section 25
Removal of encroachments or objects or goods likely to cause a risk of fire or any obstruction to fire fighting
The Arunachal Pradesh Fire & Emergency Services Act, 2026General202674 sections11 chapters
Chapter V GENERAL MEASURE FOR FIRE PREVENTION AND SELF REGULATION
Statutory text
Removal of encroachments or objects or goods likely to cause a risk of fire or any obstruction to fire fighting :
- (1) Where a notification has been issued under Section 23, it shall be lawful for the Director or any officer of the fire service authorized by the Government in this behalf to direct the removal of encroachments or objects or goods likely to cause a risk of fire or any obstruction to fire fighting, to a place of safety and on failure of the owner, occupier or erector, as the case may be, to do so, the Director or such officer may, after giving the owner, occupier or erector, as the case may be, a reasonable opportunity of making representation, report the matter to the District Magistrate or the Executive magistrate, in whose territorial jurisdiction the premises or building or pandal is situated, requesting to adjudicate the matter: Provided that where the Director or such Officer considers such encroachments or objects or goods to be an imminent cause of risk of fire or obstruction to fire fighting, he may direct the owner or the occupier or erector of such premises or building to remove the encroachments or objects or goods forthwith and report the matter to the District Magistrate or the Executive magistrate accordingly.
- (2) On receipt of a report under sub-section (1), the District Magistrate or the Executive magistrate shall give by means of a notice served in such manner as he may think fit, a reasonable opportunity of showing cause against the removal of encroachment or objects or goods likely to cause a risk of fire or obstruction to fire fighting may be prescribed.
- (3) After giving the owner an occupier or erector, as the case may be, a reasonable opportunity of making representation under sub-section (2), District Magistrate or the Executive magistrate may 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, at the same time, give a written notice as may be prescribed in this behalf, to the person in possession thereof at the time of seizure, that the said objects or goods will be sold as therein mentioned if the same are not claimed within the period stipulated in the said notice.
- (5) On the failure of the person in whose possession the objects or goods were at the time of seizure to claim the seized goods pursuant to notice given under sub-section (4), the District Magistrate or the Executive magistrate shall sell them accordingly by public auction.
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