Process to issue orders against owners, occupiers, and erectors, except in case of pandals.

(1) No officer shall impose any fine, cancel any Provisional or Final Fire Safety Certificate, shut down, seal or demolish any building, or seize or remove any goods under any provision of this Act without a written order to that effect. An order purported to be made under this Act shall only be considered valid if it is made after following the procedure outlined in this section: Provided that a Fire Officer shall not be required to issue a written order in accordance with the proviso to sub-section (1) of section 33, and section 36. (2) The procedure highlighted in this Chapter shall be applicable in addition to, but not in derogation of, the procedure specified in any other provision of this Act for the imposition of a particular order. (3) Before making an order, the Government, Director or Fire Officer, as the case may be, must,- (i) issue a show-cause notice which contains the following particulars, namely:- (a) a description of the nature of the order that the Government, Director or the Fire Officer seeks to impose on the recipient of the notice; (b) the provision of the Act or the rules that empower the Government, Director or the Fire Officer to impose the order; (c) a clear description of facts and circumstances on the basis of which the Government, Director or the Fire Officer have reached the prima facie opinion that the intended order is warranted under this Act; (3) (d) an invitation to the recipient of the notice to show cause within such time as may be prescribed in the show-cause notice: Provided that every notice shall specify sufficient time for the recipient of the notice to prepare their representations. In the interest of the time being sufficient, the time to show cause shall in no case be less than two working days; (ii) give an opportunity to the recipient of the show-cause notice to make representations, in writing: Provided that no order for sealing or demolition of buildings or the revocation of a Qualified Agency’s license shall be made without giving a hearing: Provided further that the recipient of the show-cause notice shall have the right to be represented by a legal counsel during the hearings: Provided further that the right of the recipient of the notice to be represented by a legal counsel in the hearing shall not be construed to impose any duties on the Government to provide access to legal counsel to a person. (4) While issuing an order, the Government, Director or Fire Officer shall record their reasons in writing in such order: Provided that a mere reproduction of the provision of the Act or rule that empowers the Government, Director or Local Authority or Fire Officer to impose the order shall not be considered to be adequate reason for the purposes of this Chapter. (5) Any person aggrieved by an order under this Act shall have the right to prefer an appeal against such an order. The appellate authority to which the appeal is preferred, the form and time in which the aggrieved person must prefer an appeal, and the time in which the appellate authority shall decide an appeal shall be such, as may be prescribed and different details may be prescribed with respect to appeals against different orders. An aggrieved person may also have the right to appeal the decision of an appellate authority, wherever prescribed: Provided that no person aggrieved by an order shall be given less than seven days to prefer an appeal against the order: Provided further that each appellate authority shall have the power to condone delay of up to thirty days to prefer an appeal, if the appellate authority considers the delay to be caused by legitimate reasons. Whenever the appellate authority condones delay, it shall record the reasons for it in writing. (6) The Government may make such rules to modify the above process to issue orders against owners, occupiers, and erectors, as it may deem fit.