section 98
Power of fire brigade and other persons to extinguish.
The Jammu and Kashmir Municipal Act, 2000Infrastructure2000331 sections
Statutory text
- (1) On the occasion of a fire in a municipal area any Executive Magistrate of the area, or the Executive Officer or any member of municipality, or any member of a fire brigade maintained by the municipality, then and there directing the operations of men belonging to the brigade, and any police officer not below the rank of Sub-Inspector, may,––
- (a) remove or order the removal of any person who by his presence interferes with or impedes the operations for extinguishing the fire or for saving life or property ;
- (b) close any street or passage in or near which any fire is burning ;
- (c) for the purpose of extinguishing the fire break into or through or pull down, or cause to be broken into or through or pulled down or use for the passage of houses or other appliances, any premises ;
- (d) cause mains and pipes to be shut off so as to give greater pressure of water in or near the place where the fire has occurred ;
- (e) call on the persons incharge of any fire-engine to render such assistance as may be possible ;
- (f) generally take such measures as may appear necessary for the preservation of life and property. When any Government building is endangered by such a fire, the officer of the Public Works Department for the time being incharge of the building may exercise the powers conferred on Executive Magistrate by this sub-section.
- (2) No person shall be liable to pay damages for any act done by him under sub-section (1) in good faith.
- (3) Any damage done in the exercise of a power conferred or a duty imposed by this section shall be deemed to be damaged by fire within the meaning of any policy of insurance against fire.
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