Chapter VI OFFENCES AND PENALTIES

Offences and Penalties Whoever contravenes any provision of this Act shall be liable for penalties as specified herein.

Penalties for violation of provisions of Chapter IV (Water Supply) Whoever contravenes any provisions of Chapter IV shall, without prejudice to any other action taken against him under this Act and rules made hereunder, be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to fifty thousand rupees, or with both and where the offence is a continuing one with a further fine which may extend to three thousand rupee for every day after the first during which such offence continues.

Penalty for violation of Duty Notwithstanding any action which may be taken under the provisions of this Act, any member of the Fire and Emergency Service who-

1. (1) is found to be guilty of any violation of duty or willful breach of any provision of this Act or any rule or order made hereunder; or
2. (2) is found to be guilty of cowardice; or
3. (3) withdraws or abstains from the duties of his office without permission or without having given previous notice for fifteen days or more; or
4. (4) being absent on leave fails without reasonable cause to report himself for duty on expiration of such leave; or
5. (5) accepts any other employment or office or engages himself in business in contravention of the provision of the relevant service rules shall be punishable with imprisonment which may extend to three months or with fine which may extend to an amount not exceeding three months' pay of such member, or with both.

Penalty in case of non-appointment of Fire Safety Officers

1. (1) If any owner or occupier or an association of such owners and occupiers of a building or premises fails to appoint under section 26, fire safety officers within thirty days, of the receipt of a notice given in this behalf by the Director or the Fire Officer, as the case may be, each one of them shall be deemed to be in default jointly and severally.
2. (2) When the person liable for appointment of such Fire Safety Officers is deemed to be in default, such sum not less than ten rupees per square meter and not exceeding fifty rupees per square meters of area owned/ occupied by him including the common areas in the premises as determined by the Director, may be recovered from him by way of penalty for each month of default or part thereof.
3. (3) The amount due as penalty under sub-section
4. (2) shall be recovered under Sikkim Public Demands Recovery Act, 2006 (14 of 2006).

Liability of property owner to pay compensation

1. (1) Any person whose property catches fire on account of an action of his own or of his agent done deliberately or negligently shall be liable to pay compensation to any other person suffering damage to his property on account of any action taken under section 15 of this Act by an officer mentioned therein or any person acting under the authority of such officer.
2. (2) All claims under sub-section
3. (1) shall be referred to the Appellate Authority, within thirty days from the date when the damage was caused.
4. (3) The Appellate Authority shall within 30 days as specified in section 44, after giving the party 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.

Failure to give information Any person, who without adequate justification, fails to communicate information in his possession regarding an outbreak of fire shall be deemed to have committed an offence punishable under the first part of section 176 of the Indian Penal Code, 1860 (45 of 1860).

Failure to take Precautions Whoever fails without reasonable cause to comply with any of the requirements specified in a notification issued under sub-section

1. (1) of section 21 or of a direction issued under the section shall be punishable with fine which may extend to Ten thousand rupees or with imprisonment for a term which may extend to three months, or with both and where the offence is a continuing one with a further fine which may extend to One thousand rupees for every day after the first during which such offence continues.

Penalty for willfully obstructing the fire-fighting, rescue operations Any person who willfully obstructs or interferes with any member of the Fire and Emergency Service, who is engaged in fire-fighting operations, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to Ten thousand rupees, or with both.

False report 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 punishable with imprisonment which may extend to three months or with fine which may extend to ten thousand rupees, or with both.

General provision for punishment for offence Whoever contravenes any provision of this Act or of any rule or notification made hereunder shall, without prejudice to any other action taken against him under this Act and the rules made hereunder, be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to ten thousand rupees; or with both and where the offence is a continuing one with a further fine which may extend to one thousand rupees for every day after the first during which such offence continues.

Offences by Companies

1. (1) 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: Provided that, nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
2. (2) Notwithstanding anything contained in sub-section
3. (1) where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation: For the purposes of this section,-
   • (a) 'Company' means a body corporate and includes a firm or other association of individuals; and
   • (b) 'Director', in relation to a firm, means a partner in the firm.

Compounding of offences

1. (1) Any offence whether committed before or after the commencement of this Act punishable under sections 32, 33, 34, 35, 36, 37, 38 or any rule made under this Act, may either before or after the institution of prosecution, be compounded by such officers of the Fire and Emergency Service and for such amount as the State Government may, by notification in the Official Gazette, specify in this behalf: Provided that no offence shall be compoundable which is committed by failure to comply with a notice, order or requisition issued by or on behalf of the State Government or of any of the officers authorized under this Act and until the same has been complied with so far as the compliance is possible.
2. (2) Where an offence has been compounded under sub-section (1), the offender if in custody, shall be discharged and no further proceedings shall be taken against him in respect of such offence.

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

Cognizance of prosecution No court shall proceed to the trial of an offence under this Act, except on the complaint of, or upon information received from, the Director or the officer authorized by him in this behalf.

Jurisdiction No court inferior to that of a Sub-Divisional Judicial Magistrate / Judicial Magistrate / Additional Chief Judicial Magistrate having jurisdiction shall try an offence punishable under this Act.

Appeals

1. (1) Any person aggrieved by any notice or order of the Sub-Divisional Magistrate or Fire officer or the Chief Fire Officer / Dy. Chief Fire Officer issued or made under this Chapter may prefer an appeal against such notice or order to the Appellate Authority within thirty days from the date of the notice or order appealed against: Provided that the Appellate Authority may entertain an appeal after the expiry of the said period of thirty days if it 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 notice or order appealed against and by such fees as may be prescribed.
3. (3) An order of the Appellate Authority on an appeal shall be referred to the Director General of Police
   • (DGP) and his decision shall thereon be deemed to be final.