1. Short title, extent and commencement
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.
10. Penalty FOR violation of duty etc.
11. Willfully 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.
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 Republicof India as follow:-
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.
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) Willfully 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 there under.
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``.