Chapter IX OFFENCES, PENALTIES AND COMPENSATION

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.

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.

Notwithstanding any action which may be taken under the provisions of this Regulation, any member of the Fire and Emergency Service who—

1. (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
2. (ii) i s found to be abdication of responsibility; or
3. (iii) withdraws or abstains from the duties of his office without permission or without having given previous notice for fifteen days or more; or
4. (iv) being on leave fails without reasonable cause to report himself for duty on expiration of such leave; or
5. (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.

1. (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. (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.

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.

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.

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.

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.

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.

1. (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.
2. (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.

1. (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. (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.

1. (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. (2) No court inferior to that of a Judicial Magistrate of second class shall try an offence punishable under this Regulation.

1. (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. (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. (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. (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.