section 33
Manner of inspection of buildings, premises.
The Assam Fire and Emergency Services Act, 2025General202555 sections5 chapters
Chapter VI Chapter VI
Statutory text
33.
- (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) 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
- (1) above.
- (3) When any building or premises used as a human dwelling is entered under sub-section
- (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.
- (4) The Nominated Authority after completion of the inspection of the building or premises or part thereof under sub-section
- (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.
- (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
- (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.
- (6) Notwithstanding any action under sub-section
- (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.
- (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.
- (8) Any buildings or group of buildings or part thereof declared unsafe under sub-section
- (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.
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