LexThe Maharashtra Fire Prevention and Life Safety Measures Act, 2006
Maharashtra · state statute
Open in Lexace · Ask the AI about this act2007 : Mah. III] 1
THE MAHARASHTRA FIRE PREVENTION AND LIFE
SAFETY MEASURES ACT, 2006
[Text as on 7th July 2025]
________________
CONTENTS
PREAMBLE.
SECTIONS.
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
PROVISIONS RELATING TO FIRE PREVENTION
AND LIFE SAFETY MEASURES
3. Owners or occupiers’ liability to provide for fire prevention and life safety measures.
4. Preventive measures.
5. Power of inspection.
6. Notice regarding fire prevention and life safety measures.
7. Steps to be taken in the event of non-compliance of notice.
8. Power to seal building.
CHAPTER III
LICENSED AGENCY
9. Power to grant license to act as Licensed Agency.
10. Licensed Agency to carry out work of providing fire prevention and life safety measures.
CHAPTER IV
PROVISIONS RELATING TO LEVY, COLLECTION AND
RECOVERY OF FIRE SERVICE FEES
11. Imposition of fees; and enhancement or reduction thereof.
12. Authority to follow preliminary procedure before enhancing or reducing enhanced fee.
13. Imposition of annual fee and enhancement and reduction thereof.
14. Assessment and collection of fees.
15. Exemption.
16. Power of State Government to require Authority to enhance or reduce enhanced fee.
17. Assessment of fee not invalid for defect or error.
CHAPTER V
DIRECTOR OF FIRE AND EMERGENCY SERVICES
18. Appointment of Director, other officers and staff to assist Director.
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19. Powers and duties or functions of Director.
20. Power of Director to enforce performance of duties.
CHAPTER VI
PROVISIONS REGARDING FIRE OFFICERS AND FIRE PERSONNEL
21. Classification of Authorities and creation of posts in Fire and Emergency Services.
22. Constitution of Maharashtra Fire Services and provisions relating thereto.
23. Appointment of other staff and servant.
24. Continuation of existing Fire Officer and staff.
CHAPTER VII
CONSTITUTION OF SPECIAL FUND
25. Constitution of special fund.
CHAPTER VIII
SUPPLEMENTAL AND MISCELLANEOUS
26. Requisitioning of Fire Fighting property.
27. Powers of Director or Fire Officer on occasion or any emergency situation.
28. Power of the officer-in-charge of fire fighting arrangements for supply of water.
29. Powers of Director or Chief Fire Officer or Fire Offic er to enter into agreements for
assistance.
30. Training Centres.
31. Levy of training fee.
32. Appeals.
33. Procedure for filing appeal.
34. Interest on amount of enhanced assessment or refund.
35. Bar of jurisdiction of courts.
36. Offences and penalties.
37. Cognizable and non-bailable offences.
38. Offences by companies.
39. Compounding or withdrawal of proceedings.
40. Cognizance of offence.
41. Jurisdiction.
42. Protection of action taken in good faith.
43. Officers, etc., to be public servants.
44. Act to have overriding effect, but shall be in addition to existing laws.
45. Appointment of Fire Officer or Fire Supervisor in certain buildings.
45A. Fire and Life Safety Audit of certain buildings.
46. Effect of other laws.
47. Power to delegate.
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48. Power to call for report, return or information.
48A. Power to amend Schedule-I.
CHAPTER IX
RULES
49. Power to make rules.
50. Power to remove difficulty.
SCHEDULE - I
Minimum Requirements for Fire Fighting Installations.
SCHEDULE - II
Fire and Emergency Service Fee Structure.
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LIST OF AMENDMENT ACTS
1. Amended by Mah. 12 of 2015 (06-04-2015)
2. Amended by Mah. 24 of 2023 (30-05-2023)1
1 30th May 2023, vide G. N. UDD, No. FPS -2022/C. R. 36/UD -14, dated the 30 th May 2023, MGG, Extra., Part IV B,
page 1.
Note .- The date mentioned in the bracket indicates the date of commencement of the Act.
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MAHARASHTRA ACT No. III OF 20071
[THE MAHARASHTRA FIRE PREVENTION AND LIFE SAFETY
MEASURES ACT, 2006.]
[This Act received the assent of the President on the 27th January 2007; assent was first published
in the Maharashtra Government Gazette, on the 5th February 2007.]
An Act to make more effective provisions for the fire prevention and life safety
measures in various types of buildings in different areas in the State of Maharashtra.
WHEREAS it is expedient to make more effective provisions for the fire prevention and life
safety measures in various types of buildings in different areas in the State of Maharashtra, for
imposition of fee, constitution of a special fund and for the purposes connected therewith, or incidental
thereto; It is hereby enacted in the Fifty-seventh Year of the Republic of India as follows :—
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement. — (1) This Act may be called the Maha rashtra Fire
Prevention and Life Safety Measures Act, 2006.
(2) It extends to the whole of the State of Maharashtra.
(3) It shall come into force—
(a) in the areas of the local authorities and the planning authorities, on such 2date as the
State Government may, by notification in the Official Gazette, appoint;
(b) in other areas or part of the areas, on such date as the State Government may, by the
same or like notification appoint; and different dates may be appointed for diffe rent provisions
thereof and for different areas or part of the areas; and
(c) any reference in the Act to the commencement of this Act shall, in relation to a provision
or an area, be construed as a reference to the coming into force of this Act or any pr ovision
thereof in that area.
2. Definitions.— In this Act, unless the context otherwise requires,—
(1) the expression “building” shall have the same meaning assigned to it in the relevant
municipal 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, whether
authorized or otherwise, outhouses, if any, appertaining to such building or part thereof and
petrol, diesel or gas lines, installations or pumps.
3[Explanation.— For the purposes of this Act , the expression “building” shall also include
the temporary structure such as tents, shamiyanas and the tarpaulin shelters erected for temporary
and ceremonial occasions;]
(2) “building bye -laws” means the building bye -laws, rules or regulations made under any
relevant municipal law and includes the development control rules 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;
(3) “Chief Fire Officer” means the Chief Fire Officer or any other fire officer by whatever
designation called, in -charge of the fire -brigade mainta ined by a local authority or a planning
authority;
1 For Statement of Objects and Reasons, see “Maharashtra Government Gazette ”, Extraordinary, Part-VA, dated the 1 9th
July 2006, at pages 440-443.
2 6th December 2008, vide Government Notification, Urban Development Department, No. FFS. 1408/1491/CR –
221/08/UD-20, dated the 6 th December 2008, Pub. in “ Maharashtra Government Gazette ”, Extraordinary, Part IV B,
page 1366.
3 This Explanation was substituted by Mah. 24 of 2023, s. 2(1).
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(4) “Director” means the person appointed by the State Government to be the Director,
Maharashtra 1[Fire and Emergency Services], Group-A, under section 18;
2[(4A) “Fire and Emergency Services” means serv ices required to be rendered by any local
authority or planning authority or any other such authority notified by the State Government, in
case of manmade or natural disaster or any eventuality, where the life or property is at risk;]
(5) the expression “fire prevention and life safety measures” 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 3[National Building Code of India], for the time being in force, for the prevention,
control and fighting of fire and for ensuring the safety of life and property in case of fire;
4[(6) “Licensed Agency” means a person or an association of persons licensed by the
Director for undertaking or executing fire prevention and life safety measures or performing such
other related activities required to be carried out under this Act;]
(7) “local authority” means a Municipal Corporation or a Municipal Council or a Nagar
Panchayat or an Industrial Township constituted unde r any relevant municipal law for the time
being in force in the State;
(8) 5[“National Building Code of India” ] means the book containing Fire Prevention and
Life Safety Measures to be implemented in the buildings, places, premises, workshops,
warehouses and industries, published by the Bureau of Indian Standards, from time to time, with
or without amendments;
(9) “nominated officer” means an officer possessing the prescribed qualifications and
nominated by the Director or the Chief Fire Officer 6[or by a local authority or a planning
authority] for the purposes of this Act:
Provided that, for the areas not covered by any Municipal Corporation or Municipal
Council, the Director shall nominate an officer to be “a nominated officer”, and different such
officers, may be nominated for different areas;
(10) “Occupier” includes—
(a) any person who for the time being is paying or is liable to pay to the owner the rent
or any portion of the rent for the land or building or any part thereof in respect of which
such rent is paid or is payable;
(b) an owner in occupation of or otherwise using land or building or part thereof;
(c) a rent—free tenant of any land or building or part thereof;
(d) a licensee in occupation of any land or building or part thereof;
(e) a member of a co-operative housing society or an apartment owner; and
(f) any person who, or an association, corporation (whether incorporated or not) or an
organisation which is liable to pay to the owner damages for the use and occupation of any
land or building or part thereof;
(11) “owner” includes a person who for the ti me being is receiving or is entitled to receive,
the rent of any land or building or part thereof whether on his account or on account of himself
and others or as an agent, a registered co -operative housing society, trustee, guardian or receiver
or any oth er person who should so receive the rent or be entitled to receive it if the land or
building or part thereof were let to a tenant, or a builder, developer or promoter who constructs
flats or apartment for sale under the provisions of the Maharashtra Owner ship Flats (Regulation
1 These words were substituted for the words “Fire Services” by Mah. 24 of 2023, s. 2(2).
2 Clause (4A) was inserted by Mah. 24 of 2023, s. 2(3).
3 These words were substituted for the words “National Building Code of India, 2005” by Mah. 24 of 2023, s. 2(4).
4 Clause (6) was substituted by Mah. 24 of 2023, s. 2(5).
5 These words were substituted for the words “National Building Code of India, 2005” by Mah. 24 of 2023, s. 2(6).
6 These words were substituted for the words “and includes an officer nominated by a local authority or a planning
authority” by Mah. 24 of 2023, s. 2(7).
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of the promotion of construction, sale, management and transfer) Act, 1963 (Mah. XLV of 1963)
or as the case may of be, the Maharashtra Apartment Ownership Act, 1970 (Mah. XV of 1971).
(12) “planning authority” includes,—
(a) the N agpur Improvement Trust constituted under the Nagpur Improvement Trust
Act, 1936 (C. P. and Berar XXXVI of 1936);
(b) a Special Planning Authority constituted or appointed or deemed to have been
appointed under section 40 or the New Town Development Autho rity constituted or
declared under the provisions of section 113 of the Maharashtra Regional and Town
Planning Act, 1966 (Mah. XXXVII of 1966);
(c) in respect of the slum rehabilitation area declared under section 3C of the
Maharashtra Slum Areas (Improve ment, Clearance and Redevelopment) Act, 1971 (Mah.
XXVIII of 1971), the Slum Rehabilitation Authority appointed under section 3A of the said
Act;
(13) “prescribed” means prescribed by rules;
1[(14) “relevant municipal law” means,—
(a) the Mumbai Municipal Corporation Act (III of 1888);
(b) the Maharashtra Municipal Corporations Act (LIX of 1949);
(c) the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships
Act, 1965 (Mah. XL of 1965);]
(15) “rules” means rules made under this Act;
(16) “Schedule” means Schedule appended to this Act.
CHAPTER II
PROVISIONS RELATING TO FIRE PREVENTION AND
LIFE SAFETY MEASURES
3. Owners or occupiers’ liability to provide for fire preve ntion and life safety measures. —
(1) 2[Without prejudice to the provisions of any law for the time being in force or the rules, regulations
or bye-laws made thereunder or the National Building Code of India, relating to fire prevention and life
safety measures, the owner, o r where the owner is not traceable, the occupi er of any building as
classified in Schedule-I or part of any such building, shall obtain necessary Provisional Fire Safety
Approval or Final Fire Safety Approval or Renewal of Fire Safety Approval, as the case may be, from
the Chief Fire Officer of the co ncerned local authority or planning authority; and where there is no
Chief Fire Officer in such area or in the area outside the limits of the local authority or planning
authority, from the Director. The owner or occupier shall provide fire prevention and life safety
measures as recommended in the respective Fire Safety Approval, which shall not be less than the
minimum requirements of fire safety installations prescribed in Part 4 of the National Building Code of
India or any relevant Part thereof and as specified against such building in Schedule-I as applicable
from time to time and shall maintain the fire prevention and life safety measures in good repair and
efficient condition at all time s, in accordance with the provisions of this Act and the rules m ade
thereunder:]
Provided that, in the case of such building or part thereof the construction of which has been
completed immediately before the date of commencement of this Act, the occupier , and subject to the
provisions of sub -section (2), in the case of such building or part thereof which is under construction
on such date, the owner, shall undertake and carry out such additional fire prevention and life safety
measures, as are specified in the notice served on him under section 6.
1 Clause (14) was substituted by Mah. 24 of 2023, s. 2(8).
2 This portion was substituted for the portion beginning with the words “without prejudice to the provisions” and ending
with the words “Provisions of this Act or the rules” by Mah. 24 of 2003, s. 3(1)(a).
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1[Explanation.— For the purposes of this sub-section,—
(a) “Provincial Fire Safety Approval” means the recommendation given by the Director or
Chief Fire Officer of the concerned local authority or planning authority as per the fire prevention
and life safety measures as provided by or under this Act and the rules made thereunder at the
time of building plan approval and before the construction thereof;
(b) “Final Fire Safety Approval” means the certificate issued by the Director of Chief Fire
Officer of the concerned loc al authority or planning authority after ascertaining that the fire
prevention and life safety measures are in accordance with Professional Fire Safety Approval
before granting building completion certificate by the appropriate authority;
(c) “Renewal of F ire Safety Approval” means the renewal of a certificate issued by the
Director or Chief Fire Officer of the concerned local authority or planning authority:
Provided that, renewal certificate shall be issued by the said authority, if required or mandatory as
per the relevant Acts, Rules, etc.]
2[(1A) Notwithstanding anything contained in sub-section (1) or any other provision of this Act or
any other provision of this Act or any other law for the time being in force, building above 30 meters in
height but not exceeding 45 meters in height may be permitted, in case of occupancies specified as
(C-1) in Schedule-I, that is to say, Hospitals, Sanatoria and Nursing Homes, if such building fulfills the
minimum requirement of fire fighting installations specified in Schedule-I.]
3[(1B) Notwithstanding anything contained in sub -section (1) or any other provisions of this Act
or any other law for the time being in force,—
(a) buildings above 30 meters in height but not exceeding 45 meters in hei ght may be
permitted in the areas of Municipal Corporation and Special Planning Authority, in case of
occupancies specified as ( B) in Schedule-I, that is to say Educational Buildings, if such building
fulfills the minimum requirements of fire prevention and life safety measures as recommended in
the respective Fire Safety Approval and which shall not be less than the minimum requirements
for fire fighting installations specified in the Schedule-I;
(b) in areas outside the limits of the Municipal Corporation and Special Planning Authority,
the State Government may permit the authority empowered to sanction the construction plan on
its request, to issue such certificate, in respect of buildings exceeding 30 meters in height in case
of occupancies specified as ( B) in Schedule-I, that is to say Educational Buildings, is such
buildings fulfils the minimum requirements of fire prevention and life safety measures as
recommended in the respective Fire Safety Approval and which shall not be less than the
minimum requirements for fire fighting installations specified in Schedule-I;
(1C) Notwithstanding anything contained in sub-section (1) or any other provisions of this Act or
any other law for the time being in force, building above 15 meters in height but not exceeding 24
meters in height, Multi -Level Car Parking (MLCP) upto 45 meters, Mechanised Automated Car
Parking attached to minimum one side of the bu ilding or stand alone structure upto 100 meters, or any
such other structure used for utility purpose such as storage of Diesel Generators (DG) Sets, may be
permitted, in case of occupancies specified as ( H) in Scheduled-I, that is to say storage buildings , if
such buildings fulfils the minimum requirements of fire prevention and life safety measures as
recommended in the respective Fire Safety Approval and which shall not be less than minimum
requirements of fire fighting installations specified in Schedule-I.]
(2) Notwithstanding anything contained in any law for the time being in force, no authority
empowered to sanction the construction plan of any building or part of a building and to issue
certificate of completion thereof, shall issue any certificate of completion or part completion thereof,
unless it is satisfied that the owner has complied with the requirements specified in Schedule-I or as the
case may be, in the notice so served on him as aforesaid.
1 This Explanation was substituted by Mah. 24 of 2003, s. 3(1)(b).
2 Sub-section (1A) was inserted by Mah. 12 of 2015, s. 2(b).
3 Sub-section (1B) and (1C) was inserted by Mah. 24 of 2003, s. 3(2).
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1[(2A) Notwithstanding anything contained in sub-section ( 2) or in any other law for the time
being in force, the State Government may, upon a request by a planning authority, permit the authority
empowered to sanction the construction plan of any building or part of a building and to issue
certificate, in respect of a building exceeding 45 meters in height in case of occupancies specified as
(C-1) in Schedule-I, that is to say, Hospitals, Sanatoria and Nursing Homes, if such building fulfills the
minimum requirement of fire fighting installations specified in Schedule-I.]
(3) The owner or occupier, as the case may be, shall furnish to the Chief Fire Officer or the
nominated officer, a certificate in the prescribed form issued by a Licensed Agency regarding the
compliance of the fire prevention and li fe safety measures in his such building or part thereof, as
required by or under the provisions of this Act and shall also furnish to the Chief Fire Officer or a
nominated officer, a certificate in the prescribed form, twice a year in the months of January and July
regarding the maintenance of fire prevention and life safety measures in good repair and efficient
condition as specified in sub-section (1).
2[(3A) For the building as specified under section 45, the owner, or where the owner is not
traceable, the occupier of a building, shall ensure that the fire fighting systems as recommended in the
relevant Fire Safety Approval, is provided with automated continuous monitoring system as may be
prescribed for ensuring that the fire fighting systems are in good repair and efficient working condition
and these shall be certified by the Licensed Agency in the prescribed form and the manner and shall
submit the same to the concerned authority in the manner as may be prescribed.]
(4) No person shall tamper with, al ter, remove or cause any injury or damage to any fire
prevention and life safety equipment installed in any such building or part thereof or instigate any other
person to do so.
4. Preventive measures. — (1) The State Government may, by notification in th e Official
Gazette, require owner or occupier of premises in any area or of any class of premises used, which in
its opinion, are likely to cause risk of fire, to take such precautions as may be specified in such
notification.
(2) Where such notification has been issued, it shall be lawful for the Director or Chief Fire
Officer of local authority or planning authority or any fire officer authorized either by the Director or
Chief Fire Officer to direct the removal of objects or goods likely to cause the ri sk of fire, to a place of
safety and on failure by the owner or occupier to do so, the Director or any 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.
(3) The Director or the Chief Fire Officer or any other fire officer while performing his duties in
Fire Fighting operations or any other duties of seizure, detention or removal of any goods involving
risk of fire may require the a ssistance of a police officer or members of the police force as an aid in
performance of such duties and it will be the duty of police officer of all the ranks or such members to
aid the Director or such fire officer in the execution of their duties under this Act.
5. Power of inspection. — (1) The Director or the Chief Fire Officer or the nominated officer
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 ther eof, 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 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 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.
1 Sub-section (2A) was inserted by Mah. 12 of 2015, s. 2(c).
2 Sub-section (3A) was inserted by Mah. 24 of 2023, s. 3(3).
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(2) The Director or the Chief Fire Officer or the nominated 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 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, a partment 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 facilit y shall be afforded to her for
withdrawing.
(5) Where the inspection is carried out by the nominated officer under the preceding provisions of
this section, he shall give a report of any such inspection to the Director and the Chief Fire Officer of
the authority concerned.
6. Notice regarding fire prevention and life safety measures.— The Director or the Chief Fire
Officer or the nominated officer shall, after completion of the inspection of the place or building or part
thereof under section 5, record h is 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 th e
building or the nature of activities carried on in such place or building or part thereof and issue a notice
to the owner or occupier of such building or part thereof directing him to undertake such measures
within such time as may be specified in the notice.
7. Steps to be taken in the event of non -compliance of notice.— (1) Without prejudice to the
prosecution for offence of non -compliance of the notice issued under section 6, the Director 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 the place, building or any part thereof sealed under section 8, as may be
necessary for the compliance of such notice.
(2) All expenses incurred by the Director or the Chief Fire Of ficer 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, without
prejudice to the provi sions of sub-section (3) of section 20, as if it were the arrears of tax on property
and the provisions under the relevant Municipal law or any other law for the time being in force and is
in operation within the area of jurisdiction of the local authority or planning authority 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 so in operation then, as an
arrears of land revenue.
8. Power to seal building. — (1) If the Director or the Chief Fire Officer is satisfied 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 contained in this
Act or any other law for the time being in force, he shall, by order in writing, require the persons in
possession or in occupation of such place or building or part thereof to remove themselves for thwith
from such place or building or part thereof.
(2) If an order made by the Director or the Chief Fire Officer under sub -section ( 1) is not
complied with, the Director or the Chief Fire Officer may direct,—
(a) the authority responsible for supply of electricity or the authority responsible for 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 direction.
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(3) After the removal of the persons under sub -section (1) or sub-section (2), as the case may be,
the Director or the Chief Fire Officer shall cau se 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
Chief Fire Officer suo motu or on an application of the owner or occupier.
CHAPTER III
LICENSED AGENCY
9. Power to grant licence to act as Licensed Agency. — (1) The 1[Director] may grant any
person or association of persons as he thinks fit, a licence to act as a Licensed Agency for the purposes
of this Act.
(2) Any person intending to have or renew such licence shall apply to the Chief Fire Officer in the
prescribed form and in the prescribed manner. Such application shall bear 2[such court-fee stamp as
may be prescribed] and shall be accompanied by the prescribed fee.
(3) On receipt of such application, the Chief Fire Officer may, after holding such inquiry as he
deems fit, either grant the licence in the prescribed form for a period of 3[two year] or renew the same
for a like period or, for reasons to be recorded in writing, by order refuse to grant or renew the licence.
(4) Where the Chief Fire Officer has reason to believe that any person to whom a licence has been
granted has contravened any pr ovisions of this Act or of the rules or failed to comply with the
conditions of the licence or is unfit by reason of incompetency, misconduct or any other grave reasons,
the Chief Fire Officer may, after giving to the person a reasonable opportunity to sho w cause, for
reasons to be recorded in writing, by order suspend or cancel the licence.
4[* * *]
10. Licensed Agency to carry out work of providing fire prevention and life safety
measures.— (1) No person other than a Licensed Agency shall carry out the work of providing fire
prevention and life safety measures or performing such other related activities required to be carried
out in any place or building or part thereof:
Provided that, if the 5[Director] is satisfied that, for any reason, to be rec orded in writing, the
owner or occupier is not able to carry out the fire prevention and fire safety measures in any such place
or building or part thereof through a Licensed Agency, he may authorise any person or persons he
thinks fit to carry out such wo rk, and any work carried out by such authorized person or persons shall
be deemed to be carried out by a Licensed Agency.
(2) No Licensed Agency or any other person claiming to be such Licensed Agency shall give a
certificate under sub -section (3) of sect ion 3 regarding the compliance of the fire prevention and life
safety measures or maintenance thereof in good repair and efficient condition, without there being
actual such compliance or maintenance.
CHAPTER IV
PROVISIONS RELATING TO LEVY, COLLECTION AND
RECOVERY OF FIRE SERVICE FEES
11. Imposition of fees; and enhancement or reduction thereof. — 6[(1) With effect from the
date of commencement of the Maharashtra Fire Prevention and Life Safety Measures (Amendment)
Act, 2023 (Mah. XXIV of 2023), and subject to the provisions of this Act, there shall be levied a Fire
1 This word was substituted for the words “Chief Fire Officer” by Mah. 24 of 2023, s. 4(1).
2 These words were substituted for the words “a court-fee stamp of the rupees” by Mah. 24 of 2023, s. 4(2).
3 These words were substituted for the words “one year” by Mah. 24 of 2023, s. 4(3).
4 Sub-section (5) was deleted by Mah. 24 of 2023, s. 4(4).
5 This word was substituted for the words “Chief Fire Officer” by Mah. 24 of 2023, s. 5.
6 Sub-sections (1) and (2) were substituted by Mah. 24 of 2023, s. 6(1).
14 The Maharashtra Fire Prevention and Life [2007 : Mah. III
Safety Measures Act, 2006
and Emergency Service Fee, for the purposes of this Act on all owners or occupiers, as the case may
be, of buildings as classified in Schedule-II (hereinafter, in this Chapter, referred t o as “the said
Schedule”), within the areas of a local authority or a planning authority (hereinafter, save as otherwise
mentioned, throughout in this Act, collectively referred to as “the Authority”), or other areas, to which
this Act applies.
(2) The rate of such fee, in respect of each type of building situated within the area of any of the
Authority and the areas to which this Act applies, shall be such as specified in Schedule-II.]
(3) 1[The Authority and in the areas outside the limits of the Authorities to which this Act applies,
the Director may,] subject to the other provisions of this Chapter, enhance, from time to time, the rate
of fee, including the annual fee and levy the fee at such enhanced rate:
Provided that, 2[The Authority, and in the areas outside the limits of the Authorities to which this
Act applies, the Director may,] subject to the other provisions of this Chapter, reduce, from time to
time, such enhanced rate and levy fee at such reduced rate, so, however, that in no case the rate shall be
reduced below 3[the rate specified in the said schedule].
(4) In determining the rate of fee to be enhanced or reduced under sub -section ( 3), 4[or the
Director] shall take into consideration the balance available in the Fire Protection Fund constituted
under section 25 and the estimated income and expenditure (including any capital expenditure) of the
5[Fire and Emergency Services] and ensure that the expenditure incurred or to be incurred has
reasonable correlation with the carrying out of the purposes of this Act.
(5) The other matters relating to imposition (including guidelines ), assessment and collection of
such fee shall be such as may be prescribed.
12. Authority 6[or the Director] to follow preliminary procedure before enhancing or
reducing enhanced fee. — (1) The Authority, before enhancing or reducing the enhanced rate and
levying the fee at such rate shall observe the following preliminary procedure, namely :—
(a) the Authority shall, by a resolution passed at a special meeting approve the rate of fee at
which it proposes to levy such fee;
(b) when such a resolution is passed, the Authority shall take further action to obtain the
previous sanction of the State Government to the proposal.
7[(1A) The Director, on receipt of an application or suo moto, before enhancing or reducing the
enhanced rate an d levying the fee at such rate, shall obtain the previous sanction of the St ate
Government to the proposal.]
(2) The State Government may, by an order published in the Official Gazette, accord sanction to
the said proposal of the Authority 8[or the Director] and specify in such order the date on or after which
the proposal shall be brought into force.
(3) ( a) The Authority 9[or the Director] shall display on the notice board of its office the said
order, and shall also publish a notice in a local newspaper informing the inhabitants of the area within
its jurisdiction of the subject matter of the order so displayed;
(b) When the rates at whic h the fee is leviable are enhanced or reduced under sub -section (3) of
section 11, it shall not be necessary to give any separate notice thereof to the owners or occupiers of
the buildings affected thereby.
1 These words were substituted for the words “the Authority may,” by Mah. 24 of 2023, s. 6(2)(a).
2 These words were substituted for the words “the Authority may,” by Mah. 24 of 2023, s. 6(2)(b)(i).
3 These words were substituted for the words “the rate specified in the said Schedule” by Mah. 24 of 2023, s. 6(2)(b)(ii).
4 These words were inserted by Mah. 24 of 2023, s. 6(3)(a).
5 These words were inserted by Mah. 24 of 2023, s. 6(3)(b).
6 These words were inserted by Mah. 24 of 2023, s. 7(2).
7 Sub-section (1A) was inserted by Mah. 24 of 2023, s. 7(1).
8 These words were inserted by Mah. 24 of 2023, s. 7(3).
9 These words were inserted by Mah. 24 of 2023, s. 7(3).
2007 : Mah. III] The Maharashtra Fire Prevention and Life 15
Safety Measures Act, 2006
13. Imposition of annual fee and enhancement an d reduction thereof.— (1) There shall also
be levied annually a further fee at the rate of one per cent. of the 1[the fees specified against each type
of building in the said Schedule] for providing the amount to defray the expenses for the purposes
mentioned in sub -section ( 3) of section 25 and also for regular check and inspection and other
incidental expenses so as to require and cause the owner or occupier thereof to keep the necessary
installations in fit condition.
(2) 2[The Authority, and in the are as outside the limits of the Authorities to which this Act
applies, the Director may], subject to the other provisions of this Chapter, enhance or reduce, from time
to time, the rate of annual fee and levy such enhanced or reduced fee.
(3) In determining the rate of annual fee to be enhanced or reduced and the procedure to be
followed in that regard, the provisions of sub-section (4) of section 11, sections 12 and 16 shall mutatis
mutandis apply as they apply in respect of rate of initial fee and levy thereof.
14. Assessment and collection of fees. — (1) Any person who, after the commencement of this
Act, intends to construct a building for which permission of 3[the Authority, and in the areas outside
the limits of the Authorities to which this Act applies, the Director,] is required, whether he has applied
for such permission or not, or who has commenced construction of a building, shall apply to 4[The
Authority, and in the areas outside the limits of the Authorities to which th is Act applies, the Director]
within such time and in such manner as may be prescribed, for the assessment of fees payable in
respect thereof.
(2) 5[The Authority, and in the areas outside the limits of the Authorities to which th is Act
applies, the Director ] shall, on such a pplication being made or if no such application is made, by a
person constructing a building, then after serving a notice in writing on the person liable to such
payment and after calling for a report in this behalf from the concerned officer of 6[the Authority, and
in the areas outside the limits of the Authorities to which this Act applies, the Director] and after taking
into consideration the report aforesaid, determine whether or not and if so, what fee is leviable in
respect of that construction and after giving the person concerned an opportunity to be heard, shall then
assess the amount of fee payable by such person and give to such person a notice in writing of such
assessment:
Provided that,—
(a) where permission has not been granted for construct ing a building, 7[the Authority, and
in the areas outside the limits of the Authorities to which this Act applies, the Director] may
postpone the assessment of the fee;
(b) where the application relates to the construction of a building, 8[the Authority, and in the
areas outside the limits of the Authorities to which this Act applies, the Director] may refuse to
assess the amount of fee payable by such person concerned unless it is satisfied that the applicant
has an interest in the land or building sufficient to enable him to carry out the construction or that
the applicant is able to acquire such interest and that the applicant shall carry out the construction
within such period as 9[the Authority, and in the areas outside the limits of the Authorities to
which this Act applies, the Director] may determine.
(3) ( a) In case of every building the construction of which has been completed immediately
before the date of coming into force of this Act, no fees shall be levied under this Chapter.
1 This portion was substituted for the portion beginning with the words “the minimum fees specified” and ending with the
words “Parts of the said Schedule” by Mah. 24 of 2023, s. 8(1).
2 These words were substituted for the words “the Authority may” by Mah. 24 of 2023, s. 8(2).
3 These words were substituted for the words “the Authority” by Mah. 24 of 2023, s. 9(1).
4 These words were substituted for the words “the Authority” by Mah. 24 of 2023, s. 9(1).
5 These words were substituted for the words “the Authority” by Mah. 24 of 2023, s. 9(2).
6 These words were substituted for the words “the Authority” by Mah. 24 of 2023, s. 9(2).
7 These words were substituted for the words “the Authority” by Mah. 24 of 2023, s. 9(2).
8 These words were substituted for the words “the Authority” by Mah. 24 of 2023, s. 9(2).
9 These words were substituted for the words “the Authority” by Mah. 24 of 2023, s. 9(2).
16 The Maharashtra Fire Prevention and Life [2007 : Mah. III
Safety Measures Act, 2006
(b) In the case of every building the construction of which has been completed on or after the date
of coming into force of this Act, such fee, unless it has already been paid in accordance with the
provisions of any law or building bye -laws or regulations in force immediat ely before the date
appointed under sub -section (1) of section 11 shall be payable, by the owner and if the owner is not
traceable by the occupier.
(4) The annual fee leviable under this Act shall be payable by the owner or occupier, in the case
of the exi sting such building, from the date appointed under sub -section (1) of section 11 and in the
case of such building the construction of which is completed after such date, from the date of
occupancy certificate granted in respect of such building by 1[the Authority, and in the areas outside
the limits of the Authorities to which this Act applies, the Director ,] and in advance in half yearly
installment or in the same manner in which property taxes are payable under the relevant Municipal
law or as the case may be, any other law for the time being in force, within the area of jurisdiction of
2[the Authority, and in the areas outside the limits of the Authorities to which this Act applies, the
Director]:
Provided that, the liability of the occupier to pay the fee under this sub-section shall be only to the
extent of the fee payable in respect of built-up area under his occupation including his share in the area
comprising common facilities in such building or part thereof.
Explanation.—For the purposes of asses sment of fee under this Act, the built -up area shall be
gross built -up area, which includes area of easements, stilts, stair -cases, lifts, lobbies, passages,
balconies, cantilever portions and refuge areas as shown in the building plan certified by the Arc hitect
and submitted to 3[the Authority, and in the areas outside the limits of the Authorities to which this Act
applies, the Director] alongwith the application for permission for construction of a building. The built-
up area to be calculated for this purpose will have no relation with the floor space index or the built -up
area calcExcerpt shown. Open the full act in Lexace.