The Assam Fire Service  Act, 1985
# The Assam

 EXTRAORDINARY

**2fl3f** **MWi**

**PUBLISHED BY AUTHORITY**

172 fiwi/t, 1 1985,9 ^if^r, 1907 (*w)

**No. 172** **Dispur, Tuesday. 1st October, 1985, 9th Asvina,**

**1907 (S. E.)**

GOVERNMENT OF ASSAM

tRDERS BY THE GOVERNOR

LEGISLATIVE DEPARTMENT : LEGISLATIVE BRANCH

NOTIFICATION. '

#### The 30th September 1985

 No. LGL. 176/80/90.—The following Act of the Assam
 Legislative Assembly which received the assent of the President is hereby published for general information.


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### (Received the assent of the President on 20th September 1985)
 THE ASSAM FIRE SERVICE ACT, 1985

**'** **An**

**Act**

### to provide for the maintenance of a Fire Service Force in the State of Assam.

 Preamble, whereas it is expedient to provide for the main­
 tenance of a Fire Service Force for the licensing of warehouses and for certain other ancillary matters in the State of Assam ;
 It is hereby enacted in the Thirty-sixth Year
 of the Republic of India as follows:—

 PRELIMINARY.

 short title, 1. (1) This Act may be called the Assam Fire

extent and commence­ Service Act, 1985.
ment.

### (2) It extends to the whole of Assam.

 (3) It shall come into force in such area and
 on such date as the State Government may, by notification from time to time in the Official Gazette, appoint and the State Government may, by like notification, withdraw the operation of the provisions of this Act from any such area.

 Definitions. 2, in this Act, unless there is anything repugnant
 in the subject or context >.—

 (a) "Inspector General of Police” means the
 Inspector General of Police, Assam who has been appointed as Inspector General
 of Police, Assam under Section 4 of the Police Act, 1861 (Act V of 1861).

 (b) "Director” means the Director of Fire
 Service Force appointed under Section 4.


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### (c) "Fire fighting property” includes—
s [;]

### (i) Lands and buildings directly or indi­
 rectly connected with fire fighting ;

 (ii) Fire engines, equipments, tools, imple­
 ments and things whatsoever used for fire fighting;

 (iii) Motor vehicles and other means of
 transport used in connection with
 fire fighting;

 (iv) Uniform and badges or rank ; ,»

 (d) "Fire Station” means any post or place
 declared, generally or specifically by the
 State Government to be a Fire Station ;

 (e) "Force” means the Assam Fiire Service
 Force maintained under this Act;

 (f) "Officer-in-Charge” of a Fire Station in­
 cludes the Fire Officer next in rank to the Officer-in-Charge of Fire Station or any
 other officer holding charge of the fire
 station in absence of the Officer-in- Charge ;

 (g) "Prescribed” means prescribed by rules
 made under this Act by the State
 Government;

 (h) "Ware-house” means any building or place
 used whether temporarily or permanent­ ly for storing, keeping, or otherwise dealing in any manner of such articles which in the opinion of the State Govern­
 ment are considered as inflammable.

#### Explanation :—Godowns, Factories, Workshop,

### Shops etc. dealing in any manner with prescribed inflammable articles will be regarded as "Ware­
 house” for purpose of this Act;


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(i) "Place” means either enclosed, or covered

or open land having buildings or premises
within 75 ft. on any side of its sur­

roundings ;

(j) "Work-shop” means any building or place

where the processing of any article is

carried on for purposes of trade or busi­

ness, if such processing of such articles
which in the opinion of the State Govern­
ment are considered as inflammable and
are prescribed in this respect.

**Explanation :—The expression '"processing”**

means making, altering, repairing, treating or

otherwise dealing with any article by means of

steam, electricity or other mechanical power ;

(k) "Licensing Authority” means the Deputy

Commissioner or such officer as may be

authorised by the State Government;

(l) "Member” means and includes a member

of the Force who performs operational,

supervisory, directional and executive

duties in such ranks as may be prescribed
by the State Government.

MAINTENANCE OF THE FIRE SERVICE FORCE

^^.[nte]“[ance]3. There shall be maintained by the State Govern­

ment a Fire Force to be called the Assam Fire
Service Force.

rfnkectoroH- The State Government may appoint a person

Fire Service. to be Director of Assam Fire Service Force

who shall be an Officer of the rank of Deputy
Inspector General of Police, Assam. v

dencT’an"' 5. (1) The superintendence and control of the

control of the Force shall vest in the Director under the
general control and supervision of the

Inspector General of Police, Assam and

shall be carried on by-him in accordance
with the provisions of this Act and the

rules made thereunder.


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(2) The State Government may create such

posts and appoint such officers as it may
deem fit to assist the Director in the dis­
charge of his duties.

(3) The Director may with the approval of

the State Government delegate any of his
powers, functions and duties under this

Act to such subordinate officer as he may
deem fit.

ofPPme1'Xrs^- (1) The Director or such other officer of the

of the Force. force as the State Government may autho­

rise in this behalf, shall appoint the mem­
bers of the Assam Fire Service Force in
accordance with the rules made under

this Act.

(2) Subject to the provisions of Article 311 of

the Constitution of India and the rules

prescribed by the State Government, the

Director may, at any time dismiss, suspend
or reduce in rank or award any of the

punishment to any member of the subor­
dinate ranks whom he shall think respon­
sible for remiss or negligence in the

discharge of his duty or considered unfit
for the same. The Director may also award
any one or more, punishment as provided

in the Assam Services (Discipline and

Appeal) Rules, 1964. The provisions of the
said rules shall apply, mutatis mutan­

dis, with regard to procedure of awarding
punishment and other disciplinary actions.

Provided that the Inspector-General of

Police, Assam, reserves the right of revision
of hearing of appeal in case of natural

injustice or fragrant irregularities in the

case.

dficate toCthe^- f[1] ) Every person shall, on appointment to the

member of force, receive a certificate in the prescribed

the Force. form under the seal of the Director or an

officer authorised in this behalf by the

State Government, and thereupon such


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#### person shall have the powers, functions and privileges of a member of the force
 under this Act.

 (2) The certificate referred to in sub-section
 (I) shall cease to have effect when the person named therein ceases for any
 reason to be member of the force, and on
 his ceasing to be such member, he shall forthwith surrender the certificate to
 any officer empowered to receive the
 same.

 (3) During any period of suspension, the
 powers, functions and privileges vested in any member of the force shall be in abey­ ance but such member shall continue to be subject to the same discipline and penal­ ties as he would have been if he had not been suspended.

Auxilary Fire8 Whenever it appears to the State Government

Force. that it is necessary to augment the force, it

#### may raise an auxilary force by enrolment of
 volunteers for such areas and on such terms and conditions as it may deem fit.

Powers of The State Government may, from time to time,

State Govern­ make such general or special orders as it
ment to make
orders. thinks fit —

#### (a) for providing the force with such appli­
 ances and equipment as it deem proper;

 (b) for providing adequate supply of Water
 and for securing that it shall be available
 for use;
 (c) for constructing or providing station or
 hiring places for accommodating the
 members of the force and its fire fighting
 appliances;
 (d) . for giving rewards to persons who have
 given notice of fires and to those who
 have rendered effective service to the
 force on the occasion of fires ;


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#### duct of the members of the force ;
 (f) for deciding or determining the cadre or
 terms and conditions of service of the
 members of the force and also member of other staff or creating such additional
 ranks and framing rules in respect of
 service conditions and conduct rules as it may deem fit;
 (g) for the speedy attendance of members of
 the force with necessary appliances and equipment on the occasion of any alarm of fire;
 (h) for sending members of the force with
 appliances and equipment beyond the
 limits of any area in which this Act is in force for purposes of fire fighting in the neighbourhood of such limits on such
 terms and conditions and under such
 exigencies of situation as it deems proper;
 (i) for the employment of members of the
 force in any rescue, salvage or other
 special types of jobs ;
 (j) for enforcing discipline and imposing
 punishment on any member of the force who may violate orders ;

 (k) for regulating and controlling the powers,
 duties and functions of the Director and
 of other members of the force; and

 (1) generally for the maintenance of the
 Force in due state of efficiency.

Powers of 10. On the occasion of fire in any area in which
#### mmembers of flmnOrC <->T . A .

the force on this Act is in force, any member of the force
occasion of who is in-charge of fire fighting operations

fire.

#### on the spot may. —
 [a) remove, detain or order any other mem­
 ber of the force to remove any person
 who by his presence interferes with or impedes the operation for extinguishing the fire or for saving life or property ■


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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 those engaged
in fire fighting or appliances or cause

them to be broken into or through or

pulled down doing as little damage as

possible ;

(d) require the authority in charge of water

supply in the area to regulate the water­
machine so as to provide water at a

specified pressure at the place where fire
has broken out and utilise the water of

any stream, cistern, well or tank or of

any available source of water, public or
private, for the purpose of extinguishing
or limiting the spread of such fire ; pro­
vided that in cases of any damage done

to any source of water, stream, cistern,

well or tank belonging to a member of

the public or association or body corpo­
rate while utilising, water in accordance

with the provisions of this section under
this Act the State Government may

entertain at its discretion claims for

compensation preferred by any affected
person or party or body corporate as the

case may be on merit of each case;

(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 if such an assembly were an un­
lawful assembly and be entitled to the

same immunities and protection as such

an officer, in respect of the exercise of

such powers;

(f) generally take such measures as may

appear to him to be necessary for exting­
uishing the fire or for the protection of


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#### ber of the force working under his order or instructions will be civilly or crimi­
 nally prosecuted in the court of law.

 Di*ctor°[f]to U- The Director may, with the previous sanc-
 “ake tion of the State Government, enter into
 fJr[a]suppTy1 agreement with the authority incharge of

**of water.** water supply in any area for securing

#### adequate supply of water in case of fire
 on such terms as to payment or otherwise
 as may be specified in the agreement.

**Power** **of**

**Director** **to** 12. The Director may, with the previous sanction

**arrangemententer** **into** of the State Government, enter into arran­

**for assis­** gements with any person who employs and
**tance.** maintains personnel or equipment or both

#### for fire fighting purposes, to secure , on such
 term as to pay or otherwise as may be pro­ vided by or under arrangements, the
 provision for the purpose of dealing with
 fire occuring in any area in which this Act is in force.

**measuresPreventive** 13. (1) No building or place shall be used as a
**and Li­** warehouse or as a workshop unless the
**cences.** owner or occupier thereof shall have

#### previously obtained under this A ct, a
 license for such use and that no license
 to use any building or place as a were-
 house shall be granted unless such bui­ ldings or place conforms to such precau­
 tionary measures taken by the owner or occupier thereof as may be directed by
 the licensing authority.

 (2) The owner or occupier of any building or
 place which was being used as a ware­
 house immediately before the date on which this Act comes into force shall
 have to apply for obtaining a license from the appropriate licensing authority within
 thirty days from the date on which this
 Act comes into force.


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(3) A license granted under this Act may­

be withdrawn or suspended by such

authority who granted it.

(4) Where on application, a license or rene­

wal of a license is refused, withdrawn

or suspended, the licensing authority

shall record in writing the reasons for

such refusal with due intimation to the

applicant.

(5) Every license granted under sub-section

(2) above shall be required to be renewed

annually. Application for renewal shall

be made to the licensing authority who

shall refer the case to the Director and
the licensing authority shall grant or

refuse renewal as may be recommended

by the Director.

Appeals. J 4. Any person aggrieved by an order of the

licensing authority refusing, withdrawing

or suspending any license may file an appeal
before the prescribed authority in prescri­

bed manner within thirty days of such refu­

sal, withdrawal or suspension. Provided that
for the purpose of this section, the

prescribed authority means the Director, in
cases where the licensing authority is an

officer subordinate to the Director and the

State Government where the licensing au­

thority is the Director or the Deputy Com­
missioner.

**Power to** **1 5** In case a warehouse is detected using it with­

**seize, remove** out a license, it shall be lawful for the Direc­
**or destroy**
**goods etc.** tor or any officer authorised by the State

Government in this behalf, to direct removal
of prescribed article likely to cause a risk

of fire, to a place of safety; and on failure

of the owner or occupier to do so, the Direc­
tor or such officer may seize, detain, remove,
dispose or destroy such objects or goods in

such manner as may be prescribed by the


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State Government. Director or such officer

as may be authorised, will not be liable to

pay any compensation in any manner to any

person in this respect.

ochcunp8etionf. 16. Whenever a change in the occupation of any

a

warehouse or workshop occurs, the person

entering into the occupation of the same

shall, within two weeks of his so entering

into occupation, give notice in writing to the
licensing authority of such changes of occu­

pation and shall thereupon pay a fee, as may

be prescribed and his name shall accordingly

be substituted in the license in respect of the

warehouse or workshop for the name of the

last occupier.

Firework. 17. No building or p[]] ace shall be used for purpose

of manufacturing, making or otherwise dea­
ling in any manner, in respect of fire works
without previously obtaining a license for

the same from the licensing authority or

such officer as may be authorised.

place of pub- 18. (1) No building or structure of any kind

**lie gathering** shall be used for public gathering for

**ment-for entertain­** amusement, entertainment or any other

purposes where public may assemble,

unless the owner, or occupier thereof

shall have previously obtained a license ;
application for such license shall be

made to the licensing authority who

shall refer the case to the Director and

the Licensing Authority shall grant or.

refuse such license as may be recom­

mended by the Director.

(2) (i) No license shall be granted unless the

building or structure conforms to such

rules and conditions as may be prescribed
for purposes of public safety ; and

(ii) advance payment of such fees as may

be prescribed is made.


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**Explanation :—** Theatres, Cinemas, Circus, Fairs

Melias and such other like matters come under

provision of this Section.

s^cture[r] of 19- A person who intends to erect a temporary
pandais. structure or pandal with roof or walls made
of straw, hay, ulugrass, galpata, hogla,

darma, mat, canvas or other like materials
for use as a place where members of the

public may assemble shall apply to the

licensing authority for permission to erect

such structure or pandal and such permis­

sion may be granted for a stipulated period ;

provided that:—

(i) it conforms to such conditions as may be
specified by the Director ;

(ii) advance payment of such fees, as may be

prescribed is made ; and

(iii) in the opinion of the Director it is not

unsafe for public gathering.

Conditions 20. For carrying out the purposes of any or

ikense^for”[8] all ^he provisions of Sections 13,14,15,17,18

warehouses and 19 of this Act, the State Government may

shopsTetc? prescribe conditions in respect of —

(i) the limit of minimum or maximum quan­

tity of such inflammable articles that may
be stored, used or otherwise dealt with in
a particular warehouse or workshop ;

(ii) determination of fees and method of

calculation of fees and the manner in which

payment has to be made in this respect:

(iii) type or schedules or forms to be used

in respect of granting license; and

(iv) the precautionary measures to be taken

in a warehouse.


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^tfn °[f] ii 21- Power of granting license under this Act

cense. shall be exercised by the Licensing Autho­
rity or by such officer who may be autho­
rised by the State Government in this behalf.

**EXPENDITURE** **ON MAINTENANCE OF**

**FORCE.**

Expenditure 22. The entire expenditure in connection with

on the force. f o r c e shall be met out of the Con­

solidated Fund of the State of Assam; pro­
vided that the State Government may

recover from any local authority of any

area in which this Act is in force, such con­
tribution towards the cost of the portion of

the Force maintained in that area as the State
Government may direct from time to time.

Levy of fire 23. (1) There may be levied a fire tax on lands

tax- and buildings which are situated in any

area in which this Act is in force and on
which property tax by whatever name cal­

led is levied by any local authority in that
area.

(2) The fire tax shall be levied in the form

of a surcharge on the property tax at such

rate not exceeding ten percent of such pro­

perty tax as the State Government may,

by notification, in the Official Gazette, deter­

mine.

**Mode** **of** 24. (1) The authorities for the time being em­

**assessmentcollection,** powered to assess, collect and enforce
**etc. of Fire** payment of property tax under the law
**Tax.**

authorising the local authority of the

area to levy such tax shall, on behalf of

the State Government and subject to any

rules made under this Act, assess, collect
and enforce payment of the fire tax in

the same manner as the property tax

is assessed, paid and collected; and for

this purpose, they may exercise all or

any of the powers they have under the


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#### law aforesaid and the provisions of such
 law including provisions relating to
 returns, appeals, reviews, revisions, re­
 ferences and penalties shall apply ac­
 cordingly.

 (2) Such portion of the total proceeds of
 the fire tax as the State Government
 may determine shall be deducted to meet
 the cost of collection of the tax.

 (3) The proceeds of the fire tax collected
 under this Act reduced by the cost of collection shall be paid to the State
 Government in such manner and at such
 intervals as may be prescribed.

Fixation of 25. (1) The State Government may prescribe
cedure for fees and pro­ such fees and such procedure for pay­
payment. ment of fees as it may deem fit, for

#### granting any license under any of the provisions of this Act.

 (2) The State Government may prescribe
 such fees and such charges and such conditions as it may deem fit for purpose of different types of special jobs that may be undertaken by the Assam Fire
 Service Force and that the authority on
 whose request such job is undertaken
 will be bound to make such payment.

 (3) Where members of the force are sent
 beyond the limits of any area in which this Act is in force, in order to extinguish
 a fire in the neighbourhood of such
 limits, the owner or occupier of the pre­
 mises where the fire occurred or spread
 shall be liable to pay such charges or
 fees as may be prescribed in this behalf.

 (4) The fee referred to in sub-section (1), (2)
 and (3) shall be payable within one


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month .of the service of a notice of

demand by the Director on the owner or
occupier and if not paid within that

period, it shall be recoverable as an

arrear of land revenue.

ACQUISITION OF FIRE FIGHTING PROPERTY

Prohibition
against trans­26. No local authority of any area in which this
fer of fire Act is in force, shall after the commencement

fighting
property. of this Act in that area, transfer or otherwise

part with any fire fighting property without
previous sanction of the State Government.

Acquisition of fire figh- 9 7 ' (1) If, after making such inquiry and investi­

ting proper­ gation as it deems necessary and after
ty- giving the local authority an opportunity

to make its representations, the standard
of efficiency of the fire fighting personnel

and equipment maintained by the local
authority is not adequate to meet the

normal requirement of the areas, the state

Government may acquire the fire fighting
property of the local authority by publi­

shing in the Official Gazette a notice to

the effect that the State Government has
decided to acquire such property on pay­

ment of its market value. A copy of such

notice shall also be served on the local

authority ;

(2) when a notice as aforesaid is published

in the Official Gazette, the property

specified in such notice shall, on and from

the begining of the date on which the

notice is so published, vest absolutely in
the State Government free from all

encumbrances.

Principles and metl.od o Q O '/-< ■> The amount of compensation payable in

of deter­ respect of any fire fighting property
mining com­
pensation. acquired under this Act shall be the

market value of such property on the

date of issue of the notice referred to in


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section 27 that is, the price which it

would have fetched in the open market

if it had been sold on that date ;

(2) the amount of compensation shall be

determined in the manner and in accor­

dance with the principles hereinafter

set out, that is to say—

(a) when the amount of compensation can be

fixed by agreement, it shall be paid in

accordance with such agreement;

(b) where no such agreement can be reached

the state Government shall appoint as

Arbitrator a person who is, or has been

or is qualified for appointment, as a

judge of a High Court;

(c) the State Government may, in any parti­

cular case nominate a person having

expert knowledge as to the nature of the
property acquired to assist the Arbitra­
tor and where such nomination is made,
the local authority concerned may also

nominate an assessor for the same

purpose ;

(d) at the commencement of the proceedings

before the Arbitrator, the State Govern­
ment and the local authority shall state

what in their respective opinion is a fair

amount of compensation ;

(e) the Arbitrator shall after hearing the

dispute make an award determining the
amount of compensation which appears

to him to be ju st; and in making the

award he shall have due regard to the

circumstances of each case and the pro­
vision of this section;

(f) nothing in the Arbitration Act, 1940 shall

apply to arbitrations under this Section.


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**awards inAppeals fromn q** Where the State Government or a local
**respect of** authority is aggrieved by an award of the
**compensa­tion.** Arbitrator under Section 28, it may within

#### thirty days from the date of such award pre­
 fer an appeal to the High Court within whose appellate jurisdiction the acquired property is situated.

**Arbitrator. Power of** **on”** The Arbitrator appointed under Section 28.

#### while holding arbitration proceedings under this Act, shall have all the powers of a Civil Court while trying a suit under the Code of Civil Procedure, 1908, in respect of the follo­ wing matters, namely—

 (a) summoning and enforcing the attendance
 of any person and examining him on
 oath;

 (b) requiring the discovery and production
 of documents ;
 (c) receiving evidence on affidavits; and

 (d) issuing commissions for examination of
 witness.

**Penalties for 3 1 .** (1) Any person who violates any of the pro­
**violation ofpreventive** visions under Sections 13, 17, 18, 19 and
**measures.** 20 of this Act, shall be punishable, on

#### conviction before a Magistrate with
 imprisonment which may extend to two years or with fine which may extend to five thousand rupees or with both.
 (2) Any person who uses any warehouse or
 any workshop in respect of which a license has been refused or after the
 license in respect thereof has been with­
 drawn during the time for which such license has been suspended shall be
 punishable, on conviction before a Magis­
 trate with imprisonment which may
 extend to one year or with fine which may extend to one thousand rupees or with both,


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#### (3) Any holder of a license who breaks any
 of the conditions under which a license is
 held in respect of any warehouse or
 workshop shall be punishable, on convic­
 tion before a Magistrate, with imprison­ ment which may extend to six months
 or with fine which may extend to one
 thousand rupees or with both.

 (4) If there be a change in the occupation of
 any warehouse, the person entering into
 occupation fails to give a notice and to pay
 the fees required under Section 16 or if a license is not renewed timely as
 required under Section 13(5) such person
 or the owner or occupier of such ware­ house shall be punishable on conviction
 before a Magistrate, with fine which may
 extend to twenty rupees per day.

 (5) Any person who wilfully obstructs or
 offers any resistance to' or impedes or
 otherwise interferes with the Director or
 any Officer exercising powers under Sec­
 tion 15, or any assistant accompanying
 the Director or such Officer while exercis­ ing such powers, shall be punishable, on
 conviction before a Magistrate with
 imprisonment which may extend to six
 months or with fine which may extend to
 five hundred rupees or with both.

 (6) Any person who wilfully obstructs or
 interferes with any member of the force who is engaged in fire fighting operations, shall be punishable with imprisonment
 which may extend to three months or with fine which may extend to five hun­
 dred rupees or with both.

 False report, 32. Any person who knowingly gives or causes
 to be given a false report of the outbreak of a fire to any person authorised to receive such


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report by means of a statement, message or,
otherwise shall be punishable with impri­
sonment for three months or with fine not

exceeding five hundred rupees or. with both.

Transfer to no other area. The Director or any officer authorised by

the State Government in this behalf may,

on the occasion of a fire or other emer­

gency in any neighbouring area in which

this Act is not in force, order the despatch

of the members of the force with necessary

appliances and equipment to carry on fire

fighting operations in such neighbouring area

and thereupon all the provisions of this

Act and the rules made thereunder shall

apply to such area during period of fire or

emergency or during such period as the

Director may specify.

Employment 3 4 . It shall be lawful for the State Government
on other or any officer authorised by it in this be­

duties.

half to employ the force in any rescue,

salvage or other work for which it is suita­

ble by reason of its training, appliances

and equipment. It shall also be the duty of

the Fire Service Force to provide appro­

priate services and relief to the people in
distress situation.

Enquiry into35. Where any fire has occurred within any
origin of
fire and re­ area in which this Act is in force, the senior-
port to most officer in rank among the members
Magistrate.

of the force in that area shall ascertain
the facts as to the origin and cause of such
fire and shall make a report thereon to the
Magistrate having jurisdiction in the place

in which such fire occures; and the said

Magistrate shall, in any case where he may

deem fit, summon witnesses and take evi­
dence in order to further ascertain such facts.
Such Magistrates will submit his findings to
the Government provided that copies of all
reports and of all evidence recorded under

this Section shall be furnished on application


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#### to any Fire Assurance Company or other
 persons interested on payment for such
 copies.

 bSriinfor-3®- Any officer of the force not below the Elation. rank of Officer-in-Charge 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 sup­
 ply information with respect to the
 character of such building or other property,
 the available water supplies and means of
 access thereto and other material parti­ culars, and such owner or occupier shall
 furnish all the information in his possession.

Power of 3 7 . (1) The Director or any member of the force

, entry.

#### authorised by him in this behalf may
 enter any building, warehouse, workshop,
 cinema halls or place for purpose of any enquiry under this Act, and for deter­ mining whether any inflammable articles
 are stored illegally whether precautions
 against fire required to be taken on
 such place have been so taken.

 (2) bl o claim shall lie against any person for
 compensation for any damage neces­
 sarily caused by any entry made under, sub-section (1).

 No charge shall be made by any local
 authority for water consumed in fire fight­ ing operations by the force.

No compen- 3 9 . No authority in-charge of water supply in

v[ sation ] for

" interruption an area shall be liable to any claim for

of water compensation for damage by reason of any
Supply.

#### interruption of supply of water occasioned only by compliance of such authority with the requirement specified in clause (dj of
 Section 10. ,


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#### to1 aid°[fficer] 40 Police Officers of all grades shall be autho­
 rised and bound to aid the fire service in execution of its duties. They may close any street in or near where a fire is burning and they may on their own motion or on the request of the Director or any member
 of the force, remove or detain, any person who interfere by their presence with the
 operations of the fire fighting.

 indemnity, No officer of the Police and no member of
 the fire service shall be liable to damages on account of any act done by him in the bonafied belief that such act was required
 ? for the proper execution of his duties under this Act.

 Failure to 42. Any person who without just cause fails to
 communicate information in his possession

ma ° ’ regarding an outbreak of fire shall be deemed
#### to have committed an offence punishable
 under the first part of section 176 of the Indian Penal Code.

 Bar to other 43. No member of the force shall engage in any
**employment.** employment or office whatsoever other than

#### his duties under this Act unless expressly permitted to do so by the Director.

**Restrictions** 44, (1) No member of the Assam Fire Service
**respecting** Force under this Act shall, without
**rights to**
**form asso­** the previous sanction in writing of the
**ciation free*** State Government or of the prescribed

#### speech etc. authority—
 (a) be a member of, or be associated in my
 way with any trade union, labour unions,
 political association or with any class of
 trade unions;
 (b) be a member of, or associated in any way
 with any society, institution, association or organisation not recognised as part of
 the force or is not of a purely social, recreational and or religious nature; or


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#### (c) communicate with the press or publish
 or cause to be published any book,
 letter or other document except where
 such communication or publication is of a purely literary, artistic or scientific
 character or is of a prescribed nature.

 Explanations:—If any question arises as to
 whether any society, institution, association or
 organisation is of a purely social, recreational or religious nature under clause (b) of this sub­ section the decision of the State Government or the prescribed authority shall be final.

 (2) No member of the force shall participate
 in or address any public meeting or take part in any demonstration or strike
 organised by any political purposes or for any other purpose affecting discipline of the Force or other purposes as may be prescribed.

 (3) Any member of the force who contraven-
 ces the provisions of this section shall, without prejudice to any other action that may be taken against him, be punish­ able with imprisonment for. a term which may extend to two years or with fine
 which may extend to two thousand rupees
 or with both.

 (4) Notwithstanding anything contained in
 the Code of Criminal Procedure, 1973
 (Act. II of 1974) an offence under this
 section shall be cognizable and bailable^

 Penalty for 45. Any member of the force who—
violation of
duty ,etc.

#### (a) is found to be guilty of any violation of
 duty or wilful breach of any provision of
 this Act or any rules or order made
 thereunder, or

 (b) is found to be guilty of cowardice, or


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?

(c) withdraws from the duties of his office

without permission or without having

given previous notice of at least two mon­

ths, or

(d) being absent on leave fails without rea­

sonable cause to report himself for duty

on the expiration of such leave, or

(e) accepts any other employment or office

in contravention of the provisions of

Section 43 of this Act,

(f) contravences the provisions of Section 44

shall be punishable with imprisonment

which may extend to three months or

with fine which may extend to an amount

not exceeding three months pay of such

member or both.

**Operation of AR** Nothing in this Act shall be deemed to pre­

**other Law**
**not barred.** vent any person from being prosecuted under

any other law for any act or omission

which constitutes an offence under that

A ct:

Provided that no such prosecution, civil

or criminal, shall be instituted except with

the previous sanction of the State Govern­

ment or of the authority prescribed in this

behalf by the State Government if the act
is done or purported to be done in the dis­
charge of his official duty.

**Protection of47,** (1) In any suit of criminal proceeding against

**bers of theacts of mem­** any member of the Assam Fire Service

**force.** Force for any act done by him in persu-

ance of order of a competent authority,
it shall be lawful for him to plead that
such act was done by him under the

authority of such order.


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#### (2) Such plea may be proved by the produc­
 tion of the order directing the act, and if it is so proved, the member of the Force thereupon be discharged from liability in respect of the act so done by him.
s. 1

**Power to**
**make rules.** 48. (1) The State Government may, by notifica­

#### tion in the Official Gazette, make rules for
 carrying out the purposes of this Act.

 (2) In particular and without prejudice to
 the generality of the foregoing powers,
 such rules may provide for—

 (a) the number and grades of officers and
 members of the force ;

 (b) the manner of appointment of members
 of the force ;
 ■ ■ -1.

 (c) the form of the certificate to be issued to
 the members of the Force under Section
 7(1) of this A ct;

 (d) the conditions of the service of the
 members of the Force including their
 rank, pay, allowances, house rent and
 leave, maintenance of discipline and
 removal from service;

 (e) the circumstances in which and the
 conditions (including the levy of fee)
 subject to which members of the force carry on fire fighting operations in
 neighbouring areas;
 (f) the conditions subject to which members
 of the force may be employed on rescue, salvage or other work;
 (g) adoption of precautionary measures for
 premises in any area or of any place used for purposes which in the opinion of the State Government are likely to cause a
 risk of fire;


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(h) the manner in which and the intervals at

which the proceeds of the fire tax levied
under this Act, shall be paid to the State
Government; the conditions under

which a license may be granted and the
fees to be levied thereof ; the authority

to which appeals against refusal, with­

drawal, suspension of license shall lie and
the manner in which such appeal shail

be filed and the fees to be paid thereof ;

(i) the manner of service of notice under

this A c t;

(j) the procedure to be followed in arbitra­

tion procedings under Sections 29 and 30

of this A c t;

(k) the payment of rewards to persons, not

being members of the force who ren­

ders services for fire fighting purposes;

(l) the compensation payable to members of

the force in case of accidents or to their
dependents in case of death while enga­
ged on duty;

(m) for the employment of members of the

force or use of any equipment outside

the area or on special services and the

fee payable thereof ; and

(n) any other matter which is to be or may

be prescribed.

(3) All rules under this section shall be laid

for a total period of not less than fourteen
days before the State Legislature as soon
as possible after they are made and shall
be subjected to such modifications as the
State Legislative Assembly may make

during the session in which they are so
laid or the session immediately following.


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924 THE ASSAM GAZETTE, EXTRAORDINARY, OCT. 1, 1985

Saving's.311^ (1) Immediately on coming into force of

this Act, all existing laws or rules in

force in any area shall stand repealed.

But such repeal shall not debar: —

(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 when reasonably

called upon to do so by any member of the
force; and

(d) generally to take such measures as will

lessen the likelihood of accidential fire

or preventing the spread of such fire.

(2) Notwithstanding such repeal,

(a) Any appeal, application, equiry or investi­

gation pending, shall be disposed of,

continued, held or made, as the case may
be, in accordance with the corresponding
provisions of this Act.

(b) All notifications, orders issued, powers

conferred, forms prescribed, local juris­

diction defined, punishment awarded,

sentences passed under any Act which

was in force before commencement of this
Act, shall be deemed to have been issued,

conferred, prescribed, passed or defined

under the corresponding provisions of

this Act.

servants 50- All members of the Assam Fire Service

Force under this Act shall be deemed to be
public servants as defined under Section 21

of the Indian Penal Code (Act. No. XIV of

1860).

MD. SAADULLAH,

Secretary to the Govt, of Assam,

Legislative Department.

**GUWAHATT—Printed and published by the Supdt i/c.** **Assam Govt Printing P ess**

**(Ex-Gazette) No.343— 1,907—5 0 0 - 1-10-1985.**


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