Chapter VII Chapter VII

Miscellaneous

37. On the occasion of fire or rescue or disaster in any area within the state, any member of the Services who is in charge of firefighting and rescue operations on the spot may-

1. (1) remove or order any other member of the services to remove any person who by his presence interferes with or impedes the operation for extinguishing the fire or for saving life or property;
2. (2) close any street or passage in or near which a fire is being fought and/ or rescue work is in progress;
3. (3) for the purpose of extinguishing fire and carrying out rescue operation, 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, doing as little damage as possible;
4. (4) require the authority in charge of water supply in the area to regulate the water mains so as to provide water at a specified pressure at the place where fire has broken out and, utilize the water of any stream, cistern, well or tank or of any available source of water, public or private, for the purpose of extinguishing or limiting the spread of such fire and carrying out rescue operations;
5. (5) exercise the same powers for dispersing an assembly of persons likely to obstruct the firefighting operations as of 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 police officer, in respect of the exercise of such powers;
6. (6) detain a person who willfully obstructs and hinders Assam Fire and Emergency Services personnel in firefighting or rescue operations or disaster mitigation and shall hand him over to a police officer or at the nearest police station without avoidable delay along with a brief note giving the time, date and reasons of detain; and
7. (7) generally take such measures as may appear to him to be necessary for extinguishing the fire or for the protection of life or property, or both.

38.

1. (1) Every owner and occupier or an association of such owners and occupiers of the classes of buildings or premises as notified by the Government from time to time shall appoint a Fire Safety Officer having such qualifications as may be prescribed who shall ensure the compliance of all fire prevention and life safety measures, including but not limited to effective operation, safety regulations, assessing unsafe situation or hazard in a place or at an event, recommend adequate safety measures for implementation and disaster response thereof as provided in this Act and the rules made thereunder.
2. (2) Every such owner and occupier or an association of such owners and occupiers of the classes of buildings or premises as mentioned under sub-section
3. (1) above, shall send the compliance report to the jurisdictional Fire Officer on appointment of Fire Safety Officer.
4. (3) The Fire Safety Officer appointed under sub-section
5. (1) above, shall be issued enrolment certificate in the prescribed form by the Director or any other officer authorized by him on his behalf under his signature and seal.

39. The Fire Safety Officers shall undergo fire fighting and disaster response training for at least 1(one) month at the Assam Fire and Emergency Services Training Institute: Provided that a person who has already undergone such training at the National Fire Service College, Nagpur or at any other equivalent institution recognized by the Government, may not be required to undergo such training.

40. If any owner or occupier or an association of such owners and occupiers of a building or premises fails to appoint Fire Safety Officer under section 38 within thirty days of the receipt of a notice given on this behalf by the Director or his Nominated Authority, may be punished with fine which shall not be less than twenty thousand rupees and may extend up to one lakh rupees.

1. (1) The Government shall establish and maintain one or more Fire Training Institutes under the charge of a Principal in the rank of Senior Superintendent of Police in the State to be known as the Assam Fire and Emergency Services Training Institute for providing courses of instruction in the prevention and extinguishment of fire and emergency response for the Assam Fire and Emergency Services personnel and private candidates from industries, hotels, multi-storied buildings and similar other Government and Non-Government establishments as mentioned under this Act.
2. (2) The Government may extend the training facilities at the Training Institutes to be established under sub-section
3. (1) above, to the Fire and Emergency Services under the control of local bodies and industrial undertakings as well as to the state fire services of other States on payment of charges as may be prescribed.
4. (3) Subject to the observance of the general rules applicable to other employees of the Government in relation to training, the members of the Assam Fire and Emergency Services may be given training in the field of scientific and modern techniques of fire prevention and life safety measures and allied matters in any Institute, within or outside of India at the cost and expense of the Government for the administration of the provisions of this Act.
5. (4) A Fire Officer who undergoes training as provided in sub-section
6. (3) above, shall indemnify the Government to reimburse all such expenses and costs, including the pay and allowances as may be paid to him during the course of training, if he does not serve the Assam Fire and Emergency Services for a stipulated tenure as may be prescribed.

The Director or any Fire Officer authorized by the Government on his behalf may, on the occasion of a fire or other emergency beyond territorial jurisdiction of the State of Assam in which this Act is not in force, order the dispatch of the members of the Assam Fire and Emergency Services with necessary appliances and equipment to carry out firefighting and/or rescue operations in such neighbouring areas and thereupon 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.

The Government or any officer authorized by it on his behalf may employ the members of the services in any rescue, salvage or other works for which it is suitable by reason of its training, appliances and equipment.

1. (1) Any person whose property catches fire on account of an action of his own or of his agent done deliberately or by negligence shall be liable to pay compensation to any other person suffering damage to his property.
2. (2) All claims under sub-section
3. (1) above, shall be referred to the Designated Authority, within thirty days from the date when the damage was caused.
4. (3) The Designated 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.

1. (1) The Director or any Fire Officer, authorized by general or special order on his 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 and details of property inside the premises with proper documentation or other property as may be specified, the available water supplies, available means of access and escapes thereto relating to fire and life safety and such owner or occupier shall furnish all the information in his possession forthwith.
2. (2) After outbreak of fire, if any, the owner or occupier shall furnish forthwith with the description of the property involved in fire with valid documentation.

46.

1. (1) No charge shall be made by any local authority for water consumed in firefighting operations by the Assam Fire and Emergency Services.
2. (2) The Director or Fire Officer at the fire-fighting operations shall draw water from any source in the area which he considers necessary during fire-fighting operations and on such occasions as may be required and the Authority or owner or occupier having control over such water source shall supply water for that purpose at such rates as may be prescribed.
3. (3) The Director or Fire Officer may require local authority or any other authority responsible for supply of water in the area under their jurisdiction to take such measures as may be necessary to provide and maintain arrangements to make available adequate supply of water required for fire fighting on such terms and conditions as may be prescribed.
4. (4) The Director or Fire Officer may enter into an agreement with an agency for meeting demand of water supply and emergent need of water as per the procedures and terms and conditions for the payment to the third party as prescribed under the rules.

47. No authority in charge of water supply in any area shall be liable to any claim for compensation for damage by reason of any interruption of supply of water occasioned only by compliance of such authority with the requirement specified in sub-section

1. (4) of section 37.

48. It shall be the duty of police officers of all ranks, Government and private agencies or person to assist the members of the service in fire fighting and rescue operations or any duties relating to seizure, detention or removal of any goods involving risk of fire.

49. Any person who without reasonable cause fails to communicate information in his possession regarding an outbreak of fire or any other emergency shall be deemed to have committed an offence punishable with fine which shall not be less than ten thousand rupees and may extend up to fifty thousand rupees.

50.

Penalty for willfully obstructing the firefighting and rescue operations 51.

1. (1) Any person who willfully obstructs or interferes with any member of the services who is engaged in firefighting or rescue operations shall be punished with fine which shall not be less than fifty thousand rupees and may extend upto two lakhs rupees.
2. (2) Any person who assaults or causes injury to any official of the Assam Fire and Emergency Services or its property during firefighting or rescue operation shall be punishable with fine which shall not be less than one lakh rupees and may extend up to five lakhs rupees.

52. Any person who knowingly gives or causes to be given a false report of the outbreak of a fire or other emergency to any person authorized to receive such report by means of a statement, message or otherwise shall be punishable with fine which may extend up to ten thousand rupees.

53.

1. (1) In order to develop awareness among the population on the general aspects of fire and life safety including disaster mitigation and the response thereto it shall be the responsibility of in-charge of fire station alongwith the other stakeholders such as District Disaster Management Authority (DDMA), Civil Defence Volunteers and Village Defence Party to conduct community awareness programs by way way of mock drills, lecture and demonstration concerning fire fighting and rescue techniques, organizing group discussion amongst stake holders etc. to prepare a more resilient community for an orderly response in times of emergency.
2. (2) A monthly report of all such activities carried out under sub-section
3. (1) above, shall be submitted to the Director.

54. Every member of the Assam Fire and Emergency Services shall be considered to be always on duty and is bound at any time to attend at any place and to any duty relevant to the service within or outside the State.

55.

Auxiliary Fire and Emergency Services 56.

1. (1) Whenever it appears to the Government that it is necessary to augment the Assam Fire and Emergency Services in the interest of public safety, they may raise an Auxiliary Fire and Emergency Service by enrolment of volunteers for such areas and on such terms and conditions as may be notified by the Government from time to time.
2. (2) Every member of the Auxiliary Fire and Emergency Services enrolled under sub-section
3. (1) above, shall:-
   • (a) receive a certificate in the form as may be prescribed;
   • (b) be vested with all or any of the powers, functions and privileges of a member of the Assam Fire and Emergency Services under this Act; and
   • (c) be subject to the orders of the Director

57.

1. (1) Any offence whether committed before or after the commencement of this Act or any rule made under this Act, be compounded by such officers of the Assam Fire and Emergency Services and for such amount as the Government may, by notification in the Official Gazette, specify on this behalf: Provided that no offence shall be compoundable that 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
3. (1) above, no further proceedings shall be taken against the offender in respect of such offence.

58.

1. (1) The State Government, for the purposes of determining the penalties under sections 26, 27, 28, 29, 33, 35, 40, 49, 50, 51 and 52 may, by an order, authorise officers of Assam Fire and Emergency Services, not below the rank of District Fire Officer having such jurisdiction, to be the Adjudicating Officer for holding inquiry and imposing penalty under the provisions of this Act in the manner as may be prescribed.
2. (2) The Adjudicating Officer may summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document, which in the opinion of the Adjudicating Officer, may be useful for, or relevant to, the subject matter of the inquiry and if, on such inquiry, he is satisfied that the person concerned has failed to comply with the provisions of this Act as mentioned in sub-section
3. (1) above, he may impose such penalty as he thinks fit in accordance with the provision of this Act: Provided that no such penalty shall be imposed without giving the person concerned a reasonable opportunity of being heard.
4. (3) Whoever, is aggrieved by the order, passed by the adjudicating officer under sub-section
5. (1) of this section, may prefer an appeal to the Regional Fire Officer, Assam within a period of thirty days from the date of receipt of such order in such form and manner as may be prescribed.
6. (4) An appeal may be admitted after the expiry of the period of thirty days, if the appellant satisfies the Appellate Authority that he had sufficient cause for not preferring the appeal within that period.
7. (5) No appeal shall be disposed of unless the appellant has been given a reasonable opportunity of being heard.
8. (6) An appeal under sub-section
9. (3) above, shall be disposed of within sixty days from the date of filing.

59.

1. (1) No suit, prosecution or other legal proceeding shall lie against any member of the service for anything which is in good faith done or intended to be done in pursuance of this Act or rules made thereunder.
2. (2) Such plea may be proved by the production of the order directing the act and if it is so proved, the member of the force thereupon shall be discharged from liability in respect of the act so done by him.

60.

1. (1) In the event of death of or permanent injury to a member of the services (other than a Gazetted officer), dying while on 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.
2. (2) In the event of death or permanent injury to a member of the services while on fire fighting and rescue operations, the Government shall pay ex-gratia at a rate as may be prescribed.