LexThe Telangana Fire Service Act, 1999.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA FIRE SERVICE ACT, 1999.
(ACT NO. 15 OF 1999)
ARRANGEMENT OF SECTIONS
Sections
CHAPTER - I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
3. Maintenance of Fire Service.
4. Appointment of Director General of Fire Services.
5. Superintendence and control of service.
6. Appointment of members of service.
7. Issue of certificate to members of service.
8. Auxiliary fire services.
CHAPTER - II
POWERS OF THE GOVERNMENT, DIRECTOR
GENERAL AND MEMBERS OF THE SERVICE
9. Powers of the Government to make orders.
10. Powers of Members of service on occasions of fire.
11. Power of the Officer-in-charge of fire fighting to make
arrangements for supply of water.
12. Powers of Director General to enter into
arrangements for assistance.
13. Issue of a no objection certificate.
CHAPTER - III
PREVENTIVE MEASURES
14. Preventive measures.
2 [Act No. 15 of 1999]
15. Purposes for which places may not be used without
licence.
16. Application for grant of licence.
17. Grant of licence.
18. Duration of licence.
19. Owner’s or occupier’s liability to provide for fire
prevention and fire safety measures.
20. Right of inspection.
21. Notice regarding fire prevention and fire safety
measures.
22. Steps to be taken in the event of non-compliance of
notice.
CHAPTER - IV
EXPENDITURE OF MAINTENANCE OF SERVICE
23. Expenditure on service.
24. Fees.
25. Imposition and collection of fee.
CHAPTER - V
PENALTIES
26. Penalty for violations of duty etc.
27. Penalty for failure to take precautions.
28. Penalty for willfully obstructing fire fighting
operations.
29. Penalty for false report.
30. Penalty for failure to take out licence.
31. Penalties.
32. Offences by Companies.
[Act No. 15 of 1999] 3
33. Compounding or withdrawal of proceedings.
CHAPTER - VI
GENERAL AND MISCELLANEOUS
34. Training Centres.
35. Levy of training fee.
36. Levy of fire tax.
37. Bar of other employment.
38. Transfer to other areas.
39. Employment on other duties.
40. Power to obtain information.
41. Consumption of water.
42. No compensation for interruption of water supply.
43. Police Officers to aid.
44. Cognizance of Offences.
45. Protection of action taken in good faith.
46. Restrictions respecting right to form association,
freedom of speech, etc.
47. Power to make rules.
THE TELANGANA FIRE SERVICE ACT, 1999.1
Act No. 15 of 1999.
CHAPTER-I
PRELIMINARY
1. (1) This Act may be called the 2Telangana Fire Service
Act, 1999.
(2) It extends to the whole of the State of 2Telangana.
(3) It shall come into force on such date as the
Government, may, by notification in the 2Telangana Gazette,
appoint.
2. In this Act, unless the context otherwise requires,-
(a) ―building’’ includes a high-rise building, house, out -
house, stable, godown, shed, hut, wall (other than a
boundary wall), fencing, platform and any other structure
whether of masonry, bricks, wood, mud, metal or of any
other material whatsoever;
(b) ―building bye laws ‖ means the building bye-laws
rules or regulations under any relevant municipal law and
includes the development control rules or any other building
rules or regulations made under any other law for the time
being in force and are in operation;
1. The Andhra Pradesh Fire Service Act, 1999 received the asse nt of the
President on the 1 st June, 1999. The said Act in force in the combined
State, as on 02.06.2014, has been adapted to the State of Telangana,
under section 101 of the Andhra Pradesh Reorganisation Act, 2014
(Central Act 6 of 2014) vide. the Notification issue d in G.O.Ms.No.75,
Home (Legal) Department, dated 17.11.2015.
2. Substituted by G.O.Ms.No.75, Home (Le gal) Department, dated
17.11.2015.
Short title, extent
and
commencement.
Definitions.
2 [Act No.15 of 1999]
(c) ―Director General‖ means the Director General of
Fire Services appointed under section 4;
(d) ―fire fighting property‖ includes,-
(i) lands and buildings used as fire stations and static
water tanks;
(ii) fire engines, equipments, tools, implements and
whatsoever used for fire-fighting;
(iii) motor vehicles and other means of transport used
in connection with fire fighting; and
(iv) Uniforms and badges of rank;
(e) ―fire station‖ means any place declared generally or
specially, by the Government to be a fire station;
(f) ―form‖ means a form appended to this Act;
(g) ―Government‖ means the State Government;
(h) ―high-rise building ‖ means a b uilding the height of
which is 3[18 meters] or more from the surface level of the
land contiguous to such building;
(i) ―member of service ‖ means any person appointed
under section 6;
(j) 3[The National Building Code of Ind ia as amended
from time to time] means the book containing Fire
Prevention and Safety measures to be i mplemented in the
buildings, places, premises, workshops, w arehouses and
industries published by the Indian Standards Institution;
3. Substituted by Act No.21 of 2006.
[Act No.15 of 1999] 3
(k) ―notification‖ means a notification published in the
4Telangana Gazette and the word ―notified‖ shall be
construed accordingly;
(l) ―Occupier‖ includes,-
(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 payable;
(ii) an owner in occupation of or otherwise using his
land or building;
(iii) a rent-free tenant of any land or building;
(iv) a licens ee in occupation of any land or building;
and
(v) any person w ho is liable to pay to the owner
damages for the use and occupation of any land or building;
(m) ―Officer-in-charge of Fire Station ‖ includes when
the officer -in-charge of the fire station is absent from the
station or unable from illness or other cause, to perform his
duties, the fire officer next in rank to such officer and present
at the station;
(n) ―Owner‖ includes a person who for the time being
is receiving or is entitled to receive the rent of any land or
building whether on his own account or a s an agent,
trustee, guardian or receiver or any other person who
should receive the rent or be entitled to receive it if the land
or building or part thereof were let out to a tenant;
4. Substituted by G.O.Ms.No.75, Home (Legal ) Department, dated
17.11.2015.
4 [Act No.15 of 1999]
(o) ―prescribed‖ means prescribed by rules made by
the Government under this Act;
(p) ―Service‖ means the 5Telangana Fire Service
established and maintained under this Act;
(q) ―State‖ means the State of 5Telangana.
3. There shall be established and maintained, by the
Government a service to be called the 5Telangana Fire
Service.
4. The Government may appoint a person to be the
Director General of Fire Services and such other Officers
and staff as may be necessary from time to time to assist the
Director-General in the discharge of his functions.
5. The superintendence and control of the service shall
vest with the Director General and shall be carried on by him
in accordance with the provisions of this Act and the rules
made thereunder.
6. The Director General or such other officer of the service
as the Government may authorize in this behalf may appoint
members of the service in accordance with the rules made
under this Act.
7. (1) Every person shall, on appointment to the service
receive a certificate in the prescribed form under the seal of
the Director General or an officer authorised in this behalf by
the Government; and thereupon such person shall have the
powers, functions and privileges as are entrusted under this
Act, or the rules made thereunder.
5. Substituted by G.O.Ms.No.75, Home (Legal) Department, dated
17.11.2015.
Maintenance of
Fire Service.
Appointment of
Director General
of Fire Services.
Superintendence
and control of
service.
Appointment of
members of
service.
Issue of certificate
to members of
service.
[Act No.15 of 1999] 5
(2) The c ertificate 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 an officer empowered to receive the same.
(3) The powers, functions and privileges vested with
any member of the s ervice shall, during the period of his
suspension from service be in abeyance but such member
shall continue to be subject to the same discipline and
penalties as if he had not been suspended.
8. (1) Whenever it appears to the Government that it is
necessary to augment the service, they may raise an
auxiliary service by enrolment of volunteers for such areas
and on such terms and conditions as they may deem fit.
(2) Every member of the auxiliary service enro lled
under sub-section (1) shall,-
(a) receive a certificate in the prescribed form;
(b) be vested with all or any of the powers, functions
and privileges of a member of the s ervice as are specially
mentioned in the certificate; and
(c) be subject to the orders of the Director General.
CHAPTER – II
POWERS OF THE GOVERNMENT, DIRECTOR GENERAL
AND MEMBERS OF THE SERVICE
9. The Government may, from time to time, make such
general or special orders as they may think fit,-
Auxiliary fire
services.
Powers of the
Government to
make orders.
6 [Act No.15 of 1999]
(a) for providing the service with such appliances and
equipment as they deem proper;
(b) for providing adequate supply of water and for
ensuring that it shall be available for use;
(c) for constructing or providing places for fire s tations
or accommodating the members of the service or fire
fighting appliances;
(d) for giving rewards to persons who have given
information r egarding the occurrence of fire and to those
who have effectively assisted t he service on occasions of
fire;
(e) for the training, discipline and good conduct of the
members of the services;
(f) for the speedy attendance of members of the service
with necessary appliances and equipment on the occasion
of any alarm of fire;
(g) for sending members of the servi ces 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;
(h) for the employment of the members of the service
in any rescue, salvage, or other similar work;
(i) for regulating and controlling the powers, dutie s and
functions of the Director General; and
(j) generally for the maintenance of the service in a
due state of efficiency.
[Act No.15 of 1999] 7
10. (1) On the occasion of fire in any area, the member of
the service who is in charge of fire fighting operations on the
spot may,-
(a) remove, or order any other member of the service
to remove, any person who by his p resence, interferes with
or impedes the operations for extinguishing the fire or for
saving life or property;
(b) close any street or passage in or near which fire is
burning;
(c) break into or through, or pull down, any premises,
for the passage of house or appliances or cause them to be
broken into or through, or pulled down, doing as little
damage as possible for the purpose of extinguishing fire:
Provided that the owner or occupier, as the case may
be, of any such premises shall be granted reasonable
compensation to the extent of the damage so caused in
such manner as may be prescribed;
(d) require the authority incharge of water supply in
the area to regulate the water mains so as to provide water
at a specified pressure at the place where the fire has
broken out and utilise the water of any stream, cistern, well
or tank or of any available source of water, public or private,
for the purpose of extinguishing or limiting the spread of
such fire;
(e) exercise the same powers for dispersing an
assembly of persons l ikely to obstruct the fire -fighting
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 officer, in respect of the exerci se of such
powers;
Powers of
members of
service on
occasion of fire.
8 [Act No.15 of 1999]
(f) generally take such measures as may appear
necessary for extinguishing the fire or for the protection of
life or property.
(2) Any damage done to any premises or property, on
the occasion of fire by members of the service in the due
discharge of their duties shall be deemed to be damage by
fire within the meaning of any policy of insurance against
fire.
11. It shall be lawful for the officer-in-charge of the fire
fighting operations to draw water from any source in the
area which he considers necessary for such operations and
on such occasions as may be required and the authority or
owner or occupier having control over such water sour ce
shall supply water for that purpose at such rates as may be
prescribed.
12. The Director General may enter into arrangements with
any person who employs and maintains personnel or
equipment or both for fire -fighting purposes, to secure, on
such terms as may be prescribed, the provision by that
person of assistance for the purpose of dealing with fires
occurring in any area in which this Act is in force.
13. 6[(1) Any person proposing to construct a building of
more than 15 meters height for commercial/business
purpose, 18 meters and above height for residential
purpose, and buildings of public congregation like schools,
cinema halls, function halls, religious places, which are
more than 500 Sq. Meters in plot area or 6 meters and
above in height shall apply to the Director General or any
member of the service duly authorized by him in this behalf,
before submission of such building plans to th e authority or
6. Substituted by Act No.32 of 2000 and subsequently substituted by Act
No.21 of 2006.
Power of the
officer-in-charge
of fire fighting to
make
arrangements for
supply of water.
Powers of Director
General to enter
into arrangements
for assistance.
Issue of a no
objection
certificate.
[Act No.15 of 1999] 9
officer competent to approve the same under the relevant
law, for the time being in force, for a no objection certificate
along with such fee as may be prescribed.]
7[(2) The Director General or any member of the
service duly authorised by him in this behalf, shall within
sixty days of receipt of such application or on inspection
being satisfied about the provision of Fire Prevention and
Safety measures as stipulated in the National Building Code
of India, as amended from time to time, and for ensuring
heights and setbacks as per the Hyderabad Municipal
Corporation Act, 1955, Telangana Urban Areas
(Development) Act, 1975, Hyderabad Metropolitan
Development Authority (HMDA) Act, 2008, Telangana
Municipal Corporations Act, 1994, Telangana Muni cipalities
Act, 1965, 8Telangana Town Planning Act, 1920 and Rules,
made thereunder as amended from time to time shall issue
a no objection certificate with such conditions as may be
considered necessary and if not so satisfied, reject the same
for reasons to be recorded in writing.]
(3) The authority or o fficer competent to approve th e
building plans before construction under, the relevant law
for the time being, in force, shall not accord such approval
except on production of a no objection certificate issued,
under sub-section (2) wherever required.
(4) Any person violating the con ditions of a no
objection certificate shall be liable to be proceeded against
under the provisions of this Act.
7. Substituted by G.O.Ms.No.75, Home (Legal ) Department, dated
17.11.2015.
8. Adapted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
10 [Act No.15 of 1999]
CHAPTER – III
PREVENTIVE MEASURES
14. (1) The Government or any officer authorised by the
Government in this behalf may, by notification , require the
owners or occupiers of the premises used for purposes
which in their opinion, are likely to cause a risk of fire, to
take such precautions as may be specified in such
notification.
(2) Where a notification has been issued under sub -
section (1), it shall be lawful for the Director General or any
other officer of the service autho rised by the Government in
this behalf to direct in writing the removal of objects or
goods likely to cause a r isk of fire, to a place of safety; and
on failure of the owner or occupier to do so, the Director -
General or such other officer may, after giving the owner or
occupier a reasonable opportunity of making a
representation, seize, detain or remove such object s or
goods or order the closure of the premises.
15. Notwithstanding anything contained in any other law
for the time being in force, the Government may by
notification declare that no place wi thin any area, as may be
specified shall be used for any one or more of the purposes
which in their opinion constitute a fire risk except in
accordance with the terms and conditions of a licence to be
issued by an officer of the service duly authorised in this
behalf by the Government (hereinafter referred to as the
authorised officer) subject to the payment of such fee as
may be prescribed.
16. The owner or occupier of any place using it for any one
or more of the purposes mentioned in the notification issued
under section 15, shall, within thirty days from the date of
the notification make an application together with the
prescribed fee, to the authorised Officer having jurisdiction
Preventive
measures.
Purposes for
which places may
not be used
without licence.
Application for
grant of Licence.
[Act No.15 of 1999] 11
over the area, in which such place i s situated for a licence
for the use of such place for such purpose.
17. (1) The authorised officer, after due verification, shall
within a period of sixt y days from the date of applica tion
under section 16, grant the license with such conditions as
he may think fit and necessary, or for reasons to be
recorded in writing, reject the application for license. If no
order is passed under this sub-section within the time limit
specified, the license applied for shall be deemed to have
been granted, subject to the application for license being in
conformity with the provisions of this Act.
(2) Against every order of the authorised officer
refusing to grant a licence, an appeal shall lie to the Director
General within thirty days from the date of receipt of the
order.
18. Every licence granted under section 17 shall be valid
for a period of three years, or for such lesser period as may
be specified in the licence and may be renewed from time to
time for a similar or lesser period as may be specified in the
renewed licence and may be cancelled for reasons to be
recorded in writing.
19. (1) The owner or occupier or both, of a building or part
thereof shall provide fire safety measures in it and maintain
them in good repair and efficient condition at all times, in
accordance with the building bye-laws:
Provided that, the owner, or occupier of the building or
part thereof, the construction of which was completed on or
before the date on which this Act comes in to force or which
was under con struction on such date shall undertake and
carry out such additional fire pre vention and fire safety
measures, required under the building bye -laws in force, as
are specified in the notice served on him under section 21.
Grant of licence.
Duration of
licence.
Owner’s or
occupier’s liability
to provide for fire
prevention and
fire safety
measures.
12 [Act No.15 of 1999]
(2) No person shall tamper with, alter, remove or cause
any injury or damage to any fire prevention and fire safety
equipment installed in any building or part thereof or
instigate any other person to do so.
20. The authorised officer or any other member of the
service empowered by him in this behalf, may enter any
place, which, in his opinion, for re asons to be recorded,
constitutes a fire risk, and after service or affixture of a notice
in this behalf in the manner prescribed, make an inspection
of such place between sun-rise and sun-set in the discharge
of his duties under this Act:
Provided that such inspection may be made at any
time if an industry is working or an entertainment is going on
at such place or if the officer or member of the service
considers it absolutely necessary, for reasons to be
recorded in writing, to make an immediate inspec tion of
such place.
21. The authorised officer or any other member of the
service empowered by him in this behalf may, after
completion of the inspection of the building or premises or
part thereof, record his views on the deviations from or the
contraventions of, the building bye -laws with re gard to the
fire prevention and fire safety measures or the inadequacy
or non -compliance of such measures provided or to be
provided therein with reference to the height of the building
or premises or the nature of activities carried on in such
building or premises or part thereof, and issue a notice to
the owner or occupier of such building or premis es or part
thereof directing him to undertake such measures within
such time as may be specified in the notice.
22. The authorised officer or any other member of service
empowered by him in th is behalf may, in the event of non -
compliance of any notice issued under section 21, take
Right of
inspection.
Notice regarding
fire prevention
and fire safety
measures.
Steps to be taken
in the event of
non-compliance
of notice.
[Act No.15 of 1999] 13
such steps as may be necessary for the compliance of such
notice.
CHAPTER –IV
EXPENDITURE OF MAINTENANCE OF SERVICE
23. (1) The expenditure in connection with the service shall
be met out of the Consolidated Fund of the State.
(2) Notwithstanding anything in any other law for the
time being in force the Government may recover from any
person or industry in any area such contribution towards the
cost of the portion of the service maintained in that area as
the Government may from time to time, direct.
24. Where members of the service are sent beyond the
limits of the State of Telangana in order to extinguish a fire in
the neighborhood of such limits, the owner or occupier of
the premises where the fire has occurred or spread shall be
liable to pay such fee as may be prescribed in this behalf.
25. (1) With effect from such date as the State Government
may by notification in the official gazette appoint in this
behalf, there shall be levied a fee for the purposes of this Act
on all owners of high -rise buildings within the jurisdiction of
the Director General or the nominated authority to which this
Act applies.
(2) The rate of such fee shall be not less than five
rupees but not more than ten rupees per square metre of
the built-up area of every high-rise building as shown in the
approved building plan of such building, as the Director
General may impose and the manner of imposition,
assessment and collection thereof shall be such as may be
prescribed.
Expenditure on
service.
Fees.
Imposition and
collection of fee.
14 [Act No.15 of 1999]
(3) The fee as herein before provided shall be payable
by the owner of every high -rise building along with the
applications submitted to the Director General for approval
of the building plans under the building bye-laws:
Provided that, in case of every high -rise building the
construction of which has been completed or commenced
within a period of five years before the coming into force of
this Act, such fee shall be payable within one month from
the receipt of notice of demand, in respect thereof by the
owner and if the owner is not the occupier, by the occupier
for the time being of the premises in respect of which such
fee is due:
Provided further that, where the owner or occupier fails
to pay such fee within the period as aforesaid, the same
shall be recoverable as if it were arrear of land revenue.
CHAPTER - V
PENALTIES
26. Any member of the service who,-
(a) is found guilty of any violation of duty or wilful
breach of any provision of this Act or any rule or order made
thereunder; or
(b) is found guilty of cowardice; or
(c) withdraws from the duties of his office without
permission; or
(d) being absent on leave, fails, without reasonable
cause, to report himself for duty on the expiration of such
leave; or
Penalty for
violation of duty
etc.
[Act No.15 of 1999] 15
(e) accepts any other employment or office in
contravention of the provision of section 37; or
(f) intentionally or knowingly causes or attempts to
cause disaffection towards the Government amongst the
members of the service, or induces or attempts to induce
any member of the service to withhold his services or
commit a breach of discipline; shall be punishable with
imprisonment for a term which may extend to three months
or with fine which may extend to three months pay of such
member, or with both.
27. Whoever fails, without reasonable cause, to comply
with any of the requirements spe cified in a notification
issued under sub-section (1) of section 14 or of a direction
issued under sub -section (2) of that section shall be
punishable with fine which may extend to five hundred
rupees.
28. Any person who wilfully and without any reasonable
cause obstructs or interferes with any member of the service
who is engaged in fire -fighting operations shall be
punishable with imprisonment for a term which may extend
to three months or wi th fine which may extend to fi ve
hundred rupees or with both.
29. Any person who knowingly gives or causes to be given
a false report of the outbreak of a fire to any person
authorised to receive such report by means of a statement,
message or otherwise, shall be punishable with
imprisonment for a term which may extend to three months
or with fine which may extend to five hundred rupees or with
both.
30. (1) whoever being bound to take out a licence under
the provisions of this Act fails to obtain a licence or fails to
comply with any of the conditions specified in the licence
Penalty for failure
to take
precautions.
Penalty for willfully
obstructing fire
fighting
operations.
Penalty for false
report.
Penalty for failure
to take out
licence.
16 [Act No.15 of 1999]
shall be served a show -cause notice requiring him to obtain
a licence or comply with any of the conditions specifi ed in
the licence, as the case may be, within such period as may
be prescribed.
(2) If he does not comply with the show -cause notice,
shall be punished with imprisonment for a term which may
extend to three months or with fine which may extend to five
thousand rupees or with both.
31. Whoever wilfully contravenes any provisions of this Act
or the rules made thereunder or fails to comply with any
requisition lawfully made upon him under any prov isions of
this Act shall, without prejudice to any other action taken
against him under section 22 be punishable with
imprisonment for a term which may extend to three months
or with fine which may extend to twenty five thousand
rupees or with both; and where the offence is a continuing
one, with a further fine which may extend to three thousand
rupees for every day during which such offence continues
after the conviction for the first such offence:
Provided that, in the absence of special and adequate
reasons to the contrary to be mentioned in the judgment of
the Court, such punishment shall not be less than one
month and such fine shall not be less than five thousand
rupees or such daily fine shall not be less than one hundred
rupees per day for a continuing offence.
32. (1) Where an offence under this Act has been
committed by a Company, every person who, at the time the
offence was committed, was in charge of, and was
responsible to, the company of the conduct of the business
of the company, as well as the company, shall be deemed
to be guilty of the offence and shall be liable to be
proceeded against and punished accordingly:
Penalties.
Offences by
Companies.
[Act No.15 of 1999] 17
Provided that, nothing contained in this sub -section
shall render any such person liable to any puni shment, if he
proves that the offence was committed without his
knowledge or that he had exercised all due diligence to
prevent the commission of such offence.
(2) Notwithstanding anything contained in sub -section
(1), where any offence under this Act has been committed
by a Company and it is proved that the offence has been
committed with the consent or connivance of, or is
attributable to any neglect on the part of, any director,
manager, secretary or other officer of the company, such
director, manag er, secretary or other officer shall also be
deemed to be guilty of that offence and shall be liable to be
proceeded against and punished accordingly.
Explanation: For the purposes of this section,—
(a) ―Company‖ means any body corpo rate an d
includes a firm or other association of individuals; and
(b) ―Director‖ in relation to a firm, means a partner in
the firm.
33. (1) The Director General or any person authorised in
this behalf by him by general or special order may either
before or after the institution of the proceedin gs, and for
reasons to be recor ded in writing, compound any offence
made punishable by or under this Act or the rules made
thereunder or withdraw from the proceedings.
(2) When an offence has been compounded, the
offender, if in custody, shall be dis charged, and no further
proceedings shall be taken against him in respect of the
offence compounded.
Compounding or
withdrawal of
proceedings.
18 [Act No.15 of 1999]
CHAPTER - VI
GENERAL AND MISCELLANEOUS
34. The Government may establish and maintain one or
more training centres in the State for providing courses of
instruction in the prevention and extinguish ment of fire and
may close down or re-establish any such centre.
35. The Government may prescribe such fee and such
procedure as it may deem fit for providing a course of
instruction in the prevention and extinguishment of fire.
36. (1) There may be levied a fire tax on lands and
buildings which are situated in any area in which this Act is
in force and on which property tax by whatever name called
is levied by any local authority in the area.
(2) the fire tax shall be levied by notification in the
Official Gazette at such rate as ma y be specified but not
exceeding five per cent of the total amount of the property
tax in the form of a surcharge.
37. (1) No member of the service shall engage himself in
any employment or office other than his duties under this
Act unless expressly permitted to do so by the Director
General.
(2) Every member of the service shall be considered to
be always on duty and is bound at any time to attend at any
place and to any duty relevant to the service within or
outside the state.
38. The Director General or any officer authorised by the
Government in this behalf may on occasions of fire or other
emergency in any neighbouring area in which this Act is not
in force, order the despatch of the member s of the service
with necessary appliances and equipment to carry out fire-
Training Centres.
Levy of training
fee.
Levy of fire tax.
Bar of other
employment.
Transfer to other
areas.
[Act No.15 of 1999] 19
fighting operations in such ar ea and thereupon, all the
provisions of this Act and the rules made thereunder shall
apply to such area, during the period of fire or dur ing such
period as the Director General may specify.
39. It shall be lawful for the Government or any officer
authorised by them in this behalf to employ the service in
any rescue, salvage or other work for which it is suitable by
reason of its training, appliances and equipment.
40. Any officer of the service not below the rank of an
officer-in-charge of a fire station 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 in his possession, with respect to the character
of such building or other pro perty, the available water
supplies and the means of access thereto and other
material particulars.
41. No charge shall be made by any local authority for
water consumed in the fire -fighting operations or exercises
by the service or for installation and maintenance of
hydrants, static water tanks or any other arrangement of
water supply for fire -fighting purposes within the jurisdiction
of the said authority.
42. No authority in-charge of water supply in an area shall
be liable to any claim for compensation for damage by
reason of any interruption to supply of water occasioned
only by compliance of such authority with the requirements
specified in section 10.
43. It shall be the duty of Police Officers of all ranks to aid
the members of the service in the execution of their duties
under this Act.
Employment on
other duties.
Power to obtain
information.
Consumption of
water.
No compensation
for interruption of
water supply.
Police Officers to
aid.
20 [Act No.15 of 1999]
44. Save in the case of cognizable offences, no court shall
take cognizance of an offence under this Act or the rules
made thereunder except on the complaint of, or upon
information received from the Director General or any other
officer nominated by him in this behalf.
45. No suit, prosecution or other legal proceedings shall lie
against any authority, officer or member of the service for
anything which is in good faith done or intended to be done
in pursuance of t his Act or any rule or order made
thereunder.
46. (1) No member of fire service shall, without the express
sanction of the Government or of the prescribed authority,-
(a) be a member of, or be associated in any way with,
any trade union, labour union, political association or with
any class of trade unions, labour unions or political
associations; or
(b) be a member of, or be associated in any way with,
any other soc iety, institution, association or organisation
that is not recognised as part of the fire service of which he
is a member or is not of a purely social, recreational or
religious nature; or
(c) communicate with the press or publish or, cause
to be publis hed any letter or other document except where
such communication or publication is in the bonafide
discharge of his duties or is of a pure ly literary, or artistic
character or is of a prescribed nature.
Explanation:- If any question arises as to whether any
society, institution, association or organisation is of a purely
social, recreational or religious nature under clause (b) of
this sub -section, the decision of the Government thereon
shall be final.
Cognizance of
Offences.
Protection of
action taken in
good faith.
Restrictions
respecting right to
form association,
freedom of
speech, etc.
[Act No.15 of 1999] 21
(2) No member of fire service shall participate in, or
address, any meeting or take part in any demonstration
organised by any body of persons for any political purposes
or for such other purposes as may be prescribed.
(3) Any person who contravenes the provisions of sub-
section (1) or sub -section (2) shall without prejudice to any
other action that may be taken against h im, be punishable
with imprison ment for a term which may extend to two
years, or with fine which may extend to two hundred rupees
or with both.
47. (1) The Government may, by notification, make rules
for carrying out all or any of the purposes of this Act.
(2) In particular and without prejudice to the generality
of the foregoing power, such rules may provide for,-
(a) the number and grades of officers of the service;
(b) the manner of appointment of members of the
service;
(c) the form of the certificate to be issued to the
members of the service;
(d) the conditions of service of the members of the
service;
(e) the circumstances in which and the conditions
(including the levy of fee) subject to which the members of
the service may be despatched to carry on fire -fighting
operations in the neighbouring areas;
(f) the conditions subject to which members of th e
service may be employed in rescue, salvage or other work;
Power to make
rules.
22 [Act No.15 of 1999]
(g) the manner of service of notice under this Act;
(h) the payment of rewards to persons, not being
members of the service, for any substantial assistance
rendered by them for fire-fighting purposes;
(i) the compensation payable to members of the
service in case of accidents or to their dependants in case
of death while engaged on duty;
(j) employment of members of the service or use of
any equipment outside the area or on special service and
the fee payable therefor; and
(k) any other matter which is required to be or may
be prescribed.
(3) Every rule made under this Act shall, immediately
after it is made, be laid before the Legislature of the State if it
is in session, and if it is not in session, in the session
immediately following for a total period of fourteen days
which may be comprised in one session or in two
successive sessions and if be fore the expiration of the
session in which it is so laid or the session immediately
following, the Legislature agrees in making any modification
in the rule or in the annulment of the rule, the rule shall from
the date on which the modification or annulme nt is notified
have effect only in such modified form or shall stand
annulled, as the case may be, so however that any such
modification or annulment shall be without prejudice to the
validity of anything previously done under that rule.
* * *