The Madhya Pradesh Fire and Emergency Services Act, 2026

1. (1) This Act may be called the Madhya Pradesh Agnishaman Evam Apatkalin Sevayen Adhiniyam, 2026.
2. (2) It extends to the whole of the State of Madhya Pradesh.
3. (3) It shall come into force 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 this Act.

1. (1) In this Act, unless the context otherwise requires, .-
   • (a) "Appellate Authority" means an officer appointed by the State Government, who is at least one rank higher than the Officer against whose order the appeal lies as prescribed;
   • (b) "Building" includes any structure or erection or part of a structure or erection which is intended to be used for residential, industrial, commercial or other purposes, whether in actual use or not;
   • (c) "Building bye-laws" shall have the same meaning, as assigned to it in the State municipal laws, or State land development rules;
   • (d) "Competent Authority" means such an authority, as defined and bestowed with such powers, as are prescribed by the rules made under this Act;
   • (e) "cowardice" implies an intentional, shameful failure of character and duty by any personnel, when facing an imminent danger of life and property;
   • (f) "Director" means the Director of Fire and Emergency Service;
   • (g) "Disaster" means a catastrophe, mishap, calamity or grave occurrence in any area, arising from natural or manmade causes or by accident or negligence, which results in substantial loss of life or human suffering or damage to and destruction of, property, or damage to or degradation of, environment and is of such a nature or magnitude, as to be beyond the coping capacity of the community of the affected area;
   • (h) "Emergency" means any serious situation or occurrence, including disasters, that happens unexpectedly and demands immediate action of the Fire and Emergency Service of the State Government or local body;
     • (i) "Erector" means a person or association of persons, who erects or makes a pandal or any structure for occupation of people, on a regular or temporary basis;
   • (j) "Fire Officer" means a person appointed by the State Government, urban local body or the competent authority for fire fighting operations and for matters connected therewith and incidental thereto;
   • (k) "Fire prevention and life safety measures" means such measures, which are necessary for the containment, control and extinguishing of fire and for ensuring the safety of life and property in case of fire;
   • (l) "Fire safety supervisor" means the person appointed under Section 16 by the owner or occupier of certain premises and buildings, as specified in this behalf to ensure fire prevention and fire safety measures installed in such premises and buildings;
   • (m) "Fire Station" means a building erected to house the fire fighting equipment, appliances and staff, declared generally or specially by the State Government to be a Fire Station and other field formations, as constituted in Section 6;
   • (n) "Local body" means a Municipal Corporation, Municipal Council, Nagar Parishad, Zila Panchayat, Janpad Panchayat, Gram Panchayat or any local body constituted under any relevant State law;
   • (o) "Occupancy" means the principal occupancy, for which a building or a part of the building is used or intended to be used, including subsidiary occupancies, which are contingent upon it;
   • (p) "Occupier" means,-
     • (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; or
     • (ii) an owner, in occupation of or otherwise using his land or building, or
     • (iii) a rent-free tenant of any land or building; or
     • (iv) a licensee, in occupation of any land or building; or
     • (v) any person, who is liable to pay to the owner damages for the use and occupation of any land or building.
   • (q) "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 on account of himself and others as an agent, trustee, guardian or receiver or any other person or who shall so receive the rent or be entitled to receive it, if the land or building or part thereof were let to a tenant;
   • (r) "pandal" means a temporary structure with a roof or walls made of straw, hay, ulu grass, golpatta, hogla, darma, mat, fiber material, canvas, cloth or other like material, which is not adopted by anyone for permanent or continuous occupancy; "personnel" means a person deployed for purpose of Fire and Emergency operations.
   • (t) "Qualified agency" means a person or an association of persons, having technical specialization in the field of Fire/Civil/Mechanical/Electrical Engineering/Technology, Industrial Safety, Disaster Management or Chemical Science, from a recognized university and having sufficient domain knowledge and accomplishments in the field of Fire Service;
   • (u) "State Government" means the Government of Madhya Pradesh.
2. (2) All other words and expressions used herein but not defined and defined in the Madhya Pradesh Municipal Corporation Act, 1956 (23 of 1956), the Madhya Pradesh Municipalities Act, 1961 (37 of 1961) and the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (1 of 1994) or any other relevant Act, shall have the meanings respectively assigned to them in those Acts.

There shall be one Fire and Emergency Service for the whole of the State and all officers and sub-ordinate rank of the Fire and Emergency Service may be posted to any office or any field formation: Provided that the State Government may, by notification in the Official Gazette, declare any Fire Brigade or any other Local Fire and Emergency Service of any local body of the State, by whatever name called, that the same shall form or shall not form the part of State Fire and Emergency Service at any time.

The superintendence of the Fire and Emergency Service throughout the State shall vest in the State Government while operational control shall vest with the urban local body and the competent authority.

There shall be a Director of Fire and Emergency Service, who shall exercise such powers and perform functions, as may be prescribed by the rules.

1. (1) The State Government, may on its own or on the recommendation of the urban local body, may constitute as many fire station and other field formations, as it deems fit for fire prevention and life safety.
2. (2) Subject to the superintendence of the Director and operational control of the respective urban local body or the competent authority, the officer-in-charge of a fire station and personnel appointed therein, shall exercise such powers and perform such duties, as are conferred and imposed upon them under the rules.

Whenever, it appears necessary to the urban local body to augment the Fire and Emergency Response System, it may enroll volunteers for such area and on such terms and conditions, as may be prescribed by the rules.

The Fire and Emergency Service shall respond to all fire and emergency related calls from any area in the State, as per such standard operating procedures, as the State Government may determine.

1. (1) On the occasion of fire or emergency response, any personnel responsible for the Fire and Emergency response, who is in-charge of fire fighting operations may,-
   • (i) remove any person, whose presence interferes with fire fighting or emergency response or arrest any person, who wilfully obstructs or hinders fire fighting or rescue operations;
   • (ii) enter upon, break into or remove any premises or structures, as may be necessary for carrying out fire fighting or emergency response including for the passage of appliances;
   • (iii) close any street or passage in or near, where fire or emergency response is in progress;
   • (iv) disperse an assembly of persons likely to obstruct the fire-fighting or emergency response;
   • (v) require the authority in charge of water supply in the area to regulate and provide water at a specified pressure;
   • (vi) take such measures, as may be prescribed and as may appear to him to be necessary for extinguishing the fire or for the protection of life and property, or both.
2. (2) The manner of exercise of the powers under this section, the procedure to be followed, safeguards to be observed and any ancillary matter shall be such, as may be prescribed.

1. (1) The personnel of the fire- fighting operations shall draw water from any source in the area, which he considers necessary during fire-fighting operations and on such occasions, as may be required and the authority or owner or occupier having control over such water source shall supply water for that purpose.
2. (2) The District Magistrate and local body shall take all reasonable measures for ensuring that an adequate supply of water is available for use in the event of fire.
3. (3) No charge shall be paid for water consumed in fire-fighting operations by the Fire and Emergency Service.

1. (1) The State Government may, by notification, require the owner or occupier of premises in any area or of any class of premises used or the erector of pandal, which in its opinion, are likely to cause risk of fire, to take such precautions for prevention of fire emergency, as may be specified in such notification.
2. (2) Where such notification has been issued, it shall be lawful for the Director or Fire Officer to direct the removal of objects or goods likely to cause risk of fire, to a place of safety and on failure by the owner or occupier or the erector to do so, the Director or Fire Officer may, after giving the owner or occupier or the erector, a reasonable opportunity of making the representation, seize, detain or remove such objects or goods.
3. (3) The Director or Fire Officer shall ensure that Fire and Emergency Management Plans of the Fire Station and other field formations shall be prepared in conformity with the respective District Disaster Management Plans.

1. (1) The owner or the occupier, who are either individually or jointly responsible for a building, as classified by regulations or part thereof, shall provide such fire prevention and life safety measures, as may be prescribed or notified.
2. (2) No authority empowered to issue the occupancy certificate, shall issue the same, unless it is satisfied that the owner or the occupier, either individually or jointly, has complied with the provisions as given in sub-section (1)
3. (3) The owner shall obtain fire plan approval or fire safety certificate from competent authority of Fire and Emergency Service: Provided that the State Government may, by notification, include or exclude any building or group of buildings from obtaining fire plan approval or fire safety certificate from Fire and Emergency Service:

Issue of fire plan approval or fire safety certificate

1. (1) The competent authority or any officer authorised by him on receipt of application for issuance of fire plan approval or fire safety certificate shall examine the compliance with regard to the requirement of Section 12 and the rules made in this behalf and upon satisfaction thereof and after making necessary inquiry, if any, shall issue a fire plan approval or fire safety certificate, as the case may be, within the stipulated time and subject to the conditions, as may be prescribed.
2. (2) No person shall tamper with, alter, remove or cause any injury or damage to any fire prevention and life safety equipment installed in any such building or part thereof or instigate any other person to do so.
3. (3) The owner or occupier or the applicant, as the case may be, shall at all times, keep the equipment and appliances in optimal functional condition.

1. (1) Where, as per order, notification and rules, passed, issued and made under Section 12 and 13, as the case may be or suo-moto, it appears to the competent authority 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 and after giving a reasonable opportunity of hearing, by order, require the person in possession or occupation of such building or premises, to remove themselves from such building or premises forthwith and seal the building or premises if required, in the manner as may be prescribed by the rules.
2. (2) If an order under sub-section (1) is not complied with, the competent authority may direct any police officer to remove such persons from the building or premises and such officer shall comply with such directions.

1. (1) The Director or any officer authorised by him may grant license to any person or association of persons, who fulfills the necessary qualifications as qualified agency.
2. (2) The procedure for application, terms and conditions, validity, suspension, cancellation of license shall be, as prescribed.
3. (3) Qualified agencies may carry out the following functions,-
   • (a) submission of fire plan on behalf of the owner;
   • (b) conduct of inspection on behalf of the Director, as and when authorised;
   • (c) grant of third party certifications;
   • (d) preparation of audit reports;
   • (e) such other functions, as may be prescribed.

To ensure effective fire prevention and life safety measures in a building or premises requiring fire safety certificate, every owner and occupier or occupiers, individually or jointly, as the case may be, shall,-

1. (i) appoint a fire safety supervisor, having such qualifications and training, as may be prescribed;
2. (ii) send the compliance report to the competent authority:

Power of inspection The competent authority or any fire officer authorised by him, may enter and inspect such place or building for ascertaining the adequacy or contravention of fire prevention and life safety measures, in the manner, as may be prescribed.

1. (1) 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 report by means of a statement, message or otherwise, shall be liable to a penalty, which may extend upto rupees twenty thousand.
2. (2) Whoever contravenes any provision of sub-section (1) of Section 10 shall, without prejudice to any other action taken against him under this Act, be liable to a penalty, which may extend upto rupees fifteen thousand and where the offence is a continuing one, with a further penalty upto rupees three thousand, for every day after the first day, during which such offence continues.
3. (3) Whoever fails without any reasonable cause to comply with any of the requirements of sub-section (2) of Section 11, shall be liable to penalty, which may extend upto rupees fifty thousand and where the offence is a continuing one, with a further penalty upto rupees five thousand, for every day after the first day during which such offence continues.
4. (4) Whoever fails without any reasonable cause to comply with any of the requirements of sub-section (1) of Section 12, shall be liable to penalty, which may extend upto rupees one lakh and where the offence is a continuing one, with a further penalty upto rupees five thousand, for every day after the first day during which such offence continues.
5. (5) Any person who removes such seal, except under an order made by the competent authority under Section 14, shall be liable to penalty, which may extend upto rupees five lakh.
6. (6) Failure to appoint a fire safety supervisor under Section 16, within 30 days of the notice given by the competent authority or the fire officer, shall render the persons jointly or severally liable and where the person is found to be in default, a sum of penalty shall be imposed on them, which shall not be more than ten rupees per square meter, inclusive of common areas and where the offence is a continuing one, with a further penalty upto rupees ten thousand, for every day after the first day during which such offence continues.
7. (7) Any person who willfully obstructs or interferes with any personnel engaged in firefighting and rescue operations, shall be liable to a penalty, which may extend upto rupees one lakh.
8. (8) Non-procurement of a fire plan approval or fire safety certificate shall, without prejudice to any other legal remedy, be punishable with penalty, which may extend upto rupees five lakh and where the offence is a continuing one, with a further penalty upto rupees ten thousand, for every day after the first day during which such offence continues.
9. (9) Whoever contravenes any provision of this Act or any rule made thereunder, for which no specific penalty has been provided under the foregoing provisions, shall be liable to a penalty, which may extend upto rupees ten thousand: Provided that no order imposing penalties shall be passed, unless a reasonable opportunity of being heard, is given.

Penalty for dereliction of duty Notwithstanding any action, which may be taken under the provisions of this Act, any personnel, who,-

1. (a) is found to be guilty of dereliction of duty or wilful breach of any provisions of this Act or any rule or order made thereunder; or
2. (b) is found to be guilty of cowardice; shall be punishable with imprisonment for a term of three months or with fine upto an amount not exceeding three months' salary of such personnel or with both.

1. (1) Deliberate or negligent acts causing fire, render the responsible party or his agent liable for damages to the party, whose property is harmed by actions taken under Section 9.
2. (2) All claims under sub-section (1) shall be referred to the competent authority, within thirty days from the date, when the damage was caused. The competent authority shall decide the claims, as expeditiously as possible, but not later than 90 days from the date when the damage was caused.
3. (3) Any person aggrieved by the decision of the competent authority, may prefer an appeal before the appellate authority. The Appellate Authority shall, after giving an opportunity of hearing to the concerned parties, pass an order determining the amount of compensation to be paid by the responsible party to the party affected and the order so passed, shall have the force of a decree of a civil court.

Where an offence 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:

Protection of action taken in good faith No suit, prosecution or other legal proceeding shall lie against any person for anything done or intended to be done in good faith in pursuance of this Act or any rules made thereunder.

An officer not below the rank of a Sub-divisional Magistrate, either suo-moto or on the complaint of or upon information received from the competent authority or the officer authorized by him in this behalf, may impose penalty for any offence committed under this Act.

No court inferior to that of any Judicial Magistrate shall try an offence punishable under Section 19 of this Act.

1. (1) Any person aggrieved by an order of any officer made under this Act, may prefer an appeal against such order before the Appellate Authority within thirty days from the date of the order appealed against: 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.
2. (2) An appeal to the Appellate Authority shall be made in such form and shall be accompanied by a copy of the order appealed against and with such fees, as may be prescribed by rules.
3. (3) The decision of the Appellate Authority thereon shall be final and binding on all the parties thereto.

1. (1) The State Government shall establish and facilitate such training and capacity building facilities to the Fire and Emergency Service, as may be prescribed.
2. (2) The district magistrate or the local body shall conduct community awareness and training programmes on preventive measures on fire and other emergencies.

Levy of fire tax

1. (1) There may be levied 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 called, is levied by any local body in that area: Provided that no fire tax shall be levied on any building, if exempted by the State Government.
2. (2) The fire tax shall be levied in the form of a surcharge on the property tax, at such rate in terms of percentage of such property tax, as the State Government may determine, from time to time.
3. (3) The local bodies empowered to assess, collect and appropriate payment of property tax under the law shall, assess, collect and appropriate payment of the fire tax as may be prescribed.

Without prejudice to the provisions of any other law on the subject, for the time being in force, the State Government may, by notification in the Official Gazette, declare the Fire and Emergency Service as an essential service.

On the occasion of a fire or other emergency in any neighboring area, wherein this Act is not in force, the personnel shall be deployed with necessary appliances and equipments, in order to carry out fire fighting operations in such area on payment of such charges, as may be prescribed, from time to time and thereupon all the provisions of this Act and the rules made thereunder shall apply to such area.

The State Government or any officer authorized by it in this behalf, may deploy the personnel in any rescue, salvage or other works, for which it is suitable by reason of its training, appliances and equipment.

The Director or any personnel authorized by an order in this behalf may, for the purpose of discharging his duties under this Act, require the owner or occupier of any building or other property, to supply information with respect to the character of such building or other property, 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.

Any amount payable under this Act shall be recovered in the manner provided herein below,-

1. (1) Where any amount is liable to be recovered, the competent authority shall with the least practicable delay, issue a notice to the person liable for the payment thereof;
2. (2) If the person, to whom a notice has been served under sub-section (1), does not within fifteen days from the service of such notice, pays the amount so demanded in the notice, then such an amount with all cost of recovery and interest, may be recovered by the competent authority.
3. (3) The competent authority may order recovery by distress and sale of any movable property or attachment and sale of immovable property belonging to such person.

In fire or emergency operations or any other duties related to removal of person, seizure, detention or removal of any goods involving risk of fire, it shall be the duty of a police officer or employees of the police force to assist and aid the fire officer in performance of such duties under this Act.

The State Government may, by notification in the official Gazette, make rules for carrying out the provisions of this Act.

The State 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, shall be exercisable by any of the officers of the State Government or local body.

The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force, in any area, in which this Act is in force.

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, 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.
2. (2) Every order issued under this section shall be laid, as soon as may be after it is issued, before the Legislative Assembly of the State.

If immediately before the day, on which this Act comes into force in an area, there is in force in that area any law or rule having the force of law, which corresponds to this Act, such corresponding law in so far as, any matter for which provision has been made in this Act, shall on that day stand repealed: Provided that such repeal shall not be deemed to limit, modify or derogate from the general responsibility of any local body,-

1. (i) to provide and maintain such water supply and fire hydrants for fire fighting purposes, as may be directed by the State Government, from time to time;
2. (ii) to frame bye-laws for the regulation of dangerous trades;
3. (iii) to order any of its employees to render aid in fighting a fire, when reasonably called upon to do so by any personnel of the fire service; and
4. (iv) Generally, to take such measures as shall lessen the likelihood of fires or preventing the spread of fires.