Chapter I PRELIMINARY

Short title, extent and commencement

1. (1) This Act may be called the Sikkim Fire and Emergency Services Act, 2023.
2. (2) It shall extend to the whole of Sikkim.
3. (3) It shall come into force in any area 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.

Def initions ln this Act, unless the context otherwise requires,

1. (a) "Appellate Authority" means the Director, Fire and Emergency Service or any other Officer appointed by the State Government, who is at least two ranks higher than the Fire Officer;
2. (b) "Building" shall have the same meaning assigned to it in the relevant municipal law or any law for the time being in force in the area in which this Act is in force and includes places or premises comprising land or building, or part of a land or building, whether authorized or otherwise, outhouses, if any, pertaining to such building or part thereof and petrol, diesel or gas lines, installations or pumps;
3. (c) "Building bye-Laws" means the bye-laws, rules and regulations for buildings made under any relevant municipal law and includes the development control rules or regulations, by whatever name they are called, or any other building rules or regulations made under any other law for the time being in force as amended from time to time;
4. (d) "Bye laws" means fire safety regulations or norms or guidelines made under National Building Code of lndia, Model Building Bye-laws, 2016 made by Government of lndia, Oil lndustry Safety Directorate guidelines, Petroleum Act and Rules, Explosive Act and Rules of lndia relating to fire prevention, or any relevant guidelines by the State Government or local Authority as amended from time to time; (e) (f) "BureaLl of lndian Standard (BlS)" means National Standard body of lndia established under BIS Act, 1986 as amended from time to time; "Direclor" means the Director of the Fire and Emergency Service appointed by the State Government under section 6 of this Act; (h)
5. (g) "Disasters" means disasters as defined in Disaster Management Act, 2005 as amended from time to time; "Employee" means a person appointed to the Fire and Emergency Service under this Act;
   • (i) "Emergency" means any serious situation or occurrence, including disasters, that happens unexpectedly and demands immediate action of Fire and Emergency Service of the State Government or Local Authority;
6. (j) "Erector" means a person or association of persons, whether corporate or otherwise, who erects or makes a pandal or any structure for occupation of people on a regular or temporary basis;
7. (k) "Fire Officer" means an officer appointed by the State Government for fire stalions and other field formations as per the section B of this Act;
8. (l) "Fire Station" means a building erected to house the fire-fighting equipment, appliances and staff, declared generally or specially by the State Governmenl to be a Fire Station;
9. (m) "Fire Prevention and Life Safety Measures" means such measures as are necessary in accordance with the National Building Code. of lndia for the containment, control, and extinguishing of fire and for ensuring the safety of life and property in case of fire and as may be prescribed in the rules made in this behalf;
10. (n) "Fire Safety Officer" means the person appointed under section 26 of Chapter V of this Act by the owner or occupier of certain premises and buildings as specified in this behalf to ensu re f ire prevention and fire safety measures installed in such premises and buildings; (p)
11. (o) "Fund" means fund constituted under section 51 of this Act; "Local Authority" means a municipal corporation, Nagar Panchayat, Municipality, Zilla Panchayat, Gram Panchayat, Notified Area Committee or Cantonment Board constituted under relevant local law;
12. (q) "Local Fire and Emergency Service" means Local Fire and Emergency Ser \ u as may be notified by the State Government;
13. (r) "National Building Code" means the book or books containing Fire Preventi rn and Life Safety Measures to be implemented in the buildings, places, premises, workshops, warehouses and industries, published from time to time by the Bureau of lndian Standards; "Nominated Authority" means an officer not below the rank of a station officer nominated by the Director as a nominated authority for the purposes of this Act;
14. (t) "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;
15. (u) "OccLrpier" 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;
    • (ii) an owner in occupation of, or otherwise using his land or building;
    • (iii) a rent-free tenant of any land or building;
    • (iv) a licensee in occupation of any land or building; and
    • (v) any person who is liable to pay to the owner damages for the use and occupation of any land or building;
    • (v) "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 ol himself and others or as an agent, trustee, guardian or receiver or any other person, or who should so receive the rent or be entitled to receive it if the land or building or part thereof were let to a tenant;
16. (w) "Pandal" means a temporary structure with a roof or walls made of straw, hay, ulu grass, golpatta, hogla, darma, mat, canvas, cloth or other like material which is not adopted for permanent or continuous occupancy;
    • (x) "Qualified agency" means a person or an association of persons having technical specialization in the field of Fire, Civil, Mechanical Engineering, Technology, lndustrial Safety, Disaster Management or Chemical Science from a recognized university and having sufficient domain knowledge and accomplishments in the field of Fire Service. Qualified Agency shall also be called as Third Party Auditor; (y) (z) "State Government" means the State Government of Sikkim; "standing Fire Advisory Council (SFAC)'1 means the advisory body constituted by the Union Ministry of Home Affairs to examine the technical problems relating to Fire Service and to make recommendation to the Government of lndia in the matter including the standardization of fire-fighting equiprnent through the lndian Standard lnstitutions;
17. (aa) "second Appellate Authority" means an Officer appointed by the State Government, who is at least one rank higher than the Appellate Authority;
18. (bb) "Station Officer" means an officer of the fire service appointed as Station Officer by the Government;