Chapter XI OFFENCES AND PENALTIES

Whoever contravenes any provisions of sections 20 to 24 of this Regulation or the rules made thereunder, shall, without prejudice to any other action taken against him under this Regulation or rules made thereunder, be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to fifty thousand rupees, or with both, and where the offence is a continuing one, with a further fine which may extend to three thousand rupees for every day after the first day during which such offence continues.

Notwithstanding any action which may be taken under the provisions of this Regulation, any member of the Fire and Emergency Service who,––

1. (a) is found to be guilty of any violation of duty or wilful breach of any provision of this Regulation or any rule or order made thereunder; or
2. (b) is found to be guilty of abdication of duty; or
3. (c) withdraws or abstains from the duties of his office without permission or without having given prior notice of fifteen days or more; or
4. (d) being on leave fails without reasonable cause to report himself for duty on the expiration of such leave; or
5. (e) accepts any other employment or office or engages himself in business in contravention of the provisions of the Central Civil Services (Conduct) Rules, 1964, shall be liable under the Central Civil Services (Classification, Control and Appeal) Rules, 1965.

1. (1) If any owner or occupier or an association of such owners and occupiers of a building or premises fails to appoint a Fire Safety Officer referred to in section 15, within the period as may be prescribed, on the receipt of a notice given in this behalf by the nominated authority or the Fire Officer, as the case may be, each one of them shall be deemed to be in default jointly and severally.
2. (2) If the person referred to in sub-section (1) is deemed to be in default, he shall be liable to a penalty which shall not be less than ten rupees and more than fifty rupees per square metre of area owned or occupied by him including the common areas in the premises as determined by the Government, which shall be recovered from him by way of penalty for each month of default or part thereof.
3. (3) The amount referred to in sub-section (2) shall be recovered as an arrear of land revenue.

1. (1) Any person whose property catches fire on account of his own act or of his agent, done deliberately or negligently, shall be liable to pay compensation to any other person suffering damage to his property on account of any action taken under section 18 by any officer mentioned therein or any person acting under the authority of such officer.
2. (2) All claims under sub-section (1) shall be referred to the Appellate Authority within a period of thirty days from the date on which damage was caused.
3. (3) The Appellate Authority, shall, after giving the party an opportunity of being heard, determine the amount of compensation and pass an order fixing the liability of the person for such default and the amount of compensation to be paid by him.
4. (4) The order passed under sub-section (3) shall have the force of decree of a civil court and shall be implemented within thirty days from the date of receipt of the order.

Any person, legally bound to communicate information in his possession regarding an outbreak of fire, fails to communicate the said information, without reasonable justification, shall be deemed to have committed an offence punishable under clause (a) of section 211 of the Bharatiya Nyaya Sanhita, 2023.

Whoever fails, without reasonable cause, to comply with any of the requirements specified in the notification issued under sub-section (1) of section 25, shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to ten thousand rupees, or with both and where the offence is a continuing one, with a further fine which may extend to one thousand rupees for each day after the first day during which such offence continues.

Any person, who wilfully obstructs or interferes with any member of the Fire and Emergency Service while discharging his duty, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to ten thousand rupees, or with both.

Any person who knowingly gives or causes to be given a false report of the outbreak of a fire to any person authorised to receive such report, by means of a statement, message or otherwise, shall be liable to a penalty which may extend to twenty-five thousand rupees.

If any qualified agency referred to in sub-section (5) of section 29 furnishes false certificate or declaration that maintenance of fire prevention and life safety measures as specified in sub-section (1) of section 25 or as required under sub-section (2) of section 26 have been complied, every person who, at the time the offence was committed, was in-charge of, and responsible for the agency and the conduct of the business of the agency, shall be deemed to be guilty of the offence and liable for punishment: Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.

Whoever contravenes any provision of this Regulation or of any rule made or notification issued thereunder, for which no punishment or penalty has been provided shall, without prejudice to any other action taken against him under this Regulation or the rules made thereunder, be liable to a penalty which may extend to ten thousand rupees and where the contravention is a continuing one, with a further penalty which may extend to one thousand rupees for every day after the first day during which such contravention continues.

1. (1) Where an offence under this Regulation has been committed by a company, every person who, at the time the offence was committed, was in-charge of, and responsible for the company and the conduct of the business of the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence, to prevent the commission of such offence.
2. (2) Notwithstanding anything contained in sub-section (1), where any offence under this Regulation has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any negligence on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.––For the purposes of this section,––
   • (a) “company” means a body corporate and includes a firm or other association of individuals; and
   • (b) “director”, in relation to a firm, means a partner in the firm.

1. (1) Any offence whether committed before or after the commencement of this Regulation, punishable under sections 44 and 45 or any rule made thereunder, may before the institution of prosecution, be compounded by such officers of the Fire and Emergency Service and for such amount as the Government may, by notification, specify in this behalf: Provided that no offence shall be compoundable which 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 authorised under this Regulation and until the same has been complied with.
2. (2) Where an offence has been compounded under sub-section (1), the offender if in custody, shall be discharged and no further action shall be taken against him in respect of such offence.

No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of the provisions of this Regulation or any rules made thereunder.

No court shall take the cognizance of an offence under this Regulation, except on the complaint of, or upon information received from, the Director or the officer authorised by him.

No court inferior to that of a Judicial Magistrate of the first class shall try an offence punishable under this Regulation.