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REGISTERED NO. DL-(N)04/0007/2003-26
The Gazette of India
CG-DL-E-25052026-272850
EXTRAORDINARY
PART II—Section 1
PUBLISHED BY AUTHORITY
No. 19]
NEW DELHI, MONDAY, MAY 25, 2026/JYAISHTHA 4, 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 25th May, 2026/Jyaishtha 4, 1948 (Saka)
THE ANDAMAN AND NICOBAR ISLANDS FIRE AND
EMERGENCY SERVICE REGULATION, 2026
No. 5 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 the fire prevention and fire safety measures
in various types of buildings and premises in the Union Territory of Andaman
and Nicobar Islands and for 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 Andaman and Nicobar Islands Fire
and Emergency Service Regulation, 2026.
(2) It extends to the whole of the Union territory of Andaman and Nicobar
Islands.
(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) "Additional Director" means the Additional Director of Fire and
Emergency Service referred to in clause (ii) of section 6;
(b) "Appellate Authority” means the Appellate Authority referred to in
sub-section (1) of section 31;
(c) "Building" shall have the same meaning as assigned to it in the
Andaman and Nicobar Islands (Municipal) Regulation, 1994 or the Andaman
and Nicobar Islands (Panchayats) Regulation, 1994 or the Andaman and
Nicobar Islands Town and Country Planning Regulation, 1994 or any other
law for the time being in force in the Union territory in the area in which this
Regulation is in force and includes places or premises comprising 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 petrol, diesel
or gas lines, installations or pumps connection therewith;
(d) "Building bye-laws" means the bye-laws made under the Andaman
and Nicobar Islands (Municipal) Regulation, 1994 or the Andaman and
Nicobar Islands (Panchayats) Regulation, 1994 or Town and Country
Planning Rules and Regulations or any other bye-law for the time being in
force in the area in which this regulation is in force;
(e) "bye-law" means fire safety norms or guidelines made by the
Government under this Regulation;
(f) "Deputy Director" means the Deputy Director of Fire and Emergency
Service referred to in clause (iv) of section 6;
(g) "Director" means the Director of the Fire and Emergency Service
referred to in clause (i) of section 6;
(h) "disaster" means disaster as defined in clause (d) of section 2 of the
Disaster Management Act, 2005;
(i) “emergency” means any serious situation or occurrence, including
disasters, that happens unexpectedly and demands immediate action or
response of the emergency service;
(j) "employee" means a person appointed to the Fire and Emergency
Service under this Regulation;
(k) "erector" means a person or an association of persons, whether
corporate or otherwise, who erects or makes a pandal or any structure for
occupation of people on a regular or temporary basis;
(l) "Fire and Emergency Service” means the Andaman and Nicobar Fire
and Emergency Service;
(m) "Fire Officer" means a person appointed as Fire Officer under
section 9;
(n) "fire prevention and life safety measures” means such measures as
are necessary for the containment, control and extinguishing of fire and for
ensuring the safety of life and property as may be prescribed;
(o) "fire property" means land and building used as fire stations,
firefighting appliances, equipment, tools implements and things whatsoever
used for firefighting and other means of transport used in connection with the
firefighting, uniforms and badges of rank;
(p) "Fire Safety Officer” means the person appointed as the Fire Safety
Officer by the owners and occupiers of certain premises and buildings under
section 28;
Reg. 5 of 1994.
Reg. 1 of 1994.
Reg. 7 of 1994.
Reg. 5 of 1994.
Reg. 1 of 1994.
53 of 2005.
(q) "Fire Station" means a building erected to house the firefighting
equipment, appliances and staff declared generally or specially by the
Government to be a fire station for the purpose of this Regulation;
(r) “Government" means the Union territory Administration of
Andaman and Nicobar Islands headed by the Administrator;
(s) "Joint Director" means the Joint Director of Fire and Emergency
Service referred to in clause (iii) of section 6;
(t) "local authority" means the authorities constituted under the
Andaman and Nicobar Islands (Municipal) Regulation, 1994 or the Panchayati
Raj Institutions created under the Andaman and Nicobar Islands (Panchayats)
Regulation, 1994 or a body or authority created under any other law, which
may be notified in this behalf by the Central Government or the
Administration of Andaman and Nicobar Islands, as the case may be;
(u) "Nominated Authority" means-
(i) a Fire Officer not below the rank of a station officer nominated
by the Deputy Director by an order; or
(ii) any other Municipal Officer, not below the rank of a station
officer of fire service, nominated by the Government,
as a Nominated Authority for the purposes of this Regulation;
(v) "notification” means a notification published in the Official Gazette
and the expression "notified" shall be construed accordingly;
(w) "occupancy" means the principal occupancy for which a building or
a part of a building is used or intended to be used including subsidiary
occupancies which are contingent upon it;
(x) "occupier" means-
(i) any person who, for the time being, is paying or is liable to pay,
to the owner the rent or any portion of the rent of the land or building in
respect of which such rent is paid or is payable;
(ii) an owner in occupation of, or otherwise using his land or building;
(iii) a rent-free tenant of any land or building;
(iv) a licensee in occupation of any land or building; and
(v) any person who is liable to pay to the owner, damages for the
use and occupation of any land or building;
(y) "Official Gazette" means the Union territory of Andaman and
Nicobar Islands Gazette;
(z) "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 and includes an agent, trustee, guardian or receiver or any
other person, or who should so receive the rent or be entitled to receive it if
the land or building or part thereof were let to a tenant;
(za) "pandal" means a temporary structure with roof or walls made of
straw, hay, ulu grass, golpatta, hogla, darma, mat, canvas, cloth or other like
material which is not adopted for permanent or continuous occupancy;
(zb) "prescribed" means prescribed by rules made by the Government under
this Regulation and the expression “prescribe” shall be construed accordingly;
(zc) "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 or Industrial Safety or Disaster Management or
Chemical Science from a recognised university and has sufficient domain
knowledge and accomplishments in the field of fire services;
Reg. 5 of 1994.
Reg. 1 of 1994.
(zd) "Second Appellate Authority" means the Director of the Fire and
Emergency Service;
(ze) "specified" means as specified by an order under this Regulation
and the expression “specify” shall be construed accordingly;
(zf) "Standing Fire Advisory Council" means the advisory body
constituted by the Ministry of Home Affairs, Central Government to examine
the technical problems relating to the Fire and Emergency Service;
(zg) "Union territory" means the Union territory of Andaman and
Nicobar Islands.
CHAPTER II
THE FIRE AND EMERGENCY SERVICE
3. (1) On and from the date of commencement of this Regulation, the existing
Andaman and Nicobar Fire Service shall be called as the Andaman and Nicobar
Islands Fire and Emergency Service.
(2) All officers and subordinate ranks of the Fire and Emergency Service shall
be liable for posting to any fire station or field formations in the Union territory.
(3) In case where the emergency service is not related only to fire, the
decisions and directions of the authority in-charge of the emergency service shall
prevail.
4. On and from the date of commencement of this Regulation, the
superintendence of, and control over, the Fire and Emergency Service 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.
5. (1) The Fire and Emergency Service shall consist of the following,
namely:-
(a) Director General of Police, ex officio—Director;
(b) Additional Director General of Police or Inspector General of Police
or Deputy Inspector General of Police, ex officio-Additional Director;
(c) Senior Superintendent of Police, ex officio-Joint Director;
(d) Deputy Director;
(e) Chief Fire Officer;
(f) Assistant Divisional Officer;
(g) Station Officer;
(h) Sub-Officer;
(i) Leading Fireman;
(j) Fireman.
(2) The existing workshop, Control Room and other field formations shall
function as per the rules made under this Regulation in accordance with the
instructions issued by the Standing Fire Advisory Council.
(3) The number of employees, method of their appointment, grade of post,
qualification, pay, allowances and other conditions of their service and the matters
connected therewith shall be such as may be prescribed.
Function of Fire
and Emergency
Service.
Superintendence
of Fire and
Emergency
Service to vest
in Government.
Composition and
classification of
Fire and
Emergency
Service.
(4) The uniform and badges of employees shall be such as may be prescribed
and they shall be in conformity with instruction issued by the Standing Fire
Advisory Council.
(5) The employees of the Fire and Emergency Service shall be governed by
the Central Civil Service 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.
(6) Save as otherwise provided by or under this Regulation, every person
holding office either as a Fire Officer or staff or an employee (by whatever
designation called) 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 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.
6. On and from the date of commencement of this Regulation,—
(i) the Director General of Police, Andaman and Nicobar Islands shall
be the Director of Fire and Emergency Service, who shall exercise such
powers and perform such duties and other functions as are specified by or
under this Regulation;
(ii) the Additional Director General of Police or Inspector General of
Police or Deputy Inspector General of Police, Andaman and Nicobar Islands
shall be the Additional Director of Fire and Emergency Service;
(iii) the Senior Superintendent of Police, Andaman and Nicobar Islands
shall be the Joint Director of Fire and Emergency Service;
(iv) the Deputy Director of Fire and Emergency Service shall be
appointed as per notified Recruitment Rules made in this behalf and shall
function as Head of Office.
7. (1) Subject to the control, directions and superintendence of the
Government, the Director shall direct and regulate all matters of fire safety and
prevention, firefighting equipment, machinery and appliances, training, observation
of persons, events of mutual relations, distribution of duties, study of laws, orders
and modes of proceedings and all matters of executive detail or the fulfilment of
duties and maintenance of discipline of fire officers and employees of the Fire and
Emergency Service under him, as per the relevant Government rules.
(2) Without prejudice to the provisions of this Regulation, the Director shall—
(i) function as the Head of the Department of Fire and Emergency
Services;
(ii) keep liaison with the Government for the development of the Fire
and Emergency Service;
(iii) frame the policies in relation to the development of the Fire and
Emergency Service and, on approval by the Government, take steps to
implement the same;
(iv) prepare and submit plans and proposals to the Government with
regard to the periodical review of fire equipment, fire property and fire
manpower for effective implementation of the Fire and Emergency Service;
(v) take or cause to be taken such effective steps and measures in cases
of major fires, house collapse and other emergency services;
(vi) investigate or cause to be investigated the reason of fire and advise
the concerned authorities for implementing fire precautionary measures;
Director,
Additional
Director, Joint
Director and
Deputy Director
of Fire and
Emergency
Service.
Power, duties
and functions of
Director,
Additional
Director, Joint
Director and
Deputy Director.
(vii) enter into agreement, in consultation with the Government with any
person or agency who employs and maintains personnel or equipment or both
for firefighting purposes, for the purpose of dealing with fires occurring in any
area;
(viii) implement the effective Human Resource Development policies of
the Government in accordance with the prescribed tasks at each level of fire
service personnel and for that purpose, he may establish advance training
centres;
(ix) represent the Government on National and International forums with
a view to updating the standards of Fire and Emergency Service in the Union
territory; and
(x) perform any other function or duty as may be necessary for carrying
out the provisions of this Regulation.
(3) The Additional Director, the Joint Director and the Deputy Director 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.
8. (1) For the purpose of providing adequate number of officers and staff for
meeting the needs of Fire and Emergency Service, the Government may, for the
purpose of securing fire prevention and life safety measures within the Union
territory, by notification; set up as many Fire Stations and other field formations as
it deems fit in conformity with the recommendations of 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 of
each Fire Station and other field formations as may be necessary for administrative
and operational efficiency.
9. (1) For the purposes of this Regulation, the Director may appoint Fire
Officer not below the rank of Leading Fireman, who shall be officer-in-charge of a
Fire Station or other field formations as per the size of the Fire and Emergency
Service as prescribed by the Government.
(2) The Director may appoint such number of staff to assist the Fire Officer as
may be prescribed.
(3) The qualifications for appointment and other conditions of service of the
officers designated under this Regulation shall be such as may be prescribed.
10. (1) Subject to the control, direction and superintendence of the Director,
the Fire Officers shall exercise such powers and perform such duties as are conferred
and imposed upon him by this Regulation or rules or orders made thereunder.
(2) Without prejudice to the provisions of sub-section (1), the concerned Fire
Officer shall be—
(a) responsible for maintenance of communication system, water
resources including hydrants within his station areas, and shall be in-charge of
operations of the Fire and Emergency Service within his area; and
(b) the Commanding Officer in the case of fighting a fire and preventing
the fire spread, and the emergency service engaged, shall work under his
command.
11. (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.
Setting up of
Fire Station.
Appointment of
Fire Officer.
Powers, duties
and functions of
Fire Officers.
Issue of
certificate to
employees of
Fire and
Emergency
Service.
(2) The certificate received under sub-section (1) shall cease to have effect
when the person named therein ceased for any reason to be an employee of the Fire
and Emergency Service and on his ceasing to be such employee, he shall forthwith
surrender the certificate to any fire officer empowered by the Director to receive the
same.
(3) A certificate referred to in sub-section (1) shall become null and void or
remain inoperative during the period such person is suspended from the Fire and
Emergency Service.
12. Whenever, it appears to the Government that it is necessary or expedient
to augment the Fire and Emergency Service, it may raise an auxiliary service by
enrolment of volunteers for such area on such terms and conditions as may be
prescribed.
13. The powers, functions and privileges vested in a Fire Officer shall remain
suspended while such Fire Officer is under suspension from office:
Provided that notwithstanding such suspension, such person shall continue to
be subject to the control of same authorities to which he would have been if he had
not been under suspension.
CHAPTER III
FIRE AND EMERGENCY RESPONSE
14. 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 determined by the Government.
15. The Fire Officer shall ensure deployment of the Fire and Emergency
Service resources, equipment and fire personnel at stand-by duties during any fire
response or any other emergency as may be prescribed.
16. The Fire Officer shall ensure planning, organising and staff deployment of
the staff and ensure regular monitoring of the fire or emergency site.
17. (1) On the occasion of fire or rescue operation, in any area in which this
Regulation is in force, the employee may, —
(i) order any other 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;
(ii) close any street or passage in or near which a fire is being fought or
rescue operation is in progress;
(iii) require the Authority in-charge of water supply in the area to
regulate the water mains so as to provide water at a specified pressure at the
place where fire has broken out and 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;
(iv) exercise the same powers for dispersing an assembly of persons
likely to obstruct the firefighting operations, as if he is an officer of a Police
Station and shall be entitled to the same immunities and protection as an
officer of a Police Station;
(v) detain a person who wilfully obstructs and hinders Fire and
Emergency Service personnel in firefighting and rescue operations and
handover him over to a police officer or at the nearest Police Station without
delay along with a brief note giving the time, date and reason of detention; and
Auxiliary Fire
and Emergency
Service.
Effect of
suspension of
Fire Officer.
Response to
calls.
Personnel and
scale of
equipment.
Operation
management.
Powers of
employees of
Fire and
Emergency
Service on
occasion of fire
or rescue.
(vi) take such other measures as may appear to him to be necessary for
extinguishing the fire or for the protection of life or property, or for both.
(2) The employee shall break into or through or pull down, any premises for
the passage of hose or appliances or cause them to be broken into or through or
pulled down, doing as little damage as possible for the purpose of extinguishing fire
and carrying out rescue operation.
CHAPTER IV
WATER SUPPLY
18. It shall be lawful for the Fire Officer to 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.
19. (1) The Fire Officer shall take all reasonable measures for securing that an
adequate supply of water shall be available for the use in the event of fire.
(2) The Fire Officer shall ensure that the water demand for firefighting in the
area is in accordance with Central Public Health and Environmental Engineering
Organization (CPHEEO) Manual.
(3) The Local Authority and Andaman Public Works Department shall
provide all assistance in meeting the water demand for firefighting as per
sub-sections (1) and (2).
20. The Fire Officer may enter into an agreement with an agency for meeting
the demand of water supply and emergent need of water as per such procedures and
terms and conditions for the payment as may be prescribed.
21. No authority or 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 (iii) of sub-section (1) of section 17.
22. No charge shall be made by any local authority for water consumed in
firefighting operations by the Fire and Emergency Service.
CHAPTER V
GENERAL MEASURES FOR FIRE PREVENTION AND EMERGENCY LIFE SAFETY MEASURES
23. (1) The Government may, by notification, require owner or occupier of
premises or goods in any area, which in its opinion, are likely to cause risk of fire,
to take such precautions as may be provided therein.
(2) The Deputy Director shall ensure that provision for Fire Services
Management, Prevention and Preparedness including preparation of Fire Hazard
Response Mitigation Plan is as per the guidelines issued by the National Disaster
Management Authority.
24. (1) The erectors of pandals shall be deemed to be self-regulatory for taking
fire prevention and life safety measures under this Regulation.
(2) The erector of a pandal shall display a declaration regarding compliance
of fire prevention and life safety measures in such form as may be prescribed.
(3) It shall be lawful for the Nominated Authority to enter and inspect the
pandal with a view to verify the correctness of the declaration so made by the erector
under sub-section (2) and to point out the shortcomings, if any, with directions to
rectify them within a specified time and if the directions of the Nominated Authority
are not complied with within the time so given, the Nominated Authority shall
remove the pandal in such manner as may be prescribed.
Power to arrange
for water during
emergency.
Duty to arrange
water supply.
Power to enter
into agreement
for water supply.
No compensation
for interruption
of water supply.
Exemption of
charges for
water consumed.
Preventive
measures.
Fire prevention
and life safety
measures in
pandals to be
self-regulatory.
25. (1) Where a notification has been issued under sub-section (1) of
section 23, it shall be lawful for the Nominated Authority to direct the removal of
encroachments or objects or goods likely to cause a risk of 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, and on failure of the owner, occupier or erector, as the case may
be, to do so, the Nominated Authority may, report the matter to the Sub-Divisional
Magistrate, in whose territorial jurisdiction the premises or building or pandal is
situated, requesting to decide the matter:
Provided that where the Nominated Authority considers such encroachments
or objects or goods to be an imminent cause of risk of fire or obstruction to
firefighting, he may direct Station House Officer having jurisdiction in the area to
seize or remove the encroachments or objects or goods forthwith and report the
matter to the Sub-Divisional Magistrate accordingly.
(2) On receipt of a report under sub-section (1), the Sub-Divisional Magistrate
shall give, by means of a notice served in such manner as he may think fit, an
opportunity of showing cause against the removal of encroachments or objects or
goods likely to cause a risk of fire or obstruction to firefighting.
(3) After giving the owner or occupier or erector, as the case may be, an
opportunity of making representation under sub-section (2), the Sub-Divisional
Magistrate after considering the representation, may withdraw the notice or make
an order to seize, detain or remove such encroachments or objects or goods.
(4) The person charged with the execution of the order as made in
sub-section (3) shall forthwith make an inventory of the objects and goods which he
seizes under such order, and shall give a notice in writing as may be prescribed in
this behalf, to the person in whose possession the objects or goods were at the time
of seizure, that the said objects or goods shall be sold as mentioned therein, if the
same are not claimed within the period stipulated in the said notice.
(5) On the failure of the person in whose possessions the objects or goods were
at the time of seizure to claim the seized objects and goods pursuant to notice given
under sub-section (4), the Sub-Divisional Magistrate shall sell such objects or goods
through public auction.
26. (1) Without prejudice to the provisions of the bye-law and any other law
for the time being in force in the Union territory, the owner or the occupier, who are
either individually or jointly responsible, of a building or part thereof as specified
in this Regulation, shall ensure and provide fire prevention and life safety measures
therein:
Provided that the owner or the occupier, as the case may be, shall—
(i) provide firefighting and life safety measures;
(ii) maintain the fire prevention and life safety measures in operational
condition at all times.
(2) Any person proposing to construct a building as mentioned in
clauses (a) and (b) of this sub-section 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 500 square
metres of floor area on adding area of all floors, educational, assembly,
institutional, business, mercantile, hazardous industry or factory,
storage;
Removal of
encroachments
or objects or
goods likely to
cause risk of fire
or any
obstruction to
firefighting.
Owner or
occupiers
liability to
provide fire
prevention and
life safety
measures.
(ii) mixed occupancies, where any of above buildings have floor
area more than 500 square metres on adding area of all floors.
(3) Notwithstanding anything contained in any law for the time being in force
in the Union territory, no authority shall issue the occupancy certificate, unless it is
satisfied that the owner or occupier, either individually or jointly, has complied with
the provisions as provided in sub-section (2).
(4) Without prejudice to the existing Building bye-laws applicable and
enforcement of bye-laws by the local authority, the owner or occupier, as the case
may be, shall obtain "fire safety certificate" from the Fire and Emergency Service
for the buildings mentioned in sub-section (2), which shall be valid for five years
from the date of issue of such certificate.
(5) The owner or occupier, as the case may be, shall furnish to the Qualified
Agency or Nominated Authority, a self-certified certificate in such form as may be
prescribed, regarding the compliance of the fire prevention and life safety measures
in his building or part thereof, as required by or under the provisions of this
Regulation while applying for fire safety certificate.
(6) The owner or occupier, after receipt of fire safety certificate, shall furnish
a certificate in such form as may be prescribed, once a year in the month of July
regarding the maintenance of fire protection system in good and efficient condition
as provided in sub-section (1).
27. (1) The Qualified Agency or the Nominated Authority, as the case may be,
shall scrutinise the compliances with regard to the requirement of section 26 made
by owners or occupiers or applicant, as the case may be, either independently or
jointly and after making necessary enquiry, if any, issue fire safety certificate within
a period of one month from the date of receipt of the application subject to the
condition that all necessary required documents, designs, drawing, and the like shall
be submitted by the owner or occupier or applicant.
(2) If the owner or occupier, as the case may be, fails to comply with the
directions issued by the Qualified Agency or the Nominated Authority, the fire
safety certificate, issued under sub-section (1), shall be cancelled after giving the
owner or occupier or applicant, an opportunity of hearing to show cause.
(3) The owner or occupier of the building or premises whose fire safety
certificate has been cancelled due to default on his part, shall not be entitled to
occupy the building or premises on the ground of non-compliance of fire prevention
and life safety measures.
(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.
(5) For the purposes of section 26 and this section, the manner of selecting the
Qualified Agency, and the responsibilities of such Qualified Agency, shall be such
as may be prescribed.
28. (1) To ensure effective fire prevention and life safety measures of the
factory or building 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-
(i) appoint a Fire Safety Officer, having such qualifications and
experience as may be prescribed;
(ii) send the compliance report to the Nominated Authority.
Fire safety
certificate.
Appointment
and functions of
Fire Safety
Officer.
(2) The Fire Safety Officer appointed under sub-section (1) shall be issued the
enrolment certificate by the Nominated Authority under his signature and seal of the
office, 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 be required to immediately appoint another
person as the Fire Safety Officer.
(4) In case of the non-appointment of the Fire Safety Officer, as provided
under sub-section (1), the Nominated Authority may take such steps as he deems
necessary, which includes report to the Labour Commissioner for the closure of the
factory and in other cases to the relevant authority for necessary action under
relevant law.
(5) The Fire Safety Officers shall undergo training at Fire and Emergency
Service Training Institute as may be identified 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, shall not be required to undergo such training.
29. (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 or contravention of fire prevention and life safety measures.
(2) The Nominated Authority shall be provided with all possible assistance by
the owner or occupier, as the case may be, of such place or building or part thereof
for carrying out the inspection under sub-section (1).
(3) The owner or occupier or any other person shall not obstruct or cause any
obstruction to the entry of a person empowered or authorised under this section into
or upon any land or building and shall not abuse such person after such entry for
inspection.
(4) When any such place or building or part thereof used as a human dwelling
is entered under sub-section (3), due regard shall be paid to the social and religious
sentiments of the occupiers, and where any flat, apartment or a part of such building
is in the actual occupancy of any woman, who, according to the custom does not
appear in public, notice shall be given to her that she is at liberty to withdraw, and
every reasonable facility shall be afforded to her for withdrawing.
(5) Where the inspection is carried out by the Nominated Authority under the
preceding provisions of this section, he shall give a report of any such inspection to
the Nominated Authority.
(6) The Nominated Authority shall, after completion of the inspection of the
place or building or part thereof under this section, record his views on the
deviations from or the contraventions of, the requirements with regard to the fire
prevention and life safety measures or the inadequacy or non-compliance of such
measures provided or to be provided therein with reference to the height of the
building or the nature of activities carried on in such place or building or part thereof
and issue a notice to the owner or occupier of such building or part thereof directing
him to undertake such measures within such time as may be specified in the notice.
30. Any person who possesses any information regarding an outbreak of fire
shall communicate the same without delay to the nearest Fire Station.
Power of
inspection.
Information on
outbreak of fire.
45 of 2023.
CHAPTER VI
APPEALS
31. (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, who is an officer not below the rank of Deputy Director, within
a period of thirty days from the date of receipt of the notice or order:
Provided that the Appellate Authority may entertain an appeal after the expiry
of the said period of thirty days if he is satisfied that there was sufficient cause for
not filing it within that period.
(2) An appeal to the Appellate Authority shall be made in such form and
manner and shall be accompanied by a copy of the notice or order appealed against
and by such fees as may be prescribed.
(3) Any person aggrieved by the order of the Appellate Authority may file an
appeal within a period of thirty days from the date of receipt of such order, to the
Second Appellate Authority and the decision of the Second Appellate Authority
shall be final and binding on the parties.
CHAPTER VII
FIRE AND EMERGENCY SERVICE TRAINING
32. (1) The existing Fire and Emergency Service Training Centre shall provide
courses of instruction in the prevention and extinguishment of fire for the fire
service personnel, private candidates and other Government and Non-Government
establishments and may close down or re-establish any such training centre in
accordance with recommendations of Standing Fire Advisory Council.
(2) The training centre referred to in sub-section (1) shall also provide training
of specialised courses to private candidates or organisations as well as the Fire and
Emergency Service of other States.
(3) The Government shall prescribe such procedure as it may deem fit for
providing a course of instruction in the prevention and extinguishment of fire.
(4) Subject to the observance of the general rules applicable to other
employees of the Government in relation to training, 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 out of India at the cost and expense of the Government.
33. (1) The Fire and Emergency Service shall render assistance and
consultations to the communities in matters related to fire prevention, in such
manner as may be prescribed.
(2) The Fire Officer as authorised by the Deputy Director shall conduct
awareness programmes on preventive measures on fire and other emergencies.
CHAPTER VIII
LEVY OF FIRE TAX, FEE AND OTHER CHARGES
34. (1) There shall be levied a fire tax on lands and buildings which are situated
in any area in which this Regulation is applicable and 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 specified.
Appeals.
Functioning of
Fire and
Emergency
Service Training
Centre.
Community
preparedness.
Levy of fire tax.
35. (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, assess, collect and enforce payment of the
fire tax in the same manner as the property tax is assessed, collected and enforced.
(2) The Government may determine and earmark such portion of the total
proceeds of fire tax to meet the cost of collection of fire tax.
(3) The net amount of fire tax collected under this Regulation reduced by the
cost of collection of the fire tax, shall be deposited as mentioned in section 37, in
such manner and at such intervals, as may be prescribed.
36. (1) Where employees of the Fire and Emergency Service are sent beyond
the limits of any area in which this Regulation is in force, in order to extinguish a
fire in the neighbourhood of such limits on the request of any local body or Fire and
Emergency Service authority, they shall be paid such fee as may be prescribed.
(2) The fee referred to in sub-section (1) shall be payable, within one month
of the service of a notice of demand, by the Deputy Director of the local body or the
Fire and Emergency Service authority, as the case may be, and if it is not paid within
that period, it shall be recoverable as an arrear of land revenue.
(3) No fee shall be levied for extinguishing the fire and rescue operations
within the Union territory.
(4) The Government shall, by notification, specify the fee for deployment of
members of the Fire and Emergency Service along with equipment and appliances
for stand-by-duty for a specific duration.
37. The proceeds of fees, fire tax and penalties recovered under this
Regulation, shall be credited to the Government account under the head "Fire
Protection and Control".
CHAPTER IX
OFFENCES, PENALTIES AND COMPENSATION
38. Whoever contravenes any provisions of this Regulation or any rule or
notification made or issued thereunder except as provided specifically in this
Regulation, shall without prejudice to any other action taken against him under this
Regulation and 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 during
which such contravention continues.
39. Whoever contravenes any provision of Chapter IV or the rules made
thereunder shall, without prejudice to any other action taken against him under this
Regulation and 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 contravention is a continuing one with a further
fine which may extend to three thousand rupees for every day after the first during
which such contravention continues.
40. Notwithstanding any action which may be taken under the provisions of
this Regulation, any member of the Fire and Emergency Service who-
(i) 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
(ii) is found to be abdication of responsibility; or
(iii) withdraws or abstains from the duties of his office without permission
or without having given previous notice for fifteen days or more; or
Mode of
assessment,
collection, etc.,
of fire tax.
Fee on
deployment of
Fire and
Emergency
Service.
Deposit of fees,
charges, fire tax
and penalties,
etc.
Penalty for
contravention of
Regulation,
other than
Chapter IV.
Penalty for
contravention of
provisions of
Chapter IV.
Violation of
duty.
(iv) being on leave fails without reasonable cause to report himself for
duty on expiration of such leave; or
(v) accepts any other employments 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.
41. (1) If any owner or occupier or an association of such owners and
occupiers of a building or premises fails to appoint Fire Safety Officers under
section 28 within a period of thirty days of the receipt of a notice given in this behalf
by the Nominated Authority each one of them shall be deemed to be in default
jointly and severally.
(2) When the person liable for appointment of such Fire Safety Officers is
deemed to be in default, such sum not less than ten rupees per square metre and not
exceeding fifty rupees per square metre of area owned or occupied by him including
in the common areas in the premises as determined by the Government under this
Regulation, may be recovered from him by way of penalty for each month of default
or part thereof.
42. Any person who without adequate justification, fails to communicate
information in his possession regarding an outbreak of fire shall be deemed to have
committed an offence punishable under section 211 of the Bharatiya Nyaya
Sanhita, 2023.
43. Whoever fails without reasonable cause to comply with any of the
requirements specified in section 23 or section 26 or makes any false declaration
towards compliance of fire prevention and life safety measure or of a direction
issued in this behalf shall be punishable with fine which may extend to ten thousand
rupees or with imprisonment for a term which may extend to three months, or with
both and where the offence is a continuing one with a further fine which may extend
to one thousand rupees for every day after the first during which such offence
continues.
44. Any person who wilfully obstructs or interferes with any member of the
Fire and Emergency Service, who is engaged in firefighting operations, shall be
punishable with imprisonment for a term which may extend to three months, or with
fine which may extend to ten thousand rupees, or with both.
45. 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.
46. Any person who removes the seal referred to in section 56, except under
an order made by the Chief Fire Officer, 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.
47. (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 was responsible to the company for the conduct of the business of the
company as well as the company, shall be deemed to be guilty of the offence and
shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such
person liable to any punishment if he proves that the offence was committed without
his knowledge or that he had exercised all due diligence to prevent the commission
of such offence.
Penalty in case
of non-
appointment of
Fire Safety
Officers under
section 28.
Penalty for
failure to give
information.
Penalty for
failure to take
precautions.
Penalty for
wilfully
obstructing
firefighting,
rescue operation.
Penalty for false
report.
Penalty for
contravention of
section 56.
Offences by
companies.
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 neglect on the part, of any director, manager, secretary or other officer of the
company, such director, manager, secretary or other officer shall also be 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, the expressions—
(i) "Company" means a body corporate and includes a firm or other
association of individuals; and
(ii) “Director", in relation to a firm, means a partner in the firm.
48. (1) Any offence committed under this Regulation, may either before or
after the institution of prosecution, be compounded by the Nominated Authority and
for such amount as may be prescribed:
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 proceedings shall be taken
against him in respect of such offence.
49. (1) No court shall take cognizance of an offence punishable under this
Regulation, except on a complaint in writing received from the Nominated
Authority in this behalf.
(2) No court inferior to that of a Judicial Magistrate of second class shall try
an offence punishable under this Regulation.
50. (1) Any person whose property catches fire on account of an action of his
own 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
fire or any action taken under section 17 of this Regulation by an officer mentioned
therein or any person acting under the authority of such officer.
(2) All claims under sub-section (1) shall be preferred to the Appellate
Authority, within a period of thirty days from the date when the damage was caused.
(3) The Appellate Authority shall, after giving an opportunity of being heard
to the concerned persons, may determine the amount of compensation and pass an
order in this regard while fixing the liability of the persons for paying such
compensation.
(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.
CHAPTER X
MISCELLANEOUS
51. The Joint Director may, with the previous 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 such terms and conditions as may be prescribed by or
under the agreement on reciprocal basis in public interest.
Compounding of
offences.
Cognizance of
offences.
Liability of
property owner
to pay
compensation.
Reciprocal
firefighting
arrangements
with other Fire
and Emergency
Service.
52. Without prejudice to the provisions of any other law on the subject, the
Government may, by notification, declare the Fire and Emergency Service as
technical service.
53. The Joint Director or any officer authorised by the Government in this
behalf may, on the occasion of a fire or other emergency in any neighbouring area
in which this Regulation is not in force, 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 such period of fire emergency or during such period as the Joint
Director may specify in this behalf.
54. It shall be lawful for the Government or any officer authorised by it in this
behalf, to employ the Fire and Emergency Service in any rescue, salvage or other
works for which it is suitable by reason of its training, appliances and equipment.
55. The Fire Officer authorised by general or special order in this behalf may,
for the purpose of discharging his duties under this Regulation, require the owner or
occupier of any building or other property as may be specified in such order, to
supply 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.
56. (1) Where an inspection under section 29 is conducted and it appears to
the Nominated Authority that the condition of any building or premises 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
or premises to remove themselves from such building or premises forthwith.
(2) If an order made by the Nominated Authority under sub-section (1) is not
complied with, the Nominated Authority may direct any police officer having
jurisdiction in the area to remove such persons from the building or premises and
such officer shall comply with such directions.
(3) After the removal of the persons under sub-section (1) or sub-section (2),
as the case may be, the Nominated Authority shall report to the Chief Fire Officer
and Chief Fire Officer shall seal the building or premises with approval of the
Director and no person shall remove such seal except under an order made by the
Chief Fire Officer with the approval of the Director.
57. In firefighting operations or any other duties relating to seizure, detention
or removal of any goods involving risk of fire, it shall be the duty of a police officer
or employees of the police force to assist and aid to the Nominated Authority in the
performance of such duties under this Regulation.
58. In the event of death of a member of the Fire and Emergency Service (other
than a Gazetted officer), while discharging his duties, the Government shall pay
adequate amount to the legal heir as funeral expenses or such amount as the
Government may, by an order, determine.
59. Every employee of the Fire and Emergency Service, acting under the
provisions of 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.
60. No suit, prosecution or other legal proceeding shall lie against any person
for anything which is in good faith done or intended to be done in pursuance of this
Regulation or any rules made thereunder.
Declaration of
Fire and
Emergency
Service as
technical
service.
Deployment to
other area.
Employment on
other duties.
Power to obtain
information.
Power to seal
building or
premises.
Police officers
and others to aid.
Death of
member of Fire
and Emergency
Service.
Officers to be
public servants.
Protection of
action taken in
good faith.
45 of 2023.
61. The Government may call for such returns, reports and statements on any
subject connected with fire prevention and fire safety, the maintenance of order and
the performance of duties by the employees of the Fire and Emergency Service and
the same shall be furnished immediately.
62. The provisions of this Regulation shall be in addition to and not in
derogation of any other law for the time being in force in the Union territory:
Provided that notwithstanding anything contained in any other law, when
anything in relation to the fire prevention and life safety measures is required to be
done or approved under this Regulation, shall not be deemed to have been
unlawfully done or approved by reason only of the fact that permission, approval or
sanction required under such other law therefor has not been obtained.
63. 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 of the officers of the Government.
64. Any amount payable under this Regulation shall be recovered as arrears of
land revenue.
65. Where the Fire Officer, who is in-charge of a firefighting or any
emergency operation requires firefighting equipment and appliance or property of
any other authority or any institution or individual, he may by order requisition such
equipment or property for the purpose of extinguishing fire or any other emergencies
in any area and take possession thereof from the authority or any institution or
individual, as the case may be.
66. 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.
67. Every rule made under this Regulation shall be laid, as soon as may be
after it is made, before each House of Parliament.
68. (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 such difficulty:
Provided that no such order shall be made after the expiry of two years from
the 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.
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.
MGIPMRND-275 GI-25.05.2026
GORAKH Digitally signed
by GORAKHA
A NATH NATH YADAVA
YADAVA 20:01:25 +05'30'
Date: 2026.05.25
Calling of
returns, reports,
statements, etc.
Application of
other laws not
barred.
Delegation of
powers.
Recovery of
dues.
Requisition of
firefighting
property.
Power to make
rules.
Laying of rules.
Power to remove
difficulties.
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