Full Text
REGISTERED NO. DL-(N)04/0007/2003-26
The Gazette of India
CG-DL-E-15052026-272606
EXTRAORDINARY
PART II—Section 1
PUBLISHED BY AUTHORITY
No. 16]
NEW DELHI, FRIDAY, MAY 15, 2026/VAISAKHA 25, 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 15th May, 2026/Vaisakha 25, 1948 (Saka)
THE LAKSHADWEEP FIRE AND EMERCENCY SERVICE
REGULATION, 2026
No. 3 OF 2026
Promulgated by the President in the Seventy-seventh Year of the Republic
of Inida.
A Regulation to provide for the maintenance of 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 Lakshadweep 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 Lakshadweep Fire and Emergency
Service Regulation, 2026.
(2) It extends to the Union territory of the Lakshadweep.
(3) It shall come into force on such date as the Administrator may, by
notification in the Official Gazette, appoint.
Short title,
extent and
commencement.
Definitions.
2. In this Regulation, unless the context otherwise requires, —
(a) "administrator” means the administrator of the Union territory of
the Lakshadweep appointed by the President under article 239 of the
Constitution;
(b) "appellate authority" means an officer above the rank of 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, out houses, if any, pertaining to
such building or part thereof and installations of petrol, diesel or 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-law" means the fire safety regulations, norms or guidelines
made by the Government under this Regulation;
(f) "Director or Chief Fire Officer" means the Director or Chief Fire
Officer of the fire and emergency service appointed under sub-section (1) of
section 7;
(g) "disaster" means the disasters as defined in clause (d) of section 2
of the Disaster Management Act, 2005;
(h) "emergency” means any serious situation or occurrence, including
disasters, occurring unexpectedly and demanding 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
the occupation of people on a regular or temporary basis;
(k) "fire and emergency service" means the Lakshadweep fire and
emergency service constituted 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 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;
53 of 2005.
(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
Lakshadweep;
(s) "local authority" means a 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
Lakshadweep;
(y) "owner" means a person who, for the time being, is entitled to
receive the rent of any land or building,—
(i) whether on his own account or on account of himself and
others; or
(ii) as an agent, trustee, guardian or receiver; or
(iii) 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 a 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 under this
Regulation;
(zb) "qualified agency” means a person or an association of persons
having technical specialisation in the field of fire,—
(a) civil or mechanical engineering; or
(b) technology, industrial safety, disaster management or
chemical science,
from a recognised university, having domain knowledge and accomplishments in
the field of fire services or emergency services;
(zc) "second appellate authority" means an officer appointed by the
Government, who is higher in rank than the appellate authority;
(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 Lakshadweep.
CHAPTER II
ESTABLISHMENT AND MAINTENANCE OF FIRE AND EMERGENCY SERVICES
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.
(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.
Superintendence
of fire and
emergency
service to vest in
Government.
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.
Composition of
fire and
emergency
service.
5. (1) The fire and emergency service shall consist of the following
members, namely:—
(a) Director or Chief Fire Officer as designated by the
Administrator-ex officio;
(b) Deputy Chief Fire Officer;
(c) Station Fire Officer or Station Officer (Fire Service);
(d) Sub-Fire Officer;
(e) Leading Fireman.
(2) The existing workshop, control room and other field formations of the
fire and emergency service shall function in the manner as may be prescribed.
Terms and
conditions of
employees of
fire and
emergency
service.
6. (1) The number of employees, method of their recruitment, level of post,
qualification, pay, allowances and other conditions of their service and the matters
connected therewith shall be such as may be prescribed.
(2) The uniform and badges of employees shall be such as may be prescribed
and shall be in conformity with the recommendation of the Standing Fire Advisory
Council.
(3) The employees of the fire and emergency service shall be governed by
Central Civil Service Rules as apply 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 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 applied 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.
Appointment of
Director of fire
and emergency
service.
7. (1) The Government may, by notification, appoint a Director or Chief Fire
Officer of the fire and emergency service with such qualification 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.
(2) The Government may, by notification, appoint such other officers and
employees as may be necessary to assist the Director or Chief Fire Officer.
(3) The Jurisdiction of the Director or Chief Fire Officer so appointed shall
extend to the whole of the Union territory in matters relating to fire and emergency
service.
Power, duties
and functions of
Director or Chief
Fire Officer.
8. (1) The Director or Chief Fire Officer 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 and all matters of executive details or 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.
(2) The Director or Chief Fire Officer shall be the head of the office and
shall,-
(a) correspond with the Government for the development of the 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 fires, 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 for 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 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 purpose 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 conferred or imposed on him by or under this Regulation or as
may be prescribed.
(3) The Assistant Director or Deputy Chief Fire Officer 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 by the rules made thereunder, subject to the control, directions and
superintendence of the Director or Chief Fire Officer.
CHAPTER III
ESTABLISHMENT OF FIRE STATIONS
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.
(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.
Appointment of
Fire Officer.
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.
(2) The method of recruitment, qualifications and other terms and conditions
of service of the Fire Officer shall be such as may be prescribed.
Powers and
functions of Fire
Officers.
11. (1) Subject to the control, direction and superintendence of the Director
or Chief Fire Officer, 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.
(2) Without prejudice to the provisions of sub-section (1), the Fire Officer
shall be in-charge of operations of the fire and emergency service within his area
and shall be responsible for maintenance of communication system, water
resources including hydrants within his station areas, and in the case of fire
prevention, disaster and emergency, the Fire Officer or an employee who is the
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 or Chief Fire
Officer, and thereupon such person shall have the powers, functions and privileges
of an employee of the fire and emergency service under this Regulation.
(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 of appointment 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.
Issue of
certificate to
employees.
Auxiliary 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 the enrolment
of volunteers for such area and on such terms and conditions, as may be
prescribed.
(2) Every such volunteer shall receive a certificate, in such form as may be
prescribed, as member of the fire and emergency service, shall-
(a) have the same powers and protection;
(b) be liable to all such duties and penalties; and
(c) be subordinate to the same authorities.
Effect of
suspension of
Fire Officer.
14. The powers, functions and privileges vested in a Fire Officer shall
remain suspended while such Fire Officer is placed under suspension:
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
Appointment,
power and
functions of 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—
(a) appoint a Fire Safety Officer, within such period, having such
qualification 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 the purpose, shall not be required to undergo
such training.
CHAPTER V
FIRE AND EMERGENCY RESPONSE
Response to
calls.
16. The Fire Officer shall ensure the timely turnouts of fire units to respond
to fire and emergency related calls in accordance with such Standard Operating
Procedures as may be specified by the Government.
Deployment of
personnel and
equipment.
17. The Director, Chief Fire Officer 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.
Operation
management.
18. The Director, Chief Fire Officer or Fire Officer shall ensure the planning,
organising and deployment of the staff, maintaining details of such planning and
deployment of the employee and shall ensure the regular monitoring of the fire or
emergency site.
Powers of
employees of
fire and
emergency
service during
fire or rescue
operations.
19. In the event of a fire 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 firefighting operations on the spot, may, —
(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 purpose of extinguishing fire and carrying out a rescue
operation, break into or through or pull down any premises for the passage of
hose or appliances or cause them to be broken into or pulled down, causing
minimum damage as possible for 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, 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 an unlawful
assembly and shall be entitled to the same immunities and protection as such
officer, in respect of the 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
avoidable delay, along with a brief note giving date, time and reasons of such
detention;
(g) enter into agreement with any person who employs and maintains
personnel or equipment or both for firefighting purposes, to secure on such
terms as may be prescribed for the purpose of dealing with fires 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.
Power to arrange
for water supply
during
emergency.
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.
Duty of Director
or Fire Officer to
arrange water
supply.
21. (1) The Director or Fire Officer shall take all reasonable measures for
securing an adequate supply of water for use in the event of fire.
(2) The Director, Chief Fire Officer or Fire Officer shall ensure that the
water demand for firefighting in the area is in accordance with the Central Public
Health and Environmental Engineering Organisation Manual, 1999.
(3) The Local Authority and Lakshadweep Public Works Department shall
provide all assistance for meeting the water demand for firefighting as per
sub-sections (1) and (2).
Power to enter
into agreement
for water supply.
22. The Director or Fire Officer may enter into an agreement with any
agency for meeting the demand of water supply in an emergency on such terms
and conditions, as may be prescribed.
Authority not to
claim
compensation
for damage.
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 clause (d) of section 19.
Local authority
not to charge for
water
consumption.
24. No charge shall be made by any local authority for water consumed in
firefighting operations by the fire and emergency service.
CHAPTER VI
PREVENTIVE MEASURES
Preventive
measures.
25. (1) The Government may, by notification, require the owner or occupier
of any buildings or premises in any area or of any class of building or premises
that are likely to be at risk of fire or likely to cause risk of fire, to take such
precautions as may be specified in such notification.
(2) The Director, Chief Fire Officer or Fire Officer shall ensure that
provisions for fire services management, prevention and preparedness, including
preparation of the fire hazard response mitigation plan, are in accordance with the
guidelines issued by the National Disaster Management Authority.
Erector of a
pandal to take
fire prevention
and life safety
measures.
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.
(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.
False declaration
to be punishable
offence.
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.
Removal of
encroachments,
objects or goods
likely to cause
risk of fire or
any obstruction
to firefighting.
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 direction to the
owner or occupier or erector, as the case may be, for removal of the objects, goods
or encroachments, 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.
(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.
(3) Where the nominated authority considers objects or goods or
encroachments 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 encroachments 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.
Liability of
owner or
occupiers of
building to
provide fire
prevention and
life safety
measures.
29. (1) Without prejudice to the provisions of the bye-laws or any other
law for the time being in force in the Union territory, the owner or occupier,
who is 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 the 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 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 measure 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) hotel or resort or eating houses, apartment 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, industry or factory, buildings for storage, godowns or
buildings used for storage of hazardous materials;
(ii) mixed occupancies, where any of the buildings referred to in
clause (a) or clause (b) have a floor area of more than five hundred
square metres, on the addition of the 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 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 a 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 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 purpose of this section, the manner of selecting the qualified
agency and the functions of such qualified agency shall be such as may be
prescribed.
Issue of Fire
Safety Certificate
and its renewal.
30. (1) The nominated authority shall, upon receipt of an application,
scrutinise the compliances required under section 29 and other provisions of this
Regulation, 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 Fire Safety Certificate within a period of
thirty days from the date of receipt of the application.
(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 of
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 for
ascertaining 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 at such place or building, if it appears to him to be necessary and
expedient to do so, to ensure the 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, record
his views on the deviations from or the contraventions of, the requirements
concerning the fire prevention and life safety measures or the inadequacy or
non-compliance of such measures provided or to be provided therein with
reference to the height of the building or the nature of activities carried on in such
place or building or part thereof and 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.
Communication
of information
on outbreak of
fire.
32. Any person who possesses any information regarding an outbreak of fire
shall communicate the same without delay to the nearest fire station.
CHAPTER VII
FIRE AND EMERGENCY SERVICE TRAINING INSTITUTE
Establishment of
fire and
emergency
training institute.
33. The Government may,-
(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; and
(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.
Community
preparedness.
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.
CHAPTER VIII
LEVY OF FIRE TAX AND OTHER CHARGES
Levy of fire tax.
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.
(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.
Mode of
assessment,
collection
and
levy of fire tax.
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.
(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 charges.
Fee on
deployment of
fire and
emergency
service within or
beyond limits of
Union territory.
37. (1) Where employees of the fire and emergency service are deployed
beyond the limits of any area under this Regulation, to extinguish a fire in the
neighbourhood of such limits, then the State Government or local body or fire and
emergency service authority on whose request they were sent, shall be liable to
pay such fee as may be prescribed.
(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, Chief Fire
Officer 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 gathering 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.
Recovery of
dues.
38. Any amount payable under this Regulation in any form shall be
recovered as arrears of land revenue.
CHAPTER IX
FIRE PREVENTION AND LIFE SAFETY FUND
Constitution of
fund.
39. (1) The Government may, by notification, constitute a fund to be called
the Fire Prevention and Life Safety 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
Requisition of
firefighting
property.
40. (1) The Director, Chief Fire Officer 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.
(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;
(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
Penalties for
contravention of
certain
provisions.
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
violation of
duty.
42. Notwithstanding any action which may be taken under the provisions of
this Regulation, any member of the fire and emergency service who,—
(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
(c) withdraws or abstains from the duties of his office without
permission or without having given prior notice for 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.
Penalty in
case of
non-appointment
of Fire Safety
Officers.
43. (1) If any owner, occupier or an association of such owners and occupier
of a building or premises fails to appoint Fire Safety Officers 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.
(2) If the person referred to in sub-section (1) is deemed to be in default, he
be liable to a penalty which shall not be less than ten rupees and not
exceeding 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.
Liability of
property owner
to pay
compensation.
44. (1) Any person whose property catches fire on account of his own act or
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.
(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.
Failure to give
information.
45. Any person, legally bound to communicate information in his
possession regarding an outbreak of fire, who 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.
Punishment for
failure to take
precautions.
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.
Penalty for
wilfully
obstructing
firefighting,
rescue operation.
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 a fine which
may extend to ten thousand rupees, or with both.
Punishment for
giving false
report.
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.
Punishment for
furnishing false
certificate.
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:
Provided that nothing contained in this 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.
Punishment for
contravention of
provisions of
this Regulation
where no
punishment has
been provided.
50. Whoever contravenes any provision of this Regulation or 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.
Offences by
companies.
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:
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.
45 of 2023.
(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.
Compounding of
offences.
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:
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.
Protection of
action taken in
good faith.
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.
Cognisance of
offences.
54. No court shall take cognisance of an offence under this Regulation,
except on the complaint of, or upon information received from, the Director, Chief
Fire Officer or the officer authorised by him in this behalf.
Jurisdiction.
55. No court inferior to that of a Judicial Magistrate of the first class shall try
an offence punishable under this Regulation.
CHAPTER XII
APPEALS
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:
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 the order, and the decision of the second Appellate Authority
thereon shall be final and binding on the parties.
CHAPTER XIII
MISCELLANEOUS
Firefighting
arrangements
with other fire
and emergency
service.
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 under the said agreement.
Declaration of
fire and
emergency
service as
technical
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 a technical service.
Deployment in
other area.
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 or
Chief Fire Officer may specify, on such charges as may be prescribed.
Deployment on
other duties.
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.
Power to obtain
information.
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, Chief Fire Officer or such employee.
Power to
disconnect
electricity and
water supply or
seal building.
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.
(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 an area shall 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.
Penalty for
removal of seal.
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 a fine which may extend to twenty-five thousand rupees, or with both.
Police officers
and employees
are to assist and
aid.
64. In firefighting operations or any other duties related to seizure, detention
or removal of any goods involving risk of fire, disconnection of electricity, water
supply or sealing of a building, it shall be the duty of a police officer or employees
of the police force to assist and aid the nominated authority in the performance of
such duties under this Regulation.
Existing fire and
emergency
service to be
deemed to be
fire and
emergency
service
constituted
under
Regulation.
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 either 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 holding office under this 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.
Final expenses
to next of kin in
case of death of
member of fire
and emergency
service.
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 as the Government may, by an order, determine.
Officers and
employees to be
public servant.
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.
Power of
Government to
call for returns,
reports,
statements, etc.
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 to make
rules.
69. (1) The Government may, by notification and subject to the condition of
previous publication, make rules not inconsistent with the provisions of this
Regulation for carrying out the purposes of this Regulation.
(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 their appointment, level of
post, qualifications, pay, allowances, terms and conditions of 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) the qualifications and experience and powers, duties and other
functions of Director or Chief Fire Officer of fire and emergency service under
sub-section (1) of section 7;
(f) other powers, duties and functions of Director or Chief Fire Officer
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 and time limit for appointment of
the Fire Safety Officer under clause (a) of sub-section (1) and the form of
enrolment certificate under sub-section (2), 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 drawing 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) and 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.
Power of
Government to
delegate.
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.
(2) The Director or Chief Fire Officer 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.
Repeal and
saving.
71. If immediately before the day on which this Regulation comes into force
in the Union territory, there is in force in the Union territory any law or rule
having the force of law which corresponds to this regulation, such corresponding
law, in so far as it relates to any matter for which provision has been made in this
Regulation shall on that day stand repealed:
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.
Power to remove
difficulties.
72. (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:
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.
Laying of rules
and orders, etc.
73. Every rule made and every order issued under this Regulation shall be
laid, as soon as may be after it is made, before each House of Parliament.
Act to have an
overriding effect
on other laws.
74. (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.
(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.
DROUPADI MURMU,
President.
DR. RAJIV MANI,
Secretary to the Govt. of India.
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