THE LAKSHADWEEP FIRE AND EMERCENCY SERVICE REGULATION, 2026

jftLVªh lañ Mhñ ,yñ—¼,u½04@0007@2003—26 REGISTERED NO. DL—(N)04/0007/2003—26 सी.जी.-डी.xएxलx.G-अI.D-1H50x5x2x026-272606 CG-DL-E-15052026-272606 xxxGIDExxx vlk/kkj.k EXTRAORDINARY Hkkx II — [k.M 1 PART II — Section 1 izkf/kdkj ls izdkf'kr PUBLISHED BY AUTHORITY lañ 16] ubZ fnYyh] 'kqØokj] ebZ 15] 2026@oS'kk[k 25] 1948 ¼'kd½ No. 16] NEW DELHI, FRIDAY, MAY 15, 2026/VAISAKHA 25, 1948 (Saka) bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA Separa te paging is given to this Part in order that it may be filed as a separate compilation. MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 15th May, 2026/Vaisakha 25, 1948 (Saka) T HE LAKSHADWEEP FIRE AND EMERCENCY SERVICE REGULATION, 2026 THE LAKSHADWEEP FIRE AND EMERGENCY SERVICE No. 3 of 2026 REGULATION, 2026 Promulgated by the President in the Seventy-seventh Year of the Republic of Inida. Promulgated by the President in the Seventy-seventh Year of the Republic of India. A Regulation to provide for the maintenance of Fire and Emergency Service and to make more effective provisions for fire prevention and fire safety measures in various categories of buildings and premises in the Union territory of the Lakshadweep and the matters connected therewith or incidental thereto. In exercise of the powers conferred by article 240 of the Constitution, the President is pleased to promulgate the following Regulation made by her:— CHAPTER I PRELIMINARY 1. (1) This Regulation may be called the Lakshadweep Fire and Emergency Short title, Service Regulation, 2026. extent and commencement. (2) It extends to the Union territory of the Lakshadweep. (3) It shall come into force on such date as the Administrator may, by notification in the Official Gazette, appoint.2 THE GAZETTE OF IND2 IA EXTRAORDINARY [Part II— Definitions. 2. In this Regulation, unless the context otherwise requires,— (a) “administrator” means the administrator of the Union territory of the Lakshadweep appointed by the President under article 239 of the Constitution; (b) “appellate authority” means an officer above the rank of Fire Officer appointed by the Government, by notification; (c) “building” shall have the same meaning as assigned to it in any law for the time being in force in the area in which this Regulation is in force and includes places or premises comprising of land or building, or part of a land or building, whether authorised or otherwise, out houses, if any, pertaining to such building or part thereof and installations of petrol, diesel or gas lines or pumps; (d) “building bye-laws” means the bye-laws or rules or regulations made under any municipal law or any other law for the time being in force in the area in which this Regulation is in force and includes the development and control rules or regulations, by whatever name called; (e) “bye-law” means the fire safety regulations, norms or guidelines made by the Government under this Regulation; (f) “Director or Chief Fire Officer” means the Director or Chief Fire Officer of the fire and emergency service appointed under sub-section (1) of section 7; (g) “disaster” means the disasters as defined in clause (d) of section 2 53 of 2005. of the Disaster Management Act, 2005; (h) “emergency” means any serious situation or occurrence, including disasters, occurring unexpectedly and demanding immediate action or response of the fire and emergency service; (i) “employee” means a person appointed to the fire and emergency service; (j) “erector” means a person or association of persons, whether incorporated or otherwise, who erects or makes a pandal or any structure for the occupation of people on a regular or temporary basis; (k) “fire and emergency service” means the Lakshadweep fire and emergency service constituted under section 3; (l) “Fire Officer or Station Fire Officer or Station Officer” means an officer appointed as such under sub-section (1) of section 10; (m) “fire prevention and life safety measures” means such measures as may be necessary for the containment, control, and extinguishing of fire and for ensuring the safety of life and property, including such other measures as may be prescribed; (n) “firefighting property” means land and building used as fire stations, firefighting appliances, equipment, tools, implements and other articles whatsoever used for firefighting and other means of transport used in connection with the firefighting, uniforms and badges of rank; (o) “Fire Safety Officer” means the officer appointed as Fire Safety Officer under sub-section (1) of section 15;Sec. 1] THE GAZETTE OF IND3 IA EXTRAORDINARY 3 (p) “fire station” means a fire station established under sub-section (1) of section 9; (q) “fund” means the Fire Prevention and Life Safety Fund constituted under section 39; (r) “Government” means the Union territory administration of Lakshadweep; (s) “local authority” means a district panchayat or gram panchayat constituted under any law for the time being in force; (t) “nominated authority” means any officer of the rank of a Station Fire Officer or Station Officer of fire and emergency service nominated by the Government for the purposes of this Regulation; (u) “notification” means a notification published in the Official Gazette, and the expression “notify” or “notified” shall be construed accordingly; (v) “occupancy” means the principal occupancy for which a building or part thereof is used or intended to be used, including subsidiary occupancies which are contingent upon it; (w) “occupier” means— (i) an owner in occupation of, or otherwise using, his land or building; (ii) 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; (iii) a licensee in occupation of any land or building; (iv) any person who is liable to pay damages to the owner for the use and occupation of any land or building; and (v) a rent-free tenant of any land or building; (x) “Official Gazette” means the Gazette of the Union territory of Lakshadweep; (y) “owner” means a person who, for the time being, is entitled to receive the rent of any land or building,— (i) whether on his own account or on account of himself and others; or (ii) as an agent, trustee, guardian or receiver; or (iii) any other person, who may receive the rent or be entitled to receive it, if the land or building or part thereof is let out to a tenant; (z) “pandal” means a temporary structure with a roof or walls made of straw, hay, ulu grass, golpatta, hogla, darma, mat, canvas, cloth or such other like material which is not used for permanent or continuous occupancy; (za) “prescribed” means prescribed by rules made under this Regulation; (zb) “qualified agency” means a person or an association of persons having technical specialisation in the field of fire,— (a) civil or mechanical engineering; or (b) technology, industrial safety, disaster management or chemical science,4 THE GAZETTE OF IND4 IA EXTRAORDINARY [Part II— from a recognised university, having domain knowledge and accomplishments in the field of fire services or emergency services; (zc) “second appellate authority” means an officer appointed by the Government, who is higher in rank than the appellate authority; (zd) “specified” means specified by an order under this Regulation, and the expression “specify” shall be construed accordingly; (ze) “Standing Fire Advisory Council” means the advisory body constituted by the Ministry of Home Affairs by notification to examine the technical problems relating to a fire and emergency service and to make recommendations to the Government of India in the matter including the standardisation of firefighting equipment through the Indian Standard Institutions; and (zf) “Union territory” means the Union territory of Lakshadweep. CHAPTER II ESTABLISHMENT AND MAINTENANCE OF FIRE AND EMERGENCY SERVICES Establishment 3. (1) With effect from such date as the Government may, by notification, and declaration appoint, there shall be established a fire and emergency service for the Union of fire and territory. emergency service. (2) The Government may, by notification, declare any fire brigade of the Union territory, by whatever name called, as part of the fire and emergency service: Provided that the private fire and emergency service maintained for providing fire protection coverage to a specific building or industry by the owner thereof shall not form part of the fire and emergency service. (3) In order to assist in any disaster, all fire services shall be considered as emergency services. (4) In case the emergency service is not related to fire only, the authority in-charge of the fire and emergency service shall take action. Superintendence 4. The superintendence of, and control over, the fire and emergency service of fire and throughout the Union territory shall vest in the Government, and the fire and emergency emergency service shall be administered by the Government in accordance with service to vest in Government. the provisions of this Regulation and the rules made thereunder. Composition of 5. (1) The fire and emergency service shall consist of the following fire and members, namely:— emergency service. (a) Director or Chief Fire Officer as designated by the Administrator-ex officio; (b) Deputy Chief Fire Officer; (c) Station Fire Officer or Station Officer (Fire Service); (d) Sub-Fire Officer; (e) Leading Fireman. (2) The existing workshop, control room and other field formations of the fire and emergency service shall function in the manner as may be prescribed. Terms and 6. (1) The number of employees, method of their recruitment, level of post, conditions of qualification, pay, allowances and other conditions of their service and the matters employees of connected therewith shall be such as may be prescribed. fire and emergency service.Sec. 1] THE GAZETTE OF IND5 IA EXTRAORDINARY 5 (2) The uniform and badges of employees shall be such as may be prescribed and shall be in conformity with the recommendation of the Standing Fire Advisory Council. (3) The employees of the fire and emergency service shall be governed by Central Civil Service Rules as apply to the other employees of the Government in relation to the terms and conditions of their service and all other allied matters. (4) Save as otherwise provided by or under this Regulation, every person holding office either as a Fire Officer or staff or an employee of existing fire service on the date immediately before the commencement of this Regulation, shall continue to hold office on the same terms and conditions as applied to him immediately before such date and shall exercise such powers and perform such duties as before and in addition to those as are conferred on them by or under this Regulation. (5) All officers and employees of the fire and emergency service shall be liable for posting to any branch of the fire and emergency service at any location within the Union territory. 7. (1) The Government may, by notification, appoint a Director or Chief Fire Appointment of Director of fire Officer of the fire and emergency service with such qualification and experience and emergency as may be prescribed, who shall exercise such powers and perform such duties and service. other functions as are specified by this Regulation or as may be prescribed. (2) The Government may, by notification, appoint such other officers and employees as may be necessary to assist the Director or Chief Fire Officer. (3) The Jurisdiction of the Director or Chief Fire Officer so appointed shall extend to the whole of the Union territory in matters relating to fire and emergency service. 8. (1) The Director or Chief Fire Officer shall, subject to the superintendence Power, duties and control of the Government, direct and regulate matters relating to fire safety and functions of Director or Chief and prevention, firefighting equipment, machinery and appliances, training, events Fire Officer. of mutual relations, distribution of duties, study of laws, orders and modes of proceedings and all matters of executive details or the fulfilment of duties and maintenance of discipline of fire officers and employees of the fire and emergency service, in accordance with the provisions of this Regulation and the rules made thereunder, any other applicable rules and instructions applicable to the officers and employees of the Union territory. (2) The Director or Chief Fire Officer shall be the head of the office and shall,— (a) correspond with the Government for the development of the fire and emergency service; (b) formulate the policies in relation to the development of fire and emergency service in the Union territory and, on approval by the Government, take steps to implement the same; (c) prepare and submit plans and proposals to the Government relating to the periodical review of fire equipment, firefighting property and fire manpower for effective implementation of the fire and emergency service; (d) take or cause to be taken such effective steps and measures in cases of major fires, house collapse and other emergency services as deemed necessary;6 THE GAZETTE OF IND6 IA EXTRAORDINARY [Part II— (e) investigate or direct investigation of the cause of the outbreak of fire and advise the concerned authorities for implementation of fire precautionary measures; (f) depute such number of officers and employees as may be necessary to assist any Fire Officer of the fire and emergency service; (g) enter into agreement, after prior approval of the Government, with any person or agency that employs and maintains personnel or equipment or both for firefighting purposes, for the purpose of dealing with fires occurring in any area; (h) implement the effective human resource development policies as per the job requirements specified at each level of fire service personnel, and for that purpose, he may establish advance training centres; (i) represent the Government at the national and international forums with a view to update the standard of the fire and emergency service in the Union territory; and (j) exercise such other powers and perform such other duties and functions as conferred or imposed on him by or under this Regulation or as may be prescribed. (3) The Assistant Director or Deputy Chief Fire Officer and such other officers, as may be appointed by the Government, shall exercise such powers and perform such duties as are conferred and imposed upon them, by this Regulation or by the rules made thereunder, subject to the control, directions and superintendence of the Director or Chief Fire Officer. CHAPTER III ESTABLISHMENT OF FIRE STATIONS Establishment of 9. (1) The Government may, for the purposes of securing fire prevention and Fire Stations. life safety measures, by notification, establish as many fire stations and other field formations as it deems fit in conformity with the recommendations of the Standing Fire Advisory Council and Urban and Regional Development Plans Formulation and Implementation Guidelines. (2) Every notification issued under sub-section (1) shall define the limits and extent of the fire stations and other field formations as may be necessary for administrative and operational efficiency. Appointment of 10. (1) The Government may, by notification, appoint a Fire Officer for each Fire Officer. fire station, who shall be the officer-in-charge of the fire station and shall hold charge of the fire station as per the strength of the fire and emergency service as may be prescribed by the Government. (2) The method of recruitment, qualifications and other terms and conditions of service of the Fire Officer shall be such as may be prescribed. Powers and 11. (1) Subject to the control, direction and superintendence of the Director functions of Fire or Chief Fire Officer, the Fire Officer shall exercise such powers and perform such Officers. functions as may be conferred upon him under this Regulation, and the rules made thereunder. (2) Without prejudice to the provisions of sub-section (1), the Fire Officer shall be in-charge of operations of the fire and emergency service within his area and shall be responsible for maintenance of communication system, water resources including hydrants within his station areas, and in the case of fire prevention, disaster and emergency, the Fire Officer or an employee who is the senior most in rank, in their respective jurisdiction, shall, act as commanding officer for that purpose and other fire and emergency service employees shall work under him and abide by his direction.Sec. 1] THE GAZETTE OF IND7 IA EXTRAORDINARY 7 12. (1) Every employee, appointed to the fire and emergency service shall Issue of certificate to receive a certificate under the seal and signature of the Director or Chief Fire employees. Officer, and thereupon such person shall have the powers, functions and privileges of an employee of the fire and emergency service under this Regulation. (2) The certificate referred to in sub-section (1) shall cease to have effect when the employee named therein ceases for any reason to be an employee, and on his ceasing to be such employee, he shall forthwith surrender the certificate to any officer empowered to receive the same. (3) The certificate of appointment shall become invalid when the person named therein ceases to belong to the fire and emergency service or shall remain inoperative during the period such person is suspended from the fire and emergency service. 13. (1) Where it appears to the Government that it is necessary to augment Auxiliary fire the fire and emergency service, it may raise an auxiliary service by the enrolment and emergency service. of volunteers for such area and on such terms and conditions, as may be prescribed. (2) Every such volunteer shall receive a certificate, in such form as may be prescribed, as member of the fire and emergency service, shall–– (a) have the same powers and protection; (b) be liable to all such duties and penalties; and (c) be subordinate to the same authorities. 14. The powers, functions and privileges vested in a Fire Officer shall Effect of remain suspended while such Fire Officer is placed under suspension: suspension of Fire Officer. Provided that the Fire Officer shall continue to be under the control of same authorities during the period of his suspension as he would have been, if he had not been, placed under suspension. CHAPTER IV FIRE SAFETY OFFICER 15. (1) To ensure effective implementation of fire prevention and life safety Appointment, measures for the factory, buildings or premises as may be specified by an order by power and functions of Fire the Government in this behalf, every owner and occupier or occupiers individually Safety Officer. or jointly, as the case may be, shall— (a) appoint a Fire Safety Officer, within such period, having such qualification and experience, as may be prescribed; and (b) send the compliance report to the nominated authority. (2) The nominated authority shall issue an enrolment certificate to the Fire Safety Officer, under his signature and seal, in such form as may be prescribed. (3) In case of any vacancy of the Fire Safety Officer appointed under sub-section (1), either on resignation or otherwise, the owner and occupier or occupiers as the case may be, shall immediately appoint another person as the Fire Safety Officer. (4) If the Fire Safety Officer referred to in sub-section (3) is not appointed within the prescribed period, the nominated authority, may take such steps as it deems necessary, including report to the Labour Commissioner for the closure of the factory and in other cases to the concerned authority, as the case may be, for necessary action under the relevant law. (5) The Fire Safety Officer shall undergo such training at the Fire and Emergency Service Training Institute as may be specified by the Government in this behalf:8 THE GAZETTE OF IND8 IA EXTRAORDINARY [Part II— Provided that a person who has already undergone such training at the National Fire Service College, Nagpur or at any other equivalent institution recognised by the Government for the purpose, shall not be required to undergo such training. CHAPTER V FIRE AND EMERGENCY RESPONSE Response to 16. The Fire Officer shall ensure the timely turnouts of fire units to respond calls. to fire and emergency related calls in accordance with such Standard Operating Procedures as may be specified by the Government. Deployment of 17. The Director, Chief Fire Officer or Fire Officer shall ensure deployment personnel and of fire and emergency service resources, equipment and fire personnel at stand-by equipment. duties during any fire response or any other emergency in such manner as may be prescribed. 18. The Director, Chief Fire Officer or Fire Officer shall ensure the planning, Operation management. organising and deployment of the staff, maintaining details of such planning and deployment of the employee and shall ensure the regular monitoring of the fire or emergency site. 19. In the event of a fire rescue operation in any area in which this Powers of employees of Regulation is in force, any member of the fire and emergency service, who is fire and in-charge of firefighting operations on the spot, may,— emergency service during (a) remove or order any member of the fire and emergency service to fire or rescue operations. remove any person who, by his presence, interferes with or impedes the operation for extinguishing the fire or for saving life or property; (b) close any street or passage in or near which a fire is being extinguished or rescue work is in progress; (c) for the purpose of extinguishing fire and carrying out a rescue operation, break into or through or pull down any premises for the passage of hose or appliances or cause them to be broken into or pulled down, causing minimum damage as possible for extinguishing fire: Provided that the owner or occupier, as the case may be, of any such premises shall be paid such reasonable compensation to the extent of the damage caused in such manner as may be prescribed; (d) require any authority in-charge of water supply in the area to regulate the water mains, to provide water at a specified pressure at the place where fire has broken out and utilise the water of any stream, cistern, well or tank or of any available source of water, public or private, for the purpose of extinguishing or limiting the spread of such fire and carrying out rescue operations in such manner as may be prescribed; (e) exercise the same powers for dispersing an assembly of persons likely to obstruct the firefighting operations, as if he were an officer in-charge of a police station and as if such an assembly were an unlawful assembly and shall be entitled to the same immunities and protection as such officer, in respect of the exercise of such powers; (f) detain a person who wilfully obstructs and hinders fire and emergency service personnel in firefighting and rescue operations, and shall hand him over to a police officer or at the nearest police station without avoidable delay, along with a brief note giving date, time and reasons of such detention;Sec. 1] THE GAZETTE OF IND9 IA EXTRAORDINARY 9 (g) enter into agreement with any person who employs and maintains personnel or equipment or both for firefighting purposes, to secure on such terms as may be prescribed for the purpose of dealing with fires occurring in any area; and (h) take such measures as may appear to him to be necessary for extinguishing the fire or for the protection of life and property, or with both. 20. The Director or Fire Officer may draw water from any source in the area Power to arrange for water supply which he considers necessary during firefighting operations and on such occasions during as may be required, and the authority or owner or occupier having control over emergency. such water source shall supply water for that purpose at such rates, as may be prescribed. 21. (1) The Director or Fire Officer shall take all reasonable measures for Duty of Director or Fire Officer to securing an adequate supply of water for use in the event of fire. arrange water supply. (2) The Director, Chief Fire Officer or Fire Officer shall ensure that the water demand for firefighting in the area is in accordance with the Central Public Health and Environmental Engineering Organisation Manual, 1999. (3) The Local Authority and Lakshadweep Public Works Department shall provide all assistance for meeting the water demand for firefighting as per sub-sections (1) and (2). 22. The Director or Fire Officer may enter into an agreement with any Power to enter agency for meeting the demand of water supply in an emergency on such terms into agreement for water supply. and conditions, as may be prescribed. 23. No authority in charge of water supply in any area shall be entitled to any Authority not to claim for compensation for damage by reason of any interruption of supply of claim compensation water caused in compliance with clause (d) of section 19. for damage. 24. No charge shall be made by any local authority for water consumed in Local authority not to charge for firefighting operations by the fire and emergency service. water consumption. CHAPTER VI PREVENTIVE MEASURES 25. (1) The Government may, by notification, require the owner or occupier Preventive of any buildings or premises in any area or of any class of building or premises measures. that are likely to be at risk of fire or likely to cause risk of fire, to take such precautions as may be specified in such notification. (2) The Director, Chief Fire Officer or Fire Officer shall ensure that provisions for fire services management, prevention and preparedness, including preparation of the fire hazard response mitigation plan, are in accordance with the guidelines issued by the National Disaster Management Authority. 26. (1) Notwithstanding anything contained in this Regulation, the erector of Erector of a a pandal shall take all fire prevention and life safety measures referred to in pandal to take fire prevention this section. and life safety measures. (2) The erector shall display at a prominent place in the pandal, a declaration under his signature to the effect that he has taken all fire prevention and life safety measures, in such manner as may be prescribed. (3) The nominated authority may enter and inspect the pandal to verify the correctness of the declaration so made under sub-section (2) and in case of any default, it may direct the erector to rectify the same within the specified time and in case of non-compliance of directions within the specified time, shall remove the pandal in such manner as may be prescribed.10 THE GAZETTE OF IN1D0I A EXTRAORDINARY [Part II— False declaration 27. If any erector falsely declares that he has complied with the prescribed to be punishable fire prevention and life safety measures in the pandal under sub-section (2) of offence. section 26, he shall be deemed to have committed an offence punishable under section 49. Removal of 28. (1) Where a notification has been issued under sub-section (1) of encroachments, section 25, it shall be lawful for the nominated authority to issue direction to the objects or goods owner or occupier or erector, as the case may be, for removal of the objects, goods likely to cause risk of fire or or encroachments, if any, that are likely to cause fire or any obstruction to any obstruction firefighting to a place of safety, by means of a notice served in such manner as he to firefighting. may think fit. (2) If the owner, occupier or erector, as the case may be, fails to comply with the precautions under sub-section (1) of section 25 or directions under sub-section (3) of section 26, the nominated authority may, report the matter to the Sub-Divisional Magistrate, in whose territorial jurisdiction the premises or building or pandal is situated, for adjudication. (3) Where the nominated authority considers objects or goods or encroachments referred to in sub-section (1) to be an imminent cause of risk of fire or obstruction to firefighting, he may seize or remove the objects or goods or encroachment forthwith and report the matter to the Sub-Divisional Magistrate. (4) On receipt of a report under sub-section (2) or (3), the Sub-Divisional Magistrate shall issue a notice to the owner or occupier or erector, as the case may be, in such manner as he may think fit, giving such owner or occupier or erector, an opportunity for making representation against the removal of encroachment or objects or goods likely to cause a risk of fire or obstruction to firefighting. (5) After giving the owner, occupier or erector, as the case may be, a reasonable opportunity of making representation under sub-section (4), the Sub-Divisional Magistrate after considering the representation, may withdraw the notice or pass an order directing any person to seize, detain or remove such objects or goods or encroachments within such time from the date of order. (6) The person charged with the directions under sub-section (5) shall, make an inventory of the objects and goods that are seized under such order and give notice in such form as may be prescribed, to the person in possession thereof at the time of seizure, that the said objects or goods shall be sold if the same are not claimed within the period stipulated in the said notice and inform the Sub-Divisional Magistrate about the seizure. (7) If the person from whom the objects and goods were seized under sub-section (5) fails to claim the seized objects and goods pursuant to notice given under sub-section (6), the Sub-Divisional Magistrate may sell such objects and goods by public auction. Liability of 29. (1) Without prejudice to the provisions of the bye-laws or any other owner or law for the time being in force in the Union territory, the owner or occupier, occupiers of who is either individually or jointly responsible for a building or part building to thereof, shall provide fire prevention and life safety measures as may be provide fire prevention and prescribed: life safety measures. Provided that the owner or the occupier, as the case may be, shall— (a) provide firefighting and life safety installations or measures as provided in such bye-law; (b) maintain the fire prevention and life safety measures in operational condition at all times, in the manner and specifications as specified in such bye-law.Sec. 1] THE GAZETTE OF IN1D1I A EXTRAORDINARY 11 (2) Any person proposing to construct a building as mentioned in clauses (a) and (b) or pursuant to the rules made in this behalf, shall apply for approval of the fire and life safety measure along with the building plan to the nominated authority in this behalf, in such form along with such fee as may be prescribed, in case of— (a) multi-storied buildings having more than fifteen-metre height; (b) special buildings including,— (i) hotel or resort or eating houses, apartment exceeding five hundred square metres of floor area on addition of the area of all floors, educational institutions, buildings for assembly, business or mercantile buildings, industry or factory, buildings for storage, godowns or buildings used for storage of hazardous materials; (ii) mixed occupancies, where any of the buildings referred to in clause (a) or clause (b) have a floor area of more than five hundred square metres, on the addition of the area of all floors. (3) Notwithstanding anything contained in any other law for the time being in force in the Union territory, no authority shall grant or issue electricity or water connections, or an occupancy certificate, in respect of any building or premises, unless the owner or occupier thereof has obtained a Fire Safety Certificate in accordance with the provisions of this Regulation: Provided that the owner or occupier of the building referred to in sub-section (2) shall, prior to the grant of building plan approval, obtain a provisional Fire Safety Certificate, in such form and manner as may be prescribed, and shall, prior to the grant of a completion certificate, obtain a Fire Safety Certificate from the nominated authority. (4) Without prejudice to the existing building bye-laws, the owner or occupier of the buildings specified in sub-section (2) and the notification issued under sub-section (1) of section 25 shall obtain a Fire Safety Certificate from the fire and emergency service which shall be valid for five years, unless cancelled earlier by the nominated authority, from the date of issue of certificate: Provided that after the expiry of a period of thirty months from the date of issue of the Fire Safety Certificate, the owner or occupier, as the case may be, shall submit to the nominated authority a self-declaration or certification, in such form and manner as may be prescribed, relating to the operational fitness and adequacy of the fire safety equipment and firefighting system installed in the premises. (5) While applying for a Fire Safety Certificate, the owner or occupier, as the case may be, shall furnish to the nominated authority, a certificate certifying the compliance of the fire prevention and life safety measures in his building or part thereof, issued by a qualified agency, in such form as may be prescribed. (6) The owner or occupier, as the case may be, after receipt of the Fire Safety Certificate shall furnish a declaration, in such form as may be prescribed, once a year in July, regarding the efficient maintenance of fire prevention and life safety measures as mentioned in sub-section (1). (7) No person other than the qualified agency shall carry out the work of providing fire prevention and life safety measures or performing such other related activities required to be carried out in any place or building or part thereof. (8) For the purpose of this section, the manner of selecting the qualified agency and the functions of such qualified agency shall be such as may be prescribed.12 THE GAZETTE OF IN1D2I A EXTRAORDINARY [Part II— Issue of Fire 30. (1) The nominated authority shall, upon receipt of an application, Safety Certificate scrutinise the compliances required under section 29 and other provisions of this and its renewal. R egulation, documents and particulars submitted by the owner or occupier, and af ter following such procedure, as may be prescribed and after making such ve rification as may be necessary, issue Fire Safety Certificate within a period of thirty days from the date of receipt of the application. (2) If the owner or occupier, as the case may be, fails to comply with the directions issued by the Fire Officer, the Fire Safety Certificate, issued under sub-section (1), shall be cancelled after giving the owner or occupier a reasonable opportunity of being heard. (3) The owner or occupier of the building, whose Fire Safety Certificate has been cancelled under sub-section (2), shall not be entitled to occupy the building. (4) No person shall tamper with, alter, remove or cause any injury or damage to any fire prevention and life safety equipment installed in any such building or part thereof or instigate any other person to do so. 31. (1) The nominated authority may, after giving three hours’ notice to the Power of inspection of occupier, or if there is no occupier, to the owner of any place or building or part nominated thereof, enter and inspect such place or building or part thereof, at any time authority. between sunrise and sunset where such inspection appears necessary for ascertaining the adequacy of fire prevention and life safety measures or the contravention thereof: Provided that the nominated authority may enter and inspect any place or building, at any time, if an industry is operating or an entertainment programme is going on at such place or building, if it appears to him to be necessary and expedient to do so, to ensure the safety of life and property. (2) The owner or occupier, as the case may be, of such place or building or part thereof shall provide all possible assistance to the nominated authority for carrying out the inspection under sub-section (1). (3) The owner or occupier or any other person shall not obstruct or cause any obstruction to the entry of a person empowered under this section, into or upon such place or building. (4) When any such place or building or part thereof referred to in sub-section (1) is being used as a human dwelling and is entered, due regard shall be paid to the social and religious sentiments of the occupier, and where any flat, apartment, place or building or part thereof is in the actual occupancy of a woman, who, according to the custom does not appear in public, prior notice intimating her that she is at liberty to withdraw from such place or building, and every reasonable facility for such withdrawal shall be given to her. (5) Where the inspection is carried out by the nominated authority under sub-section (1), it shall give a report of such inspection to the Director. (6) The nominated authority shall, after completion of the inspection, record his views on the deviations from or the contraventions of, the requirements concerning 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 place or building directing him to undertake such measures within such period as may be specified in the notice. Communication 32. Any person who possesses any information regarding an outbreak of fire of information shall communicate the same without delay to the nearest fire station. on outbreak of fire.Sec. 1] THE GAZETTE OF IN1D3I A EXTRAORDINARY 13 CHAPTER VII FIRE AND EMERGENCY SERVICE TRAINING INSTITUTE 33. The Government may,–– Establishment of fire and (a) establish and maintain one or more training institutes in the Union emergency training institute. territory for providing courses of instruction in the prevention and extinguishment of fire for the fire and emergency service personnel, private candidates and other Government or non-Government establishments and may close down or re-establish any such training centre in accordance with recommendations of the Standing Fire Advisory Council; (b) extend the training facilities referred to in clause (a) and provide training in specialised courses to private candidates or organisations, as well as the fire and emergency service of other States, on payment of such charges, as may be prescribed; (c) provide a course of instruction on prevention and extinguishment of fire in accordance with such procedure and on payment of such fee as may be prescribed; and (d) subject to the observance of any rules applicable to other employees of the Government in relation to training, the employees of the fire and emergency service may be given training in the field of scientific and modern techniques of fire protection and fire safety measures, and allied matters in any institute, within or outside India, at the cost and expense of the Government. 34. The Director or Fire Officer shall conduct community awareness and Community training programmes on preventive measures relating to fire and other preparedness. emergencies, and the fire and emergency service shall render assistance and consultation to the communities in such matters relating to fire prevention in such manner as may be prescribed. CHAPTER VIII LEVY OF FIRE TAX AND OTHER CHARGES 35. (1) There shall be levied a fire tax on lands and buildings on which Levy of fire tax. property tax, by whatever name called, is levied by any local authority in that area. (2) The fire tax shall be levied over and above the property tax at such rates as may be prescribed. (3) No tax shall be levied on any building vested in or under the control or possession of the Government or public authority owned by the Government. 36. (1) The authority empowered to assess, collect and enforce payment of Mode of property tax under the law authorising the local authority of the area to levy such assessment, collection and tax shall, on behalf of the Government and subject to any rules made under this levy of fire tax. Regulation, assess, collect and enforce payment of the fire tax in the same manner as the property tax is assessed, enforced or collected. (2) Such portion of the total proceeds of the fire tax as the Government may determine shall be deducted to meet the cost of collection of the fire charges. 37. (1) Where employees of the fire and emergency service are deployed Fee on deployment of beyond the limits of any area under this Regulation, to extinguish a fire in the fire and neighbourhood of such limits, then the State Government or local body or fire and emergency emergency service authority on whose request they were sent, shall be liable to service within or beyond limits of pay such fee as may be prescribed. Union territory.14 THE GAZETTE OF IN1D4I A EXTRAORDINARY [Part II— (2) The fee referred to in sub-section (1) shall be payable within a period of one month from the date of service of notice of demand by the Director, Chief Fire Officer or Fire Officer, and in case of non-payment within the said period, it shall be recoverable as an arrear of land revenue. (3) No fee shall be levied for extinguishing the fire and carrying out rescue operations within the Union territory. (4) Where employees of the fire and emergency service are deployed for the purposes other than firefighting within the Union territory on the direction of the Director or Fire Officer for rendering special services such as attending duties of fire protection at large assemblies or gathering along with firefighting equipment for stand-by duty, subject to safe use of equipment, if it can be spared or for imparting fire safety training on the written request of any person, shall be liable to pay such fee, in advance, as may be prescribed. 38. Any amount payable under this Regulation in any form shall be Recovery of dues. recovered as arrears of land revenue. CHAPTER IX FIRE PREVENTION AND LIFE SAFETY FUND Constitution of 39. (1) The Government may, by notification, constitute a fund to be called fund. the Fire Prevention and Life Safety Fund. (2) The proceeds of fire tax, fee and penalties other than fines recovered under this Regulation, shall be credited to the said Fund after deduction of the expenses of collection and recovery therefrom. (3) The fund shall be utilised for the purposes of fire community preparedness, training and procurement of firefighting equipment, subject to such conditions and in such manner as may be prescribed. CHAPTER X REQUISITIONING OF FIREFIGHTING PROPERTY Requisition of 40. (1) The Director, Chief Fire Officer or Fire Officer, who is in-charge of a firefighting firefighting operation, may, if in his opinion it is necessary for the purpose of property. extinguishing fire in any area, requisition and take possession of any firefighting property in the possession of any local authority or any institution or individual. (2) As soon as the firefighting operations are over, the Director or Fire Officer in-charge of the firefighting operation, as the case may be, shall release the property referred to in sub-section (1) from requisition and restore the same to the local authority, institution or individual from whose possession such property was taken. (3) Where any firefighting property is requisitioned under sub-section (1), the owner of such property shall be paid compensation which shall be determined in accordance with the following principles, namely:— (a) where the amount of compensation is fixed by an agreement between the Director or Fire Officer and the owner of the firefighting property, it shall be paid in accordance with such agreement; (b) where the parties fail to reach an agreement under clause (a), the Director or Fire Officer, who is in-charge of firefighting operation, shall refer the matter to the Sub-Divisional Magistrate having jurisdiction over the area in which the firefighting property was kept and the Magistrate shall after hearing the parties and such other persons as he deems necessary, determine the amount of compensation taking into consideration the rent payable for such firefighting property and such order of the Magistrate determining the amount of compensation shall be final.Sec. 1] THE GAZETTE OF IN1D5IA EXTRAORDINARY 15 CHAPTER XI OFFENCES AND PENALTIES 41. Whoever contravenes any provisions of sections 20 to 24 of this Penalties for Regulation or the rules made thereunder, shall, without prejudice to any other contravention of certain action taken against him under this Regulation or rules made thereunder, be provisions. punishable with imprisonment for a term which may extend to six months, or with fine which may extend to fifty thousand rupees, or with both, and where the offence is a continuing one, with a further fine which may extend to three thousand rupees for every day after the first day during which such offence continues. 42. Notwithstanding any action which may be taken under the provisions of Penalty for violation of this Regulation, any member of the fire and emergency service who,— duty. (a)is found to be guilty of any violation of duty or wilful breach of any provision of this Regulation or any rule or order made thereunder; or (b)is found to be guilty of abdication of duty; or (c) withdraws or abstains from the duties of his office without permission or without having given prior notice for fifteen days or more; or (d) being on leave fails without reasonable cause to report himself for duty on the expiration of such leave; or (e) accepts any other employment or office or engages himself in business in contravention of the provisions of the Central Civil Services (Conduct) Rules, 1964, shall be liable under the Central Civil Services (Classification, Control and Appeal) Rules, 1965. 43.(1) If any owner, occupier or an association of such owners and occupier Penalty in of a building or premises fails to appoint Fire Safety Officers referred to in case of non-appointment section 15, within the period as may be prescribed, on the receipt of a notice given of Fire Safety in this behalf by the nominated authority or the Fire Officer, as the case may be, Officers. each one of them shall be deemed to be in default jointly and severally. (2) If the person referred to in sub-section (1) is deemed to be in default, he shall be liable to a penalty which shall not be less than ten rupees and not exceeding fifty rupees per square metre of area owned or occupied by him including the common areas in the premises as determined by the Government, which shall be recovered from him by way of penalty for each month of default or part thereof. (3) The amount referred to in sub-section (2) shall be recovered as an arrear of land revenue. 44. (1) Any person whose property catches fire on account of his own act or Liability of his agent, done deliberately or negligently, shall be liable to pay compensation to property owner to pay any other person suffering damage to his property on account of any action taken compensation. under section 18 by any officer mentioned therein or any person acting under the authority of such officer. (2) All claims under sub-section (1) shall be referred to the Appellate Authority, within a period of thirty days from the date on which damage was caused. (3) The Appellate Authority, shall, after giving the party an opportunity of being heard, determine the amount of compensation and pass an order fixing the liability of the person for such default and the amount of compensation to be paid by him.16 THE GAZETTE OF IN1D6I A EXTRAORDINARY [Part II— (4) The order passed under sub-section (3) shall have the force of decree of a civil court and shall be implemented within thirty days from the date of receipt of the order. Failure to give 45. Any person, legally bound to communicate information in his information. possession regarding an outbreak of fire, who fails to communicate the said information, without reasonable justification, shall be deemed to have committed an offence punishable under clause (a) of section 211 of the Bharatiya Nyaya 45 of 2023. Sanhita, 2023. Punishment for 46. Whoever fails, without reasonable cause, to comply with any of the failure to take requirements specified in the notification issued under sub-section (1) of precautions. section 25, shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to ten thousand rupees, or with both and where the offence is a continuing one, with a further fine which may extend to one thousand rupees for each day after the first day during which such offence continues. Penalty for 47. Any person who wilfully obstructs or interferes with any member of the wilfully fire and emergency service while discharging his duty shall be punishable with obstructing imprisonment for a term which may extend to three months, or with a fine which firefighting, may extend to ten thousand rupees, or with both. rescue operation. Punishment for 48. Any person who knowingly gives or causes to be given a false report of giving false the outbreak of a fire to any person authorised to receive such report, by means of report. a statement, message or otherwise, shall be liable to a penalty which may extend to twenty-five thousand rupees. Punishment for 49. If any qualified agency referred to in sub-section (5) of section 29 furnishing false furnishes false certificate or declaration that maintenance of fire prevention and certificate. life safety measures as specified in sub-section (1) of section 25 or as required under sub-section (2) of section 26 have been complied, every person who, at the time the offence was committed, was in-charge of, and responsible for the agency and the conduct of the business of the agency shall be deemed to be guilty of the offence and liable for punishment: Provided that nothing contained in this section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. Punishment for 50. Whoever contravenes any provision of this Regulation or any rule contravention of made or notification issued thereunder for which no punishment or penalty provisions of has been provided shall, without prejudice to any other action taken this Regulation where no against him under this Regulation or the rules made thereunder, be liable punishment has to a penalty which may extend to ten thousand rupees and where the been provided. contravention is a continuing one with a further penalty which may extend to one thousand rupees for every day after the first day during which such contravention continues. Offences by 51. (1) Where an offence under this Regulation has been committed by a companies. company, every person who, at the time the offence was committed, was in-charge of, and responsible for the company and the conduct of the business of the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence, to prevent the commission of such offence.Sec. 1] THE GAZETTE OF IN1D7I A EXTRAORDINARY 17 (2) Notwithstanding anything contained in sub-section (1), where any offence under this Regulation has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any negligence on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.— For the purposes of this section,— (a) “company” means a body corporate and includes a firm or other association of individuals; and (b) “director”, in relation to a firm, means a partner in the firm. 52. (1) Any offence, whether committed before or after the commencement Compounding of of this Regulation, punishable under sections 44 and 45 or any rule made offences. thereunder, may, before the institution of prosecution, be compounded by such officers of the fire and emergency service and for such amount as the Government may, by notification, specify in this behalf: Provided that no offence shall be compoundable which is committed by failure to comply with a notice, order or requisition issued by or on behalf of the Government or of any of the officers authorised under this Regulation and until the same has been complied with. (2) Where an offence has been compounded under sub-section (1), the offender, if in custody, shall be discharged and no further action shall be taken against him in respect of such offence. 53. No suit, prosecution or other legal proceeding shall lie against any person Protection of for anything which is in good faith done or intended to be done in pursuance of the action taken in good faith. provisions of this Regulation or any rules made thereunder. 54. No court shall take cognisance of an offence under this Regulation, Cognisance of except on the complaint of, or upon information received from, the Director, Chief offences. Fire Officer or the officer authorised by him in this behalf. 55. No court inferior to that of a Judicial Magistrate of the first class shall try Jurisdiction. an offence punishable under this Regulation. CHAPTER XII APPEALS 56. (1) Any person aggrieved by any notice or order of the nominated Appeals. authority issued or made under this Regulation may prefer an appeal to the Appellate Authority within a period of thirty days from the date of the order appealed against: Provided that the Appellate Authority may entertain an appeal after the expiry of the said period of thirty days, if it is satisfied that there was sufficient ground for not filing such appeal within the said period. (2) An appeal under sub-section (1) shall be made in such form and manner and shall be accompanied by a copy of the notice or order appealed against and on payment of such fees as may be prescribed. (3) Any person aggrieved by an order of the Appellate Authority may prefer an appeal before the second Appellate Authority, within a period of thirty days from the date of the order, and the decision of the second Appellate Authority thereon shall be final and binding on the parties.18 THE GAZETTE OF IN1D8I A EXTRAORDINARY [Part II— CHAPTER XIII MISCELLANEOUS Firefighting 57. The Director may, in the public interest, with the prior approval of the arrangements Government, enter into an agreement with any fire and emergency service or the with other fire authority which maintains the said fire and emergency service, beyond the limits and emergency service. of any area in which this Regulation is in force for providing personnel or equipment or both, for firefighting purposes, on reciprocal basis, on such terms and conditions as may be specified under the said agreement. Declaration of 58. Without prejudice to the provisions of any other law for the time being in fire and force, the Government may, by notification, declare the fire and emergency emergency service as a technical service. service as technical service. Deployment in 59. The Director or any Fire Officer authorised by the Government in this other area. behalf may, in the event of a fire or other emergency in any neighbouring area in which this Regulation does not extend, order the deployment of the employees of the fire and emergency service with necessary appliances and equipment to carry out firefighting operations in such neighbouring area and thereupon all the provisions of this Regulation and the rules made thereunder shall apply to such areas, during the period of fire emergency or during such period as the Director or Chief Fire Officer may specify, on such charges as may be prescribed. Deployment on 60. The Government or any officer authorised by it in this behalf, may, other duties. deploy the fire and emergency service in any rescue, salvage or other operation for which it is suitable by reason of its training, appliances and equipment. Power to obtain 61. The Director or an employee of the fire and emergency service, information. authorised by general or special order in this behalf may, for the purpose of discharging his duties under this Regulation, may by order require the owner or occupier of any building or other property, to supply such information with respect to the features of such building or other property as may be specified therein, the available water supplies and means of access thereto and any other material particulars, and such owner or occupier shall furnish all the information in his possession to the Director, Chief Fire Officer or such employee. Power to 62. (1) Where, it appears to the Director either suo motu or on receipt of a disconnect report from the nominated authority referred to in sub-section (5) of section 31, electricity and that the condition of any building is dangerous to life or property, he shall, without water supply or seal building. prejudice to any action taken under this Regulation, by order, require the person in possession or occupation of such building to remove themselves from such building or premises immediately. (2) If an order made by the Director under sub-section (1) is not complied with, the Director may direct,— (a) the authority concerned to disconnect the supply of electricity or water, as the case may be, in the building referred to in sub-section (1); (b) any police officer having jurisdiction in such an area shall remove such persons from the building, and such officer shall comply with such directions. (3) After the removal of the persons referred to in sub-section (1) or sub-section (2), as the case may be, the nominated authority shall declare the building unfit from fire safety point of view and shall report immediately to the concerned Sub-Divisional Magistrate, who shall seal the building or the premises immediately, with the aid of police assistance, if necessary.Sec. 1] THE GAZETTE OF IN1D9I A EXTRAORDINARY 19 (4) No person shall remove such seal except under an order made by the Sub-Divisional Magistrate. 63. Any person who removes the seal, referred to in sub-section (3) of Penalty for section 62, except under an order made by the Sub-Divisional Magistrate, shall be removal of seal. punishable with imprisonment for a term which may extend to three months, or with a fine which may extend to twenty-five thousand rupees, or with both. 64. In firefighting operations or any other duties related to seizure, detention Police officers or removal of any goods involving risk of fire, disconnection of electricity, water and employees are to assist and supply or sealing of a building, it shall be the duty of a police officer or employees aid. of the police force to assist and aid the nominated authority in the performance of such duties under this Regulation. 65. (1) Without prejudice to the provisions contained in any other law for the Existing fire and time being in force, on and from the date of the commencement of this Regulation, emergency service to be the existing fire and emergency service of the Union territory shall be deemed to deemed to be be the fire and emergency service constituted under this Regulation; and every fire and person holding the office of either Fire Officer or an employee of such service in emergency service the Union territory, on and before the promulgation of this Regulation, shall be constituted deemed to have been appointed and holding office under this Regulation. under Regulation. (2) All proceedings pending before any Fire Officer of the existing Union territory fire and emergency service, immediately before the commencement of this Regulation shall be deemed to be proceedings pending before him under this Regulation. 66. In the event of death of a member of the fire and emergency service other Final expenses than a Gazetted Officer, while on duty, the Government shall immediately pay to to next of kin in case of death of the next of kin of the said member as funeral expenses, such amount as may be member of fire prescribed as the Government may, by an order, determine. and emergency service. 67. Every officer and employee of the Fire and Emergency Service, acting Officers and under this Regulation, shall be deemed to be a public servant within the meaning employees to be public servant. 45 of 2023. of clause (28) of section 2 of the Bharatiya Nyaya Sanhita, 2023. 68. The Government may call for any returns, reports and records relating to Power of fire prevention and fire safety, the maintenance of order and the performance of Government to call for returns, duties by the Director, nominated authority, Fire Officer, employees or reports, subordinate operational staff, and the same shall be furnished immediately. statements, etc. 69. (1) The Government may, by notification and subject to the condition of Power to make previous publication, make rules not inconsistent with the provisions of this rules. Regulation for carrying out the purposes of this Regulation. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:–– (a) other measures under clause (m) of section 2; (b) the manner of function of existing workshop, control room and other field formations under sub-section (2) of section 5; (c) the number of employees, method of their appointment, level of post, qualifications, pay, allowances, terms and conditions of service and the other matters connected therewith under sub-section (1) of section 6; (d) the uniform and badges of employees under sub-section (2) of section 6; (e) the qualifications and experience and powers, duties and other functions of Director or Chief Fire Officer of fire and emergency service under sub-section (1) of section 7;20 THE GAZETTE OF IN2D0I A EXTRAORDINARY [Part II— (f) other powers, duties and functions of Director or Chief Fire Officer under clause (j) of sub-section (2) of section 8; (g) the strength of the fire and emergency service under sub-section (1) of section 10; (h) the method of recruitment, qualifications and other terms and conditions of service of the Fire Officer under sub-section (2) of section 10; (i) the auxiliary service, the area and the terms and conditions under sub-section (1) of section 13; (j) the form of certificate under sub-section (2) of section 13; (k) the qualifications and experience and time limit for appointment of the Fire Safety Officer under clause (a) of sub-section (1) and the form of enrolment certificate under sub-section (2), of section 15; (l) the manner of deployment of the fire and emergency service resources, equipment and fire personnel at stand-by duties during any fire response or any other emergency under section 17; (m) the compensation payable and the manner thereof under clause (c), the manner of extinguishing or limiting the spread of fire and carrying out rescue operations under clause (d) and the terms of an agreement under clause (g), of section 19; (n) the rates payable for drawing water under section 20; (o) the terms and conditions under section 22; (p) the fire prevention and life safety measures and the manner of displaying the declaration under sub-section (2) and the manner of removing the pandal under sub-section (3), of section 26; (q) the form of notice under sub-section (6) of section 28; (r) the fire prevention and life safety measures under sub-section (1), the form and the fee under sub-section (2), form and manner of obtaining a provisional fire safety certificate under sub-section (3), the form and manner of self-declaration or certification under sub-section (4), form of certificate to be issued by qualified agency under sub-section (5), the form of declaration under sub-section (6) and the manner of selecting the qualified agency and functions thereof under sub-section (8), of section 29; (s) the procedure under sub-section (1) of section 30; (t) the charges payable under clause (b) and the procedure and fee payable for course of instruction on prevention and extinguishment of fire under clause (c), of section 33; (u) the matters in respect of which the fire and emergency service shall render assistance and consultation to the communities and the manner thereof under section 34; (v) the rate of fire tax to be levied under sub-section (2) of section 35; (w) the fee payable by the State Government or the local body or the fire and emergency service authority under sub-section (1) and the fee payable under sub-section (4), of section 37;Sec. 1] THE GAZETTE OF IN2D1I A EXTRAORDINARY 21 (x) the conditions and the manner of utilisation of fund under sub-section (3) of section 39; (y) the time period for appointment of Fire Safety Officer under sub-section (1) of section 43; (z) the form and manner and fees payable under sub-section (2) of section 56; (za) the charges payable under section 59; (zb) amount payable under section 66. 70. (1) The Government may, by notification, direct that any power Power of Government to exercisable by it under this Regulation shall, subject to such conditions, if any, be delegate. exercisable by any officer not below the rank of Secretary to the Government. (2) The Director or Chief Fire Officer may, by order, direct that any power conferred or any duty imposed on him by or under this Regulation shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercised and, performed by any officer of the fire and emergency service specified in the said order. 71. If immediately before the day on which this Regulation comes into force Repeal and in the Union territory, there is in force in the Union territory any law or rule saving. having the force of law which corresponds to this regulation, such corresponding law, in so far as it relates to any matter for which provision has been made in this Regulation shall on that day stand repealed: Provided that such repeal shall not be deemed to limit, modify or derogate from the general responsibility of any local authority— (i) to provide and maintain such water supply and fire hydrants for firefighting purposes as may be directed by the Government from time to time; (ii) to make bye-laws for the regulation of dangerous trades; (iii) to order any of its employees to render aid in fighting a fire when reasonably called upon to do so by any member of the fire service; and (iv) generally, to take such measures as will reduce the likelihood of fire or prevent the spread of fire. 72. (1) If any difficulty arises in giving effect to the provisions of this Power to remove Regulation, the Government may, by order published in the Official Gazette, make difficulties. such provisions not inconsistent with the provisions of this Regulation as may appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of two years from the date of commencement of this Regulation. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. 73. Every rule made and every order issued under this Regulation shall be Laying of rules and orders, etc. laid, as soon as may be after it is made, before each House of Parliament. 74. (1) The provisions of this Regulation and the rules made thereunder shall Act to have an overriding effect have effect notwithstanding anything inconsistent therewith contained in any other on other laws. law for the time being in force or in any instrument having effect by virtue of any other law.22 22 THE GAZETTE OF IN2D2I A EXTRAORDINARY [Part II— (2) Notwithstanding anything contained in any other law for the time being (2) Notwithstanding anything contained in any other law for the time being in force, when anything in relation to the fire prevention and life safety measures in force, when anything in relation to the fire prevention and life safety measures is required to be done or approved under this Regulation, any such thing shall not is required to be done or approved under this Regulation, any such thing shall not be deemed to have been unlawfully done or approved by reason only of the fact be deemed to have been unlawfully done or approved by reason only of the fact that the permission, approval or sanction required under such other law has not that the permission, approval or sanction required under such other law has not been obtained. been obtained. (3) Subject to the provisions of sub-section (1), the provisions of this (3) Subject to the provisions of sub-section (1), the provisions of this Regulation shall be in addition to, and not, save as expressly provided Regulation shall be in addition to, and not, save as expressly provided hereinabove, be in derogation of the provisions of any relevant law for the time hereinabove, be in derogation of the provisions of any relevant law for the time being in force in any area in which this Regulation is in force. being in force in any area in which this Regulation is in force. ———— ———— —— —— President. DROUPADI MURMU, President. President. ———— DR. RAJIV MANI, Secretary to the Govt. of India. UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002 AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054. MGIPMRND—153 GI—15.05.2026