The Meghalaya Fire and Emergency Services Act, 2012 (Act No. 5 of 2012)

The 30th March, 2012.
No.LL(B) 95/2003/85.—The Meghalaya Fire and Emergency Services Act, 2012 (Act No. 5 of 2012) is
hereby published for general information.
MEGHALAYA  ACT NO. 5 OF 2012.
(As passed by the Meghalaya Legislative Assembly)
Received the assent of the Governor on 29th March, 2012.
Published in the Gazette of Meghalaya Extra-Ordinary issue dated 30th March, 2012.
THE MEGHALAYA FIRE AND EMERGENCY SERVICES ACT, 2012
An
Act
to provide tor the maintenance of   Fire and Emergency Service in the State of Meghalaya.
Whereas,   it   is   expedient   to   provide   for   the   maintenance   of   fire   and emergency services in
the Slate of Meghalaya;
It is enacted by the Legislature of the S tate of Meghalaya in the Sixty-third Year of the Republic of India as
follows: -
Short title, 1. (1)   This  Act may be called the Meghalaya Fire and Emergency Services  Act,
extent and  2012.
commencement.
(2)  It extends to the whole S tate of Meghalaya.
(3)   It   shall come into force on   such  date  as  the S tate Government   may,   by
 notification   in   the   Official   Gazette, appoint.
Definations. 2.   In   this  Act,  unless  there  is  anything repugnant  to  the subject or context -
(a)   “Act”  means  the  Meghalaya Fire and Emergency
Services Act, 2012;
(b)  “Director” means the Director of Fire and Emergency
Services appointed under Section 5;
(c)  “Fire fighting property” includes -
(i)    lands and buildings    directly   or    indirectly connected with fire fighting;
(ii) fire engines, equipments, tools, implements and materials whatsoever used for
fire fighting;
(iii)  motor vehicles  and  other means  of transport used in connection with fire
fighting; or
(iv) uniform and badges or rank;
(d) “Fire Station” means any post or place declared, generally or specifically by the
State Government to be a fire st ation;
(e) “Services” means the Meghalaya Fire and Emergency Services maintained under
this Act;
(j) “Jurisdiction” means an area over which a Fire S tation usually operates;
(f) “Licensing Authority” means such officer as may   be authorized by the S tate
Government;
(h) “Member” means and includes a member of the service who performs operational,
supervisory,directional and executive duties in such ranks as may be prescribed by
the State Government;
(i) “Officer in-charge” of a Fire S tation includes the Fire Of ficer next in rank to the
Officer in-charge of Fire S tation or any other Of ficer holding charge of the Fire S tation
in absence of the Officer-in-charge;
(j) “Owner” includes occupier of a building, property , place, warehouse, workshop;
(k) “Pandal” means puja pandals and other pandals for big public gathering but does
not include erection of pandals in private compound or places for use during
bereavement, marriage ceremony and such other occasions in private gathering;
(l) “Place” means either enclosed or covered or open land having buildings or premises
within 22 meters on any side of its surroundings;
(m) “prescribed” means prescribed by rules made under this Act by the S tate
Government;
(n) “State Government” means the Government of the S tate of Meghalaya;
(o) “Treasury” means the Government Treasury;
(p) “Warehouse” means any building or place used whether temporarily or
permanently for storing, keeping or otherwise dealing in any manner of such articles
which in the opinion of the S tate Government are considered inflammable;
Explanation:-    Godowns,    factories,    workshops, shops dealing in any manner
with prescribed inflammable articles will be regarded as “Ware House” for the purpose
of this Act;
(q) “Workshop” means any building or place where the processing of any article is
carried on for purposes of trade or business, if such possessing of such articles
which in the opinion of the State Government is considered inflammable and are
notified in this respect;
Explanation: - The expression “processing” means making, altering, repairing, treating
or otherwise dealing with any article by means of steam, electricity or other mechanical
power;
(r)  “Local Authority” means any Local Body and include Municipal Boards, Town
Committees, Cantonment Boards, Durbar Shnongs or Village Councils and such
other bodies as may be notified by the Government.
3. There shall be constituted by  the S tate Government, a service   to   be   called   the
Meghalaya   Fire   and   Emergency Services.
4. The service shall consist of the following, namely . -
(a)     all members of the Meghalaya Fire and Emergency Services     who     were
recruited     before     the commencement of this Act;
(b)     all members recruited to the service in accordance with the provisions of this
Act and rules;
5. The State Government may appoint a person to be Director of the Meghalaya Fire
and Emergency Services borne on the IPS   Cadre   of   the   rank   of   Inspector
General   of   Police, Meghalaya.
6. (1) The superintendence and control of the service shall vest in the Director who shall
be under the administrative control and supervision of the S tate Government in the
Home (Police) Department and shall be carried on by him in accordance with the
provisions of this Act and the rules made thereunder .
Constitution of
Fire &
Emergency
Services,
Composition
of the service.
Appointment of
Director of Fire
& Emergency
Services.
Superintendence
and control of
the service.
(2)   The  S tate  Government  may  create  such  post s  and appoint such of ficers as
it may deem fit to assist the Director in the discharge of his duties.
(3)  The State Government may create as many divisions in the S tate as required and
may also create such posts in such divisions and appoint such Divisional Officers as
it may deem fit   to   assist   the   Director  in   the   discharge   of  his   duties
throughout the S tate.
(4) The Director may with the approval of the S tate Government delegate any of the
powers, functions and duties under this Act to such subordinate officer as he may
deem fit.
7. (1) The Director or such other officer not below the rank of Deputy Director shall
appoint the members of the Meghalaya Fire  and Emergency Services in  accordance
with the  rules made under this Act.
(2) Subject to the provisions of Article 31 1 of the Constitution of India and the Meghalaya
Services (Discipline and Appeal) Rules 201 1 the Of ficers of the service, as the S tate
Government may authorize in this behalf, may at any time dismiss, suspend or
reduce in rank or award any of the punishment to any member of the subordinate
found responsible for remiss or negligence in the discharge of his duty or considered
unfit. The Officer may also award any one or more punishment as provided in the
Meghalaya Services (Discipline and Appeal) Rules, 201 1. The provisions of the said
rules shall apply , mutatis mutandis, with regard to procedure of awarding punishment
and other disciplinary actions.
8. (1)  Every person  shall,  on  appointment to the service, receive a certificate in the
prescribed form under the seal of the   Director or  an   officer  not   below  the  rank
of Deputy Director and thereupon such person shall have the powers,functions and
privileges of a member of the service under this Act,
(2) The certificate referred to in sub-section (1) shall cease to have effect when the
person named therein ceases for any reason to be a member of the service, and on
his ceasing to be such member, he shall forthwith surrender the certificate to any
officer empowered to receive such certificate.
(3) During any period of suspension, the powers, functions and privileges vested in
any member of the service, shall be in abeyance but such member shall continue to
be subject to the same discipline as he would have been if he had not been suspended.
9. Whenever it appears to the S tate Government that, it is necessary to augment the
service, it may enroll trained Home Guard  V olunteers for such  areas and  on  such
terms and conditions as may be prescribed.
10. The State Government may , from time; to time, make such general or special orders
as it thinks fit and such order may be: -
(a)  for providing the services with such appliances and equipments as it deem proper;
(b)  for providing adequate supply of water and for securing that it shall be available
for use,
Appointment of
members of
the Services.
Auxiliary Fire
Force.
Powers of
State
Government to
make orders.
Issue of
certificate to the
member of the
Services.
(c)  for constructing or providing station or hiring places for accommodating the
members of the services and its fire fighting appliances;
(d)  for  giving  rewards   to  persons  who   have  given notice of fires and to those who
have rendered effective support to the service on the occasion of fires;
(e)   for the training, discipline and good conduct of the members of the service;
(f)   for deciding or determining the cadre or terms and conditions of service of the
members of the service and also members of other staff or creating such additional
ranks and framing rules in respect of service conditions and conduct rules as it may
deem fit;
(g) for sending members of the service with appliances and equipment beyond the
limits of any area in which this Act is in force for purposes of fire fighting in the
neighbourhood of such limits on such terms and conditions and under such exigencies
of situation as it deems proper;
(h) for the employment of members of the service in any rescue, salvage or other
special types of jobs or operations;
(i) for regulating and controlling the powers, duties and functions of the Director and
other members of the service;
(j) generally for the maintenance of the service in due status of efficiency; and
(k) for conducting mock drill and in doing so all such powers as referred to in section
11 of the Act shall be exercisable by the members of the service.
11. In the event of fire in any area, any member of the service who is in charge of fire
fighting operations on the spot may -
(a)  remove, detain or order any other member of the service to remove any person
who by his presence interferes   with   or   impedes   the   operation   for extinguishing
the fire or for saving life or property;
(b)  close any street or passage in or near which a fire is burning or raging;
(c)  for the purpose of extinguishing fire, break into or through   or   pull   down,   any
premises   for   the passage   of   those   engaged   in   fire   fighting   or appliances
or cause them to be broken into or through or pulled down causing as little damage
as possible;
(d)  require the authority in charge of water supply in the area to regulate the water-
machine 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 any available
source of water , public or private, for the purpose
Powers of mem-
bers of the services
on the occasion of
fire.
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 incharge of a Police S tation
and as if  such an assembly were an unlawful assembly .
He shall be entitled to the same immunities and
protection as an officer in-charge of a Police S tation
shall be in exercise of such powers; and
(f) generally take such measures as may appear to him
to be necessary for extinguishing the fire or for the
protection of life or property and for which no Of ficer
in-charge or any  member of the  service working under
his order or instructions will be civilly or criminally
prosecuted in the court of law .
12. The Director may, with the previous sanction of the S tate  Government,   enter
into agreement with the authority incharge of water supply in any area for securing
adequate supply of water in case of fire on such terms as to payment or otherwise as
may be specified in the agreement.
13. (1) The State Government may, by notification in the Of ficial 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 rise of fire, to t ake such precautions
as may be specified in such notification.
(2) In case a warehouse is detected without a license, it shall be lawful for the
Director or any Of ficer not below the rank of S tation Officer, to direct the removal of
prescribed article which are hazardous and likely to cause fire to a place of safety and
on failure of the owner or occupier to do so, the Director or such Of ficer may seize,
detain, remove, dispose or destroy such object s or hazardous goods. Such goods which
have been seized, shall be destroyed or disposed of f by public auction or by calling
sealed tenders and the proceeds shall be deposited into the Treasury. The Director or
such Officer not below the rank of S tation Officer, shall not be liable to p ay any
compensation in any manner to any person in this respect.
14. No building or place shall be used for purpose of manufacturing, making or
otherwise dealing in any manner , in respect of fire works without previously obt aining a
license for the same from the licensing authority or such of ficer as may be authorized.
15. (1)  No building or structure of any kind shall be used for public gathering for
amusement, entertainment or any other purposes where public may assemble, unless
the owner, or occupier thereof shall have previously obt ained a license.
(2) Application for such license shall be made to the licensing authority who shall
refer the case to the Director and the Licensing Authority shall grant or refuse such
license as may be recommended by the Director .
(3)   No license  shall be granted unless the  building or structure conforms to such
rules and conditions as may be prescribed for purposes of public safety.
(4) Advance payment of such fees as may be prescribed, is made.
Explanation: - Theaters, Cinemas, Circus, Fairs, Mellas and such other like matters
come under provisions of this Section but does not include gathering in private compound
or places for use during bereavement, marriage ceremony and such other occasions in
private gathering.
Power of Director to
make arrangement
for supply of water.
Preventive
measures and
licences.
Fireworks.
Place of public
gathering for
entertainment.
16. A person who intends to erect a temporary structure or p andal with roof or walls
made of straw , hay , ulugrass, galp ata, hogla, darma, mat, canvas or other like materials
for use as a place where members of the public may assemble shall apply to the licensing
authority and the Licensing Authority  shall  grant  or  refuse   such  license   as  may  be
recommended by the Director subject to clause (k) of Section 2.
17. For carrying out the purposes of any or all the provisions of Sections 13, 14, 15
and 16 of this Act, the Licensing Authority may prescribe conditions in respect of -
(a) the limit of minimum or maximum quantity of such  inflammable articles
that may be stored, used or otherwise dealt  with  in   a   p articular warehouse
or workshop;
(b) determination of fees and method of calculation of fees and the manner in
which payment has to be made in this respect;
(c) type or schedules or forms to be used in respect of granting license; and
(d) the  precautionary measures  to  be  t aken  in  a warehouse.
18. Power of granting license under this Act shall be exercised by the Licensing
Authority or by such of ficer who may be authorized by the S tate Government in this
behalf.
19. The entire expenditure in connection with the service shall continue to be met out
of the Consolidated Fund of the S tate of Meghalaya where the head of expenditure
already existed before the commencement of this Act.
20. (1) Any person who violates any of the provisions under Sections 14, 15,  16 and
17 or any provision of the Act, shall be punishable, on conviction by a Magistrate of First
class, with imprisonment which may extend to two years or with fine which may extend
to one lakh rupees or with both.
(2) Any person who uses any warehouse or any workshop in respect of which a
license has been refused or af ter the license in respect thereof has been suspended or
withdrawn during the time for which such license has been suspended shall be
punishable, on conviction by a Magistrate of First class, with imprisonment which may
extend to one year or with fine which may not be less than one lakh rupees or with both.
(3) Any   holder   of  a   license   who   breaks   any   of  the conditions under which
a license is held in respect of any warehouse or workshop shall be punishable, on
conviction by a Magistrate,  with imprisonment which  may extend to six months or with
fine which may extend to one lakh rupees or with both.
(4)   Any  person   who  willfully  obstruct s   or  of fers  any resist ance  to  or
impedes  or otherwise  interferes  with  the Director or any Of ficer exercising powers
under sub-section (2) of Section 13, or any assist ant accompanying the Director or
such   Officer   while   exercising   such   powers,   shall   be punishable, on conviction
by a Magistrate with imprisonment which may extend  to six months or with fine which
may extend to ten thousand rupees or with both.
(5)  Any person who willfully obstruct s or interferes with any member of the
services who is engaged in fire fighting operations, shall be punishable with imprisonment,
which may extend to three months or with fine, which may extend to five thousand
rupees or with both.
21. Any person who possesses any information regarding an outbreak of fire  shall
communicate the same without any delay to the nearest Fire S tation.
Temporary structure
or pandals.
Information of
outbreak of fire.
Conditions for
granting license for
ware-houses and
workshops etc.
Power of granting
license.
Expenditure on the
service.
Penalties for violation
of preventive
measures.
22. 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 paragraph of Section 176 of the Indian Penal Code.
23. 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 st atement,
message or otherwise shall be punishable with imprisonment for three months or with
fine which shall not be less than one thousand rupees or with both.
24.  It shall be lawful for the Director to employ the member of the service in any
rescue, salvage or other work for which it is suit able by reason of it s training, appliances
and equipment to provide appropriate services and relief to the people in distress
situation.
25.  (1) 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 service in that area shall ascert ain
the facts as to the origin and cause of such fire and shall make a report thereon to the
Director. The Director after having ascertained the facts into the origin or cause of the
fire, may furnish, on application, to any Fire  Assurance Company a report on p ayment
of the prescribed fee.
(2) If after enquiry it was ascert ained that the cause of the fire is unknown or
caused by negligence of the owner or occupier of any building or other property , or
arson, the Station Officer in whose jurisdiction the fire occurred, shall submit a First
Information Report (F .I.R.) to the Police S tation of that area for investigating the case.
26. Any officer of the service not below the rank of Of ficer in Charge of a Fire S tation
may for the purpose of discharging his duties under the 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  means of access
thereto and other material particulars, and such owner or occupier shall furnish all the
information in his possession.
27. (1) The Director or any member of the service authorized by  him  in  this behalf
may enter any building,  warehouse, workshop, cinema halls or place for purpose of
any enquiry under this Act and for determining whether any inflammable articles are
stored illegally or whether precautions against fire required to be t aken in such place
have been so taken.
(2) No claim shall lie against any member of the service for compensation for
any damage necessarily caused by any entry made under sub-section (1).
28. No charge shall be made by any local authority for water consumed in fire fighting
operations by the service.
29. No authority or in charge of water supply in an area shall be liable to claim
compensation 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 11.
30. It shall be the duty of Police Of ficers of all ranks to aid the members of the service
in the execution of their duties under the Act.
31. No suit, prosecution or other legal proceedings shall lie against any member of
the Fire and Emergency Service or police or any person for anything which is done or
intended to be done in good faith or in pursuance of this Act or any rule or order made
thereunder.
32. No member of the service shall engage in any employment or of fice  whatsoever
other than  his duties under this Act unless expressly permitted to do so by the Director .
Failure to give
information.
False report
Employment on other
duties.
Enquiry into origin of
fire and report.
Power to obtain
information.
Power of entry.
Copnsumption of
water.
No compensation for
interruption of water
supply.
Police Officer to aid.
Indemnity.
Bar to other
employment.
33. (1) No member of the Meghalaya Fire and Emergency Service under this Act
shall, without the previous sanction in writing of the State Government -
(a) be a member of, or associated in any way with any trade union, labour union,
political association or with any class of trade unions;
(b) be a member of, or associated in any way with any society , institution,
association or organization not recognized as part of the service or is not a
purely social, recreational or, religious nature; or
(c) communicate with the press or publish or cause to be published any book,
letter or  other document except where such communication or publication
is of a purely literary, artistic or scientific character.
Explanation: - If any question arises as to whether any society , institution, association or
organization is of a purely social, recreational or religious nature under clause (b) of this sub-
section, the decision of the State Government shall be final.
(2) No member of the service shall p articipate in or address any public meeting or
take part in any demonstration or strike organized by any political p arty or for any other
purpose affecting discipline of the Services or other purposes as may be prescribed.
(3) Any member of the service who contravenes the provisions of this section
shall, without prejudice to any other action that may be t aken against, be punishable with
imprisonment for a term, which may extend to two years or with fine, which may extend to ten
thousand rupees or with both.
(4) Notwithstanding anything contained in the Code of Criminal Procedure, 1973
(Act 2 of 1974) an offence under this section shall be cognizable and bailable.
34. Any officer not below the rank of Divisional Fire Services Of ficer  may  reward a member
of  the services for  outstanding/exemplary/rate devotion to duty, discipline, courage, or any
acts of merit as follows.
(a) Director : The Director may award highly commendations/commendation in
the service books and/or cash reward as may be prescribed.
(b) Deputy Director :  The Deputy Director may also award highly
commendations/commendation in the service books and/or cash reward as
may be prescribed.
(c) Divisional Fire Services Officer : Divisional Fire Service Of ficer may
recommend any member (s) of the service to the Deputy Director or Director
for cash reward and commendations.
Restrictions
respecting
rights
to form
association,
freedom of
speech etc.
Reward.
35. Any member of the service who -
(a) is found to be guilty of any violation of duty or willful breach of any provision
of this Act or any rules or order made there under; or
(b) if found to be guilty of cowardice; or
(c) withdraws from the duties of his of fice without permission or  without having
given previous notice of at least two months; 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 of fice in contravention of the provisions of
Section 32 of this Act; or
(f) contravenes the provisions of Section 33;  shall also be liable to dep artmental
proceedings notwithstanding any other action t aken under any other provision
of the Act.
36. Fire and Emergency Service personnel in the State shall be governed by the existing
relevant Discipline and Appeal Rules and other Service Conduct Rules in force, as applicable
to the Indian Police Service, the S tate Police Service and others serving in the Police
establishment.
37. Nothing in this Act shall be deemed to prevent any person from being prosecuted
under any other law for any act or omission, which constitutes an of fence under that Act;
Provided that no such prosecution, civil or criminal, shall be instituted except with the
previous sanction of the S tate Government or of the authority prescribed in this behalf by the
State Government if the act is done or purported to be done in the discharge of his of ficial
duty.
38. The State Government may est ablish a training centre in the S tate for providing courses
or instructions in the prevention and extinguishment of fire and may close down or re-establish
any such center.
39. All members of the Meghalaya Fire and Emergency Service under this Act shall be
deemed to be public servant s as defined under Section 21 of the Indian Penal Code (Act
No.45 of I860) and clause (c) of section 2 of the Prevention of Corruption Act, 1988.
40. (1) The personnel of the service who are not on leave or under suspension shall,
for all purposes of this Act, be considered to be always on duty and may at any time be
deployed in any part of the State.
(2) The State Government shall, however , ensure the grant of at least one day of f
in a week to all personnel or make provision of appropriate compensatory benefit s in lieu of
such weekly off, if under extraordinary situations the same cannot be granted to any of them.
Operation of
other Law not
barred.
Training.
Public Servants.
Fire and
Emergency
Service
personnel
always on duty.
Rules
governing
discipline of
personnel.
Penalty for
violation of
duty, etc.
(3) Personnel of the service shall not abdicate his duties or withdraw himself from
his place of posting or deployment, without proper authorization.
Explanation: An officer or personnel who, being absent on authorized leave, fails without
reasonable cause to report for duty on the expiry of such leave, shall be deemed within the
meaning of this Section to withdraw himself from the duties of his of fice.
(4) No personnel shall engage in any other employment, or of fice of profit
whatsoever, other than his duties under this Act.
41. (1) The State Government may, by notification in the Official Gazette, make rules
in respect of the gazetted and non- gazetted members of the service and 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 all or any of the following matters, namely , -
(a) to regulate appointment;
(b) to regulate promotion;
(c) for the compensation payable to the members of the   service   in   case of
accidents or to their dependence in case of death while engaged on duty;
(d) to regulate the functions of the service;
(e) to provide for twenty four hours access to the public; and
(f) any other matter which  is to be,  or may be, prescribed under this Act.
(3) Every rule made under this Act shall, as soon as af ter it is made, be laid in the
Legislature of the State of Meghalaya.
42. (1) If any dif ficulty arises in giving ef fect to the provisions of this Act, the S tate
Government may, by order published in the Of ficial Gazette, make such provisions not in
consistent with the provisions of this Act as appear to it to be necessary or expedient, for
removing difficulty:
Provided that no such order shall be made after the expiry of the period of two years
from the commencement of this Act.
(2) Every order made under this section shall, as soon af ter it is made, be laid
before the Legislature of the State of Meghalaya.
Power to
remove
difficulty.
Power of State
Government to
make rules.
L. M. SANGMA,
Secretary to the Government of Meghalaya,
Law Department.

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