Chapter XIII MISCELLANEOUS

The Director may, in the public interest, with the prior approval of the Government, enter into an agreement with any Fire and Emergency Service or the authority which maintains the said Fire and Emergency Service, beyond the limits of any area in which this Regulation is in force for providing personnel or equipment or both, for firefighting purposes, on reciprocal basis, on such terms and conditions as may be specified in the said agreement.

Without prejudice to the provisions of any other law for the time being in force, the Government may, by notification, declare the Fire and Emergency Service as technical service.

The Director or any Fire Officer authorised by the Government in this behalf may, in the event of a fire or other emergency in any neighbouring area in which this Regulation does not extend, order the deployment of the employees of the Fire and Emergency Service with necessary appliances and equipment to carry out firefighting operations in such neighbouring area and thereupon all the provisions of this Regulation 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.

The Government or any officer authorised by it in this behalf, may deploy the Fire and Emergency Service in any rescue, salvage or other operation for which it is suitable by reason of its training, appliances and equipment.

The Director or an employee of the Fire and Emergency Service, authorised by general or special order in this behalf may, for the purpose of discharging his duties under this Regulation, may by order require the owner or occupier of any building or other property, to supply such information with respect to the features of such building or other property as may be specified therein, the available water supplies and means of access thereto and any other material particulars, and such owner or occupier shall furnish all the information in his possession to the Director or such employee.

1. (1) Where, it appears to the Director either suo motu or on receipt of a report from the nominated authority referred to in sub-section (5) of section 31, that the condition of any building is dangerous to life or property, he shall, without prejudice to any action taken under this Regulation, by order, require the person in possession or occupation of such building to remove themselves from such building or premises immediately.
2. (2) If an order made by the Director under sub-section (1) is not complied with, the Director may direct,––
   • (a) the authority concerned to disconnect the supply of electricity or water, as the case may be, in the building referred to in sub-section (1);
   • (b) any police officer having jurisdiction in such area to remove such persons from the building and such officer shall comply with such directions.
3. (3) After the removal of the persons referred to in sub-section (1) or sub-section (2), as the case may be, the nominated authority shall declare the building unfit from fire safety point of view and shall report immediately to the concerned Sub-divisional Magistrate, who shall seal the building or the premises immediately, with the aid of police assistance, if necessary.
4. (4) No person shall remove such seal except under an order made by the Sub-divisional Magistrate.

Any person, who removes the seal, referred to in sub-section (3) of section 62 except under an order made by the Sub-divisional Magistrate, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to twenty-five thousand rupees, or with both.

In firefighting operations or any other duties relating to seizure, detention or removal of any goods involving risk of fire, disconnection of electricity, water supply or sealing of building, it shall be the duty of a police officer or employees of the police force to assist and aid the nominated authority in performance of such duties under this Regulation.

1. (1) Without prejudice to the provisions contained in any other law for the time being in force, on and from the date of the commencement of this Regulation, the existing Fire and Emergency Service of the Union territory shall be deemed to be the Fire and Emergency Service constituted under this Regulation; and every person holding the office of Fire Officer or an employee of such service in the Union territory, on and before the promulgation of this Regulation, shall be deemed to have been appointed and hold office under this Regulation.
2. (2) All proceedings pending before any Fire Officer of the existing Union territory Fire and Emergency Service, immediately before the commencement of this Regulation shall be deemed to be proceedings pending before him under this Regulation.

In the event of death of a member of the Fire and Emergency Service other than a Gazetted Officer, while on duty, the Government shall immediately pay to the next of kin of the said member as funeral expenses, such amount as may be prescribed or such amount as the Government may by an order determine.

Every officer and employee of the Fire and Emergency Service, acting under this Regulation, shall be deemed to be a public servant within the meaning of clause (28) of section 2 of the Bharatiya Nyaya Sanhita, 2023.

The Government may call for any returns, reports and records relating to fire prevention and fire safety, the maintenance of order and the performance of duties by the Director, nominated authority, Fire Officer, employees or subordinate operational staff, and the same shall be furnished immediately.

1. (1) The Government may, by notification and subject to the condition of previous publication, make rules not inconsistent with provisions of this Regulation for carrying out the purposes of this Regulation.
2. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:––
   • (a) other measures under clause (m) of section 2;
   • (b) the manner of function of existing workshop, Control Room and other field formations under sub-section (2) of section 5;
   • (c) the number of employees, method of recruitment, level of post, qualifications, pay, allowances, terms and conditions of service of employees of Fire and Emergency Service and the other matters connected therewith under sub-section (1) of section 6;
   • (d) the uniform and badges of employees under sub-section (2) of section 6;
   • (e) qualifications and experience and powers, duties and other functions of Director under sub-section (1) of section 7;
   • (f) other powers, duties and functions of Director under clause (j) of sub-section (2) of section 8;
   • (g) the strength of the Fire and Emergency Service under sub-section (1) of section 10;
   • (h) the method of recruitment, qualifications and other terms and conditions of service of the Fire Officer under sub-section (2) of section 10;
     • (i) the auxiliary service, the area and the terms and conditions under sub-section (1) of section 13;
   • (j) the form of certificate under sub-section (2) of section 13;
   • (k) the qualifications and experience of the Fire Safety Officer, under clause (a) of sub-section (1), the form of enrolment certificate under sub-section (2), the period within which the Fire Safety Officer is appointed under sub-section (4), of section 15;
   • (l) the manner of deployment of the Fire and Emergency Service resources, equipment and fire personnel at stand-by duties during any fire response or any other emergency under section 17;
   • (m) the compensation payable and the manner thereof under clause (c), the manner of extinguishing or limiting the spread of fire and carrying out rescue operations under clause (d) and the terms of an agreement under clause (g), of section 19;
   • (n) the rates payable for supplying water under section 20;
   • (o) the terms and conditions under section 22;
   • (p) the fire prevention and life safety measures and the manner of displaying the declaration under sub-section (2) and the manner of removing the pandal under sub-section (3), of section 26;
   • (q) the form of notice under sub-section (6) of section 28;
   • (r) the fire prevention and life safety measures under sub-section (1), the form and the fee under sub-section (2), form and manner of obtaining a Provisional Fire Safety Certificate under sub-section (3), the form and manner of self-declaration or certification under sub-section (4), form of certificate to be issued by qualified agency under sub-section (5), the form of declaration under sub-section (6) and the manner of selecting the qualified agency and functions thereof under sub-section (8), of section 29; the procedure under sub-section (1) of section 30;
   • (t) the charges payable under clause (b), the procedure and fee payable for course of instruction on prevention and extinguishment of fire under clause (c), of section 33;
   • (u) the matters in respect of which the Fire and Emergency Service shall render assistance and consultation to the communities and the manner thereof under section 34;
     • (v) the rate of fire tax to be levied under sub-section (2) of section 35;
   • (w) the fee payable by the State Government or the local body or the Fire and Emergency Service authority under sub-section (1) and the fee payable under sub-section (4) of section 37;
     • (x) the conditions and the manner of utilisation of fund under sub-section (3) of section 39;
   • (y) the time period for appointment of Fire Safety Officer under sub-section (1) of section 43;
   • (z) the form and manner and fees payable under sub-section (2) of section 56;
   • (za) the charges payable under section 59;
   • (zb) amount payable under section 66.

1. (1) The Government may, by notification, direct that any power exercisable by it under this Regulation shall, subject to such conditions, if any, be exercisable by any officer not below the rank of Secretary to the Government.
2. (2) The Director may, by order, direct that any power conferred or any duty imposed on him by or under this Regulation shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercised and, performed by any officer of the Fire and Emergency Service specified in the said order.

1. (1) If any difficulty arises in giving effect to the provisions of this Regulation, the Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Regulation as may appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of two years from the date of commencement of this Regulation.
2. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.

Every rule and every order made under this Regulation shall be laid, as soon as may be after it is made, before each House of Parliament.

1. (1) The provisions of this Regulation and the rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any other law.
2. (2) Notwithstanding anything contained in any other law for the time being in force, when anything in relation to the fire prevention and life safety measures is required to be done or approved under this Regulation, any such thing shall not be deemed to have been unlawfully done or approved by reason only of the fact that the permission, approval or sanction required under such other law has not been obtained.
3. (3) Subject to the provisions of sub-section (1), the provisions of this Regulation shall be in addition to, and not, save as expressly provided hereinabove, be in derogation of the provisions of any relevant law for the time being in force in any area in which this Regulation is in force.

1. (1) The Goa, Daman and Diu Fire Force Act, 1986 as applied to erstwhile Union territory of Daman and Diu and as extended to erstwhile Union territory of Dadra and Nagar Haveli is hereby repealed: Provided that such repeal shall not be deemed to limit, modify or derogate from the general responsibility of any local authority,––
   • (i) to provide and maintain such water supply and fire hydrants for firefighting purposes as may be directed by the Government from time to time;
   • (ii) to make bye-laws for the regulation of dangerous trades;
   • (iii) to order any of its employees to render aid in fighting a fire when reasonably called upon to do so by any member of the fire service; and
   • (iv) generally, to take such measures as will reduce the likelihood of fire or prevent the spread of fire.
2. (2) Notwithstanding such repeal, anything done or any action taken or purported to have been done or taken including any rule made or any direction given, or any proceedings conducted or any penalty or fine imposed under the Regulation so repealed shall, in so far as it is not inconsistent with the provisions of this Regulation, be deemed to have been done, taken or conducted under the corresponding provisions of this Regulation.
3. (3) The mention of particular matters in sub-section (2) shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 with regard to the effect of repeal.