The Tripura Fire and Emergency Services Act, 2022

(1) This Act may be called the Tripura Fire and Emergency Services Act, 2022. (2) It extends to the whole of Tripura. (3) It shall come into force in any area on such date as the State Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different areas and for different provisions of this Act.

There shall be a single Fire and Emergency Services for the entire State to be called the Tripura Fire and Emergency Services and all officers and subordinate ranks of the Fire and Emergency Services shall be liable for posting to any branch of the Fire and Emergency Services: Provided further that this position shall not apply to the private Fire and Emergency Services maintained for providing fire protection coverage to a specific building or industry by the owner or occupier thereof.

The superintendence and control of the Tripura Fire and Emergency Services throughout the State shall vest in the Director of Fire and Emergency Services or such other officer as may be notified by the State Government as the Head of Department of Fire and Emergency Services and shall be administered by the Director of Fire and Emergency Services or such other officer in accordance with the provisions of this Act or any Rules made thereunder.

The Fire Officer appointed by the State Government shall respond to all fire and emergency related calls and calls related to any other emergencies as may be notified by the State Government.

The Head of Department of Fire and Emergency Services or Fire Officer shall ensure deployment of Fire and Emergency Services, resources, equipment and fire personnel on stand-by duties during any fire response or any other emergency in such manner as may be specified by Rules.

The Head of Department of Fire and Emergency Services or Fire Officer shall provide details of planning, organizing and deployment of the staff and ensure regular monitoring of the sites as specified by Rules.

On the occasion of fire or rescue in any area in which this Act is in force, any member of the Fire and Emergency Services, who is in-charge of firefighting operations on the spot, may:- (1) remove, or order any other member of the Fire and Emergency Services to remove any person who by his presence interferes with or impedes the operation for extinguishing the fire or for saving life or property; (2) close any street or passage in or near which a fire is being fought or rescue work is in progress; (3) for the purpose of extinguishing fire and carrying out rescue operation, break into or through or pull down, any premises for the passage of hose or appliances or cause them to be broken into or through or pulled down, doing as little damage as possible for the purpose of extinguishing fire with due diligence; (4) require the authority in charge of water supply in the area to regulate the water mains so as to provide water at a specified pressure at the place where fire has broken out and utilize the water of any stream, cistern, well or tank or of any available source of water, public or private, for the purpose of extinguishing or limiting the spread of such fire and carrying out rescue operations as prescribed in the notification as may be issued by the State Government; (5) enter into agreement with any person who employs and maintains personnel or equipment or both for fire-fighting purposes, to secure, on such terms as may be prescribed, for the purpose of dealing with fires occurring in any area; (6) take such measures as may appear to him to be necessary for extinguishing the fire or for the protection of life or property, or both.

(1) Damages caused by the fire fighters or rescuers to the nearby properties while performing their lawful duty under section 16 of this Act, shall be identified by the State Government and due process for recovery, as may be prescribed by Rules, shall be initiated against the negligent persons concerned, if any, for whose fault or deliberate action the fire was caused. (2) Whenever it is established that the fire incident was due to willful default or negligence on the part of the owner or occupier of any building or premises, such owner or occupier shall be liable to compensate every person affected by such fire for the loss or injury sustained by them, as may be prescribed by Rules.

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).

(1) There may be levied a fire tax on lands and buildings which are situated in any area in which this Act is in force and on which property tax by whatever name called is levied by any local authority in that area. (2) The fire tax shall be levied in the form of a surcharge on the property tax at such rate in terms of percentage of such property tax as the Government may, by notification in the Official Gazette, specify. (3) No fee shall be levied on any building vested in or under the control or possession of the Government or public authority owned by the Government.

(1) The State Government, may by notification in the Official Gazette, make Rules for carrying out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for - (a) recruitment, uniforms and all other conditions of service of the employees of the State Fire & 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 the State Government; (f) fee on deployment of Fire and Emergency Services beyond the limits of State, terms for reciprocal fire-fighting arrangements with other Fire and Emergency Services; (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 & Emergency Services Academy to others; (i) officers of the Fire and Emergency Services, and the amount for compounding of offences; (j) making available to the Fire and Emergency Services 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 Services and its firefighting appliances; (m) giving rewards to persons who have given notice of fires and to those who have rendered effective service to the Fire and Emergency Services on the occasion of fires; (n) the training, discipline and good conduct of the employees of the Fire and Emergency Services; (o) speedy attendance of employees of the Fire and Emergency Services 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 of Fire and Emergency Services or such officer; (q) regulating installation of pandals and temporary structure; (r) writing of confidential reports of fire officers; (s) determining the description and quantity of fire fighting and rescue equipment including appliances, clothing and other necessaries to be furnished to the Fire and Emergency Services; (t) institution, management and regulation of any Fire and Emergency Services fund for any purpose connected with policy administration; (u) assigning duties to fire officers of all ranks and grades, and prescribing the manner in which and the conditions subject to which, they shall exercise and perform their respective powers and duties; (v) generally, for the purposes of rendering the Fire and Emergency Services efficiently and preventing abuse or neglect of their duties; and (w) Any other matter which is required to be, or may be, provided by the Rules.

The Head of Department of Fire and Emergency Services 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 Services specified in the order.

(1) Save as otherwise provided in this Act, an and from the date of commencement of this Act, the West Bengal Fire Services Act, 1950, in its application to the State of Tripura, is hereby repealed. (2) Notwithstanding the repeal under sub-section (1),- (a) anything done or any action taken or purported to have been done or taken, including any Rule, notification, inspection, order or notice made or issued or any appointment or declaration made or any operation undertaken or any direction given or any proceeding taken or any penalty, punishment, forfeiture or fine imposed under the repealed enactment shall, insofar as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act; (b) subject to the provisions of clause (a), any Rule, notification, regulation, order, appointment, document or agreement made, fee directed, resolution passed, direction given, proceeding taken, instrument executed or issued, or thing done under or in pursuance of the repealed enactment shall, if in force at the commencement of this Act, continue to be in force, and shall have effect as if made, directed, passed, executed, issued or done under or in pursuance of this Act; (c) any person appointed to any office under or by virtue of the repealed enactment shall be deemed to have been appointed to that office under or by virtue of this Act; (d) any jurisdiction, liability, right, title, privilege, restriction, exemption, usage, practice, procedure or other matter or thing not in existence or in force shall not be revised or restored; (e) all funds constituted and established under the repealed enactment shall be deemed to be funds constituted or established under the corresponding provisions of this Act; (f) any inspection, investigation or inquiry ordered to be done under the repealed Act shall continue to be proceeded with as if such inspection, investigation or inquiry has been ordered under the corresponding provisions of this Act; (3) Reference in any other enactment to any of the provisions of the repealed enactment shall be construed as a reference to the corresponding provisions of this Act. Provided that such repeal shall not be deemed to limit, modify or derogate from the general responsibility of any local authority- (a) to provide and maintain such water supply and fire hydrants for fire-fighting purposes as may be directed by the State Government from time to time; (b) to frame bye-laws for the regulation of dangerous trades; (c) to order any of its employees to render aid in fighting a fire when reasonably called upon to do so by any member of the fire service; and (d) generally to take such measures as will lessen the likelihood of fires or preventing the spread of fires.

(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) Every order made under this Section shall be laid, as soon as may be after it is issued, before the Legislative Assembly of Tripura.