Chapter VIII OFFENCES AND PENALTIES

Offences and penalties : Whoever contravenes any provision specified under the provisions of the Act is liable for penalties as prescribed in the Act and Rules.

Penalties for violation of provisions of Chapter - IV (Water Supply) : Whoever contravenes any provision of this Chapter shall, without prejudice to any other action taken against him under this Act and rules made thereander, 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 everyday after the first during which such offence continues.

Liability of property owner to pay compensation :

1. (1) Any person whose property catches fire on account of an action of his own or of his agent done deliberately or negligent shall be liable to pay compensation to any other person suffering damage to his property on account of any action taken under this Act by an officer mentioned therein or any person acting under the authority of such officer.
2. (2) All claims under sub-section
3. (1) shall be preferred to the Appellate Authority, within thirty days from the date when the damage was caused.
4. (3) The Appellate Authority, shall, after giving the party an opportunity of being heard determine the amount of compensation due and pass an order stating such amount and the person liable for the same and the order so passed shall have the force of a decree of a civil court.

Failure to give information - Any person who without just cause fails to communicate information in his possession regarding an outbreak of fire shall be deemed to have committed an offence punishable under the section 211 of BNS 2023.

Failure to take precautions - Whoever fails without reasonable cause to comply with any of the requirements specified in a notification issued under sub-section

1. (2) of Section 23 or of a direction issued under sub-section
2. (2) of that section 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 five hundred rupees for every day after the first during which such offence continues.

Penalty for willfully obstructing the fire fighting rescue operations : Any person who willfully obstructs or interferes with any member of the fire 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.

False report : Any person who knowingly gives or causes to be given a false report of the outbreak of a fire to any person authorized to receive such report by means of a statement, message or otherwise shall be punishable with imprisonment which may extend three months or with fine which may extend to five thousand rupees, or with both.

General provision for punishment for offence : Whoever contravenes any provision of this Act or of any rule or notification made thereunder shall, without prejudice to any other action taken against him under this Act and the rules made thereunder, 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 five hundred rupees for everyday after the first during which such offence continues.

Offences by companies :

1. (1) Where an offence under this Act 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
3. (1) where any offence under this Act 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 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 :

1. (1) Any offence whether committed before or after the commencement of this Act punishable under Section 44, 46, 47, 48, 49, 50, 66, 67 or any rule made under this Act, may either before or after the institution of prosecution, be compounded by such officers of the fire service and for such amount as the Government may, by notification in the Official Gazette, 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 authorized under this Act and until the same has been complied with so far as the compliance is possible.
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.

Bar of jurisdiction of Court : No court shall entertain any suit, application or other proceedings in respect of any notice or order under this Act and no such notice or order shall be called in question otherwise than by preferring an appeal under this Act.

Cognizance of prosecution :

Jurisdiction Jurisdiction : No court inferior to that of a Chief Judicial Magistrate shall try an offence punishable under this Act.

Protection of action taken in good faith : No suit, prosecution or order legal proceedings shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or any rules made there under.