LexThe NAGALAND FIRE AND EMERGENCY SERVICE ACT 2021 (ACT NO.5 OF 2023)
Nagaland · state statute
Open in Lexace · Ask the AI about this actThe Nagaland Gazette August 31, 2023
PART-V
NOTIFICATION
Dated Kohima, the 27th July 2023.
NoLAW/ACT/23-1./2023:: The Nagaland Fire & Emergency Services Act,
2021 (Act No. 5 of 2023) duly assented by the Hon'ble Governor of Nagaland
on 14.06.2023 is published herewith for general information.
Sd/-
H. CH!NGAI PANJA
Under Secretary to the Govt. of Nagaland.
The Nagaland Fire and Emergency Services Act-2021 (Act. No.5 of 2023)
Content
• Chapter I- Preliminary
1. Short Title, Extent And Commencement
2. Definitions
Chapter Il- Organization, Superintendence, Control and Maintenance of the Fire and
Emergency Service
3 Establishment of one rire and Emergency Service for whole of State
4. Superintendence of Fire and Emergency Service to vest in the State Government
S. Constitution and Classification of Fire and Emergency Service
6. Appointment of Director of Fire and Emergency Service
7. Power, Duties and Functions of the Director
8. Setting up of Fire Stations
9. Issue of Certificate to the employees of fire and Emergency Service
10, Auxiliary Fire and Emergency Service
11 Effect of suspension of Fire Officer
•: Chapter Ill Fire and Emergency Response
12. Response to Calls
13. Personnel. It Scale of Equipment
14. Operation /Aanugemcnt
15. Powers of Employees of the Fire and Emergency Service on occasion of Fire and/or Rescue
•' Chapter IV- Water Supply
16 Power to arrange for Water Supply during Emergency
17. Duty to arrange Water Supply
18. Power to enter into Agreement for Water Supply
19. No Compensation for Interruption of Water Supply
20. Compensation of Water
•: Chapter V General Measures for Fire Prevention and Life Safety Measures
21. Preventive Measures
22. Fire Prevention and Life Safety Measures in the PandaLs to be Self-Regulatory
23. Removal of Encroachments or Objects or Goods likely to cause a risk of Fire or
any Obstruction to Fire-fighting
24. Owner or Occupiers Liability to Provide Fire Prevention and Life Safety Measures
25. Issue or Fire Safety Certificate
26. Appointment of Fire Safety Officer
27. Power of Inspection
28. Information on Outbreak of Fire
August 31, 2023 The Nagaland Gazette, Part-V 27
• Chapter Vi- Offence's and Penalties
29, Offences and Penalties
30 Penalties for Violation of Provisions of Chapter IV
31. Penalty for Violation of Duty
32. Penalty in case of Non-appointment of Fire Safety Officers
33.. Liability of Property Owner to pay Compensation
34. Failure to give Information
35. Failure to take Precautions
36, Penalty for willfully obstructing the Fire-fighting Rescue Operations
37. False Report
38. General Provisions for Punishment of Offences
39.. Offences by Companies
40 Compounding of Offences
41. Protection of Action taken in good faith
42.. Cognizance of Prosecution
43. Jurisdiction
•. Chapter VII- Appeals
44. Appeals
•. Chapter VIII- Training
45. Establishment of Fire and Emergency Training Institute
46. Community Preparedness
•: Chapter IX- Levy of Fire Tax, Fee and Other Charges
47. Levy of Fire Tax
48 Mode of Assessment, Collection etc. of Fire Tax
49. Fee on Deployment of Fire and Emergency Service beyond the limits of the State
• Chapter X- Fire Prevention and Life Safety Fund
50. Constitution of Fund
'. Chapter XI-Misceltaneous
51, Reciprocal Fire-fighting Arrangements with other Fire and Emergency Service
52, Declaration of Fire and Emergency Service as Technical Service
53.. Deployment to other Area
54. Employment on other Duties
55. Power to obtain Information
56. Power to Seal Building or Premises
57. Police Officers and Others to Aid
August 11, 2013 18 The Nagaland Gazette, ForimV
58, Fire Ergney Seice funtiønig in the State ieia1eIy befe the
bmacewt ol this Act to m. to Fire vd Imelpq Service IOIZ'M
under this Act
59. eth*f eber of re a4 Eery Sarvie
W, Calling of etwrs, qn, a Swema(, et(,
61. ke io 6e hlei
62 1tns of Nei
b1
kpd and Savings
S, oer to reav Vkulm
Act t h3v In overriding EUet i Efft of Other as
6,
Rquisitioi of Re-fl' 1011 Property
b7 Spiat dispena.tion to the Surdiate Oeratioa Stf(
Adts
' Chapter Mvhhle of f n8ts
August 31, 2023 The Nagaland Gazette, Part-V 29
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement
(1) This Act may be caRed the Nagaland Fire and Emergency Service Act 12021
(2) It extends to the whole of the State of Nagaland.
(3) It shall come into force in any area on such date as the State Government may,
by notification in the Official gazette, appoint and different dates may be
appointed for different areas and for different provisions of this Act.
2, Definitions
In this Act, unless the context otherwise requires,-
(a) "Appellate Authority" means an Officer appointed by the State Government, who
is at (east two rank higher than the Fire Officer as defined in Section 44 of this
Act;
(b) "Building" shalt have the same meaning assigned to it in the relevant
municipal/urban 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 tand or building, whether authorized or otherwise, outhouses, if any,
pertaining to such building or part thereof and petrol, diesel or gas lines,
instaUations or pumps;
(C) "Building bye-Laws" means the building bye-laws, rules and regulations made
under any relevant municipal/urban 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 the area in which this Act is in force as amended from time to time and
defined in Section 24 of this Act;
(d) "Bye law" means fire safety regulations or norms or guidelines made under
National Building Code of India, Model Building Bye-Laws by Government of India,
Oil Industry Safety Directorate guidelines, Petroleum Act and Rules, Explosive
Act and Rules of India relating to fire prevention, or any relevant guidelines by
the central government or the State Government or Local Authority as amended
time to time as defined in Section 24 of this Act;
(e) "Bureau of Indian Standard (BIS) 1' means National Standard body of India
established under 615 Act, 1986 as amended from time to time;
(f) "Fire Officer" means an officer appointed by the State for fire stations and other
field formations as per the Section S of this Act;
(g) "Director" means the Director of the Fire a Emergency Service appointed by the
State Government under Section 6 of this Act;
(h) "Schedule of Formats" means compiled Formats with referential section
associated with this Act under Chapter XII.
30 The Nagaland Gazette, Part-V August 31, 2023
fi) Disasters" means disasters as defined in Disaster Management Act, 2005 as
amended from time to time:
(j)
"Erectorptmeans a person or association of persons, whether corporate or
otherwise, who erects or makes a panda[ or any structure for occupation of people
on a regular or temporary basis;
(k) "Emergency" means any serious situation or occurrence including disasters, that
happens unexpectedly and demands immediate action of Fire and Emergency
Service of the State Government or Local Authority;
(1) "Fire Station' means a building erected to house the firefighting equipment
appliances and staff declared generally or specially by the State Government to be
a Fire Station and other field formations as defined in Section 8 Of this Act;
(ni) "Fire Prevention and Life Safety Measures" means such measures as are necessary
in accordance with the National Building Code of India for the containment,
control, and extinguishing of fire and for ensuring the safety of Life and property in
case of fire and as may be prescribed in the Rules made in this behalf;
(n) "Fire Safety Officer" means the person appointed under Section 26 of Chapter V of
this Act by the owner or occupier of certain premises and buildings as specified in
this behalf to ensure fire prevention and fire safety measures installed in such
premises and buildings;
(o) "Fund" means fund constituted under Section 50 of this Act;
(p) "State Government" means the Government of State or Union Territory;
(q) "Local, Authority" means a municipal corporation, Municipality/ urban, Village
Council, District Partchayat, Notified Area Committee/town committee or
Cantonment Board constituted under relevant local authority law;
(r) "Local Fire tt Emergency Service" means Local Fire and Emergency Service as may
be notified by the State Government
(s) "Licensed agency" means a person or an association of persons having technical
specialization equivalent to Divisional officer course (D.O. course) conducted by
National Fire Service College, Nagpur or its (DO, course) equivalent course
recognized by GovernmentIderee in the field of Fire/ Civil/ Mechanical
Engineering /Te h nology, Industrial Safety, Disaster Management or Chemical
Science from a recognized university and having süffic lent domain knowledge and
accomplishments in the field of Fire Service.
(t) "employee "meansapersonap pointed totheFi rea nd Ern ergencyServiceunde r
this Act;
(U) "National Building Code" means the book or books containing Fire Prevention and
Life Safety Measures to be implemented in the buildings, places, premises,
workshops, warehouses and industries, published from time to time by the Bureau
of Indian Standards;
v) "occupancy" means the principal occupancy for which a building or a part of the
building is used or intended to be used including subsidiary occupancies which are
Contingent upon it;
(w) "Occupier "means-
I. 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 Of the land or building in respect of which
such rent is paid or is payable;
ii. an owner in occupation of, or otherwis.e using his land or building;
August 31, 2023 The Nagaland Gazette, Fart-V 31
iii. a rent-free tenant of any Land or building;
iv. a Licensee in occupation of any land or building; and
V. any person who is Liable to pay to the owner damages for the use and
occupation of any land or building -,
(x) "Owner" includes a person who, for the time being,, is entitled to receive the rent
of any [and or building, whether on his own account or on account of himself and
others or as an agent, trustee, guardian or receiver or any other person, or 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;
(y) "paridal" means a temporary structure with a roof or watts made of straw, hay, utu
grass, golpatta, hogla, darma, mat, canvas, cloth or other like material which is not
adopted for permanent or continuous occupancy;
(z) "Standing Fire Advisory Council (SFAC)" means the advisory body constituted by the
Union Ministry of Home Affairs to examine the technical problems relating to Fire
Service and to make recommendation to the Government of India in the matter
including the standardization of fire-fighting equipment through the Indian Standard
Institutions;
(aa) "Second Appellate Authority" means an Officer appointed by the State Government,
who is at least one rank higher than the Appellate Authority as defined in Section 44
of this Act;
(aa) "Nominated Authority" means an officer not below the rank of station officer
nominated by the Director as a nominated authority for the purposes of this Act;
32 The Nagaland Gazette, Part-V August 31, 2023
CHAPTER II
ORGANIZATION, SUPERINTENDENCE, CONTROL AND MAINTENANCE OF THE FIRE AND
EMERGENCY SERVICE
3. Establishment of one Fire and Emergency Service for whole of State
(1) There shall be one Fire and Emergency Service for the whole of State and all.
officers and subordinate ranks of the Fire and Emergency Service shaU be liable for
posting to any branch and Fire Station of the Fire and Emergency Service:
PROVIDED that, the State Government may, by notification in the Official
Gazette, declare any Fire Station or any other Local Fire and Emergency Service of
any local authority of the state, by whatever name called, that the same shall form
or shalt not form the part of Nagaland Fire and Emergency Service at any time;
PROVIDED further that this position shalt not apply to the private Fire and
Emergency Service maintained for providing fire protection coverage to a specific
building or industry by the owner or occupier thereof.
(2) Notwithstanding anything contained in this Act or any other law for the time being
in force relating to the Local Authonity, the State Government may, by notification
in the Official Gazette, declare the services relating to any fire brigade or fire
prevention a part of the State Fire and Emergency Service with effect from such
dates as may be specified in the notification.
(3) In order to assist any disaster, other than resulting due to fire, all Fire Services shall
be considered as Emergency Services.
PROVIDED that, in case where the emergency service is not related only to fire,
the decisions and directions of the authority in charge of the Emergency Service
shall prevail.
(4) Upon such declaration under sub-sectlon3(2)
(1) the officers and employees responsible for providing the Fire and Emergency
Service in the areas of such Local Authority, shall be deemed to have been
absorbed in the State Fire and Emergency Service, subject to such terms and
conditions as may be notified;
(ii) terms and conditions applicabLe to the employees after such absorption shalt
be such as may be decided by the State Government;
(iii) Alt proceedings pending before any fire officer, immediately before the
declaration be deemed to be proceeding pending before him in his capacity as
the holder of the Office to which he is deemed to be appointed under sub-
section (2);
ub
section(2);
(iv) All assets, rights and Liabilities relating to the Fire and Emergency Service of
such local authorities shaR stand transferred to the State Fire and Emergency
Service, subject to such terms and conditions as. the State Government may
deem fit;
(v) The State Government may take such necessary actions as it deems fit.
August 31, 2023 The Nagaland Gazette, Part-V 33
4. Superintendence of Fire and Emergency Service to vest in State Government
The superintendence of, and control over, the Fire and Emergency Service
throughout the State shall vest in the State Government and the Fire and
Emergency Service shalL be administered by the State Government in accordance
with the provisions of this Act and / or any rule made thereunder, through such Fire
Officers as the State Government may, from time to time, appoint in this behalf.
5. Constitution and Classification of Fire and Emergency Service:
(1) Subject to the provisions of this Act, the Nagaland Fire and Emergency Service
shall consist of such number Of staff in various ranks and have such organizations
and have such powers, functions and duties as the State Government may, by
generaL or special order, determine.
(2) The State Government may prescribe in the Rules-
(i) the different posts of the State Fire and Emergency Service;
(ii) the mode of recruitment of staff, grade of post, the qualification, pay,
allowances and other conditions of service of the officers and other staff
engaged therein and matters connected therewith;
(iii) Ranks and uniform Structure
(:3) The State Government may, by notification in the Official Gazette, review the
pattern of the existing Fire and Emergency Service in the State and if deem fit may
modify the same:
PROVIDED that, for local Fire and Emergency Service, the Rules framed under
this sub- section may not include mode of recruitment of staff; pay, allowances
and matters connected therewith.
(4) Save as otherwise provided by or under this Act, every person holding office either
Fire Officer or staff or an employee (by whatever designation called) of an existing
Fire Brigade or Fire and Emergency Service of any Authority on the date
immediately before the commencement of this Act, shalt continue to hold office
on the same terms and conditions as were applicable to him immediately before
such date and shall exercise such powers and perform such duties as before and in
addition to those as are conferred on them by or under this Act
6. Appointment of Directorand other Staff of Fire and Emergency Service
(1) The State Government shall appoint an Officer who has undergone Divisional course
and not below the rank of Deputy Inspector General (DIG) to be the Director and
HOD of Nagaland Fire &. Emergency Services, who shall exercise such powers and
perform such duties and other functions as are specified by or under this Act.
(2) The State Government shalt appoint such other officers and staff, as may be
necessary from time to time, to assist the Director while exercising the powers or
discharging the duties or functions conferred under this Act or rules made
thereunder.
(3) The jurisdiction of the Director so appointed shalt extend to the entire State in
matters relating to Fire and Emergency Service.
34 The Nagaland Gazette, Part-V August 31, 2023
(4) Subject to the c')ntroL directions and superintendence of the State Government,
the Director shall, exercise such powers and perform such duties as are conferred
and imposed upon him by this Act or the rules made thereunder.
7. Power, Duties and Functions of the Director
(1) The Director shalt subject to the superintendence and control of the State
Government, direct and regulate all matters of fire safety and prevention,
firefighting equipment, machinery and appliances, training, observation of persons,
events of mutual relations, distribution of duties, study of Laws, orders and modes
of proceedings and all matters of executive detait or the fulfillment of duties and
maintenance of discipline of fire officers and employees of the Fire and Emergency
Service under him, as per the State Rules.
(2) Without prejudice to the provisions of sub-section (4) of Section 6, the Director
shalt function as head of the Department in the office of Director and shalL-
(i) Keep liaison with the State Government for the development of Fire and
Emergency Service.
(ii) frame the policies in relation to the development of Fire and Emergency
Service In the State and, on approval by the State Government, take steps to
implement the same;
(ill) prepare and submit plans and proposals to the State Government with regard
to, the periodical review of fire equipment, fire property and fire manpower
for effective implementation of Fire and Emergency Service by the authorities;
(iv) take or cause to be taken such effective steps and measures in cases of major
fires, house collapse and other emergency services;
(v) investigate or cause to be investigated the cause of fire and advise the
authorities for implementing fire precautionary measures;
(vi) appoint such number of Officers and staff /employees as may be necessary to
assist any Fire Officer of the State Fire and Emergency Service, while
exercising his powers or discharging his duties or functions under this Act or
the rules made thereunder;
(vii) implement the effective Human Resource Development policies in accordance
with the prescribed jobs at: each Level of fire service personnel and for that
purpose, he may establish advance training centers/ Institution.
(viii) represent the State Government on National and International forums with 'a
view to updating the standard of Fire and Emergency Service in the State;
(ix) exercise such other powers and perform such other duties and functions as
may be conferred, imposed or allotted to him by or under the provisions of
this Act.
B. Setting up of Fire Stations
(1)
For the purpose of providing adequate number of officers and staff for meeting
the needs of fire service, having regard to the population, potential fire
hazards in certain industries and large commercial and mercantile
establishments and buildings and fire stations required to be provided for and
maintained, the State Government may, for the purpose of securing fire
prevention and life safety measures within the State
August 31, 2023 The Nagaland Gazette, Part-V 35
constitute as many Fire Stations and other field formations as it deems fit.
(2) Every notification issued under sub-section (1) shall define the Limits of the Fire
Stations and other field formations to which it relates.
(3) Define the Limits and extent of Fire Stations and other field formations as may
be necessary for administrative and operational efficiency.
(4) Appointment of Fire Officers:
(i) For the purposes of this Act, the Director with the approval of State Government
may appoint,-
(a) A Fire Officer, for each Fire Station who shall, be officer-in- charge of a Fire
Station and shall hold charge of a Fire Station as per the size of the Fire Service
as specified by the SFAC, as amended time to time. He shalt have staff
attached under him to the Fire Station. He will be responsible for maintenance
of communication system, water resources including hydrants within his station
areas, and shall be in charge of operations of Fire and Emergency Service.
(b) Similar arrangements may be provided for other field formations, if any.
(ii) The quaLifications for appointment and other conditions of service of the
Officers, appointed under sub-clause 5(1), shall be such as may be prescribed in
the Rules.
(iii)For the purpose of this Act, the Director with the approval of State Government
for each Local Fire Service may by an order direct the tocat authority or the
authority, as the case may be, to appoint the person to be the Chief Fire Officer
and prescribe the norms and qualifications of the Fire Officer.
(5) Powers, duties and functions of Fire Officers
(i) Subject to the control, direction and superintendence of the Director, the Fire
Officer appointed in sub-section (4) of Section 8, shaU exercise such powers and
perform such duties as are conferred and imposed upon him by this Act or Rules
or orders made there under.
(it) Without prejudice to the provisiris of sub-section (i), in case of fire prevention
and disaster, the Fire Officer or officers appointed under sub-section (4.) of this
Section, for their jurisdiction, shalt, in case of any fire or emergency, act as
Commanding Officer for that event and other Fire and Emergency Service
engaged shalt work under him,
Issue of Certificate to the employees of Fire and Emergency Service
(1) Every person shall on appointment to the Fire and Emergency Service, receive a
certificate in the prescribed form under the signatures of the Director or an officer
authorized In this behalf by the State Government and thereupon such person shall
have the powers, functions and privileges of an employee of the Fire and
Emergency Service under this Acts
36 The Nagaland Gazette, Part-V August 31, 2023
(2),
The certificate referred to in subsection (1) shall cease to have effect when the
person named therein 04,ses'-foriq reason to be an employee of the Fire and
Emergency Service and on his, ceasing to be' such employee, he shall forthwith
surrender the certificate to any officer receive the same
A certificate of appointment shall become null and void when the person named
therein ceases to belong to the Fire and Emergency Service or shall remain
inoperative during the period such person. is suspended from the Fire and
Emergency Service
10, Auxiliary Fire and Emergency Service
Whenever, it appears to the State Government that it is necessary to augment the
Fire and Emergency Service, it may raise an auxiliary service by enrolment of
volunteers for such area and on such terms and conditions as it may deem fit as per
Rules,
11 ,.Effect of suspension of Fire Officer
The powers functions and privileges vested in a Fire Officer shall remain suspended
while such Fire Officer is placed under suspension:
PROVIDED that notwfthstanding suthsuspênsion, such person hail continue to be
subject to the control of same authorities to which he would have been had he not
been placed undersuspension.
August 31, 2023 The Nagaland Gazette, Part-V 37
CHAPTER III
FIRE E EMERGENCY RESPONSE
12- Response to Calls
The Fire Officer appointed by the State Government shalt respond to all fire and
emergency related calls as per Standard Operating Procedures prescribed in the Rules.
Calls related to any other emergencies shalt also be entertained by the Fire and
Emergency Service by order and as per Rules.
13. Personnel F1 scale of equipment
The Director or Fire Officer shalt ensure deployment of Fire and Emergency Service,
resources, equipment and fire personnel at stand-by duties during any fire response or
any other emergency as specified in the Rules.
14. Operation Management
The Director or Fire Officer shalt provide details of planning, organizing and
deployment of the staff & ensure regular monitoring of the site as per Rules.
1 5 Powers of Employees of the Fire and Emergency Service on occasion of fire
and/or rescue:
On the occasion of fire rescue in any area in which this Act is in force, any member of
the Fire and Emergency Service, who is in-charge of firefighting operations on the
spot, may-
(1) remove, or order any other member of the Fire and Emergency Service to
remove any person who by his presence interferes with or impedes the
operation for extinguishing the fire or for saving tile or property;
(2) close any Street or passage in or near which a fire is being fought and / or
rescue work is in progress;
(3) for the purpose of extinguishing fire and carrying out rescue operation, break
into or through or putt dawn, any premises for the passage of hose or appliances
or cause them to be broken into or through or putted down, doing as little
damage as possible for the purpose of extinguishing firer
PROVIDED that, the owner or occupier, as the case may be, of any such
premises shall be paid reasonable compensation to the extent of the damage so
caused in such manner as may be prescribed in the Rules.
(4) require the Authority in charge of water supply in the area to regulate the water
mains so as to provide water at a specified pressure at the place where fire has
broken out and utilize the water of any stream, cistern, well or tank or of any
available source of water, public or private, for the purpose of extinguishing or
Limiting the spread of such fire and carrying out rescue operations as prescribed
in the Rules;
(5) exercise the same powers for dispersing an assembly of persons likely to
obstruct the firefighting operations as if he were an officer-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;
(6) arrest a person who willfully obstructs and hinders a Fire and Emergency Service
personnel in firefighting and rescue operations and shalt hand him over to a
police officer or at the nearest police station without avoidable delay along with
a brief note giving the time, date and reason of arrest;
38 The Nagaland Gazette, Part-V August 31, 2023
(7) enter into agreement with any person who employs and maintains personnel or
equipmert or both for fire-fighting purposes, to secure, on such terms as may
be prescribed, for the purpose of dealing with fires occurring in any area;
(8) take such measures as may appear to him to be necessary for extinguishing the
fire or for the protection of life or property, or both.
(9) Authorized to requisite Police for security, traffic regulation and Government
Ambulance service in case of fire or any other emergencies as deem fit.
(10) While responding to emergency calls, the vehicle or personnel of the Fire ft
Emergency Services shalt have the Right Of Way over National Highways, State
Highways, village roads or any other roads or ways and also the Fire Et
Emergency Services shall have the Right Of Way by use of force if deemed
fit/necessary.
CHAPTER IV
WATER SUPPLY
16. Power to arrange for water supply during emergency
It shalt be Lawful for the Director or Fire Officer of the fire-fighting operations to draw
water from any source in the area which he considers necessary during fire-fighting
operations and on such occasions as may be required and the Authority or owner or
occupier having control over such water source shalt supply water for that purpose at
such rates as may be prescribed.
17. Duty to arrange water supply
The Director or Fire Officer shalt take all. reasonable measures for securing that an
adequate supply of water will be available for the use in the event of fire as per the
Rules.
18. Power to enter into Agreement for Water Supply
The Director or Fire Officer may enter into an agreement with an agency for meeting
demand of water supply and emergent need of water as per the procedures and terms
and conditions for the payment to the third party, prescribed under the Rules.
19. No compensation for interruption of water supply
No Authority in charge of water supply in any area shaLl be Liable to any claim for
compensation for damage by reason of any interruption of supply of water caused in
compliance with sub-section (4) of Section 15.
20. Compensation of water
No charge shalt be made by any Local Authority for water consumed in fire fighting
operations by the Fire and Emergency Service.
August 31, 2023 The Nagaland Gazette, Part-V 39
CHAPTER V
GENERAL MEASURES FOR FIRE a EMERGENCY PREVENTION AND LIFE SAFETY MEASURES
21. Preventive Measures
A) Fire Prevention and Audit Wing.
There shall be a fire prevention and Audit wing in the Nagaland Fire 0
Emergency Services which shall consist of such number of inspecting Officers
and other Staff as determine by the State Government.
The Director will be responsthle for smooth and efficient operation of the Fire
Prevention and Audit wing.
The Fire Prevention and Audit wing shalt determine the building plan referred
to Fire Services by local authority or any other statutory authority from fire
prevention and fire safety point of view and issue directives for compliance by'
the builder ) owner or occupier as per National Building Code of India and
existing building State building bylaws.
The function of the inspecting officer shall be to oversee and implement in
section 21(1)., 21(2), 22, 23, 24, 25, 26, 27, 28,;F±32.
(1) The State Government may, by notification, 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.
a) Paridal having seating capacity mare than 50 persons or covered area more than
50 square meters,
"b.) Residential buildings (other than hotels and guest houses).having height more
than 15 meters or having ground plus four upper Lories in1uding mezzanine
floor.
c Hotels and guest houses having heiglu more than 12 meters having ground plus
three upper stories. melud ing mezzanine floor.
Educational buildings liivmg height more than 9 meters or having ground plus
two upper stones including mezzamne floor.
.e) Institutional buildings havingheight more than 9. meters or having groundplus
two upper stories including mezzanine floor.
All. Assembly buildings.
Business. buildings having height mOrc than 15 meters or having ground plus
four upper stories including mezzanine floor.
h) Mercantile buildings having height more than 9 meters or having ground plus
two upper Stories, including mezzanine floor.
1)' Industrial 'buildings having, covered area on all floors more than 250.square.rnete.rs.
J) , Storage buildings having covered area on all floors more than 250 square meters
All Hazardous buildings having covered area on all floors more than 100 square
meters.
1), Underground Structures.
rn) The cLiuse (a) to (I) shall be as necessitate to have Fire S4feLy Cerficate' as
specified in Section 24 Sub-Section (3)
(2) Where such notification has been issued, it shalt be lawful for the Director or Fire
Officer to direct the removal of objects or goods Likely to cause the risk of fire, to
a place of safety and on failure by the owner or occupier to do so, the Director or
Fire Officer may, after giving the owner or occupier a reasonable opportunity of
making the representation, seize, detain or remove such objects or goods.
40 The Nagaland Gazette, Part-V August 31, 2023
22. Fire Prevention and Life Safety measures in the pandals to be self-regulatory
(1) Notwithstanding anything contained in this Act, the erectors of pandals shall be
deemed to be self-regulators for taking fire prevention and life safety measures
prescribed under Section2l.
(2) The erector of a pandal shall display at a prominent place in the pandal, a
declaration in the prescribed form and under his/her own signature to the effect
that he / she has taken alt the prescribed fire prevention and fire safety measures
therein as notified by the state government.(see :Schedule of formats chapter
XII)
(3) It shalt be Lawful for the Director or Fire Officer to enter and inspect the pandat
with a view to verify the correctness of the declaration so made by the erector
under sub-section (2) and to point out the shortcomings, if any, with directions to
remove them within a specified time. If the directions of the inspecting officer
are not complied with within the time so given, the inspecting officer shall seat
the pandal.
(4) Any erector of a pandal who falsely declares that he has complied with the
prescribed fire prevention and fire safety measures in the pandat shall be deemed
to have committed an offence punishable under Section 40 of this Act.
23. Removal of encroachments or objects or goods likely to cause a risk of fire or
any obstruction to firefighting
(1) Where a notification has been issued under Section 21 and Section 22, it shalt be
lawful for the Director or Fire Officer to direct the removal of encroachments or
goods Likely to cause a risk of fire or any obstruction to firefighting, to a place of
safety, and on failure of the owner, occupier or erector, as the case may be, to
do so, the Director or Fire Officer may, after giving the owner or occupier or
erector, as the case may be, a reasonable opportunity of making representation,
report the matter to the Sub-Divisional Magistrate, in whose territorial
jurisdiction the premises or building or paridat is situated, requesting to
adjudicate the matter:
PROVIDED that where the Director considers such encroachments or objects or
goods to be an imminent cause of risk of fire or obstruction to firefighting, he may
direct the owner or the occupier or erector of such premises or building to
remove the encroachment or objects or goods forthwith and report the matter to
the District Magistrate] Deputy Commissioner accorcJingty(see :Schedule of
formats chapter XII)
(2) On receipt of a report under sub-section (1), the district Magistrate/ Deputy
Commissioner shall give, by means of a notice served in such manner as he may
think fit, a reasonable opportunity of showing cause against the removal of
encroachment or objects or goods likely to cause a risk of fire or obstruction to
firefighting. (see :Schedule of formats chapter XII)
(3) After giving the owner or occupier or erector, as the case may be, a reasonable
opportunity of making representation under sub-section (2), the District
Magistrate! Deputy Commissioner may make an order to seize, detain or remove
such encroachments or objects or goods as per prescribed Rules. (see :Schedule
of formats chapter XII)
(4) The person charged with the execution of the order as made in sub-section (3)
shall forthwith make an inventory of the objects and goods which he seizes under
such order, and shall, at the same time, give a written notice as may be
prescribed in this behalf, to the person in possession thereof at the time of
August 31, 2023 The Nagaland Gazette, Part-V 41
seizure, that the said objects or goods will be sold as therein mentioned if the
same are not claimed within the period stipulated in the said notice. (see
:Schedule of formats chapter XII)
(5) On the failure of the person in whose possessions the objects or goods were at the
time of seizure to claim the cei2ed goods pursuant to notice given under sub-
section (4), the District Magistrate/ Deputy Commissioner shall sell them
accordingly by public auction.
24. Owner or Occupiers liability to provide Fire Prevention and Life Safety Measures:
(1) Without prejudice to the provisions of National Building Codes of India, Model
Building Dye-laws by Ministry of Urban Development, Government of India, any
other law or Bye-Law, the owner or the occupier, who are either individually or
jointly responsible, of a building as classified by regulations or part thereof, shau
provide fire prevention and life safety measure therein:
PROVIDED that the owner or the occupier, as the case may be, shalt,-
(i) provide minimum fire-fighting and Life safety installations as provided
in the Bye-Law;
(ii) maintain the fire prevention and life safety measures in operational
condition at all times, in the mariner and specifications specified in
Bye- Law.
(2) Notwithstanding anything contained in any law for the time being In force, no
authority empowered to issue the occupancy certificate, shall issue the same,
unless it is satisfied that the owner or the occupier, either individually or jointly,
has complied with the provision as given in sub-section (1) of this Section.
(3) Without prejudice to the existing Building Bye laws applicable and enforcement of
National Building Codes by the State, following buildings shalt obtain Fire Safety
Certificate' from Fire and Emergency Service;
(1) Muttistoried buildings having more than 15 meter height;
(ii) SpeciaL buiLdings Like educational, hospitals, nursing homes,
institutional, assembly buildings , business, mercantile, industrial,
storage and hazardous buildings as defined in National Building
CodeZOl 6;
(iii) Mixed occupancies with any of the aforesaid occupancies having
>500 square meters area.
(iv) As specified in Section 21 (1)
(4) Owners of Buildings, under sub-section (3), shall ensure that such multi-storied or
special buildings be equipped with automatic sprinkler systems, fire alarms and
fire extinguishers to prevent or extinguish fire, as per the prescribed Rules.
(5) The owner or occupier, as the case may be, shalt furnish to the Fire Officer, a
certificate in the prescribed form issued by a Licensed agency regarding the
compliance of the fire prevention and Life safety measures in his building or part
thereof, as required by or under the provisions of this Act, and shalt also furnish
to the Fire 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) of
this Section. (see ., Schedule of formats chapter XII)
42 The Nagaland Gazette, Part-V August 31, 2023
(6) No person other than the Licensed agency, as specified in the National Building
Code of India or rule made under this Act, shalt 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.
25. Issue of Fire Safety Certificate/No Objection Certificate
(1) The Fire Officer shalt scrutinize the compliances with regard to the
requirement of Section 24 made by owners or occupiers or applicant, as the
case may be,, either Independently or jointly, after making necessary
Inquiry. if any, Issue fire safety certificate within a month of the application
subject to the condition that all necessary documents, designs, maps,
completion certificates etc. shalt be submitted by the owner or occupier or
applicant. On fulfilling the minimum requirements of Fire prevention,
protection and Life safety as per National Building code of India, building
Bylaws of the State or any codes/ directive issued by Central/ state
Government the Certificate to be issued by Fire Prevention Et Audit wing on
approval of the HOD/ Director of the Fire Et emergency Services.
The Fire Safety Certificate Issued under this act will, be Valid for 2 years
irrespective of occupancy subject to operational and maintenance of fire
safety Installations are ensured.(See: Schedule of formats chapter Xli)
(ii) If the owner or occupier, as the case may be, fails to comply with the
directions issued by the Fire Officer, the fire safety certificate, Issued under
Section 24 of this Act, shalt be cancelled after giving owner or occupier an
opportunity of hearing to show -cause(see: Schedule of formats chapter XII)
(iii) The owner or occupier of the building or premises, whose fire safety
certificate has been cancelled due to default on his part, shalt not be
entitled to occupy the building or premises on the ground of non-compliance
of fire prevention and Life safety measures under 5ection24.(see: Schedule
of formats chapter XI 1)
(iv) No person shall tamper with, alter, 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 doso.(see: Schedule of
formats chapter Xii)
26. Appointment & Functions of Fire Safety Officer
(1) To ensure effective fire prevention and life safety measures of the factory or
buildings or premises:
(1) shalt appoint a Fire Safety Officer who will be available on the premises, for
large educational complexes, business building with height 30m and above,
business building with height 30m and above, residential building with height
60m and above, institutional building of iSm and above, starred hotels, and
D6 occuparicy(National building code, 2016). (see: Schedule of formats
chapter XII)
(ii) Shalt appoint a fire safety officer, having such qualifications as prescribe in
National Building code of India, 2016 Part-IV Section 4.10 or qualified the
course conducted by Fire Et Emergency Services of the state or qualified
minimum sub-officer course conducted by National Fire Service College,
Nagpur.{see: Schedule of formats chapter XII)
(iii) Send the compliance report to the Fire Officer.
August 31, 2023 The Nagaland Gazette, Part -V 43
(2) The Fire Safety Officer so appointed under sub-section (1) shall be issued the
enrolment certificate by the HOD/Director under his signature and seat of the
office in the prescribed form. (see: Schedule of formats chapter XII)
(3) In case of a vacancy of the Fire Safety Officer appointed under sub-section
(1), either on resignation or otherwise, the owner and occupier or occupiers
individually or jointly, as the case may be, shalt be required to immediately
appoint the fire safety officer.
(4) in case of the non-appointment of the Fire Safety Officer, as envisaged under
sub-section (1), the Fire Officer may take such steps as he deems necessary,
which includes report to the Labor Commissioner for the closure of the
factory and in other cases to the relevant authority for necessary action
under relevant Law.
(5) The Fire Safety Officers shall undergo training at the Fire and Emergency
Service Training Institute as may be specified by the State Government in this
behalf:
PROVIDED that a person who has already undergone such training at
the National Fire Service College, Nagpur or at any other equivalent
institution recognized by the State Government, shall not be required to
undergo such a training.
27. (A) Power of Inspection
(1) The Director or Fire 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 thereof at any time between
sunrise and sunset where such inspection appears necessary for ascertaining the
adequacy or contravention of fire prevention and Life safety measures:
PROVIDED that, the Director or Fire 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,Excerpt shown. Open the full act in Lexace.