LexThe UTTARAKHAND FIRE & EMERGENCY SERVICE, FIRE PREVENTION AND FIRE SAFETY ACT, 2016
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THE UTTARAKHAND FIRE & EMERGENCY SERVICE, FIRE PREVENTION
AND FIRE SAFETY ACT, 2016
[Uttarakhand Act no. 37 of 2016]
INDEX
Section Description Page No.
1 2 3
1. Short title, extent and commencement
2. Definitions
3. Name of the services
4. Superintendence powers and functions
5. Punishment
6. Establishment of fire and emergency service training
institute
7. Consumption of water by the Fire & Emergency Service
Insurance and Special Allowance
8. Powers of the Fire & Emergency Service and other persons
for the suppression of fire.
9. Appointment of fire safety officer
10. Penalty in case of default of non -appointment of fire Safety
officer
11. Liability of property owner to pay compensation
12. Power of State Government to make compensation
13. Restrictions on suits for compensation
14. Power to obtain information
15. Inspection of Multistoried buildings, premises, etc.
16. Power to seal building or premises
17. Provision regarding certain building and premises
18. Permission of certain building
19. Powers of Deputy Director Technical in case of commit
default
20. Appeals
21. Penalty
2
1 2 3
22.
23.
Offences by companies
Punishment for false report
24. Employment of Fire & Emergency Service on other
duties
25. Procedure
26. Rule making powers
27. Bar of jurisdiction of Court
28. Cognizance of prosecution
29. Jurisdiction
30. Protection of action taken in good faith
31. Power to Remove Difficulties
32. Effect of the state and District Disaster Management
33. Repeal and savings
3
THE UTTARAKHAND FIRE & EMERGENCY SERVICE, FIRE PREVENTION
AND FIRE SAFETY ACT, 2016
[Uttarakhand Act no. 37 of 2016]
An
Act
To provide for the maintenance of e ffective fire fighting service and for matters incidental
thereto in the State of Uttarakhand.
Be it enacted by the Legislature of Sta te of Uttarakhand in the Sixty –Seventh Year of the
Republic of India, as follows:--
Short title,
extent and
commencement
1. (1) This Act may be called the Uttarakhand Fire & Emergency Service,
Fire Prevention and Fire Safety Act, 2016.
(2) It extends to the whole of the State of Uttarakhand.
(3) It shall come into force on such date as the 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 A uthority’ means the Appellate Authority appointed
by the Government;
(b) “Building” means any structure whether of masonry bricks, woods,
mud, metal or other materials and includes a house, out -house,
basement, underground parking stable, latrine, urinal, shed, hut or
wall (other than boundary wall);
(c) “Building bye-laws” means the bye-laws made by the Government
by publication in the official gazette relating to building in the
State;
(d) “State Government” means the Government of Uttarakhand ;
(e) “Chief Fire Officer” means the Chief Fire Officer appointed under
this Act;
(f) “Fire prevention and fire safety measures” means such measures
as are necessary in accordance with the building bye -laws/ 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;
(g) “Fire Safety Officer” means the person appointed under s ection 16
of this Act as fire safety officer by the owners and o ccupier of
certain premises and buildings as specified in this behalf to ensure
fire prevention and fire safety measures installed in such premises
and buildings;
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[The Uttarakhand Fire & Emergency Service, Fire Prevention and Fire Safety Act, 2016]
(h) “ Deputy Director ” means the Deputy Director “Technical”
Uttarakhand Fire & Emergency Service appointed by Uttarakhand
Government;
(i) “Fire & Emergency Service” means the Uttarakhand Fire &
Emergency Service, Fire Prevention and Fire Safety Services;
(j) “Fire station” means a bui lding erected to house the fire f ighting
equipment, appliances and staff declared generally or specially by the
Government to be a fire station for the purposes of this Act;
(k) “Inspector General ” means the Inspector General, Uttarakhand Fire
& Emergency Service,
(l) “Local authority” means the executive officer or C.E.O. of
Municipal Corp oration, Municipalities, Nagar P anchayat and
cantonment Board.
(m) “Multistoried buildi ng” means a building with such minimum
height as may be prescribed under the rules in this behalf;
(n) “Nominated authority” means nominated authority by the
Government, not below the rank of fire station officer ;
(o) “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 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 ;
(p) “Operational member” of the Fire & Emergency Service means
any member of the Fire & Emergency Service who is required to
drive or operate a fire fighting vehicle, fire fighting equipment
and appliance at the site of fire and participate in the actual
extinction of fire;
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[The Uttarakhand Fire & Emergency Service, Fire Prevention and Fire Safety Act, 2016]
(q) “Owner” includes a person who, for the time being, is receiving or
is entitled to receive, the rent of any land or building, who 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 tenant and also includes-
(i) the custodian of evacuee property in respect of evacuee property
vested in him under the Administration of Evacuee Property Act,
1950 (Act No. 31 of 1950);
(ii) any authority or institution under State law and the head of a
Government Department, in respect of pr operties under their
respective control;
(r) “Premises” means any land or any building or part of building
appurtenant thereto which is used for storing explosive substance
and dangerously inflammable substance;
Explanation : - In this clause, “ explosive”, “explosive substance ” and
“dangerously inflammable substance ” shall have the meaning
respectively, assigned to them in the Explosive Act, 1884 (Act no. 4
of 1884), the Explosive Substances Act, 1908 (Act no. 6 of 1908)
and the inflammable Substances Act, 1952 (Act no. 20 of 1952);
(s) “Subordinate operation staff” includes every member of the Fire &
Emergency Service of the rank of Fire Station Officer, Fire Station
Second Officer, Leading Fireman, Driver, F ireman and any other
equivalent rank officer;
(t) “Fire Station Officer” means an officer Incharge of the Fire Station,
Fire & Emergency Service appointed by the Government;
(u) “District Magistrate” means an officer of the Government
appointed as District Magistrate / Chairperson of District Disaster
Management Authority.
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[The Uttarakhand Fire & Emergency Service, Fire Prevention and Fire Safety Act, 2016]
Name of the
services
3. The entire fire-fighting personnel in the area to which this Act applies
for the time being shall for the p urpose of this Act, be deemed to be
one force to be styled the Uttarakhand Fire & Emergency Service and
shall consist in order of seniority of the following ranks :
(a) Deputy Director Technical;
(b) Chief Fire Officer;
(c) Fire Officer;
(d) Fire Second Officer;
(e) Leading Fireman and Driver; and
(f) Firemen.
Superintendence
powers and
functions
4. (1) The superintendence and control of the Uttarakhand Fire &
Emergency Service shall vest in the Inspector General.
(2) The St ate Government may appoint such Fire O fficers as it may
think fit to assist the Inspector General.
(3) Subject to the provisio ns of sub -sections (1) and (2), Deputy
Director (technical) and the Chief Fire Officer shall exercise such
administrative powers and perform such administrative functions as
may be prescribed.
Punishment
5. The fire fighting personal of Uttarakhand Fire & Emergency Service
shall be punished for any sufficient reason by the law and rules of
Uttarakhand Government for the Time being in force.
Establishment
of fire and
Emergency
Service
training
institute
6. (1) The Government m ay establish and maintain a training institute in
Uttarkhand to be known as “the Uttarakhand Fire and Emergency
Service Training Center ” for providing courses of instruction in
the prevention and extinguishment of fire of the Fire & Emergency
Service personnel and private candidates from industries , hotels,
multi-storied buildings and similar other G overnment and non -
Government establishments as specified in section 9.
(2) The Gover nment may extend the training fac ilities at the Training
Center to be established under sub -section (1) to the Fire &
Emergency Service under the control of local bodies and industrial
undertakings as well as to the state Fire & Emergency Service of
other States on payment of charges as may be prescribed.
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[The Uttarakhand Fire & Emergency Service, Fire Prevention and Fire Safety Act, 2016]
(3) Subject to the observance of the general rules applicable to other
employees of the Government in relation to training the members of
the Fire & Emergency Service may be given training in the field of
scientific and modern techniques of fire protection and fire safety
measures.
Consumption of
water by
the Fire &
Emergency
Service
7. No charge shall be made by any local authority for water consumed by
the Uttarakhand Fire & Emergency Service in fighting, training, filling
static water tanks or such other purposes.
Powers of the
Fire Emergency
Service and
other persons
for the
suppression of
fire
8. On the occasion of a fire in any town or area to which this Act applies,
any member of the Uttarakhand Fire & Emergency Service not below
the rank of leading fireman, any Magistrate and any Police Officer not
below the rank of head constable may-
(a) remove, or order the removal of, any person who by his presence,
interferes with, or impedes, the operation for extinguishing the fire or
for saving life or property;
(b) close any street or passage in, or near, which a fire is burning;
(c) for the purpose of extinguishing the fire, enter, breakin g or through,
or pull down any premises for the passage of hose or appliance. or
cause them to be broken into or through or pulled down without the
consent of the owner or occupier;
(d) cause mains and pipes to be shut off so as to give greater pressure or
volume of water, in, or near, the place where the fire is occurring;
(e) make use of any available source of water, public or private;
(f) generally take such measures as he considers necessary for the
preservation of life or property.
Appointment of
fire safety
officer
9. (1) Every owner and occupier or an association of such owners and
occupiers of the following classes of buildings or premises shall
appoint a fire -safety officer , who shall ensure the com pliance of all
fire prevention and fire safety measures and effective operation there
of as provided in this Act and the rules made there under, namely:-
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[The Uttarakhand Fire & Emergency Service, Fire Prevention and Fire Safety Act, 2016]
(a) Cinema houses /Multiplexes with seating capacity of more than
1000 persons and commercial complex with built-up area more than
10000 sq. mtr.;
(b) hotels with 100 rooms and above;
(c) multistoried residential buildings of 500 residential Flates or more
than that;
(d) Oil refineries, LPG bottling plants and similar other institutions;
(e) open stadium with seating capacity more than 50,000 persons and
indoor stadium with seating capacity more than 25,000 persons;
(f) hospitals and nursing homes with more than 250 beds;
(g) Industries where more than 1000 are employed,
(h) public and semi -public buildings like large surface and sub -surface
railway stations, interstate bus terminuses, airports amusement
parks and other similar buildings:
Provided that the Government may, by notification in the official
Gazette, from time to time, include any other public and private
premises which, in its opinion, require appointment or removal of
fire safety officers.
(2) The owner / occupier of the building o r Campus or his Institutions
with apply in first terminal of the every calendar year on 50 percent
or more than of capacity/number fixed for the categorised Buildings
/campus in section 9(1), The Chief Fire Officer/Fire officer as the
case may be shall bou nd get no Objection Certificate in relation of
effective operations of fire and safety measures. The Chief Fire
Officer/Fire officer of the concerning district as the case may be not
received the application on last date of the month of March shall
inquire buildings/campus of category by himself and do procedure in
relation of No objection Certificate and shall impose fine also at the
rate of as fixed in section 10 (2) which recovery shall be made as per
provision section 10 (3).
Penalty in case
of default of
non-appointment
of fire Safety
officer
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(1) If any owner or occupier or an association of such owners and
occupiers of a building or premises f ails to appoint under section
16, fire safety officer within thirty days, of the receipt of a notice
given in this behalf by the Chief Fire Officer or the nominated
authority, as the case may be, each one of them shall be deemed to
be in default jointly and severally.
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[The Uttarakhand Fire & Emergency Service, Fire Prevention and Fire Safety Act, 2016]
(2) When the person liable for appointment such fire safety officer is
deemed to be in default, such sum not les s than Rs. 10 per square
meter and not exceeding Rs. 50 per square meter of area o wned or
occupied by him including in the common areas in the premises as
determined by the Chief Fire Officer , 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 an arrears of land revenue.
(4) The person liable for appointing the fire safety officer is deemed
not taking any action within three months after awarded punishment
under sub -section (2) shall be liable to double money charges as
determined by the Chief Fire Officer.
Liability of
property owner
to pay
compensation
11.
(1) Any person whose property catches fire on account of any act 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 clause (c) and (e)
of section 8 of this Act by any officer mentioned therein or any
person acting under the authority of such officer.
(2) All claims under sub-section (1) of this section shall be preferred to
the District Magistrate within one week from the date when the
damage was caused. The District Magistrate shall summarily
determine the amount of compensation due and shall pass an order
stating the amount of compensation to be paid and the person liable
for the same, and the orders so passed shall have the force of a civil
Court decree.
Power of State
Government to
make
compensation
12.
If a fire is caused in any place by any reason other than thos e specified
in section 9 of the Act, the State Government may at its discretion,
within maximum limit of damage, make compensation out of the State
revenues to any persons suffering any damage to property on account
of any action taken under clauses (c) and (e) of section 8 of this Act.
Restrictions on
suits for
compensation
13.
(1) No order passed under section 12 of this Act shall be called in
question in any court.
(2) Any person dissatisfied with any order passed sub -section (2) of
under section 11 may, w ithin six months from the date of such
order institute a suit in a civil court of competent jurisdiction to
establish his claim. Subject to the result of such suit the order
passed sub-section (2) of under section 11 shall be final.
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[The Uttarakhand Fire & Emergency Service, Fire Prevention and Fire Safety Act, 2016]
10
Power to
obtain
information
14. (1) Chief Fire Officer or authorized by him in charge of a fire station
may require the owner or occupier of any building or other property
to supply information with respect to the character of such building
or other property, the available water supplies and the means of
access thereto and other material local circumstances, and such
owner or occupier sha ll furnish, within a reasonable time, all the
information required of him.
(2) If any information required under sub -section (1) of this section is
not furnished within a reasonable time, or if the Chief Fire Officer
or officer in Charge of a fire station, as the case may be, has reason
to believe that any information furnished is inaccurate the said
Chief Fire Officer or officer in Charge of a fire station may, for the
purpose of obtaining or verifying the information, enter upon any
such premises or property after giving such notice as, may be
prescribed, to the owner or occupier.
Inspection of
Multistoried
buildings,
premises, etc.
15. (1) The nominated authority may, after giving three hours notice to the
occupier, or if there be no occupier, to the owner of Multistoried
building having such height as may be specified by rules framed
under this Act or premises, enter and inspect the said building or
premises at any time between sunrise and sunset where such
inspection appears necessary for ascertainin g the adequacy or
contravention of fire protection and fire safety measures:
Provided that the nominated authority may enter into and
inspect any building or premises at any time if it appears to it to be
expedient and necessary to do so in order to ensure safety of life
and property at any emergency.
(2) The nominated authority shall be provided with all possible
assistance by the owner or occupier, as the case may be, of the
building or premises for carrying out the inspection under sub -
section (1).
(3) When any building or premises used as a human dwelling is entered
under sub -section (1) due regard shall be paid to the social and
religious sentiments of the occupiers; and before any apartment in
the actual occupancy of any women who, according to the c ustom
does not appear in public, i s entered under sub -section (1) , notice
shall be give n her that she is at liberty to withdraw, and every
reasonable facility shall be afforded to her for with drawing.
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[The Uttarakhand Fire & Emergency Service, Fire Prevention and Fire Safety Act, 2016]
1{(4) All residential building of twelve meters and above height,
industrial unites/Co mmercial (covered area above 5 00 sq. meter)
establishments dealing with storage or usi ng explosive and highly
inflammable substances shall require no objection certificate from
the Deputy Director (Technical) or Chef Fire Officer , as the case
may be, on the basis of recommendation of Fire Station Officer /
Nominated authority n o objection certificate shall be issued by the
Chief Fire Officer after approval of Deputy Director (Technical).}
Power to Seal
building or
premises
16.
(1) Where, on receipt of a report from the nominated authority, it
appears to the District Magistrate that the condition of any building
or premises is dangerous to life of property, require the person in
possession or occupation of such building or premises to remove
themselves from such building or premises forthwith.
(2) If an order mad e by the District Magistrate under sub -section (1) is
not complied with, the District Magistrate may direct any police
officer having such jurisdiction in the area to remove such persons
from the building or premises and such officer shall comply with
such directions.
(3) After the removal of the persons under sub -section (1) or sub -
section (2), as the case may be the District Magistrate shall seal the
building or premises.
(4) No person shall remove such seal except under an order made by
the District Magistrate.
(5) Any person who removes such seal except under an order made by
the District Magistrate, shall 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.
Provision
regarding certain
building
and premises
17. (1) Notwithstanding anything contained in any other law for the time
being in force, the Chief Fire Officer may enter and inspect any
building including a building under construction if such inspection
appears necessary for ascertaining the adequacy of fire prevention
and fire safety measures in such buildings.
(2) The entry and inspection under sub -section (1) shall be done by the
Chief Fire Officer in the manner laid down in relation to nominated
authority in section 15.
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1- Substituted by section 2 of UK Act no 06 of 2022.
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[The Uttarakhand Fire & Emergency Service, Fire Prevention and Fire Safety Act, 2016]
(3) The Chief Fire Officer shall, after inspection of the building or
premises under sub -section (1) and after taking into consideration,
issue a notice to the power or occupier of such building or premises
stating therein the inadequacy in regard to the fire prevention and fire
safety measures in it and direct the owner or occupier to undertake
measures for rectifying the said inadequacy within such period as he
may consider just and reasonable.
(a) the provisions of the building bye -laws in accordance with
which the plan of the said building or premises was sanctioned;
(b) the conditions imposed, if any, by the local authority at the time
of the sanction of the plan of the said building or premises; and
(c) the minimum standards for fire prevention and fire safety
measures specifi ed for such building or premises as may be
specified by rules framed under this Act.
Permission of
certain
buildings
18. 1{ Every building above twelve meter in height and covered area above
500 sq/ meters whether existing or to be erected which is likely to be
used for a purpose such as medical or other treatment or care of persons
suffering from physical or mental illness, diseases or infirmity, case of
infants, convalescents or aged persons or for penal or correctional
detention in which the liberty of inmates is restricted shop, market,
dormitory, hotel or rooming house, educational institution, assembly
building where group of people congregate or gather for amusement,
recreation, social, religious, patriotic, related civil travels or for a similar
purposes shall submit plan and obtain a permission from prescribed
authority of the State Government that safety from fire is reasonable
attainable in practical and may be achieved.}
Powers of
Deputy
Director
Technical in
case of commit
default
19. (1) The Deputy Director Technical shall in the event of non -compliant of
any notice issued under section 17 , take such steps as may be
necessary for the compliance of such notice.
(2) All expenses incurred by the Deputy Director Technical in relation to
any steps tak en by him under sub -section (1) shall be payable by the
owner or the occupier on demand and shall, if not paid within ten
days after such demand, be recoverable as arrears of land revenue.
Appeal 20. (1) Any person aggrieved by any notice or order of the nomi nated
authority or the Chief Fire Officer may prefer an appeal agai nst such
notice or order to the concerning District Magistrate within thirty
days from the date of notice or order appealed against :
(2) An appeal to the District Magistrate under sub -section (1) shall be
made in such form and shall accompanied by a copy of the notice or
order appealed against and by such fees as may be prescribed.
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1- Substituted by section 4 of UK Act no 06 of 2022.
13
[The Uttarakhand Fire & Emergency Service, Fire Prevention and Fire Safety Act, 2016]
Penalty 21.
Whoever contravenes Section 15, Section 17 and Section 18
provision of this Act shall, without prejudic e to be punishable with
imprisonment for a term which may extend to 2 years, or with fine
which may extend to one lakh or with both and where the offence is a
continuing one, with a further fine which may extend to five thousand
for every day after the first during which such offence continues.
Offences by
companies
22. (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 a nd was responsible to the company for the conduct of
the business of the company , as well as the company, shall b e
deemed to be guilty of the offence and shall be liable to be
proceeded against and punished accordingly:
Provided that nothing contained in this sub -section shall
render any such person liable to any punishment if he proves that
the offence was commit ted 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 tha t the offence has been committed with the consent or
connivance of, o r is attributable to any neglect on the part, of any
director, manager, secretary or other officer of the company, such
director, manager, secretary or other officer shall also be deemed 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 a body corporate and includes a firm of
other association of individuals; and
(b) “Director” in relation to a firm, means a partner in the firm.
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]
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[The Uttarakhand Fire & Emergency Service, Fire Prevention and Fire Safety Act, 2016]
Punishment for
false report
23. Any person who wilfully makes a false report of the outbreak of a fire
to the any member of the Uttarakhand Fire & Emergency Service
authorized to receive such report shall be liable upon conviction
before a magistrate to a fine not exceeding Five Thousand.
Employment
of Fire
Emergency
Service
on other duties
24. It shall be lawful to depute by the permission of State Government
that Uttarakhand Fire & Emergency Service upon any rescue, salvage
or other work for which its training, appliances or equipment render.
Procedure
25. The proceeding under sections 5 and 2 2 of this Act shall, as far as
possible, be governed by the provisions of the Code of Criminal
Procedure, 1 973, and the offences under these sections shall be
bailable and non-cognizable.
Rule making
powers
26. The State Government may, by notification in the official Gazette,
and subject to the condition of previous publication, make rules to
carry out the purposes of this Act.
Bar of
jurisdiction of
Court
27. No court shall entertain any suit, application or other proceeding in
respect of any notice or order under this Act and no such notice or
other shall be called in question otherwise than by preferring an
appeal under this Act.
Cognizance of
prosecution
28. No court shall proceed to the tr ail of an offence under this Act
except on the complaint of, or upon information received from, the
nominated authority.
Jurisdiction 29. No court inferior to that of a Chief Judicial Magistrate shall try an
offence punishable under this Act.
Protection of
action taken in
good faith
30. No suit, prosecution or other legal proceeding shall lie against any
person for anything which is in good faith done or intended to be
done under this Act of any rules made there under.
Power to
Remove
Difficulties
31. (1) If any difficulty arises in giving effect to the provisions of this Act,
the Government may, by order published in the Official Gazette,
make such provisions not inconsistent with the provisions of this
Act as may appear to it to be necessary or expedient for removing
the difficulty :
Provided that no such order shall be made after the expiry of
two years from the commencement of this Act.
(2) Every order made under this Section shall be laid, as soon as
may be after it is issued, before the Legislative Assem bly of
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Uttarakhand.
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[The Uttarakhand Fire & Emergency Service, Fire Prevention and Fire Safety Act, 2016]
Effect of the
State and
District Disaster
Management
32. (3) Notwithstanding anything contained i n this Act, the conferred
powers related Fire Safety to the State and District Disaster
Management Authority shall be applicable.
Repeal and
savings
33. (1) The United Province Fire Service Act, 1944 (U. P. Act No. 3 of
1944) to the context of State of Uttarakhand is hereby repealed.
(2) Notwithstanding such repeal anything done or any action taken
under the said Act shall be deemed to have been done or taken
under sub-section (1) of the corresponding provisions of this Act.
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