Bare Act
The Arunachal Pradesh Fire Service Force Act, 1991
1. Short title, extent and commencement
Short title, extent and commencement.—
- (1) This Act may be called the Arunachal Pradesh Fire Service Force Act, 1991.
- (2) It shall extend to the whole of the Union territory of Arunachal Pradesh.
- (3) It shall come into force on such date as the Administrator may, by notification in the Official Gazette, appoint.
2. Definitions
Definitions.— In this Act, unless the context otherwise requires,—
- (a) "Fire-fighting property" includes—
- (i) lands and buildings used as fire stations;
- (ii) fire-engines, equipment, tools, implements and things whatsoever used for fire-fighting;
- (iii) motor vehicles and other means of transport used in connection with fire-fighting;
- (iv) uniforms and badges of rank;
- (b) "Fire station" means any post or place declared, generally or specially, by the Administrator to be a fire station;
- (c) "Force" means the Arunachal Pradesh Fire Service Force constituted under this Act;
- (d) "Officer-in-charge" includes any officer appointed by the Director to be incharge of a fire station or a fire-fighting operation;
- (e) "Prescribed" means prescribed by rules made under this Act;
- (f) "Wire-house" means any building or place where fire-fighting equipment and tools are kept;
- (g) "Workshop" means any place where fire-fighting appliances are repaired or maintained.
3. Maintenance of Fire Service
Maintenance of Fire Service
- (1) There shall be maintained by the State Government a Fire Service to be called the "Arunachal Pradesh Fire Service" for the whole of the State of Arunachal Pradesh.
- (2) Subject to the provisions of this Act and the rules made thereunder, the administration of the said Fire Service shall vest in the Director and shall be carried on by him in accordance with the provisions of this Act and of any rules made thereunder.
4. Appointment of members of Fire Service
Appointment of members of Fire Service
- (1) The State Government may appoint a person to be the Director of Fire Service.
- (2) The State Government may appoint such other persons as it thinks fit to be members of the Fire Service.
- (3) Subject to the provisions of this Act, the conditions of service of the members of the Fire Service shall be such as may be prescribed.
5. Superintendence and control of the Force
Superintendence and control of the Force.
- (1) The superintendence and control of the Force shall vest in such person or authority as the State Government may by Notification in the Official Gazette specify in this behalf.
- (2) Subject to sub-section (1), the administration of the Force throughout the State shall be vested in the Director of Fire Service and such other officers as the State Government may think fit to appoint.
6. Appointment of Director of Fire Service
Appointment of Director of Fire Service.
7. The State Government may appoint a person to be the Director of Fire Service for the State.
Powers of members of Fire Service on occasion of fire Powers of members of Fire Service on occasion of fire.—(1) On the occasion of a fire in any area, any member of the Fire Service who is in charge of fire-fighting operations on the spot may—
- (a) remove, or order any other member of the Fire Service to remove, any persons who by their presence interfere with or impede the operations for extinguishing the fire or for saving life or property;
- (b) close any street or passage in or near which a fire is burning;
- (c) by himself or those acting under his orders, break into or through, or pull down, any premises for the passage of hose or appliances or cause them to be broken into or through, or pulled down, for the purpose of extinguishing the fire;
- (d) require the authority incharge of water mains and pipes in any area to regulate the water mains and pipes so as to provide water at a specified pressure at the place where the fire has broken out and utilize the water of any stream, cistern, well or tank;
- (e) exercise the same powers for dispersing an assembly of persons likely to obstruct the fire-fighting operations as if he were an officer-in-charge of a police station and as if such an assembly were an unlawful assembly and shall be entitled to the same immunities and protection as such an officer, in respect of the exercise of such powers;
- (f) generally take such measures as may appear to him to be necessary for extinguishing the fire or for the protection of life or property.
- (2) Any damage done on the occasion of fire by members of the Fire Service in the due discharge of their duties shall be deemed to be damage by fire within the meaning of any policy of insurance against fire.
8. Powers of Director of Fire Service to enter into arrangements for assistance
Powers of Director of Fire Service to enter into arrangements for assistance.—(1) The Director of Fire Service may, with the previous sanction of the State Government, enter into arrangements with any person or authority who employs and maintains fire-fighting forces, or who owns or occupies any property or premises in any area for the requisite assistance in fighting fires or for the grant of rewards for efficient discharge of fire-fighting duties.
- (2) Every person or authority entering into any arrangement under sub-section
- (1) shall be bound to render such assistance as may be provided for in the arrangement.
9. Power of Director of Fire Service to obtain information
Power of Director of Fire Service to obtain information.—The Director of Fire Service or any member of the Fire Service Force empowered by him in this behalf may require the owner or occupier of any building or other property to furnish information with respect to the character of such building or other property, the available water supplies and the means of access thereto and such other particulars as he may deem necessary for the purpose of this Act.
10. Penalty for violation of duty etc
Penalty for violation of duty etc.—Any member of the Fire Service Force who—
- (a) is found to be guilty of any violation of duty or willful breach of any provision of this Act or any rule or order made thereunder ; or
- (b) is found to be guilty of cowardice ; or
- (c) withdraws from the duties of his office without permission ; or
- (d) being absent on leave, fails without reasonable cause to report himself for duty on the expiration of such leave ; or
- (e) accepts or solicits any other employment or office in contravention of the provision of section 7 ; or
- (f) intentionally or negligently causes damage to or loss or misuse of any fire fighting appliance or equipment ; or
- (g) is guilty of any form of indiscipline or misbehaviour ; shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to three months' pay, or with both.
11. Penalty for failure to give information
Penalty for failure to give information. Any person who, without just cause, fails to give information to the Director or any fire officer on the occasion of a fire or on any other occasion, requiring to give such information for the purpose of this Act, shall be punishable with fine which may extend to five hundred rupees.
12. Penalty for wilful obstruction of fire-fighting operations
Penalty for wilful obstruction of fire-fighting operations. Any person who wilfully interferes with, or obstructs, any member of the Force in the performance of his duty shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.
13. Penalty for false report
Penalty for false report Any person who wilfully makes, or causes to be made, a false report of the outbreak of a fire to any member of the Fire Service or to any Fire Station, shall, on conviction, be punishable with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.
14. Training of members of Fire Service
Training of members of Fire Service
- (1) The Director or such other Fire Officer as the Director may think fit, shall provide for the training of members of the Fire Service in such manner and by such subjects as may be prescribed.
- (2) Every member of the Fire Service shall undergo such training as may be prescribed.
15. Limitation of employment of Fire Service
Limitation of employment of Fire Service.—
- (1) No member of the Fire Service shall be employed for any purpose other than those connected with the firefighting service, search and rescue operations or such other duties as may be assigned to him by the Director or such other officer as may be authorised by him in this behalf.
- (2) Notwithstanding anything contained in sub-section (1), the State Government or any officer authorised by it may employ the members of the Fire Service—
- (a) in any rescue or relief work which the Government may consider desirable in the event of any natural calamity;
- (b) in such other duties as may be prescribed.
16. Indemnity
Indemnity.— No suit, prosecution or other legal proceeding shall lie against any person in the service of the Government for anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder.
17. Power to make rules
Power to make rules.—
- (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
- (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
- (a) the number and grades of officers and members of the Fire Force;
- (b) the manner of appointment of the members of the Fire Force;
- (c) the form of the certificate of appointment;
- (d) the conditions of service of the members of the Fire Force;
- (e) the circumstances in which and the conditions subject to which members of the Fire Force may be dispatched to carry on fire fighting operations in neighbouring areas;
- (f) the conditions under which members of the Fire Force may be employed on fire prevention and other duties;
- (g) the qualifications for, and the method of recruitment to, the Fire Force;
- (h) the grant of rewards and other financial assistance to persons for rendering services for the purpose of this Act;
- (i) the compensation payable to members of the Fire Force in case of accidents or to their dependants in case of death;
- (j) the procedure to be followed by the officer in charge of a fire station in dealing with the information as to the outbreak of fire;
- (k) the method of conducting inquiries into the causes of fire and the conduct of the members of the Fire Force;
- (l) the uniform and badges of rank of the members of the Fire Force;
- (m) the maintenance of fire-units and equipment; and
- (n) any other matter which is to be, or may be, prescribed.
- (3) Every rule made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly, 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 Legislative Assembly agrees in making any modification in the rule or the Legislative Assembly decides that the rule 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 rule.
18. Power to remove difficulties
Power to remove difficulties.— 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 appear to it to be necessary or expedient for removing the difficulty:
19. Provided that no order shall be made under this section after the expiry of two years from the commencement of this Act.
Repeal and saving -1 19. Repeal and saving:
- (1) The Assam Fire Service Act, 1956 (Assam Act No. 19 of 1956) as extended to the Union Territory of Arunachal Pradesh is hereby repealed.
- (2) Notwithstanding such repeal, anything done or any action taken under the said Act shall be deemed to have been done or taken under the corresponding provisions of this Act.
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