Fire Prevention and Life Safety Measures Act, Gujarat.Year 2013

1.

1. (1) This Act may be called the Gujarat Fire Prevention and Life Safety Measures Act, 2013.
2. (2) It extends to whole of the State of Gujarat.
3. (3) It shall come into force in any area on such date as the State Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different areas and for different provisions of the Act.

2.

1. (1) In this Act, unless the context otherwise requires,
   • (a) “building” shall have the meaning assigned to it in the GDCR or relevant law or any law for the time being in force in the area in which this Act is in force; and includes places or premises comprising land or building, or part of a land or building, outhouses, if any, appertaining to such building or part thereof and petrol, diesel or gas lines, communication lines, power installations or pumps, whether authorized or otherwise;
   • (b) “building bye-laws” means the building bye-laws, rules or regulations made under any relevant law and includes GDCR or regulations, by whatever name they are called, or any other building rules or regulations made under any other law for the time being in force and are in operation in the area in which this Act is in force;
   • (c) “Chief Fire Officer” means a person as classified under section 10;
   • (d) “Commissioner” shall have the meaning assigned to it in clause
2. (9) of section 2 of the Gujarat Provincial Municipal Corporations Act, 1949;
   • (e) “Director” means a person appointed under section 6;
   • (f) “disaster” shall have the meaning assigned to it in clause
   • (h) of section 2 of Gujarat State Disaster Management Act, 2003;
   • (g) “emergency services” means services required to be rendered in case of manmade or natural disaster or any eventuality where the life is at risk;
   • (h) “erector” means a person or an association of persons, whether corporate or otherwise, who erects or makes a shamiyana or tents or mandap or any structure for occupation of people on a regular or temporary basis;
     • (i) “fees” means fees levied under section 30;
   • (j) “fire division” means a territory comprising such number of fire sub-divisions as may be prescribed; and declared generally or specially by the State Government to be a fire division for the purpose of this Act;
   • (k) “fire prevention and life safety measures” means such measures as are necessary in accordance with the building bye-laws or as required by or under the provisions of any law or the National Building Code of India, for the time being in force, for the prevention, control and fighting of fire and for ensuring the safety of life and property in case of fire;
   • (l) “fire region” means territory comprising such number of fire divisions as may be prescribed and declared generally or specially by the State Government to be a fire region for the purpose of this Act;
   • (m) “fire safety officer” means a person appointed under section 12 of this Act as the Fire Safety Officer by the owners and occupiers of certain premises and buildings as specified in this behalf to ensure fire prevention and fire safety measures installed in such premises and buildings;
   • (n) “Fund” means fund constituted under section 32;
   • (o) “GDCR” means the General Development Control Regulations made under clause
   • (m) of sub-section
3. (2) of section 12 of Gujarat Town Planning and Urban Development Act, 1976;
   • (p) “Licensed Agency” means a person or an association of persons licensed under sub-section
4. (1) of section 28;
   • (q) “Housing Society” includes all registered residential and non-residential or mixed housing societies, association of owners or co-owners of flat occupancy, building premises and associations of owners as defined under the Gujarat Ownership of Flats Act, 1973;
   • (r) “local authority” means a municipal corporation, nagar panchayat, municipality, district panchayat, taluka panchayat, gram panchayat, notified area committee or cantonment board constituted under relevant local authority law; “Local Fire service” means the local fire service as may be notified by the State Government under section 3.
   • (t) “National Building Code of India” means the book or books containing Fire Prevention and Life Safety Measures to be implemented in the buildings, places, premises, workshops, warehouses and industries, published from time to time by the Bureau of Indian Standards;
   • (u) “nominated officer” means an officer possessing the prescribed qualifications and nominated by the Director or the Regional Fire Officer or the Chief Fire Officer to perform duties and functions laid down under this Act;
     • (v) “occupancy” means the principal occupancy for which a building or a part of a building is used or intended to be used including subsidiary occupancies which are contingent upon it;
   • (w) “occupier” shall have the meaning assigned to it in clause
     • (xvi) of section 2 of the Gujarat Town Planning and Urban Development Act, 1976;
     • (x) “owner” shall have the meaning assigned to it in clause
     • (xvii) of section 2 of the Gujarat Town Planning and Urban Development Act, 1976 and shall also include the housing society;
   • (y) “premises” means any land or any building or part of a building and includes the garden ground and outhouse, if any, appertaining building or part of a building; and any land or any building or part of a building appurtenant thereto which is used for storing explosives explosive substance and dangerously inflammable substance;
   • (z) “prescribed” means prescribed by rules made under section 57;
   • (za) “Regional Fire Officer” means a person appointed under section 8;
   • (zb) “regulations” means regulations made by the Director under section 58;
   • (zc) “shamiyana or tents or mandap” means a temporary structure with roof or walls made of straw, hay, ulu grass, golpatta, hogla, darma, mat, canvas, cloth or other like material which is not adopted for permanent or continuous occupancy.
5. (2) Words and expressions used in this Act but not defined shall have the meaning assigned to them in the Gujarat Town Planning and Urban Development Act, 1976 or the Gujarat State Disaster Management Act, 2003 or any other law relating to local authorities, as the case may be, and the rules made thereunder.

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.

46. Every officer or employee shall, when acting or purporting to act in pursuance of the provisions of this Act or of any rule or regulation made thereunder, shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.

47. In the event of a member of the Fire Service (other than a Gazetted Officer), dies while on active duty, the State Government shall pay, to the next of kin as funeral expenses, such amount as the State Government may by an order determine.

48. It shall be lawful for the Government or any officer authorised by it in this behalf, to employ the Fire Service in any rescue, salvage or other works for which it is suitable by reason of its training, appliances and equipment.

49.

1. (1) The provisions of this Act 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) Subject to the provisions of sub-section (1), the provisions of this Act 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 Act is in force.