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THE
HIMACHAL PRADESH FIRE FIGHTING SERVICES ACT, 1984
ARRANGEMENT OF SECTIONS
( Act No. 30 of 1984 )
BRIEF DESCRIPTION
Preliminary
1.
Short
title, extent and commencement
2.
Definitions
Maintenance
of Fire Service
3.
Maintenance
of Fire Service
4.
Appointment
of Director for Fiore Service
5.
Superintendence
and control of service
6.
Appointment
of members of the service.
7.
Auxiliary
fire service.
8.
Powers
of members of the service on occasion of fire.
9.
Preventive
measures.
Penalties
10.
Penalty
FOR violation of
duty etc.
11.
Wilfully
obstructing fire-fighting operations.
12.
False
report.
For
statement of objects and reasons see PEP (Extra), dated
11th
September, 1984
page 1590.
General
and Miscellaneous
1.
Employment
on other duties.
2.
Power
to obtain information.
3.
Power
of entry.
4.
Consumption
of water.
5.
No
compensation for interruption of water supply.
6.
Police
Officers to aid.
7.
Indemnity.
8.
Power
to make rules.
9.
Repeal
and savings.
( Received the assent of the Governor, Himachal Pradesh, on
the 3rd
December, 1984
and was
published in R.H.P. (Extra, dated
2nd
February, 1985
at page,
174-178)
An act to provide for the maintenance of effective fire
fighting service in the state of Himachal Pradesh.
Be it enacted by the Legislative Assembly of Himachal Pradesh in
the Thirty-fifth year of the
Republic
of
India
as follow:-
PRELIMINARY
1.
Short
title, extent and commencement- (i) This Act may be called the
Himachal Pradesh Fire Fighting Services Act, 1984.
(2)
It
extends to the whole of the state of Himachal Pradesh.
(3)
It
shall come into force in the state, 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
different provisions of this Act.
2.
Definitions-
In this Act, unless the context otherwise requires:-
(a)
“Director” means the Director of Fire Services
appointed under section 4 of this Act:
(b)
“Fire Fighting Property” includes –
(i) lands
and buildings used as fire stations.
(ii)
fire engines,
equipments, tools, implements and other items used
for fire fighting.
(iii) motor
vehicles and other means of transport used in connenction with
fire fighting, and
(iv) uniforms
and badges of ranks;
(C)
“fire stations” means any post of post or place
declared, generally or specially by the Director to be fire
station;
(d)
“service”
means the Himachal Pradesh Fire Service maintained under this
Act.
(e)
“Officer-in-charge
of a fire station” means officer-in-charge of a fire station,
sub fire station or a
fire post and in his licence includes the fire officer who is
next in rank to such officer and is present at such fire
station, sub fire station, or a fire post; as the case may be;
(f)
“prescribed” means prescribed by rules made under this Act,
and
(g)
“State Government” means the Government of Himachal Pradesh.
MAINTENANCE
OF FIRE SERVICE
3.
Maintenance of Fire Service- There
shall be maintained by the State Government a fire service to be
called the Himachal Pradesh Fire Service for those areas of the
State of
Himachal
Pradesh
in which
this Act is in force.
4.
Appointment of Director for Fire Services:-
The State Government may appoint a person to be the Director of
Fire Services.
5.
Superintendence and control of service-(1)The
superintendence and control of the service shall vest in the
Director and shall be carried in by him in accordance with the
provisions of this Act and rules made thereunder.
(2)
The
State Government may appoint such officers as it may deem fit as
assist the Director in the discharge of the duties.
6.
Appointment
of members of the service- The Director or such other officer of
the service as the State Government may authorize in this behalf
shall appoint members of the service in accordance with the
rules made under the Act.
7.
Auxiliary
fire service- whenever it appears to the State Government that
it is necessary to augment the fire service. It may raise an
auxiliary fire service by enrolment and training of volunteers,
in such number and in such areas, as it may deem fit, on such
terms and conditions as may be prescribed.
8.
Powers
of member of the service on occasion of fire- On the occasion of
fire in any area in which this Act is in force, any member of
the fire 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 presence interferes with or impedes the operation for
extinguishing the fire or for saving life or property;
(b)
case
any street or passage in or near-which a fire is burning
(c)
for
the purpose of extinguishing fire, break into or through or pull
down any premises for the passage of hose or appliances or cause
them to the broken into or through or pulled down, doing as
little damage as possible;
(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 fire has broken out and utilize the water 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 likely to
obstruct the fire fighting operations as if he were an officer-
in- charge of a police station and as such if such an assembly
were an unlawful assembly and shall be entitled to the same
immunities and protection as such an officer has in respect of
the exercise of such powere;
(f)
generally
take such measures as may appear to him to be necessary for
extinguishing the fire or for the protection of life or property
in that area.
9.
Preventive
measures-(1) The State Government may by notification in the
Official Gazette,
require owners or occupiers of premises in any area or of any
class of premises used for the purpose which in its opinion are
likely to cause risk of fire, to take such precautions as may be
specified in such notification.
(2)
Where
a notification has been issued under sub-section (F) it shall be
lawful for the Director or any officer of the service authorized
by the State Government in
this behalf to direct the removal of objects or goods likely to
cause a risk of fire, to a place or safety and on failure of the
owner or occupier to do so, the Director or such officer may,
after giving the owner or occupier a reasonable opportunity of
making representation, seize, detain or remove such objects or
goods.
PENALTIES
10.
Penalty
for violation of
duty etc. – Any member of the service who-
(a)
is
found to be guilty of any violation of duty or willful breach of
any provision of this Act or any rule or order made thereunder;
or
(b)
is
found to be guilty of cowardice; or
(c)
withdraws
from the duties of his office without permission or without
having given previous notice of atleast two months; or
(d)
being
on leave fails without reasonable cause to report himself for
duty on the expiration of such leave or
(e)
accepts
any other employment or office, without permission; 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 a person, or with both.
(11)
Wilfully
obstructing fire-fighting operations- any person who willfully
obstructs or interferes with any member of the service who is
engaged in fire fighting operations or neglects to furnish the
information under section-14 shall be punishable with
imprisonment which may extend to three months, or with fine
which may extend to five hundred rupees, or with both.
(12)
False
report- Any person who knowingly gives or causes to be given a
false report of the out-break of a fire to any person authorized
to receive such report by means of a fire to any person
authorized to receive such report by means of a statement,
message or otherwise shall be punishable with a simple
imprisonment which may extend to two months, or with fine which
may extend to five hundred rupees, or with both.
GENERAL AND
MISCELLANEOUS
13.
Employment
on other duties- it shall be lawful for the State Government or
any officer authorized by it in this behalf to employ the
service in any rescue salvage or other work for which it is
suitable by reason for its training appliances and equipment.
14.
Power
to obtain information- Any officer of the service not below the
rank of officer inchage 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
with respect to the character of such building or other
property, the available water supplies, means of access thereto
and other material particulars and such owner or occupier shall
furnish all the information in his possession.
15.
Power
of entry- The Director or any member of the service authorized
by him inn this behalf may enter any of the places specified in
any notification issued under section-9 for the purpose of
determining whether precautions against fire required to be
taken on such places have been so taken.
16.
Consumption
of water- No charge shall be made by any local authority private
or public institution or individual for water consumed in fire
fighting operations by the service.
17.
No
compensation for interruption of water supply- 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
of supply of water occasioned only by compliance of such
authority with the requirement specified in clause (d) of
section 8.
18.
Police
officers to aid- it shall be the duty of police officers of all
ranks to aid the members of the service in the performance of
their duties under this Act.
19.
Indemnity-
No suit prosecution or other legal proceedings shall lie against
any person for anything which is done in good faith or intended
to be done. In pursuance of this Act, rule or order made
thereunder.
20.
Power
to make rules-(1) The State Government may, by notification in
the Official Gazette, make rules for carrying cut the purposes
of this Act.
(2)
In particulars and without prejudice to the generality of the
forgoing power such rules may provide for all or any of the
matters namely:-
(a) the manner of appointment of members of the service;
(b)
the conditions of service of the members of the service
including their ranks, pay and allowances hours of duty and
leave maintenance of discipline and removal from service;
(
c) the conditions subject to which members of the service and
equipment may be dispatched to perform service in areas outside
there jurisdiction.
(d)
the conditions subject to which members of the service may be
employed on rescue salvage or other work;
(e)
the manner of service of notices under the Act;
(f)
the payment of rewards and remuneration to persons not being
members of the service who render service for fire fighting
purpose;
(g)
the compensation payable to members of the service in case of
accidents or to their dependents in case of death while engaged
on duty;
(h)
for the employment of members of the service or use of any
equipment outside the area on special services and the fee
payable therefore;
(i)
uniforms for the members of the service;
(j)
accommodation for the members of the service; and
(k)
any other matter which is to be or may be prescribed under the
Act.
(3) Every rule made under this section
shall be laid, as soon as may be after it is made, before the
Legislative Assembly while it is in session for a total period
of not less than fourteen days, which may be comprised in one
session or in to or more successive sessions, and if before the
expiry of the session in which it is so laid or the sessions
aforesaid, the assembly makes any modification in the rule or
besides that the rule should not be made, the rule shall
thereafter have effect only in such modified form or be of no
effect, as the case may be, so, however, any such modification
or annulment shall be without prejudice to validity of anything
previously done under that rule.
21. Repeal and savings- If immediately before the
day on which this Act comes into force there is in force in that
area any law or rule having the force of law which
correspondence to this Act such corresponding law in so far as
it relates to any matter for which provision has been made in
this Act shall on that day stand repealed:
Provided that such repeal shall not be deemed to limit,
modify or derogate from the general responsibility of any local
authority:-
(a)
to
provide and maintain such water supply and fire hydrants for
fire fighting purposes as may be directed by the State
Government from time to time.
(b)
to
frame bye-laws for
the regulation of dangerous trades;
(c)
to
order any of its employees to render aid in fighting a fire were
reasonably called upon to do so by any member of the service and
(d)
generally
to make such measures as will lessen the likelihood of fire or
preventing the spread of fires;
THE
HIMACHAL PRADESH FIRE FIGHTING SERVICES
( AMENDMENT) ACT 2000
(Act No. 16 of 2000)
(Received
the assent of the Governor on
the 27th
May, 2000
and was
published in Hindi and English in R.H.P. Extra, dated
30th
May, 2000
at pages
1480-1482).
An Act further to amend the Himachal Pradesh Fire Fighting
Services Act, 1984 (Act No.30 of 1984)
BE it enacted by the Legislative Assembly of Himachal
Pradesh in the Fifty-first Year of the
Republic
of
India
, as
follows:-
1.
Short
title:- This Act may be called the Himachal Pradesh Fire
Fighting Services(Amendment) Act, 2000.
2.
Amendment
of section 2- In section 2 of the Himachal Pradesh Fire Fighting
Services Act 1984 (30 of 1984) (hereinafter referred to as the
‘principal Act’)-;
(a)
the
existing clause (a) shall be re-numbered as clause (aa) and
before clause (aa) so-renumbered, the following clause shall be
inserted, namely:-
“(a) “building” means
any structure whether of masonry, bricks, wood, mud, metal
or other material”.
(b)
the
existing clause (d) shall be renumbered as clause (ff) and after
clause (c), the following clause shall be added, namely:-
“(d
“occupier” includes-
(i)
any
person who for the time being is paying or is liable to pay the
owner 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
licensee in occupation of any land or building ; and
(iv)
Any
person who is liable to pay to the owner damages for the use and
occupation of any land or building;
(c
) after clause (e) the
following clause shall be added, namely:-
“(ee) “owner” means a person who is in actual
occupation/possession of the premises/land.
(a)
the
word “and” appearing at the end of clause (f) shall be
deleted and at the end of clause (ff) so renumbered, the word
“and” shall be inserted”.
3.
Amendment of section-7- In section 7 of the principal Act, at
the end, for the sign “” the sign “” shall be
substituted and thereafter, the following proviso shall be
added, namely:-
“ Provided that such Home Guards and Civil Defence
Volunteers who are trained in fire fighting shall be treated as
members of auxiliary fire services”.
4.
Amendment of section 8.- In section 8 of the principal Act;-
(i)
in
clause (d), after the words”so as to” but before the
words”provide water” the words “keep the fire hydrants
functional round the clock and to “, shall be inserted;
(ii)
in
clause (f), at the end, for the sign””, the sign and word”
and “ shall be substituted and thereafter, the following new
clause (g) shall be added, namely:-
(a)
require
the authority in charge of water supply to identify more and
more places for installation of fire hydrants and water storage
tanks keeping in view the expansion of town(s).”
5.
Amendment
of section 11:- In section 11 of the principal Act, for the
words “three months” and “five hundred rupees”, the
words “one year “ and “ five thousand rupees” shall be
substituted, respectively.
6.
Insertion
of section 11-A:- After section 11 of the principal Act, the
following section 11-!, shall be inserted, namely:-
“11-A. Offences by companies:- (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 for 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:
Provided that nothing contained in this sub-section shall
render any such person liable to any punishment provided in this
Act 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, Manager, 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 purpose 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”.
7.
Insertion
of sections 12-A, 12-B and 12-C- After section 12 of the
principal Act, the following sections 12-A, 12-B and 12-C shall
be inserted, namely:-
“12-A.
Cognizance of offences:-
No Court
shall take
cognizance of an offence under this Act, except on the complaint
of or upon information received from the Chief Fire Officer or
any other officer authorized by him in this behalf.
12-B
Jurisdiction- No court inferior to that of a judicial
Magistrate of lst class shall try any offence punishable under
this Act.
12-C.
Officers to be public servant – Every officer acting
under this Act shall be deemed to be a public servant within the
meaning of section 21 of India Penal Code (45 of 1860)”
8.
Insertion of section 15-A- After section 15 of the
principal Act, the following section 15-A, shall be inserted
namely:-
“15-A. No Objection Certificate- All building plans in
respect of buildings of above 15 metres of height, industrial
units and commercial establishments dealing with or using
explosive and highly inflammable substances shall require “ No
Objection Certificate” from the Director of Fire Services or
Chief Fire Officer, as the case may be, on the basis of
recommendations of Divisional Fire Officer or Station Fire
Officer concerned”.
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