding an outbreak of fire
shall communicate the same without delay to the nearest fire station.
Communication
of information
on outbreak of
fire.
CHAPTER VII
FIRE AND EMERGENCY SERVICE TRAINING INSTITUTE
33. The Government may, —
Establishment of
Fire and
Emergency
Training
Institute.
(a) establish and maintain one or more training institutes in the Union
territory for providing courses of instruction in the prevention and
extinguishment of fire for the fire and emergency service personnel, private
candidates and other Government or non-Government establishments and may
close down or re-establish any such training centre in accordance with
recommendations of the Standing Fire Advisory Council;
(b) extend the training facilities referred to in clause (a) and provide
training in specialised courses to private candidates or organisations as well as
the Fire and Emergency Service of other States on payment of such charges,
as may be prescribed;
(c) provide a course of instruction on prevention and extinguishment of
fire in accordance with such procedure and on payment of such fee as may
be prescribed;
(d) subject to the observance of any rules applicable to other employees
of the Government in relation to training, the employees of the Fire and
Emergency Service may be given training in the field of scientific and modern
techniques of fire protection and fire safety measures, and allied matters in
any institute, within or outside India, at the cost and expense of the
Government.
34. The Director or Fire Officer shall conduct community awareness and
training programmes on preventive measures relating to fire and other emergencies
and the Fire and Emergency Service shall render assistance and consultation to the
communities in such matters relating to fire prevention in such manner as may be
prescribed.
Community
preparedness.
CHAPTER VIII
LEVY OF FIRE TAX AND OTHER CHARGES
35. (1) There shall be levied a fire tax on lands and buildings on
which property tax, by whatever name called, is levied by any local authority in
that area.
Levy of fire tax.
(2) The fire tax shall be levied over and above the property tax at such rates as
may be prescribed.
(3) No tax shall be levied on any building vested in or under the control or
possession of the Government or public authority owned by the Government.
36. (1) The authority empowered to assess, collect and enforce payment of
property tax under the law authorising the local authority of the area to levy such
tax shall, on behalf of the Government and subject to any rules made under this
Regulation, assess, collect and enforce payment of the fire tax in the same manner
as the property tax is assessed, enforced or collected.
Mode of
assessment,
collection and
levy of fire tax.
(2) Such portion of the total proceeds of the fire tax as the Government may
determine shall be deducted to meet the cost of collection of the fire tax.
37. (1) Where employees of the Fire and Emergency Service are deployed
beyond the limits of any area under this Regulation, in order to extinguish a fire in
the neighbourhood of such limits, then the State Government or the local body or
the Fire and Emergency Service authority on whose request they were sent, shall be
liable to pay such fee as may be prescribed.
Fee on
deployment of
Fire and
Emergency
Service within or
beyond limits of
Union territory.
(2) The fee referred to in sub-section (1) shall be payable within a period of
one month from the date of service of notice of demand by the Director or Fire
Officer and in case of non-payment within the said period, it shall be recoverable as
an arrear of land revenue.
(3) No fee shall be levied for extinguishing the fire and carrying out rescue
operations within the Union territory.
(4) Where employees of the Fire and Emergency Service are deployed for the
purposes other than firefighting within the Union territory on the direction of the
Director or Fire Officer for rendering special services such as attending duties of
fire protection at large assemblies or gatherings along with firefighting equipment
for stand-by duty, subject to safe use of equipment, if it can be spared or for
imparting fire safety training on the written request of any person, shall be liable to
pay such fee, in advance, as may be prescribed.
38. Any amount payable under this Regulation in any form shall be recovered
as an arrear of land revenue.
Recovery of
dues.
CHAPTER IX
FIRE PREVENTION AND LIFE SAFETY FUND
39. (1) The Government may, by notification, constitute a fund to be called
the Fire Prevention and Life Safety Fund.
Constitution of
fund.
(2) The proceeds of fire tax, fee and penalties other than fines recovered under
this Regulation, shall be credited to the said Fund after deduction of the expenses of
collection and recovery therefrom.
(3) The Fund shall be utilised for the purposes of fire community
preparedness, training and procurement of firefighting equipment, subject to such
conditions and in such manner, as may be prescribed.
CHAPTER X
REQUISITIONING OF FIREFIGHTING PROPERTY
40. (1) The Director or Fire Officer who is in-charge of a firefighting operation
may, if in his opinion it is necessary for the purpose of extinguishing fire in any
area, requisition and take possession of any firefighting property in the possession
of any local authority or any institution or individual.
Requisition of
firefighting
property.
(2) As soon as the firefighting operations are over, the Director or Fire Officer
in-charge of the firefighting operation, as the case may be, shall release the property
referred to in sub-section (1) from requisition and restore the same to the local
authority, institution or individual from whose possession such property was taken.
(3) Where any firefighting property is requisitioned under sub-section (1), the
owner of such property shall be paid compensation which shall be determined in
accordance with the following principles, namely:—
(a) where the amount of compensation is fixed by an agreement between
the Director or Fire Officer and the owner of the firefighting property, it shall
be paid in accordance with such agreement; or
(b) where the parties fail to reach an agreement under clause (a), the
Director or Fire Officer, who is in-charge of firefighting operation, shall refer
the matter to the Sub-divisional Magistrate having jurisdiction over the area
in which the firefighting property was kept and the Magistrate shall after
hearing the parties and such other persons as he deems necessary, determine
the amount of compensation taking into consideration the rent payable for
such firefighting property and such order of the Magistrate determining the
amount of compensation shall be final.
CHAPTER XI
OFFENCES AND PENALTIES
41. Whoever contravenes any provisions of sections 20 to 24 of this
Regulation or the rules made thereunder, shall, without prejudice to any other action
taken against him under this Regulation or rules made thereunder, be punishable
with imprisonment for a term which may extend to six months, or with fine which
may extend to fifty thousand rupees, or with both, and where the offence is a
continuing one, with a further fine which may extend to three thousand rupees for
every day after the first day during which such offence continues.
Penalty for
contravention of
certain
provisions of
Regulation.
42. Notwithstanding any action which may be taken under the provisions of
this Regulation, any member of the Fire and Emergency Service who, —
Penalty for
violation of
duty.
(a) is found to be guilty of any violation of duty or wilful breach of any
provision of this Regulation or any rule or order made thereunder; or
(b) is found to be guilty of abdication of duty; or
45 of 2023.
(c) withdraws or abstains from the duties of his office without
permission or without having given prior notice of fifteen days or more; or
(d) being on leave fails without reasonable cause to report himself for
duty on the expiration of such leave; or
(e) accepts any other employment or office or engages himself in
business in contravention of the provisions of the Central Civil Services
(Conduct) Rules, 1964,
shall be liable under the Central Civil Services (Classification, Control and Appeal)
Rules, 1965.
43. (1) If any owner or occupier or an association of such owners and
occupiers of a building or premises fails to appoint a Fire Safety Officer referred to
in section 15, within the period as may be prescribed, on the receipt of a notice given
in this behalf by the nominated authority or the Fire Officer, as the case may be,
each one of them shall be deemed to be in default jointly and severally.
Penalty in case of
non-appointment
of Fire Safety
Officers.
(2) If the person referred to in sub-section (1) is deemed to be in default, he
shall be liable to a penalty which shall not be less than ten rupees and more than
fifty rupees per square metre of area owned or occupied by him including the
common areas in the premises as determined by the Government, which shall be
recovered from him by way of penalty for each month of default or part thereof.
(3) The amount referred to in sub-section (2) shall be recovered as an arrear
of land revenue.
44. (1) Any person whose property catches fire on account of his own act or
of his agent, done deliberately or negligently, shall be liable to pay compensation to
any other person suffering damage to his property on account of any action taken
under section 18 by any officer mentioned therein or any person acting under the
authority of such officer.
Liability of
property owner
to pay
compensation.
(2) All claims under sub-section (1) shall be referred to the Appellate
Authority within a period of thirty days from the date on which damage
was caused.
(3) The Appellate Authority, shall, after giving the party an opportunity of
being heard, determine the amount of compensation and pass an order fixing the
liability of the person for such default and the amount of compensation to be paid
by him.
(4) The order passed under sub-section (3) 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.
45. Any person, legally bound to communicate information in his possession
regarding an outbreak of fire, fails to communicate the said information, without
reasonable justification, shall be deemed to have committed an offence punishable
under clause (a) of section 211 of the Bharatiya Nyaya Sanhita, 2023.
Failure to give
information.
46. Whoever fails, without reasonable cause, to comply with any of the
requirements specified in the notification issued under sub-section (1) of section 25,
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 each day after the first day during which such offence continues.
Punishment for
failure to take
precautions.
47. Any person, who wilfully obstructs or interferes with any member of the
Fire and Emergency Service while discharging his duty, 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.
Penalty for
wilfully
obstructing
firefighting,
rescue
operations.
48. Any person who knowingly gives or causes to be given a false report of
the outbreak of a fire to any person authorised to receive such report, by means of a
statement, message or otherwise, shall be liable to a penalty which may extend to
twenty-five thousand rupees.
Penalty for
giving false
report.
49. If any qualified agency referred to in sub-section (5) of section 29 furnishes
false certificate or declaration that maintenance of fire prevention and life safety
measures as specified in sub-section (1) of section 25 or as required under
sub-section (2) of section 26 have been complied, every person who, at the time the
offence was committed, was in-charge of, and responsible for the agency and the
conduct of the business of the agency, shall be deemed to be guilty of the offence
and liable for punishment:
Punishment for
furnishing false
certificate.
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.
50. Whoever contravenes any provision of this Regulation or of any rule made
or notification issued thereunder, for which no punishment or penalty has been
provided shall, without prejudice to any other action taken against him under this
Regulation or the rules made thereunder, be liable to a penalty which may extend to
ten thousand rupees and where the contravention is a continuing one, with a further
penalty which may extend to one thousand rupees for every day after the first day
during which such contravention continues.
Penalty for
contravention of
provisions of
Regulation,
where no
punishment has
been provided.
51. (1) Where an offence under this Regulation has been committed by a
company, every person who, at the time the offence was committed, was in-charge
of, and responsible for the company and the conduct of the business of the company,
shall be deemed to be guilty of the offence and shall be liable to be proceeded against
and punished accordingly:
Offences by
companies.
Provided that nothing contained in this sub-section shall render 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 Regulation 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 negligence on the part of, any director, manager, secretary or other officer of
the company, such director, manager, secretary or other officer shall also be deemed
to be guilty of that offence and shall be liable to be proceeded against and punished
accordingly.
Explanation.—For the purposes of this section,—
(a) "company" means a body corporate and includes a firm or other
association of individuals; and
(b) "director", in relation to a firm, means a partner in the firm.
52. (1) Any offence whether committed before or after the commencement of
this Regulation, punishable under sections 44 and 45 or any rule made thereunder,
may before the institution of prosecution, be compounded by such officers of the
Fire and Emergency Service and for such amount as the Government may, by
notification, specify in this behalf:
Compounding of
offences.
Provided that no offence shall be compoundable which is committed by failure
to comply with a notice, order or requisition issued by or on behalf of the
Government or of any of the officers authorised under this Regulation and until the
same has been complied with.
(2) Where an offence has been compounded under sub-section (1), the
offender if in custody, shall be discharged and no further action shall be taken
against him in respect of such offence.
53. 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 the
provisions of this Regulation or any rules made thereunder.
Protection of
action taken in
good faith.
54. No court shall take the cognizance of an offence under this Regulation,
except on the complaint of, or upon information received from, the Director or the
officer authorised by him.
Cognizance of
offence.
55. No court inferior to that of a Judicial Magistrate of the first class shall try
an offence punishable under this Regulation.
Jurisdiction.
CHAPTER XII
APPEALS
56. (1) Any person aggrieved by any notice or order of the nominated authority
issued or made under this Regulation may prefer an appeal to the Appellate
Authority within a period of thirty days from the date of the order appealed against:
Appeals.
Provided that the Appellate Authority may entertain an appeal after the expiry
of the said period of thirty days, if it is satisfied that there was sufficient ground for
not filing such appeal within the said period.
(2) An appeal under sub-section (1) shall be made in such form and manner
and shall be accompanied by a copy of the notice or order appealed against and on
payment of such fees, as may be prescribed.
(3) Any person aggrieved by an order of the Appellate Authority may prefer
an appeal before the Second Appellate Authority, within a period of thirty days from
the date of order, and the decision of the Second Appellate Authority thereon shall
be final and binding on the parties.
CHAPTER XIII
MISCELLANEOUS
57. The Director may, in the public interest, with the prior approval of the
Government, enter into an agreement with any Fire and Emergency Service or the
authority which maintains the said Fire and Emergency Service, beyond the limits
of any area in which this Regulation is in force for providing personnel or equipment
or both, for firefighting purposes, on reciprocal basis, on such terms and conditions
as may be specified in the said agreement.
Firefighting
arrangements
with other Fire
and Emergency
Service.
58. Without prejudice to the provisions of any other law for the time being in
force, the Government may, by notification, declare the Fire and Emergency Service
as technical service.
Declaration of
Fire and
Emergency
Service as
technical service.
59. The Director or any Fire Officer authorised by the Government in this
behalf may, in the event of a fire or other emergency in any neighbouring area in
which this Regulation does not extend, order the deployment of the employees of
the Fire and Emergency Service with necessary appliances and equipment to carry
out firefighting operations in such neighbouring area and thereupon all the
provisions of this Regulation and the rules made thereunder shall apply to such
areas, during the period of fire emergency or during such period as the Director may
specify, on such charges as may be prescribed.
Deployment in
other area.
60. The Government or any officer authorised by it in this behalf, may deploy
the Fire and Emergency Service in any rescue, salvage or other operation for which
it is suitable by reason of its training, appliances and equipment.
Deployment on
other duties.
61. The Director or an employee of the Fire and Emergency Service,
authorised by general or special order in this behalf may, for the purpose of
discharging his duties under this Regulation, may by order require the owner or
occupier of any building or other property, to supply such information with respect
to the features of such building or other property as may be specified therein, the
available water supplies and means of access thereto and any other material
particulars, and such owner or occupier shall furnish all the information in his
possession to the Director or such employee.
Power to obtain
information.
62. (1) Where, it appears to the Director either suo motu or on receipt of a
report from the nominated authority referred to in sub-section (5) of section 31, that
the condition of any building is dangerous to life or property, he shall, without
prejudice to any action taken under this Regulation, by order, require the person in
possession or occupation of such building to remove themselves from such building
or premises immediately.
Power to
disconnect
electricity and
water supply or
seal buildings.
(2) If an order made by the Director under sub-section (1) is not complied
with, the Director may direct,—
(a) the authority concerned to disconnect the supply of electricity or
water, as the case may be, in the building referred to in sub-section (1);
(b) any police officer having jurisdiction in such area to remove such
persons from the building and such officer shall comply with such directions.
(3) After the removal of the persons referred to in sub-section (1) or
sub-section (2), as the case may be, the nominated authority shall declare the
building unfit from fire safety point of view and shall report immediately to the
concerned Sub-divisional Magistrate, who shall seal the building or the premises
immediately, with the aid of police assistance, if necessary.
(4) No person shall remove such seal except under an order made by the
Sub-divisional Magistrate.
63. Any person, who removes the seal, referred to in sub-section (3) of
section 62 except under an order made by the Sub-divisional Magistrate, 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.
Penalty for
removal of seal.
64. In firefighting operations or any other duties relating to seizure, detention
or removal of any goods involving risk of fire, disconnection of electricity, water
supply or sealing of building, it shall be the duty of a police officer or employees of
the police force to assist and aid the nominated authority in performance of such
duties under this Regulation.
Police officers
and employees
to assist and aid.
65. (1) Without prejudice to the provisions contained in any other law for the
time being in force, on and from the date of the commencement of this Regulation,
the existing Fire and Emergency Service of the Union territory shall be deemed to
be the Fire and Emergency Service constituted under this Regulation; and every
person holding the office of Fire Officer or an employee of such service in the Union
territory, on and before the promulgation of this Regulation, shall be deemed to have
been appointed and hold office under this Regulation.
Existing Fire and
Emergency
Service deemed
to be Fire and
Emergency
Service
constituted
under
Regulation.
(2) All proceedings pending before any Fire Officer of the existing Union
territory Fire and Emergency Service, immediately before the commencement of
this Regulation shall be deemed to be proceedings pending before him under this
Regulation.
45 of 2023.
66. In the event of death of a member of the Fire and Emergency Service other
than a Gazetted Officer, while on duty, the Government shall immediately pay to
the next of kin of the said member as funeral expenses, such amount as may be
prescribed or such amount as the Government may by an order determine.
Funeral expenses
to next of kin in
case of death of
member of Fire
and Emergency
Service.
67. Every officer and employee of the Fire and Emergency Service, acting
under this Regulation, shall be deemed to be a public servant within the meaning of
clause (28) of section 2 of the Bharatiya Nyaya Sanhita, 2023.
Officers and
employees to be
public servants.
68. The Government may call for any returns, reports and records relating to
fire prevention and fire safety, the maintenance of order and the performance of
duties by the Director, nominated authority, Fire Officer, employees or subordinate
operational staff, and the same shall be furnished immediately.
Power of
Government to
call for returns,
reports,
statements, etc.
69. (1) The Government may, by notification and subject to the condition of
previous publication, make rules not inconsistent with provisions of this Regulation
for carrying out the purposes of this Regulation.
Power to make
rules.
(2) In particular, and without prejudice to the generality of the foregoing
power, such rules may provide for all or any of the following matters, namely:—
(a) other measures under clause (m) of section 2;
(b) the manner of function of existing workshop, Control Room and
other field formations under sub-section (2) of section 5;
(c) the number of employees, method of recruitment, level of post,
qualifications, pay, allowances, terms and conditions of service of employees
of Fire and Emergency Service and the other matters connected therewith
under sub-section (1) of section 6;
(d) the uniform and badges of employees under sub-section (2) of
section 6;
(e) qualifications and experience and powers, duties and other functions
of Director under sub-section (1) of section 7;
(f) other powers, duties and functions of Director under clause (j) of
sub-section (2) of section 8;
(g) the strength of the Fire and Emergency Service under sub-section (1)
of section 10;
(h) the method of recruitment, qualifications and other terms and
conditions of service of the Fire Officer under sub-section (2) of section 10;
(i) the auxiliary service, the area and the terms and conditions under
sub-section (1) of section 13;
(j) the form of certificate under sub-section (2) of section 13;
(k) the qualifications and experience of the Fire Safety Officer, under
clause (a) of sub-section (1), the form of enrolment certificate under
sub-section (2), the period within which the Fire Safety Officer is appointed
under sub-section (4), of section 15;
(1) the manner of deployment of the Fire and Emergency Service
resources, equipment and fire personnel at stand-by duties during any fire
response or any other emergency under section 17;
(m) the compensation payable and the manner thereof under clause (c),
the manner of extinguishing or limiting the spread of fire and carrying out
rescue operations under clause (d) and the terms of an agreement under
clause (g), of section 19;
(n) the rates payable for supplying water under section 20;
(0) the terms and conditions under section 22;
(p) the fire prevention and life safety measures and the manner of
displaying the declaration under sub-section (2) and the manner of removing
the pandal under sub-section (3), of section 26;
(q) the form of notice under sub-section (6) of section 28;
(r) the fire prevention and life safety measures under sub-section (1), the
form and the fee under sub-section (2), form and manner of obtaining a
Provisional Fire Safety Certificate under sub-section (3), the form and manner
of self-declaration or certification under sub-section (4), form of certificate to
be issued by qualified agency under sub-section (5), the form of declaration
under sub-section (6) and the manner of selecting the qualified agency and
functions thereof under sub-section (8), of section 29;
(s) the procedure under sub-section (1) of section 30;
(t) the charges payable under clause (b), the procedure and fee payable
for course of instruction on prevention and extinguishment of fire under
clause (c), of section 33;
(u) the matters in respect of which the Fire and Emergency Service shall
render assistance and consultation to the communities and the manner thereof
under section 34;
(v) the rate of fire tax to be levied under sub-section (2) of section 35;
(w) the fee payable by the State Government or the local body or the Fire
and Emergency Service authority under sub-section (1) and the fee payable
under sub-section (4) of section 37;
(x) the conditions and the manner of utilisation of fund under
sub-section (3) of section 39;
(y) the time period for appointment of Fire Safety Officer under
sub-section (1) of section 43;
(z) the form and manner and fees payable under sub-section (2) of
section 56;
(za) the charges payable under section 59;
(zb) amount payable under section 66.
70. (1) The Government may, by notification, direct that any power
exercisable by it under this Regulation shall, subject to such conditions, if any, be
exercisable by any officer not below the rank of Secretary to the Government.
Power of
Government to
delegate.
(2) The Director may, by order, direct that any power conferred or any duty
imposed on him by or under this Regulation shall, in such circumstances and under
such conditions, if any, as may be specified in the order, be exercised and, performed
by any officer of the Fire and Emergency Service specified in the said order.
71. (1) If any difficulty arises in giving effect to the provisions of this
Regulation, the Government may, by order published in the Official Gazette, make
such provisions not inconsistent with the provisions of this Regulation as may
appear to it to be necessary or expedient for removing the difficulty:
Power to remove
difficulties.
Provided that no such order shall be made after the expiry of two years from
the date of commencement of this Regulation.
(2) Every order made under this section shall be laid, as soon as may be after
it is made, before each House of Parliament.
9 of 1986.
10 of 1897.
72. Every rule and every order made under this Regulation shall be laid, as
soon as may be after it is made, before each House of Parliament.
Laying of rules
and orders, etc.
73. (1) The provisions of this Regulation and the rules made thereunder shall
have effect notwithstanding anything inconsistent therewith contained in any other
law for the time being in force or in any instrument having effect by virtue of any
other law.
Act to have
overriding effect
on other laws.
(2) Notwithstanding anything contained in any other law for the time being in
force, when anything in relation to the fire prevention and life safety measures is
required to be done or approved under this Regulation, any such thing shall not be
deemed to have been unlawfully done or approved by reason only of the fact that
the permission, approval or sanction required under such other law has not been
obtained.
(3) Subject to the provisions of sub-section (1), the provisions of this
Regulation shall be in addition to, and not, save as expressly provided hereinabove,
be in derogation of the provisions of any relevant law for the time being in force in
any area in which this Regulation is in force.
74. (1) The Goa, Daman and Diu Fire Force Act, 1986 as applied to erstwhile
Union territory of Daman and Diu and as extended to erstwhile Union territory of
Dadra and Nagar Haveli is hereby repealed:
Repeal and
saving.
Provided that such repeal shall not be deemed to limit, modify or derogate
from the general responsibility of any local authority,—
(i) to provide and maintain such water supply and fire hydrants for
firefighting purposes as may be directed by the Government from time to time;
(ii) to make bye-laws for the regulation of dangerous trades;
(iii) to order any of its employees to render aid in fighting a fire when
reasonably called upon to do so by any member of the fire service; and
(iv) generally, to take such measures as will reduce the likelihood of fire
or prevent the spread of fire.
(2) Notwithstanding such repeal, anything done or any action taken or
purported to have been done or taken including any rule made or any direction given,
or any proceedings conducted or any penalty or fine imposed under the Regulation
so repealed shall, in so far as it is not inconsistent with the provisions of this
Regulation, be deemed to have been done, taken or conducted under the
corresponding provisions of this Regulation.
(3) The mention of particular matters in sub-section (2) shall not be held to
prejudice or affect the general application of section 6 of the General Clauses
Act, 1897 with regard to the effect of repeal.
DROUPADI MURMU,
President.
DR. RAJIV MANI,
Secretary to the Govt. of India.
UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI-110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI-110054.
GORAKH Digitally signed
by GORAKHA
A NATH NATH YADAVA
YADAVA 19:57:04+05'30'
Date: 2026.06.02
MGIPMRND—283 GI—02.06.2026
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