Removal of encroachments, objects, building element likely to cause a risk of fire or any obstruction to firefighting

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.