Amendment status not verified — confirm the current text below against the official source.
No local authority of any area in which this Act is in force, shall after the commencement of this Act in that area, transfer or otherwise part with any fire fighting property without previous sanction of the State Government. Acquisition 9 7 of fire figh- ' ting proper ty- (1) If, after making such inquiry and investi gation as it deems necessary and after 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 o Q /-< ■> and metl.od O ' of deter mining com pensation. The amount of compensation payable in respect of any fire fighting property acquired under this Act shall be the market value of such property on the date of issue of the notice referred to in 9’4 THE ASSAM GAZETTE. EXTRAORDINARY, OCT. 1, 1985 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. THE ASSAM GAZETTE. EXTRAORDINARY, OCT. 1, 1985 915 Appeals fromn q awards in respect of compensa tion. Power of on Arbitrator. ” Penalties for 3 1 . violation of preventive measures. Where the State Government or a local authority is aggrieved by an award of the 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. 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. (1) Any person who violates any of the pro visions under Sections 13, 17, 18, 19 and 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, 916 THE ASSAM GAZETTE. EXTRAORDINARY. OCT. 1,1985 (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 THE ASSAM GAZETTE EXTRAORDINARY. OCT. 1, 1985 917 Transfer to no other area. Employment 3 4 . on other duties. Enquiry into35. origin of fire and re port to Magistrate. 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. 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. It shall be lawful for the State Government or any officer authorised by it in this be 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. Where any fire has occurred within any area in which this Act is in force, the senior- most officer in rank among the members 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 918 THE ASSAM GAZETTE. EXTRAORDINARY, OCT. 1, 1985 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 . , entry. No compen- 3 9 . v sation for " interruption of water Supply. (1) The Director or any member of the force 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 authority in-charge of water supply in an area shall be liable to any claim for compensation for damage by reason of any interruption of supply of water occasioned only by compliance of such authority with the requirement specified in clause (dj of Section 10. , THE ASSAM GAZETTE. EXTRAORDINARY. OCT. 1, 1985 919 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. shall engage in any employment. Bar to other 43. No member of the force employment or office whatsoever other than his duties under this Act unless expressly permitted to do so by the Director. Restrictions 44, respecting rights to form asso ciation free* (1) No member of the Assam Fire Service Force under this Act shall, without the previous sanction in writing of the 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 920 THE ASSAM GAZETTE. EXTRAORDINARY, OCT. 1, 1985 (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 THE ASSAM GAZETTE, EXTRAORDINARY, OCT. 1, ? S85 921 (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 other Law not barred. Nothing in this Act shall be deemed to pre 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, acts of mem bers of the force. (1) In any suit of criminal proceeding against any member of the Assam Fire Service 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. 9 -2 THE ASSAM GAZETTE, EXTRAORDINARY, OCT. 1, 1985 Power to make rules. (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