Chapter V MISCELLANEOUS

Offences by companies

1. (1) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as 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 any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
2. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act 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 neglect 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.

Prosecution of offences

1. (1) No court shall take cognizance of any offence punishable under this Act except on the complaint of, or upon information received from, the Director or such other officer as may be authorised by him in this behalf.
2. (2) No court inferior to that of a Metropolitan Magistrate shall try any offence punishable under this Act.

Power to arrest without warrant

1. (1) Any officer of the Delhi Fire Service not below the rank of Station Officer may arrest without warrant any person who has been concerned in any offence under this Act or against whom a reasonable complaint has been made or credible information has been received or a reasonable suspicion exists of his having been so concerned.
2. (2) Any officer arresting a person under sub-section
3. (1) shall, without unnecessary delay and subject to the provisions of this Act as to bail or otherwise, take or send the person arrested before a Magistrate having jurisdiction in the case or to the officer-in-charge of the nearest police station.

Power to seal a building or premises

1. (1) Where on receipt of a report from the Director or any other officer authorized by him, the Government or an officer authorized by it, is satisfied that any building or premises is being used for hazardous operations, or storage of inflammable or dangerous materials, in violation of the provisions of this Act or the rules made thereunder, and that such use poses an immediate danger to life and property, it may, by order, seal such building or premises.
2. (2) Any person aggrieved by an order made under sub-section
3. (1) may, within thirty days from the date of the order, prefer an appeal to the appellate authority as may be notified by the Government.
4. (3) The appellate authority shall, after giving an opportunity of being heard to the appellant, dispose of the appeal within a period of thirty days.
5. (4) The order of the appellate authority shall be final.

Cognizance of offences.

1. (1) No court shall take cognizance of any offence punishable under this Act, except on a complaint in writing made by the Director or any other officer authorised by him in this behalf.
2. (2) No court inferior to that of a Metropolitan Magistrate shall try any offence punishable under this Act.

Jurisdiction of court.

Protection of action taken in good faith Protection of action taken in good faith. - No suit, prosecution or other legal proceeding shall lie against the Government or any officer or other person exercising any power or performing any duty under this Act or the rules made thereunder for anything which is in good faith done or intended to be done in pursuance of this Act or the rules made thereunder.

Power to make rules. -

1. (1) The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act.
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) the standard of training and equipment for fire prevention and fire safety measures to be provided in the buildings or premises;
   • (b) the form of application for fire safety certificate, the fee to be paid and the manner of payment of such fee;
   • (c) the period within which the fire safety certificate is to be issued;
   • (d) the manner of inspection of buildings or premises and the form of inspection report;
   • (e) the form and manner in which the notice may be served;
   • (f) the procedure to be followed in proceedings before the Director;
   • (g) the qualifications and terms and conditions of service of the employees of the Service;
   • (h) any other matter which is to be, or may be, prescribed.
3. (3) Every rule made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly of the National Capital Territory of Delhi, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, the Legislative Assembly agrees in making any modification in the rule or the Legislative Assembly agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Power to remove difficulties

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

Repeal and savings

1. (1) The Delhi Fire Prevention and Fire Safety Act, 1986 (34 of 1987) is hereby repealed.
2. (2) Notwithstanding such repeal, anything done or any action taken under the Act so repealed shall be deemed to have been done or taken under the corresponding provisions of this Act.