Keywords : Building, Chief Fire Officer, Fire Prevention and Fire Safety Measures, Occupier, Owner, Premises
FIRE PREVENTION AND FIRE
SAFETY ACT, 2005′
(U. P. Act No. 5 of 2005)
[As passed by the Uttar Pradesh Legislature)
(17th March, 2005]
CONTENTS
Section SSection
- Short title and commencement. 99. Appeals.
- Definitions. 10. Bar of jurisdiction of Courts.
- Inspection of buildings, premises,
etc - Penalties.
4.Measures for prevention and fire safety. 12. Offences by Companies - Power to seal buildings or premises. 13. Sanction of prosecution.
- Provision regarding certain
building and premises. - Jurisdiction.
- Permission for certain buildings 15. Protection of action taken in good
- Officer to be public servant.
- Default-Powers of the Chief Fire Officer 17. Power to make rules.
- Repeal and saving. Officer.
An
Act
to make more effective provision for the fire prevention and fire safety measures
in certain buildings and premises in the State of Uttar Pradesh. It is hereby enacted in the
Fifty-sixth Year of the Republic of India as follows:
Statement of Objects and Reasons.—The United Provinces Fire Service Act, 1944 (U. P.
Act No. 3 of 1944), was enacted to provide for the constitution and maintenance of a Provincial Fire
Service for fire fighting in the State but there was no enactment for fire prevention and fire safety in
the State. The provisions with respect to fire prevention and fire safety under various Acts and rules
etc. were not sufficient for providing effective measures of fire prevention and fire safety in certain
buildings and premises in the State. It was, therefore, decided to make a law for making effective
provisions for fire prevention and fire safety in certain buildings and premises in the State of Uttar
Pradesh.
Since the State Legislature was not in session and immediate legislative action was
necessary to implement the aforesaid decision the Uttar Pradesh Fire Prevention and Fire Safety
Ordinance, 2005 (U. P. Ordinance No. 5 of 2005) was promulgated by the Governor on 24th January,
2005. - Short title and commencement.—(1) This Act may be called the Uttar Pradesh Fire
Prevention and Fire Safety Act, 2005. (2) It shall be deemed to have come into force on 24th January,- Definitions. In this Act,
(a) “building” means a house, outhouse, stable, latrine, urinal, shed, hut, wall (other than a
boundary wall) or any other structure, whether of masory, bricks, wood, mud, metal or
other material;
(b) “Chief Fire Officer” means the Chief Fire Officer under the United Provinces Fire
Service Act, 1944;
(c) “fire prevention and fire safety measures” means such measures as are necessary under
any law or rules for the time being in force for the prevention, control and fighting of
fire and for ensuring the safety of life and property in case of fire;
(d) “local authority” means a local authority as defined under the United Provinces Fire
Service Act, 1944;
(e) “Government” means Government of Uttar Pradesh;
(f)” nominated authority” means any authority nominated by Government;
(g)”occupier” includes,-
(i) any person who for the time being is paying or is liable to pay to the owner the rent or
any portion of the rent of the land or building in respect of which such rent is paid or
is payable,
(ii) an owner in occupation of or otherwise using his land or building,
(iii) a rent-free tenant of any land or building,
(iv) a licensee in occupation of any land or building, and
(v) any person who is liable to pay to the owner damages for the use and occupation of any
land or building;
[(vi) any association of building owners or occupiers as formed under the building bye-laws
or any other law of similar nature to which the builder/promoter (be it a person,
company, firm, association or cooperative society) who is responsible for construction of a
building, has handed over such fire prevention and fire safety measures as are warranted
by any law for the time being in force.]
(h) “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 on account of himself and
others or as an agent, trustee, guardian or receiver or any other person or who should so
receive the rent or be entitled to receive it if the land or building or part thereof were let
to a tenant and also included :
(i) the custodian of evacuee property in respect of evacuee property vested in him under
the Administration of Evacuee Property Act, 1950 (Act No. 31 of 1950),
(ii) any authority or institution under State Law and the Head of a Government Department,
in respect of properties under their respective control;
(iii) any builder or promoter (be it a person, company, firm, association or cooperative
society) responsible for construction of a building or premises, for which,
obtaining of the permission from fire service is mandatory under any law for the time being
in force, till such time that the building is handed over to the association of building,
owners or occupiers as formed under the building bye-laws or any other law of similar
nature after implementation of all fire fighting and prevention measures as warranted]. :
(i) “premises” means any land or any building or part of a building appurtenant thereto
which is used for storing explosive substances and dangerously inflammable
substance.
Explanation. In this clause, “explosive”, “explosive substances” and “dangerously
inflammable substances” shall have the meaning respectively, assigned to them in the
Explosive Act, 1884 (Act No. 4 of 1884), the Explosive Substances Act, 1908 (Act No.
6 of 1908) and the Inflammable Substances Act, 1952 (Act No. 20 of 1952).
- Definitions. In this Act,
- Inspection of buildings, premises, etc. (1) The nominated authority may, after giving three hours
notice to the occupier or if there be no occupier, to the owner of any building having
such height as may be prescribed or premises, enter and inspect the said building or premises
at any time between sunrise and sunset where such inspection appears necessary for
ascertaining the adequacy or contravention of fire prevention and fire safety
measures :
Provided that the nominated authority may enter into and inspect any building or
premises at any time if it appears to it to be expedient and necessary to do so in order to
ensure safety of life and property.
(2) The nominated authority shall be provided with all possible assistance by the owner or
occupier, as the case may be, -of the building or premises for carrying out the
inspection under sub-section (1).
(3) When any building or premises used as a human dwelling is entered under sub-section
(1) due regard shall be paid to the social and religious sentiments of the occupiers; and
before any apartment in the actual occupancy of any woman, who according to the
custon does not appear in public, is entered under sub-section (1), notice shall be given
to her that she is at liberty to withdraw and every reasonable facility shall be afforded to her
for withdrawing. - Measures for prevention and fire safety.-(1) The nominated authority shall, after the
completion of the inspection of the building or premises under Section 3, record its
views on the deviations from or the contraventions of, the building bye-laws with regard to the
fire prevention and fire safety measures and inadequacy of such measures provided
therein with reference to the height of the building or the nature of activities
carried on in such building or premises and issue a notice to the owner or occupier of such
building or premises directing him to undertake such measures as may be specified in the
notice.
(2) The nominated authority shall also give a report of any inspection made by it under
Section 3 to the District Magistrate. - Power to seal buildings or premises.-(1) Where on receipt of a report from the nominated
authority under sub-section (2) of Section 4, it appears to the District Magistrate that the
condition of any building or premises is dangerous to life of property, he shall without
prejudice to any action taken under Section 8 by order, require the person in possession or
occupation of such building or premises to remove themselves from such building or premises
forthwith.
(2) If an order made by the District Magistrate under sub-section (1) is not complied with, the
District Magistrate may direct any Police Officer having such jurisdiction in the area to
remove such persons from the building or premises and such officer shall comply with such
directions.
(3) After the removal of the persons under sub-section (1) or sub-section (2), as the case may be,
the District Magistrate shall seal the building or premises.
(4) No person shall remove such seal except under an order made by the District Magistrate. - Provision regarding certain building and premises.(1) Notwithstanding anything
contained in any other law for the time being in force, the Chief Fire Officer may enter and inspect
any building including a building under construction if such inspection appears necessary for
ascertaining the adequacy of fire prevention and fire safety measures in such buildings.
(2) The entry and inspection under sub-section (1) shall be done by the Chief Fire Officer in the
manner laid down in relation to nominated authority in Section 3.
(3) The Chief Fire Officer shall, after inspection of the building or premises under sub-section (1)
and after taking into consideration
(a) the provisions of the building bye-laws in accordance with which
the plan of the said building or premises was sanctioned; (b) the conditions imposed, if any, by the
local authority at the time
of the sanction of the plan of the said building or premises; and (c) the minimum standards for fire
prevention and fire safety
measures specified for such building or premises as may be
specified by rules framed under this Act; issue a notice to the power or occupier of such
building or premises stating therein the inadequacy in regard to the fire prevention and fire safety
measures in it and direct the owner or occupier to undertake measures for rectifying the said
inadequacy within such period as he may consider just and reasonable. - Permission for certain buildings.—(1) Every building above 15 metre in height whether
existing or to be erected or likely to be used for a purpose such as medical or other treatment or care
of persons suffering from physical or mental illness, diseases or infirmity, case of infants,
convalescents or aged person or for penal or correctional detention in which the liberty of inmates is
restricted, shop, market, sleeping, accommodation, hotel or rooming house,
Aucational institution, assembly building where group of people congregate or gather for amusement,
recreation, social, religious, patriotic, civil travels or for a similar purposes shall submit plan and
obtain a permission from entity authorised by the State Government that safety from fire is
reasonably attainable in practical and can be achieved. - Default-Powers of the Chief Fire Officer.—(1) The Chief Fire Officer shall in the event of
non-compliance of any notice issued under Section 4 or Section 6, take such steps as may be
necessary for the compliance of such notice.
(2) All expenses incurred by the Chief Fire Officer in relation to any steps taken by him under
sub-section (1) shall be payable by the owner or the occupier on demand and shall, if not paid within
ten days after such demand, be recoverable as arrears of land revenue. - Appeals.—(1) Any person aggrieved by any notice or order of the nominated authority or the
Chief Fire Officer may prefer an appeal against such notice or order to the State Government within
thirty days from the date of notice or order appealed against :
Provided that the State Government may entertain an appeal after the expiry of the said period of
thirty days if it is satisfied that there was sufficient cause for not filing it within that period.
(2) An appeal to the State Government under sub-section (1) shall be made in such form and
shall accompanied by a copy of the notice or order appealed against and by such fees as may be
prescribed. - Bar of jurisdiction of Courts.—No Court shall entertain any suit, application or other
proceeding in respect of any notice or order under this Act and no such notice or order shall be called
in question otherwise than by preferring an appeal under this Act. - Penalties.—Whoever contravenes any provision of this Act shall, without prejudice to any
other action taken against him under Section 8 be punishable with imprisonment for a term which
may extend to ten years or with fine which may extend to one lac rupees or with both and where the
offence is a continuing one, with a further fine which may extend to five thousand rupees for every
day after the first during which such offence continue. - Offences by Companies.—1) Where an offence under this Act has been committed by a
company, every person who, at the time the offence was committed, was incharge of and was
responsible to, the company for the conduct of the business of the company, as well as the company,
shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished
accordingly :
Provided that nothing contained in this sub-section shall render any such person liable to any
punishment if he proves that the offence was committed without his knowledge or that he had
exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding, anything contained in sub-section (1), where any offence under this Act,
has been committed by a company and it is proved that the offence has been committed with the
consent or connivance of or is attributable to any neglect on the part of, any director, manager,
secretary or other officer of the company such director, manager, secretary or other officer shall also
be deemed to be guilty of that offence and shall be liable to be proceeded against and punished
accordingly.
Explanation.—For the purposes of this section,
(a) “company” means a body corporate and includes a firm or other
association of individuals; and (b) “director”, in relation to a firm, means a partner in the firm. - Sanction of prosecution.—No Court shall proceed to the trial of an offence under this
Act, except on the complaint of or upon information received from the nominated authority. - Jurisdiction.—No Court inferior to that of a Chief Judicial Magistrate shall try an offence
punishable under this Act. - Protection of action taken in good faith.—No suit, prosecution or other legal proceedings
shall lie against any person for anything which is in good faith done or intended to be done under this
Act or any rules made thereunder. - Officer to be public servant.—Every Officer acting under the provisions of this Act, shall be
deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code, 1860 (Act
No. 45 of 1860). - Power to make rules.—1) The State Government may, by notification, make rules for
carrying out the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may
provide for
(a) the height of the building under sub-section (1) of Section 3;
(b) the minimum standards for the fire prevention and fire safety measures;
(c) the form in which an appeal shall be made and the fees that shall accompany such appeal
under sub-section (2) of Section 9;
(d) any other matter which is required to be or may be, provided by rules.
