Bare ActsThe NAGALAND FIRE AND EMERGENCY SERVICE ACT 2021 (ACT NO.5 OF 2023)

Section 27

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(A) Power of Inspection (1) The Director or Fire Officer may, after giving three hours' notice to the occupier, or if there is no occupier, to the owner of any place or building or part thereof, enter and inspect such place or building or part thereof at any time between sunrise and sunset where such inspection appears necessary for ascertaining the adequacy or contravention of fire prevention and Life safety measures: PROVIDED that, the Director or Fire Officer may enter into and inspect any such place or building or part thereof at any time if an industry is working or an entertainment is going on at such place, building or part thereof, or If it appears to him to be expedient and necessary to do so in order to ensure safety to life and property.( see: Schedule of formats chapter XII) (2) The Director or Fire Officer shalt be provided with all possible assistance by the owner or occupier, as the case may be, of such place or building or part thereof for carrying out the inspection under sub-section(1). (3) The owner or occupier or any other person shalt not obstruct or cause any obstruction to the entry of a person empowered or authorized under this section into or upon any Land or building or shall not molest such person after such entry for inspection. (4) When any such place or building or part thereof used as a human dwelling is entered under sub-section (3), due regard shalt be paid to the social and religious sentiments of the occupiers; and before any flat, apartment or a part of such building in the actual occupancy of any woman, who, according to the custom does not appear in public, is entered under sub-section (3), notice shall be given to her that she is at liberty to withdraw, and every reasonable facility shall be afforded to her for withdrawing. (see: Schedule of formats chapter XLI) (5) Where the inspection is carried out by the Fire Officer under the preceding provisions of this Section, he shall give a report of any such inspection to the Director or Fire Officer of the authority concerned. (6) The Director or Fire Officer shall, after completion of the inspection of the place or building or part thereof under this Section, record his views on the deviations 44 The Nagaland Gazette, Part-V August 31, 2023 from or the contraventions of, the requirements with regard to the fire prevention and life safety measures or the inadequacy or non-compliance of such measures provided or to be provided therein with reference to the height of the building or the nature of activities carried on in such place or building or part thereof and issue a notice to the owner or occupier of such building or part thereof directing him to undertake such measures within such time as may be specified in the notice. The Inspection shall be carried out atleast once in a year. (see: Schedule of formats chapter XV) 27 (B) GRANT OF LICENSE TO ACT AS LICENSED AGENCY. a.The Director/HOD may, from time to time and in accordance with such qualifications, experience or other matter in this behalf as prescribed, grant any person or association of persons, a license to act as Licensed agency tor the purposes of this Act, (see: Schedule of formats chapter XII) b. The license shall be renewed every three years. v. The State Government may, from time to time, prescribe a scale of fee for licensed agencies, if there is no written contract in this behalf to the contrary, d. Where the Director/14013 has reason to believe that any person to whom a license has been granted under sub-section (a) has contravened any provisions, of this Act or the rules made thereunder or has failed to comply with the conditions of the license or is unfit to hold the license by reason of incompetence, misconduct or any other reasons, the Director may, alter grving the person a reasonable opportunity to show cause, suspend or cancel the license, alter recording the reasons in writing.( see: Schedule of formats chapter XII) c. Bar to compromise fire safety Where the willful default on the part of a licensed agency in respect of fire safety of any building or premises is compromised. such licensed agency shall be liable to criminal prosecution and, in the event of any fire accident in such building or premises, shall make good all damages on account of such tire accident. f Appeal against Order of Director. - Any person aggrieved by an order of the Director/HOD under this Chapter may, within thirty days of the service of the order may appeal g. Penalty for furnishing False 'Fire Safety Certificate'. Any person associated with a licensed agency, who knowingly furnishes a false "Fire Safety Certificate', shall be punishable with imprisonment for it term of three years which may extend to five years or with tine of twenty thousand rupees which may extend to five lakh rupees or with both. h. Criteria to act as Licensed Agency: Should posses the Ibilowingeondition to be eligibleas a licensed Agency:

Section 27 – The NAGALAND FIRE AND EMERGENCY SERVICE ACT 2021 (ACT NO.5 OF 2023) | DailyLaw.ai