The Delhi Fire Services Act, 2007

Short title, extent and commencement

1. (1) This Act may be called the Delhi Fire Services Act, 2007.
2. (2) It extends to the whole of the National Capital Territory of Delhi.
3. (3) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint.

Definitions In this Act, unless the context otherwise requires,—

1. (a) "building" means any structure, whether permanent or temporary, erected or placed for residential, commercial, industrial, business or any other purpose, and includes the foundation, plinth, walls, floors, roofs, chimneys, plumbing and building services, fixed platforms, verandah, balcony, cornice or projection, part of a building or anything affixed thereto or any wall enclosing or intended to enclose any land or space;
2. (b) "building byelaws" means the building byelaws made under the Delhi Municipal Corporation Act, 1957 (66 of 1957), the New Delhi Municipal Council Act, 1994 (44 of 1994), or the Delhi Development Act, 1957 (61 of 1957);
3. (c) "Chief Fire Officer" means the officer appointed as such by the Government under section 3 of this Act;
4. (d) "Director" means the Director of the Delhi Fire Service appointed under section 3 of this Act;
5. (e) "establishment" means a place where any trade, business, industry or work is carried on;
6. (f) "fire hazard" means any condition or act which increases or may increase the danger of fire or which may obstruct or interfere with the fire-fighting operations;
7. (g) "fire prevention and fire safety measures" means such measures as may be necessary for the purposes of the prevention, control and fighting of fire and ensuring the safety of life and property in case of fire, including fire detection and warning systems, fire-fighting equipment, structural fire safety, evacuation plans and training;
8. (h) "fire service" means the Delhi Fire Service constituted or deemed to be constituted under section 3 of this Act;
   • (i) "Government" means the Lieutenant Governor of the National Capital Territory of Delhi appointed by the President under article 239 and designated as such under article 239AA of the Constitution;
9. (j) "highrise building" means a building, the height of which is 15 meters or more;
10. (k) "notification" means a notification published in the official Gazette;
11. (l) "occupier" includes—
    • (i) any person who for the time being is paying or is liable to pay to the owner the rent or any portion of the rent of the premises in respect of which such rent is paid or is payable;
    • (ii) an owner in occupation of, or otherwise using his land or building;
    • (iii) a rent-free tenant of any land or building;
    • (iv) a licensee in occupation of any land or building; and
    • (v) any person who is liable to pay to the owner damages for the use and occupation of any land or building;
12. (m) "owner" includes a person who for the time being is receiving or is entitled to receive, the rent of any land or building, whether on his own account or on account of himself and others or as an agent, trustee, guardian or receiver for any other person or who would so receive the rent or be entitled to receive it if the land or building were let to a tenant;
13. (n) "prescribed" means prescribed by rules made under this Act;
14. (o) "vessel" includes any ship, boat, raft, barge or any other floating structure used for transport or any other purpose;
15. (p) "warehouse" means any building or part thereof used for the purpose of storing goods and merchandise of any description;
16. (q) "watercourse" includes any river, stream, canal, or other channel, whether natural or artificial, and includes any reservoir, tank, well, or other source of water;
17. (r) "Zone" means a fire zone into which the National Capital Territory of Delhi may be divided under section 3.

Fire Force

1. (1) There shall be a Fire Force to be called the Delhi Fire Service for every local area in which this Act is in force.
2. (2) The Fire Force shall consist of such number of officers and other members and shall be constituted in such manner as may be prescribed.
3. (3) The members of the Fire Force shall wear such uniforms and shall be equipped with such appliances and gear as may be prescribed.

Superintendence and control of the Fire Force

1. (1) The superintendence and control of the Fire Force throughout the National Capital Territory of Delhi shall vest in the Director and shall be carried out by him in accordance with the provisions of this Act and of any rules made thereunder.
2. (2) The Director shall exercise such powers and perform such duties and functions as may be prescribed.

Appointment of members of the Force.—

1. (1) The recruitment, appointment, promotion and other service conditions of the members of the Force shall be such as may be prescribed.
2. (2) Subject to the provisions of this Act, the administration of the Force shall vest in the Director and shall be carried on by him in accordance with the provisions of this Act and of any rules made thereunder.

Issue of certificate to members of the Force.—

1. (1) Every person shall, on appointment to the Force, receive a certificate in such form as may be prescribed, under the seal of the Director or such other officer as the Director may authorize in this behalf, and thereupon the person shall have the powers, functions and privileges of a member of the Force under this Act.
2. (2) The certificate referred to in sub-section
3. (1) shall cease to have effect whenever the person named in it ceases for any reason to be a member of the Force.

Auxiliary Fire Force

1. (1) Whenever it appears to the Director that it is necessary to augment the Force, he may, with the prior approval of the Government, enroll such number of persons as Auxiliary Fire Force volunteers as he thinks fit.
2. (2) Every such volunteer shall, on enrolment, receive a certificate in such form as may be prescribed, and shall be vested with such of the powers, privileges and duties of a member of the Force as are mentioned in the said certificate.
3. (3) Every Auxiliary Fire Force volunteer shall be under the control of the Director, and may be called upon to discharge such duties as within the competence of a member of the Force, as may be assigned to him by the Director or any other officer authorised by him in this behalf.

Expenditure on the Force

1. (1) The expenditure on the Force shall be met out of the Consolidated Fund of the National Capital Territory of Delhi.
2. (2) Notwithstanding anything contained in sub-section (1), any person or body of persons or any local authority or other agency, who or which requires the services of the Force for any purpose, shall pay to the Government such charges as may be prescribed for such services.

Training centres.—The Director may, with the approval of the Government, establish and maintain training centres for the purpose of imparting training to the members of the Service or to any other persons desiring to undergo training in fire prevention and fire safety measures.

Powers of members of the Force on occasion of fire.—(1) On the occasion of a fire in any place within the jurisdiction of the Service, any member of the Force who is in charge of fire-fighting operations on the spot may—

1. (a) remove, or order any other member of the Force to remove, any person who by his presence interferes with or impedes the operations for extinguishing the fire or for saving life or property;
2. (b) close any street or passage, whether intended for passage of the public or otherwise, in or near which a fire is burning;
3. (c) break into or through, or pull down, any premises for the passage of hose or appliances or cause them to be broken into or pulled down, for the purpose of extinguishing the fire;
4. (d) require the authority in charge of water supply in the area to regulate the water mains so as to provide water at a specified pressure at the place where the fire has broken out and utilize the water of any available source of water, public or private;
5. (e) exercise the same powers for dispersing an assembly of persons likely to obstruct the fire-fighting operations as if he were an officer-in-charge of a police station and as if such an assembly were an unlawful assembly and shall be entitled to the same immunities and protection as such an officer, in respect of the exercise of such powers;
6. (f) generally take such measures as may appear to him to be necessary for extinguishing the fire or for the protection of life or property.

1. (2) Any damage done by the members of the Force in the course of the discharge of their duties under the provisions of sub-section
2. (1) shall be deemed to be damage by fire within the meaning of any policy of insurance against fire.

Powers of Director to prosecute or cause to be prosecuted.—

1. (1) The Director may, in the name of the Delhi Fire Service, institute, conduct or defend any suit or other proceeding for any purpose necessary for the proper discharge of his duties and functions under this Act.
2. (2) The Director may, in his discretion, cause to be prosecuted any person who has committed any offence under this Act or the rules made thereunder.

Preventive measures.—

1. (1) The Government may, by notification in the Official Gazette, require the owner or the occupier or both, of any building or premises or class of premises, which in its opinion is likely to cause a risk of fire, to take all such fire prevention and fire safety measures as may be specified in the notification.
2. (2) The fire prevention and fire safety measures as referred to in sub-section (1), shall be such as may be prescribed.

Safety measures

1. (1) The Director may, by order, require the owner or occupier of any building or premises which are likely to cause risk of fire, to take such precautions as he may specify in the order, and such owner or occupier shall be bound to comply with such order.
2. (2) For the purposes of inspection of fire safety measures, the Director or any officer authorized by him, may enter and inspect any building or premises at all reasonable hours after giving the owner or occupier reasonable notice in writing: Provided that in case of any emergency, the Director or such officer may, after giving such notice as may be reasonable, enter and inspect the building or premises without any prior notice.
3. (3) Where the owner or occupier of any building or premises fails to comply with the order made under sub-section (1), the Director may take such action, including sealing of the building or premises, as may be necessary to ensure safety from fire.

Restriction on hazardous processes

1. (1) If the Director is of the opinion that the carrying on of any process or the storage or handling of any materials in any building or premises is likely to cause risk of fire or explosion, he may, by order, direct the owner or occupier to take such measures as may be specified in the order, including the shifting of such process or materials to a safer place, or the prohibition of such process or storage of materials.
2. (2) Every owner or occupier shall comply with the order issued under sub-section
3. (1) within such period as may be specified in the order.
4. (3) Where any owner or occupier fails to comply with the order under sub-section (1), the Director may take such steps, including the immediate stoppage of the process or the removal of the materials, as he deems necessary for the purpose of ensuring the safety of the public.

Power of Government to effect fire fighting property tax.

1. (1) Notwithstanding anything contained in any law for the time being in force, the Government may, by notification in the Official Gazette, levy a fire tax on all lands and buildings in the National Capital Territory of Delhi, which are situated in an area benefited by the fire services: Provided that such tax shall not exceed such rate as may be prescribed.
2. (2) The fire tax shall be levied on the annual value of the lands and buildings and shall be collected by such agency and in such manner as may be prescribed.

Levy of fire tax.

1. (1) The Government may, by notification in the Official Gazette, levy a fire tax on the annual value of all lands and buildings in the National Capital Territory of Delhi, or part thereof, for the purpose of providing or maintaining fire service: Provided that the rate at which the fire tax is to be levied shall be as may be prescribed.
2. (2) The fire tax shall be collected by the local authority or such other agency as the Government may, by notification, direct.

Penalty for contravention of sections 12, 13 and 14

1. (1) Any person who contravenes the provisions of section 12, 13 or 14 shall 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.
2. (2) Any person who abets the commission of an offence under sub-section
3. (1) shall be punishable with the same punishment as provided for the offence under this Act.

Failure to comply with requisition

1. (1) Any person who fails to comply with any of the requisitions made under the provisions of this Act or the rules made thereunder, shall be liable to be punished with simple imprisonment for a term which may extend to three months, or with a fine which may extend to twenty-five thousand rupees, or with both.
2. (2) Any person who knowingly obstructs or hinders any officer of the Fire Service or any other person acting in accordance with the orders of any authority under this Act, in the exercise of any power conferred by this Act, shall be liable to be punished with simple imprisonment for a term which may extend to three months, or with a fine which may extend to twenty-five thousand rupees, or with both.

Penalty for wilful neglect etc. -

1. (1) Any member of the Fire Service who is found to be guilty of any wilful neglect or wilful disobedience of any order or rule which he is bound to obey or practice, shall, on conviction, be punished with imprisonment for a term which may extend to three months, or with fine which may extend to five thousand rupees, or with both.
2. (2) If any member of the Fire Service is found to be guilty of any act of cowardice, he shall, on conviction, be punished with imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both.

Penalty for false report - Any person who wilfully makes a false report knowing it to be false with the intention to cause the Fire Service to act on such report shall, on conviction, be punished with imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both.

Penalty for failure to give information:

1. (1) Any person who, without any reasonable cause, fails or refuses to give any information, when required to do so by any officer of the Force in the discharge of his duties under this Act or the rules made thereunder, shall be punishable with fine which may extend to five hundred rupees.
2. (2) If the information so given is found to be false in any material particular, the person who made the statement shall be punishable with fine which may extend to five hundred rupees.

Penalty for obstruction of member of the Force: Any person who obstructs or interferes with any member of the Force in the discharge of his duties under this Act or the rules made thereunder shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five thousand rupees, or with both.

Penalty for failure to take precautions.—

1. (1) Whoever contravenes any of the provisions of section 18 or section 20 or section 21 or section 22 shall be punishable with fine which may extend to five thousand rupees or with imprisonment for a term which may extend to six months or with both.
2. (2) The court may, in addition, order the person to take such measures as may be specified in the order for the removal of fire hazards within such time as may be specified.

Penalty for contravention of other provisions.— Whoever contravenes any of the provisions of this Act or any rule or regulation made thereunder for which no penalty has been separately provided for in this Act, shall be punishable with fine which may extend to one thousand rupees or with imprisonment for a term which may extend to three months or with both.

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.

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