The Manipur Fire Service Act, 1992

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• • - Josie a TTT ge ey Pre mas It F “~ MANIPUR GAZETTE ~~ | FER Bt pellet) [EEE To : RE a b : : me . i ne : Te er ‘ : RET EXTRAORDINARY © of 0 | . wit 30 pUBLISHED BY AUTHORITY =. | dr ~ y of —Ho. 1240 Imphal, Monday, March 15, 1993 (Bhalgana 24, 1914) Fl : — a a GOVERNMENT OF MANIPUR BN SECRETARIAT : LAW & LEGISLATIVE AFFAIRS DEPARTMENT , : NOTIFICATION .
• • os Imphal, the 15th March, 1992 . No. 2/35/92-Leg/L—The following Act of the Legislature, Manipur which weceived assent of the Governor of Manipur on 11-3-93 is hereby. published in
• • ) 7 P07 'LUIBOMCHA SINGH, : PS Rt i $7 whoo Secretary (Law) to the Govt. of Manipur. 3 - resale A Si : ) i #7" “I HPEMANIPUR FIRE SERVICE ACT, 1992 + § : : ha ( Manipur Act No. 2 of 1993) . : | : . sagen ‘ ’ h N Co AN TC Cn = : Cte mpl ACT CC } oo * LI + to provide for the maintenance of a Fire Service for the State of Manipur. . EF © BER énacied by ‘she State Legislature of-Manipur in the Forty-third year of 7." TEN he A 1 Ye Se Les Ea : he ) oy ES cme en
• • 1, . Short title; ‘extent and- commencement.—(1) This. Act may be called the bo panatmIeURil Shel fli oo clei CET : (@) Tt ‘oxfends:to-the Whole of theBtate'of Manipur, +1 vt
• • (3) lt shall conis into fosos in such area and OH ‘Ech ald” aa the Sate rvs | i . @overnmeps - May, - by: notification from time i 15 1 Dv Co Gide 1) . appoint. Seno 1 PRES ; iY 7 2 - «2. + Delipltions; orlr-this-Acs;—umivss therer ts sityEihg Blennti BE Tbjoct or contept— | BN (@) “Director” means the Director of the Manipur Fire Service appointed under Section 4 of this Act ;

1. (b) “Fire Fighting Property” includes— @) land and building: digegtly er indisoatly connected with fire fighting;
   • (ii) fire engines, equipments, toals, implements 39d things whatsoever used Tor fre GghiIg Tn >
   • (iii) moter vehicles and other means of transport used-ia connection with, Ma fire fighting ; and. eC
     • • Tv) uniforms and badges of ranks ; ©) “Fire Station” means any post. or, plage declared generally. Sr inedintir ly © a notification in’ the Official Gazette by the Se Govern? a Fire Station and also includes a Fire Sub-Station;
2. (d) “Fire Service” means the Manipur Fire Service maintained under this Act; (¢) “Licencing Authority” means the Deputy Commissioner or such officer as.may be authorised by the State:Government; {fy “Member” includes a member of the Fire Service who performs directionaly supervisory, executive and operational duties in such ranks as may be prescribed by the State Government; . () “Officer-in-charge of a Fire Station” includes when the officer-in-charge of the Fire Station is absent from the Fire Station or unable from illness or other cause to perform his duties, the Fire Officer present at the Station who is next in rank to such Oficer or any other officer holding charge of the Fire Station in the absence of the officer-in-charge; {h) “Place” means either enclosed or covered or open land having buildings OF premises Within. seventyfive feet on any side of its surroundings; :
   • (i) “Prescribed” means prescribed by rules ade urider this Act;
3. (j) “State Government” means the State Government of Manipur;
4. (k) “Warehouse” means any building oy: place used whether temporarily or permanently for storing, keeping or_otherwise dealing in any manner of such articles which in the opinion of the State Government are considered as inflammable. . . Nt Tee a © ouarth le ee og A SEA Ie } Explanation. —Godowns, factories, workshops, buildings, shops, etc. dealip in any mapper Hith:rowseived inflammable articles will bo regaran mht - for the purpose of this Act; @, “Workshop? 5 ing.9 Whe the: 0 of any Ear har on a LE of such prices which, in the o of the State Government gro considered ag inflammable, aged age-piMcribert ini this repadty . Co . ET RR ET Sesion premier” ments nabs Ee Cm aNd SBR anlar wih sas: etic. lp megs 28 sens . 8 h © MATNTENANGE oF THE FIRE SERVER

There shall be maintained by the State Government a Fire Service to be called the Manipur Fire Service.

The State Government may appoint a person to be the Director of Manipur Fire Service.

The Director or such other officer of the Fire Service as the State Government may authorise in this behalf shall appoint members of the Fire Service in the subordinate ranks in accordance with the rules made under this Act.

In case a warehouse is detected using it without a licence, it shall be lawful for the Director or any officer authorised by the State Government in this behalf, to direct removal of prescribed article likely to cause risk of fire to a place of safety and on failure of the owner or occupier to do so, the Director or such officer may seize, detain, remove, dispose of or destroy such objects or goods in such manner as may be prescribed by the State Government. The Director or such officer as may be authorised will not be liable to pay any compensation in any manner to any person in this respect.

(1) No building or structure of any kind shall be used for public gathering for amusement, entertainment or any other purposes where public may assemble unless the owner or occupier thereof shall have previously obtained a licence. Application for such licence shall be made to the Licensing Authority who shall refer the case to the Director and the Licensing Authority shall grant or refuse such licence as may be recommended by the Director. (2)(i) No licence shall be granted unless the building or structure conforms to such rules and conditions as may be prescribed for purposes of public safety and (ii) advance payment of such fees as maybe prescribed is made. Explanation: Theatres, Cinemas, Circus, Fair, Mela and such other like matters come under the purview of this Section.

may, with the.previous sanction: of the State Government, enter into arrangements yin any person. who employs and maidtains persongel or equipment vr both for re- fighting purposes to secure, on.§uch-term as to payment or otherwise as may be provided by or under the arrangétnents, the provision for the purpose of dedling ‘with fires-occurring in any area in which this Act is in force. oo © ga. Power dt manibets of the Fite Service on occasion ‘of ‘fire:—On the

• • emoasion of ‘fire ip.any arca in which this Act is m farce, ‘any momber of the Hire Service whois in-chatge of fire fighting operations on the ‘spot ‘may— TUT AR) remove, rig oetar eay ster cmenber of tho Eire Seis

amin ee remove -or detain any person who by his presence inferferes with . -

~ Re 5 Jabedes Ee a TA We “the *fiyo ‘or Tor saviog ; or property; SEE PEO : +5) -oloss any strcet or passage in. or mear which a fire. js buming; © for the purpose of extinguishing fire, break into or through or . «IT ge oogining SEs e_chgaged da firs. : aj pins x ute ds » : be - hiakag. 4 2 h . a “or down doing es little damage as ‘possible; 3

1. h -

EET) gequics the authority in charge of water supply in the area to

----rpgujate the wafer mains so "as tg provide water” ata specified pressure at the place where fire ‘has broken ‘out #hd “utilise “the h

. water of any stream, cistern, well or tank or any other availabld

“7. . source of water, public or private for the purpose of extingishing

so or limiting the spread of such fire provided that jn cages. of a. damage done to any soux¢e of water, stream, cistern, wl oF nik belonging to member of the public or association or body

) corporate while utilising water in accordance with. -the--proyjsions

. of this section under this Act, the State Goverpment. may entertain at its discretion, claims ior gowmpensation preferred “by. any

• • affected person or party or body corporate as the~case may be, on merit of each case; - . SRE Te %
• • (¢) exercise the same powers for dispersing an assembly of passoms likely to obstract the fire figh ng “operations as if he is an officer> in-charge of Police Station snd as if such an assembly=is “an ‘ ~~ unlawful assembly and shall be entitled to the same immupitics and protection as-such an Officer in respect of the ezercise of such powers and - . i. - 6) generally take such measures as may appear to him fo be necessary for extinguishing the fire or for the protection of life or property and for which no member of -the Fire Service. working under his order or instructions will’ be civilly or criminally. prosecuted in 3 . Court of law. - . ane RECOVERY FROM LOCAL FIRE SERVICE

The State Government may recover from any Local Authority of any area in which this Act is in force any such contribution towards the cost of the portion of the Fire Service maintained in that area as the State Government may direct from time to time.

(1) There may be levied fire Service fee on land 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 Authority in that area. (2) The Fire service fee shall be levied in the same manner and at such rate not exceeding 10% of such property tax as the State Government may, by notification in the Official Gazette, deem expedient and shall be collected by the Local Authority in the same manner as the property tax and such tax shall continue to be the State Government's exclusive legal right under this Act to assess, collect and enforce payment of the Fire service Fee in the manner as prescribed and in this connection all assessments, appeals, review, revisions, references shall lie.

(1) The amount of compensation payable in respect of any fire fighting property acquired under this Act shall be the prevailing market value of such property on the date of issue of the notice referred to in section 27. (2) the amount of compensation shall be determined in the manner and in accordance with the principles hereinafter set out, that is to say— (a) where the amount of compensation can be fixed by agreement, it shall be paid in accordance with such agreement; (b) where no such agreement can be reached, the State Government shall appoint a person who is or has been or is qualified for appointment as a District and Sessions Judge as arbitrator; (c) the State Government may in any particular case nominate a person having expert knowledge as to the nature of the property acquired to assist the arbitrator and where such nomination is made, the Local Authority concerned may also nominate an assessor for the same purpose; (d) at the commencement of the proceedings before the arbitrator, the State Government and the Local Authority shall state what in their respective opinions is a fair amount of compensation; (e) The arbitrator shall, after hearing the dispute, make an award determining the amount of compensation which appears to him to be just and in making the award he shall have due regard to the circumstances of each case and the provisions of this section and nothing in the Arbitration Act, 1946 shall apply to arbitrations under this section.

The arbitrator appointed under section 29(2)(b) while holding arbitration proceedings under this Act, shall have all the powers of the Civil Court while trying a suit under the Code of Civil Procedure, 1908 (Act V of 1908) in respect of the following matters namely:— (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents; (c) receiving evidence on affidavits; and (d) issuing commissions for examination of witnesses.

© (@ is found So Jo wuilly of #oy vidatios of duty of wilfel breach olay provhion of ths 42 or 83 ful or order mado thereunder; or

© (b) ‘isfound to bo gility of cowardigg;or— -- - o

© vithdram £ gy, Bf. js office wis hot peseigiion 5. wighput havin, © given pi 309, ay LA Os wi s; or © ig *

1. (d) being absent on leave fafls without reasondblé}cause to report himself for duty op gheeRpity of nahiisave; or N : _ (e) accepts any other employment or office in contravention of | i Co © oF Sion TR A: TT ’ ation Ho pegrisions shelf bp ppaishahle ith imprisonment whish muy gxtend ito discs months. Reel] ge poniah ima) srizRg toa ABOBAE natiexsomting shiss guonth’ hagic ‘pay of such member or both. - ses Eg E A

10 communicate 2 Information in his possession regarding an dutbreal of fro shall

: de to have commit papas -punishal un the part ston 176 of the Indian Penal Code. 7 © - Sg PES ‘ersan who knéwin goausqnito Bo ive TE ei Sn EE ” we : a So mmtsed an offence punishable under section 177 of the Indias Peo} Coder TT

-n i

_ 36. Qperafion.of afer lawsinat banred:mdiqthing in his Aat shall ho dadmed

“to prevent ny person from beige Prosequicd Baler fay other law for anyinct 4 omission win onstiutes an offence under that Act; i so Provided that no such prasecution, civil ‘or csimiails halt ibe idstituted except ‘with'the Devious sancion Fon State Government or of the Abthority presceibed in this behalf by the. State Government if ihe aot is-done or putporteiito be done in the discharge of his official duty. - ER a . GENERAL AND MISCELLANEQUS CC ~~ 737. Training Centre: —The State Government may establish and mai » ORO ‘ar more Training Contre in the State for providing courses ole 1 Provention, ‘fire fighting and rescue operations ard may close down. or fe-estal

-in any employment or office whatsoever other than his duties under this Ac unless -expressly permitted to do so by the Director. =, 8. Transfer to other area:—The Djrecfor or any dfficer authorised. by . “the ‘State ‘Government in -this behalf may, on the occasion .of ;2 fro. or.athar. emergency ia any neighbouring ‘area in which this Act is not in force, order [ “the despatch of the member of pi? Fire Service with necessary appliances EB ipments 40 gacry on fire fshtiag .opetations in suck neighbouring pd pH thereppon the provisians of this éctand ‘the Rules madetherspoder shall apply to such area during the period of fire or emergency or during the period as the Director may specify. EE #. Employment on other duties: —It shall be ‘dawfyl for ithe Stats Government or any officer authorised by it in this-behalf to employ the Fire Service in any rescue, salvage or od work for hich Ag suitable, by reason of its raining, Apel s aHipmenss. Kt ball ; ithe suty ~of the Fire Service 3p provide APRRODEIAE AeFiices And ceskie! +to ithe Pemple ip distress situation. Co : 41, Enquiry into origin of fire and report to Magistrate: Whee any dice has occurs within rt in which this Act is in force, the seniormost officer in rank among "the members of -the Fire Service in that Apall . ascertain othe fagt as fo the origin and cause of such fre and ih ke a wepart thereon to the Magistrate having jurisdiction ‘in the place ‘fn “which

• • such fre occurs and the APIs suis in oy case where he may
• • deem fit summon witnegses and take evidence in order to further .psceain ~sueh fact. Spch Mecuinatc shail submit Jiis fading -1o.the oven ‘REeVided ' fat copies -of ‘all reports and of all evidences Tecpud Yadsr - this . section shall be furnished, on application, to any Fire Insurance Company -or_other interested persons qn payment for such eqpiess oo ! RE. of property -owier compensa 0, dr. om : hort oY enero ie Flay Prisha FE own or of hi agent done deliberately or Teslipently shail be liable to pay compensation iy owann aufrien 0 1" ronecy “an” dosent of 3 3H Shes one duff ar hi at hy any olor Bea Te ~Or any person acting under the authority of such officer. €2) All claims under sub-section OF shall be preferred to the - District Magistrate within thirty days from the date when the damage] was caused.

1. (3) The District Magistrate shall, after giving the parties an opportunity of being heard, determine the amount of compensation due and pass an order stating such amount and the person liable for the same and the order so passed shall have the force of a decree of a civil court.

Any officer of the Fire Service not below the rank of Officer-in-Charge of a Fire Station or Sub-Station may for the purpose of discharging his duties under the 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, the available water supplies and the means of accesses thereto and any other material particulars and such owner or occupier shall furnish all the information in his possession.

(1) The Director or any member of the Fire Service authorised by him in this behalf may enter any of the place specified in any notification issued under section 11(1) for the purpose of determining whether precautions against fire required to be taken on such place have been so taken. (2) No claim shall lie against any person for compensation for any damage necessarily caused by any entry made under sub-section (1).

No charge or objection shall be made or raised by any Local Authority or individual for water consumption in fire fighting operations by the Fire Services.

Any person who possesses any information regarding an outbreak of fire shall communicate the same by quickest means to the nearest Fire Station.

No suit, prosecution or other legal proceedings shall lie against any member of the Fire Service for anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder.