section 57
Power to Seal Building or Premises, Search, Seizure and Survey
Sikkim Fire and Emergency Services Act, 2023General202369 sections10 chapters
Chapter XI MISCELLANEOUS
Statutory text
- (1) Where, on receipt of a report from the Fire Officer under sub-section
- (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.
- (2) If an order made by the Director under sub-section
- (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.
- (3) After the removal of the persons under sub-section
- (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.
- (4) No person shall remove such seal except under an order made by the Sub Divisional Magistrate.
- (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.
- (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.
- (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.
- (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.
- (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.
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