The JAMMU AND KASHMIR FIRE FORCE ACT, 1967

FIRE FORCE ACT, 1967
(Act No. XXII of 1967)
THE JAMMU AND KASHMIR FIRE FORCE ACT, 1967
(Act No. XXII of 1967)
CONTENTS
Section.
1. Short title, extent and commencement.
2. Definitions.
3. Maintenance of fire force.
4. Appointment of Director of Fire Force.
5. Superintendence and control of the Force.
6. Appointment of members of the Force.
7. Issue of Certificates to members of Force.
8. Auxiliary Fire Force.
9. Power of Government to make orders.
10. Powers of members of the Force on occasion of fire.
11. Powers of Director to make arrangements for supply of water.
12. Powers of Director to enter into arrangements for assistance.
13. Preventive measures.
14. Expenditure on the Force.
15. Prohibition against transfer of fire fighting property.
16. Acquisition of fire fighting property.
17. Principles and methods of determining compensation.
18. Appeals from awards in respect of compensation.
19. Powers of arbitrator.
132 FIRE FORCE ACT, 1967
Section.
20. Penalty for violation of duty, etc.
21. Failure to give information.
22. Failure to take precaution.
23. Wilfully obstructing the fire fighting operations.
24. False report.
25. Training Centres.
26. Bar to other employment.
27. Transfer to other areas.
28. Employment on other duties.
29. Inquiry into origin of fire and report to District Magistrate.
30. Power to obtain information.
31. Power of entry.
32. Consumption of water.
33. No compensation for interruption of water supply.
34. Police officers to aid.
35. Information regarding out break of fire.
36. Indemnity.
37. Power to make rules.
–––––––
FIRE FORCE ACT, 1967 133
THE JAMMU AND KASHMIR FIRE FORCE ACT, 1967
(Act No. XXII of 1967)
[Received the assent of the Governor on 15th October, 1967 and pub-
lished in Government Gazette dated 17th October, 1967].
An Act to provide for the maintenance of a Fire Force for the State.
Be it enacted by the Jammu and Kashmir State Legislature in the Eigh-
teenth Year of the Republic of India as follows: —
CHAPTER 1
PRELIMINARY
1. Short title, extent and commencement. —(1) This Act may be called
the Jammu and Kashmir Fire Force Act, 1967.
(2)It extends to the 
1
[Union territory of Jammu and Kashmir].
2
[x x x x].
2. Definitions.—In this Act, unless the context otherwise requires,––
(a) “Director” means the Director of the Fire Force appointed under
section 4 ;
(b) “fire-fighting property” includes––
(i) lands and buildings used as fire-stations,
(ii) fire engines, equipments, tools, implements and things what-
soever used for fire-fighting,
(iii) motor vehicles and other means of transport used in connec-
tion with fire fighting, and
(iv) uniforms and badges of rank ;
(c) “fire station” means any post or place declared, generally or spe-
cially, by the Government to be a Fire- Station;
1. Substituted by S.O. 1229 (E) dated 31.03.2020 for “whole State”.
134 FIRE FORCE ACT, 1967
(d) “force” means the Jammu and Kashmir State Fire Force maintained
under this Act ;
1
[(dd)“Government” means the Government of the Union territory of
Jammu and Kashmir ;]
(e) “officer-in-charge of a fire station” includes when the officer-in-
charge of the fire-station is absent from the station or unable from
illness or other cause to perform his duties, the fire officer present
at the station who is next in rank to such officer ;
(f) “prescribed” means prescribed by rules made under this Act.
CHAPTER II
3. Maintenance of fire force.—There shall be maintained by the Govern-
ment a fire force to be called the Jammu and Kashmir State Fire Force for
services in the local areas in which this Act is in force.
4. Appointment of Director of Fire Force.—The Government may appoint
a person to be the Director of the Fire Force.
5. Superintendence and control of the Force.—(1) The superintendence
and control of the force shall vest in the Director and shall be carried on by him
in accordance with the provisions of this Act and of any rules made thereunder.
(2)The Government may appoint such officers as it may deem fit to assist
the Director in the discharge of his duties.
6. Appointment of members of the Force.—The Director or such other
officer of the force as the Government may authorise in this behalf shall appoint
members of the force in accordance with the rules made under this Act.
7. Issue of certificates to members of Force.—(1) Every person shall, on
appointment of the force, receive a certificate in the prescribed form under the
seal of the Director or an officer authorised in this behalf by the Governmentl;
and thereupon such person shall have the powers, functions and privileges of
a member of the force, under this Act.
(2)The certificate referred to in sub-section (1) shall cease to have effect
when a person named therein  ceases for any person to be a member of the
1. Clause (dd) inserted by S.O. 1229 (E) dated 31.03.2020.
FIRE FORCE ACT, 1967 135
force ; and on his ceasing to be such member, he shall forthwith surrender the
certificate to any officer empowered to receive the same.
(3)During any term of suspension, the powers, functions and privileges
vested in any member of the force shall be in abeyance, but such member shall
continue to be subject to the same discipline and penalties as he would have
been if he had not been suspended.
8. Auxiliary Fire Force.––Whenever it appears to the Government that it
is necessary to augment the force, it may raise an auxiliary force by enrolment
of volunteers for such areas and on such terms and conditions as it may deem
fit.
CHAPTER III
POWERS OF THE GOVERNMENT, THE DIRECTOR AND MEMBERS OF
THE FORCE
9. Power of Government to make orders.––The Government may from
time to time make such general or special orders as it thinks fit––
(a) for providing the force with such appliance and equipments as it
deems proper ;
(b) for providing adequate supply of water and for securing that it
shall be available for use ;
(c) for constructing or providing stations or hiring places for accommo-
dating the members of the force and its fire fighting appliances ;
(d) for giving rewards to persons who have given timely notice of fires
and to those who have rendered effective service to the force on
the occasion of fires ;
(e) for the training, discipline and good conduct of the members of the
force ;
(f) for the speedy attendance of members of the force with necessary
appliances and equipment on the occasion of any alarm of fire ;
(g) for sending members of the force with appliances and equipment
beyond the limits of any area in which this Act is in force for pur-
poses of fire-fighting in the neighbourhood of such limits ;
136 FIRE FORCE ACT, 1967
(h) for the employment of the members of the force in any rescue,
salvage or other similar work ;
(i) for regulating and controlling the powers, duties and functions of
the Director ; and
(j) generally for the maintenance of the force in a due state of efficiency.
10. Powers of members of the force on occasion of fire.–– On the occasion
of fire in any area in which this Act is in force, any member of the force not below
the rank of Divisional Fire Officer who is incharge of fire-fighting operations on
the spot may––
(a) remove, or order any other member of the force to remove, any
person who by his presence interferes with or impedes the opera-
tion for extinguishing the fire or for saving life or property ;
(b) close any street or passage in or near which a fire is burning ;
(c) for the purpose of extinguishing fire, break into or through or pull
down, any premises for the passage of house or appliances or cause
them to be broken into or through or pulled down, doing as little
damage as possible ;
(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 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 ;
(e) exercise the same powers for dispersing an assembly of persons
likely to obstruct the fire-fighting operations as if he were an of-
ficer-in-charge of a police station and as if such an assembly were
an unlawful assembly and shall be entitled to the same immunities
and protection as such an officer, in respect of the exercise of such
powers ;
(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.
FIRE FORCE ACT, 1967 137
11. Powers of Director to make arrangements for supply of water.— The
Director may, with the previous sanction of the Government, enter into an
agreement with the authority in charge of water supply in any area for securing
an adequate supply of water in case of fire, on such terms as to payment or
otherwise as may be specified in the agreement.
12. Powers of Director to enter into arrangements for assistance.— The
Director may, with the previous sanction of the Government, enter into arrange-
ments with any person who employs and maintains personnel or equipment or
both for fire-fighting purposes, to secure, on such terms as to payment or other-
wise as may be provided by or under the arrangements, the provisions by that
person or assistance for the purpose of dealing with fire occurring in any area in
which this Act is in force.
13. Preventive measures. —(1) The Government may, by notification in
the 
1
[Official Gazette], require owners or occupiers of premises in any area or of
any class of premises used for purposes which in its opinion are likely to cause
a risk of fire, to take such precautions as may be specified in such notification.
(2) Where a notification has been issued under subsection (1), it shall be
lawful for the Director or any officer or class of officers of the force authorised
by the Government in this behalf to direct the removal of objects or goods
likely to cause a risk of fire, to a place of safety; and on failure of the owner or
occupier to do so, the Director or such officer may, after giving the owner or
occupier a reasonable opportunity of making representation, seize, detain or
remove such objects or goods.
CHAPTER IV
EXPENDITURE ON MAINTENANCE OF FORCE
14. Expenditure on the Force.–– The entire expenditure in connection
with the force shall be met out of the 
2
[Consolidated Fund of the Union territory
of Jammu and Kashmir] :
Provided that the Government may recover from any local authority of
any area in which this Act is in force such contribution towards the cost of the
portion of the Force maintained in the area as the Government may direct from
time to time.
1. Substituted by S.O. 1229 (E) dated 31.03.2020 for “Government Gazette”.
2. Substituted ibid for “Consolidated Fund of the State”.
138 FIRE FORCE ACT, 1967
CHAPTER V
ACQUISITION OF THE FIRE-FIGHTING PROPERTY
15. Prohibition against transfer of fire-fighting property.–– No local
authority of any area in which this Act is in force shall, after the commence-
ment of this Act in that area, transfer or otherwise part with any fire-fighting
property without the previous sanction of the Government.
16. Acquisition of fire-fighting property. ––(1) If after making such inquiry
and investigation as it deems necessary and after giving the local authority an
opportunity to make its representations, the Government is of opinion that the
standard of efficiency of the fire-fighting personnel and equipment maintained
by the local authority is not adequate to meet the normal requirements of the
area, the Government may acquire the fire-fighting property of the local authority
by publishing in the 
1
[Official Gazette] a notice to the effect that the Government
has decided to acquire such property on payment of its market value ; a copy of
such notice shall also be served on the local authority.
(2) When a notice as aforesaid is published in the 
1
[Official Gazette], the
property specified in such notice shall, on and from the beginning of the date
on which the notice is so published, vest absolutely in the Government free
from all encumbrances.
17. Principles and methods of determining compensation. —(1) The amount
of compensation payable in respect of any fire-fighting property acquired under
this Act shall be the market value of such property on the date of issue of the
notice referred to in section 16, that is, the price which it would have fetched in
the open market if it had been sold on that date.
(2) The amount of compensation shall be determined in the manner and
in accordance with the principles hereinafter set out, that is to say,––
(a) where the amount of compensation can be fixed by agreement, it
shall be paid in accordance with such agreement ;
(b) where no such agreement can be reached, the Government shall
appoint as arbitrator a person who is, or has been, or is qualified
for appointment as, a Judge of the High Court ;
1. Substituted by S.O. 1229 (E) dated 31.03.2020 for “Government Gazette”.
FIRE FORCE ACT, 1967 139
(c) the Government may in any particular case nominate a person hav-
ing expert knowledge as to the nature of the property acquired to
assist the arbitrator and where such nomination is made, the local
authority concerned may also nominate an assessor for the same
purpose ;
(d) at the commencement of the proceedings before the arbitrator,
the Government and the local authority shall State what in their
respective opinion is a fair amount of compensation ;
(e) the arbitrator shall, after hearing the dispute make an award deter-
mining the amount of compensation which appears to him to be just;
and in making the award he shall have regard to the circumstances of
each case and the provisions of this section ;
(f) noting in 
1
[the Arbitration and Conciliation Act, 1996 (26 of 1996)],
shall apply to arbitrations under this section.
18. Appeals from awards in respect of compensation.–– Where the
Government or a local authority is aggrieved by an award of the arbitrator
under section 17, it may within thirty days from the date of such award prefer
an appeal to the High Court.
19. Powers of arbitrator.–– The arbitrator appointed under section 17,
while holding arbitration proceedings under this Act, shall have all the powers
of a Civil Court, while trying a suit under 
2
[the Code of Civil Procedure, 1908 (5
of 1908)], in respect of the following matters, namely: ––
(a) summoning and enforcing the attendance of any person and exam-
ining him on oath ;
(b) requiring the discovery and production of documents ;
(c) receiving evidence on affidavits ; and
(d) issuing commissions for examination of witnesses.
1. Substituted by S.O. 1229 (E) dated 31.03.2020 for “the Jammu and Kashmir Arbitration Act,
Samvat 2002”.
2. Substituted ibid for “the Code of Civil Procedure, Samvat 1977”.
140 FIRE FORCE ACT, 1967
CHAPTER VI
PENAL TIES
20. Penalty for violation of duty, etc.— Any member of the force who––
(a) is found to be guilty of any violation of duty or wilful breach of any
provision of this Act or any rule or order made thereunder, or
(b) is found to be guilty of cowardice, or
(c) withdraws from the duties of his office without permission or with-
out having given previous notice of at least two month, or
(d) being absent on leave fails without reasonable cause to report
himself for duty on the expiration of such leave, or
(e) accepts any other employment or office in contravention of the
provisions of section 26,
shall be punishable with imprisonment which may extend to three months, or
with fine which may extend to an amount not exceeding three month’s pay of
such member or with both.
21. Failure to give information.–– Any person who without just cause
fails to communicate information in his possession regarding an outbreak of
fire shall be deemed to have committed an offence punishable under the first
part of section 176 of 
1
[Indian Penal Code (45 of 1860)].
22. Failure to take precaution.–– Whoever fails without reasonable
cause to comply with any of the requirements specified in notification issued
under sub-section (1) of section 13 or of a direction issued under sub-section
(2) of that section shall be punishable with fine which may extend to five
hundred rupees.
23. Wilfully obstructing fire-fighting operation.—Any person who wil-
fully obstructs or interferes with any member of the force who is engaged in
fire-fighting operations shall be punishable with imprisonment which may ex-
tend to three months, or with fine which may extend to five hundred rupees, or
with both.
1. Substituted by S.O. 1229 (E) dated 31.03.2020 for “the Jammu and Kashmir State Ranbir
Penal Code, Samvat 1989”.
FIRE FORCE ACT, 1967 141
24. False report.–– Any person who knowingly gives or causes to be
given a false report of the outbreak of a fire to any person authorised to
receive such report by means of a statement, message or otherwise shall be
punishable with imprisonment for three months, or with fine not exceeding
five hundred rupees, or with both.
CHAPTER VII
GENERAL AND MICELLANEOUS
25. Training Centers.–– The Government may establish and maintain
one or more training centers in the State for providing course of instructions in
the prevention and extinguishment of fire and may close down or re-establish
any such centres.
26. Bar to other employment.–– No member of the force shall engage in
any employment or office whatsoever other than his duties under this Act
unless expressly permitted to do so by the Director.
27. Transfer to other areas.–– The Director, or any officer authorised by
the Government in this behalf, may on the occasion of a fire or other emer-
gency in any neighbouring area in which this Act is not in force, order the
despatch of the member of the force with necessary appliances and equip-
ments to carry on fire-fighting operations in such neighbouring area and there-
upon all the provision of this Act and the rules made thereunder shall apply to
such area, during the period of fire or emergency or during such period as the
Director may specify.
28. Employment on other duties.–– It shall be lawful for the Government
or any officer authorised by it in this behalf to employ the force in any rescue,
salvage or other works for which it is suitable by reason of its training, appli-
ances and equipment.
29. Inquiry into origin of fire and report to 1[District Magistrate].––
Where any fire has occurred within any area in which this Act is in force, the
Senior most Officer in rank among the members of the force in that area shall
ascertain the facts as to the origin and cause of such fire and shall make a
report thereon to the 1[District Magistrate] having jurisdiction in the place in
which such fire occurs; and the said 1[District Magistrate] shall, in any case
where he may, deem fit summon witnesses and take evidence in order to further
ascertain such facts.
1. Substituted by Act XX of 1968 for “Magistrate”.
142 FIRE FORCE ACT, 1967
30. Power to obtain information.–– Any officer of the force not below
the rank of officer in charge of a fire-station may, for the purpose of discharg-
ing his duties under this Act, require the owner or occupier of any building or
other property to supply information with respect to the character of such
building or other property, the available water supplies and the means of
access thereto and other material particulars, and such owner or occupier
shall furnish all the information in his possession.
31. Power of entry. ––(1) The Director or any member of the force
authorised by him in this behalf may enter any of the places specified in any
notification issued under section 13 for the purpose of determining whether
precautions against fire required to be taken on such place have been so taken.
(2) Save as otherwise expressly provided in this Act, no claim shall lie
against any person for compensation for any damage necessarily caused by
any entry made under sub-section (1).
32. Consumption of water.–– No charge shall be made by any local au-
thority for water consumed in fire-fighting operations by the force.
33. No compensation for interruption of water supply.–– No authority in
charge of water supply in any area shall be liable to any claim for compensa-
tion for damage by reason of any interruption of supply of water occasioned
only by compliance of such authority with the requirement specified in clause
(d) of section 10.
34. Police Officers to aid.–– It shall be the duty of Police Officers and
Home Guards Organisation of all ranks to aid the members of the force in the
execution of their duties under this Act.
35. Information of outbreak of fire.–– Any person who possesses any
information regarding an outbreak of fire shall communicate the same without
delay to the nearest fire station.
36. Indemnity.–– No suit, prosecution or other legal proceedings 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 rule or order made thereudner.
37. Power to make rules. ––(1) The Government may, by notification in
the Government Gazette, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing
power, such rules may provide for––
FIRE FORCE ACT, 1967 143
(a) the number and grades of officers and members of the force ;
(b) the manner of appointment of members of the force ;
(c) the form of the certificate to be issued to the members of the force ;
(d) the condition of service of the members of force including their
ranks, pay and allowances, hours of duty and leave, maintenance
of discipline and removal from service ;
(e) the circumstances in which and the conditions subject to which
members of the force may be despatched to carry on the fire-fight-
ing operations in neighbouring areas ;
(f) the conditions subject to which members of the force may be em-
ployed on rescue, salvage or other work ;
(g) the manner of service of notice under this Act ;
(h) the procedure to be followed in arbitration proceedings under sec-
tion 17 ;
(i) the payment of rewards to persons, not being members of the force,
who render service for fire-fighting purposes ;
(j) the compensation payable to members of the force in case of acci-
dents or to their dependants in case of death while engaged on
duty ;
(k) for the employment of members of the force or use of any equip-
ment outside the area or on special services and the fee payable
therefor ; and
(l) any other matter which is to be or may be prescribed.
–––––––
144 FIRE FORCE ACT, 1967

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