Chapter XI MISCELLANEOUS

Reciprocal Fire-fighting arrangements with other Fire Service : The Director may, with the previous sanction of the Government enter into an agreement with any fire service or the authority which maintains the said fire service, beyond the limits of any area in which this Act is in force for providing personnel or equipment or both, for Firefighting purposes, on such terms as may be provided by or under the agreement on reciprocal basis in public interest.

Declaration of Fire Service to be an essential service to the community :

1. (1) Without prejudice to the provisions of any other law on the subject for the time being in force, the State Government may, by notification in the Official Gazette, declare the Fire and Emergency Services to be an essential service to the community.
2. (2) A declaration made under sub-section
3. (1) shall remain in force for six months in the first instance, but may be extended from time to time by a like notification.
4. (3) Upon a declaration being made under sub-section
5. (1) and so long as it remains in force, it shall be the duty of every fire officer to obey an order given by any superior officer in relation to any employment in connection with the service specified in the declaration.

Special promotion to the subordinate operational staff :To encourage outstanding sportsmen, marksmen, officers who have shown exceptional gallantry and devotion to duty in saving the life and property, the Director may, with the prior approval of the Government, promote such officers out of turn to the next higher rank provided vacancies exists. Such promotions shall not exceed ten percent of the sanctioned strength in such ranks.

Deployment to other area Deployment to other area : The Director or any fire officer authorized by the Government in this behalf may, on the occasion of a fire or other emergency in any neighbouring area in which this Act is not in force, order the dispatch of the members of the fire service with necessary appliances and equipment to carry out fire fighting operations in such neighbouring area and there upon all the provisions of this Act and the rules made thereunder shall apply to such areas, during the period of fire emergency or during such period as the Director may specify on such charges as may be prescribed from time to time.

Employment on other duties : It shall be lawful for the Government or any officer authorized by it in this behalf, to employ the fire service in any rescue, salvage or other works for which it is suitable by reason of its training, appliances and equipment.

Power to obtain information : The Director or any fire officer, authorized by general or special order in this behalf may, for the purpose of discharging his duties under this Act, require the owner or occupier of any building or other property as may be specified to supply information with respect to the character of such building or other property as may be specified, the available water supplies and means of access thereto any other material particulars, and such owner or occupier shall furnish all the information in his possession.

Power to seal buildings or premises :

1. (1) Where, on receipt of a report from the nominated authority under sub-section
2. (1) of Section 26, or suo-moto, it appears to the Director that the condition of any building or premises is dangerous to life or property, he shall, without prejudice to any action taken under this Act, by order, require the person in possession or occupation of such building or premises to remove themselves from such building or premises forthwith.
3. (2) If an order made by the Director under sub-section
4. (1) is not complied with, the Director may request the District Magistrate or Executive magistrate to direct any police officer to serve notice to the defaulter having jurisdiction in the area to remove such persons from the building or premises and such officer shall comply with such directions.
5. (3) After the removal of the persons under sub-section
6. (1) or sub-section (2), as the case may be, the Director shall seal the building or premises.
7. (4) No person shall remove such seal except under an order made by the Director.
8. (5) Any person, who removes such seal except under an order made by the Director, shall be punishable with imprisonment for a term of three months or fine which may extend to twenty-five thousand rupees, or with both.

Police officers and others to aid - Every Police Officer, Government and Private agency or person is bound to assist the members of the Fire and Emergency Services reasonably demanding his or its aid in the execution of their duties under this Act

Fire service functioning in Arunachal Pradesh immediately before the commencement of this Act to be deemed to be Fire Service Constituted under this Act - Without prejudice to the provisions contained in any other law for the time being in force.

1. (a) the fire service functioning in Arunachal Pradesh before the commencement of this Act (hereafter in this section referred to as "the existing The Arunachal Pradesh Fire and Emergency Service") shall, on such commencement, be deemed to be the Fire Service constituted under this Act and every member of the existing Arunachal Pradesh Fire and Emergency Services holding the office, shall be deemed to be appointed and to hold the office, under this Act;
2. (b) all proceedings pending before any fire officer of the existing Arunachal Pradesh Fire and Emergency Services immediately before the commencement of this Act be deemed to be proceedings pending before him in his capacity as the holder of the office to which he is deemed to be appointed under clause
3. (a) and shall be dealt with accordingly.

Death of member of fire service : In the event of a member of the Fire service (other than a Gazetted Officer), dying while on active duty, the State Government shall pay adequate amount to the next of kin as funeral expenses or such amount as the State Government may by an order determine as per guideline for the time being in force.

Officers to be public servants : Every officer acting under the provisions of this Act shall be deemed to be a public servants within the meaning of Section 2

1. (28) of the Bharatiya Nyaya Sanhita.

Power to make rules :

1. (1) The State Government may by notification in the Official Gazette, make rules for carrying out the provisions of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for -
   • (a) form of certificate of appointment and Fire officer under whose seal such certificate of appointment shall be issued under sub-section
3. (1) of Section 13;
   • (b) Recruitment, and the pay, allowances and all other conditions of service of the members of the Arunachal Pradesh Fire and Emergency Services under clause
   • (b) of Section 5;
   • (c) Constitution of Zonal offices
   • (Fire) under clause
   • (a) of Section 10;
   • (d) Constitution of Fire stations under clause
   • (b) of Section 10;
   • (e) The minimum standards for Fire Prevention and Fire Safety measures for the purposes of Section 26;
   • (f) Form of declaration/verification under sub-section
4. (2) of Section 24;
   • (g) Form of notice under sub-section
5. (2) of Section 25;
   • (h) Form of appeal and fees under Section 39 including procedure to be followed during hearing;
     • (i) Mode of assessment, collection and enforcement of payment of Fire tax levied under Section 40 and 41;
   • (j) Manner in which Fire Tax collected under section 41 shall be paid to State Government;
   • (k) Fee on deployment of Fire Service beyond the limits of Arunachal Pradesh under sub-section
6. (2) of Section 42;
   • (l) Terms for reciprocal fire fighting arrangements with other Fire Services under Section 60;
   • (m) Charges for extending training facilities at Fire Safety Management Academy to others under sub-section
7. (2) of Section 57;
   • (n) Officers of the Fire Service, and the amount for compounding of offences under sub-section
8. (1) of Section 52;
   • (o) Making available to the Fire and Emergency Services with such, appliances and equipment as it deems proper;
   • (p) The adequate supply of water to securing that it shall be available for use;
   • (q) Constructing or providing Fire Stations or hiring places for accommodating the members of the Fire and Emergency Services and its fire fighting appliances;
   • (r) Giving rewards to persons who have given notice of fires and to those who have rendered effective service to the Fire and Emergency Services on the occasion of fires; The training, discipline and good conduct of the members of the Fire and Emergency Services.
   • (t) Speedy attendance of members of the Fire and Emergency Services with necessary appliances and equipment on the occasion of any alarm of fire;
   • (u) Regulating and controlling the powers, duties and functions of the Director;
     • (v) Generally, for the maintenance of the Fire and Emergency Services in a due State of efficiency;
   • (w) Regulating installation of pandals and shamianas ;
     • (x) Writing of confidential reports of Fire Officers;
   • (y) Determining the description and quantity of fire fighting and rescue equipment including appliances clothing and other necessaries to be furnished to the Fire Service;
   • (z) Institution, management and regulation of any Fire and Emergency Services fund for any purpose connected with policy administration;
   • (za) Procedure for appointment of Fire Safety Officer under Section 28.
   • (zb) Assigning duties to Fire officers of all ranks and grades and prescribing the manner in which and the conditions subject to which, they shall exercise and perform their respective powers and duties;
   • (zc) Generally, for the purposes of rendering the Fire and Emergency Services efficient and preventing abuse or neglect of their duties; and
   • (zd) Any other matter which is required to be, or may be, provided by rules.
9. (3) Every rule made by the Government under this Act shall be laid as soon as may be after it is made before the House of the Legislative Assembly of Arunachal Pradesh while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, the House of the Legislative Assembly agrees in making any modifications in the Rules or the House of the legislative Assembly agrees that the Rules should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that Rules.

Delegation of powers :

1. (1) The State Government may by notification in the Official Gazette direct that any power exercisable by it under this Act shall, subject to such conditions, if any, as may be specified in the notification be exercisable by any of the officers of the Government.
2. (2) The Director may, by order, direct that any power conferred or any duty imposed on him by or under this Act shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercised and, performed also by any officer of the fire service specified in the order.

Repeal and savings : The Arunachal Pradesh Fires Service Force Act, 1991 (Act No. 1 of 1991) is hereby repealed.

Power to remove difficulties Power to remove difficulties :

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for removing the difficulty.
2. (2) Every order made under this section shall be laid, as soon as may be after it is issued, before the Legislative Assembly of Arunachal Pradesh.