section 40
Requisitioning of firefighting property
The Dadra and Nagar Haveli and Daman and Diu Fire and Emergency Service Regulation, 2026General202674 sections13 chapters
Chapter X REQUISITIONING OF FIREFIGHTING PROPERTY
Statutory text
- (1) The Director or Fire Officer who is in-charge of a firefighting operation may, if in his opinion it is necessary for the purpose of extinguishing fire in any area, requisition and take possession of any firefighting property in the possession of any local authority or any institution or individual.
- (2) As soon as the firefighting operations are over, the Director or Fire Officer in-charge of the firefighting operation, as the case may be, shall release the property referred to in sub-section (1) from requisition and restore the same to the local authority, institution or individual from whose possession such property was taken.
- (3) Where any firefighting property is requisitioned under sub-section (1), the owner of such property shall be paid compensation which shall be determined in accordance with the following principles, namely:—
- (a) where the amount of compensation is fixed by an agreement between the Director or Fire Officer and the owner of the firefighting property, it shall be paid in accordance with such agreement; or
- (b) where the parties fail to reach an agreement under clause (a), the Director or Fire Officer, who is in-charge of firefighting operation, shall refer the matter to the Sub-divisional Magistrate having jurisdiction over the area in which the firefighting property was kept and the Magistrate shall after hearing the parties and such other persons as he deems necessary, determine the amount of compensation taking into consideration the rent payable for such firefighting property and such order of the Magistrate determining the amount of compensation shall be final.
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