Chapter VI Chapter VI

Provisions for the Fire Prevention and Life Safety Measures in buildings and premises in the State

31. Notwithstanding anything to the contrary contained in this Act, the buildings as mentioned under section 20 shall be governed by the provisions for the fire prevention and life safety measures as required under the Bye-laws and National Building Code of India on fire and life safety as amended from time to time.

32.

1. (1) The Nominated Authority may enter any building or premises or pandals or a temporary structure specified under sub-section
2. (1) of section 20 for the purpose of determining whether fire prevention and life safety measures against fire is required to be taken under this Act or rules or if any regulation or order or circular on such place have been taken or not.
3. (2) The Nominated Authority shall also give a report of any inspection made by him under sub-section
4. (1) above, to the Director in such manner as may be prescribed.
5. (3) Save as otherwise expressly provided in this Act, no claim shall be admissible against any Fire Officer or member of the services for compensation against any damage necessarily caused by for any entry made under sub-section
6. (1) above.

33.

1. (1) The Nominated Authority may, after giving three hours notice to the owner or occupier of any existing, newly constructed or under construction buildings or place or premises, enter and inspect the said building or place or premises at any time between sunrise and sunset where such inspection appears necessary for ascertaining the adequacy or contravention of fire prevention and life safety measures: Provided that the Nominated Authority may enter into and inspect any building or place or premises at any time if it appears to it to be expedient and necessary to do so in order to ensure safety of life and property.
2. (2) The Nominated Authority shall be provided with all possible assistance by the owner or occupier, as the case may be, of the building or place or premises for carrying out the inspection under sub-section
3. (1) above.
4. (3) When any building or premises used as a human dwelling is entered under sub-section
5. (1) above, due regard shall be paid to the social and religious sentiments of the occupiers and before entering any apartment or building in the actual occupancy of any woman, who, according to the custom does not appear shall be given to her that she is at liberty to withdraw, and every reasonable facility shall be afforded to her for withdrawing.
6. (4) The Nominated Authority after completion of the inspection of the building or premises or part thereof under sub-section
7. (1) above, may record his views on the deviations or contraventions of fire prevention and life safety measures, or the inadequacy or non-compliance of such measures provided or to be provided therein with reference to the height, area and fire hazards of the building or premises or the nature of activities carried on in such building or premises or part thereof, shall serve a notice to the owner or occupier of such building or premises or part thereof directing him to undertake such measures within such time as may be specified in the notice: Provided that in case of existing buildings, the construction of which was completed or occupied before the commencement of this Act, the Director may consider exemptions from the condition prescribed under this Act in case of practical difficulty or to avoid unnecessary hardships, without sacrificing reasonable safety with reasons to be recorded in writing.
8. (5) If the owner or occupier of the building fails to comply with the notice directing him to undertake fire prevention and fire protection measures under sub-section
9. (4) of this section, without reasonable cause, the Director or any officer authorized by him on his behalf shall take necessary steps to cancel the trade license or Fire Safety Certificate and take necessary steps to disconnect the power supply to the building or premises or part thereof and declare them as unsafe for occupancy.
10. (6) Notwithstanding any action under sub-section
11. (5) above, or any other action under this Act or rules made thereunder, the Director or any officer authorized by him on his behalf shall where the threat to life or property is so imminent seal the building in the public interest.
12. (7) Any attempt by any person to remove the seal other than the person authorized by the Director on his behalf shall be an offence and shall be punishable with fine which shall not be less than fifty thousand rupees and may extend up to one lakh rupees.
13. (8) Any buildings or group of buildings or part thereof declared unsafe under sub-section
14. (5) above, shall be restored by necessary repair or retrofitting or providing fire prevention and life safety measures as the case may be within a reasonable time failing which the matter shall be referred by the Director to the local authority for taking action including demolition under the law.

34. The Nominated Authority shall, after the completion of the inspection of the building or place or premises as laid under section 33 shall give a report of the inspection made by him to the Director, in such form and manner as prescribed.

35.

1. (1) Where on receipt of a report from the Nominated Authority under sub-section
2. (2) of section 27 or under sub-section
3. (2) of section 32 or section 34 or suo moto, it appears to the Director or any Fire Officer authorized by him on his behalf that the condition of any building or place 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.
4. (2) If an order made by the Director or any Fire Officer authorized by him on his behalf under sub-section
5. (1) above is not complied with, the Director or any Fire Officer authorized may,
   • (i) recommend to the concerned authority to cancel the trade license and disconnect the power supply as the case may be and such authority shall comply with such recommendation; and
   • (ii) direct any police officer having jurisdiction in the area to remove such persons from the building or premises and such officer shall comply with such directions.
6. (3) After the removal of the persons under sub-section
7. (1) or sub-section
8. (2) above, as the case may be, the Director or any Fire Officer authorized by him on his behalf shall seal the building or premises.
9. (4) No person shall remove such seal except under an order made by the Director or his authorized officer.
10. (5) Any person who removes such seal except under an order made by the Director shall be punishable with fine which shall not be less than fifty thousand rupees and may extend up to one lakh rupees.

36.

1. (1) Any person aggrieved by any notice or order issued or made under the provisions of this Act, may prefer an appeal against such notice or order to the Appellate Authority within thirty days from the date of the notice or order appealed against: Provided that the Appellate Authority may entertain an appeal after the expiry of the said period of thirty days if he is satisfied that there was sufficient cause for not filing it within that period.
2. (2) An appeal to the Appellate Authority shall be made in such form and shall be accompanied by a copy of the notice or order appealed against and by such fees as may be prescribed.
3. (3) An order of the Appellate Authority on an appeal under sub-section
4. (1) above, shall be final.