LexThe ODISHA FIRE SERVICE ACT, 1993
Odisha · state statute
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PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The Orissa Fire Service Act, 1993 Act 30 of 1993 Keyword(s): Fire Fighting Appliances, Fire Prevention and Fire Safety Measures, Fire Service, Fire Station 101 ORISSA ACT 30 OF 1993 THE O=A FIRE SERVICE Am, 1993 TABLE OF CONTmS 1. Short titlo, cxtent and commencement 2. Dehitions CONSTITUTION/MAINTENANC& SUP~NTENPENCB AND CONTROL OF FIRE SERVICE . . . - ,3 , , 3. Constitution of Orissa Fire Service 4. Appointment of Director, Offiurs and other members 5. Terms and conditions of service 5. Auxiliary be forca 7. Control and superintendence ., - .,, .. POWERS AND FUNCTIONS OF STA~ C30VERNMENT, DLRECTOR AND OTHER MEMBERS .,. ,.. . . . . 8. Powers of State Government to make orders with-respeot td ~irt'~c&ice ' 9. Powers exerciseable on occasion of lire , . . ' ... . . , 10. Preventive measures I I, Power to obtain iaformation 12 Despatch of fire-fighting personnel to other areas 13. Enquiry into origin of &e and report to Magistrate or Telasilda~,; : -- , : ;, : : ,; ;:: ., . . 14. Employment on other duties PENALTJES 15, Penalty for violation of duty 16. Failure to give information 17. Failure to take precautions 18. Wilful obstruction of be-fighting operation . - 19. Penalty for false repork CWR V MISCELLANEOUS , . 20. Liability of property owner to pay compensation 21. Police Officers to aid 22. Info~mation on outbreak of fire 23. Consumption of water 24. NO compensation for interruption of water-supply . 7. .. , . , 25. Protection of actio,~ taken -In good faith - , ., , 26. Pow= to make rules 27. Saving 28. Powm to remove difficulties ORISSA ACT 30 of 1995 LTHE ORZSSA FIRE SERVICE ACT, 1993 [ Recieved the assent of the Governor on the 27fh December 1993, first published in an extraordinary issue of the Orissa Gazer t e dated de 29th December 1993 j AN ACT TO PROVIDE FOR THE FIRE PREVENTION Am PIRE EAFEi'Y MWSUREE IN TEE mATE AND FOR TEIE CONSTITUTION OF A 6TATE FIRE GERVICB TO CARRY OUT FIRE FIGFlTING MEMUREG BE it enacted by thc Lcgisilature of tbe SLste of Ori~ra in the Fortp-fourth Year of the Republic of India as frllow- . CHAPTER I . PRELIMINARY ~h&t title, 1. (I) This Act may be calkd the Orissa Fire Service Act, 1993.' extent and ommenae- mon~ (2) It extends to the whole of the State cf Orissa. (3) This section and 2, 3, and 4 shall come into force at once, and the remaining provisions of this Act shall come into force rn such date as the State Governmeat may, by notification, appoint and' different dates may be appointed for different provisions of this Act and for dinerent areas, and any reference in any such provision to the c, mmencement of this Act shall, in relatlon to an area, be construed as a reference to the coming into force of tbat provision in tbat area: provided Ihat in any ark to which fire prevention or fire safety measures have been extended prior to the commencement of this section by the existing Fire Service Branch of Orissa Police administered and regulated by the Orissa Police Manual, it shall come info force in that area on the hppointed day. Mtions 2. In this Act, unless the context otherwise requires,- (a) "appointed day" means the date on which the Directcnr is eppojnted under section-4; (b) "building" means a house, outhouse, warehouse, godown, stable, latrine, urinal, shed, hut, wall (other than a boundary waII) or any other structure, whether of masonry, bricks, wood, mud, metal or other material; (c) "Director" means the Director of Firc Scrvicc arpointcd under section-4; (d) "fire fighting appliances" means 6re-engines, keescapes, accouo trements' equipments, tools, implcmenrs and things whatever used for fire-fighting, and includcs motor vehicles end other means of transport used in connection with fire-fight ing; (e) "fire prevention and fire safely masures" mcans such measurcs as are necessary for [he preventioo, control and fighting of fire and for ensuring the safety of life and property in case of fire; , (f 1 "Fire Service" means the Orissa Fire Service constituted under section 3; Cg) "Fire Station" includes any pcst or place as the State Govzrnment may, by general or special ordcr, declwe to be a Fire Station; (h) "locaI area'' means any area over which a IocaI authority has jurisdiction; (i) "member" means a member of I he Fire Service; (j) "~fficee-in-charge of Fire Stat~on" includes, when the O5cer-in-charge of the Fire Station is abscnt from the Stalion or is unable to perform his duties, the senior rn~ st member who is next in rank to: such okr present at the station; 4 (k) "premise$' means any land orI:any building or part:of a building appurtenant thereto; (I) "prescribed" means prescribed by rules; (m) "rules" mean6 rules made under this Act. .-. *For the Bill OrLsso GazdrrdExtraordinarg dated the 15th ~uly 1993 CNo; 936) For Select Committee Report Set O~SW Gazeftu ~xtraordh~, dated the 21sl October 1993 (NO. 1394) CONSTITUTION, MAINTENANCE, SUPERINTENDENCE AND cONTR OL OF FIRE SERVICE Constitution. 3. (1) On and from the appointed day, there shall be wn~tituted and mainteined of Origsa for the purpose of providing smooth and efiient fire fighting services in the State- FircScrvlca- a jk force to be called' the Orissa Fire Service, . of which. the entire firc fighting personnel forming the cxkting Fire Sewice Branch of the Orissa Police shalI be deemed to be the members. (2) The cxisting Fire Service Branoh of the Orissa Police shall cease to be a Branch cf the Orissa Police 00 and from the appointzd day. -ntment 4. (1) The Fire Service shall consist of -a -Director and such other officers and staff Of Duec'or* as its members, as may be prcs~ribed from time to time. oflicers and other members. (2) The State Government may appoint any person not below the rank of an Inspector-General of Pclice to be the Director of Fire Service who sha!l exercise such powers and discharge smh functions as are or may be conferred or Imposed by or under the provisions of this Act and the rules. (3) The State Government may appoint such other oficers under any prescribed drsignations to assist the Director, and the officers so appointed shall exercisr: such powers and perform such duties' as may be conferred or imposed by or under the provisions of this Act and the rules within such local areas as may be assigned to them by the Director. (4) Subject to rules, if any, the membere , and staff othcr than those specified under the preceding sub-sections shall be appointed by the Director or any other officer or officers as may bc authorised by the State .Goverjtment. Terns and 5. Th: terms and ccnditions of service oP the members shell, subject to the ~ndi~l~~ provisions of this Act, be governed by rules and regalstions as are applicable to' Of 'emice Government Servants. . , . , AuxilIw 6. Whenever it appears to the Statc Governant th t it is necessary to augment &e the Fire Service, it may, subjiject to rulee, if any, raise an auxiliary force by enrolment of voluntzers for such areas and cn such tvrms and conditions as it may deem fit. Con-I and 7. Tbe gznwal superintendznce and control of thc Fire Service throu&;ut the superinten- State shall vest in the Director. dence. CHAPTER 111 POWERS, AND FUNCTIONS OF STATE GOVERNMENT, DIRECTOR AND OTHER MEMBERS powen of 8. The Sbtc Government may from time to time make such general 01 special State orders as it thinks fit- Government to mak orders with (i) fa equipping the members with sich fire-fighting applihnces as it .deems reSpeclt0 porper; Fire seiviee* (iq for building or providing Fire stations, or hiring pleces, or accommodating the members and keeping its fire-fighting appliances; (iii), fur giving rewards to persons who have giwn notice of fires and to those who have rendered effective scnicc to the Fire Service on the occasion of fires in case of their accident6 while rendering such scrvice, or to their dependants wherc such accidents result in the death of such persons; (iv) far the speedy attendance of members with necessary fire-fighting appliance9 on the cccasion of any alarm cf fire; (Y) for striding thc members with necessary fue-hghting appliances beyond the limits of any area in which this Act is in force in order to extinguish fire in the neighbourhuod of such limits on such term6 and conditions as it deems proper; (vq for the employmtnt of the me.mbcrs, on such lerms and conditions as it deems proper, in any work not comected with extinguishing fire, ,for which the Fire Service may, in its opinion, be usefulIy and appropriately. : employed. powers *r 9. (I) On the occasion of Bre, the Director or any offikr cr member-in-chdge of omable On aFire Stationon the spot, may- ocraalon of B t~. (i) remove, or may ordei any member to .remove, any person who by his presence interferes with, or impedes, the operation for extinguishing the fire or for saving Iife 01 property; (ii) cto~: any street or passage in' CII: iear which a jire is burning; (iii) for the purpose of extinguishing ther,fire, .enter, breakinto or through or pulI down any premises for the .,pzssagc r f fire fighting appliancis or cause them. tu be br~ke~ into or through or pulled dcwn, doiog : 6 little damage as possible; , . . , r . .- (iv) cause thc mains and pip=~ of an; Ares to. be shut off so as to give better prarure of water in the place ivhere Qe has occurred or broken out; . (v) cause the water of any stream, : cistern, -tank, we11 or other availa blq some , . of water-supply, public or private, to ,, be, UtiIised for the purpc6e of extingu~shing, or limiting the spread of such fire; - . . ,, . (vi) exercise the same pGwers for '.dispersing c,iy asscmbIy: ~f pcrson l&ely to obstruct the 6s-fighting operation, as, ,if he were an ohcr-ikcharge of. PoficcStation md as'if such an agenibl~ ivere an unlawful assembly, and shall bc enrided to the same imin'hnities and protection a6 such an officer, in respect L f the exercise o such pow~ri; and - (vii) generally take such measures as may appear nccPssary for extinguishing the fire ar for the przservation of life and $roperty. (2) Any damage done on the occasion df fire by th; members of fire servicein the due discharge of their duties shall be demed to be damage by ke within tbe meaning of any policy of insurance against fib.' ' i ' RwonUve 10. (1) The !State G~vernment may, b$ 'riowcaiion, require the owners or mcasraes. occupiers of permisesin any area in which this Act is in force cr cf any class of . premises wed in any such area for purposes which, in its opinion, are Ijkely to came risk of firc, to takesuch precautions as may be specified in tbe aotification. - (2) On the issue of the notification under sub-section (I), it shall be lawful for the Director or any membcr authsrised by the Statc Government in this behalf to dirtct the removal of objects cr glod6 .likely. to canso risk of fire to a place or safety and, on failure of the owner or occupier to do So, the Direelor or the member so authorised may, after giving the owiler or occupier a reasooablc opportunity of making representatton, seize, detain or remove such objects cr goods or cause the sa me to be seized, detained or removed. -, ,. Pow= to 11. (I) The Director or any member not below the rank of an Officer-in-charge of a Fire Station as may bo avrhorised by the Director, miry. for the purpose ofobtaining information for fire-fighting purposes? require the Gwner or occupicr of any building or other property to supply such lnformatlon with respect to the character of such buiIding or other property, the available ,water-supplies and-the meansof access thcrcto and such owner or ccc~picr'sball furnish all tbe information so required. 12) If any information required under sub-section (1). is not famished within a reasonable time, or tbe Director or the member so authorised bas rea6c.n to belicve that any information iurnished is inaccurate, the Director or the member 60 autho- rjscd may, for the purpose of obtaining c.r verifying thc informatiqn, enter into any such building or any place, with or without assistance, after giving- such ootice to the owner or ccc~pier as may be prwcribed : - Provided that - (a) a7 such entry shall be made between sun-set and sun-rise ; and .. . 0' . . . ,, . . - (b) due regard shall always be had, so far a6 mgy 'be' dohpatible with the' , exipnci& ' of the : p.orpwe for which the, ente is made, to the social and' religio~ usascs of the occupants of the buiIdings cr places entered. (3) The Director or the member. referred to in sub-section (2) 6haU not use sny force far the purpose of effecting any entry under the said sub-section, unlearn - (a) mch entry cannot otherwise be effectcd ; and . . (b) there is reascjn to believe that any offence is being or has been committed against any provision of this Acr or any rule made thereunder. ~espatehof 12. The Direaor or my oEcer alithorised by the State Government in this flre-Wting behelf mEy, on the occasion of a -me .or other emergency in any arc a in which this pemnnd Act ie nc t in force, ordcr the despztcb of thc members w itb necessary fire-fighting other areas. appliances to carry on fire-Ghting c-perations in such other area and thereupon all the provisions of this Act and the rule made thereunder shall apply to such are a during the period of fire or emergency, as-the case may be, or during such perrod as the Director or the officer so authorid may spccify. :nqub into 13. In the case of any fire occurring witbin any area in which this Act is in force; of 6re the senior most officer in the rank amoqg the members in that area cr where the and!epa'o members are sent beyond the limits of any area in which this Act is in force to f Cxting-uisb fire in the neighbnur hood of such Iim ts, the senior most c fficer in thc ra& among the members so sent, shall ascertain the facts as to the origin and CaU6e of such fie and shall makea report thereon to the Magistrate or the TahasiIdar having jurisdiction in the place in which such fire r ccurred; and the said Magistrate or tht Tahasildar, as the case may be, inany cn6e whcrc he may deem fit, summon witnesses and take evidence in order to further ascertain such facts. EmpIoyment 14. It shall be lawful for the Stdte Government cr any oficer authoriscd by it in On Other this behalf to employ the memwrs upon any rescue, salvage or other works fcr which duties. the membrs are suiiabIe by reason c,f their expericace and the fuc-fighting appliances. CHAP~R zv .'I PENALTIES Penalty for dolation of 15. Any mcmbtr who- . , duty. (a) is found ta be gulity of violation cjf any duty or wilful breach of any provision of this Act or any rules or order made thereunder ; or (b) is found to be gsilty of cowardice-; or (c) withdraws from the duties of his office without pennissicn or without having given previous not ice of at leest two months ; or (6) hing absent on leave,. faiIs without reaconable cause to report himselffor duty on the expiration of such laves, Shall, cin conviction, be punishable with imprisonment which may extend to three months, or with he which my rxtend.to an amcunt not: exceeding three months' pay of such member, or with both; Failure to 16. Any pcrson who, without just cahse; fails to c0mrnul:icate the information in @VC Infor- hihis possession regarding outbreak of fire, shall on conviction be punishable with metion. simple imprisonment for a term which may extend to c ne month, or with line which may extend to five hundr~d rupees. cr with both. Fdum to 17. Any person whs fails, withour reasoeable cause, to comply with the reqtlire- *ah preau- ments specified in a notification issued under sub-section (I) of Section 10 c.r of a ions. direction issued undcr sub-scction (2) of that scction shall, on conviction, be panishablc with a he which may extend to five hundred rupees. wilful 18. Any person who wilCulIy obstructs or interferes' with any - member engaged obstructIan in firefighting operations shall, on conviction, be punishable with imprisonment of fie- which may extend to three months, or with he which may extend to five hundred rupees, or with both. Penalty for l9, Any person who knowingly gives or causes to be given a faIse report of the Ieport outbreak of fire to any persou authorised to receive scch report by means of a statement, message or otherwise shall, on conviction, be phnishable with imprison- ment which may extend to three months, or with . he which may extend to five hundred rupees, or with both. Ti CHAPTER- V MISCELLANEOUS ' - Liabui'y of 20. Any person whose property catches firc on , account of any act of his own Eft:: pay or his agent, deliberately or by criminal negligence, shall be liable to pay . compco- compensation to any ofher person or persons suffering damage to his property on salron. account of any action taken under clauses (iii) and (v) or Section 9 by any oficer or rnehl;er mentioned therein or any person acling under the authorily OF any such officer or mcrnber. Police Oscers ro i 21. It shall benthe duly of the police Officers of all rankslto rid the members in - aid. the execution of their duties under this Act. Informalion 22. Any person who pcssesscs any information regarding an outbreak of fire shalI On communicate the same, without delay, to t hc nearest Firc Station. ' of 8rc Consum~rion . 23. No charge shall be made by any local authority for water consumed by the OF Fire Service in fighting fires, filling static watcr tanks or such other purposes. No compcn- . 24. No authority in charge of watcr supply in any area shall be liable to any claim aation for for cornpensetion for damage causcd by reason of any interruption of s'upply of water - intermp~bn or,,t,, occasionedunderclause(iv)of Section9. SUPP~Y. Protection of 25. No suit, prosecution or other legal proceedings shall Iie against the Government action or any person including a member for anything which is done or intended to be in 'Ood done in good-faith in pursuance of this Act or any rub or orders made thereunder. faith.' Power to 26. (!) Tho' State Government, may, by' notification, make rules for carrying out- makc rules. the provisions of this Act. (2) Tn particular and without prejudice to the generality df the foregoing power, . . such rules may provide for the following matters, namely:- (a)'measure6 necessary For the prevention, control and hghting of fire and for ensuring the safety of Iife and property in case of fire; (b) the designations under which .the oficers may be appointed under sub-section (3) of Section 4 to assist the Director; (c) the marinep of appointment and the toms and condilians of service including their pay, alIowanccs and otbcr' remunerations, if any, their hours of duties, leave and other anciIlary matters; (d) lmetrers relating to auxiliary fire force that may be raiecd under Section 6; (e) the manner of service of notice under sub-section (2) of Section 11; (fl the employment of membtrs or use of any.firc:ghtidg appliances under section 12 in any area in which tbis Act .is not li force and the employment of the members under section 14 on special xzrvicts; (g) any other matter which is required to be, or may Be, prescribed. (3) Unit rules are made under this scctjoa, the rules in force jmmediately befors ' the appointed day and applicable to the Officers and staff oi the Fire Scwice Branch of the Orissa Police shall, so far as they are not inconsistent with the provisions of this Act, continue in force and apply to the members. (4) .All rulemade under this Act shall, as soon as may be after they are made, be laid before the State Legislature for a total period of fourteen days whicli may be comprised in one or more sessions and if during the said period the State Legislature makes anymodification therein, the mles shall thereafter have effect only in such modified form, so, however, that such modification shall be without prejudice to the. validity of any thing previously done under the rules. Saving. 27. Nothing in this Act =hall be dccmed to limit, mod& or derogate from the . general responsibility of any local or other authorify under any law fm the time bang ih force in the matter of !ire-fighting or fire prevention. Power to remove 28. 1f any doubt or d~cul~ arises h gluing effect lo the provisions of tbie Act, di~mlti*l, the State Government may, as occasion may require, by order, do anything iot inconsistent with the provisions of this Act or the rules made thereunder, which appear, - to, be necessary for the purpose of removing the doubt or dificulty: ' Providd that no order shall be isuad under this section after the expirybf a period of two ymts from lhc date of commcncoment of this Act.