LexThe Delhi Fire Service Act 2007
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NOTIFICATION
Delhi, the 12th February, 2009
No. F 14(15)/97- LAD/ IC law/ 5362 - The following Act of the Legislative Assembly
of the National Capital Territory of Delhi received the assent of the President of India
on 17th January, 2009 and is hereby published for general information:-
“The Delhi Fire Service Act, 2007
(Delhi Act 2 of 2009)
(As passed by the Legislative Assembly of the National Capital Territory of Delhi.on
the 17th September, 2007)
( 17th January, 2009)
An Act to provide for the maintenance of a fire service and to make more
effective provisions for the fire prevention and fire safety measures in certain buildings
and premises in the National Capital Territory of Delhi and the matter connected
herewith.
Be it enacted by the Legislative Assembly of the National Capital Territory of
Delhi in the fifty-eighth year of the Republic of India as follows:-
CHAPTER- I
PRELIMINARY
1. Short title, extent and commencement – (1) This Act may be called
the Delhi Fire Service Act, 2007.
2. It extends to the whole of the National Capital Territory of Delhi.
3. It shall come into force in any area on such date as the Govt. may, by
notification in the official Gazette, appoint and different dates may be
appointed for different areas and for different provisions of this Act.
2. Definition- In this Act, unless the context otherwise requires:
(a) “appellate authority” means the Lieutenant Governor or an
officer appointed by the Lt. Governor;
(b) “building” means any structure whether of masonry bricks,
woods, mud, metal or other materials and includes a house,
out- house, bas ement underground parking stable, latrine,
urinal, shed, hut or wall (other than a boundary wall);
(c) “ building bye -laws” means the bye -laws made under section
186 of the Cantonments Act, 1924 ( 2 of 1924) or the bye-laws
made under section 349A of the De lhi Municipal Corporation
Act, 1957 ( 66 of 1957) or the bye -laws made under sub -
section (2) of section 260 of the New Delhi Municipal Council
Act, 1994 (44 of 1994) or the regulations made under sub -
section (1) of section 57 of the Delhi Development Act, 1957
( 61 of 1957), or the bye -laws made by the Central Govt. by
publication in the official Gazette, relating to buildings in
Delhi;
(d) “Delhi” means the National Capital Territory of Delhi;
(e) “Director” means the Director, Delhi Fire Service appointed
by Government under sub section (1) of section 8 of this Act;
(f) “erector of pandal” means a person or an association of
persons, whether corporate or otherwise, who erects or makes
a pandal or any structure for occupation of people on a regular
or temporary basis;
(g) “ fire division” means a territory of State comprising such
number of fire sub -divisions as may be prescribed; and
declared generally or specially by the Govt. to be a fire
division for the purpose of this Act;
(h) “fire zone” means territory comprising such number of fire
divisions as may be prescribed and declared generally and
specially by the Govt. to be a fire zone for the purpose of this
Act;
(i) “ fire prevention and fire safety measures” means such
measures as are necessary in accordance with the building
bye-laws/ National Building Code of India for the
containment, control and extinguishing of fire and for ensuring
the safety of life and property in case of fire and as may be
prescribed in the rules made in this behalf;
(j) “fire safety officer” means the person appointed under section
29 of this Act as fire safety officer by the owners and occupiers
of certain premises and building s as specified in this behalf to
ensure fire prevention and fire safety measures installed in such
premises and buildings;
(k) “ fire officer means any operational member of the fire service;
(l) “ fire service” means the Delhi Fire Service constituted under
section 5 of this Act;
(m) “ fire station” means a building erected to house the fire
fighting equipment, appliances and staff declared generally or
specially by the govt. to be a fire station for the purposes of
this Act;
(n) “fire sub -division” means the territory within a fire division
comprising such number of fire stations as may be prescribed;
and declared generally or specially by the Government to be a
fire sub-division for the purpose of this Act;
(o) “Government” means the Lt. Governor of Delhi appointed by
the President under article 239 and designated as su ch under
article 239AA of the Constitution;
(p) “ Lieutenant Governor” means the Lt. Governor of Delhi
appointed by the President under article 239 of the
Constitution;
(q) “local authority” means the Delhi Cantonment Board
established under the Cantonments Act, 1924 ( 2 of 1924), the
Delhi Development Authority established under the Delhi
Development Act, 1957 ( 61 of 1957) , the Municipal
Corporation of Delhi established under the Delhi Municipal
Corporation Act , 1957 ( 66 of 1957), the New Delhi
Municipal Council established under the New Delhi Municipal
Council Act, 1994 ( 44 of 1994); or any other authority under
any other law which may be notified in this behalf by the
Central Government. or the Government, as the case may be;
(r) “member” in relation to the Fire Service means a person
appointed to the Fire Service under this Act;
(s) “multistoried building” means a building with such minimum
height as may be prescribed under the rules in this
behalf, and notified to the Director by the local authority;
(t) “nominated authority” means an officer not below the rank of
a station officer nominated by the Director as a nominated
authority for the purposes of this Act;
(u) “occupancy” means the principal occupancy for which a
building or a part of a building is used or intended to be used
including subsidiary occupancies which are contingent upon it;
(v) “ occupier” includes –
(i) any person who, for the time being, is paying or is liable to
pay, to the owner the rent or any portion of the rent of the land
or building in respect of which such rent is paid or is payable;
(ii) an owner in occupation of, or otherwise using his la nd or
building;
(iii) a rent free tenant of any land or building;
(iv) a licensee in occupation of any land or building; and
(v) any person who is liable to pay to the owner damages
for the use and occupation of any land or building;
(w) “officer-in-charge” means a fire officer in charge of a fire
station;
(x) “operational member” of the Fire Service means any
member of the Fire Service who is required to drive or
operate a fire fighting veh icle, fire fighting equipment and
appliance at the site of fire and participate in the actual
extinction of fire;
(y) “owner” includes a person who, for the time being, is entitled
to receive, the ren t of any land or building, whether on his
own account or on account of himself and others or as an
agent, trustee, guardian or receiver or any other person, or
who should so receive the rent or be entitled to receive it if
the land or b uilding or part thereof were let to a tenant and
also includes-
(I) the custodian of evacuee property in respect of evacuee
property vested in him under the Administration of Evacuee
Property Act, 1950 ( 31 of 1950);
(ii) the Director of Estate of the Government of India, the
Secretary of the State Development Authority constituted
under the Delhi Development Act, 1957 ( 61 of 1957), the
General Manager of a railway and the Head of a Govt.
department, in respect of properties under their respective
control;
(z) “Pandal” means a temporary structure with roof or walls
made of straw , hay, ulu grass, golpatta, hogla, darma, mat,
canvas, cloth or other like material which is not adopted for
permanent or continuous occupancy
(za) “ premises” means any land or any building or part of a
building and includes the garden, ground and outhouse, if
any, appurtaining to a building or part of a building; and any
land or any building or part of a buil ding appurtenant
thereto which is used for storing explosives, explosive
substance and dangerously inflammable substance;
Explanation:- In this clause, “ explosive” , “ explosive
substance” and “ dangerously inflammable substance” shall
have the meaning, respectively assigned to them in the
Explosive Act, 1884 ( 4 of 1884), the Explosive
(Substances) Act, 1908 ( 6 of 1908) and the inflammable
Substances Act, ( 20 of 1952).
(zb) “ prescribed” means prescribed by rules made under this
Act;
(zc) “prescribed authority” means authority prescribed by rules
under this Act;
(zd) “Sub-Divisional Magistrate” means an officer of the Govt.
appointed as Sub-Divisional Magistrate under sub-section
(4) of section 20 of the Code of Criminal Procedure 1973
( 2 of 1974);
(ze) “ subordinate operational staff” includes every member of
the Fire Service of the rank of fireman, leading fireman,
driver and any other equivalent rank;
(zf) “station officer” means an officer of the Fire Service
appointed as station officer by the Govt.
CHAPTER-II
ORGANIZATION, SUPERINTENDENCE, CONTROL AND MAINTENANCE
OF THE FIRE SERVICE
3. One Fire Service for whole of Delhi - There shall be one Fire Service
for the whole of Delhi and all officers and subordinate ranks of the fire
service shall be liable for posting to any branch of the Fire Service;
Provided that this provision shall not apply to the private fire services
maintained for providing fire protection coverage to a specific building
or industry by the owner or occupier thereof.
4. Superintendence of Fire Service to vest in the Go vernment - The
superintendence of, and control over, the Fire Service throughout Delhi
shall vest in the Government and the Fire Service shall be administered
by the Government in accordance with the provisions of this Act and of
any rules made thereunder, through such fire officers as the Govt. may,
from time to time, appoint in this behalf.
5. Constitution of Fire Service - Subject to the provisions of this Act-
(a) the Fire Service shall consist of suc h numbers in the several ranks and
have such organization and such powers, functions and duties as the
Govt. may by general or special order, determine; and
(b) the recruitment to, and the pay, allowance and all other conditions of
service of the members of the Fire Service shall be such as may be
prescribed.
6. Classification of post of Fire Service - The classification of the posts
of the Fire Service shall be as under:-
(1) Group ‘A’ post means any post which having regard to its scale of
pay and emoluments would, if such post had been in the Central
Government be classified as a Group ‘ A ‘ post under the Central
Government in accordance with the orders issued by the Gov ernment
from time to time.
(2) Group ‘B’post means any post which having regard to its scale of pay
and emoluments would, if such post had been in the Central
Government be classified as a Group ‘B’ post under the Central
Government in accordance with the orders issued by the Government
from time to time.
(3) Group ‘C’ post means any post which having regard to its scale of pay
and emoluments would, if such post had been in the Central
Government be classified as a Group ‘C’ post under the Central
Government in accordance with the orders issued by the Government
from time to time.
(4) Group ‘D’ post means any post which having regard to its scale of
pay and emoluments would, if such post had been in the Central
Government be classified as a Group ‘D’ post under the Central
Government in accordance with the orders issued by the Government
from time to time.
7. Appointment to Group “ A” and Group “ B” post of Fire Service –
The Government shall make appointments to any Group “A” or Group
‘B’ posts within the meaning of sub -section (1) and sub - section (2) of
Section 6 respectively, only after consultation with the Union Public
Service Commission.
8. Appointment of Director of Fire Service –
(1) For the directions and supervision of the Fire Service in Delhi, the
Government shall appoint a Fire Officer to be the Director who shall
exercise such powers and perform such duties and other functions as are
specified by or under this Act.
(2) Subject to the rules made in this regard by the Govt., the Director may
appoint subordinate staff of Group “ C “ level including operational
members of this category only on the recommendations of the Delhi
Subordinate Services selection Board on monthly salari es and such
allowances as may be fixed by the Government
(3) Subject to rules made in this regard by the Govt. , the Director may
appoint Group “D” staff including operational members of this category
on monthly salaries and such allowances as may be fixed by the Govt.
9. Constitution of fire divisions, sub -divisions and fire stations - The
Government may –
(a) constitute fire zones and fire divisions within the National Capital
Territory of Delhi.
(b) divide such fire zones into fire divisions, and fire divisions into fire
sub-division , and specify the fire divisions, fire sub -divisions and
fire stations in each fire zone, fire division and fire sub -division
respectively; and
(c) define the limits and extent of such fire zones, fire divisions, fie sub -
divisions and fire stations as may be necessary for administrative and
operational efficiency.
10. Certificate of appointment -
(1) Every fire officer of the rank of sub -officer and below
shall on enrolment receive a certificate of appointment.
(2) The certificate shall be issu ed under the seal of such
officer and shall be in such form as the Govt. may, by
general or special order, prescribe.
(3) A certificate of appointment shall become null and void
when the person named therein ceases to belong to the
Fire Service or shall remain inoperative during the period
such person is suspended from the Fire Service.
(4) The members of the Fire Service shall be governed by
such rules as are applicable to Govt. servants in relation
to the terms and conditions of their service and all other
allied matters.
11. Effect of suspension of fire officer - The powers, functions and
privileges vested in a fire officer shall remain suspended while such fire officer
is under suspension from office.
Provided that notwithstanding such suspension, such p erson shall not
cease to be a fire officer and shall continue to be subject to the control of same
authorities to which he would have been if he had not been under suspension.
12. General powers of the Director - The Director shall subject t o the
superintendence and control of the Government direct and regulate all matters
of fire fighting equipment, machinery and appliances , training , observation of
persons and events 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 members of the Fire
Service under him.
CHAPTER – III
CONTROL AND DISCIPLINE OF FIRE SERVICE
13. Calling of returns, reports , statements, etc. –
The Government may call for such returns, reports and statements on
any subject connected with fire prevention and fire safety, the
maintenance of order and the performance of dut ies by the Director, fire
officers, operational members, members and subordinate operational
staff, and the same shall be immediately furnished.
14. Certain Central Rules to apply to employees of Fire Service-
The provisions of the Central Civil Services (Co nduct) Rules, 1964 and
of the Central Civil Services (Classification, Control and Appeal ) Rules,
1965 and the Central Civil Services (Pension) Rules, 1972 as amended
by the Central Government from time to time, shall be extended mutatis
mutandis to all em ployees of the Delhi Fire Service including fire
officers, operational members, members and subordinate operational
staff
15. Fire Officers deemed to be always on duty and liable to employment
in any part of Delhi – Every fire officer shall for all purposes of this Act be deemed to
be always on duty and any fire officer or any member or crew of fire officers allocated
for duty in any part of Delhi may, if the Director so directs, at any time, be employed
on turn out duty in any other part o f Delhi for so long as the services of the fire officer
or any member or crew of fire officers may be required in such other part of Delhi.
16. Extension of Fundamental Rules and Supplementary Rules to
employees of Fire Service-
The provisions o f the Fundamental Rules and Supplementary Rules as
amended by the Central Government from time to time , shall be extended
mutatis mutandis to all employees of the Delhi Fire Service, including fire
officers, operational members, members and subordinate operational staff.
17. Declaration of Fire Service to be an essential service to the
community-
(1) Without prejudice to the provisions of any other law on the
subject for the time being in force, the Government may, by
notification in the Official Gazette, declare the Fire Service to be
an essential service to the community.
(2) A declaration made under sub -section (1) shall remain in force
for six months in the first instance, but may be extended from
time to time by a like notification.
(3) Upon a declaration being made under sub-section (1) and so long
as it remains in force, it shall be the duty of every fire officer to
obey an order given by any superior officer in relation to any
employment in connection with the service spec ified in the
declaration.
18. Penalty for violation of duty- Notwithstanding any action which
may be taken under the provisions of this Act, any member of the
fire service who –
(a) is found to be guilty of any violation of duty or willful breach of
any provision of this Act or any rule or order made there under ;
or
(b) is found to be guilty of cowardice ; or
(c) withdraws or abstains from the duties of his office without
permission or without having given previous notice for 15 days
or more; or
(d) being absent on leave fails without reasonable cause to report
himself for duty on expiration of such leave; or
(e) accepts any other employment or office or engages himself in
business in contravention of the provision of the Central Civil
Services (Conduct) Rules, 1964; shall be punishable with
imprisonment which may extend to 3 months, or with fine which
may extend to an amount not exceeding three months’ pay of
such member, or with both.
19. Restriction respecting right to form association, etc.-
(1) No member of the fi re service shall, without the previous
sanction in writing of the Government or of the prescribed
authority;
(a) be a member of, or be associated in any way with, any
union,
labour union, political association or with any class of trade
union, labour union or political association;
(b) be a member of, or be associated in any way with any social
institution , association, or organization that is not
recognized as a part of the fire service or is not a purely of a
social, technical , recreational or religious nature; or
(c) Communicate with the press or publish or cause to be
published any book, letter or other document except where
such communication or publication is in the bonafide
discharge of his duties or is of a purely literary, artistic or
scientific character.
Explanation -
(1) If any question arises as to whether any society, institution,
association, organization is of a purely social, technical,
recreational or religious nature under clause (b) of this sub-
section, the decision of the Government thereon shall be final.
(2) No member of the fire service shall participate in, or address, any
meeting or take part in any demonstration organized by any body
or persons for any p olitical purposes or for such other purposes
as may be prescribed.
CHAPTER –IV
LEVY OF FIRE TAX, FEE AND OTHER CHARGES
20. Levy of fire tax –
(1) The Government may levy 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, determine from time to time.
21. Mode of assessment, collection, etc. of fire tax-
(1) The authorities empowered to assess, collect and enforce
payment of property tax und er the law authorizing the local
authority of the area to levy such tax shall, on behalf of the
Government and subject to any rules made under this Act, assess,
collect and enforce payment of the fire tax in the same manner as
the property tax is assessed, paid and collected; and for this
purpose, they may exercise all or any of the powers they have
under the law aforesaid and the provisions of such law including
provisions relating to returns, appeals , reviews, references and
penalties shall apply accordingly.
(2) Such portion of the total proceeds of the fire tax as the
Government may determine shall be deducted to meet the cost of
collection of the fire tax.
(3) The proceeds of the fire tax collected under this Act reduced by
the cost of collection shall be paid to the Government in such
manner and at such intervals as may be prescribed.
22. Fee on deployment of fire service beyond the limits of Delhi
–
(1) Where members of the fire service are sent beyond the limits of
any area in which this Act is in force, in order to extinguish a fire
in the neighborhood of such limits on the request of any State
Government or local body or fire service authority shall be liable
to pay such fee as may be prescribed by the Government from to
time in this behalf.
(2) The fee referred to in sub-section (1) shall be payable within one
month of the service of a notice of demand by the Director on the
State Government or local body or fire service authority, as the
case may be, and if it is not paid within that period. It shall be
recoverable as an arrear of land revenue.
23. Reciprocal fire -fighting arrangements with other fire
service-
The Director may, with the previous sanction of the Government
enter into an agreement with any fire service or the authority which
maintains the said fire 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.
24. Powers of the Director to enter into arrangements for
assistance –
The Director may, with the previous sanction of the Government
enter into arrangements with any person or organization who
employs and maintains personnel or equipment or both, for fire
fighting purposes, to secure, on such terms as to payment or
otherwise as may be provided by or under the arrangements, the
provision by that person or organization for assistance for the
purpose of dealing with fire occurring in any area in which this Act
is in force.
CHAPTER- V
GENERAL MEASURE FOR FIRE PREVENTION AND SELF REGULATION
25. Preventive measures-
(1) The Government may, by notification in the Official Gazette,
declare any class of occupancy and Pandals which, in its opinion
is likely to cause a risk of fire.
(2) The Government may, by notification in the Official Gazette,
require owner or occupiers, or both, of premises or buildings or
erectors of Pandals notified under sub -section (1), to take such
fire prevention and fire safety measures as may be prescribed.
26. Fire prevention and fire safety measures in the pandals to be
self regulatory –
(1) notwithstanding anything contained in this Act, the erectors of
Pandals shall be deemed to be self regulators for taking fire
prevention and fire safety measures prescribed under sub -section
(2) of section 25.
(2) The erector of a pandal shall display at a prominent place in the
pandal a declaration in the prescribed form and under his own
signature to the effect that he has taken all th e prescribed fire
prevention and fire safety measures therein.
(3) It shall be lawful for the Director, nominated authority or any
other officer authorized by the Government in this behalf to
enter and inspect the pandal with a view to verify the correctness
of the declaration so made by the erector under sub -section (2)
and to point out the shortcomings, if any, with directions to
remove them within a specified time. If the directions of the
inspecting officer are not complied with within the time so given,
the inspecting officer shall seal the pandal.
(4) Any erector of a pandal who falsely declares that he has
complied with the prescribed fire prevention and fire safety
measures in the pandal shall be deemed to have committed an
offence punishable under section 52 of this Act.
27. Removal of encroachments or objects or goods likely to
cause a risk of fire or any obstruction to fire fighting –
1. Where a notification has been issued under section 25, it shall be
lawful for the Director or any officer of the fire serv ice
authorized by the Govt. in this behalf to direct the removal of
encroachments or objects or goods likely to cause a risk of fire or
any obstruction to fire fighting, to a place of safety, and on
failure of the owner, occupier or erector, as the case ma y be, to
do so, the Director or such officer may, after giving the owner,
occupier or erector, as the case may be, a reasonable opportunity
of making representation , report the matter to the Sub -
Divisional Magistrate, in whose territorial jurisdiction th e
premises or building or pandal is situated, requesting to
adjudicate the matter:
Provided that where the Director considers such encroachments
or objects or goods to be an imminent cause of risk of fire or
obstruction to fire fighting, he may direct the owner or the
occupier or erector of such premises or building to remove the
encroachments or objects or goods forthwith and report the
matter to the Sub-Divisional Magistrate accordingly.
2. On receipt of a report under sub -section (1), the Sub -Divisional
Magistrate shall give, by means of a notice served in such
manner as he may think fit, a reasonable opportunity of showing
cause against the removal of encroachment or objects or goods
likely to cause a risk of fire or obstruction to fire fighting.
3. After g iving the owner an occupier or erector, as the case may
be, a reasonable opportunity of making representation under sub -
section ( 2) , the Sub -Divisional Magistrate may make an order
to seize, detain or remove such encroachments or objects or
goods.
4. The person charged with the execution of the order as made in
sub-section (3) shall forthwith make an inventory of the objects
and goods which he seizes under such order, and shall, at the
same time, give a written notice as may be prescribed in this
behalf, to the person in possession thereof at the time of seizure,
that the said objects or goods will be sold as therein mentioned if
the same are not claimed within the period stipulated in the said
notice.
5. On the failure of the person in whose possession the obj ects or
goods were at the time of seizure to claim the seized goods
pursuant to notice given under sub -section (4) , the Sub -
Divisional Magistrate shall sell them accordingly by public
auction.
6. Any person aggrieved by any notice or order of the sub -
Divisional Magistrate may, within 30 days from the date of such
order, prefer an appeal to the Appellate Authority.
Provided that the Appellate Authority may entertain an appeal
after the expiry of the said period of 30 days if he is satisfied that
there was sufficient cause for no filing it within that period.
7. An appeal to the Appellate Authority shall be made in such form
and shall be accompanied by a copy of the notice or order
appealed against and by such fees as may be prescribed.
8. an order of the Appellate Authority on an appeal under sub -
section (7) shall be final.
28. Powers of members of the fire service on occasion of fire and
/ or rescue - On the occasion of fire rescue in any area in
which this Act is in force, any member of the fire service who is
in charge of fire fighting operations on the spot may-
(a) remove, or order any other member of the fire service to remove,
any person who by his presence interferes with or impedes the
operation for extinguishing the fire or for saving life or property.
close any street or passage in or near which a fire is being fought
and / or rescue work is in progress;
(b) for the purpose of extinguishing fire and carrying out rescue
operation, break into or through or pull d own, 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;
(c) 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 a nd carrying out
rescue operations;
(d) exercise the same powers for dispersing an assembly of persons
likely to obstruct the fire fighting operations as it were an officer
–in –charge of a police station and as if such an assembly were
an unlawful assembly an d shall be entitled to the same
immunities and protection as such officer, in respect of the
exercise of such powers.
(e) arrest a person who willfully obstructs and hinders a fire service
personnel in fire fighting and rescue operations and shall hand
him over to a police officer or at the nearest police station
without avoidable delay along with a brief note giving the time,
date and reasons of arrest; and
(f) generally 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.
29. Appointment of fire safety officer - Every owner and occupier or an
association of such owners and occupiers of the following classes of
buildings or premises shall appoint a fire safety officer who shall ensure
the compliance of all fire prevention and fire safety measures and
effective operation thereof as provided in this Act and the rules made
there under, namely:-
(a) cinema houses with seating capacity of more than 1000 persons and
having commercial complex with built-up area more than 10000 sq. mtr.
and building having multiple cinema with seating capacity, taken
together, of 1000 persons, or more, whether, having commercial
complexes or not;
(b) hotels with 100 rooms and above.
(c) underground shopping complexes, district centres, sub -central business
districts, including the basement with build up area of more than 25000
sq. mtr.
(d) multistoried non-residential buildings above 50 meters in height;
(e) large oil and natural gas installations such as r efineries, LPG bottling
plants and similar other facilities;
(f) open stadia with seating capacity more than 50,000 persons and indoor
stadia with seating capacity more than 25,000 persons.
(g) hospitals and nursing homes with more than 500 beds;
(h) public and semi -public buildings like large surface and sub -surface
railway stations, interstate bus terminuses, airports amusement parks and
other similar buildings;
(i) Provided that the Government may, by notification in the Official
Gazette, from time to time, include any other premises which, in its
opinion, require appointment of fire safety officers.
30. Fire safety officers to undergo training – The fire safety
officers shall undergo training at the Fire Safety Management Academy as
may be specified by the Government in this behalf;
Provided that a person who has already undergone such training at
the National Fire Service college, Nagpur or at any other equivalent
institution recognized by the Govt., shall not be required to undergo
such a training.
31. Penalty in case of default on non -appointment of fire safety
officer-
(1) If any owner or occupier or an association of such owners and
occupiers of a building or premises fails to appoint under section
29, fire safety officer within 30 days, of the receipt of a notice
given in this behalf by the Director or the nominated authority,
as the case may be, each one of them shall be deemed to be in
default jointly and severally.
(2) When the person liable for appointment of such fire safety
officer is deemed to be in default, such sum not less than ten
rupees per square meter and not exceeding fifty rupees per
square meter of area owned or occupied by him including in the
common areas in the premises as determ ined by the Director,
may be recovered from him by way of penalty for each month of
default or part thereof.
(3) The amount due as penalty under sub-section (2) shall be
recovered as an arrears of land revenue.
CHAPTER – VI
SPECIAL PROVISION FOR THE FIRE PROTECTION AND FIRE SAFETY
MEASURES IN CERTAIN BUILDINGS AND PREMISES IN DELHI
32. Special provision for multistoried building -
Notwithstanding anything to the contrary contained in t his Act, the multi -
stories buildings shall be governed by the provisions for the fire prevention and fire
safety measures hereinafter stipulated.
33. Inspection of buildings, premises, etc.-
(1) The nominated authority may, after giving three hours
notice to the occupier , of if there be no occupier, to the
owner of any building having such height as may be
specified by rules framed under this Act or premises ,
enter and inspect the said building or premises at any
time between sunrise and sunset where s uch inspection
appears necessary for ascertaining the adequacy or
contravention of fire protection and fire safety measures;
Provided that the nominated authority may enter into
and inspect any building or premises at any time if it
appears to it to be exp edient and necessary to do so in
order to ensure safety of life and property.
(2) The nominated authority shall be provided with all
possible assistance by the owner or occupier, as the case
may be, of the building or premises for carrying out the
inspection under sub-section (1).
(3) when any building or premises used as a human
dwelling is entered under sub -section (1) due regard
shall be paid to the social and religious sentiments of
the occupiers; and, before any apartmen t in the actual
occupancy of any women who, according to the custom
does not appear in public, is entered under sub -section
(1), notice shall be given to her that she is at liberty to
withdraw, and every reasonable facility shall be
afforded to her for withdrawing.
34. Measures for fire prevention and fire safety-
(1) The nominated authority shall, after the completion of the inspection of the
building or premises under section 33 record its views or the deviations from or
the contravention of the building bye-laws with regard to the fire prevention and
fire safety measures and the inadequacy of such measures provided therein with
reference to the height of the building or the nature of activities carried on in
such building or premises and issue a notice to the owner or occupier of such
building or premises directing him to undertake such measures as may be
specified in the notice.
(2) The nominated authority shall also gives a report of any inspection made by it
under section 33 to the Director.
35. Provision regarding certain building and premises-
(1) Notwithstanding anything contained in any other law for time being in force
the Director or the nominated authority may enter and inspect any building, the
construction of which was completed on or before the commencem ent of this
Act or any building which was under construction on such date in such
inspection appears necessary for ascertaining the adequacy of fire prevention
and fire safety measures in such buildings.
(2) The entry and inspection under sub-section (1) shall be done by the Director or
the nominated authority in the manner laid down in section 33.
(3) The Director or the nominated authority, as the case may be, shall, after
inspection of the building or premises under sub -section (1), and after taking
into consideration –
(j) the provisions of the building bye -laws in accordance with which the
plan of this said building or premises was sanctioned.
(ii) The conditions imposed, if any, by the local authority at the time of the
sanction of the plan of the said building or premises ; and
(iii) the minimum standards for fire prevention and fire safety measure
specified
for such building or premises as may be specified by rules framed under
this Act, issue a notice to the owner or occupier of such building or
premises stating therein the inadequacy in regard to the fire
prevention and fire safety measures in it and direct the owner or
occupier to undertake measures for rectifying the said inadequacy
within the period as he may consider just and reasonable.
(4) The nominated authority shall also give a report of any inspection made by it
under sub-section (1) to the Director.
36. Appeals -
(1) Any person aggrieved by any notice or order of the Nominated Authority or the
Director issued or made under this chapter may prefer an appeal against such notice
or order to the Appellate Authority within 30 days from the date of the notice or
order appealed against;
Provided that the Appellate Authority may entertain an appeal after the expiry
of the said period of 30 days if he is satisfied that there was sufficient cause for not
filing it within that period.
(2) An appeal to the Appellate Authority shall be made in such form and shall be
accompanied by a copy of the notice or order appealed against and by such fees as
may be specified by rule framed under this Act.
(3) An order of the Appellate Authority on an appeal under sub-section (1) shall be
final.
37. Penalties for violation of provisions of chapter VI - Whoever contravenes
any provision of this Chapter shall, without prejudice to any other action taken against
him under this Act and rules made there under, be punishable with imprisonment for a
term which may extend to six months, or with fine which may extend to fifty thousand
rupees, or with both and where the offence is a continuing one with a further fine which
may extend to three thousand rupees for eve ry day after the first during which such
offence continues.
CHAPTER - VII
MISCELLANEOUS
38. Establishment of fire training institute –
(1) The Government may establish and maintain a fire training institute in Delhi
to be known as the ‘ Fire Safety Management Academy’ for providing
course of instruction in the prevention and extinguishment of fire for the fire
service personnel and private candidates from industries, hotels, multi-storied
buildings and similar others govt. and non -government establishment as
specified in section -29.
(2) The Government may extend the training facilities at the academy to be
established under sub -section (1) to the fire services under the control of
local bodies and industrial undertakings as well as to th e state fire services of
other States on payment of charges as may be prescribed.
(3) Subject to the observance of the general rules applicable to other employees
of the Government in relation to training , the members of the fire service
may be given training in the field of scientific and modern techniques of fire
protection and fire safety measures, and allied matters in any institute, within
or out of India at the cost and expense of the Government for the
administration of the provisions of this Act.
(4) A fire officer, who undergoes training as provided in sub -section (3), shall
indemnify the Government to reimburse all such expense and costs,
including the pay and allowance as may be paid to him during the course of
training, if he does not serve the fire se rvice for a stipulated tenure binding
on him in this behalf.
39. Transfer to other area- The Director or any fire officer authorized by the
Government in this behalf may, on the occasion of a fire or other emergency in any
neighboring area in wh ich this Act is not in force, order the dispatch of the
members of the fire service with necessary appliances and equipment to carry out
fire fighting operations in such neighboring area and there upon all the provisions
of this Act and the rules made th ere 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.
40. Employment on other duties- It shall be lawful for the GovernmeExcerpt shown. Open the full act in Lexace.