section 28
Removal of encroachments, objects or goods likely to cause risk of fire or any obstruction to firefighting
The Lakshadweep Fire and Emergency Service Regulation, 2026General202674 sections13 chapters
Chapter VI PREVENTIVE MEASURES
Statutory text
- (1) Where a notification has been issued under sub-section (1) of section 25, it shall be lawful for the nominated authority to issue direction to the owner or occupier or erector, as the case may be, for removal of the objects, goods or encroachments, if any, that are likely to cause fire or any obstruction to firefighting to a place of safety, by means of a notice served in such manner as he may think fit.
- (2) If the owner, occupier or erector, as the case may be, fails to comply with the precautions under sub-section (1) of section 25 or directions under sub-section (3) of section 26, the nominated authority may, report the matter to the Sub-Divisional Magistrate, in whose territorial jurisdiction the premises or building or pandal is situated, for adjudication.
- (3) Where the nominated authority considers objects or goods or encroachments referred to in sub-section (1) to be an imminent cause of risk of fire or obstruction to firefighting, he may seize or remove the objects or goods or encroachment forthwith and report the matter to the Sub-Divisional Magistrate.
- (4) On receipt of a report under sub-section (2) or (3), the Sub-Divisional Magistrate shall issue a notice to the owner or occupier or erector, as the case may be, in such manner as he may think fit, giving such owner or occupier or erector, an opportunity for making representation against the removal of encroachment or objects or goods likely to cause a risk of fire or obstruction to firefighting.
- (5) After giving the owner, occupier or erector, as the case may be, a reasonable opportunity of making representation under sub-section (4), the Sub-Divisional Magistrate after considering the representation, may withdraw the notice or pass an order directing any person to seize, detain or remove such objects or goods or encroachments within such time from the date of order.
- (6) The person charged with the directions under sub-section (5) shall, make an inventory of the objects and goods that are seized under such order and give notice in such form as may be prescribed, to the person in possession thereof at the time of seizure, that the said objects or goods shall be sold if the same are not claimed within the period stipulated in the said notice and inform the Sub-Divisional Magistrate about the seizure.
- (7) If the person from whom the objects and goods were seized under sub-section (5) fails to claim the seized objects and goods pursuant to notice given under sub-section (6), the Sub-Divisional Magistrate may sell such objects and goods by public auction.
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