The Gujarat Fire Prevention and Life Safety Measures Act, 2013.
Gujarat · state statute
Open in Lexace · Ask the AI about this actExtra No. 11 REGISTERED No. L2/RNP/G/GN R/84 <UN!s <-tCll"6ll.t't E~ ~l. .Jooo/- © tEbt ~ujarat @obernment @a;ette Vol. LIV I EXTRAORDINARY PUBLISHED BY AUTHORITY MONDAY, APRIL 1, 2013/CAITRA 11, 1935 Separate paging is given to this Part in order that it may be filed as a Sepa rate Compilat ion. PART IV Acts of Guja rat Legislatu re and Ordi nances promu lgated and Regulation s made by the Governor. The following Act of the Gujarat Legislature, having been assented to by the Governor on the l st April, 2013, is hereby published for general information. C. J. GOTHI, Secretary to the Government of Gujarat, Legislative and Parliamentary Affairs Department GUJARAT ACT NO. 11 OF 2013. (First published, after having received the assent of the Governor, in the "Gujarat Government Gazelle", on the ls1 April, 2013). AN ACT to make effective provisions for the fire prevention, safety and protection of life and property, in various types of buildings and temporary structures or shamiyana or tents or mandap likely to cause a risk of fire in different areas in the State of Gujarat and for matters connected therewith or incidental thereto. WHEREAS it is expedient to make effective provisions for the fire prevention, safety and protection of life and property in various types of buildings and temporary structures or shamiyana or tents or mandap likely to cause a risk of fire, in different areas in the Stale of Gujarat, fire service fee, constitution of a special fund and for the purposes connected therewith or incidental thereto; It is hereby enacted in the Sixty-Fourth Year of the Republic of India as follows:- IV-Ex.,-11-1 11 -1 11-2 Short title, extent and commencement. GUJARAT GOVERNMENT GAZETTE, Ex, 01-04-2013 CHAPTER I PRELIMINARY [PART- IV 1. (1) This Act may be called the Gujarat Fire Prevention and Life Safety Measures Act, 2013. (2) It extends to whole of the State of Gujarat. (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 the Act. Definitions. 2. (I) In this Act, unless the context otherwise requires, - (a) (b) (c) (d) (e) "building" shall have the meaning assigned to it in the GDCR or relevant law or any law for the time being in force in the area in which this Act is in force; and includes places or premises comprising land or building, or part of a land or building, outhouses, if any, appertaining to such building or part thereof and petrol, diesel or gas lines, communication lines, power installations or pumps, whether authorized or otherwise; "building bye-laws'' means the building bye-laws, rules or regulations made under any relevant law and includes GDCR or regulations, by whatever name they are called, or any other building rules or regulations made under any other law for the time being in force and are in operation in the area in which this Act is in force; "Chief Fire Officer" means a person as classified under section 10; "Commissioner" shall have the meaning assigned to it in clause Bom. ux of (9) of section 2 of the Gujarat Provincial Municipal Corporations 1949. Act,1949; -"Director" means a person appointed under section 6; (/) "disaster" shall have the meaning assigned to it in clause (h) of section 2 of Gujarat State Disaster Management Act, 2003; Guj. 20 or200J. (g) "emergency services" means services required to be rendered in case of manmade or natural disaster or any eventuality where the life is at risk; (h) "erector" means a person. or an association of persons, whether corporate or otherwise, who erects or makes a shamiyana or tents or mandap or any structure for occupation of people on a reguJar or temporary basis; PART- IV] GUJARAT GOVERNMENT GAZETTE, Ex, 1-04-2013 (i) " fees" means fees levied under section 30; (j) " fir e division" means a territory comprising such number of fire sub-divisions as may be prescribed; and declared generally or specially by the State Government to be a fire division for the purpose of this Act; (k) "fire prevention and life safety meas ures" means such measures as are necessary in accordance with the building bye-laws or as required by or under the provisions of any law or the National Building Code of India, for the time being in force, for the preventio n, contro l and fighting of fire and for ensuring the safety of life and property in case of fire; (I) "fire region" means territory compnsmg such number of fire divis ions as may be prescribed and declared generally or specially by the State Government to be a fire region for the purpose of this Act; (m) " fire safety officer" means a person appo inted under section 12 of this Act as the Fire Safety Officer by the owners and occupiers of certain premises and buildings as specified in this behalf to ensure fire prevention and fire safety measures installed in such premises and buildings; (n) "Fund " means fund constituted under section 32; (o) " GDCR " means the General Development Control Regulations 11-3 made under clause (m) of sub-section (2) of section 12 of Gujarat President's Act No. 27 of 1976. Town Planning and Urban Development Act, 1976; (p) "Licensed Agency " means a person or an associat ion of persons (q) licensed under sub-section (I) of section 28; " Housing Society" includes all registered residential and non residential or mixed housing societies, association of owners or co owners of flat occupancy, building premises and associations of owners as defined under the Gujarat Ownership of Flats Act, 1973; (r) " local authority " means a municipal corporation, nagar panchayat, municipality, district panchayat, taluka panchayat, gram panchayat, notified area committee or cantonment board constituted under relevant local authority law; Gaj. 13 of 1973. 11-4 GUJARAT GOVERNMENT GAZEITE , Ex, 01-04-2013 [PART-IV (.s) " Local Fire servic e" means the local fire service as may be notified by the State Government under section 3. (I} "Na tional Buildin g Code of Indi a" means the book or books containing Fire Prevention and Life Safety Measures to be implemented in the buildings, places, premises, workshops, warehouses and industries, published from time to time by the Bureau of Indian Standards; (u) " nominat ed officer" means an officer possessing the prescribed qualifications and nominated by the Director or the Regional Fire Officer or the Chief Fire Officer to perform duties and functions laid down under this Act; (v) "occup ancy" 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; (w) "occupi er" shall have the meaning assigned to it in· clause (xvi) of Presiden t Act section 2 of the Gujarat Town Planning and Urban Development Act, No. 21or1976. 1976; (x) "own er" shall have the meaning assigned to it in clause (xvii) of President Act section 2 of the Gujarat Town Planning and Urban Development Act, No. 27 or 1976. 1976 and shall also include the housing society; (y) "premi ses" means any land or any building or part of a building and includes the garden ground and outhouse, if any, appertaining building or part of a building; and any land or any building or part of a building appurtenant thereto which is used for storing explosives explosive substance and dangerously inflammable substance; (z) " prescribed " means prescribed by rules made under section 57; (za) "Regional Fire Offic er" means a person appointed under section 8; (zb) "regulation s" means regu lations made by the Directo·r under section 58; (zc) "sl1amiyana or tents or mandap " 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. PART- IV] GUJARAT GOVERNMENT GAZETTE , Ex, 1-04-2013 · 11-5 President Act (2) Words and expressions used in this Act but not defined shall have the No. 27 of 1976· meaning assigned to them in the Gujarat Town Planning and Urban ~0~3_ 20 of Development Act, 1976 or the Gujarat Stale Disaster Management Act, 2003 or any other law relating to local authorities, as the case may be, and the rules made thereunder. CHAPTER II ORGANIZATION, SUPERINTENDENCE, CONTROL AND MAINT AINANCE OF FIRE SERVICE 3. ( 1) There shall be one State fire service for the whole of the State and all officers and subordinate ranks of the fire service shall be liable for the posting to any office of the fire service: Provided that, the State Govenunent may, by notification in the Official Gazette, declare any Fire Brigade or any other Local Fire 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 Service at any time: Provided further that, this provision shall not apply to the private fire services maintained for providing fire protection coverage to specific building or industry by the owner or occupier thereof. · (2) Notwithstanding anything contained in this Act or any other law for the time being in force relating to the local authorities , the State Government may, by notification in the Official Gazette, declare the services relating to any fire brigade or fire prevention a part of State Fire Service with effect from such date as may be specified in the notification. (3) Upon such declaration under sub-section (2),- (i) the officers and employees responsible for providing the fue services in the areas of such local authority, shall be deemed to have been absorbed in the State Fire 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 proceeding pending before any fire officer, immediately before the declaration, 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-clause (2), One fire service for whole of State. 11-6 Superintendence of Fire Service to vest in State . Constitution and classification of Fire Service. GUJARAT GOVERNMENT GAZElTE, Ex, 01-04-2013 [PART- IV (iv) all assets, rights and liabilities relating to the fire services of such local authorities shall stand transferred to the State Fire 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. 4. The superintendence of, and control over, the Fire Service throughout the State shall vest in the State Government and the Fire Service shall be administered by the State Government in accordance with the provisions of this Act and of any rules made thereunder through such fire officers as the State Government may, from time to time, appoint in this behalf. 5. (1) Subject to the provi sions of this Act, the State fire service shall consist of such number of staff in several ranks and have such organisation and have such powers , functions and duties as the State Government may, by genera l or special order, determine. (2) The State Government may prescribe by rules, - (a) the different posts of the State Fire Service; (b) the mode of recruitment of staff, grade of post, the qualification , pay, allowances and other conditions of service of the officers and other staff engaged therein and matters connected therewith ; (3) The State Government may, by notification in the Official Gazette, review the existing pattern of the existing different fire services in the State and if deem fit may modify: Provided that, for local fire services the rules framed under this sub section may not include mode of recruitment of staff, pay, allowances and matters connected therewith. ( 4) Save as otherwise provided by or under this Act, every person holding office either as a Chief Fire Officer or Fire Officer or staff or an employee (by whatever designation called) on an existing Fire Brigade or Fire Service of any authority on the date immediately before the commencemen t of this Act shall continue to hold office on the same terms and conditions as were applicable to him immediate ly before such date and shall exercise such powers and perform such duties as before and in addi tion to those as are conferred on them by or under this Act. Appotntmentor 6. (1) The State Government shall appoint a person to be the Director and Director. such other officers and staff as may be necessary from time to time to assist the Director while exercising the powers or discharging the duties or functions conferred under this Act or the rules made thereunder. PART-IV) GUJARAT GOVERNMENT GAZETTE, Ex, 1-04-2013 11-7 (2) The jurisdiction of the Director so appointed shall extend to the entire State in matters relating to fire services. (3) Subject to the control, directions and superintendence of the State Government, the Director shall exercise such powers and perform such duties as are conferred and imposed upon him by this Act or the rules made thereunder. 7. (1) Without prejudice to the provisions of sub-section (3) of section 6, the Director shall, - (i) function as the Head of Department in the office of the Director; (ii) subject to the rules. made in this behalf, the Director may appoint subordinate staff only on the recommendations of the Gujarat State Subordinate Services Selection Board on such terms and conditions of salaries and allowances as may be fixed by the State Government; (iii) keep liaison with the Central Government and the State Government offices for the development of fire services; (iv) frame the policies in relation to the development of fire services in the State and, on approval by the State Government, take steps to implement the same; (v) exercise superintendence and control over all authorities in the matters relating to fire prevention and fire safety measures; and subject to the approval of the State Government, issue such directions to any authority in respect of fire services maintained or required to be maintained by them; (vi) represent the State Government on National and International forums with a view to updating the standard of fire services in the State; (vii) prepare and submit plans and proposals to the State Government with regard to the periodical review of fire equipment, fire property and fire manpower for effective implementation of fire services by the authorities; (viii) take or cause to be taken such effective steps and measures in cases of major fires, house collapse and other emergency services; (ix) investigate or cause to be investigated the cause of fire and advise the authorities for implementing fire precautionary measures; Powers, duties and functions of Director. 11-8 GUJARAT GOVERNMENT GAZETTE, Ex, 01-04-2013 [PART- IV (x) advise the State Government to set up additional Fire Training Centre or Centres for imparting training to the officers and staff of local authorities so as also to cater to the need of the various factories, commercial and mercantile establishments in the private sector and to impart training to officers and the staff or to provide ~hem the trained and qualified fire service personnel; (xi) requ1s1te fire-fighting equipment of any authority or any institution or individual, which in his opinion is required for the purpose of extinguishing fire in any area ; and to determine the amount of compensation payable in respect of such equipment of in the area of which authority , such fire operation is required to be carried out; (xii) exercise such other powers and perform such other duties and functions as may be conferred, imposed or allotted to him by or under the provisions of this Act. (2) The Director, with the approval of the State Government, direct and regulate all matters of firefighting 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. (3) The Director shall appoint such number of officers and employees as may be necessary to assist any Fire Officer of the State Fire Services, while exercising his powers or discharging his duties or functions under this Act or the rules made there under. (4) When the Director is informed, on a complaint made or otherwise that default has been made in the performance of any duty imposed on an authority by or under this Act or by or wider any enactment in relation to firefighting measures or operations for the time being in force, the Director, if satisfied after due inquiry, that the alleged default has been made, may, by order, fix a period for the performance of that duty and communicate such order to the authority. (5) If the duty is not performed within the period so fixed, the Director may appoint such other person to perform it, and may direct that the expenses of performing it, with a reasonable remuneration to the person appointed to perform it, shall be forthwith paid by the person or the authority, as the case may be. (6) If the expense and remuneration are not so paid, the Director may make an order directing the bank in which any moneys of the person or the authority are deposited or the person in-charge of the local Government Treasury or of any other place of security in which the moneys of the authority PART-IV] GUJARAT GOVERNMENT GAZETTE, Ex, 1-04-2013 are deposited, to pay such expenses and remuneration from such moneys as may be standing to the credit of the authority in such bank or may be in the hands of such person or as may, from time to time, be received from or on behalf of the authority by way of deposit by such bank or person, and such bank or person shall be bound to obey such order. Every payment made pursuant to such order shall be a sufficient discharge to such bank or person from all liability to the authority in respect of any sum or sums so paid by it or him out of the moneys of the authority so deposited with such bank or person. (7) The Director or any Fire Officer, authorised 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. (8) The Director may, with the previous sanction of the State 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 forc·e for providing personnel of equipment or both, for firefighting purpose on such terms and conditions as may be provided by or under the agreement on reciprocal basis in public interest. (9) The Director may, with the previous sanction of the State Government, enter into arrangements with any person or organisation who employs and maintains personnel or equipment or both, for firefighting 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 frre occurring in any area in which this Act is in force. 11-9 8. ( 1) For the purpose of providing adequate number of officers and staff constitution or for meeting the needs of fire services, having regard to the population, fire region. potential fire hazards in certain industries and large commercial and mercantile establishments and buildings and the number of fire stations required to be provided for and maintained, the State Government may, for the purpose of securing fire prevention and life safety measures within the State, by notification in the Official Gazette, constitute as many fire regions as it deems fit. (2) Every notification issued under sub-section (1) shall define the limits of the region to which it relates. (3) The State Government shall, for each fire region, appoint a person to be the Regional Fire Officer. 11-l 0 Division of fire region into fire divisions. Appointment of Fire Officers. Powers , duties and functions of Fire Officers. GUJARAT GOVERNMENT GAZETTE, Ex, 01-04-2013 [PART-IV (4) Subject to the control, direction and superintendence of the Director, the Regional Fire Officer, shall exercise such powers and pe1form such duties as are conferred and imposed upon him by this Act or the rules made thereunder or orders issued in this behalf. (5) Ylithout prejudice to the provisions of sub-section (4), the Regional Fire Officer shall, - (i) function as the Head of the Fire region; (ii) prepare the fire management plan for the region. (6) The qualifications for appointment and other conditions of service of the Officer, appointed under sub-sectio n (3) shall be such as may be prescribed. 9. The State Government may, by notification in the Official Gazette, divide each fire region into such fire divisions as may be specified in the notification. The fire divisions may comprise of the area of one or more local authority. The fire division may also be further divided into fire stations and define their boundaries as may be necessary for administrative and operational effic iency. 10. (1) For the purposes of this Act, the State Government may appoint, for each,- (a) fire division, a person as the Divisional Fire Officer, (b) fire station, a person as the Station Fire Officer. (2) The qualifications for appo intment and other conditions of service of the Officers, appointed under sub-section (1) shall be such as may be prescribed. (3) For the purposes of this Act, the State Government may for each Local Fire Services,- (a) classify the category of Chief Fire Officer taking into consideration the population and class of local authority or authority or such other factors as may be prescribed; (b) prescribe the norms and qualifications of the each category of Chief Fire Officer; (4) Subject to sub-section (3), the State Government may by an order direct the local authority or the authority, as the case may be, to appoint a person to be the Chief Fire Officer. 11. (1) Subject to the control , directions and superintendence of the Director, the Regional Fire Officer or the Chief Fire Officer appointed under sub-sect ion (3) of section 8 and under section 10 respectively, shall exercise such powers and perform such duties as are conferred and imposed upon him by this Act or rules or orders made thereunder. PART- IV] GUJARAT GOVERNMENT GAZETTE, Ex, 1-04-2013 l 1-11 (2) Without prejudice to the provisions of sub-section (1 ), in case of fire prevention and disaster , the Regional Fire Officer or the Chief Fire Officer, as the case may be, for their jurisdiction shall in case of any fire or emergency act as commanding officer for that event and all other fire services engaged shall work under him. (3) Without prejudice to the provisions of sub-sections (1) and (2), the. Regional Fire Officer or the Chief fire officer, as the case may be, shall for their jurisdic tion, be the head of the office. 12. ( l) To ensure the effective fire prevention and life safety measu res of the buildings or premises as may be specified by an order by the State Government in this behalf, every factory or the owner and occupie r or occupiers individua lly or jointly, as the case may be,- (i) shall appo int a fire safety officer, having such qualifications as may be prescribed; (ii) send the compliance report to the Regional Fire Officer or the Chief Fire Officer, as the case may be, under section 18. (2) The fire safety officer so appointed under sub-section (1) shall, be issued by the Regional Fire Officer or the Chief Fire officer, as the case may be, the enrolment certificate under his signature and seal of the office in the prescribed form. (3) In case of a vacancy of the fire safety officer appointed under sub-section (1), either on resignation or otherwise, the factory or the owner and occupier or occupiers individually or jointly, as the case may be, shall be required to immediate ly appoint the fire safety officer. (4) In case of non-appointment of the fire safety officer, as envisaged under Sub section (1 ), the Regional Fire Officer or the Chief Fire Officer, as the case may be, may take such steps as he deems necessary, which includes report to the Labour Commissione r for the closure of the factory and in other cases to the relevant authority for necessary action under relevant law. CHAPTER III REQUISITION , COMPENSATION FOR FIRE EQUIPMENT 13. (1) Where, the Director or the Chief Fire Officer or any other Fire Officer of any author ity, who is in-charge of a fire fighting operation requires firefight ing equipment or property of any other authority or any institution or individual, he may by order requisite such equipme nt or property for the purpose of extinguishing fire in any area and take possession thereof from the author ity or any institution or individual, as the case may be. Appointme nt of Fire Safety Officer. Requisitio n of fire fighting property. 11-12 Functions in case of fire. GUJARAT GOVERNMENT GAZETTE, Ex, 01-04-2013 [PART- IV (2) As soon as may be, after the firefighting operations are over, such officer shall release the equipment or property, taken possession of by requisition under sub-section (1) and restore the same to the authority, institution or individual from whose possession such property was taken. (3) Where any firefighting equipment or property is requisitioned under sub-section (I) , there shall be paid to the owner of such property, compensation the amount of which shall be determined in accordance with the principles hereinafter set out, that is to say,- (a) where the amount of compensation can be fixed by agreement between the Director or, as the case may be, the Chief Fire Officer and the owner of the firefighting property, it shall be paid in accordance with such agreement; (b) where no such agreement can be reached, the Director or, as the case may be, the Chief Fire Officer shall refer the matter to the District Magistrate having jurisdiction over the area in which the firefighting equipment or property was kept, used or procured and the · Magistrate shall, after hearing the parties and such other persons as be deems necessary, fix the amount of compensation taking into consideration the rent which the firefighting equipment or property would normally fetch if rented out for a similar purpose. The orders of the District Magistrate fixing the amount of compensation shall be final. 14. (1) In case of any fire in any area, the Director or the Regional Fire Officer or the Chief Fire Officer or any otlier Fire Officer who is in-charge of firefighting operations on the spot may,- (a) remove, or order any other fire officer or fire personnel to remove, any person who by his presence, interferes with· or impedes the operations for extinguishing the fire or for saving life or property; (b) close any street or passage in or near which fire has taken place; ( c) 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 : Provided that, the owner or occupier, as the case may be; of any such premises shall be paid reasonable compensation to the extent of the damage so caused in such manner as may be prescribed; ( d) 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 the fire has broken out and utilise 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; PART-IV] GUJARAT GOVERNMENT GAZETTE , Ex, 1-04-2013 ( e) exercise, in the absence of aid from the police, the same powers for dispersing an assembly of persons likely to obstruct the fire fighting operations as if he were an officer-in-charge of a police station; (f) generally take such measures as may appear to be necessary for extinguishing the fire or for the protection of life or property. (2) Any damage cause to any premises or property, due to fire, by members of the fire service in the discharge of their duties shall be deemed to be damage by fire within the meaning of any policy of insurance against fire. 15. It shall be lawful for the officer-in-charge of the fire fighting operations to draw water from any source in the area which he considers necessary for such operations and on such occasions as may be required and the authority or owner or occupier having control over such water source shall supply water for that purpose at such rates as may be prescribed. 16. Notwithstanding anything contained in section 14, the Regional Fire Office r or the Chief Fire Officer of any authority or any other office r authorised in this behalf, may 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 , the prov isions of that person of assistance for the purpose of dealing with fires occurring in any area. CHAP ER IV TRAINING TO FIRE PERSONN EL S 11-13 Power to ar range supply of water . Power to enter into agree ment. 17. (1) The State Government may establish and maintain training Train ing. centres in the State for providing courses of instruction in the prevention and extinguishme nt of fire for the personne l of any Fire Service and private services of industries, hotels, multi-storied buildings and such other Government and non-Government establishmen ts as which the State Governmen t may specify. (2) The State Government may extend the training facilities at such centres to be estab lished under sub-sectio n (1) to the fire service under the control of local bodies and industrial undertakings on payment of fees as may be prescribed. (3) The State Government may prescribe such fee and such procedure as it may deem fit for providing a course of instruction in the prevention and extinguishmen t of fire. 11-14 Requirement for fire prevention and life safety measures. GUJARAT GOVERNMENT GAZETTE, Ex, 01-04-2013 CHAPER V PROV I SIONS RELATING TO FIRE PREVENT ION AND LIFE SAFETY MEASURES [PART- IV 18. (1) Without prejudice to the provisions of any other law or the rules, GDCR or building bye-laws made thereunder or the National Building Code of India, relating to fire prevention and life safely measures as in operation in the State for the time being in force, housing society or the owner or where the owner is not traceab le, the occupie r, who arc either individually or j ointly responsible, of a building as classified by regulations or part thereof, shall provide fire prevention and life safety measures therein: Provided that the owner or the occupier, as the case may be, shall, - (i) provide mm1mum firefighting and life safety installations as provided in the regulations; (ii) maintain the fire prevention and life safety measures in operational condition at all times , in the manner and specifications specified in regulations. (2) The regulations so made shall be notified in the Official Gazette. Mannerof 19. (1) Notwithstanding anything contained in any other law for the time compliance for prevention and life being in force, - safety measures. (a) no authority empowered to issue the occupancy certificate, shall issue the same, unless it is satisfied that the owner or the occupier, either individually or ·jointly, has complied with the provisions of section 18; (b) in case of building or part thereof, on the date of commencement of this Act, where development permission is issued and construction is not commenced or the construction is commenced but not completed or the construction is comp leted but occupancy certificate is not issued, and where the housing society or the owner or the occupier, individually or jointly liable, as the case may be, is required to comply the provisions of section 18, the Regional Fire Officer or the Chief Fire Officer, as the case may be, shall either suo moto or otherwise serve on the owner or occupier, as the case may be, a notice in the manner as may be prescribed and direct him to undertake and carryout fire prevention and life safety measures, as deemed necessary, within two months from the commencement of this Act, or within such PART-IV) GUJARAT GOVERNMENT GAZETTE, Ex, 1-04-2013 period or periods as may be extended by the State Government by order in writing: Provided that any owner or the occupier, as the case may be, who has been served with the notice under clause (b) or not, may undertake and carryout fire prevention and life safety measures, as required to be complied under the provisions of section 18 or as mentioned in th6 notice issued by the Regional Fire Officer or the Chief Fire Officer or the nominated officer, as the case may be, for getting fire safety certificate. (2) The owner or the occupier, individually or jointly, as the case may be, shall inform to the Regional Fire Officer or the Chief Fire Officer or the nominated officer, about the compliance with respect to sub-section ( l ). (3) The owners or occupiers, as the case may be, who are liable individually or jointly, for the building or part thereof, shall furnish to the Regional Fire Officer or the Chief Fire Officer or the nominated officer, certificate regarding the maintenance and operational condition of fire prevention and life safety measures, as specified by the regulations, issued by a Licensed Agency regarding the compliance of the fire prevention and life safety measures as required under the provisions of section 18. 20. The owners or occupiers, as the case may be, individually or jointly, who are liable to provide fire protection and life safety measures in building or part of building or premises, who, at any time, fail to comply with regard to sub-section ( 1) of section 19, shall be deemed to be in default. In case, where a fire safety certificate is issued earlier shall remain suspended for a period from the date of the notice for non-compliance issued by the Regional Fire Officer or . the Chief Fire Officer or nominated officer and till the date compliance is made to the satisfaction of the Regional Fire Officer or the Chief Fire officer or nominated officer, as the case may be, and the same shall be duly recorded on the fire safety certificate. 21. (1) The Regional Fire Officer or the Chief Fire Officer or the nominated officer, as the case may be, may scrutinise the compliances, with regard to the requirement of section 18, made by the owners or the occupiers, as the case may be, either independently or jointly, may after making necessary inquiry, if any, issue fire safety certificate. (2) If the owner or occupier, as the case may be,' fails to comply with the directions issued by the Regional Fire Officer or the Chief Fire Officer or the nominated officer, the fire safety certificate, issued under sub-section (1) shall be cancelled after giving owner or occupier an· opportunity of hearing to show cause. 11-15 Consequences for non-compliance of section 19. Suspension, termination and punishment 11-16 Safety Measures for fire hazardous materials. Assistance of police in fire prevention and firefighting operation. Power to entry and Inspect. GUJARAT GOVERNMENT GAZETTE, Ex, 01-04-2013 [PART-IV (3) The owner or occup ier of the building or premises whose fire safety certificate has been cancelled due to default on his part, shall not be entitled to occupy the building or premises on the ground of non-compliance of fire prevention and life safety measures under section 18. (4) No person shall tamper with, alter, remove or cause any injury or damage to any fire prevention and life safety equipment installed in any suc h building or part thereof or instigate any other person to do so. 22. (1) The State Government may, by notification in the Official Gazette, frame the regulation s in resJ:>ect of categorization of fire hazardous materials, trade and premises used for such purposes. (2) Upon issuances of notification under sub-section ( 1) it shall be lawful for the Director or the Regional Fire Officer or the Chief Fire Officer or the nominated officer or any fire officer authorised either by the Director or the Regional Fire Officer or the Chief Fire Officer to direct the removal of objects or goods likely to cause the risk of fire, to a place of safety and on failure by the owner or occupier to do so, the Director or the Regional Fire Officer or the Chief Fire Officer or fire officer may, after giving the owner or occupier a reasonable opportunity of making the representation, seize, detain or remove such objects or goods. The opportunity of representation as aforesaid may be dispensed with to avoid an imminent or alarming foreseeable risk of fire. 23. In firefighting operations or any other duties relating to seizure, detention or removal of any goods involving risk of fire, it shall be the duty of a police officer or members of the police force to assist and aid to the Director or such fire officer in performance of such duties under this Act. 24. . (1) The Director or the Regional J:~re Officer or the Chief Fire Officer or the Nominated Officer may, after giving three hours' notice to the housing society or occupier or if there is no occupier, to the owner of any place or building or part thereof , as the case may be, enter and inspect such place or building or part thereof at any time between sunrise and sunset where such inspection appears necessary for ascertaining the adequacy or contravention of fire prevention and life safety measures: Provided that, the Director or the Regional Fire Officer or the Chief Fire Officer or the Nominated Officer may enter into and inspect any such place or building or part thereof at any time if an industry is working or an entertainment or function is going on at such place, building or part thereof, or if it appears to him to be expedient and necessary to do so in order to ensure safety of life and property. PART - IV] GUJARAT GOVERNMENT GAZETT E, Ex, 1-04-2013 11-17 (2) The Director or the Regional Fire Officer or the Chief Fire Officer or the Nominated Officer shall be provided with all possible assistance by the owne r or occupier, as the case may be, of such place _or building or part thereof for carrying out the inspection under sub-section ( 1 ). (3) The owner or occupier or any other person shall not obstruct or cause any obstruction te the entry of a person empowered or authorised under this section into or upon any land or building or shall not molest such person after such entry for inspection. (4) When any such place or building or part thereof 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 flat, apartment or a part of such building in the actual occupancy of any woman, 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. (5) Where the inspection is carried out by the Nominated Officer under the preceding provi sions of this section, he shall give a report of such inspection to the Director or the Regional Fire Officer or the Chief Fire Officer of the authority concerned. 25. (1) Without prejudice to the prosecution for an offence of non compliance of the notice issued under clause (b) of sub-sect ion ( 1) of section 19, the Director or the Regional Fire Officer or the Chief Fire Officer may, in the event of non-compliance of any such notice, take such steps including exercising the power to have th6 place, building or any part thereof sealed and I or disconnected facilities of water, power and drainage under section 26, as may be necessary for the compliance of such notice. (2) All expenses incurred by the Director or the Regional Fire Officer or the Chief Fire Officer in relation to any steps taken by him under sub-section (1) shall be payable on demand, by the owner or occupier on whom such notice is served, and shall, if not paid within fifteen days after such demand be recoverable, as if it were the arrears of tax on property and the provisions under the relevant law or any other Jaw for the time being in force and is in operation within the area of jurisdiction of the local autho rity concerned for recovery of arrears of tax on property, shall apply mutatis mutandis for such recovery as they apply to the recovery of arrears of tax on property or where any such law is not in opera tion then, as an arrears of land revenue. 26. (1) If the Direct or or the Regional Fire Officer or the Chief Fire Officer is satis fied that due to inadequacy of fire prevention and life safety measures the condition of any place or building or part thereof is in imminent danger to person or property, then notwithstanding anything conta ined in this Act, or any other law for the time being in force, he shall, by order in writing, require Steps to be taken for non· compliance of notice. Evacuatio n and power to seal. 11-18 Provisions for temporary structures. GUJARAT GOVERNMENT GAZE11'E, Ex, 01-04-2013 [PART- IV the persons in possession or in occupation of such place or building or part thereof to remove themselves forthwith from such place or building or part thereof. (2) If an order made by the Director or the Regional Fire Officer or the Chief Fire Officer under sub-section (1) is not complied with, he may direct, - (a) the authority responsible for supply of electricity or supply of water, to disconnect the supply of electricity or water, as the case may be; (b) any police officer having jurisdiction in the area, to remove such persons from such place or building or part thereof and such authority or police 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 Director or the Regional Fire Officer or the Chief Fire Officer shall cause such place or building or part thereof, to be sealed by such police officer forthwith. ( 4) No person shall remove such seal except under a written order made by the Director or the Regional Fire Officer or the Chief Fire Officer suo motu or on an application of the owner or occupier . CHAPTER . VI PROVISIONS FOR TEMPORARY STRUCTURES 27. (1) The State Government may by notification in the Official Gazette, declare any class of temporary occupancy .such as a mandap, shamiyana or tents or such other temporary structures for hosting any event, which, in its opinion, is likely to cause a risk of fire. (2) The measures for fire prevention and life safety to be taken by the promoter, organiser, owner or occupier of such premises where such temporary structures are likdy lo take place or the erectors of temporary structures or shamiyana or tents or mandap, as the case tnay be, shall be such as may be prescribed. (3) The Regional Fire Officer or the Chief Fire Officer or the Nominated Officer may grant permission for the use of the temporary structures or shamiyana or tents or mandap, as the case may be, ensuring an undertaking in the· prescribed form is given by the promoter, organiser, owner or occupier. PART-IV] GUJARAT GOVERNMENT GAZETTE, Ex, 1-04-2013 11-19 (4) The Director or the Regional Fire Officer or the Chief Fire Officer or the Nominated Officer may enter and inspect any temporary structure about the correctness of the declaration and may poinl out the inadequacy , if any , with a direction to comply within a specified
Excerpt shown. Open the full act in Lexace.
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