The Jharkhand Fire Services Act, 2024

ͪवͬध (ͪवधान) ͪवभाग -------- अͬधसूचना 18 ͧसतàबर, 2024 संÉया-एल0जी0-06/2024-56/लेज०-- झारखंड ͪवधान मंडल ɮवारा यथा पाǐरत और माननीय राÏयपाल ɮवारा Ǒदनांक-11/09/2024 को अनुमत झारखÖड झारखंड अिÊनशमन सेवा अͬधǓनयम, 2024 का Ǔनàनांͩकत अंĒेजी अनुवाद झारखंड राÏयपाल के Ĥाͬधकार से इसके ɮवारा Ĥकाͧशत ͩकया जाता है, िजसे भारत का संͪवधान के अनुÍछेद 348 के खंड (3) के अधीन उÈत अͬधǓनयम का अंĒेजी भाषा मɅ Ĥाͬधकृत पाठ समझा जाएगा। JHARKHAND FIRE SERVICE ACT, 2024 (Jharkhand Act, 09, 2024) Preamble — To provide for better regulation of firefighting, carrying out firefighting measures, enforcing fire safety measures in any building, enforcing effective fire prevention and fire safety in all types of buildings, premises, and temporary structures and for modem organizational structures of the Fire Service in the State of Jharkhand. Be it enacted by the legislature of the State of Jharkhand in the seventy-fifth year of the Republic of India as follows.

1. Short title, extent, and commencement— (i) This Act may be called the Jharkhand Fire Service Act, 2024. (ii) It shall extend to the whole of the State of Jharkhand. (iii) It shall come into force in any area on such date as the Jharkhand Government may, by notification in the official Gazette, appoint and different dates may be appointed for different areas and different provisions of this Act. CHAPTER — I PRELIMINARY

2. Definitions — In this Act, unless the context otherwise requires, (a) “Appellate Authority” means the Director General of Fire Services or other equivalent authority appointed by the Government; (b) “Building” means any structure whether of masonry bricks, woods, mud, metal, or other materials, and includes a house, out-house, basement, underground parking, stable, latrine, urinal, shed, hut, or wall (other than a boundary wall); (c) “Building bye-laws” means the bye-laws made under the Jharkhand Municipal Act, 2011. (d) “Director” means the Director General, Jharkhand Fire Service appointed by the Government under sub-section (1) of Section 8 of this Act; (e) “Erector of pandal” means a person or an association of persons, whether corporate or otherwise, who erects or makes a pandal or any structure for the occupation of people on a regular or temporary basis.; (f) “Fire division” means such a number of fire sub-divisions as may be prescribed; in the State of Jharkhand and declared generally or especially by the Government to be a fire division for this Act; (g) “Fire prevention and fire safety measures” means such measures as are necessary in accordance with the building bye-laws / National Building Code of India for the containment, control, and extinguishing of fire and for ensuring the safety of life and property in case of fire and as may be prescribed in the rules made in this behalf; (h) “Divisional Fire Officer” means an officer appointed by the Government of Jharkhand under section 9 of this Act. (i) “Assistant Divisional Fire Officer” means an officer appointed by the Director General Fire Service under section 9 of this Act. (j) “Fire safety officer” means the person appointed under section 29 of this Act as fire safety officer by the owners and occupiers of certain premises and buildings as specified on this behalf to ensure fire prevention and fire safety measures installed in such premises and buildings; (k) “Fire officer” means an operational member of the Fire Service. (l) “Fire Service” means the Jharkhand Fire Service constituted under section 5 of this Act; (m) “Emergency” means any serious situation or occurrence, including disasters, that happens unexpectedly and demands immediate action of Fire and Emergency Service of the State Government or Local Authority; (n) “Fire station” means a building or premises that house the firefighting equipment, appliances, and staff declared generally or especially by the Government to be a fire station for this Act. (o) “Fire sub-division” means a fire sub-division comprising a such number of fire stations as may be prescribed and declared generally or especially by the Government to be a fire sub-division for this Act. (p) “Government” means the Government of Jharkhand. (q) “Member” in relation to the Fire Service means a person appointed to the Fire Service under this Act; (r) “Multistoried building” means a building with such minimum height as may be prescribed under the rules on this behalf and notified to the Director by the local municipal authority of the area. (s) “Nominated authority” means an officer not below the rank of a Station Officer nominated by the Director as a nominated authority for the purpose of this Act. (t) “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 that are contingent upon it; (u) “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 land or building 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; (v) “Officer-in-charge” means a fire officer in charge of a Fire Station; (w) “Operational member of the Fire Service” means any member of the Fire Service who is required to drive to operate a fire fighting vehicle, firefighting equipment, and appliance at the site of the fire and participate in the actual extinction of fire. (x) “Owner” includes a person who, for the time being, is entitled to receive, the rent of any land or building, whether on his own account or own account of himself and others or as an agent, trustee, guardian, or receiver or any other person or who should show receipt of the rent or be entitled to receive it if the land or building or part thereof where let to a tenant and includes the custodian of evacuee property in respect of evacuee property in him under the Jharkhand Building (Lease, rent & Eviction) Control Act 2011 and Rules, as amended and other relevant Act & Rules. (y) “Pandal” means a temporary structure with a roof or walls made of straw, hay, ulu grass, derma, mat, canvas, cloth, or other like material that is not adopted for permanent or continuous occupancy; (z) “Premises” means any land or any building or part of a building and includes the garden ground and outhouse, if any, appertaining to the 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; Explanation — In this clause, “explosive”, “explosive substance” and dangerously inflammable substance” shall have the meaning, respectively assigned to them in the Explosive Act, 1884 (4 of 1884), the Explosive (Substances) Act, 1908 (6 of 1908) and the Inflammable Substances Act, 1952 (20 of 1952). (aa) “prescribed” means prescribed by Rules made under this Act. (ab) “prescribed authority” means authority prescribed by the Rules made under this Act. (ac) “Sub-Divisional Magistrate” means an officer of the Government appointed as Sub-Divisional Magistrate under sub-section (4) of section 14 of the BNSS, 2023 [46 of 2023] . (ad) “Subordinate Operational Staff” includes every member of the Fire Service of the rank of fireman/ fireman driver, leading fireman/ leading fireman driver and any other equivalent rank; (ae) “Fire Station Officer” means an Officer of the Fire Service appointed as a Fire Station Officer by the Government/Director General of Fire Services; (af) Fire Consultant & Fire Advisor means having minimum technical qualification of Bachelor of Fire Engineering. or M.I. Fire Engineering. or equivalent with a minimum of 10 yrs. experience. CHAPTER — II ORGANISATION, SUPERINTENDENCE CONTROL, AND MAINTENANCE OF THE FIRE SERVICE

3. One Fire Service for the whole of Jharkhand — There shall be one fire service for the whole of Jharkhand and all officers and employees of sub-ordinate ranks of the Fire Service shall be liable for posting to any part of Jharkhand. Provided that this provision shall not apply to the private fire services maintained for providing fire protection coverage to specific buildings or industries by the owner or occupier thereof.

4. Superintendence of Fire Service to vest in the D.G. Fire Service — The superintendence of and control over Fire Service throughout the State of Jharkhand shall vest in the Director General of Fire Services, who shall be assisted by the any other Officer notified by the Government from time to time.

5. Constitution of Fire Service — Subject to the provisions of this Act, - (a) the Fire Service shall consist of such number of posts in the several ranks and have such organization and such powers, functions, and duties as the Government may by general or special order, determine; and (b) the recruitment to, and the pay, allowances, and all other conditions of service of the members of, the Fire Service shall be such as may be prescribed.

6. Classification of the post of Fire Service — The classification of the posts of the Fire Service shall be as follows: - (1) Group ‘A’ post means any post which having regard to its scale the post had been in the State Government, be classified as a Group ‘A’ post under the State Government in accordance with the orders issued by that Government from time to time. (2) Group ‘B’ post means any post which having regard to its scale of pay and emoluments would if such a post had been in the State Government, be classified as a Group ‘B’ post under the State Government in accordance with the orders issued by that Government from time to time. (3) Group ‘C’ post means any post having regards to its scale of pay and emoluments would if such a post had been in the State Government, be classified as a Group ‘C’ post under the State Government in accordance with the orders issued by that Government from time to time. (4) Group ‘D’ post means any post which having regard to its scale of pay and emoluments would if such a post had been in the State Government, be classified as Group ‘D’ post under the State Government in accordance with the orders issued by that Government from time to time.

7. Appointments to Group ‘A’ and Group ‘B’ posts of Fire Service — State Government shall make appointments to any Group ‘A’ or Group ‘B’ posts within the meaning of sub-section (1) and sub-section (2) of Section 6 respectively, only after consultation with the Jharkhand Public Service Commission or as per the relevant guidelines of the Jharkhand Government.

8. Appointment of Director of Fire Service — (1) For the directions and supervision of the Fire Service in Jharkhand, the Government shall appoint a Fire Officer or other equivalent officer to be the Director who shall exercise such powers and perform such duties and other functions as are specified by or under this Act. (1) Subject to the rules made in this regard by the Government, the Director may appoint subordinate staff of Group ‘C’ level including operational members of this category only on the recommendations of the Jharkhand State Staff Selection Commission or any other selecting authority as the Government may, by notification, prescribe, on monthly salaries and such allowances as may be fixed by the Government. (2) Subject to rules made in this regard by the Government, the Director may appoint subordinate staff of Group ‘C’ level including operational members of this category only on the recommendations of the Jharkhand State Staff Selection Commission or any other selecting authority as the Government may, by notification, prescribe, on monthly salaries and such allowances as may be fixed by the Government. (3) Subject to the rules made by the Government in this regard, the Director will be able to appoint Group 'D' employees, including operational members of this category, on such monthly salaries and such allowances as may be fixed by the Government.

9. Constitution of fire zone, fire division, sub-divisions, and fire stations — The Government may — (a) constitute fire zones and fire divisions within the Jharkhand State. (b) divide such fire Zones into fire divisions, and fire divisions into fire sub-divisions, and specify the fire divisions, fire sub-divisions, and fire stations in the fire zone, fire division, and fire sub-division respectively; and (c) define the limits and extent of, fire divisions, fire sub-divisions, and fire stations as may be necessary for administrative and operational efficiency.

10. Certificate of appointment— (1) Every fire officer of the rank of sub-officer and below shall, on enrolment receive a certificate of appointment. (2) The certificate shall be issued under the seal of such officer and shall be in such form as the Director General, Fire Service may by general or special order, prescribe. (3) A certificate of appointment shall become null and void when the person named therein ceases to belong to the Fire Service or shall remain inoperative during the period such person is suspended from the Fire Service. (4) The members of the Fire Service shall be governed by such rules as are applicable to Government servants in relation to the terms and conditions of their service and all other allied matters.

11. Effect of suspension of fire officer. —The powers, functions, and privileges vested in a fire officer shall remain suspended while such fire officer is under suspension from office: Provided that notwithstanding such suspension, such person shall not cease to be a fire officer and shall continue to be subject to the control and discipline of the same authorities to which he would have been if he had not been under suspension.

12. General Powers of the Director. —The Director shall subject to the superintendence and control of the Director General, Fire Service, direct and regulate all matters of firefighting equipment, machinery, and appliances, training, observation of persons and events, mutual relations, distribution of duties, the study of laws, orders, and modes of proceedings and all matters of executive detail or the fulfillment of duties and maintenance of discipline of fire officers and members of the Fire Service under him. CHAPTER-III CONTROL AND DISCIPLINE OF FIRE SERVICE

13. Calling of returns, reports, statements, etc.— The Government may call for such returns, reports, and statements on any subject connected with fire prevention and fire safety, the maintenance of order, and the performance of duties by the Director, fire officers, operational members, members, and subordinate operational staff, and the same shall be immediately furnished.

14. Certain State Rules apply to employees of the Fire Service. — The provisions of the Bihar Government Service Conduct Rules, 1976 (which have been adopted vide notification no.- 2496/Ranchi dtd.- 31.07.2001 of the Department of Personnel, Administrative Reforms and Official Language, Government of Jharkhand), Jharkhand Government Servant (Classification, Control and Appeal) Rules, 2016 & Jharkhand Government Servant (Classification, Control and Appeal) (amendment) Rules, 2022 and Jharkhand Pension Rule, 2000, as amended, from time to time, shall be extended mutatis mutandis to all employees of the Jharkhand Fire Service including Fire Officers, Operational Members, Members and Subordinate Operational Staff.

15. Fire officers deemed to be always on duty and liable to employment in any part of the State.—Every fire officer shall for all purposes of this Act be deemed to be always on duty and any fire officer or any member or crew of fire officers allocated for duty in any part of the State may, if the Director so directs, at any time, be employed on turn out duty in any other part of the State for so long as the services of the fire officer or any member or crew of fire officers may be required in such other part of Jharkhand.

16. Extension of Fundamental Rules and Supplementary Rules to employees of Fire Service. —The provisions of the Fundamental Rules and Supplementary Rules as amended by the Jharkhand Government from time to time, shall be extended mutatis mutandis to all employees of the Jharkhand Fire Service, including fire officers, operational members, members, and subordinate operational staff.

17. Declaration of Fire Service to be an essential service to the community.- (1) Without prejudice to the provisions of any other law on the subject for the time being in force, the Government may, by notification in the Official Gazette, declare the Fire Service to be an essential service to the community. (2) Upon a declaration being made under sub-section (1) and so long as it remains in force, it shall be the duty of every fire officer to obey an order given by any superior officer in relation to any employment in connection with the service specified in the declaration.

18. Penalty for violation of duty. —Notwithstanding any action which may be taken under the provisions of this Act, any member of the Fire Service who (a) is found to be guilty of any violation of duty or willful breach of any provision of this Act or any rule or order made thereunder; or (b) is found to be guilty of cowardice; or (c) withdraws or abstains from the duties of his office without permission or without having given previous notice for fifteen days or more; or (d) being absent on leave fails without reasonable cause to report himself for duty on the expiration of such leave; or (e) accepts any other employment or office or engages himself in business in contravention of the provisions of the Bihar Government Service Conduct Rules, 1976 which have been adopted vide notification no.- 2496/Ranchi dtd.- 31.07.2001 of the Department of Personnel, Administrative Reforms and Official Language, Government of Jharkhand;

19. Restrictions on respecting the right to form an association, etc.— (1) No member of the Fire Service shall, without the previous sanction in writing of the Government or of the prescribed authority; (a) be a member of, or be associated in any way with, any union, labor union, political association or with any class of trade union, labor union, or political association; (b) be a member of, or be associated in any way with any social institution, association, or organization that is not recognized as a part of the Fire Service or is not purely of a social, technical, recreational, or religious nature; or (c) communicate with the press or publish or cause to be published any book, letter, or another document except where such communication or publication is in the bonafide discharge of his duties or is of a purely literary, artistic, or scientific character. Explanation. — (1) If any question arises as to whether any society, institution, association, or organization is of a purely social, technical, recreational, or religious nature under clause (b) of this subsection, the decision of the Government thereon shall be final. (2) No member of the Fire Service shall participate in, or address, any meeting or take part in any demonstration organized by anybody or persons for any political purposes or for such other purposes as may be prescribed. CHAPTER-IV LEVY OF FIRE TAX, FEE, AND OTHER CHARGES

20. Levy of fire tax. — (1) The Municipality may levy a fire tax on lands and buildings which are situated in any area in which this Act is in force and on which, property tax, by whatever name it is called, is levied by any local authority in that area. (2) The fire tax shall be levied in the form of fire tax on the property tax at the such rate in terms of percentage of such property tax as the Municipality may, by notification in the Official Gazette, determine from time to time.

21. Mode of assessment, collection, etc. of fire tax.— The authorities empowered to assess, collect and enforce payment of property tax under the law, authorizing authority the area such tax shall, on behalf of the Government and subject to any rules made under this Act, assess, collect and enforce payment of the same manner as the property tax is assessed, paid and collected; and for this purpose, they may exercise of the powers they have under the law aforesaid to and the provisions of such law including a provision relating to returns, appeals, reviews, references, and penalties shall apply accordingly.

22. Fee on the deployment of Fire Service beyond the limits of Jharkhand. — (1) Where members of the Fire Service are sent beyond the limits of any area in which this Act is in force, in order to extinguish a fire in the neighborhood of such limits on the request of any State Government or local body or fire service authority shall be liable to pay such fee as may be prescribed by the Government from time to time in this behalf. (2) The fee referred to in sub-section (1) shall be payable within one month of the Service of a notice of demand by the Director on the State Government or local body or fire service authority, as the case may be, and if it is not paid within that period, it shall be recoverable as an arrear of land revenue. (3) Private organisations or institutions desirous of obtaining Fire protection services for programs where more than 1000 people are likely to be present, may obtain the same on payment of requisite fees as decided by the Government.

23. Reciprocal fire-fighting arrangements with other fire services. —With the previous sanction of the State Government Director General Fire Service may enter into an agreement with any fire service or the authority which maintains the said fire service, beyond the limits of any area in which this Act is in force for providing personnel of equipment or both, for fire fighting purposes, on such terms as may be provided by or under the agreement on reciprocal basis in the public interest.

24. Powers to enter into arrangements for assistance.— With the previous sanction of the State Government Director General Fire Service may enter into arrangements with any person or organization who employs and maintains personnel or equipment or both, for fire fighting purposes, to secure, on such terms as to payment or otherwise as may be provided by or under the arrangements, the provision by that person or organization for assistance for the purpose of dealing with fire occurring in any area in which this Act is in force. CHAPTER-V GENERAL MEASURES FOR FIRE PREVENTION AND SELF REGULATION

25. Preventive measures. — (1) The Government may, by notification in the Official Gazette, declare any class of occupancy and pandals which, in its opinion, is likely to cause a risk of fire. (2) The Government may, by notification in the Official Gazette, require owner or occupiers, or both, of premises or buildings or erectors of pandals notified under sub-section (I), to take such fire prevention and fire safety measures as may be prescribed.

26. Fire prevention and fire Safety measures in the pandals to be self- regulatory. — (1) Notwithstanding anything contained in this Act, the electors of pandals shall be deemed to be self-regulators for taking fire prevention and fire safety measures prescribed under sub-section (2) of Section 25. (2) The erector of a pandal shall display at a prominent place in the pandal a declaration in the prescribed form and under his own signature to the effect that he has taken all the prescribed fire prevention and fire safety measures therein. (3) It shall be lawful for the Director, nominated authority, or any other officer authorized by the Government or Director General, Fire Services on this behalf to enter and inspect the pandal with a view to verify the correctness of the declaration so made by the erector under sub-section (2) and to point out the shortcomings, if any, with directions to remove them within a specified time. If the directions of the inspecting officer are not complied with within the time so given, the inspecting officer shall seal the pandal. (4) Any erector of a pandal who falsely declares that he has complied with the prescribed fire prevention and fire safety measures in the pandal shall be deemed to have committed an offense punishable under Section 52 of this Act.

27. Removal of encroachments or objects or goods likely to cause risk of fire or any obstruction to firefighting.—(1) Where a notification has been issued under Section 25 it shall be lawful for the Director or any officer of the Fire Service authorized by the Government on this behalf to direct the removal of encroachments objects or goods likely to cause a risk of fire or any obstruction to firefighting, to a place of safety, and on the failure of the owner, occupier or erector, as the case may be, to do so, the Director or such officer may, after giving the owner or occupier or erector, as the case may be, a reasonable opportunity of making the representation, report the matter to the Sub-Divisional Magistrate, in whose territorial jurisdiction the premises or building or pandal is situated, requesting to adjudicate the matter: Provided that where the Director considers such encroachments or objects or goods to be an imminent cause of the risk of fire or obstruction to firefighting, he may direct the owner or the occupier or erector of such premises or building to remove the encroachments or objects or goods forthwith and report the matter to the Sub-Divisional Magistrate accordingly. (2) On receipt of a report under sub-section (I), the Sub-Divisional Magistrate shall give, by means of a notice served in such manner as he may think fit, a reasonable opportunity of showing cause against the removal of encroachment or objects or goods likely to cause a risk of fire or obstruction to firefighting. (3) After giving the owner or occupier or erector, as the case may be, a reasonable opportunity of making representation under sub-section (2), the Sub- Divisional Magistrate may make an order to seize, detain or remove such encroachments or objects or goods. (4) The person charged with the execution of the order as made in sub-section (3) shall forthwith make an inventory of the objects and goods which he seizes under such order, and shall, at the same time, give a written notice as may be prescribed in this behalf, to the person in possession thereof at the time of seizure, that the said objects or goods will be sold as therein mentioned if the same are not claimed within the period stipulated in the said notice. (5) On the failure of the person in whose possession the objects or goods were at the time of seizure to claim the seized goods pursuant to notice given under subsection (4), the Sub-Divisional Magistrate shall sell them accordingly by public auction. (6) Any person aggrieved by any notice or order of the Sub- Divisional Magistrate may, within thirty days from the date of such order, prefer an appeal to the Appellate Authority; Provided that the Appellate Authority may entertain an appeal after the expiry of the said period of thirty days if he is satisfied that there was sufficient cause for not filing it within that period. (7) An appeal to the Appellate Authority shall be made in such form and shall be accompanied by a copy of the notice or order appealed against and by such fees as may be prescribed: (8) An order of the Appellate Authority on an appeal under sub-section (7) shall be final.

28. Powers of members of the Fire Service on the occasion of a fire or rescue. — On the occasion of fire rescue in any area in which this Act is in force, any member of the Fire Service who is in charge of fire fighting operations on the spot may— (a) remove, or order any other member of the Fire Service to remove, any person who by his presence interferes with or impedes the operation for extinguishing the fire or for saving life or property; (b) close any street or passage in or near which a fire is being fought and/or rescue work is in progress; (c) for the purpose of extinguishing the fire and carrying out the rescue operation, break into or through or pull down, any premises for the passage of hose or appliances or cause them to be broken into or through or pulled down, doing as little damage as possible; (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 fire has broken out and utilize the water of any stream, cistern, well or tank, or of any available source of water, public or private, for the purpose of extinguishing or limiting the spread of such fire and carrying out rescue operations; (e) exercise the same powers for dispersing an assembly of persons likely to obstruct the firefighting operations as it 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 officer, in respect of the exercise of such powers; (f) arrest a person who willfully obstructs and hinders a fire service personnel in firefighting and rescue operations and shall hand him over to a police officer or at the nearest police station without avoidable delay along with a brief note giving the time, date and reasons of arrest; and (g) generally, take such measures as may appear to him to be necessary for extinguishing the fire or for the protection of life or property, or both.

29. Appointment of fire safety officer. —Every owner and occupier or an association of such owners and occupiers of the following classes of buildings or premises shall appoint a fire-safety officer who shall ensure the compliance of all fire prevention and fire safety measures and effective operation thereof as provided in this Act and the rules made thereunder, namely (a) Standalone cinema houses with a seating capacity of more than 100 persons or places having commercial complexes with built-up areas of more than 10000 sq. mt. and buildings having multiple cinemas whether having commercial complexes or not; (b) Hotels/hostels/lodge and similar establishments with 50 rooms and above; (c) shopping complexes, district centers, sub-central business districts, including the basement with a built-up area of more than 10000 sq. mt.; (d) multistoried non-residential buildings above 50 meters in height (e) large oil and natural gas installations such as refineries, LPG bottling plants, and similar other facilities; (f) open stadium with a seating capacity of more than 20,000 persons and an indoor stadium with a seating capacity of more than 5,000 persons; (g) hospitals and nursing homes with more than 100 beds; (h) public and semi-public buildings like large surface and sub-surface railway stations, interstate bus terminuses, airports, amusement parks, and other similar buildings; Provided that the Government may, by notification in the official Gazette, from time to time, include any other premises which in its opinion, require the appointment of fire safety officers.

30. Fire safety officers to undergo training. — Fire Safety Officers shall undergo training at the Fire Safety Management Institute or any other Institute as the Government may specify or prescribe for this purpose. Provided that a person who has already undergone such training at the National Fire Service College, Nagpur or at any other equivalent institution recognized by the Government, shall not be required to undergo such training. .

31. Penalty in case of default of non-appointment of fire Safety officer. — (1) If any owner or occupier or an association of such owners and occupiers of a building or premises fails to appoint under section 29, a fire safety officer within thirty days, of the receipt of a notice given on this behalf by the Director or the nominated authority, as the case may be, each one of them shall be deemed to be in default jointly and severally. (2) When the person liable for the appointment of such a fire safety officer is deemed to be in default, such a sum not less than ten rupees per square meter and not exceeding fifty rupees per square meter of the area owned or occupied by him including in the common areas in the premises as determined by the Director, may be recovered from him by way of penalty for each month of default or part thereof. (3) The amount due as a penalty under sub-section (2) shall be recovered as arrears of land revenue. CHAPTER-VI SPECIAL PROVISION FOR THE FIRE PROTECTION AND FIRE SAFETY MEASURES IN CERTAIN BUILDINGS AND PREMISES IN JHARKHAND

32. Special provision for multistoried buildings. — Notwithstanding anything contrary to the provision contained in this Act, the multistoried buildings shall be governed by the provisions of the fire prevention and fire safety measures hereinafter stipulated. The Govt. may register Fire Consultant or appoint a Fire Advisor for the implementation of Fire Prevention measures in multi-storied buildings & for special premises as prescribed by rules framed under this act.

33. Inspection of buildings, premises, etc.—(I) The nominated authority may, after giving three hours’ notice to the occupier, or if there be no occupier, to the owner of any building having such height as may be specified by rules framed under this Act or premises, enter and inspect the said building or premises at any time between sunrise and sunset where such inspection appears necessary for ascertaining the adequacy or contravention of fire protection and fire safety measures: Provided that the nominated authority may enter into and inspect any building or premises at any time if it appears to it to be expedient and necessary to do so in order to ensure the safety of life and property. (2) The nominated authority shall be provided with all possible assistance by the owner or occupier, as the case may be, of the building or premises for carrying out the inspection under sub-section (1). (3) When any building or premises used as a human dwelling is entered under sub- section (1) due regard shall be paid to the social and religious sentiments of the occupiers; and, before any apartment in the actual occupancy of any women who, according to the custom does not appear in public, is entered under sub-section (1), notice shall be given to her that she is at liberty to withdraw, and every reasonable facility shall be afforded to her for withdrawing.

34. Measures for fire prevention and F i r e s a f e t y . — (1) The nominated authority shall, after the completion of the inspection of the building or premises under Section 33 record its views or the deviations from or the contravention of the building bye-laws with regard to the fire prevention and fire safety measures and the inadequacy of such measures provided therein with reference to the height of the building or the nature of activities carried on in such building or premises and issue a notice to the owner or occupier of such building or premises directing him to undertake such measures as may be specified in the notice. (2) The nominated authority shall also give a report of any inspection made by it under section 33 to the Director.

35. Provision regarding certain buildings and premises. — (1) Notwithstanding anything contained in any other law for time being in force the Director or the nominated authority may enter and inspect any building, the construction of which was completed on or before the commencement of this Act or any building which was under construction on such date in such inspection appears necessary for ascertaining the adequacy of fire prevention and fire safety measures in such buildings. (2) The entry and inspection under sub-section (l) shall be done by the Director or the nominated authority in the manner laid down in Section 33. (3) The Director or the nominated authority, as the case may be, shall, after inspection of the building or premises under sub-section (l), and after taking into consideration. — (i) the provisions of the building bye-laws in accordance with which the plan of this said building or premises was sanctioned; (ii) the conditions imposed, if any, by the local authority at the time of the sanction of the plan of the said building or premises; and (iii) the minimum standards for fire prevention and fire safety measures specified for such building or premises as may be specified by rules framed under this Act; issue a notice to the owner or occupier of such building or premises stating therein the inadequacy in regard to the fire prevention and fire safety measures in it and direct the owner or occupier to undertake measures for rectifying the said inadequacy within the period as he may consider just and reasonable. (4) The nominated authority shall also give a report of any inspection made by it under sub-section (1) to the Director.

36. Appeals. — (1) Any person aggrieved by any notice or order of the nominated authority or the Director issued or made under this chapter may prefer an appeal against such notice or order to the Appellate Authority within thirty days from the date of the notice or the order appealed against: Provided that the Appellate Authority may entertain an appeal after the expiry of the said period of thirty days on being satisfied that there was sufficient cause for not filing it within the stipulated period. (2) An appeal to the Appellate Authority shall be made in such form and shall be accompanied by a copy of the notice or order appealed against and by such fees as may be specified by the rules framed under this Act. (3) The order of the Appellate Authority on appeal under sub-section (1) of section 36 shall be final.

37. Penalties for violation of provisions of Chapter VI.— Whoever contravenes any provision of this Chapter shall, without prejudice to any other action taken against him under this Act and rules made there under, 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 and where the offense is a continuing one with a further fine which may extend to three thousand rupees for every day after the first during which such offense continues. CHAPTER-VII MISCELLANEOUS

38. Establishment of a fire training institute. — (1) The Government may establish and maintain a fire training institute in Jharkhand to be known as the “Fire Safety Management Academy” for providing courses of instruction in the prevention and extinguishment of fire the Fire Service personnel and private candidate from industries, hotels, multi-storied buildings and similar others government and non-government establishments as specified in section 29. (2) The Government may extend the training facilities at the academy to be established under sub-section (1) to the fire services under the control of local bodies and industrial undertakings as well as to the state fire services of other States on payment of charges as may be prescribed. (3) Subject to the observance of the general rules applicable to other employees of the Government in relation to training, the members of the Fire Service may be given training in the field of scientific and modem techniques of fire protection and fire safety measures, and allied matters in any institute, within or out of India at the cost and expense of the Government for the administration of the provisions of this Act. (4) A fire officer who undergoes training as provided in subsection (3), shall indemnify the Government to reimburse all such expenses and costs, including the pay and allowances as may be paid to him during the course of training, if he does not serve the Fire Service for a stipulated tenure binding on him in this behalf.

39. Transfer to another area.— The Director or any Fire Officer authorized by the Government in this behalf may, on the occasion of a fire or other emergency in any neighbouring area in which this Act is not in force, order the dispatch of the members of the Fire Service with necessary appliances and equipment to carry out firefighting operations in such neighbouring area and thereupon, all the provisions of this Act and the rules made there under, shall apply to such areas, during the period of a fire emergency or during such period as the Director may specify on such charges as may be prescribed from time to time.

40. Employment on other duties. —-It shall be lawful for the Government or any officer authorized by it on 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.

41. Liability of property owner to pay compensation. 1) Any person whose property catches fire on account of an act of his own or of his agent done deliberately or negligent shall be liable to pay compensation to any other person suffering damage to his property on account of any action taken under Section 28 of this Act or by the officer mentioned therein or any person acting under the authority of the such officer. (2) All claims under sub-section (1) shall be preferred to the Appellate Authority, within thirty days from the date when the damage was caused. (3) The Appellate Authority, shall, after giving the party an opportunity of being heard, determine the amount of compensation due and pass an order stating such an amount and the person liable for the same, and the order so passed shall have the force of a decree of a Civil Court.

42. Power to obtain information.—The Director or any Fire officer, authorized by general or special order on this behalf, may, for the purpose of discharging his duties under this Act, require the owner or occupier of any building or other property as may be specified, to supply information with respect to the character of such building or other property as may be specified, the available water supplies and means of access thereto any other material particulars, and such owner or occupier shall furnish all the information in his possession.

43. Power of entry. — (1) The nominated authority may enter any of the places specified in any notification issued under sub-section (1) of Section 25 for the purpose of determining whether preventive and safety measures against fire required to be taken on such a place have been so taken. (2) The nominated authority shall, after the completion of the inspection of the building or premises under sub-section (1) record its views on the deviations from, or the contravention of, the notification issued under subsection (2) of Section 25 with regard to the fire prevention and fire safety measures and the inadequacy of such measures provided therein with reference to the occupancy of the building or the nature of activities carried on in such building or premises and issue a notice to the owner or occupier or such building or premises directing him to undertake such measures as may be specified in the notice. (3) The nominated authority shall also give a report of any inspection made by it under sub-section (1) to the Director. (4) Save as otherwise expressly provided in this Act, no claim shall lie against any person for compensation for any damage caused unintentionally by any entry made under sub-section (1)

44. Power to seal buildings or premises. — (1) Where, upon receipt of a report from the nominated authority under sub- section (2) of Section 34 or sub-section (4) of Section 35 or sub-section (3) of Section 43, or suo-moto, it appears to the Director that the condition of any building or premises is dangerous to life or property, he shall, without prejudice to any action taken under this Act, by order, require the person in possession or occupation of such building or premises to remove themselves from such building or premises forthwith. (2) If an order made by the Director under sub-section (1) is not complied with, the Director may direct any police officer having jurisdiction in the area to remove such persons from the building or premises and such officer shall comply with such directions. (3) After the removal of the persons under sub-section (1) or sub-section (2), as the case may be, the Director shall seal the building or premises. (4) No person shall remove such seal except under an order made by the Director. (5) Any person who removes such seal except under an order made by the Director shall be punishable with 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.

45. Compensation for water. —No charge shall be made by any local authority for water consumed in firefighting operations by the Fire Service.

46. No compensation for interruption of water supply. —No authority in charge of water supply in any area shall be liable to any claim for compensation for damage by reason of any interruption of supply of water occasioned only by the compliance of such authority with the requirement specified in clause (d) of section 28.

47. Police officers and others to aid. —Every police officer, government, and private agency or person is bound to assist the members of the Fire Service reasonably demanding his or their aid in the execution of their duties under this Act.

48. Failure to give information. —Any person who without any just cause fails to communicate information in his possession regarding an outbreak of fire shall be deemed to have committed an offense punishable under the first part of Section 211 of The Bhartiya Nyaya Sanhita, 2023 (Act. No-45 of 2023)

49. Failure to take precautions. —Whoever fails without reasonable cause to comply with any of the requirements specified in a notification issued under sub- section (1) of Section 25 or a direction issued under sub-section (2) of that section shall be punishable with a fine which may extend to Rs. 1000 (Rs. one thousand) or with imprisonment for a term which may extend to three months, or with both, and where the offense is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such offense continues.

50. Penalty for willfully obstructing the firefighting, and rescue operations. — Any person who willfully obstructs or interferes with any member of the Fire Service who is engaged in firefighting operations, shall be punishable with imprisonment for a term which may extend to three months, or with a fine which may extend to five thousand rupees, or with both.

51. False report. — any person who knowingly gives or causes to be given a false report of the outbreak of a fire to any person authorized to receive such a report by means of a statement, message, or otherwise shall be, punishable with imprisonment which may extend to three months or with fine which may extend to one thousand rupees, or with both.

52. General provision for punishment for the offense.—Whoever contravenes any provision of this Act or of any rule or notification made there under shall, without prejudice to any other action taken against him under this Act and the rules made there under, be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to ten thousand rupees or with both and where the offense is a continuing one with a further fine which may extend to five hundred rupees for every day after the first during which such offense continues.

53. Fire Service functioning in Jharkhand immediately before the commencement of this Act to be deemed to be Fire Service Constituted under this Act. —Without prejudice to the provisions contained in any other law for the time being in force. (a) the fire service functioning in Jharkhand before the commencement of this Act “the existing Jharkhand Fire Service” shall, on such commencement, be deemed to be the Fire Service constituted under this Act and every member of the existing Jharkhand Fire Service holding the office, shall be deemed to be appointed and to hold the office, under this Act; (b) all proceedings pending before any fire officer of the existing Jharkhand Fire Service, immediately before the commencement of this Act be deemed to be proceedings pending before him in his capacity as the holder of the office to which he is deemed to be appointed under clause (a) and shall be dealt with accordingly.

54. Compounding of offenses. — (1) Any offense whether committed before or after the commencement of this Act punishable under sections 26,27,31,37,44,48,49, 50,51, and 52 or any rule made under this Act, may be compounded by such officers and for such amount as the Government may, by notification in the Official Gazette, specify in this behalf: Provided that no offense shall be compoundable which is committed by failure to comply with a notice, order, or requisition issued by or on behalf of the Government or of any of the officers authorized under this Act and until the same has been complied with so far as the compliance is possible. (2) Where an offense has been compounded under sub-section (1), the offender if in custody, shall be set at liberty and no proceeding shall be instituted or continued against him in respect of such, offense.

55. Bar of jurisdiction of Court. —No civil court shall entertain any suit, application or other proceedings in respect of any notice or order under this Act and no such notice or order shall be called in question otherwise than by preferring an appeal under this Act.

56. Cognizance for prosecution. —No court shall proceed to the trial of an offense under this Act, except on the complaint of, or upon information received from, the Director or the officer authorized by him on this behalf.

57. Jurisdiction. -No court inferior to that of a Judicial Magistrate first class shall try an offense punishable under this Act.

58. Protection of action taken in good faith— No suit, prosecution, or another legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or any rules made there under.

59. Special promotion to the subordinate operational staff- To encourage outstanding sportsmen, marksmen, officers, and other subordinate staff who have shown exceptional gallantry and devotion to duty in saving the life and property, the Director may, with the prior approval of the Government, promote such officers out of turn to the next higher rank provided vacancies exist. Such promotions shall not exceed ten percent of the sanctioned strength in such ranks. For purposes of seniority, such promoted officers shall be placed at the bottom of the promotion list drawn up for that year.

60. Death of a member of the Fire Service. —In the event of a member of the Fire Service (other than a gazetted officer), dying while on active duty, the Government shall make all the arrangements and bear all the expenses for the funeral and last rites.

61. Officers to be public servants. —- Every officer acting under the provisions of this Act shall be deemed to be a public servant within the meaning of Section 2 (28) of Bharatiya Nyaya Sanhita, 2023 (45 of 2023).

62. Offences by companies. — (1) Where an offense under this Act has been committed by a company, every person who, at the time the offense 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 offense 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 offense was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such an offense. (2) Notwithstanding anything contained in subsection (1) where any offense under this Act has been committed by a company and it is proved that the offense has been committed with the consent or connivance of, or is attributable to any neglect on the part, of any director, manager, secretary or another officer of the company, such director, manager, secretary or another officer shall also be deemed be guilty of that offense 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.

63. Power to make rules/Regulations: — (1) The Government may by notification in the Official Gazette, make rules/regulations for carrying out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for— (a) Recruitment to, and the pay, allowances and all other conditions of service of the members of the Jharkhand Fire Service under clause (b) of Section 5; (b) Constitution of Fire Division comprising such members of Fire Sub- Divisions under clause (b) of Section 9; (c) Constitution of fire sub-divisions comprising such numbers of fire stations under clause (b) of Section 9; (d) Form of certificate of appointment and fire officer under whose seal such certificate of appointment shall be issued under sub-section (2) Of Section 10; (e) Purposes of meetings or demonstrations under sub-section (2) of Section 19; (f) Mode of assessment, collection, and enforcement of payment of fire tax levied under Section 21; (g) Manner in which fire tax collected under Section, 21 shall be paid to the Government; (h) fee on the deployment of Fire Service beyond the limits of Jharkhand under sub-section (1) of Section 22 and under Section, 39; (i) terms for reciprocal firefighting arrangements with other fire services under Section 23; (j) the minimum standards for fire prevention and fire safety measures for the purposes of subsection (2) of Section 25, Section 32, and clause (i) of sub- section (3) of Section 35; (k) form of declaration under sub-section (2) of Section 26; (l) form of notice under sub-section (4) of Section 27; (m) the height of the building under sub-section (1) of Section 33; (n) form of appeal and fees under sub-section (7) of Section 27 and sub-section (2) of Section 36; (o) charges for extending training facilities at Fire Safety Management Academy to others under sub- section (2) of Section 38; (p) officers of the Fire Service, and the amount for compounding offenses under sub-section (1) of Section 54; (q) making available to the Fire Service with such, appliances and equipment as it deems proper; (r) the adequate supply of water to securing that it shall be available for use; (s) constructing or providing fire stations or hiring places for accommodating the members of the Fire Service and its fire-fighting appliances; (t) giving rewards to persons who have given notice of fires and to those who have rendered effective service to the Fire Service on the occasion of fires; (u) the training, discipline, and good conduct of the members of the Fire Service; (v) speedy attendance of members of the Fire Service with necessary appliances and equipment on the occasion of any alarm of fire; (w) regulating and controlling the powers, duties, and functions of the Director; (x) generally, for the maintenance of the Fire Service in a due state of efficiency; (y) regulating t h e installation of pandals and shamianas; (z) writing of confidential reports fire officers; (za) determining the description and quantity of firefighting and rescue equipment including appliances clothing and other necessaries to be furnished to the Fire Service; (zb) institution, management, and regulation of any fire service fund for any purpose connected with policy administration; (zc) assigning duties to fire officers of all ranks and grades, and prescribing the manner in which and the conditions subject to which, they shall exercise and perform their respective powers and duties; (zd) generally, for the purposes of rendering the Fire Service efficient and preventing abuse or neglect of their duties; (ze) and any other matter which is required to be, or maybe, provided by rules.

64. Laying of rules and regulations before the Legislature of the State of Jharkhand: - Every rule and regulation made under this Act shall be laid, as soon as may be after it is made, before the State Legislature, while it is in session and if notified after the expiry of the session then in the immediately following session. If the Assembly agrees to make any modification in the rule or regulation or agrees that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in a 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 of regulation.

65. Delegation of powers. — (1) The Government may by notification in the Official Gazette direct that any power exercisable by it under this Act shall, subject to such conditions if any, as may be specified in the notification be exercisable by any of the officers of the Government. (2) The Director may, by order, direct that any power conferred or any duty imposed on him by or under this Act shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercised and, performed also by any officer of the Fire Service specified in the order.

66. Repeal and Savings. — (1) The Bi har Fire Service Act, 1948, as applicable in the state of Jharkhand, is hereby repealed. (2) Notwithstanding such repeal, the following general responsibilities of any Local Authority shall not be deemed to be limited, modified, or derogated: - (a) to provide and maintain such water supply and fire hydrants for firefighting purposes as may be directed by the Government from time to time; (b) to frame bye-laws for the regulation of dangerous trades; (c) to order any of its employees to render aid in fighting a fire when reasonably called to do so by any member of the Fire Service; and (d) generally, to take such measures as will lessen the likelihood of fires or prevent the spread of fires.

67. Power to Remove Difficulties. — (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 may appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of two years from the commencement of this Act. (2) Every order made under this Section shall be laid, as soon as may be after it is issued, before the Legislative Assembly of Jharkhand. झारखंड राÏयपाल के आदेश से, (राजेश शरण ͧसंह) Ĥधान सͬचव-सह-ͪवͬध परामशȸ ͪवͬध ͪवभाग, झारखंड, राँची। -------- अधी¢क अधी¢क, झारखÖड झारखÖड राजकȧय मुġणालय राजकȧय मुġणालय, राँची ɮवारा Ĥकाͧशत एवं मुǑġत राँची ɮवारा Ĥकाͧशत एवं मुǑġत, असाधारण) ) 615 – 50