The Assam Fire and Emergency Services Act, 2025

The Director shall, subject to the superintendence and control of the State Government, direct and regulate all matters of fire prevention, firefighting equipment, machinery and appliances, training, observation of persons and events, mutual relations, distribution of duties, study of laws, orders and modes of proceedings and all matters of executive details or matters relating to fulfillment of duties and maintenance of discipline of Fire officers and members of the Services under him in such manner as may be prescribed.

1. (1) The Government may in consultation with the Director, Assam Fire and Emergency Services issue notification in the Official Gazette constituting such Fire regions, where each region shall be under the charge of a Regional Fire Officer of the rank of Senior Superintendent of Police as may be required based on administrative and operational reasons or requirement comprising of such Fire districts as may be deemed necessary.
2. (2) The Government may also constitute any other Fire region or divide any Fire region comprising of such Fire districts as may be necessary for effective response and as may be notified from time to time.
3. (3) Each such fire districts shall be given under the charge of a District Fire Officer in the rank of Deputy Superintendent of Police or Additional Superintendent of Police based on administrative and operational reasons.
4. (4) The Government may for effective response divide Fire districts into fire stations by notification defining the jurisdiction of such fire stations and shall place each such fire station under the charge of a Senior Station Officer or Station Officer based on administrative and operational reasons.
5. (5) Each fire district shall have such equipment and special appliances as may be necessary to provide reinforcement to firefighting or rescue or disaster mitigation efforts of the fire stations in the area.
6. (6) The Director, Assam Fire and Emergency Services for the effective functioning of the Assam Fire and Emergency Services shall constitute a Fire Prevention Section, Motor Transport Section, Communication Section, Administrative Section and any other Section at the Assam Fire and Emergency Services Headquarters and at the Regional and Fire District Level.
7. (7) The Government shall by notification published in the Official Gazette constitute any other section that may be required for the implementation of this Act from time to time.

1. (1) Every member of the service shall on enrolment, receive a Certificate of Appointment.
2. (2) The Certificate shall be issued under the seal of such officer and shall be in such form as may be prescribed.
3. (3) A Certificate of Appointment shall become null and void when the person named therein ceases to belong to the services or shall become inoperative during the period such person is suspended from the services.

Control and Discipline of Assam Fire and Emergency Services

The Government may call for such returns, reports and statements on any subject connected with fire prevention and life safety, maintenance of order and the performance of duties by the Director or any other Fire Officers, and the same shall be furnished immediately.

Every Fire Officer shall for all purposes of this Act be deemed to be always on duty and any Fire Officer or any member of the Service or crew of Fire Officers allocated for duty in any part of the State may, if the Director so directs, at any time, be employed on turn out duty in any other part of the state for so long as the services of the Fire Officer or any member of Services or crew of Fire Officers may be required in such other part of the State.

11.

1. (1) Without prejudice to the provisions of any other law on the subject for the time being in force, the Government may, by notification in the Official Gazette, declare the Assam Fire and Emergency Services to be an essential service to the community.
2. (2) A declaration made under sub-section
3. (1) above, shall remain in force for the time period as notified by the Government and may be extended from time to time by a like notification.
4. (3) Upon a declaration being made under sub-section
5. (1) above 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 services specified in the declaration.

12. Notwithstanding any action which may be taken under the provisions of this Act, any member of the services who-

1. (1) 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 there under; or
2. (2) is found to be guilty of cowardice; or
3. (3) withdraws or abstains from the duties of his office without permission; or
4. (4) being absent on leave fails without reasonable cause to report himself for duty on expiration of such leave; or
5. (5) accepts any other employment or office or engages himself in business in contravention of the provision of the Assam State Civil Services (Conduct) Rules, 1965. shall be punishable with penalty as specified in the Assam Services (Discipline and Appeal) Rules, 1964.

13. The powers, functions and privileges vested in a Fire Officer shall remain suspended while such Fire Officer is under suspension from office: Provided that notwithstanding such suspension, such person shall not cease to be a Fire Officer and shall continue to be subject to the control of same authorities to which he would have been if, he had not been under suspension.

14.

1. (1) No member of the Assam Fire and Emergency Services shall, without the previous sanction in writing of the Government or of the prescribed authority,-
   • (a) be a member of, or be associated in any way with, any union, labour union, political association or with any class of trade union, labour union or political association;
   • (b) be a member of, or be associated in any way with any social institution, association, or organization that is not recognized as a part of the Assam Fire and Emergency Services or is not purely of a social, technical, recreational or religious nature; or
   • (c) communicate with the press or publish or cause to be published any book, letter or other document except where such communication or publication is in the bona-fide discharge of his duties or is of a purely literary, artistic or scientific character. Explanation: If any question arises as to whether any society, institution, association, organization is of a purely social, technical, recreational or religious nature under clause
   • (b) above of this sub-section, the decision of the Government thereon shall be final.
2. (2) No member of the Services shall participate in, or address any meeting or take part in any demonstration organized by anybody or persons for any political purposes or for such other purposes as may be prescribed.

Levy of Fire Tax, Fee and Other Charges

15.

1. (1) The Government may levy a fire tax on lands, premises and buildings which are situated in any area of the State and on which property tax by whatever name called is levied by any local authority in that area.
2. (2) The Fire tax shall be levied in the form of a surcharge on the property tax at such rate in terms of percentage of such property tax as the Government may, by notification in the Official Gazette, determine from time to time.

16.

1. (1) The authorities empowered to assess, collect and enforce payment of property tax under the law authorizing the local authority of the area to levy such tax shall, on behalf of the Government and subject to any rules made under this Act, assess, collect and enforce payment of the fire tax in the same manner as the property tax is assessed, paid and collected and for this purpose, they may exercise all or any of the powers they have under the aforesaid laws and the provisions of such law including provisions relating to returns, appeals, reviews, references and penalties shall apply accordingly.
2. (2) Such portion of the total proceeds of the fire tax as the Government may determine shall be deducted to meet the cost of collection of the fire tax.
3. (3) The proceeds of the fire tax collected under this Act reduced by the cost of collection shall be paid to the Government in such manner and at such intervals as may be prescribed.

17. Where members of the services along with equipment and appliances are sent beyond the territorial limits of any area of state, in order to extinguish a fire or attend any emergency services in the neighbourhood of such limits on the request of any State Government or local body, the concerned State Government or local body or any regulating body shall provide necessary logistic support as well as security and shall have to bear all operational costs etc. as may be prescribed and make payment of the same within fifteen working days of the raising of bill by the Director, Assam Fire and Emergency Services.

18.

1. (1) The Director or any Fire Officer authorized by him on his behalf may require the owner of premises or organizer of the event or both to provide standby duty in respect of fire safety purposes for a specified period during the private functions, melas, fairs or other similar events for assembly of people.
2. (2) The owner of premises or organizer of the functions, melas, fairs or other similar events for assembly of people shall pay in advance to the Assam Fire and Emergency Services the standby duty charges as may be prescribed; Provided that the owner or organizer of the functions etc. shall have to undertake fire prevention and life safety measures as specified in the Code of Practice, Bureau of Indian Standard
   • (BIS) 8758:2013 as amended from time to time.

19. The Director may, with the previous sanction of the Government, enter into arrangements with any person or organization who employs and maintains personnel or equipment or both, for firefighting purposes, to secure, on such terms as to payment or otherwise as may be provided by or under the arrangements, with that person or organization for assistance for the purpose of dealing with fire or rescue or disaster or any emergency service occurring in any area in which this Act is in force.

General Measures for Fire Prevention and Life Safety Measures and Self Regulation

20.

1. (1) Residential Apartment Buildings (10 units and above), Hotels, Educational Buildings, Hospitals and Sanatoria, Assembly Buildings, Multiplex Buildings, Business Buildings, Mercantile Buildings, Industrial Buildings, Factories, Storage, Godowns, Hazardous Buildings, Restaurants (seating capacity 30 persons and above) and pandals shall be considered to constitute a fire hazard or risk occupancy premises or buildings: Provided that the Government may, by notification in the Official Gazette, include or exclude any class of occupancy having such height or covered area and pandals which, in its opinion, is likely to cause a risk of fire.
2. (2) The Government may require the owner or occupiers, or both, of premises or buildings or erectors of pandals notified under sub-section
3. (1) above, to take such fire prevention and life safety measures as per the Building Bye-laws and the National Building Code of India as prevalent on Fire and Life Safety or Code of Practice or Standards published by Bureau of Indian Standards as amended from time to time: Provided that no local authority shall grant construction permit without referring the matter to the Director, Assam Fire and Emergency Services or issue completion or occupancy certificate as the case may be in respect of the buildings or premises notified by the Government under sub-section
4. (1) above, without obtaining Fire Safety Certificate from the Assam Fire and Emergency Services.

21.

1. (1) On receipt of an application from any person or group of persons or organization proposing to construct a new building or making addition and/ or alteration to the existing building covered under sub-section
2. (1) of section 20, the local authority shall forward the application to the Director, Assam Fire and Emergency Services along with a set of building plan containing all the details of the proposed buildings such as site plans, layout plans, service plans, details of fire and life safety measures and the fees as may be prescribed based on the vulnerability to fire hazard or risks as provided under section 23.
3. (2) On receipt of an application under sub-section
4. (1) above, the Director or the Nominated Authority concerned shall within the stipulated period verify the documents and shall conduct physical inspection of the proposed site of the new building or the existing building as the case may be, if so required and shall communicate in writing such requirements relating to fire prevention and life safety measures in accordance with Building Bye-laws and the National Building Code of India as prevalent on fire and life safety measures with reference to height of building and class of occupancy to be taken as required under sub-section
5. (2) of section 20 in the form of recommendations to be complied with by the applicant.
6. (3) Upon completion of the building, if the recommendations are not complied with, Fire Safety Certificate shall not be issued, rather the building shall be declared unsafe from fire safety point of view and shall be referred to the District Magistrate for adjudication of the matter. The Local Authority shall not issue Occupancy Certificate of the said building.
7. (4) Under exceptional circumstances, the Director or any authorized officer of Assam Fire and Emergency Services shall be empowered for taking necessary steps to cancel the trade license, suspension of power supply and thereby declaring it unsafe from fire safety point of view and he may also take necessary steps to seal the building after observing all formalities in the interest of safety of the lives and properties.

22.

1. (1) Any person or group of persons or organization or body who have been issued recommendation under sub-section
2. (2) of section 21, on completion of construction shall make an application in the prescribed format to the Director, Assam Fire and Emergency Services for grant of Fire Safety Certificate duly certifying that all the measures as required have been provided in the building. The application shall be accompanied by fee as may be prescribed from time to time.
3. (2) The Director or Nominated Authority shall verify the adequacy and workability of required fire and life safety measures and issue the Fire Safety Certificate to the owner or occupier of the newly constructed or existing buildings on satisfactory compliance.

23.

1. (1) The period of validity of Fire Safety Certificate granted by the Assam Fire and Emergency Services shall remain valid until it is cancelled by the Competent Authority.
2. (2) The various buildings with high vulnerability to fire hazard or risks, moderate vulnerability to fire hazard or risks and low vulnerability to fire hazard or risks shall be as specified under relevant column in the table as annexed hereto as Schedule I: Provided that any building which is not included hereto, their vulnerability to fire hazards shall be determined by the Assam Fire and Emergency Services in view of fire and life safety on the basis of the fire load, type of construction of the building, combustibility of the materials used in building construction, the flame spread rating of the interior finish or other features of the building or structure.

24.

1. (1) In the event of violations of any of the conditions of the Fire Safety Certificate by the owner or occupier, the Director or any Fire Officers authorized by him on his behalf shall cancel the Fire Safety Certificate as per the notification issued by the Government from time to time.
2. (2) The Nominated Officer or any other authorized officers of the Services not below the rank of Station Officers of the concerned jurisdiction shall be empowered to conduct periodic or random inspections to verify the adequacy and workability of required fire safety measures as declared by the applicant in the self-declaration. In the event of non-compliance of any of the conditions of the self-declaration submitted by the owner or occupier, the Nominated Officers shall take such steps including cancellation of Fire Safety Certificate as may be necessary for the compliance of fire safety measures to be specified as per the notification issued by the Government from time to time.

25. The owner or occupier or both of the building or premises as the case may be shall continuously maintain fire prevention and life safety measures throughout the occupancy of the building or premises and failure to do so shall be construed violation under this Act and action shall be taken.

26.

1. (1) No person shall occupy or cause to occupy any building or premises including part thereof as specified under sub-section
2. (1) of section 20 without obtaining Fire Safety Certificate from the Director, Assam Fire and Emergency Services under this Act or rules made thereunder;
3. (2) Any failure to obtain Fire Safety Certificate for buildings or premises of low vulnerability to fire hazard or risk shall be punishable with fine which shall not be less than ten thousand rupees and may extend upto twenty-five thousand rupees;
4. (3) Any failure to obtain Fire Safety Certificate for buildings or premises of moderate vulnerability to fire hazard or risk shall be punishable with fine which shall not be less than twenty five thousand rupees and may extend up to fifty thousand rupees;
5. (4) Any failure to obtain Fire Safety Certificate for buildings or premises of high vulnerability to fire hazard or risk shall be punishable with fine which shall not be less than one lakh rupees and may extend up to five lakhs rupees; and where the offence is a continuing one, a further fine which may extend to five thousand rupees for every day after the first offence during which such offence continues.

27.

1. (1) The owner or occupier or both of the building or premises or part thereof shall not make any change in occupancy or any alteration of the building or premises after it has been granted Fire Safety Certificate by the Assam Fire and Emergency Services under sub-section
2. (2) of section 22 without obtaining prior approval of the Director and on failure to do so, the owner or occupier or both of the building or premises or part thereof shall be deemed to have committed an offence and shall be punishable with fine which shall not be less than fifty thousand rupees and may extend up to five lakhs rupees.
3. (2) On receipt of an application for change in occupancy or alteration to building or premises including part thereof, the Director or the nominated officer or any other authorized officer shall verify and inspect the premises of the proposed changes or alteration and submit a report of such inspections.
4. (3) The owner or occupier of the building or premises including part thereof shall provide additional fire prevention and life safety measures as required under sub-section
5. (2) above and obtain Fire Safety Certificate afresh before occupancy.

28.

1. (1) No person shall manufacture, store, display or sale fireworks from any building or premises including part thereof without obtaining Fire Safety Certificate from the Director, Assam Fire and Emergency Services or any officer authorized by him on his behalf.
2. (2) No authority shall grant any licenses whether temporary or permanent for manufacturing, storage, display or sale of fireworks from any building or premises including part thereof without obtaining Fire Safety Certificate from the Director, Assam Fire and Emergency Services or any officer authorized by him on his behalf.
3. (3) In case any building or premises including part thereof is found to violate the provisions under sub-section
4. (1) above, the Director, Assam Fire and Emergency Services or any Fire Officer authorized by him on his behalf shall remove, seize, detain or dispose or destroy any fireworks or material used in the manufacture of such fireworks at the risk and cost of the owner and such owner shall be punishable with fine which shall not be less than one lakhs rupees and may extend up to five lakhs rupees.

29.

1. (1) Notwithstanding anything contained in this Act, the erectors of pandals shall be self regulators for taking fire prevention and life safety measures referred under sub-section
2. (2) of section 20.
3. (2) The erector of a pandal shall display at the entrance of the pandal a declaration under his own signature in such form as may be prescribed to the effect that he has taken all the required fire prevention and life safety measures therein.
4. (3) The Director or Nominated Authority shall enter and inspect the pandal with a view to verify the correctness of the declaration so made by the erector under sub-section
5. (2) above, and issue notice in such form as may be prescribed pointing out the shortcomings, if any, with directions to rectify the same within a specified time. If the above mentioned directions are not complied within the specified time so given, the pandal shall be sealed.
6. (4) Any erector of a pandal who falsely declares that he has complied with the required fire prevention and life safety measures in the pandal shall be punishable with fine which shall not be less than fifty thousand rupees and may extend up to two lakhs rupees.

30.

1. (1) The Director or any officer of the Assam Fire and Emergency Services as authorized by the Director shall direct for the removal of encroachments or objects or building elements or accumulated goods, materials or projected elements of a building or structural elements that apparently appears to affect the movement or maneuvering of emergency vehicle in case of emergency or causing apprehension of fire hazard or has potential fire hazard by its nature or causes obstruction in firefighting operation, both physically and visually. On failure of the owner, occupier or erector of pandal, as the case may be to comply with such direction, the Director or such officer as authorized by the Director shall give a reasonable opportunity of making representation within the stipulated time and upon failing to do so, the Director or the authorized officer shall report the matter before the District Magistrate, in whose territorial jurisdiction the premises or building or pandal is situated, requesting to adjudicate the matter: Provided that the Director or the officer authorized by the Director considers such encroachments or objects or goods to be an imminent cause of risk of fire or obstruction to firefighting, 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 accordingly.
2. (2) On receipt of a report under sub-section
3. (1) above, the District Magistrate or such officer authorized by him 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 firefighting.
4. (3) After giving the owner or occupier or erector, as the case may be, a reasonable opportunity of making representation under sub-section
5. (2) above, the District Magistrate or any officer authorized by him may make an order to seize, detain or remove such encroachments or objects or goods.
6. (4) The person charged with the execution of the order as made in sub-section
7. (3) above, 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 on this behalf, to the person in possession thereof at the time of seizure, that the said objects or goods shall be sold as therein mentioned if the same are not claimed within the period stipulated in the said notice.
8. (5) On failure of the person in whose possession the objects or goods were at the time of seizure to claim back the seized goods pursuant to notice given under sub-section
9. (4) above, the District Magistrate or any officer authorized by him on his behalf shall sell them accordingly by public auction.

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.

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.