The Gujarat Fire Prevention and Life Safety Measures Act, 2013.
gujarat · 2013
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1(1) This Act may be called the Gujarat Fire Prevention and Life Safety Measures Act, 2013
- S. 3Establishes a unified state fire service and allows the government to integrate local fire services into it.
- S. 4Section 4 vests fire service control and administration in the State Government through appointed fire officers.
- S. 5Section 5 outlines the organization, powers, and duties of the State fire service and the State Government's authority to determine its structure and staff recruitment.
- S. 7Section 7 outlines the Director's powers and duties, including staffing, policy framing, and superintendence over fire services in Gujarat.
- S. 8Section 8 empowers the State Government to create fire regions and appoint Regional Fire Officers to manage fire prevention and safety measures.
- S. 9The section allows the state government to divide fire regions into fire divisions and stations for better administrative and operational efficiency.
- S. 10Section 10 appoints Divisional and Station Fire Officers and prescribes their qualifications and service conditions.
- S. 11Section 11 designates Regional and Chief Fire Officers as commanding officers in fire emergencies and assigns them as heads of their offices.
- S. 12Section 12 mandates factory owners to appoint fire safety officers and report compliance, with penalties for non-compliance.
- S. 13Section 13 allows fire officers to requisition firefighting equipment and compensate the owner after use.
- S. 14Section 14 authorizes fire officers to remove obstructions, close streets, break into premises, and regulate water supply to extinguish fires and protect life and property.
- S. 15Section 15 allows fire officers to draw water from any source for firefighting operations.
- S. 16Section 16 allows fire officers to contract with private fire-fighting services for assistance in fire emergencies.
- S. 17(1) The State Government may establish and maintain training Training
- S. 18Section 18 mandates building owners or occupiers to implement fire prevention and safety measures, and prohibits occupancy certificate issuance without compliance.
- S. 20Section 20 penalizes non-compliance with fire safety measures, suspending fire safety certificates until satisfactory compliance is achieved.
- S. 21Section 21 mandates fire officers to issue safety certificates for compliance and cancels them for non-compliance, prohibiting occupancy and forbidding tampering with safety equipment.
- S. 22Section 22 authorizes state officials to regulate fire hazards and remove risky materials to prevent fires.
- S. 23Section 23 mandates police officers to assist fire officials in firefighting and related duties involving fire risks.
- S. 24Section 24 allows fire officials to inspect buildings for fire safety compliance, with mandatory assistance from owners or occupiers.
- S. 25Section 25 allows fire officers to seal non-compliant buildings and disconnect utilities, with unpaid costs recoverable as tax arrears.
- S. 26Section 26 empowers fire officials to order evacuation and seal buildings deemed dangerously unsafe due to inadequate fire safety measures.
- S. 27(1) The State Government may by notification in the Official Gazette, declare any class of temporary occupancy
- S. 28Section 28 grants the Director authority to issue, renew, suspend, or cancel licenses for fire safety agencies based on compliance and fitness.
- S. 29Section 29 mandates that only licensed agencies can provide fire prevention and safety measures, with exceptions for approval by fire officers.
- S. 30The section allows the State Government to levy fire fees on properties for fire prevention and safety services.
- S. 31Section 31 outlines the authorities' role in assessing, collecting, and enforcing fire fees, similar to property tax, with a portion of proceeds used for collection costs.
- S. 32(1) There shall be constituted a fund to be known as "Fire Prevention and Life Safety Fund"
- S. 33Section 33 allows appeals to the Director against certain notices or refusals, with the final order being binding except for Municipal Corporation areas where the Commissioner is the appellate authority.
- S. 34Section 34 outlines the time limit and conditions for appealing against decisions under the Gujarat Fire Prevention and Life Safety Measures Act, 2013.
- S. 35Section 35 specifies that only Metropolitan Magistrates or Judicial Magistrates First Class can try offenses under the Gujarat Fire Prevention and Life Safety Measures Act, 2013.
- S. 36No court shall entertain any suit, application or other proceedings in ear of Court
- S. 37Section 37 mandates that only authorized fire officers can file complaints for offenses under the Gujarat Fire Prevention and Life Safety Measures Act, 2013.
- S. 38Section authorizes designated officials to compound or withdraw fire safety offenses, discharging offenders if in custody.
- S. 39Section 39 penalizes violations of fire safety provisions in the Gujarat Fire Prevention and Life Safety Measures Act, 2013.
- S. 40Section 40 makes offenses related to unauthorized removal of seals non-bailable and cognizable.
- S. 41Section mandates police and agencies to assist Fire Service members in performing their duties under the Act.
- S. 42Section 42 penalizes failure to report fire outbreaks without just cause, treating it as an offense under the Indian Penal Code.
- S. 43Section penalizes obstruction of firefighting operations with imprisonment or fine up to five thousand rupees.
- S. 46Section 46 deems officers and employees acting under this Act as public servants under the Indian Penal Code.
- S. 47The State Government must pay funeral expenses to the next of kin of a non-Gazetted Fire Service member who dies on duty.
- S. 48The section allows the government to use the Fire Service for rescue and salvage operations due to its training and equipment.
- S. 49Section 49 makes the Gujarat Fire Prevention and Life Safety Measures Act prevail over any conflicting laws.
- S. 50Section 50 prioritizes Gujarat Fire Prevention and Life Safety Act over other laws for fire safety measures.
- S. 51Section 51 allows the State Government to transfer assets and liabilities of state-owned bodies to the State Fire Service for fire prevention and safety.
- S. 52Section 52 allows the State Government to delegate its powers to the Director and the Director to further delegate to fire officers.
- S. 53The Director can issue written directions to individuals in emergency areas to perform or refrain from specific actions.
- S. 54Section 54 mandates Regional and Chief Fire Officers to provide required reports to the Director, who must comply with State Government directions.
- S. 57Section 57 allows the State Government to make rules for fire service organization, officer qualifications, and staff recruitment.
- S. 58Section 58 authorizes the Director to make regulations for implementing the Act, with State Government approval.
- S. 60Section 60 clarifies that fire safety measures under the Act do not affect existing civil or criminal liabilities.
- S. 61Section 61 protects individuals from legal action for good faith actions taken under the Act.
- S. 62Any amount payable under this Act shall be recovered as an arrears of land revenue
- S. 63Section 63 mandates fire service members to carry out duties under the Act without undermining state government fire prevention roles.
- S. 64Fire Services in Gujarat are considered emergency services for non-fire disasters, but non-fire emergency service authority's decisions prevail.