Establishment of one Fire and Emergency Service for whole of State

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.