section 25
Removal of encroachments or objects or goods likely to cause risk of fire or any obstruction to firefighting
The Andaman and Nicobar Islands Fire and Emergency Service Regulation, 2026General202668 sections10 chapters
Chapter V GENERAL MEASURES FOR FIRE PREVENTION AND EMERGENCY LIFE SAFETY MEASURES
Statutory text
- (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.
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