Amendment status not verified — confirm the current text below against the official source.
(1) No building or place shall be used as a warehouse or as a workshop unless the 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. 908 THE ASSAM GAZETTE, EXTRAORDINARY, OCT. 1,1985 Appeals. J 4. Power to 1 5 seize, remove or destroy goods etc. (3) A license granted under this Act may be withdrawn or suspended by such authority who granted it. (4) Where on application, a license or rene wal of a license is refused, withdrawn or suspended, the licensing authority shall record in writing the reasons for such refusal with due intimation to the applicant.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. 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. In case a warehouse is detected using it with out a license, it shall be lawful for the Direc 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 THE ASSAM GAZETTE, EXTRAORDINARY. OST. 1, 1935 909 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. ochcunp8 a etionf. 16. Whenever a change in the occupation of any 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 shall be used for public gathering for 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. lie gathering for entertain ment- 910 THE ASSAM GAZETTE, EXTRAORDINARY, OCT. 1, 1985 Explanation :—Theatres, Cinemas, Circus, Fairs Melias and such other like matters come under provision of this Section. s^cturerof 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. THE ASSAM GAZETTE, EXTRAORDINARY OCT. 1, 1985 911 ^tfn °fii 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. fo 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. assessment collection, etc. of Fire Tax. (1) The authorities for the time being em powered to assess, collect and enforce payment of property tax under the law 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 912 THE ASSAM GAZETTE, EXTRAORDINARY, OCT. 1, 1985 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. fees and pro cedure for payment. (1) The State Government may prescribe such fees and such procedure for pay 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 THE ASSAM GAZETTE. EXTRAORDINARY. OCT. 1, 1985 913 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 trans fer of fire fighting property.