Chapter II ORGANIZATION, SUPERINTENDENCE, CONTROL AND MAINTENANCE OF THE FIRE AND EMERGENCY SERVICE

Establishment of one Fire and Emergency Service for whole of State

1. (1) There shall be one Fire and Emergency Service for the whole of State and all officers and subordinate ranks of the Fire and Emergency Service shall be liable for posting to any branch of the Fire and Emergency Service: Provided that, the State Government may, by notification in the Official Gazette, declare any Fire Brigade or any other Local Fire and Emergency Service of any local authority of the state, by whatever name called, that the same shall form or shall not form the part of State Fire and Emergency Service at any time; Provided further that, this position shall not apply to the private Fire and Emergency Service maintained for providing fire protection coverage to a specific building or industry by the owner or occupier thereof.
2. (2) Notwithstanding anything contained in this Act or any other law for the time being in force relating to the Local Authority, the State Government may, by notification in the Official Gazette, declare the services relating to any fire brigade or fire prevention a part of the State Fire and Emergency Service with effect from such dates as may be specified in the notification.
3. (3) In order to assist any disaster, other than resulting due to fire, all Fire Services shall be considered as Emergency Services. Provided that, in case where the emergency service is not related only to fire, the decisions and directions of the authority in charge of the Emergency Service shall prevail.
4. (4) Upon such declaration under sub-section 3(2)-
   • (i) the officers and employees responsible for providing the Fire and Emergency Service in the areas of such Local Authority, shall be deemed to have been absorbed in the State Fire and Emergency Service, subject to such terms and conditions as may be notified;
   • (ii) terms and conditions applicable to the employees after such absorption shall be such as may be decided by the State Government;
   • (iii) All proceedings pending before any fire officer, immediately before the declaration shall be deemed to be proceeding pending before him in his capacity as the holder of the Office to which he is deemed to be appointed under sub-section (2);
   • (iv) All assets, rights and liabilities relating to the Fire and Emergency Service of such local authorities shall stand transferred to the State Fire and Emergency Service, subject to such terms and conditions as the State Government may deem fit;
   • (v) The State Government may take such necessary actions as it deems fit.

Superintendence of Fire and Emergency Service to vest in State Government The superintendence of, and control over, the Fire and Emergency Service throughout the State shall vest in the State Government and shall be administered by the Director Fire and Emergency under the supervision and administrative control of Director General of Police in accordance with the provisions of this Act and/or rules made hereunder, through such Fire Officers as the State Government may, from time to time, appoint in this behalf.

Constitution and Classification of Fire and Emergency Service

1. (1) Subject to the provisions of this Act, the State Fire and Emergency Service shall consist of such number of staff in various ranks having such powers, functions and duties as the State Government may, by general or special order, determine.
2. (2) The State Government may prescribe in the rules -
   • (i) the different posts of the state Fire and Emergency service;
   • (ii) the mode of recruitment of staff, grade of post, the qualification, pay, allowances and other conditions of service of the officers and other staff engaged therein and matters connected therewith;
3. (3) The State Government may, by notification in the Official Gazette, review the pattern of the existing Fire and Emergency Service in the State and if deemed fit may modify the same: Provided that, for local Fire and Emergency Service, the rules framed under this sub-section may not include mode of recruitment of staff, pay, allowances and matters connected therewith.
4. (4) Save as otherwise provided by or under this Act, every person holding office either as a Fire Officer or a staff or an employee of an existing Fire Brigade or Fire and Emergency Service of any Authority on the date immediately before the commencement of this Act, shall continue to hold office on the same terms and conditions as were applicable to him immediately before such date and shall exercise such powers and perform such duties as before and in addition to those as are conferred on them by or under this Act.

Appointment of Director of Fire and Emergency Service

1. (1) The State Government shall appoint an officer not below the rank of Inspector General of Police as Director of Fire and Emergency Service, who shall function under the control and supervision of the Director General of Police (DGP).
2. (2) The State Government shall appoint such other officers and staff, as may be necessary from time to time, to assist the Director while exercising the powers or discharging the duties or functions conferred under this Act or rules made hereunder.
3. (3) The jurisdiction of the Director so appointed shall extend to the entire State in matters relating to Fire and Emergency Service.
4. (4) Subject to the control, directions and superintendence of the State Government, the Director shall exercise such powers and perform such duties as are conferred and imposed upon him by this Act or the rules made hereunder.

Power, Duties and Functions of the Director

1. (1) The Director shall, subject to the superintendence and control of the State Government, direct and regulate all matters of fire safety and prevention, fire-fighting equipment, machinery and appliances, training, observation of persons, events of mutual relations, distribution of duties, study of laws, orders and modes of proceedings and all matters of executive detail or the fulfillment of duties and maintenance of discipline of fire officers and employees of the Fire and Emergency Service under him, as per rules made hereunder.
2. (2) Without prejudice to the provisions of sub-section
3. (4) of section 6, the Director shall function as Head of the Department in the office of Director and shall,-
   • (i) keep liaison with the State Government for the development of Fire and Emergency Service;
   • (ii) frame the policies in relation to the development of Fire and Emergency Service in the State and, on approval by the State Government, take steps to implement the same;
   • (iii) prepare and submit plans and proposals to the State Government with regard to the periodical review of fire equipment, fire property and fire manpower for effective implementation of Fire and Emergency Service by the authorities;
   • (iv) take or cause to be taken such effective steps and measures in cases of major fires, house collapse and other emergency services;
   • (v) Investigate or cause to be investigated the cause of fire and advise the authorities for implementing fire precautionary measures;
   • (vi) recommend the appointment of such number of Officers and staff or employees to the State Government as may be necessary to assist any Fire Officer of the State Fire and Emergency Service, while exercising his powers or discharging his duties or functions under this Act or the rules made there under;
   • (vii) implement the effective Human Resource Development policies in accordance with the prescribed jobs at each level of fire service personnel and for that purpose, he may establish advance training centers;
   • (viii) represent the State Government on National and International forums with a view to updating the standard of Fire and Emergency Service in the State;
   • (ix) exercise such other powers and perform such other duties and functions as may be conferred, imposed or allotted to him by or under the provisions of this Act.

Setting up of Fire Stations

1. (1) For the purpose of providing adequate number of officers and staff for meeting the needs of fire service, having regard to the population, potential fire hazards in certain industries and large commercial and mercantile establishments and buildings, fire stations required to be provided for and maintained, the State Government may, for the purpose of securing fire prevention and life safety measures within the State, by notification in the Official Gazette, constitute as many Fire Stations and other field formations as it deems fit.
2. (2) Every notification issued under sub-section
3. (1) shall define the limits of the Fire Stations and other field formations to which it relates.
4. (3) Define the limits and extent of Fire Stations and other field formations as may be necessary for administrative and operational efficiency.
5. (4) Appointment of Fire Officers:
   • (i) For the purposes of this Act, the State Government may appoint,-
   • (a) A Fire Officer, for each Fire Station who shall be officer-in-charge of a Fire Station and shall hold charge of a Fire Station as per the size of the Fire Service as specified by the State Government. He shall have staff attached under him to the Fire Station.
   • (b) He shall be responsible for maintenance of communication system, water resources including hydrants within his station areas, and shall be in charge of operations of Fire and Emergency Service.
   • (c) Similar arrangements may be provided for other field formations, if any.
     • (ii) The qualifications for appointment and other conditions of service of the Officers, appointed under sub-clause 5(i), shall be such as may be prescribed in the rules.
     • (iii) For the purpose of this Act, the State Government for each Local Fire Service may by an order direct the local authority or any other authority, as the case may be, to appoint the person to be the Fire Officer and prescribe the norms and qualifications of the Fire Officer
6. (5) Powers, duties and functions of Fire Officers
   • (i) Subject to the control, direction and superintendence of the Director, the Fire Officer appointed in sub-section
7. (4) of section 8, shall exercise such powers and perform such duties as are conferred and imposed upon him by this Act or rules or orders made hereunder.
   • (ii) Without prejudice to the provisions of sub-section (i), in case of fire prevention and disaster, the Fire Officer or officers appointed under sub-section ( ) of this section, for their jurisdiction, shall, in case of any fire or emergency, act as Commanding Officer for that event and other Fire and Emergency Service engaged shall work under his supervision.

Issue of Certificate to the employees of Fire and Emergency Service

1. (1) Every person shall, on appointment to the Fire and Emergency Service, receive a certificate in the prescribed form under the signatures of the Chief Fire Officer/ Director or an officer authorized in this behalf by the State Government and thereupon such person shall have the powers, functions and privileges of an employee of the Fire and Emergency Service under this Act.
2. (2) The certificate referred to in sub-section
3. (1) shall cease to have effect when the person named therein ceases for any reason to be an employee of the Fire and Emergency Service and on his ceasing to be such employee, he shall forthwith surrender the certificate to any officer empowered to receive the same.
4. (3) A certificate of appointment shall become null and void when the person named therein ceases to belong to the Fire and Emergency Service or shall remain inoperative during the period or such person is suspended from the Fire and Emergency Service.
5. (4) The employees of the Fire and Emergency Service shall be governed by such rules as are applicable to State Government employees and the Discipline and Appeal rules applicable to Sikkim Police in relation to the terms and conditions of their service and all other allied matters.

Auxiliary Fire and Emergency Service Whenever, it appears to the State Government that it is necessary to augment the Fire and Emergency Service, it may raise an auxiliary service by enrolment of volunteers for such area and on such terms and conditions as it may deem fit as per the rules made hereunder.

Effect of suspension of Fire Officer The powers, functions and privileges vested in a Fire Officer shall remain suspended while such Fire Officer is placed under suspension:

Provided that notwithstanding such suspension, such person shall continue to be subject to the control of same authorities to which he would have been had he not been placed under suspension.