Chapter XI MISCELLANEOUS

The Director may, with the previous sanction of the State Government, enter into an agreement with any Fire and Emergency Service or the Authority which maintains the said Fire and Emergency Service, beyond the limits of any area in which this Act is in force for providing personnel or equipment or both, for fire-fighting purposes, on such terms as may be provided by or under the agreement on reciprocal basis in public interest.

Without prejudice to the provisions of any other law on the subject for the time being in force, the State Government may, by notification in the Official Gazette, declare the Fire and Emergency Service as Technical Service.

The Director or any Fire Officer authorized by the State Government in this behalf may, on the occurrence of a fire or other emergency in any neighboring area in which this Act is not in force, order the dispatch of the employees of the Fire and Emergency Service with necessary appliances and equipment to carry out fire-fighting operations in such neighboring area and thereupon all the provisions of this Act, as far as Fire and Emergency measures is concerned, and the rules made there under shall apply to such areas, during the period of fire emergency or during such period as the Director may specify on such charges as may be prescribed from time to time.

It shall be lawful for the State Government or any officer authorized by it in this behalf, to employ the Fire and Emergency Service in any rescue, salvage or other works for which it is suitable by reason of its training, appliances and equipment.

The Director or employees of Fire and Emergency Service, authorized by general or special order in this behalf may, for the purpose of discharging his duties under this Act, require the owner or occupier of any building or other property as may be specified to supply information with respect to the character of such building or other property as may be specified, the available water supplies and means of access thereto any other material particulars and such owner or occupier shall furnish all the information in his possession.

1. (1) Where, on receipt of a report from the Fire Officer under sub-section
2. (5) of section 24, or suo-moto, it appears to the Director that the condition of any building or premises is dangerous to life or property, he shall, without prejudice to any action taken under this Act, by order, require the person in possession or occupation of such building or premises to remove themselves from such building or premises forthwith.
3. (2) If an order made by the Director under sub-section
4. (1) is not complied with, the Director may direct any police officer having jurisdiction in the area to remove such persons from the building or premises and such officer shall comply with such directions.
5. (3) After the removal of the persons under sub-section
6. (1) or sub-section (2), as the case may be, the Sub Divisional Magistrate on report of the Fire Officer or Director shall seal the building or premises.
7. (4) No person shall remove such seal except under an order made by the Sub Divisional Magistrate.
8. (5) Any person, who removes such seal except under an order made by the Sub Divisional Magistrate, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to twenty five thousand rupees, or with both.
9. (6) Where it appears to the Director or an officer not below the rank of Dy. Chief Fire Officer that there is reasonable ground to believe that a premises is used in contravention of section 24, he may authorise any officer not below the rank of Sub Fire Officer to enter into such premises with such assistance including assistance from the police as may be reasonably required, to search the said premises and to seize any hazardous or explosive substances, fireworks, fire rockets or fire balloons found therein, including any document or other evidence relating to the acquisition, processing, storing or sale of such items: Provided that the provisions contained in sections 100 and 102 of the Code of Criminal Procedure, 1973 (2 of 1974) shall apply to such search and seizure.
10. (7) Where any hazardous or explosive substances, fireworks, fire rockets or fire balloons are found in any premises the occupier of such premise shall be deemed to be in possession of such substance unless he proves that some other person was in possession thereof, or that he had no knowledge or reasonable means of knowledge that such substance was in or on such premises.
11. (8) The Director or an officer-in-charge of a fire station duly authorised by him in this behalf may enter into or upon any premises with or without assistants in order to make an inspection, test, examination, survey, measurement, weighment, valuation or enquiry for the purpose of carrying into effect the provisions of this Act or of any rules made here-under or to obtain information for fire-fighting purposes with respect to the character and feature of the premises and other property within the local jurisdiction, the available water supplies at the means of access thereto and other relevant local circumstances which, in his opinion, is necessary to obtain for any of the purposes or in pursuance of any of the provisions of this Act or any such rules; Provided that- no such entry shall be made after sunset and before sunrise; no dwelling house and no public building which is used as dwelling place shall be so entered except with the consent of the occupier thereof, without giving the said occupier previous notice in writing, of at least 24 (twenty four) hours, of the intention to make such entry; notwithstanding the power to enter any such premises or place conferred, sufficient notice of such entry shall in every instance be given to enable the inmates of any apartment appropriated to females to withdraw to some part of the premises where their privacy may not be disturbed; due regard shall be had so far as may be compatible with the exigencies of the purpose for which the entry is made, to the social and religious usage of the occupants of the premises entered. The Director or the officer in charge referred to shall not use any force for the purpose of effecting any entry under the said sub-section unless;
    • (i) such entry cannot otherwise be effected; and
    • (ii) there is reason to believe that an offence is being, or has been, committed against any provision of this Act or any rules made there-under.
12. (9) Any person aggrieved by an Order of Sub Divisional Magistrate under sub section 3 may file an appeal before the District Magistrate. Except when expressly provided under this Act or in any rules made here-under, no claim shall lie against any person for compensation for any damage necessarily caused by any entry made under this sub-section or by the use of any necessary force under this sub-section.

Police officers and others to aid In fire-fighting operations or any other duties related to seizure, detention or removal of any goods involving risk of fire, it shall be the duty of a police officer or employees of the police force to assist and aid the Director or such Fire Officer in performance of such duties under this Act.

Fire and Emergency Service functioning in the State immediately before the commencement of this Act to be deemed to be Sikkim Fire and Emergency Service constituted under this Act Without prejudice to the provisions contained in any other law for the time being in force -

1. (1) the Fire and Emergency Service functioning in State before the commencement of this Act (hereafter in this section referred to as 'the existing State Fire and Emergency Service') shall, on such commencement, be deemed to be the Sikkim Fire and Emergency Service constituted under this Act and every member of the existing State Fire and Emergency Service holding the office, shall be deemed to be appointed and to hold the office, under this Act;
2. (2) all proceedings pending before any Fire Officer of the existing State Fire and Emergency Service, immediately before the commencement of this Act be deemed to be proceedings pending before him in his capacity as the holder of the office to which he is deemed to be appointed under sub-section
3. (1) and shall be dealt with accordingly.

Death of member of Fire and Emergency Service In the event of a member of the Fire and Emergency Service (other than a Gazetted officer), dying while on duty, the State Government shall pay adequate amount to the next of kin as funeral expenses or such amount as the State Government may by an order determine.

Officers to be public servants Every employee of Fire and Emergency Service, acting under the provisions of this Act, shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860 (45 of 1860).

Calling of returns, reports, statements, etc. The State Government may call for such returns, reports and statements on any subject connected with fire prevention and fire safety, maintenance of order and in the performance of duties by the Director, fire officers, employees, and subordinate operational staff, and the same be submitted.

Power to make Rules

1. (1) The State Government may by notification in the Official Gazette, make rules for carrying out the provisions of this Act.
2. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for -
   • (a) recruitment to, and the pay and allowances and all other conditions of service of the employees of the State Fire and Emergency Services;
   • (b) constitution of fire stations and other field formations;
   • (c) form of certificate of appointment and fire officer under whose seal such certificate of appointment shall be issued;
   • (d) mode of assessment, collection and enforcement of payment of fire tax;
   • (e) manner in which fire tax collected shall be paid to State Government;
   • (f) fee on deployment of Fire and Emergency Service beyond the limits of State, terms for reciprocal fire-fighting arrangements with other Fire and Emergency Service;
   • (g) the minimum standards for fire prevention and fire safety measures form of declaration, appeal, notice and fees under this Act;
   • (h) charges for extending training facilities at Fire and Emergency Service Academy to others;
     • (i) Offence under Fire and Emergency Service, and the amount for compounding of offences;
   • (j) making available to the Fire and Emergency Service with such appliances and equipment as it deems proper;
   • (k) the adequate supply of water to secure that it shall be available for use;
   • (l) constructing or providing fire stations or hiring places for accommodating the employees of the Fire and Emergency Service and its fire-fighting appliances;
   • (m) giving rewards to persons who have given information of fires and to those who have rendered effective service to the Fire and Emergency Service on the occurrence of fires;
   • (n) the training, discipline and good conduct of the employees of the Fire and Emergency Service;
   • (o) speedy attendance of employees of the Fire and Emergency Service with necessary appliances and equipment on the occasion of any alarm of fire;
   • (p) regulating and controlling the powers, duties and functions of the Director;
   • (q) generally, for the maintenance of the Fire and Emergency Service in a due state of efficiency;
   • (r) regulating installation of pandals and temporary structure; writing of confidential reports of fire officers;
   • (t) determining the description and quantity of fire fighting and rescue equipment including appliances, clothing and other necessities to be furnished to the Fire and Emergency Service;
   • (u) institution, management and regulation of any Fire and Emergency Service fund for any purpose connected with policy administration;
     • (v) assigning duties to fire officers of all ranks and grades, in which and the conditions subject to which, they shall exercise and perform their respective powers and duties;
   • (w) generally, for the purposes of rendering the Fire and Emergency Service efficiently and preventing abuse or neglect of their duties; and
     • (x) Any other matter which is required to be, or may be, provided by the Rules.
3. (3) Every rule made by the State Government under this Act shall be laid as soon as may be after it is made before the Legislative Assembly of Sikkim while it is in session, Provided that if the Sikkim Legislative Assembly agrees in making any modifications in the rule or agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Delegation of powers

1. (1) The State Government may by notification in the Official Gazette direct that any power exercisable by it under this Act shall, subject to such conditions, if any, as may be specified in the notification be exercisable by any of the officers of the State Government.
2. (2) The Director may, by order, direct that any power conferred or any duty imposed on him by or under this Act shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercised and, performed also by any officer of the Fire and Emergency Service specified in the order.

Repeal and Savings The Sikkim Fire Services Act, 1981(Act No.9 of 1981) is hereby repealed.

Power to remove Difficulties

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of two years from the commencement of this Act.
2. (2) Every order made under this section shall be laid, as soon as may be after it is issued, before the Sikkim Legislative Assembly.

Act to have overriding effect and effect of other laws

1. (1) The provisions of this Act shall have overriding effect notwithstanding anything contained in any other law for the time being in force, in so far as the provisions relating to fire prevention and life safety are concerned.
2. (2) Notwithstanding anything contained in any other law for the time being in force, when anything in relation to the fire prevention and life safety measures is required to be done or approved under this Act, any such thing shall not be deemed to have been unlawfully done or approved by reason only of the fact that permission, approval or sanction required under such other law therefore has not been obtained.
3. (3) The provisions of this Act and the Rules made hereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any other law.
4. (4) Subject to the provisions of sub-section (3), the provisions of this Act shall be in addition to, and not, save as expressly provided hereinabove, be in derogation of the provisions of any relevant law for the time being in force in any area in which this Act is in force.

Requisition of Fire-fighting property Where the Director or Fire Officer, who is in-charge of a fire-fighting or any emergency operation requires fire-fighting equipment and appliance or property of any other Authority or any institution or individual, he may by order requisition of such equipment or property for the purpose of extinguishing fire or any other emergencies in any area and take possession thereof from the Authority or any institution or individual, as the case may be.

Special promotion to the subordinate operational staff To encourage outstanding sportsmen, marks men, officers who have shown exceptional gallantry and devotion to duty in saving the life and property, the Director may, with the prior approval of the State Government, promote such officers out of turn to the next higher rank subject to availability of vacancies. Such promotions shall not exceed ten percent of the sanctioned strength in such ranks. For purposes of seniority such promotee shall be placed at the bottom of the promotion list drawn up for that year,