Bare ActsThe Uttar Pradesh Fire And Emergency Service Act

Section 2

Definitions

Amendment status not verified — confirm the current text below against the official source.

2. In this Act, unless the context otherwise requires,- (a) “Appellate Authority” means an Officer appointed by the State Government, who is at least two ranks higher than the Fire Officer as defined in Section 45 of this Act; (b)“Building” shall have the same meaning assigned to it in the relevant municipal law or any law for the time being in force in the area in which this Act is in force and includes places or premises comprising land or building, or part of a land or building, whether authorized or otherwise, outhouses, if any, pertaining to such building or part thereof and petrol, diesel or gas lines, installations or pumps; (c) “Building bye-Laws” means the building bye-laws, rules and regulations made under any relevant municipal law and includes the development control rules or regulations, by whatever name they are called, or any other building rules or regulations made under any other law for the time being in force and are in the area in which this Act is in force; (d) “Bureau of Indian Standard (BIS)” means National Standard body of India established under Bureau of Indian Standards Act, 2016 (Act no. 11 of 2016); (e) “Bye law” means fire safety regulations or norms or guidelines made under National Building Code of India, Building Bye-laws enacted by Entity Authority, Oil Industry Safety Directorate guidelines, Petroleum Act and Rules, Explosive Act and Rules of India relating to fire prevention, or any relevant guidelines by the State Government or local Authority as amended from time to time; (f) “Director” means the Director of the Fire and Emergency Services appointed by the State Government under section 6 of this Act; (g) “Director General” means the Director General of the Fire and Emergency Services appointed by the State Government; (h) “Disaster” means disaster as defined in Disaster Management Act, 2005 (Act no. 53 of 2005) as amended from time to time; (i) “Emergency” means any serious situation or occurrence, including disasters, that happens unexpectedly and demands immediate action of Fire and Emergency Service of the State Government or Local Authority; (j) “Employee” means a person appointed to the Fire and Emergency Service under this Act; (k) “Entity Authority” shall include a Local Authority, Development Authority, Municipality, Municipal Corporation, Awas Vikas Parishad or Building Plan Sanctioning Authority; (l) “Erector” means a person or association of persons, whether corporate or otherwise, who erects or makes a pandal or any structure for occupation of people on a regular or temporary basis; (m) “Fire Prevention and Life Safety Measures” means such measures inclusive of fire protection system as are necessary in accordance with the National Building Code of India for the containment, control, and extinguishing of fire and for ensuring the safety of life and property in case of fire and as may be prescribed in the Rules made in this behalf; (n) “Fire Safety Officer” means the person appointed under section 28 of this Act by the owner or occupier of certain premises and buildings as specified in this behalf to ensure fire prevention and fire safety measures installed in such premises and buildings; (o) “Fire Officer” means an officer appointed by the State for fire stations and other field formations as per section 9 of this Act; (p) “Fire Station” means a building erected to house the firefighting equipment, appliances and staff declared generally or specially by the State Government to be a Fire Station and other field formations for the purpose of this Act; (q) “Fund” means fund constituted under section 52 of this Act; (r) “Local Authority” shall mean a Municipal Board or Nagar Palika, Nagar Mahapalika, Notified Area Committee, Town Area Committee, Zila Parishad, Cantonment Board, Kshettra Samiti, Gaon Sabha or any other authority constituted for the purpose of Local Self-Government or village administration or legally entitled to or entrusted by the State Government with the control or management of municipal or local fund; (s) “Local Fire and Emergency Service” means Local Fire and Emergency Service as may be notified by the State Government; (t) “National Building Code” means the book or books containing Fire Prevention and Life Safety Measures to be implemented in the buildings, places, premises, workshops, warehouses and industries, published from time to time by the Bureau of Indian Standards; (u) “Occupancy” means the principal occupancy for which a building or a part of the building is used or intended to be used including subsidiary occupancies which are contingent upon it; (v) “Occupier” means,- (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. (w) “Owner” includes a person who, for the time being, 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; (x) “Pandal” means a temporary structure with a roof or walls made of straw, hay, ulu grass, golpatta, hogla, darma, mat, canvas, cloth or other like material which is not adopted for permanent or continuous occupancy; (y) “Second Appellate Authority” means an Officer appointed by the State Government, who is at least one rank higher than the Appellate Authority as defined in section 45 of this Act; (z) “Standing Fire Advisory Council (SFAC)” means the advisory body constituted by the Union Ministry of Home Affairs to examine the technical problems relating to Fire Service and to make recommendation to the Government of India in the matter including the standardization of fire-fighting equipment through the Indian Standard Institutions; (aa) “State Government” means the Government of Uttar Pradesh; (bb) “Qualified agency” means a person or an association of persons having technical specialization in the field of Fire from a recognized University and having sufficient domain knowledge and accomplishments in the field of Fire Service.

Section 2 – The Uttar Pradesh Fire And Emergency Service Act | DailyLaw.ai