section 2
Definitions
The Madhya Pradesh Fire and Emergency Services Act, 2026General202638 sections
Statutory text
- (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) 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.
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