Chapter II ORGANIZATION, SUPERINTENDENCE, CONTROL AND MAINTAINANCE OF FIRE SERVICE

3.

1. (1) There shall be one State fire service for the whole of the State and all officers and subordinate ranks of the fire service shall be liable for the posting to any office of the fire service: Provided that, the State Government may, by notification in the Official Gazette, declare any Fire Brigade or any other Local Fire Service of any local authority of the State, by whatever name called, that the same shall form or shall not form the part of State Fire Service at any time: Provided further that, this provision shall not apply to the private fire services maintained for providing fire protection coverage to specific building or industry by the owner or occupier thereof.
2. (2) Notwithstanding anything contained in this Act or any other law for the time being in force relating to the local authorities, the State Government may, by notification in the Official Gazette, declare the services relating to any fire brigade or fire prevention a part of State Fire Service with effect from such date as may be specified in the notification.
3. (3) Upon such declaration under sub-section (2),-
   • (i) the officers and employees responsible for providing the fire services in the areas of such local authority, shall be deemed to have been absorbed in the State Fire Service, subject to such terms and conditions as may be notified;
   • (ii) terms and conditions applicable to the employees after such absorption shall be such as may be decided by the State Government,
   • (iii) all proceeding pending before any fire officer, immediately before the declaration, be deemed to be proceeding pending before him in his capacity as the holder of the office to which he is deemed to be appointed under sub-clause (2),
   • (iv) all assets, rights and liabilities relating to the fire services of such local authorities shall stand transferred to the State Fire Service, subject to such terms and conditions as the State Government may deem fit,
   • (v) the State Government may take such necessary actions as it deems fit.

4. The superintendence of, and control over, the Fire Service throughout the State shall vest in the State Government and the Fire Service shall be administered by the State Government in accordance with the provisions of this Act and of any rules made thereunder through such fire officers as the State Government may, from time to time, appoint in this behalf.

5.

1. (1) Subject to the provisions of this Act, the State fire service shall consist of such number of staff in several ranks and have such organisation and have such powers, functions and duties as the State Government may, by general or special order, determine.
2. (2) The State Government may prescribe by rules, -
   • (a) the different posts of the State Fire Service;
   • (b) the mode of recruitment of staff, grade of post, the qualification, pay, allowances and other conditions of service of the officers and other staff engaged therein and matters connected therewith;
3. (3) The State Government may, by notification in the Official Gazette, review the existing pattern of the existing different fire services in the State and if deem fit may modify: Provided that, for local fire services the rules framed under this sub-section may not include mode of recruitment of staff, pay, allowances and matters connected therewith.
4. (4) Save as otherwise provided by or under this Act, every person holding office either as a Chief Fire Officer or Fire Officer or staff or an employee (by whatever designation called) on an existing Fire Brigade or Fire Service of any authority on the date immediately before the commencement of this Act shall continue to hold office on the same terms and conditions as were applicable to him immediately before such date and shall exercise such powers and perform such duties as before and in addition to those as are conferred on them by or under this Act.

6.

1. (1) The State Government shall appoint a person to be the Director and such other officers and staff as may be necessary from time to time to assist the Director while exercising the powers or discharging the duties or functions conferred under this Act or the rules made thereunder.
2. (2) The jurisdiction of the Director so appointed shall extend to the entire State in matters relating to fire services.
3. (3) Subject to the control, directions and superintendence of the State Government, the Director shall exercise such powers and perform such duties as are conferred and imposed upon him by this Act or the rules made thereunder.

16. Notwithstanding anything contained in section 14, the Regional Fire Officer or the Chief Fire Officer of any authority or any other officer authorised in this behalf, may enter into agreement with any person who employs and maintains personnel or equipment or both for firefighting purposes, to secure, on such terms as may be prescribed, the provision by that person of assistance for the purpose of dealing with fires occurring in any area.

26.

1. (1) If the Director or the Regional Fire Officer or the Chief Fire Officer is satisfied that due to inadequacy of fire prevention and life safety measures the condition of any place or building or part thereof is in imminent danger to person or property, then notwithstanding anything contained in this Act, or any other law for the time being in force, he shall, by order in writing, require the persons in possession or in occupation of such place or building or part thereof to remove themselves forthwith from such place or building or part thereof.
2. (2) If an order made by the Director or the Regional Fire Officer or the Chief Fire Officer under sub-section
3. (1) is not complied with, he may direct, -
   • (a) the authority responsible for supply of electricity or supply of water, to disconnect the supply of electricity or water, as the case may be;
   • (b) any police officer having jurisdiction in the area, to remove such persons from such place or building or part thereof and such authority or police officer shall comply with such directions.
4. (3) After the removal of the persons under sub-section
5. (1) or sub-section (2), as the case may be, the Director or the Regional Fire Officer or the Chief Fire Officer shall cause such place or building or part thereof, to be sealed by such police officer forthwith.
6. (4) No person shall remove such seal except under a written order made by the Director or the Regional Fire Officer or the Chief Fire Officer suo motu or on an application of the owner or occupier.

36. No court shall entertain any suit, application or other proceedings in respect of any notice given under section 19 or any action taken under sub-section

1. (2) of section 26 or an order of refusal to permit removal of seal passed under sub-section
2. (4) of section 26 and sub-section
3. (10) of section 27 of this Act or any action or any order shall be called in question otherwise than by preferring an appeal as provided by this Act.

37. Save in the case of cognizable offences, no court shall take cognizance of an offence punishable under this Act or the rules made thereunder except on the complaint made by the Regional Fire Officer or the Chief Fire Officer or any other officer authorised by him in this behalf.

38.

1. (1) The Director or the Regional Fire Officer or the Chief Fire Officer, or any officer authorised in this behalf by the Director may by general or special order, either before or after the institution of the proceedings, compound any offence made punishable by or under this Act or the rules made thereunder or withdraw from such proceedings at any stage.
2. (2) When an offence has been compounded under sub-section (1), the offender, if in custody, shall be discharged, and no further proceedings shall be taken against him in respect of the offence compounded.

Every police officer, Government and private agency or person shall be bound to assist the members of the Fire Service reasonably demanding his or its aid in the performance of their duties under this Act.

Any person who without Just cause fails to communicate information in his possession regarding an outbreak of fire shall be deemed to have committed an offence punishable under section 176 of the Indian Penal Code, 1860.

Any person who wilfully obstructs or interferes with any member of the Fire Service who is engaged in firefighting operations, shall 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.

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 punished with imprisonment which may extend to three months or with fine which may extend to one thousand rupees, or with both.

1. (1) Where an offence punishable 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 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 punishable 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, and in relation to any association of persons or body of individuals, means any member controlling the affairs thereof.