LexThe Haryana Fire and Emergency Services Act, 2022 (Haryana Act No. 14 of 2022)
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Haryana Government Gazette
EXTRAORDINARY
Published by Authority
© Govt. of Haryana
No.
65
-
20
2
2
/Ext.]
CHANDIGARH,
FRI
DAY
,
08TH APRIL
, 20
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LEG
ISLATIVE SUPPLEMENT
CONTENTS
PART
-
I
ACT
S
PAGES
THE HARYANA
FIRE AND EMERGENCY S
ERVICES ACT, 2022
71
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83
(HARYANA ACT NO.
14
OF 20
2
2
)
.
PART
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II
ORDINANCE
S
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PART
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III
DELEGATED LEGISLA
TION
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PART
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IV
CORRECTION SLIPS, REPUBLICATION
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AND REPLACEMENT
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PART
-
I
HARYANA GOVERNMENT
LAW AND LEGISLATIVE
DEPARTMENT
Notification
The
8
t
h
April
, 20
2
2
No.
Leg.
14
/20
2
2
.
—
The following Act of the Legislature of the State of Haryana
received
the assent of the Governor of Haryana on the 7th April, 2022 and is hereby published
for general information:
-
HARYANA ACT
NO.
14
OF 20
2
2
THE HARYANA FIRE AND EMERGENCY SERVICES ACT, 2022
A
N
ACT
to consolidate the law relating to Fire and Emergency Servi
ces and to make provisions for
prevention of fire and providing of fire safety measures in the buildings in the State of Haryana
and for matters connected therewith and incidental thereto.
Be it enacted by the Legislature of the State of Haryana in
t
he
Sev
enty
-
third
Year of the
Republic of India as follows:
-
1.
This Act may be called the Haryana Fire and Emergency Services Act, 2022.
Short title.
2.
In this Act, unless the context otherwise requires,
-
(a)
“appellate authority” means the Additional Chief
Secretary/ Principal Secretary to
Government, Haryana in the administrative department;
(b)
“building” shall have the same meaning as assigned to it in the Haryana Municipal
Act, 1973 (24 of 1973) 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, whether authorized or otherwise, outhouses, if any,
pertaining to such building or part thereof and petrol, diesel or gas line installations
o
r pumps;
(c)
“bye
-
laws” means fire safety regulations as prescribed in Haryana Building Code,
2017, provisions of Part
-
IV of National Building Code of India 1983 as revised
from time to time containing fire prevention and life safety measures to be
impleme
nted in the buildings as laid down by the Bureau of Indian Standards, Oil
Industry Safety Directorate Guidelines, 1986, the Petroleum Act, 1934 (Central Act
30 of 1934) and rules made thereunder and the Explosives Act, 1884 (Central Act
4 of 1884) and rul
es made thereunder;
(d)
“
Bureau of Indian Standard (BIS)” means National Standard Body of India
established under the Bureau of Indian Standards Act, 2016 (Central Act 11 of
2016);
(e)
“
Fire Officer” includes Assistant Divisional Fire Officer and Fire Sta
tion Officer
appointed for fire stations and other field formations, as the case may be;
(f)
“Director” means the Director, as the case may be, appointed by the Government
under section 4;
(g)
“disaster” means disaster as defined in the Disaster Management
Act, 2005
(Central Act 53 of 2005);
(h)
“erector” means a person or association of persons, whether corporate or otherwise,
who erects or makes a pandal or any structure for assembly of people on a regular
or temporary basis;
(i)
“Fire and Emergency Serv
ices” means any serious situation or occurrence that
happens unexpectedly and demands immediate action of Fire and Emergency
Services of the Government or local authority;
(j)
“fire station” means a building erected to house the fire fighting equipment,
ap
pliances and staff and declared by the Government to be a fire station and other
field formations as constituted under section 6 of this Act;
Definitions.
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(k)
“fire prevention and life safety measures” means such measures as are necessary in
accordance w
ith the provisions of Part
-
IV of the National Building Code of India,
1983 as revised from time to time for containment, control and extinguishment of fire
and for ensuring the safety of life and property;
(l)
“Fire Safety Officer” means a person appoint
ed under section 22 by the owner or
occupier of certain buildings as specified in this behalf to ensure fire prevention and
fire safety measures installed in such buildings;
(m)
“Government” means the Government of the State of Haryana in the
administrat
ive department
;
(n)
“local authority” means the Municipal Corporation, Municipal Council,
Municipal Committee, Gram Panchayat, Cantonment Board or any other
authority established, constituted or incorporated for providing and maintaining
fire services;
(o)
“occupancy” me
ans the principal occupancy for which a building or a part of the
building is used or intended to be used including subsidiary occupancies which are
contingent upon it;
(p)
“occupier” means
-
(i)
any person who, for the time being, is paying or is liable t
o 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 land or building;
(iii)
a rent
-
free occupant of any land or buildi
ng;
(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;
(q)
“owner” includes a person who for the time being is receiving or is entitled t
o
receive the rent of any land or building, whether on his own account or as an
agent, trustee, guardian or receiver or any other person who shall receive the rent
or is entitled to receive the rent if the land or building or part thereof is let out to
ten
ant
;
(r)
“pandal” means a temporary structure with a 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;
(s)
“prescribed” means prescri
bed by the rules made under this Act;
(t)
“State” means the State of Haryana.
Fire and
Emergency
Services.
3.
There shall be Fire and Emergency Services for the State of Haryana consisting of officers
and officials of the Fire and Emergency Services wh
o shall be posted anywhere within the State:
Provided that the Government may, by notification in the Official Gazette, declare any other
service or disaster to be Fire and Emergency Service.
Appointment of
Director.
4.
The Government may appoint any
suitable officer of Group ‘A’ services as Director,
Haryana Fire and Emergency Services
.
Powers, duties
and functions
of Director.
5.
(1)
The Director shall subject to the superintendence and control of the Government,
direct and regulate all matters of f
ire safety and prevention, fire fighting equipments, machinery and
appliances, training, distribution of duties, study of laws and maintenance of discipline of personnel
in the Fire and Emergency Services.
(2)
The Director shall,
-
(i)
keep liaison with
the Government for the development of Fire and Emergency
Services;
(ii)
frame and take steps for implementation of the policies relating to the
development of Fire and Emergency Services after obtaining approval of
Government;
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(iii)
prepare and submit p
lans and proposals to the Government with regard to
the periodical review of fire equipments, properties and manpower for
effective implementation of Fire and Emergency Services;
(iv)
ensure that Fire and Emergency Management Plans of the Fire Stations
and
other field formations
are prepared in conformity with the respective
State Disaster Management Plans;
(v)
ensure deployment of Fire and Emergency Services, resources, equipments
and fire personnel at standby duty for any fire response or any other
emerge
ncy within the State as well as for adjoining States;
(vi)
take or cause to be taken such effective steps and measures in case of major
fire, house collapse and other emergency services;
(vii)
investigate or cause to be investigated the reason of fire an
d submit the
report to the Government with the recommendations including
implementation of fire precautionary measures;
(viii)
depute such number of members/personnel as may be necessary to assist
any Fire Officer of the Fire and Emergency Services;
(ix)
i
mplement the policies framed by the Government from time to time;
(x)
establish advance training centres for providing training in the field of fire
and rescue operations;
(xi)
represent the State of Haryana in National and International forums to
update t
he standard of Fire and Emergency Services;
(xii)
perform any other function or duty as may be necessary for carrying out the
provisions of this Act.
6.
(1)
The Government for the purpose of securing fire prevention and life safety
measures within the St
ate shall, by notification in the Official Gazette, constitute as many fire
divisions, fire stations and other field formations, as it may deem fit to meet with the need of Fire
and Emergency Services, having regard to the population, potential fire hazard
s in industrial
sector, commercial and mercantile establishments and buildings.
(2)
Every notification issued under sub
-
section (1) shall define the limits of the fire
divisions, fire stations and other field formations for administrative and operational
efficiency.
Setting up of fire
divisions, fire
stations and other
field formations.
7.
(1)
The Government or the Director shall appoint a Fire Officer for each fire station,
who shall be the officer
-
in
-
charge of the fire station and shall be responsible f
or the maintenance
of communication system, water resources including hydrants, operation of Fire and Emergency
Services within his area.
(2)
Subject to the control, direction and superintendence of the Director, the Fire
Officer shall exercise such powe
rs and perform such duties, as may be prescribed.
(3)
Without prejudice to the provisions of sub
-
section (2), the concerned Fire Officer
shall,
-
(i)
in case of Fire and Emergency Services, act as Commanding Officer and in
such a situation, the other Fire
and Emergency Services not under his
control shall work under his command;
(ii)
ensure that Fire and Emergency Management Plan of the Fire Station
and other field formations
is prepared in conformity with the respective
District Disaster Management Plan;
(
iii)
ensure the timely turnout of fire units on fire and emergency related calls as
per such standard operating procedures, as may be prescribed;
(iv)
ensure deployment of Fire and Emergency Services, resources, equipments
and fire personnel at standby dut
y for any fire response or any other
emergency within his jurisdiction.
Appointment,
powers, duties and
functions of Fire
Officer.
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Method of
recruitment of
members of
Fire and
Emergency
Services.
8.
The method of recruitment, the pay and allowa
nces and all other conditions of service of the
members of the
Fire and Emergency Services
appointed or engaged, shall be such, as may be
prescribed.
Auxiliary Fire
and Emergency
Service.
9.
Whenever it appears to the Government that it is necessary to
augment the Fire and
Emergency Services, it may raise an auxiliary Fire and Emergency Service by enrolment of
volunteers for such area and on such terms and conditions, as it may deem fit.
Powers of
O
fficer
-
in
-
charge.
1
0.
On the occurrence of fire in any
area, the officer/official of the
fire
fighting operations
on the spot shall be the officer
-
in
-
charge who may
,
-
(i)
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 of fire
or for s
aving life or property;
(ii)
close any street or passage in or near which a fire is being fought and rescue
operation is in progress;
(iii)
break into or through or pull down any premises for the passage of hose or appliances
or cause them to be broken i
nto or through or pulled down, doing as little damage as
possible for the purpose of extinguishing fire and carrying out rescue operations;
(iv)
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 carry
ing out rescue operations;
(v)
exercise the same powers for dispersing an assembly of persons likely to obstruct the
fire fighting operations as if he is/was an officer
-
in
-
charge of a police station and
shall be entitled to the same immunities and protect
ion as an officer
-
in
-
charge of a
police station;
(vi)
detain a person who wilfully obstructs and hinders Fire and Emergency Services
personnel in fire fighting and rescue operations and hand over him to a police
officer or at the nearest police station wi
thout delay specifying the time, date and
reasons of detention in writing.
Requisition of
fire fighting
property.
11.
Where the
Director or Fire Officer or officer
-
in
-
charge of a fire fighting or any emergency
operation requires fire fighting equipment an
d appliance or property of any other authority or any
institution or individual, he may, by order, requisite such equipment or property for the purpose of
extinguishing fire or to meet with any other emergencies in any area and take possession thereof
from
the authority or any institution or individual, as the case may be.
Power to
arrange water
supply and
other necessary
measures.
12.
(1)
It shall be lawful for the officer
-
in
-
charge of the fire fighting operations
to draw
water from any source in the are
a which he considers necessary during fire fighting operations, as
may be required and on such occasions, the owner or occupier having control over such water
source shall supply water for that purpose.
(2)
The officer
-
in
-
charge of the fire fighting oper
ations
shall ensure adequate supply of
water for use in the incident of fire and shall take all necessary measures for fire fighting operation.
No
compensation
for interruption
of water
supply.
13.
No person in
-
charge of water supply in any area shall ha
ve right to claim for any
compensation for damages by reason of any interruption of supply of water caused in compliance
with sub
-
section (1) of section 12.
Charges for
water
consumption.
14.
No charges shall be claimed by any local authority for water
consumed in
fire fighting
operations or fire drills or for installation and maintenance of hydrants static water tanks or any
other arrangement of water supply for
fire fighting purposes.
Preventive
measures.
15.
The Government shall, by notification, requi
re any owner or occupier of any place or
premises in any area which in its opinion is likely to cause risk of fire, to take such preventive
measures, as may be specified in such notification.
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16.
(1)
The erector of pandal shall be deemed to be self
-
regul
ator for taking fire prevention
and life safety measures as per provisions of this Act.
(2)
The erector of pandal shall display at a prominent place in the pandal, a declaration
in the prescribed form under his own signature to the effect that he has tak
en all prescribed fire
prevention and life safety measures.
(3)
The Director or any officer authorized by him in this behalf shall have the power to
enter and inspect the pandal to verify the correctness of the declaration so made by the erector
under su
b
-
section (2) and to point out the shortcomings, if any, with the directions to remove
them within a specified time. If such directions are not complied with within the time given, the
Director or the officer authorised by him shall seal the pandal.
(4)
Any erector of a pandal who falsely declares that he has complied with the
prescribed fire prevention and life safety measures in the pandal shall be deemed to have
committed an offence and shall be punishable with imprisonment for a term which may extend
to
three months or with fine which may extend to ten thousand rupees or with both and where the
offence is a continuing one with a further fine which may extend to one thousand rupees for
every day during which such offence continues.
Fire prevention
and l
ife safety
measures in
pandal.
17.
(1)
Whenever it comes to the notice of the Director or any other officer authorized by
him, he may direct the removal of encroachment, objects or goods
likely to cause 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 may be, to do so, the Director or any other officer authorized by him in this
behalf may, after giving the owner or occupier or erector, as the case may be, a reasonable
opport
unity of making representation and in case the Director or an officer authorised by him in
this behalf is not satisfied with such representation, shall with detailed reasons report the matter
to the concerned District Magistrate.
(2)
On receipt of a repor
t under sub
-
section (1), the District Magistrate shall, by means
of a notice served in such manner, as he may think fit, give a reasonable opportunity to owner,
occupier or erector, as the case may be 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 giving the owner or occupier or erector, as the case may be, a reasonable
opportunity of making representation under sub
-
section (2), the District Magistrate afte
r
considering the representation, may withdraw the notice or make an order to seize, detain or
remove such encroachment, 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, in the manner as may be prescribed, to the person in
possession thereof at the time of seizure that the said objects or goods shall be sold as i
f the same
are not claimed within the period stipulated in the said notice.
(5)
On the failure of the person in whose possession the objects or goods were at the
time of seizure, to claim the seized goods pursuant to notice given under sub
-
section (4), t
he
District Magistrate shall sell them in public auction.
Removal of
encroachment,
objects or goods
likely to cause a
risk of fire or any
obstruction to fire
fighting.
18.
(1)
In compliance of the provisions of Part IV of the National Building Code of In
dia,
1983 as revised from time to time, Haryana Building Code, 2017 and any other State law or bye
-
laws, as applicable on relevant premises, the owner or the occupier of a building, who is
responsible either individually or jointly shall
-
(i)
provide fire
fighting installations and life safety measures;
(ii)
maintain the fire prevention and life safety measures in operational
condition at all times.
(2)
Any person proposing to construct a building as mentioned in clauses (a) and (b)
hereunder, after appro
val of building plans from the officer competent to approve the same under
the relevant law, shall apply for approval of the fire fighting scheme confirming to the provisions
of this Act and Part
-
IV of the National Building Code of India, 1983 as revised
from time to
time, to the Director or any officer authorized by him in this behalf, in such form, alongwith such
fee, as may be prescribed, namely:
-
Liability of owner
or occupiers for
approval of fire
fighting scheme.
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(a)
all high rise buildings (exc
ept residential buildings upto height of 16.5 mtrs);
and
(b)
special buildings including
-
(i)
hotel, educational, institutional, business, mercantile, industrial,
storage, hazardous and mixed occupancies, where any of these
buildings have floor area more
than five hundred square meter (500
square meters) on any one or more floors;
(ii)
educational buildings having height of nine meters (9 meters) and
above;
(iii)
institutional buildings having height of nine meters (9 meters) and
above;
(iv)
all assembly
buildings;
(v)
buildings, having area more than three hundred square meters (300
square meters) of incidental assembly occupancy on any floor; and
(vi)
buildings with two basements or more, or with one basement of area
more than five hundred square meters
(500 square meters) unless
otherwise mentioned specifically in the provisions.
(3)
Any officer duly authorized by the Director in this behalf may take cognizance of any
application and shall scrutinize the application with regard to the requirement of Ha
ryana Building
Code, 2017 and Part
-
IV of National Building Code, 1983 as revised from time to time. The
Director or any officer authorised by him in this behalf, after scrutiny may grant the approval of fire
fighting scheme which shall be valid for a perio
d of five years for the buildings mentioned in clause
(a) of sub
-
section (2) and for a period of two years for the buildings mentioned in clause (b) of sub
-
section (2) or reject the said application after recording reasons within such time, as may be
presc
ribed:
Provided that the Director or any other officer authorized by him in this behalf while
approving the Fire Fighting Scheme may impose any additional conditions/fire safety measures,
which he deems fit, for the safety of people and safety of the bu
ilding depending upon the ground
situation.
(4)
In case of approach road/ abutting road on which building is to be constructed and set
backs or open space around such building to be constructed, the parameters laid down under the
Haryana Building Code 201
7, shall be applicable.
(5)
The maximum height of the storage building shall be permissible up to twenty one
meters (21 meters) subject to the condition that no regular/continuous human habitation shall be
accessible for general public beyond fifteen mete
rs (15 meters) in height. In case of classes of
occupancy or building for which fire prevention and fire safety measures are not mentioned in the
provisions of Part
-
IV of the National Building Code of India, 1983 as revised from time to time
and separate
guidelines are not issued by the Bureau of Indian Standards or Oil India Safety
Directorate, the Director or any officer authorized by him in this behalf may require the owner or
occupier of such occupancy or building or premises to provide fire prevention
and fire safety
measures in accordance with the parameters laid down by the National Fire Protection Association
Institution (U.S.A.).
(6)
The maximum travel distance of the building shall be such as specified in the
Haryana Building Code, 2017 as revis
ed from time to time.
(7)
The maximum height of the industrial building shall be permissible up to thirty
meters (30 meters) for low and moderate hazard buildings (except high hazard buildings) subject to
the condition that no regular/continuous human ha
bitation is permitted beyond eighteen meters (18
meters) in height for low and moderate hazard buildings. In case of classes of occupancies or
buildings or premises for which fire prevention and life safety measures are not mentioned in the
provisions of P
art
-
IV of the National Building Code of India, 1983 as revised from time and time
and separate guidelines are not issued by the Bureau of Indian Standards or Oil India Safety
Directorate, in such cases, the Director or any officer authorized by him in this
behalf, may require
the owner or occupier of such occupancy or building or premises to provide fire prevention and life
safety measures in accordance with the parameters laid down by the National Fire Protection
Association Institution (U.S.A.).
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19.
(1)
On completion of the construction of the building mentioned under sub
-
section (2)
of section 18 and installation of the fire protection and preventive measures as per approved Fire
Fighting Scheme, the owner of the building shall apply for fire safety cert
ificate to the Director or
any officer authorized by him in this behalf, in such form alongwith such fee, as may be
prescribed.
(2)
On receipt of application under sub
-
section (1), the concerned officer shall
scrutinize the application and inspect the bu
ilding for compliance of fire fighting scheme.
(3)
After inspection of fire safety installation and means of escape as per approved fire
fighting scheme, the concerned officer shall submit his report to the Director or any other officer
authorised by him
within such time, as may be prescribed. After examination, the Director or any
officer authorised by him may grant approval and issue fire safety certificate or reject the said
application after recording the reasons, within such time as may be prescribed.
(4)
The fire safety certificate issued for the buildings specified in clause (a) of sub
-
section (2) of section 18 shall be valid for three years, for residential buildings above sixteen and
half meters (16.5 meters) shall be valid for five years and for
special buildings as specified in
clause (b) of sub
-
section (2) of section 18 shall be valid for three years.
(5)
Notwithstanding anything contained in any other State law for the time being in
force, no authority empowered to issue the occupation Certif
icate of such building shall issue the
occupation certificate unless the provisions of this section are complied with:
Provided that the authority competent to approve the fire safety certificate may
impose any additional conditions with regard to fire s
afety and life safety measures as he may
deem fit, for the safety of people and building depending upon the ground situation.
(6)
The owner or occupier of the building shall give a self
-
declaration certificate
annually to the effect that the fire fighting
system installed in his building is working in good
condition and there is no addition/alteration in the building. The Fire Officer may randomly
check such building. In case there is any addition/alteration beyond permissible limits under the
Haryana Buil
ding Code, 2017, the fire safety certificate shall cease to exist and the owner shall
apply for approval of revised Fire Fighting Scheme as per the provisions of section 18.
Issuance of Fire
Safety Certificate.
20.
(1)
The owner or occupier of building sh
all apply for renewal of fire safety certificate
within such period in such form, alongwith such fee, as may be prescribed.
(2)
The Fire Officer shall scrutinize the application and carry out the inspection of fire
safety installations, means of escape et
c. and if the building fulfils the prescribed norms, the Fire
Officer or any officer authorized by the Director in this behalf, shall issue the renewal of fire
safety certificate or reject the same after recording reasons in this regard within such time as
may
be prescribed:
Provided that the Fire Officer or any officer authorised by the Director competent
to approve the renewal of fire safety certificate may impose any additional conditions with regard
to fire safety and life safety measures which he may
deem fit, for the safety of people and
building depending upon the ground situation.
(3)
The validity of renewal of fire safety certificate shall be three years for buildings as
mentioned under clauses (a) and (b) of sub
-
section (2) of section 18.
(4)
The owner or occupier of the building shall give a self
-
declaration certificate
annually to the effect that the fire fighting system installed in his building is working in good
condition and there is no addition/alteration in the building. The Fire Office
r may randomly
check such building. In case there is any addition/alteration beyond permissible limits under the
Haryana Building Code, 2017, the renewal of said fire safety certificate shall cease to exist and
the owner shall apply for approval of revised
Fire Fighting Scheme as per the provisions of
section 18.
Renewal of fire
safety certificate.
21.
(1)
If the owner or occupier, as the case may be, fails to comply with the directions
issued by the Director or any officer authorised by him in this behalf
, the fire
safety
certificate
or renewal
of fire safety certificate
issued under sections 19 and 20, may be cancelled by
the issuing authority after giving an opportunity of hearing to the owner or occupier.
(2)
The owner or occupier of the building, whos
e fire safety certificate has been
cancelled, shall not be entitled to occupy the building or premises on the ground of non
-
compliance of fire prevention and life safety measures.
Cancellation of
fire safety
certificate.
HARYANA GOVT. GAZ. (EXTRA.),
APR
.
8
, 20
2
2
(
CHTR
.
18
, 19
4
4
SAKA)
78
Appointment
and functions
of Fire
Safety
Officer by
owner or
occupier.
22.
(1)
To ensure effective fire prevention and life safety measures in all buildings as per
provisions of Part
-
IV of the National Building Code of India, 1983 as revised from time to time,
every owner or occupier, i
ndividually or jointly, as the case may be, shall appoint a Fire Safety
Officer, having such qualifications, as may be prescribed.
(2)
In case of a vacancy of the Fire Safety Officer appointed under sub
-
section (1), either
on resignation or otherwise, the
owner or occupier individually or jointly, as the case may be, shall
appoint the Fire Safety Officer immediately.
(3)
In case of the non
-
appointment of the Fire Safety Officer under sub
-
section (1) and
(2), the Fire Officer may take such steps as he dee
ms necessary as per the provisions of this Act.
(4)
The Fire Safety Officer shall have to undergo training at the Fire and Emergency
Services Training Institute established by the Government:
Provided that a person who has already undergone such traini
ng at the National Fire
Service College, Nagpur run by the Ministry of Home Affairs or at any other equivalent institution
recognized by the Government, shall not be required to take such training.
Power of
inspection.
23.
(1)
The
Fire Officer authorized
by the Director in this behalf
may, after giving three
hours notice to the occupier, or if there is no occupier, to the owner of any place or building or part
thereof, 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 Fire Officer authorized by the Director in this behalf, may enter
into and inspect any place or
building or part thereof at any time if it appears to be expedient
and necessary to do so in order to ensure safety of life and property.
(2)
The
Fire Officer
shall be provided with all possible assistance by the owner 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
to the entry into or upon any place or building or part thereof of a
Fire Officer and shall not
manhandle with the Fire Officer during such inspection.
(4)
On entry to any such place or building or part thereof used as a human dwelling, due
regard shall be paid by the Fire Officer to the social and religious sentiments of
the occupiers:
Provided that if any place, building or part thereof in the actual occupancy of any
woman, who, according to the custom does not appear in public, then a notice is required to be
given to such woman with liberty to withdraw herself from s
uch place and every reasonable facility
is required to be afforded to her for such purpose.
(5)
After carrying out the inspection under this section, the Fire Officer shall give a
report of such inspection to the
Director or any other officer authorized b
y him in this behalf
.
(6)
The Director or any other officer authorized by him in this behalf
shall, after
receipt of the report, record his views on the deviations from or the contraventions of the
requirements with regard to the fire prevention and life
safety measures or the inadequacy or non
-
compliance of such measures provided or to be provided therein with reference to the height of the
building or the nature of activities carried on in such place or building or part thereof and shall issue
a notice
to the owner or occupier of such place, building or part thereof directing him to undertake
such measures within such time as may be specified in the notice.
(7)
The Director or any other officer authorized by him in this behalf
in the event of
non
-
compli
ance of notice issued shall take such steps as he deems fit under the provisions of this
Act.
Provisions
regarding
certain
buildings.
24.
(1)
The Fire Officer or any other officer authorized by the Director in this behalf
may
enter and inspect any buildin
g, the construction of which was completed on or before the
commencement of this Act or any building which was under construction on such date in which
such inspection appears to be necessary for ascertaining the adequacy of fire prevention and life
safety
measures.
HARYANA GOVT. GAZ. (EXTRA.),
APR
.
8
, 20
2
2
(
CHTR
.
18
, 19
4
4
SAKA)
79
(2)
The Fire Officer or any other officer authorised by the Director
shall after
inspection of the building under sub
-
section (1) and after taking into consideration
-
(i)
the provision under which the plan of said building was sanctioned;
(ii
)
the conditions imposed, if any, by the local authority at the time of sanction
of the plan of said building; and
(iii)
the minimum standards for fire prevention and fire safety measures
specified for such building as per provisions of Part
-
IV of the Nati
onal
Building Code, 1983 as revised from time to time,
shall submit a report of inspection made by him to the Director or any other officer authorized by
him in this behalf.
25.
Whoever contravenes the provisions of sub
-
section (1) of section 12, without
prejudice to
any other action taken against him under this Act shall be punishable with imprisonment for a
term which may extend to three months or with fine which may extend to fifty thousand rupees,
or with both.
Penalties for
violation of
section 12.
26.
(1)
If any owner or occupier of a building fails to appoint Fire Safety Officer under
section 22 within thirty days of the receipt of a notice given in this behalf by the Director or the
Fire Officer, as the case may be, shall be deemed to be in defaul
t jointly and severally and shall
be liable to pay such sum not less than ten rupees per square meter and not exceeding fifty rupees
per square meter of the area owned or occupied including the common areas in the building as
determined by the Director or
any officer authorized by him for each month of default or part
thereof.
(2)
The amount due as penalty under sub
-
section (1) shall be recovered as an arrear
of land revenue.
Penalty in case of
non
-
appointment
of Fire Safety
Officer.
27.
(
1)
Any person w
hose building catches fire on account of an action of his own or of
his agent, deliberately or negligently, shall be liable to pay compensation to any other person
suffering any damage from such fire.
(2)
All claims under sub
-
section (1) shall be referred
to the Director within thirty days
from the date when the damage was caused.
(3)
The Director shall, after giving an opportunity of being heard to the concerned
persons, may determine the amount of compensation and pass an order in this regard while fixi
ng
the liability of the persons for paying such compensation. The order passed under this sub
-
section
shall have the force of decree of a civil court and shall be implemented within thirty days from
the date of receipt of the order.
Liability of owner
to p
ay
compensation.
28.
Any person who wilfully obstructs or interferes with any member of the Fire and
Emergency Services, who is engaged in fire fighting operations, shall be punishable with
imprisonment for a term which may extend to three months, or wit
h fine which may extend to ten
thousand rupees, or with both.
Penalty for
wilfully
obstructing fire
fighting, rescue
operations.
29.
Any person who knowingly gives or causes to be given a false report of the outbreak of a
fire to any person authorized to
receive such report by means of a statement, message or
otherwise, shall be punishable with imprisonment which may extend to three months or with fine
which may extend to ten thousand rupees, or with both.
False report.
30.
Whoever contravenes any provi
sions of this Act or any rule or notification made
thereunder except as provided specifically in this Act, shall without prejudice to any other action
taken against him under this Act and the rules made thereunder, be punishable with imprisonment
for a ter
m which may extend to three months or with fine which may extend to ten thousand
rupees, or with both and where the offence is a continuing one with a further fine which may
extend to one thousand rupees for everyday during which such offence continues.
Ge
neral provision
for punishment.
31.
(1)
Where an offence under this Act has been committed by a Company, every person
who, at the time the offence was committed, was in
-
charge of, and was responsible for the
conduct of the affairs of the Company shall be
punishable with imprisonment which may extend
to three months or with fine which may extend to ten thousand rupees, or with both:
Offence by
companies.
HARYANA GOVT. GAZ. (EXTRA.),
APR
.
8
, 20
2
2
(
CHTR
.
18
, 19
4
4
SAKA)
80
Provided that nothing contained in this sub
-
section shall render any such person liable
to any punis
hment if he proves that the offence was committed without his knowledge or that he
had exercised all due diligence to prevent the commission of such offence.
(2)
Notwithstanding anything contained in sub
-
section (1), where any offence under this
Act has b
een committed by a company and it is proved that the offence has been committed with
the consent or connivance of, or is attributable to any neglect on the part of any director, manager,
secretary or other officer of the company, such director, manager, se
cretary or other officer shall
also be liable for punishment as per sub
-
section (1).
Explanation.
-
(i)
‘company’ means a body corporate and includes a firm or other
association of individuals; and
(ii)
‘director’ means a director or a partner
of the firm.
Compounding
of offences.
32.
(1)
Any offence committed under this Act may either before or after the institution of the
prosecution, be compounded by such officer and for such amount, as the Government may, by
notification, specify in this b
ehalf:
Provided that no offence shall be compounded unless the notices or orders issued
under this Act are complied with.
(2)
Where an offence has been compounded under sub
-
section (1), no further
proceedings shall be taken against the offender in respe
ct of such offence.
Protection of
action taken in
good faith.
33.
No suit, prosecution or other legal proceeding shall lie against any person for anything
which is in good faith done or intended to be done in pursuance of this Act or any rules made
thereu
nder.
Cognizance of
prosecution.
34.
No court shall take cognizance of an offence under this Act, except on the complaint of or
upon information received from the
Director or concerned Fire Officer of the Fire and
Emergency Services.
Jurisdiction.
35.
T
he Court of
Sub
-
Divisional Magistrate shall try an offence punishable under this Act.
Appeal.
36.
(1)
Any person aggrieved by any notice or order of the Director or any other officer
authorised by him in this behalf may prefer an appeal against such not
ice or order to the appellate
authority within a period of sixty days:
Provided that the appellate authority may entertain an appeal after the expiry of the
such period if it is satisfied that there was sufficient cause for not filing it within that per
iod.
(2)
An order passed by the appellate authority in the appeal shall be final.
Establishment
of fire and
emergency
training
institute.
37.
(1)
The Government may establish and maintain one or more training institutes in the
State of Haryana for provid
ing courses of instructions in the prevention and extinguishment of fire
for the fire service personnel and private candidates from industries, high rize buildings and other
Government and Non
-
Government establishments.
(2)
The Government may extend the
training facilities to the local bodies and industrial
undertakings as well as to the fire and emergency service of other States on payment of such fee
and charges, as may be prescribed.
(3)
The Government shall prescribe such procedure as it may deem fi
t for providing a
course of instruction in the prevention and extinguishment of fire.
(4)
Subject to the observance of general rules applicable to other employees of the
Government in relation to training, the employees of the Fire and Emergency Services
may be sent
to 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 provisi
ons of this Act.
Community
awareness and
training
programme.
38.
The Fire Officer shall conduct community awareness and training programmes on
preventive measures on fire and other emergencies. The Fire Officer may render assistance and
consultation to th
e communities in matters related to fire prevention.
HARYANA GOVT. GAZ. (EXTRA.),
APR
.
8
, 20
2
2
(
CHTR
.
18
, 19
4
4
SAKA)
81
39.
(1)
A fire tax shall be levied on buildings on which property tax is levied by any local
authority.
(2)
The fire tax shall be levied at such rate in terms of percentage of property tax as the
Go
vernment may, by notification in the Official Gazette, determine from time to time.
Levy of fire tax.
40.
(1)
The authorities empowered to assess, collect and enforce payment of property tax
under the law authorizing the local authority of the area to lev
y such tax shall, on behalf of the
Government, assess, collect and enforce payment of the fire tax in the same manner, as the
property tax is assessed, paid and collected.
(2)
Such portion of the total amount of the fire tax as the Government may determi
ne,
shall be deducted by the local authority to meet the cost of collection of the fire tax.
(3)
The net amount of the fire tax collected under this Act reduced by the cost of
collection of fire tax shallExcerpt shown. Open the full act in Lexace.