LexThe Uttar Pradesh Fire And Emergency Service Act
Uttar Pradesh · state statute
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THE UTTAR PRADESH FIRE AND EMERGENCY SERVICES ACT, 2022
(U.P. Act no. 16 of 2022)
[As passed by the Uttar Pradesh Legislature]
Amended by
U.P. Act No. 10 of 2026
IN pursuance of the provisions of clause (3) of Article 348 of the Constitution of India, the
Governor is pleased to order the publication of the following English translation of the Uttar Pradesh
Agnishaman Tatha Aapaat Sewa Adhiniyam, 2022, (Uttar Pradesh Adhiniyam Sankhya 16 of 2022) as
passed by the Uttar Pradesh Legislature and assented to by the Governor on December 13, 2022. The Grih
(Police) Anubhag-8 is administratively concerned with the said Adhiniyam.
AN
ACT
to provide for the maintenance of fire and emergency services for the State of
Uttar Pradesh and to provide for matters connected therewith and incidental thereto.
IT IS HEREBY enacted in the Seventy third year of the Republic of India as
follows :–
CHAPTER I
PRELIMINARY
Short title,
extent and
commencement
1. (1) This Act may be called the Uttar Pradesh Fire and Emergency
Services Act, 2022.
(2) It extends to the whole of the State of Uttar Pradesh.
(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.
Definitions
2. In this Act, unless the context otherwise requires,-
(a) “Appellate Authority” means an Officer appointed by the State
Government, who is at least two ranks higher than the Fire Officer as defined in
Section 45 of this Act;
(b)“Building” shall have the same meaning assigned to it in the relevant
municipal law or any law for the time being in force in the area in which this Act is in
force and includes places or premises comprising land or building, or part of a land or
building, whether authorized or otherwise, outhouses, if any, pertaining to such
building or part thereof and petrol, diesel or gas lines, installations or pumps;
(c) “Building bye-Laws” means the building bye-laws, rules and regulations
made under any relevant municipal law and includes the development control rules or
regulations, by whatever name they are called, or any other building rules or
regulations made under any other law for the time being in force and are in the area in
which this Act is in force;
(d) “Bureau of Indian Standard (BIS)” means National Standard body of
India established under Bureau of Indian Standards Act, 2016 (Act no. 11 of 2016);
(e) “Bye law” means fire safety regulations or norms or guidelines made
under National Building Code of India, Building Bye-laws enacted by Entity
Authority, 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 State Government or local Authority as amended from time to time;
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(g) “Director General” means the Director General of the Fire and Emergency
Services appointed by the State Government;
(h) “Disaster” means disaster as defined in Disaster Management Act, 2005
(Act no. 53 of 2005) as amended from time to time;
(i) “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;
(j) “Employee” means a person appointed to the Fire and Emergency Service
under this Act;
(k) “Entity Authority” shall include a Local Authority, Development Authority,
Municipality, Municipal Corporation, Awas Vikas Parishad or Building Plan
Sanctioning Authority;
(l) “Erector” means a person or association of persons, whether corporate or
otherwise, who erects or makes a pandal or any structure for occupation of people on a
regular or temporary basis;
(m) “Fire Prevention and Life Safety Measures” means such measures
inclusive of fire protection system 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 28 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) “Fire Officer” means an officer appointed by the State for fire stations and
other field formations as per section 9 of this Act;
(p) “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 for the purpose of this Act;
(q) “Fund” means fund constituted under section 52 of this Act;
(r) “Local Authority” shall mean a Municipal Board or Nagar Palika, Nagar
Mahapalika, Notified Area Committee, Town Area Committee, Zila Parishad,
Cantonment Board, Kshettra Samiti, Gaon Sabha or any other authority constituted for
the purpose of Local Self-Government or village administration or legally entitled to or
entrusted by the State Government with the control or management of municipal or
local fund;
(s) “Local Fire and Emergency Service” means Local Fire and Emergency
Service as may be notified by the State Government;
(t) “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;
(u) “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;
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(v) “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 otherwise using his land or building;
(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.
(w) “Owner” includes a person who, for the time being, is entitled to
receive the rent of any land 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;
(x) “Pandal” means a temporary structure with a roof or walls made of
straw, hay, ulu grass, golpatta, hogla, darma, mat, canvas, cloth or other like
material which is not adopted for permanent or continuous occupancy;
(y) “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 45 of this Act;
(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) “State Government” means the Government of Uttar Pradesh;
(bb) “Qualified agency” means a person or an association of persons having
technical specialization in the field of Fire from a recognized University and having
sufficient domain knowledge and accomplishments in the field of Fire Service.
CHAPTER II
ORGANIZATION, SUPERINTENDENCE, CONTROL, AND MAINTENANCE OF
THE FIRE AND EMERGENCY SERVICE
Establishment of
one Fire and
Emergency Service
for whole of State of
Uttar Pradesh
3. (1) There shall be one Fire and Emergency Service for the whole of State
of Uttar Pradesh and all officers and subordinate ranks of the Fire and Emergency
Service shall be liable for posting to any branch of the Fire and Emergency Service:
Provided that the State Government may, by notification in the Official
Gazette, declare any Fire Brigade 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
shall not form the part of State Fire and Emergency Service at any time:
Provided further that this provision shall not apply to the private Fire and
Emergency Services 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 Authority, 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:
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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. 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.
Superintendence
of Fire and
Emergency
Service to vest in
State Government
5. (1) Subject to the provisions of this Act, the State Fire and Emergency
Services 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 by 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.
(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 Services, 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 as a Fire Officer or staff or an employee (by whatever designation called)
of an existing Fire Brigade or Fire and Emergency Services of any Authority on the
date immediately before the commencement of this Act, shall 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.
Constitution and
Classification of
Fire and
Emergency
Service
6. (1) The State Government shall appoint an officer of the rank of Director
General of Police/Additional Director General of Police as Director General Fire and
Emergency Service hereinafter referred as Director General Fire and Emergency
Services who shall exercise such powers and perform such duties and other functions
as are specified under this Act and whose jurisdiction shall extend to the whole of the
State of Uttar Pradesh.
(2) The State Government shall appoint a Fire Officer of domain Qualification
knowledge experience and credible accomplishments in the field of fire service to be
the Director, Fire and Emergency Services who shall exercise such powers and perform
such duties and other functions as are specified by or under this Act.
(3) The State Government shall appoint such other officers and staff, as may be
necessary from time to time, to assist the Director General, Fire and Emergency
Services and Director, Fire and Emergency Services while exercising the powers or
discharging the duties or functions conferred under this Act or rules made thereunder.
(4) Subject to the control, directions and superintendence of the State
Government, the Director General and 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.
Appointment of
Director General
and Director of
Fire and
Emergency
Service
7. (1) The Director General, Fire and Emergency Services shall 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 detail 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 relevant State rules.
Power, Duties
and Functions of
the Director
General Fire and
Emergency
Services
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(2) Without prejudice to the provisions of sub-section (4) of section 6, the
Director General, Fire and Emergency Services shall,-
(i) function as the Head of the Department in the office of the Director
General, Fire and Emergency Services;
(ii) keep liaison with the State Government for the development of Fire and
Emergency Service;
(iii) 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;
(iv) 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;
(v) take or cause to be taken such effective steps and measures in cases of
major fires, house collapse and other emergency services;
(vi) investigate or cause to be investigated the cause of fire and advise the
authorities for implementing fire precautionary measures;
(vii) implement the effective Human Resource Development policies of the
State Government in accordance with the prescribed jobs at each level of fire service
personnel and for that purpose, he may establish advance training centers;
(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.
Setting up of Fire
Stations
8. (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, by notification in the Official Gazette, 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 and shall define the
limits and extent of Fire Stations and other field formations as may be necessary for
administrative and operational efficiency.
Appointment,
powers, duties and
functions of Fire
Officers
9. Appointment of Fire Officers:
(1) For the purposes of this Act, the State Government may appoint,-
(a) A Fire Officer, for each Fire Station not below the rank of Fire Station
Second Officer as authorized by the Director, Fire and Emergency Services 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 Director, Fire and Emergency Services.
(b) He shall have such staff under him to the Fire Station as may be
determine by the State Government.
(c) He shall 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 Services.
(d) Similar arrangements shall be provided for other field formations, if
any.
Powers, duties and functions of Fire Officers :
(2) The powers, duties and functions of the Fire Officers shall be as follows:–
(a) Subject to the control, direction and superintendence of the Director
General, the Fire Officer appointed under sub-section (1) of this section of the Act,
shall exercise such powers and perform such duties as are conferred and imposed
upon him by this Act or rules or orders made thereunder.
(b) Without prejudice to the provisions of clause (a) in case of fire
prevention and disaster, the Fire Officer or officers appointed under sub-section (1) of
this section, for their jurisdiction, shall, in case of any fire or emergency, Act as
Commanding Officer for that event and other Fire and Emergency Service engaged
shall work under him.
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10. (1) For the purpose of this Act, the State Government may appoint other
Officers and staff for the administrative purposes and other field formation as may be
necessary from time to time.
(2) The qualifications for appointment and other conditions of service of the
Officers appointed under sub-section (1) shall be such as may be prescribed in the rules.
(3) For the purpose of this Act, the State Government shall appoint such officers
as may be deemed necessary to supervise Fire Stations while exercising such powers or
discharging the duties and functions under this Act or rules made thereunder.
Appointment,
powers, duties
and functions of
other Officers
11. (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 General
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 Act.
(2) The certificate referred to in sub-section (1) shall cease to have effect when
the person named therein ceases for any reason to be 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 empowered to receive the same.
(3) 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.
(4) The employees of the Fire and Emergency Service shall be governed by
such rules as are applicable to State Government servants in relation to the terms and
conditions of their service and all other allied matters.
Issue of
Certificate to
the employees
of Fire and
Emergency
Service
12. 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.
Auxiliary Fire
and Emergency
Service
13. The powers, functions and privileges vested in a Fire Officer shall remain
suspended while such Fire Officer is placed under suspension:
Provided that notwithstanding such suspension, such person shall continue to
be subject to the control of same authorities to which he would have been had he not
been placed under suspension.
Effect of
suspension of
Fire Officer
CHAPTER III
FIRE AND EMERGENCY RESPONSE
14. The Fire Officer appointed by the State Government shall respond to all fire
and emergency related calls as per Standard Operating Procedures prescribed by the
rules. Calls related to any other emergencies shall also be entertained by the Fire and
Emergency Services by order and as per rules.
Response to
Calls
15. The Director, Fire and Emergency Services or Fire Officer shall ensure
deployment of Fire and Emergency Service resources, equipments and fire personnel at
stand-by duties during any fire response or any other emergency as specified in the rules.
Personnel and
scale of
equipment
16. The Director, Fire and Emergency Services or Fire Officer shall provide
details of planning, organizing and deployment of the staff and ensure regular
monitoring of the site as per rules.
Operation
Management
17. On the occasion of fire and/or rescue in any area in which this Act is in
force, any member of the Fire and Emergency Services, who is in-charge of firefighting
operations on the spot, may,-
(a) 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 life or property;
(b) close any street or passage in or near which a fire is being fought and
/ or rescue work is in progress;
(c) for the purpose of extinguishing fire and carrying out rescue
operation, break into or through or pull down, any premises for the passage of
hose 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:
Powers of
Employees of
the Fire and
Emergency
Service on
occasion of fire
and/or rescue
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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.
(d) 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 ;
(e) 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;
(f) arrest a person who wilfully obstructs and hinders a Fire and
Emergency Service personnel in firefighting and rescue operations and shall
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;
(g) enter into agreement 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, for the purpose of dealing with fires occurring in
any area;
(h) 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.
CHAPTER IV WATER SUPPLY
Power to arrange
for water supply
during emergency
18. It shall be lawful for the Director, Fire and Emergency Services 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
shall supply water for that purpose at such rates as may be prescribed.
Duty to arrange
water supply
19. The Director, Fire and Emergency Services or Fire Officer shall 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.
Power to enter
into Agreement
for Water Supply
20. The Director, Fire and Emergency Services 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.
No compensation
for interruption of
water supply
21. 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 clause (d) of section 17.
Compensation of
water 22. No charge shall be made by any Local Authority for water consumed in fire
fighting operations by the Fire and Emergency Service.
CHAPTER V GENERAL MEASURES FOR FIRE AND EMERGENCY PREVENTION
AND LIFE SAFETY MEASURES
Preventive
Measures
23. (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.
(2) Where such notification has been issued, it shall be lawful for the Director,
Fire and Emergency Services 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.
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(3) The Director, Fire and Emergency Services shall ensure that Fire and
Emergency Management Plans of the Fire Stations and other field formations should be
prepared in conformity with the respective District Disaster Management Plans.
24. (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 section 23.
(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 all the prescribed fire prevention and fire safety measures therein as
notified by the State Government.
(3) It shall be lawful for the Director, Fire and Emergency Services to enter and
inspect the pandal 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 seal 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 pandal shall be deemed to have
committed an offence punishable under section 39 of this Act.
Fire Prevention
and Life Safety
measures in the
pandals to be self-
regulatory
25. (1) Where a notification has been issued under section 23 and section 24, it
shall be lawful for the Director, Fire and Emergency Services 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 pandal is situated, requesting to adjudicate the matter:
Provided that where the Director, Fire and Emergency Services 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 Sub-Divisional Magistrate accordingly.
(2) On receipt of a report under sub-section (1), the Sub-Divisional Magistrate
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.
(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 Sub-
Divisional Magistrate may make an order to seize, detain or remove such encroachments
or objects or goods as per prescribed rules.
(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 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.
(5) On the failure of the person in whose possessions the objects or goods were
at the time of seizure to claim the seized goods pursuant to notice given under sub-
section (4), the Sub-Divisional Magistrate shall sell them accordingly by public auction.
Removal of
encroachments or
objects or goods
likely to cause a
risk of fire or any
obstruction to fire
fighting
26. (1) Without prejudice to the provisions of National Building Code of India,
Building Bye-laws of respective entity authorities, 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, shall provide fire prevention and life safety
measures therein:
Owner or
Occupiers liability
to provide Fire
Prevention and
Life Safety
Measures
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Provided that the owner or the occupier, as the case may be, shall,-
(i) provide minimum fire-fighting and life safety installations as provided
in the Bye-Laws;
(ii) maintain the fire prevention and life safety measures in operational
condition at all times, in the manner and specifications specified in Bye-Laws.
(2) Notwithstanding anything contained in any State 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 bye-laws by the State, following buildings shall obtain ‘Fire
Safety Certificate’ from Fire and Emergency Services;
(i) Multi-storied buildings having more than 15 meters height;
(ii) Special buildings like educational, institutional, assembly, business,
mercantile, industrial, storage and hazardous buildings as defined in National Building
Code as amended from time to time;
(iii) Mixed occupancies with any of the aforesaid occupancies having
more than 500 square meter covered area.
(4) Owners of Buildings, under sub-section (3), shall ensure that such multi-
storied or special buildings be equipped with fire prevention, fire and life safety and
fire protection system to prevent or extinguish fire as per the prescribed rules.
(5) The owner or occupier, as the case may be, shall furnish to the Fire
Officer, a certificate in the prescribed form issued by a qualified agency regarding the
compliance of the fire prevention , fire and life safety measures and fire protection
measures in his building or part thereof, as required by or under the provisions of this
Act, and shall 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 protection
system in good repair and efficient condition as specified in sub-section (1) of this
section.
(6) No person other than the qualified agencies, as specified in the National
Building Code of India or rules made under this Act, shall carry out the work of
providing fire prevention and life safety measures or performing such other related
activities required to be carried out in any place or building or part thereof.
Issue of Fire
Safety Certificate
27. (1) The Fire Officer shall scrutinize the compliances with regard to the
requirement of section 26 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. shall be submitted
by the owner or occupier or applicant.
(2) 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 26
of this Act, shall be cancelled after giving owner or occupier an opportunity of
hearing to show-cause.
(3) The owner or occupier of the building or premises, whose fire safety
certificate has been cancelled due to default on his part, shall not be entitled to occupy
the building or premises on the ground of non-compliance of fire prevention and life
safety measures under section 26 of this Act.
(4) 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 do so.
Appointment and
Functions of Fire
Safety Officer
28. (1) To ensure effective fire prevention and life safety measures of the
factory or buildings or premises as may be specified by an order by the State
Government in this behalf, every owner and occupier or occupiers individually or
jointly, as the case may be,-
11
(i) shall appoint a fire safety officer, having such qualifications as may be
prescribed;
(ii) send the compliance report to the Fire Officer.
(2) The Fire Safety Officer so appointed under sub-section (1) shall be issued
the enrolment certificate by the Fire Officer under his signature and seal of the office in
the prescribed form.
(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, shall 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 Labour 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.
29. (1) The 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 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, building or part thereof, or if it appears to him to be expedient and
necessary to do so in order to ensure safety to life and property.
(2) The Fire Officer shall be provided with all possible assistance by the owner
or occupier, as the case may be, of such place or building or part thereof for carrying out
the inspection under sub-section (1).
(3) The owner or occupier or any other person shall not obstruct or cause any
obstruction to the entry of a person empowered or authorized under this section into or
upon any land or building or shall not molest such person after such entry for inspection.
(4) When any such place or building or part thereof used as a human dwelling
is entered under sub-section (3), due regard shall be paid to the social and religious
sentiments of the occupiers, and before any flat, apartment or a part of such building in
the actual occupancy of any woman, who, according to the custom does not appear in
public, is entered under sub-section (3), notice shall be given to her that she is at liberty
to withdraw, and every reasonable facility shall be afforded to her for withdrawing.
(5) Where the inspection is carried out by the Fire Officer under the preceding
provisions of this section, he shall give a report of any such inspection to his reporting
officer and the Entity Authority concerned.
(6) The Fire Officer shall, after completion of the inspection of the place or
building or part thereof under this Section, record his views on the deviations from or the
contraventions of, the requirements with regard to the fire prevention and life safety
measures or the inadequacy or non-compliance of such measures provided or to be
provided therein with reference to the height of the building or the nature of activities
carried on in such place or building or part thereof and issue a notice to the owner or
occupier of such building or part thereof directing him to undertake such measures
within such time as may be specified in the notice.
Power of
Inspection
12
Information on
outbreak of fire 30. Any person who possesses any information regarding an outbreak of fire
shall communicate the same without delay to the nearest fire station.
CHAPTER VI
OFFENCES AND PENALTIES
Penalties for violation
of provisions of
Chapter IV (Water
Supply)
31. Whoever contravenes any provisions of Chapter IV shall, without
prejudice to any other action taken against him under this Act and rules made
thereunder, shall be punishable with imprisonment for a term which may extend to six
months, or with fine which may extend to fifty thousand rupees, or with both and
where the offence is a continuing one with a further fine which may extend to three
thousand rupee for every day after the first during which such offence continues.
Penalty for violation
of duty
32. Notwithstanding any action which may be taken under the provisions of
this Act, any member of the Fire and Emergency Service who,-
(i) is found to be guilty of any violation of duty or wilful breach of any
provision of this Act or any rule or order made thereunder; or
(ii) is found to be guilty of cowardice; or
(iii) withdraws or abstains from the duties of his office without
permission or without having given previous notice for fifteen days or more; or
(iv) being absent on leave fails without reasonable cause to report himself
for duty on expiration of such leave; or
(v) accepts any other employment or office or engages himself in
business in contravention of the provision of the Uttar Pradesh Government Servant
Conduct Rules, 1956 shall be punishable with imprisonment which may extend to
three months or with fine which may extend to an amount not exceeding three months
pay of such member, or with both.
Penalty in case of non-
appointment of Fire
Safety Officers
33. (1) If any owner or occupier or an association of such owners and
occupiers of a building or premises fails to appoint under section 28, Fire Safety
Officers within thirty days, of the receipt of a notice given in this behalf by the
Director, Fire and Emergency Services or the Fire Officer, as the case may be, each
one of them shall be deemed to be in default jointly and severally.
(2) When the person liable for appointment of such Fire Safety Officers is
deemed to be in default, such sum not less than ten rupees per square meter and not
exceeding fifty rupees per square meters of total built-up area owned/occupied by him
including in the common areas in the premises as determined by the Director, Fire and
Emergency Services may be recovered from him by way of penalty for each month of
default or part thereof.
(3) The amount due as penalty under sub-section (2) shall be recovered as
arrears of land revenue.
Liability of property
owner to pay
compensation
34. (1) Any person whose property catches fire on account of an action of his
own or of his agent done deliberately or negligently shall be liable to pay
compensation to any other person suffering damage to his property on account of any
action taken under section 17 of this Act by an officer mentioned therein or any
person acting under the authority of such officer.
(2) All claims under sub-section (1) shall be referred to the Appellate
Authority, within thirty days from the date when the damage was caused.
(3) The Appellate Authority, shall, after giving the party an opportunity of
being heard, determine the amount of compensation due and pass an order stating
such amount and the person liable for the same, and the order so passed shall have the
force of a decree of a Civil Court within thirty days as mentioned in section.
13
35. Any person, who without adequate justification, fails to communicate
information in his possession regarding an outbreak of fire shall be deemed to have
committed an offence punishable under the first part of section 176 of the Indian Penal
Code, 1860 (Act no. 45 of 1860).
Failure to give
information
36. Whoever fails without reasonable cause to comply with any of the
requirements specified in a notification issued under sub-section (1) of section 23 or of
a direction issued under the section shall 1[liable to a penalty which may extend to
seventy-five thousand rupees] and where the offence is a continuing one with a
further fine which may extend to One thousand rupees for every day after the first
during which such offence continues.
Failure to take
precautions
37. Any person who wilfully obstructs or interferes with any member of the
Fire and Emergency Services, who is engaged in fire-fighting operations, shall be
punishable with imprisonment for a term which may extend to three months, or with
fine which may extend to Ten thousand rupees, or with both.
Penalty for wilfully
obstructing the
fire-fighting,
rescue operations
38. Any person who knowingly gives or causes to be given a false report of
the outbreak of a fire to any person authorized to receive such report by means of a
statement, message or otherwise shall be punishable with imprisonment which may
extend to three months or with fine which may extend to Ten thousand rupees, or with
both.
False report
39. Whoever contravenes any provision of this Act or of any rule or
notification made thereunder shall, without prejudice to any other action taken against
him under this Act and the rules made thereunder, 2[be liable to a penalty which may
extend to seventy-five thousand rupees and, in the case of a continuing
contravention, with an additional penalty which may extend to one thousand
rupees for every day after the first during which such contravention continues.]
General
provisions for
punishment for
offence
40. (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, Excerpt shown. Open the full act in Lexace.