The Haryana Fire and Emergency Services Act, 2022 (Haryana Act No. 14 of 2022) as Extended to U.T., Of Chandigarh

42 THE GAZETTE OF INDIA : EXTRAORDINARY [PART 1I—SEC. 3(ii)] MINISTRY OF HOME AFFAIRS NOTIFICATION New Delhi, the 6th May, 2026 $.0. 2264(E). —In exercise of the powers conferred by Section 87 of the Punjab Reorganisation Act. 1966 (31 of 1966). the Central Government hereby extends to the Union territory of Chandigarh, the Haryana Fire and Emergency Services Act, 2022 (Haryana Act No. 14 0f 2022), as in force in the State of Haryana from the date of publication of this notification, subject to the following modifications, namely:- MODIFICATIONS In the Haryana Fire and Emergency Service Act, 2022, so extended 1o the Union temitory of Chandigarh (hereinafter referred to as the said Act).— 1. for section | of the said Act, the following section shall be substituted, namely:- i Short title and commencement.— (1) This Act may be called the Haryana Fire and Emergency Services Act. 2022 (as extended to the Union temmitory of Chandigarh), (2) It shall come into force with effect from the date of its publication in the Official Gazette.". 2. Throughout the said Act, save as otherwise expressly provided hereinafter:- (@) for the word “Government” wherever it occurs, the word “Administrator”, shall be substituted: (b) for the word “State” wherever it occurs, the words “Union temmitory of Chandigarh™ shall be substituted; {e) for the words “the State of Haryana" wherever they occur. the words “Union termitory of Chandigarh” shall be substituted; (d) for the word “Dircctor” wherever it occurs, the words “Chief Fire Officer™ except as mentioned in section 31 shall be substituted; (e) for the words “District Magistrate™ wherever they occur, the word “Commissioner” shall be substituted. 3 In section 2. — (a) inclause (a), for the words “Additional Chiel Secretary/Principal Secretary 1o Government, Haryana in the Administrative Department™, the words “the Secretary, Local Government, Chandigarh Administration or any other officer as may be authorised by him™ shall be substituted; (b) after clause (a). the following clauses shall be inserted, namely:— “(aa) “Administrator” means the Administrator of the Union territory of Chandigarh appointed by the President under Article 239 of the C. onstitution; (ab) “Administration™ means Chandigarh Administration of the Union temritory of Chandigarh."; (€) inclause (b), for the words “the Haryana Municipal Act, 1973" (24 of 1973), the words “the Punjab Municipal Corporation Law (Extension to Chandigarh) Act, 1994” shall be substituted; & lI—avw 3(ii)] AT T TTATH ¢ AT 43 6. () (e) (g) (h (0] 0 (k) (U] (m) clause (c) shall be omitted: after clause (d). the following clause shall be inserted. namely:- *(da) “Commissioner” means the Commissioner of the Municipal Corporation, Chandigarh as appointed under the Punjab Municipal Corporation Law (Extension to Chandigarh) Act, 19947 inclause (e). for the words “Assistant Divisional Fire Officer and Fire Station Officer”, the words “Station Fire Officers and Sub-Fire Officers™ shall be substituted; in clause (1), after the words “under section 4", the words “of this Act” shall be inserted: in clause (i). for the words “Government or local authority™, the words “Local Authonty™ shall be substituted; in clause (k). for the words “in accordance with the provisions of Part-IV of the National Building Code of India. 1983 as revised from time to time™, the words “as may be prescribed under this Act” shall be substituted: clause (m) shall be omitted: in clause (). for the words “Municipal Corporation, Municipal Council. Municipal Committee. Gram Panchayat, Cantonment Board or any other authonity established, constituted or incorporated for providing and maintaining fire services”, the words “Municipal Corporation, Chandigarh™ shall be substituted: for clause (1), the following clause shall be substituted. namely:— “(1) “Licensed Agency means a person or an entity to whom the license is granted under section 55A of the Act’: after clause (1), the following clause shall be inserted, namely:— *(ta) *U.T. Chandigarh™ means the Union Ternitory of Chandigarh.". In section 4, for the words “the Government may appoint any suitable officer of Group A services as Director”, the words “the administrator may appoint any suitable officer as a Chief Fire Officer” shall be substituted. In section 5,— () (b) (c) (d) in sub-section (1), for the word “Government”, the word “Commissioner” shall be substituted: in sub-section (2). in clauses (i), (ii). (iii) and (vii), for the word “Government”, the words “Administration through Commissioner™ shall be substituted: in sub-section (2). in clause (ix). for the word “Government”, the words “Chandigarh Administration, Chandigarh or Municipal Corporation, Chandigarh™ shall be substituted; in sub-section (2). in clause (xi), for the word “represent”. the words “on behall of Commissioner™ shall be substituted, In section 7,— () (b) in sub-section (1). for the word “Government”, the word “Commissioner” shall be substituted: in sub- on 3. in clause (i), for the word “District”, the words “Union termtory. Chandigarh™ shall be substituted. In section 8, for the words “such, as may be prescribed”, the words “regulated as per the rules or regulations framed under Municipal Corporation Act as extended to Union territory of Chandigarh™ shall be substituted. 44 THE GAZETTE OF INDIA : EXTRAORDINA RY [PART II—SEC. 3(ii )N K. In section 10, in clause (v). after the words “a Police Station™. th e words “for this purpose” shall be inserted. 9. In section 15.— (a) for the word “Government™, the word “Commissioner” shall be substituted: ) (b) for the word “Notification™, the words *“general or special order” shall be substituted. 10. In section 16, in sub-section (4), for the words “ten thousand rupees™, the words “one lakh rupees™ shall be substituted. For section 18, the following section shall be substituted, namely:— *“18. Liability of owner or occupier for approval of firefighting scheme. (1) Without prejudice to the provisions of any law for the time being in force relating to fire prevention and life safety measure, the owner. or where the owner is not traceable, the occupier of any building or part thereof, falling in the following categories. either individually or jointly. shall apply and obtain the necessary approval of firefighting scheme from the Chief Fire Officer or any other fire officer as authorised by him 10 ensure the installation of sppropriate fire prevention and life safety measures as may be prescribed. namely:- (a) all high-rise buildings (except residential buildings up to a height of 16.5 meters); and (b) special buildings including— (1) hotel. educational, institutional, business, mercantile, industrial, storage. hazardous and mixed occupancies, where any of these buildings have floor area more than five hundred square meter (five hundred square meters) on any one or more floors: (i) educational buildings having height of nine meters and above: (i) institutional buildings having height of nine meters and above: (iv) all assembly buildings: (v) buildings, having area more than three hundred square meters of incidental assembly occupancy on any floor; and (i) buildings with two basements or more, or with one basement of area more than five hundred square meters unless otherwise mentioned specifically in the provisions. (vii) any other building as may be prescribed, 2) The Chicf Fire Officer or any fire officer authorised by the Chief Fire Officer in this behalf may‘lnkc cognizance of any application and shall scrutinise the application with regard 1o the requirement as may be prescribed. 3) The Chief Fire Officer or any fire officer authorised by him in this behalf, after scrutiny may grant I.hc nmm'nl of firefighting scheme for the buildings mentioned in sub-section (1) or reject the said application after recording reasons in writing within such time, as may be prescribed: - Pmnvtkd that the Chi.ef Fire Officer or any fire officer authorised by him in this behalf e upptmm.ng the firefighting scheme May impose any additional conditions or fire safety measures, which he deems fit, for the safety of people and safety of the building de; i 4 tisk involed, Lo @) The height of a buildi i . 7 5z P 8 ng shall not, by itself, constitute a limiting factor for approval under [ LH—ave 3(ii)] T T T | ST 45 14 Provided that adequate fire prevention and life safety measures, evacuation strategies, fire- fighting access and modem fire protection systems commensurate with the occupancy risk and fire load are ensured in accordance with the standards as may be prescribed.” In Section 19,— (a) in sub-section (1), for the words, brackets and figure “under sub-section (2)", the words. brackets and figure “in sub-section (1)" shall be substituted: (b) in sub-section (4), for the words, brackets, letters and figures “specified in clause (a) of sub- section (2) of section 18 shall be valid for three years, for residential buildings above sixteen and half meters (16.5 meters) shall be valid for five years and for special buildings as specified in clause (b) of sub-section (2) of section 18 shall be valid for three years”, the words, brackets and figures “mentioned in sub-section (1) of section I8, shall be valid for five years" shall be substituted: (<) sub-section (5) shall be omitted: (d) for sub-section (6), the following sub-section shall be substituted, namely:- “(6) The owner or occupier, as the case may be. shall furnish to the Fire Officer, a certificate in the prescribed form issued by a licensed agency regarding the compliance of the fire prevention and life safety measures in his building or part thereof, as required by or under the provision of this Act, and shall also fumish to the Fire Officer a certificate, in the prescribed form issued by a licensed agency once in a year in the month of July, to the extent that the firefighting system installed in such building is working in good condition and there is no addition or alteration in the building. The Fire Officer may randomly check such buildings. In case there is any addition or alteration beyond permissible limits under the fire safety measures, as may be prescribed, the fire safety certificate shall cease to exist and the owner shall apply for approval of revised Fire Fighting Scheme as per the provisions of section 18.". In section 20,— (2) in sub-section (2), for the words “Fire Officer or any officer authorised by the Director competent to approve the renewal of fire safety certificate may impose any additional conditions with regard to fire safety and life safety measures which he may deem fit, for the safety of people and building depending upon the ground situation”, the words “the Chief Fire Officer or any other fire officer authorised by him in this behalf may impose any additional conditions with regard to fire safety and life safety measures in case of any altemation or addition carried out by the owner or occupier” shall be substituted: (b) in sub-section (3), for the words, brackets, letters and figure “three years for buildings as mentioned under clauses (a) and (b) of sub-section (2)”. the words, brackets, letters and figure “five years for buildings as mentioned under clauses (a) and (b) of sub-section (1)" shall be substituted; (€) sub-section (4) shall be omitted. In section 22.— for sub-section (1), the following sub-section shall be substituted, namely:— (a) *(1) To ensure effective fi this Act and the rules made may be. shall appoint a Fire be prescribed.” re prevention and life safety measures in all buildings as required under hereunder. every owner or occupier, individually or jointly, as the case Safety Officer. having such qualifications and eligibility criteria, as may 46 THE GAZETTE OF INDIA : EXTRAORDINARY [PART I1—SEC. 3(ii)] 15 20. 21. 22 23. 24, (b) for sub-section (4), the following sub-section shall be substituted, namely:— “(4) The Fire Safety Officer shall have to undergo training at any recognised Fire and Emergency Service Training Institute: Provided that a person who has already undergone such training at the National Fire Service College, Nagpur run by the Ministry of Home AfTairs or at any other equivalent institution, shall not be required to take such training.”. In section 24, in sub-section (2). in clause (iii), for the words and figure “specified for such building as per provisions of Pant-1V of the National Building Code. 1983 as revised from time to time", the words “specified for such building under this Act and the rules made thereunder” shall be substituted. In section 25, for the words “fifty thousand rupees”, the words “two lakh rupees™ shall be substituted. In section 26, in sub-section (1), for the words “ten rupees” and “fifty rupees”, the words “one hundred rupees™ and “two hundred rupees” shall respectively be substituted. In section 27, in sub-section (3). after the word “compensation™, the words “the order passed under this sub-section shall have the force of decree of a civil court and shall be implemented within thirty days from the date of receipt of the order” shall be omitted. In section 28, for the words “ten thousand rupees”, the words “one lakh rupees” shall be substituted. In section 29, for the words “shall be punishable with imprisonment which may extend to three months or with fine which may extend to ten thousand rupees, or with both™, the words “shall be liable to pay penalty which may extend to one lakh rupees to be imposed by the Chief Fire Officer or any officer authorised by him in this behalf. In case of subsequent violation, the penalty imposed shall be double of the penalty imposed for first violation.™ shall be substituted. In section 30, for the words “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 and where the a continuing one with a further fine which may which such offence continues"”, offence is extend to one thousand rupees for every day during « the words “be liable to pay penalty which may extend to one lakh rupees to be imposed by the Chief Fire Officer or any officer authorised by him in this behalf and in case of subsequent violation, the penalty imposed shall be double of the penalty imposed for first violation™ shall be substituted. In section 31, for sub-section (1), the following sub-section shall be substituted, namely:— “(1) Where an offence under this Act has been conu who., at the time the offence was committed, was in-charge of, and was responsible for the conduct of the affairs of the Company shall be liable to pay penalty which may extend to one lakh rupees, to be imposed by the Chief Fire Officer or any officer authorised by him in this behalf. In case of subsequent violation, the penalty imposed shall be double of the penalty imposed for first violation.”. mitted by a Company, every person In section 32, in sub-section (1), for the word “Government”, the word “Administrator” shall be substituted. In section 36, in sub-section (2). after the words “shall be final" « the words “and binding" shall be inserted. 3 47 [amr H—avz 3(ii)] AT AT AT : T 25. 26. 27. 28. 29. 30. 3L 3. 3. 34, (a) (b) In section 37— (a) in sub-section (1), for the words “private candidates from industries. high rise' bu“‘fni:] :ml: nll;er Government and Non-Government establishments™, the words “any candidate.” s| substituted: ) . . (b) in sub-sections (2) and (3). for the word “Government”, the word “Commissioner” shall be substituted; (€) in sub-section (4), for the words “Govemnment for the administration”, the words “Local Authority for execution™ shall be substituted; In section 39,— in sub-section (1), for the words “A fire tax shall be levied on buildings on which property tax is levied by any local authority™, the words and figures ™A fire tax or cess shall be levied in accordance with the provisions of the Punjab Municipal Corporation Act 1994 as exte nded to Union Territory of Chandigarh™ shall be substituted: in sub-section (2), for the words “Fire Tax", the words “Fire Tax or Cess™ shall be substituted. For section 40, the following section shall be substituted. namely:— “40. Mode of assessment, collection, etc. of fire tax.— tax shall be as per the provisions of the Punjab Municipal Corporation Act 1994 (as extended to Union Territory of Chandigarh)." The mode of assessment, collection of fire In section 41, — (a) in sub-section (1), for the words “Government or local body or Fire and Emergency Services, such Government or local body or Fire and Emergency Service s. as the case may be”, the words “any entity, such entity” shall be substituted: (b) in sub-section (2), for the words “Deputy Director”, the words substituted. “Station Fire Officer” shall be In section 42_ in sub-section (2). for the word “Govemment", the word substituted. “Commissioner™ shall be In section 44, for the words “Director may. with the previous sanction of | us sanction of the local authorif In section 45, for the words “any other state law™ he Government™, the ty" shall be substituted. member or to the next of ki ssioner shall pay adequa, " ; the Administrator, a5 the case may be™ shall be substituteq special orders issued by Insection 50, for the woy rds, brackets and fi “sectj Act 45 of 1860)", (he jSures section 21 of the Indi > Words, brackets and figures “clause (28 o Cae, 1860 {Central Sanhita, 2023, (Central Act 45 0f2023)." shaly be substituted ozt e Bh“""‘iy“ Ve In section 5| for the word “Government « the word “C ommissioner” sha| be substituted, [PART I1—SEC. 3(ii)] THE GAZETTE OF IN DIA EXTRAORDINAR Y 48 35. 36. 37. 38. 39. 40. | be substituted, namely :- For section 52, the foll owing section shal notification in the Offic ial Gazette. ) The Administrator ma y. by rovisions of this Act. soon as may be, after it is made. before each 52, Power to make rule s.— (1 make rules for carrying out the p! ry rule made under thi s Act shall be lnid. as (2) Ever House of Parliament, while it is in session.”. word “Administrator ” shall be substituted. In section 53. for the wor d “Director”, the In section 54, sub-sec tion (2) shall be omit ted. In section 55. the word “ State" shall be omitted. ion shall be inserted. name ly:— revention and life saf ety measures. (1) prescribed form and in After section 55, the foll owing sect «85A. Licensing and regulation of agencie s for fire p Any person or entity may apply for license or rene wal of such license in the the prescribed manner al ong with such fee, as may be prescribed. the Commissioner may. a fter holding bed form for a period of two years 2) Upon receipt of an np pli:nxion under Sub- section ( ). g. by order refuse to gra nt such inquiry as he dee ms fit, either grant the license in the prescri or renew the same for a like period or, for reason s 10 be recorded in writin | or renew such license. ¢ has reason to believe that any person to who m the license is r of the rules or has fai led to comply with the nfit by reason of incom petency. misconduct or any other grave fter giving 8 reasonable o pportunity of hearing an d for the reasons d or cancel the license. Where the Commissione 3) visions of this Act 0 granted, has contraven ed any pro’ conditions of the license or is u reasons, the commission er may. & {0 be recorded in writing . by order suspen out the work of p lated activities required to be carried 4) Licensed agency shall c arry roviding fire prevention and life safety measures or performing such other re out in any place or building or part thereo f as may be prescribed: is satisfied that, for any reason. to be recorded in ntion and fire safety mea sures y. he may authorise an y d out by such authori sed Provided that, if the Chi ef Fire Officer writing, the owner or oc cupier is not able to car ry out the fire preve in any such place or b uilding or part thereof through a Licensed A genc person or persons s he thinks fit to carry out su ch work. and any work c arrie person or persons shall be deemed to be carried out by the Licensed Ag ency. (5) No Licensed Agency or any furnish a certificate und er sub-section (6) © of the firefighting sys tem instal maintenance. be such Licensed Age ncy shall garding good working co ndition actual such compliance or other person claiming to f section 19 the Act re lled in such building, wit hout there being sub-section (1). the fol lowing sub-section shal l be substituted. namel y:— In section 56, for Act, 1986 (56 of 1986 ) as extended 1o the Un ion “(1) The Delhi Fire Prev ention and Fire Safety Territory of C| handigar h is hereby repealed.”. [F-No. U-l 1015/1/202 5-UTL] PRAVEEN KUMAR RA L Jt. Secy. GTA T TTATH - AT 49 [ar [1I—avs 3(ii)] Appendix PART -1 HARYANA GOVERNMENT LAW AND LEGISLATIVE DEPARTMENT NOTIFICATION The 8th April, 2022 No. Leg. 14/2022.— The following Act of the Legislature of the State of Haryana received the assent of the Governor of Haryana on the 7th April, 2022 and is hereby published for general information:- HARYANA ACT NO. 14 OF 2022 THE HARYANA FIRE AND EMERGENCY SERVICES ACT, 2022 AN ACT to consolidate the law relating to Fire and Emergency Services and to make provisions for prevention of fire and providing of fire safety measures in the buildings in the State of Haryana and for matters connected therewith and incidental thereto. Be it enacted by the Legislature of the State of Haryana in the Seventy-third Year of the Republic of India as follows:— Short title. 1. This Act may be called the Haryana Fire and Emergency Services Act, 2022, Definitions. 2. In this Act, unless the context otherwise requires,— (a) “appellate authority" means the Additional Chief Secretary/ Principal Secretary to Government, Haryana in the administrative department; (b) “building™ shall have the same meaning as assigned to it in the Haryana Municipal Act, 1973 (24 of 1973) 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 £as line installations or pumps; (€) “bye-laws™ means fire safety regulations as prescribed in Haryana Building Code, 2017, provisions of Part-1V of National Building Code of India 1983 as revised from time to time containing fire prevention and life safety measures to be implemented in the buildings as laid down by the Bureau of Indian Standards, Oil Industry Safety Directorate Guidelines, 1986, the Petroleum Act, 1934 (Central 50 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] Act 30 of 1934) and rules made thereunder and the Explosives Act, 1884 (Central Act 4 of 1884) and rules made thereunder; (d) “Bureau of Indian Standard (BIS)" means National Standard Body of India established under the Bureau of Indian Standards Act, 2016 (Central Act 1] of 2016); (e) “Fire Officer” includes Assistant Divisional Fire Officer and Fire Station Officer appointed for fire stations and other field formations, as the case may be; (f) “Director” means the Director, as the case may be, appointed by the Government under section 4; (g) “disaster” means disaster as defined in the Disaster Management Act, 2005 (Central Act 53 of 2005); (h) “erector” means a person or association of persons, whether corporate or otherwise, who erects or makes a pandal or any structure for assembly of people on a regular or temporary basis; (i) “Fire and Emergency Services' means any serious situation or occurrence that happens unexpectedly and demands immediate action of Fire and Emergency Services of the Government or local authority; (j) “fire station™ means a building erected to house the fire fighting equipment, appliances and staff and declared by the Government to be a fire station and other field formations as constituted under section 6 of this Act; (k) “fire prevention and life safety measures” means such measures as are necessary in accordance with the provisions of Par- IV of the National Building Code of India, 1983 as revised from time to time for containment, control and extinguishment of fire and for ensuring the safety of life and property: (1) “Fire Safety Officer” means a person appointed under section 22 by the owner or occupier of certain buildings as specified in this behalf to ensure fire prevention and fire safety measures installed in such buildings: (m) “Government” means the Government of the State of Haryana in the administrative department; (n) “local authority™ means the Municipal Corporation, Municipal Council. Municipal Committee, Gram Panchayat, Cantonment Board or any other authority established, constituted or incorporated for providing and maintaining fire services; (0) “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: (p) “occupier” means— @) 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: (i) an owner in occupation of, or otherwise using his land or building; (iii) a rent-free occupant of any land or building; (iv) a licensee in occupation of any land or building: and ) any person who is liable to pay to the owner damages for the use and occupation of any land or building: (q) “owner" includes a person who for the time being is receiving or is entitled to receive the rent of any land or building, whether on his own account or as an agent. [amr H—mams 3(ii)] AT T I ¢ ST 51 Fire and Emergency Services. Appointment of Director. Powers, duties and functions of Director. trustee, guardian or receiver or any other person who shall receive the rent or is entitled to receive the rent if the land or building or part thereof is let out to tenant; (r) “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; (s) “prescribed™ means prescribed by the rules made under this Act; (t) “State™ means the State of Haryana. 3. There shall be Fire and Emergency Services for the State of Haryana consisting of officers and officials of the Fire and Emergency Services who shall be posted anywhere within the State: Provided that the Government may. by notification in the Official Gazette, declare any other service or disaster to be Fire and Emergency Service. 4. The Government may appoint any suitable officer of Group ‘A’ services as Director. Haryana Fire and Emergency Services. S. (1) The Director shall subject to the superintendence and control of the Government, direct and regulate all matters of fire safety and prevention, fire fighting equipments, machinery and appliances, training, distribution of duties, study of laws and maintenance of discipline of personnel in the Fire and Emergency Services. (2) The Director shall,— (1] keep liaison with the Government for the development of Fire and Emergency Services: (i) frame and take steps for implementation of the policies relating to the development of Fire and Emergency Services after obtaining approval of Government: (iii) prepare and submit plans and proposals to the Government with regard to the periodical review of fire equipments, properties and manpower for effective implementation of Fire and Emergency Services: (iv) ensure that Fire and Emergency Management Plans of the Fire Stations and other field formations are prepared in conformity with the respective State Disaster Management Plans; ) ensure deployment of Fire and Emergency Services. resources, equipments and fire personnel at standby duty for any fire response or any other emergency within the State as well as for adjoining States; (vi) take or cause to be taken such effective steps and measures in case of major fire, house collapse and other emergency services; (vii) investigate or cause to be investigated the reason of fire and submit the report to the Government with the recommendations including implementation of fire precautionary measures: (viii) depute such number of members/personnel as may be necessary to assist any Fire Officer of the Fire and Emergency Services: (ix) implement the policies framed by the Government from time to time: 52 THE GAZETTE OF INDIA : EXTRAORDINARY [PART 1I—SEC. 3(ii)) Setting up of fire divisions, fire stations and other field formations. Appointment, powers, duties and functions of Fire Officer. Method of recruitment of members of Fire and Emergency Services. Auxiliary Fire and Emergency Service. Powers of Officer-in- charge. (x) establish advance training centres for providing training in the field of fire and rescue operations; (xi) represent the State of Haryana in National and Intemational forums to update the standard of Fire and Emergency Services: (xii) perform any other function or duty as may be necessary for carrying out the provisions of this Act. 6. (1) The Government for the purpose of securing fire prevention and life safety measures within the State shall, by notification in the Official Gazette, constitute as many fire divisions, fire stations and other field formations. as it may deem fit to meet with the need of Fire and Emergency Services, having regard to the population, potential fire hazards in industrial sector, commercial and mercantile establishments and buildings. (2) Every notification issued under sub-section (1) shall define the limits of the fire divisions, fire stations and other field formations for administrative and operational efficiency. 7. (1) The Govemment or the Director shall appoint a Fire Officer for each fire station, who shall be the officer-in-charge of the fire station and shall be responsible for the maintenance of communication system, water resources including hydrants, operation of Fire and Emergency Services within his area, (2) Subject to the control, direction and superintendence of the Director, the Fire Officer shall exercise such powers and perform such duties, as may be prescribed. (3) Without prejudice to the provisions of sub-section (2), the concemed Fire Officer shall,— (6] in case of Fire and Emergency Services, act as Commanding Officer and in such a situation, the other Fire and Emergency Services not under his control shall work under his command: (i) ensure that Fire and Emergency Management Plan of the Fire Station and other field formations is prepared in conformity with the respective District Disaster Management Plan: (iii) ensure the timely turnout of fire units on fire and emergency related calls as per such standard operating procedures, as may be prescribed: (iv) ensure deployment of Fire and Emergency Services, resources, equipments and fire personnel at standby duty for any fire response or any other emergency within his jurisdiction. 8. The method of recruitment, the service of the members of the Fire shall be such, as may be prescribe pay and allowances and all other conditions of and Emergency Services appointed or engaged, 9. Whenever it appears to the Govern, and Emergency Services, it may enrolment of volunteers for such deem fit. ment that it is necessary to augment the Fire raise an auxiliary Fire and Emergency Service by area and on such terms and conditions, as it may 10. On the occurrence of fire in any area, the officer/official of the fire fighting operations on the spot shall be the officer-in-charge who may,— [ H—ame 3(ii)] 53 Requisition of fire fighting property. Power to arrange water supply and other necessary measures. No compensation for interruption of water supply. Charges for water consumption. Preventive measures. 0] order any other member of the Fire and Emcrgenc.y Scr}'ices to remove any person who by his presence interferes with or impedes the operation for extinguishing of fire or for saving life or property: @i close any street or passage in or near which a fire is being fought and rescue operation is in progress; (iii) 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 and carrying out rescue operations: (iv) 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 exlinguishipg or limiting the spread of such fire and carrying out rescue operations; ) exercise the same powers for dispersing an assembly of persons likely to obstruct the fire fighting operations as if he is/was an officer- in-charge of a police station and shall be entitled to the same immunities and protection as an officer-in-charge of a police station; (vi) detain a person who wilfully obstructs and hinders Fire and Emergency Services personnel in fire fighting and rescue operations and hand over him to a police officer or at the nearest police station without delay specifying the time, date and reasons of detention in writing. 1. Where the Director or Fire Officer or officer-in-charge of a fire fighting or any emergency operation requires fire fighting equipment and appliance or property of any other authority or any institution or individual, he may. by order, requisite such equipment or property for the purpose of extinguishing fire or to meet with any other emergencies in any area and take possession thereof from the authority or any institution or individual, as the case may be. 12.(1) It shall be lawful for the officer-in-charge of the fire fighting operations to draw water from any source in the area which he considers necessary during fire fighting operations, as may be required and on such occasions. the owner or occupier having control over such water source shall supply water for that purpose. (2) The officer-in-charge of the fire fi supply of water for use in the incident o for fire fighting operation. ghting operations shall ensure adequate f fire and shall take all necessary measures 13. No person i.n-chnrgc of water supply in any area shall have right to claim for any compensation for damages by reason of any interruption of supply of water caused in compliance with sub-section (1) of section 12, 14. Njo chnrgcsAshull be claimed by any local authority for water consumed in fire fighting operations or fire drills or for installation and maintenance of hydrants static water tanks or any other arrangement of water supply for fire fighting 15. The Government shall, by notification, re place or premises in any area which in its opi take such preventive measures, as may be quire any owner or occupier of any nion is likely to cause risk of fire, to specified in such notification, 54 THE GAZETTE OF INDIA : EXTRAORDINARY [PART 11—SEC. 3(ii)] Fire prevention and life safety measures in pandal. Removal of encroachment, objects or goods likely to cause a risk of fire or any obstruction to fire fighting, Liability of owner or occupiers for approval of fire fighting scheme. 16. (1) The erector of pandal shall be deemed to be sclf-r.e gulamr for taking fire prevention and life safety measures as per provisions of this Act . (2) The erector of pandal shall display at a prominent place in the pandal, a declaration in the prescribed form under his own signature to the eff ect that he has taken all prescribed fire prevention and life safety measures. (3) The Director or any officer authorized by him in this behalf shall ha ve the power to enter and inspect the pandal to venify the correctness of the decla ration so made by the erector under sub-section (2) and to point out the shortcomin gs. if any, with the directions to remove them within a specified time. If such dire ctions are not complied with within the time given, the Director or the officer authorised by him shall seal the pandal. (4) Any erector of a pandal who falsely declares that he has complied with the prescribed fire prevention and life safety measures in the pandal shall be deemed to have committed an offence and 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 and where the offence is a continuing one with a further fine which may extend to one thousand rupees for every day during which such offence continues. 17. (1) Whenever it comes to the notice of the Director or any other officer authorized by him, he may direct the removal of encroachment, objects or goods likely to cause risk of fire or any obstruction to fire fighting 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 any other officer authorized by him in this behalf may, after giving the owner or occupier or erector, as the case may be. a reasonable opportunity of making representation and in case the Director or an officer authorised by him in this behalf is not satisfied with such representation, shall with detailed reasons report the matter to the concerned District Magistrate. (2) On receipt of a report under sub-section (1). the District Magistrate shall, by means of a notice served in such manner, as he may think fit. give a reasonable opportunity to owner. occupier or erector. as the case may be of showing cause against the removal of encroachment or objects or goods likely to cause a risk of fire or obstruction to fire fighting. (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 District Magistrate after considering the representation, may withdraw the notice or make an order to seize, detain or remove such encroachment, objects or goods. (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, in the manner as may be prescribed. to the person in possession thereof at the time of seizure that the said objects or goods shall be sold as if the same are not claimed within the period stipulated in the said notice. (5) On the failure of the person in whose possession the objects or goods were at the time of seizure, to claim the seized goods pursuant to notice given under sub- section (4), the District Magistrate shall sell them in public auction. I8. (1) In compliance of the provisions of Part IV of the National Building Code of India, 1983 as revised from time to time. Haryana Building Code. 2017 and any other State law or bye-laws, as applicable on relevant premises, the owner or the occupier of a building, who is responsible either individually or jointly shall- (i) provide fire fighting installations and life safety measures; [am L—ame 3(ii)] AT AT TAATT © ATATITTN 55 (1) maintain the fire prevention and life safety measures in operational condition at all times. (2) Any person proposing to construct a building as mentioned in clauses (a) and (b) hereunder. after approval of building plans from the officer competent to approve the same under the relevant law, shall apply for approval of the fire fighting scheme confirming to the provisions of this Act and Part- IV of the National Building Code of India. 1983 as revised from time to time, to the Director or any officer authorized by him in this behalf, in such form, alongwith such fee. as may be prescribed, namely:- (a) all high rise buildings (except residential buildings upto height of 16.5 mtrs); and (b) special buildings including- (i) hotel. educational, institutional, business, mercantile, industrial, storage, hazardous and mixed occupancies. where any of these buildings have floor area more than five hundred square meter (500 square meters) on any one or more floors; (ii) educational buildings having height of nine meters (9 meters) and above: (iii) institutional buildings having height of nine meters (9 meters) and above: (iv) all assembly buildings; (v) buildings, having area more than three hundred square meters (300 square meters) of incidental assembly occupancy on any floor: and (vi) buildings with two basements or more, or with one basement of area more than five hundred square meters (500 square meters) unless otherwise mentioned specifically in the provisions. (3) Any officer duly authorized by the Director in this behalf may take cognizance of any application and shall scrutinize the application with regard to the requirement of Haryana Building Code. 2017 and Part-IV of National Building Code, 1983 as revised from time to time. The Director or any officer authorised by him in this behalf, after scrutiny may grant the approval of fire fighting scheme which shall be valid for a period of five years for the buildings mentioned in clause (a) of sub-section (2) and for a period of two years for the buildings mentioned in clause (b) of sub-section (2) or reject the said application after recording reasons within such time, as may be prescribed: Provided that the Director or any other officer authorized by him in this behalf while approving the Fire Fighting Scheme may impose any additional conditions/fire safety measures, which he deems fit, for the safety of people and safety of the building depending upon the ground situation. (4) In case of approach road/ abutting road on which building is to be constructed and set backs or open space around such building to be constructed, the parameters laid down under the Haryana Building Code 2017, shall be applicable. (5) The maximum height of the storage building shall be permissible up to twenty one meters (21 meters) subject to the condition that no regular/continuous human habitation shall be accessible for general public beyond fifteen meters (15 meters) in height. In case of classes of occupancy or building for which fire prevent ion and fire safety measures are not mentioned in the provisions of Part- [V of the N ational Building Code of India, 1983 as revised from time to time and separate gui delines are not issued by the Bureau of Indian Standards or Oil India Safety Directorate , the Director or any officer authorized by him in this behalf may require the owner 56 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] Issuance of Fire Safety Certificate. or occupier of such occupancy or building or premises to pro\ide_ fire prevention and fire safety measures in accordance with the parameters laid down by the National Fire Protection Association Institution (U.S.A.). (6) The maximum travel distance of the building shall be such as specified in the Haryana Building Code, 2017 as revised from time to time. (7) The maximum height of the industrial building shall be permissible up to thirty meters (30 meters) for low and moderate hazard buildings (except hlgfi hazard buildings) subject to the condition that no regular/continuous human habitation is permitted beyond eighteen meters (18 meters) in heighl.for low and m_ndcrxne hazard buildings. In case of classes of occupancies or buildings or premises for which fire prevention and life safety measures are not mentioned in the provisions of Part-1V of the National Building Code of India, 1983 as revised from time and time and separate guidelines are not issued by the Bureau of Indian Slundarqs or Oil India Safety Directorate, in such cases, the Director or any officer authorized by him in this behalf, may require the owner or occupier of such occupancy or building or premises to provide fire prevention and life safety measures in accordance with the parameters laid down by the National Fire Protection Association Institution (U.S.A.). 19. (1) On completion of the construction of the building mentioned under sub- section (2) of section 18 and installation of the fire protection and preventive measures as per approved Fire Fighting Scheme. the owner of the building shall apply for fire safety certificate to the Director or any officer authorized by him in this behalf. in such form alongwith such fee. as may be prescribed. (2) On receipt of application under sub-section (1), the concerned officer shall scrutinize the application and inspect the building for compliance of fire fighting scheme. (3) After inspection of fire safety installation and means of escape as per approved fire fighting scheme, the concemed officer shall submit his report to the Director or any other officer authorised by him within such time, as may be prescribed. After examination, the Director or any officer authorised by him may grant approval and issue fire safety certificate or reject the said application after recording the reasons, within such time as may be prescribed. (4) The fire safety certificate issued for the buildings specified in clause (a) of sub- section (2) of section 18 shall be valid for three years, for residential buildings above sixteen and half meters (16.5 meters) shall be valid for five years and for special buildings as specified in clause (b) of sub-section (2) of section 18 shall be valid for three years, !5) Notwithstanding anything contained in any other State law for the time being in force. no authority empowered to issue the occupation Certificate of such building shall issue the occupation certificate unless the provisions of this section are complied with: .Pm\'ided that ll}e_ authority competent to approve the fire safety certificate may tmpose any additional conditions with regard to fire safety and life safety measures as he may deem fit. for the safety of people and building depending upon the ground situation. N (6) The owner or occupier of the building shall give a self-declaration certificate ;mnu:_\lly_(o the effect that the fire fighting system installed in his building is w'orkmg 1n good condition and there is no addition/alteration in the building. The Fug .Officer may randomly check such building. In case there is any addition/alteration beyond permissible limits under the Haryana Building Code, [ I—avs 3(ii)] Renewal of fire safety certificate. Cancellation of fire safety certificate. Appointment and functions of Fire Safety Officer by owner or occupier. 2017, the fire safety certificate shall cease to exist and the owner shu'll apply for approval of revised Fire Fighting Scheme as per the provisions of section 18. 20. (1) The owner or occupier of building shall apply for renewal of fire safety certificate within such period in such form, alongwith such fee, as may be prescribed. (2) The Fire Officer shall scrutinize the application and carry out the inspection of fire safety installations, means of escape etc. and if the building fulfi!s lh.e prescribed norms, the Fire Officer or any officer authorized by the Director in this behalf, shall issue the renewal of fire safety certificate or reject the same after recording reasons in this regard within such time as may be prescribed: Provided that the Fire Officer or any officer authorised by the Director competent to approve the renewal of fire safety certificate may impose any additional conditions with regard to fire safety and life safety measures which he may deem fit, for the safety of people and building depending upon the ground situation. (3) The validity of renewal of fire safety certificate shall be three years for buildings as mentioned under clauses (a) and (b) of sub-section (2) of section 18, (4) The owner or occupier of the building shall give a self-declaration certificate annually to the effect that the fire fighting system installed in his building is working in good condition and there is no addition/alteration in the building. The Fire Officer may randomly check such building. In case there is any addition/alteration beyond permissible limits under the Haryana Building Code, 2017, the renewal of said fire safety certificate shall cease to exist and the owner shall apply for approval of revised Fire Fighting Scheme as per the provisions of section 18, 21, (1) If the owner or occupier, as the case may be, fails to comply with the directions issued by the Director or any officer authorised by him in this behalf, the fire safety certificate or renewal of fire safety certificate issued under sections 19 and 20, may be cancelled by the issuing of hearing to the owner or occupier., (2) The owner or occupier of the buildin, cancelled, shall not be entitled to of non-compliance of fire preventi 2, whose fire safety certificate has been occupy the building or premises on the ground on and life safety measures. 22. (1) To ensure effective fire prevention and life safety measures in al| buildings S per provisions of Part-IV of the National Building Code of India, 1983 as revised from time to time, every owner or occupier, individually or Jjointly, as the case may be, shall appoint a Fire Safety Officer, having such qualifications, as may be prescribed. (2) Incase of 3 Vvacancy of the Fire Safet either on resignation or otherwise, the case may be, shall appoint the y Officer appointed under sub-section (1), ll?e OWner or occupier individually or jointly, as Fire Safety Officer immediately. (3) Incase of the non-appointment of the Fire Safet Offi S i e et o ty Officer under sub. section (1) y take such steps as he deems f s Provisions of this Act. P = R 58 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i1)) Power of inspection. (4) The Fire Safety Officer shall have to undergo training at the Fire and Emergency Services Training Institute established by the Government: Provided that a person who has already undergone such (minin.g at the National Fire Service College, Nagpur run by the Ministry of Home Affairs or atany other equivalent institution recognized by the Government, shall not be required to take such training. 23. (1) The Fire Officer authorized by the Director in this behalf 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 authorized by the Director in this behalf, may enter into and inspect any place or building or part thereof at any time if it appears to be expedient and necessary to do so in order to ensure safety of 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 (). (3) The owner or occupier or any other person shall not obstruct or cause any obstruction to the entry into or upon any place or building or part thereof of a Fire Officer and shall not manhandle with the Fire Officer during such inspection. (4) On entry to any such place or building or part thereof used as a human dwelling, due regard shall be paid by the Fire Officer to the social and religious sentiments of the occupiers: Provided that if any place, building or woman, who, according to the custom required to be given to such woman place and every reasonable facility purpose. part thereof in the actual occupancy of any does not appear in public, then a notice is with liberty to withdraw herself from such is required to be afforded to her for such (5) After carrying out the inspection under this section, areport of such inspection to the Director or any other in this behalf, the Fire Officer shall give officer authorized by him (6) The Director or any other officer authorized b receipt of the report, record his views on t of the requirements with the inadequacy or non therein with reference t on in such place or bui y him in this behalf shall, after he deviations from or the contraventions regard to the fire prevention and life safety measures or -compliance of such measures provided or to be provided 0 the height of the building or the nature of activities carried Iding or part thereof and shall issue a notice to the owner or (e H—mms 3(ii)] 59 Provisions regarding certain buildings. Penalties for violation of section 12. Penalty in case of non- appointment of Fire Safety Officer. Liability of owner to pay compensation. occupier of such place, building or part thereof directing him to undertake such measures within such time as may be specified in the notice. (7) The Director or any other officer authorized by him in this behalf in the event of non-compliance of notice issued shall take such steps as he deems fit under the provisions of this Act. 24. (1) The Fire Officer or any other officer authorized by the Director in this behalf may enter and inspect any building. the construction of which was completed on or before the commencement of this Act or any building which was under construction on such date in which such inspection appears to be necessary for ascertaining the adequacy of fire prevention and life safety measures. (2) The Fire Officer or any other officer authorised by the Director shall after inspection of the building under sub-section (1) and after taking into consideration— (1] the provision under which the plan of said building was sanctioned: (ii) the conditions imposed, if any, by the local authority at the time of sanction of the plan of said building: and (iii) the minimum standards for fire prevention and fire safety measures specified for such building as per provisions of Part-IV of the National Building Code, 1983 as revised from time to time, shall submit a report of inspection made by him to the Director or any other officer authorized by him in this behalf. 25. Whoever contravenes the provisions of sub-section (1) of section 12, without prejudice to any other action taken against him under this Act shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to fifty thousand rupees, or with both. 26. (1) If any owner or occupier of a building fails to appoint Fire Safety Officer under section 22 within thirty days of the receipt of a notice given in this behalf by the Director or the Fire Officer, as the case may be, shall be deemed to be in default Jointly and severally and shall be liable to pay such sum not less than ten rupees per square meter and not exceeding fifty rupees per square meter of the area owned or occupied including the common areas in the building as determined by the Director or any officer authorized by him for each month of default or part thereof. (2) The amount due as penalty under sub-section (1) shall be recovered as an arrear of land revenue. 27. (1) Any person whose building catches fire on account of an action of his own or of his agent, deliberately or negligently, shall be liable to pay compensation to any other person suffering any damage from such fire. 60 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] Penalty for wilfully obstructing fire fighting, rescue operations. False report. General provision for punishment. Offence by companies. Compounding of offences. (2) All claims under sub-section (1) shall be referred to the Director within thirty days from the date when the damage was caused. (3) The Director shall, after giving an opportunity of being heard to the concerned persons, may determine the amount of compensation and pass an order in this regard while fixing the liability of the persons for paying such compensation. The order passed under this sub-section shall have the force of decree of a civil court and shall be implemented within thirty days from the date of receipt of the order. 28. 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. 29. 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. 30. Whoever contravenes any provisions of this Act or any rule or notification made thereunder except as provided specifically in this Act, shall without prejudice to any other action taken against him under this Act and the rules made thereunder, 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 and where the offence is a continuing one with a further fine which may extend to one thousand rupees for everyday during which such offence continues. 31. (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 for the conduct of the affairs of the Company shall be punishable with imprisonment which may extend to three months or with fine which may extend to ten thousand rupees, or with both: Provided that nothing contained in this sub-section shall render any such person liable to any punishment 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 liable for punishment as per sub-section (1). Explanation.- (i) ‘company’ means a body corporate and includes a firm or other association of individuals; and (i1) “director’ means a director or a partner of the firm. 32. (1) Any offence committed under this Act may either before or after the institution of the prosecution, be compounded by such officer and for such amount, as the Government may. by notification, specify in this behalf: [ H—ams 3(ii)] 61 Protection of action taken in good faith. Cognizance of prosecution. Jurisdiction. Appeal. Establishment of fire and emergency training institute. Community awarene ss and training programme. Levy of fire tax. Provided that no offence shall be compounded unless the notices or orders issued under this Act are complied with. 2) Whefe an offence has been com pounded under sub-section (1). no further proceedings shall be taken against the offen der in respect of such offence. 33. N'o suit, prosecution or other legal pr oceeding shall lie against any person for anything which is in good faith don e or intended to be done in pursuanc e of this Act or any rules made thereunder. 34. No court shall take cognizance of an offence under this Act. except on the complaint of or upon information re ceived from the Director or concerne d Fire Officer of the Fire and Emergency Ser vices. 35, The Court of Sub-Divisional M agistrate shall try an offence punis hable under this Act. 36. (1) Any person aggrieved by any notice or order of the D irector or any other officer authorised by him in this behalf may prefer an appeal aga inst such notice or order to the appellate authority within a period of sixty days: Provided that the appellate auth ority may entertain an appeal a fter the expiry of the such period ifitis satisfied t hat there was sufficient cause for not filing it within that period. (2) An order passed by the app ellate authority in the appeal s hall be final. establish and maintain one or m ore training institutes in the State of Haryana for pr oviding courses of instruction s in the prevention and extinguishment of fire for th e fire service personnel and private candidates from industries. high rize buildings and other Gover nment and Non-Governmen t establishments. 37. (1) The Government may (2) The Government may extend the training facili ties to the local bodies an d industrial undertakings as w ell as to the fire and emerg ency service of other States on payment of such fee and charges, as may be prescri bed. ribe such procedure as it may deem fit for (3) The Government shall presc and extinguishment of fire . providing a course of inst ruction in the prevention (4) Subject to the observa nce of general rules applic able to other employees of the Government in relation to training, the employee s of the Fire and Emerg ency Services may be sent to training in the field of scientific and modern t echniques of fire protection and fir e safety measures i and allied matters in any institute within or out of India at the cost and expense of the Gove mment for the administra tion of the provisions of this Ac t. 38. The Fire Officer sha ll conduct community a wareness and training pr ogrammes on preventive measur es on fire and other em ergencies. The Fire O fficer may render assistance and consultation to the communities in matters related to fire prevention. 39. (1) A fire tax shall be levied on buildings on which property tax is levied by any local authority. percentage of proper ty tax evied at such rate in terms of ) | Gazette, determine fr om (2) The fire tax shall be | f by notification in t he Officia as the Government m ay. time to time. 62 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)) Mode of assessment, collection, etc. of fire tax. Charges on deployment of Fire and Emergency Services beyond limits of State, Charges on deployment of Fire and Emergency Services for Stand by duty within State. Recovery of dues. Reciprocal fire fighting arrangements with other Fire and Emergency Services. Declaration of Fire and Emergency Services as technical service. General power to obtain information. 40. (1) The authorities empowered to assess, collect and enforce payment of property tax under the law authorizing the local authority of the area to levy such tax shall. on behalf of the Government, assess, collect and enforce payment of the fire tax in the same manner, as the property tax is assessed, paid and collected. (2) Such portion of the total amount of the fire tax as the Government may determine, shall be deducted by the local authority to meet the cost of collection of the fire tax. (3) The net amount of the fire tax collected under this Act reduced by the cost of collection of fire tax shall be paid to the Government, in such manner and at such intervals, as may be prescribed. 41. (1) Where members of the Fire and Emergency Services are deployed alongwith equipment and appliances beyond the limits of State in order to extinguish a fire in the neighbourhood on the request of any Government or local body or Fire and Emergency Services, such Government or local body or Fire and Emergency Services, as the case may be, shall be liable to pay such charges as may be prescribed. (2) No members of Fire and Emergency Services shall be deployed for the purpose as mentioned under sub-section ( 1) without prior permission of the Director or any other officer authorized by him in this behalf who shall not be below the rank of Deputy Director ( Technical). (3) The fee referred to in sub-section (1) shall be payable within one month of the service of a notice of demand by the Director or any other officer authorized by the Director in this behalf, as the case may be, and if it is not paid within that periad. it shall be recoverable as an arrear of land revenue. 42. (1) No charges shall be levied for extinguishing the fire and rescue operations within the State. (2) The Government shall, by notification specify the charges for deployment of members of Fire and Emergency Services alongwith equipment and appliances for the private purpose and for standby duty for a specific duration, 43. Any amount payable under this Act shall be recovered as arrears of land revenue. 44. The Director may, with the previous sanction of the Government, enter into an agreement with any Fire and Emergency Services or the authority which maintains the said Fire and Emergency Services, beyond the limits of any area in which this Act is in force for providing personnel or equipment or both, for fire fighting purposes, on such terms as may be provided by or under the agreement on reciprocal basis in public interest 45. Without prejudice to the provisions of any other state law on the subject for the time being in force, the Government may. by notification in the Official Gazette, declare any class or category of Fire and Emergency Services as technical service. 46. The Director or any other officer authorized by him in this behalf may. for the purpose of discharging his duties under this Act, require the owner or occupier of any building to supply information with respect to the character of such building, the available water supplies and means of access thereto and any other material [ I1—avz 3(ii)] ATEA AT AT - TATATIN 63 Power to seal buildings or premises. Police officers and others to aid. Compensation to member of Fire and Emergency Services. Officers to be public servants, Restriction to form association or part of association etc, particulars as he may deem necessary and such owner or occupier shall be liable to furnish all information under his possession. on receipt of a report from Fire Officer under sections 23_ and 24, or ::u:a)o::.rfi:cnppenrs tl:a the Di'::clor or any officer nul!\ofizcd by him that the condition of any building or premises is dangerous to life or property, he shall, without prejudice to any action taken under this Act, by order, require the person in possession or occupation of such building to remove them from such building forthwith. (2) If an order made by the Director or any officer authorized b){ him und.er sub- section (1) is not complied with, the Director or any officer authorized by him may direct— (i) to disconnect the supply of electricity of the building to concerned authority and such authority shall comply with said directions; (ii) to disconnect the water and sewer of the building or premises to the concerned authority and such authority shall comply with such directions; (iiii) any police officer having jurisdiction in the area to remove such persons from the building and such officer shall comply with such directions. (3) After the removal of the persons under clause (iii) of sub-section (2), the Director or any other officer authorized by him in this behalf shall seal the building, (4) No person shall remove such seal except under an order made by the Director or any officer authorized by him, (5) Any person who removes such seal except under an order made by the Director or any officer authorized by him, 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. 48. In fire fighting operations or any other duties related to seizure. detention or removal of any goods involving risk of fire on the request of the officer-in-charge of the fire fighting operation, it shall be the duty of a police officer or employees of the police force to assist and aid the officer-in-charge of the fire fighting operation in performance of such duties. 49. If the member of the Fire and Emergency Services become permanently disabled or dies during discharging the fire fighting and rescue operation duties, the Government shall pay adequate compensation to such member or to the next of kin of deceased. as the case may be as specified by the Government, by notification in the Official Gazette. 50. Every member of Fire and Emer. servant within the meaning of secti Act 45 of 1860). gency Services shall be deemed to be a public on 21 of the Indian Penal Code. 1860 (Central S1. (1) No member of the Fire and Er sanction of the Government: (i) be a member of, or be associ political association; mergency Services shall without the previous ated in any way with, any union, labour union and (ii) communicate with the Press or publish or cause to be publis o clhar S 0 be published any book. letter Pt where such communication or publication is in the 64 THE GAZETTE OF INDIA : EXTRAO RDINARY [PART II—SEC. 3(i1)] Power to make rules. Delegation of powers. Power to remove difficulties. Act to have overriding effect. Repeal and savings. bonafide discharge of his duties or is of a purely literary, artistic or scientific character. 52. (1) The Government may. by notification in the Official Gazette. make rules for carrying out the provisions of this Act. (2) Every rule made under this Act shall b e laid. as soon as may be. after it is made, before the House of the State Legislature, while itis in session. §3. The Director may. by order direct, that any powe r conferred or any duty imposed upon him. by or under this Act, shall in such circu mstances and under such conditions, as may be specified in the order, be exercise d and performed by such officer as specified in the order. 54. (1) If any difficulty arises in giving effect to the provisi ons of this Act, the Government may, by order published in the Official Gazette, make s uch 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 three years from th e 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 House of State Legislature. 55. Notwithstanding anything inconsistent therewith contained in any other State law for the time being in force. the provisions of this Act shall have overriding effect. 56. (1) The Haryana Fire Service Act, 2009 (12 of 2009) is hereby repealed. (2) Nothing in this Act shall affect— (i) any right. interest or liability already acquired, accrued or incurred before the commencement of this Act: or (i) any legal proceedings or remedy in respect of such right. interest or liability: or (iii) anything done or suffered before the commencement of this Act; or (iv) any rule framed under the repealed Act which is not inconsistent with this Act. BIMLESH TANWAR, ADMINISTRATIVE SECRETARY TO GOVERNMENT, HARYANA, LAW AND LEGISLATIVE DEPARTMENT. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-1 10054. v [enren