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Regulations & Acts |
AP Fire
Service Act
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ANDHRA PRADESH ACTS, ORDINANANCES
AND REGULATIONS Etc.. |
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The following Act of the Andhra Pradesh Legislative
Assembly which was reserved by the Governor on the 20th
may, 1998 for the consideration and assent of the President,
on this 1st June, 1999 and the said assent is hereby first
published on the 11th June, 1999 in the Andhra Pradesh
Gazette for general information:- |
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ACT NO. 15 OF 1999. |
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AN ACT TO PROVIDE FOR THE ESTABLISHMENT AND MAINTENANACE
OF FIRE SERVICE FOR THE STATE OF ANDHRA PRADESH AND FOR
MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO |
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Be it enacted by the Legislative Assembly of the State
of Andhra Pradesh in the Fiftieth Year of the Republic
of India as follows: |
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CHAPTER-I |
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PRELIMINARY |
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| Short title, extent and commencement |
| 1.
|
(I) |
.This Act may be called the
Andhra Pradesh Fire Service Act,1999. |
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(II) |
It extends to the whole of the State of
Andhra Pradesh. |
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(III) |
It shall come into force on such date as
the Government, may, By notification in the
Andhra Pradesh Gazette, appoint |
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| Definitions |
| 2. |
|
In this Act, unless the context
otherwise requires,- |
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a) |
"Building” includes a high-rise
building, house, outhouse, stable, godown,
shed, hut, mud, metal or of any other material
whatsoever. |
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b) |
“Building bye laws” means the
building bye-laws, rules of regulations under
any relevant municipal law and includes the
development control rules or any other building
rules or regulations made under any other
law for the time being in force and are in
operation. |
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c) |
“Director-General: means the Director-General
of Fire Service appointed under section 4 |
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d) |
“Fire fighting property” includes,- |
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|
| (i) |
Lands and buildings used
as fire stations and static water tanks. |
| (ii) |
Fire engines, equipments, tools, implements
and whatsoever used for fire fighting. |
| (iii) |
Motor vehicles and other means of
transport use in connections with fire
fighting and |
| (iv) |
Uniforms and badges of rank |
|
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e) |
“fire station” means any place
declared generally or specially, by the government
to be a fire station. |
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(f) |
“form” means a form appended
to this Act. |
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g) |
“Government” means the State
Government. |
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h) |
“high-rise-building” means a
building the height of which is 15 meters
or more from the surface level of the land
contiguous to such building. |
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i) |
“member of service” means any
person appointed under section 6. |
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j) |
“National Building Code Of India 1983”
means the book containing Fire Prevention
and Safety measures to be implemented in the
building, places, premises, workshops, warehouses
and industries published by the Indian Standards
Institution.
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|
“notification” means a notification
published in the Andhra Pradesh Gazette and
the word “notified” shall be construed
accordingly. |
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l) |
“Occupier” includes,- |
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|
| 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 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 license in occupation of any land
or building; and |
| v) |
any person who is liable to pay to
the owner damages for the user and occupation
of any land or building |
|
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m) |
“Officer-in-charge of Fire Station”
includes when the officer-in-charge of the
fire station is absent from the station or
unable from illness or other cause, to perform
his duties, the fire officer next in rank
to such officer and present at the station. |
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n) |
“Owner” includes a person who
for the time being is receiving or is entitled
to receive the rent of any land or building
whether on his own account or as an agent,
trustee, guardian or receiver or any other
person who should receive the rent or be entitled
to receive it if the land or building or part
thereof were let out to tenant. |
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o) |
“Prescribed” means prescribed
by rules mad by the Government under this
Act. |
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p) |
“Services” means the Andhra
Pradesh Fire Service established and maintained
under this Act. |
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q) |
“State” means the State of Andhra
Pradesh |
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| Maintenance of Fire Service |
| 3. |
|
There shall be established
and maintained, by the Government, service
to be called the Andhra Pradesh Fire Service |
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| Appointment of Director General of Fire Service |
| 4. |
|
The Government may appoint
a person to be the Director General Of Fire
Services and such other officers and staff
as may be necessary from time to time to assist
the Director-General in the discharge of his
functions. |
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| Superintendence and control of service |
| 5. |
|
The superintendence and control
of the service shall vest with the Director-General
and shall be carried on by his in accordance
with the provisions of this Act and the rules
made there under |
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| Appointment of members of Service |
| 6. |
|
The Director-General or such
other officer of the service as the Government
may authorize in this behalf may appoint members
of the service in accordance with the rules
mad under this Act |
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| Issue of certificate to members of service |
| 7.
|
(1) |
Every person shall, on appointment
to the service receive a certificate in the
prescribed form under the seal of the Director-General
or an officer authorized in this behalf by
the Government; and thereupon such person
shall have the powers, functions and privileges
as are entrusted under this Act, or the rules
made there under. |
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(2) |
The certificate referred to in sub-section
(1) .shall cease to have effect when the person
named therein ceases for any reasons to be
a member of the services, and on his ceasing
to be such member, he shall forthwith surrender
the certificate to an officer empowered to
receive the same. |
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(3) |
The powers, functions and privileges vested
with any member of the service shall, during
the period of his suspension from service
be in abeyance but such member shall continue
to be subject to the same discipline and penalties
as if he had not been suspended. |
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| Auxiliary Fire Services |
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(1) |
Whenever it appears to the
Government that it is necessary to augment
the service, they may raise an auxiliary service
by enrolment of volunteers for such areas
and on such terms and conditions as they may
deem fit. |
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(2) |
Every member of the auxiliary service enrolled
under sub-section (1) shall
a) receive a certificate in the prescribed
form;
b) be vested with all or any of the powers,
functions and privileges of a member of the
service as are specially mentioned in certificate;
and
c) be subject to the orders of the Director-General |
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CHAPTER-II |
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POWERS OF THE GOVERNMENT,
DIRECTOR-GENERAL AND MEMBERS OF THE SERVICE |
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| Power of the Government to make orders |
| 9.
|
|
The Government may, from time
to time, make such general or special orders
as they may think fit,- |
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a) |
For providing the service with such appliances
and equipment as they deem proper. |
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b) |
For providing adequate supply of water and
for ensuring that it shall be available for
use. |
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c) |
For construction or providing places for
fire stations or accommodating the members
of the service or fire fighting appliances. |
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d) |
For giving rewards to persons who have given
information regarding the occurrence of fires
and to those who have effectively assisted
the service on occasions of fires. |
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e) |
For the training, discipline and good conduct
of the members of the services. |
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f) |
F or the speedy attendance of members of
the service with necessary appliances and
equipment on the occasion of any alarm of
fire. |
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g) |
For sending members of the services with
appliances and equipment beyond the limits
of any area in which this Act is in force
for purposes of fire fighting in the neighborhood
of such limits. |
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h) |
For the employment of the members of the
service in any rescue, salvage, or other similar
work |
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i) |
For regulating and controlling the powers,
duties and functions of the Director-General,
and |
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j) |
Generally for the maintenance of the service
in a due state of efficiency |
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| Powers of members of services on occasions of
fire |
| 10.
|
1) |
On the occasion of fire in
any area, the member of the service who
is in charge of fire fighting operations
on the spot may,- |
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|
| a) |
Remove, or order any
other member of the service to remove,
any person who by his presence, interferes
with or impedes the operations for extinguishing
the fire or for saving life or property |
| b) |
Close any street or passage in or
near which fire is burning |
| c) |
break into or through, or pull down,
any premises, for the passage of hose
or appliances or cause them to be broken
into or through, or pulled down, doing
as little damage as possible for the
purpose of extinguishing fire. |
| d) |
Require the authority in charge of
water supply in the area to regulate
the water mains so as to proved water
at a specified pressure at the place
where the fire has broken out and utilize
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 speed
of such fire. |
| e) |
exercise the same powers for dispersing
an assembly of persons likely to obstruct
the fire-fighting 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 illuminists and protection
as such officer, in respect of the exercise
of such powers |
| f) |
(1) generally take such measures as
may appear necessary for the protection
of life or property. |
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(2) Any damage done to any premises
or property, on the occasion of fire,
by members of service in the due discharge
of their duties shell be deemed to damage
by fire within the meaning of any policy
of insurance agents fire. |
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| Power
of the officer- in-charge of fire fighting to make
arrangements for supply of water. |
| 11 |
|
It shell be lawful for the power
officer-in-charge of the fire fighting operations
to draw water from any source in the area
which he considers necessary for such operations
and no such occasions as may be required and
the authority or owner of the occupier having
control over such water resources shell supply
water for that purpose at such rates as may
be prescribed |
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| Power
of director general may enter into arrangements
for assistance |
| 12 |
|
The
director general may enter into arrangements
with any person who employees and maintains
personnel and equipment or both for fire-fighting
purposes, to secure, on such terms as may
be prescribed, the provision by that person
of assistance for the purpose of dealing with
fires occurring in any area in which this
act is in force. |
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| Issue
of a no objection certificate |
| 13 |
(1) |
Any Person Proposing to construct a building of more than 15 meters height for commercial / business purpose, 18 meters and above height for residential purpose, and buildings of public congregation like schools, cinema halls, function halls, religious place, which are more than 500 sq. Meeter in plot area or 6 meters and above in hight shall apply to the Director General or any member of the service duly authorised by him in this behalf, before submission of such building plans to the authority or officer competent to approve the same under the relevant law, for the time being force, for a no objection certificate along with such fee as may be prescribed. . |
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(2) |
The director general
or any member of the service duly authorized
by him in this behalf, shell with in 60 days
of receipt of such application, on being satisfied about the provision of fire prevention and safety measures as stipulated in the [National building code of India, as amended from time to tome] or any other law for the time being in force regulating such purpose or activity, shall issue a no objection certificate with such condition may be considered necessary and if not satisfied, reject the same for reasons to be recorded in writing.
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(3) |
The authority
or officer competent to approve the building
plans before construction under the reverent
law for the time being in force, shell not
accord such approval except on production
of no objection certificate issued under
sub-section (2) whenever required. |
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(4) |
Any persons violating the conditions of no objection certificate shall be liable to be proceeded against under the provision of this act. |
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CHAPTER-III |
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PREVENTIVE MEASURES |
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| Preventive
measures |
| 14 |
(1) |
The government or any other
officer authorized by the government in this
behalf may, by notification require the owners
or occupiers of the premises used for purpose
which in their opinion, are likely to cause
risk of fire, to take such precautions as
may be specified in such notification |
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(2) |
Where a notification has been issued under
sub-section (1), it shall be lawful for the
director general or any other officer of the
services authorized by the government in this
behalf to direct in writing the removal of
object or goods likely to cause a risk of
fire, to a place of safety; and on failure
of the owner or the occupier to do so, the
director general or such other officer may,
after giving the owner or the occupier a reasonable
opportunity of making a representation, seize,
detain or remove such objects or goods or
order the closure of the premises. |
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| Purposes for which places
may not be used without license |
| 15 |
|
Notwithstanding anything contained
in any other law for the time being in force,
the government may by notification declare
that no place with in the area, as may be
specified shell be used for any one or more
of the purpose which in there option constitutes
a fire risk except in accordance with the
terms and conditions of a license to be issued
by the officer of the service duly authorized
in this behalf by the government(hereinafter
referred to as the authorized officer) subject
to the payment of such fee as may be prescribed. |
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| Application for the
grant of license |
| 16 |
|
. the owner of the occupier
of any place using for one or more of the
purposes mention in the notification issued
under section 15, shall, within thirty days
from the date of the notification make an
application together with the prescribed fee,
to the authorized officer having jurisdiction
over the area, in which such place is situated
for a license for the use of such place for
such purpose. |
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| 17 |
1) |
The authorized officer, after
due verification, shell with in a period of
60 days from the date of application under
section16, grant the license with such condition
as he may think fit and necessary, or for
reasons to be recorded in writing, reject
the application for the license being in conformity
with the provisions of this act. |
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2) |
Against every order of the authorized officer
refusing to grant a license, an appeal shell
lie to the DG within 30 days from the date
of the receipt of the order |
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| Duration of license. |
| 18 |
|
Every license granted under
section 17 shall be valid for a period of
three years, or for such lesser period of
three years as specified in the license and
may be specified in the renewed license and
may be cancelled for reasons to be recorded
in writing. |
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| Owner or occupier liability
to provide fire prevention and fire safety measures |
| 19 |
1) |
The owner or occupier or both,
of a building or part thereof shall provide
fire safety measures in it and maintain them
in good repair and efficient condition at
all times, in accordance with building by-laws:
provided the owner or occupier of the building
or part thereof the construction of which
this completed on or before the date on which
this act come in to force or which was construction
of such date shell undertake and carry out
such additional fire prevention and fire safety
measures required under building bye-laws
in force, as are specified in the notice served
on him under section 21. |
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2) |
No person shell tamper with,
remove or cause any injury or damage to any
fire prevention or fire safety equipment installed
in any building or part thereof or instigate
any other person to do so |
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| Right of inspection |
| 20 |
|
The authorized officer or any
other member of the service empowered by him
in this behalf may enter any place, which,
in his opinion, for reasons to be recorded,
constitutes a fire risk, and after service
or affixture of a notice in this behalf in
the manner prescribed, make an inspection
of such place between sun-rise and sun-set
in the discharge of his duties under this
act. Provided that such inspection may be
made at any time if an industry is working
or an entertainment is going on at such place
or if the officer or member of the service
considers it absolutely necessary, for reasons
to be recorded in writing, to make immediate
inspection of such place. |
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| Notice regarding fire
prevention and safety measures |
| 21 |
|
The authorized officer or any
other member of the service empowered by him
in this behalf may, after completion of the
inspection of the building or premises or
part thereof, record his views on the deviation
from or the contraventions of the building
bye-laws with regard to fire prevention and
safety measures or the inadequacy or noncompliance
of such measures provided or to be provided
therein with reference to the height of the
building or premises or the nature of the
activates carried on in such building or premises
or part thereof and issue a notice to the
owner or occupier of such building or premises
or part thereof directing him to undertake
such measures within such time as may be specified
in the notice. |
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| Steps to be taken in
the event of noncompliance of notice |
| 22 |
|
The authorized officer or any
other member of the service empowered by him
in this behalf may, in the event of noncompliance
of any notice issued under section 21, take
such steps as may be necessary for the compliance
of such notice. |
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CHAPTER-IV |
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EXPENDITURE OF MAINTENANCE
OF SERVICE |
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| Expenditure on service. |
| 23 |
(1)
|
The Expenditure in connection
with the service shell be met out of the consolidated
fund of the state. |
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(2) |
Notwithstanding anything in any other law
for the time being in force, the government
may recover from any person or industry in
any area such contribution towards the cost
of the portion of the services maintained
in that area as the government may form time
to time direct. |
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| Fees |
| 24 |
|
Where members of the services
are sent beyond the limits of the state of
Andhra Pradesh in order to extinguish a fire
in the neighborhood of such limits, the owner
of the occupier or premises where the fire
has occurred or spread shell be liable to
pay such fee as maybe prescribed |
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| Imposition and collection of fees |
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Where members of the services
are sent beyond the limits of the state of
Andhra Pradesh in order to extinguish a fire
in the neighborhood of such limits, the owner
of the occupier or premises where the fire
has occurred or spread shell be liable to
pay such fee as maybe prescribed. |
| 25 |
1) |
with effect from such date as
the state government may be notification in
the official gazette appoint in this behalf,
there shall be leave a fee for the purposes
of this act on all owners of the high raise
building within the jurisdiction of the director
general or the nominated authority to which
this Act applies. |
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2) |
The rate of such fee shell not be less than
5 rupees but not more than 10 rupees per square
meter of the built up area of every high raise
building as shown in the approved building
plan of such building, as the director general
may impose and the manner of imposition, assessment
and collections thereof shall be prescribed. |
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3) |
The fee as herein before provided shell
be payable by owners of the high raise building
along with the application submitted to the
director general the building plans under
building bye-laws. Provided that, in case
of every high raise building the construction
of which has been completed or commenced with
in a period of five years before the coming
into force of this act, such fee shell be
payable with in one month form the receipt
of demand of notice , in respect there of
owner, by the occupier for the time being
of the premises in respect of which fee is
due: Provided further that, where the owner
or occupier fails to pay such fee with in
a period as aforesaid, the same shall be recoverable
as if it were arrear of land revenue |
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CHAPTER-V |
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PENALTIES |
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| Penalty for violation of duty etc.
|
| 26 |
Any member of the service who,-
(a) Is found guilty of any violation of duty
or willful breech of any provision of this
act or any rule or order made there under;
or
(b) Is found guilty of cowardice; or
(c) Withdraws from duty of his office without
permission; or
(d) Being absent 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
in contravention of the provision of section
37; or
(f) intentionally or knowingly causes or attempts
to cause disaffection towards the Government
amongst the members of the service, or induces
or attempts to induce any member of the service
to withhold his services or commit a breach
of discipline; shall be punishable with imprisonment
for a term which may extend to three months
pay of such member, or with both. |
|
| Penalty for failure to take precautions. |
| 27 |
Whoever fails without reasonable
cause to comply with any of the requirements
specified in a notification issued under sub-section
(1) of section 14 or of direction issued under
sub-section (2) of that section shall be punishable
with fine which may extend to five hundred
rupees |
|
| Penalty for willfully
obstructing fire-fighting operations |
| 28 |
Any person who willfully and
without any reasonable cause obstructs or
interferes with ant member of the service
who is engaged in fire-fighting operations
shall be punishable withimprisonment for a
term which may extend to five hundred rupees
or with both. |
|
| Penalty for false
report. |
| 29 |
Any person who knowingly gives
or causes to be given a false report of the
outbreak of a fire to any person authorized
to receive such report by means of a statement,
message or otherwise ,shall be punishable
with imprisonment for a term which may extend
to three months or with fine which may extend
to five hundred rupees or with both. |
|
| Penalty for failure
to take out license |
| 30 |
1) |
Whoever is being bound to take
out a license under the provisions of this
Act fails to obtain a license or fails to
comply with any of the conditions specified
in the license shall be served a show-cause
notice requiring him to obtain a license or
comply with any of the conditions specified
in the license, as the case may be, within
such period as may be prescribed. |
| |
2) |
If he does not comply with the show-cause
notice, shall be punished with imprisonment
for a term which may extend to three months
or with fine which may extend to five hundred
rupees or with both. |
|
| Penalties |
| 31 |
|
Whoever willfully contravenes
any provisions of this Act or the rules made
there under or fails to comply with any requisition
lawfully made upon him under any provisions
of this Act shall , without prejudice to any
other action taken against him under section
22 be punishable with imprisonment for a term
which may extend to three months or with fine
which may extend to twenty five 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 during
which such offence continues after the conviction
for the first such offence: Provided that,
in the absence of special and adequate reasons
to The contrary to be mentioned in the judgment
of the Court, such punishment shall not be
less than one month and such fine shall not
be less than one hundred rupees per day for
a continuing offence. |
|
| Offences
by companies |
| 32 |
1) |
Where an offence under this
Act has been committed by a Company, every
person who, at the time the offence was committed,
was in charge of, and was responsible to,
the company of 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 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. |
| |
2) |
Not withstanding anything contained in sub-section(1),where
any offence under this Act has been committed
by a company and it is proved that the consent
or connivance of, or is attributable to any
neglect 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 purpose of this section,-- |
| |
|
(a) “company”
means anybody corporate and includes a firm
or other association of individuals and |
| |
|
(b) “Director”
in relation to a firm, means a partner in
the firm |
|
| Compounding
or withdrawal of proceedings. |
| 33 |
1) |
The Director-General or any
person authorized in this behalf by him by
general or special order may either before
or after the institution of the proceedings,
and for reasons to be recorded in writing,
compound any offence made punishable be or
under this act or the rules made there under
or withdraw from the proceedings. |
| |
2) |
When an offence has been compounded, the
offender ,if in custody, shall be discharged,
and no further proceedings shall be taken
against him in respect of the offence compounded. |
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CHAPTER-VI |
| |
GENERAL AND MISCELLANEOUS |
| |
| Training centres |
| 34 |
|
The Government may establish
and maintain one or more training center in
the state for providing courses of instruction
in the prevention and extinguishment of fire
and may close down or re-establishment any
such center |
|
| Levy of training fee |
| 35 |
|
The
Government may prescribe such fee and such
procedure as it may deem fit for providing
a course of instruction in the prevention
and extinguishment of fire. |
|
| Levy of fire tax. |
| 36 |
|
(1)
There may be levied a fire tax on
lands and buildings which are situated in
any area in which this Act is in force and
on which property tax by whatever name called
is levied by any local authority in the area
(2) The fire tax
shall be levied by notification in the official
Gazette at such rate as may be specified but
not exceeding five percent of the total amount
of the property tax in the form of a surcharge. |
|
| Bar of other employment |
| 37 |
|
(1) No member
of the service shall engage himself in any
Employment or other office other than his
duties under this employment, Act unless expressly
permitted to do so by the Director-General.
(2) Every member of
the service shall be considered to be always
On duty and is bound at any time to attend
at any place and to any duty relevant to the
service within or outside the state. |
|
| Transfer to other areas. |
| 38 |
|
The Director – General
or any officer authorized by the Government
in this behalf may on occasions of fire or
other areas emergency in any neighboring area
in which this Act is not in force, order the
dispatch of members of the service with necessary
appliances and equipment to carry out fire-fighting
operations in such area and thereupon, all
the rules made there under shall apply to
such area, during the period of fire or during
such period as the Director – General
may specify. |
|
| Employment on other duties |
| 39 |
|
It shall be lawful for the
Govern – Employment or any officer Authorized
by them on other in this behalf to employ
the service in duties any rescue, salvage
or other work for which it is suitable by
reason of its training, appliances and equipment |
|
| Power to obtain information |
| 40 |
|
Any officer of the service
not power to below the rank of an officer-in-charge
obtain of a fire station may, for the purpose
information of discharging his duties under
the Act, require the owner or occupier of
any building or other property to supply information
in his possession, with respect to the character
of such building or other property, the available
water supplies and the means of access thereto
and other material particulars. |
|
| Consumption of water |
| 41 |
|
. No charge shall be made by
any local authority for water consumed in
fire-fighting operations or exercises by the
services or for installation and maintenance
of hydrants, static water tanks or any other
arrangement of water supply for fire-fighting
purposes within the jurisdiction of the said
authority. |
|
| No Consumption for
interruption of water supply |
| 42 |
|
. 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 to supply of water occasioned
only be compliance of such authority with
the requirements specified in section 10 |
|
| Police
officers to aid. |
| 43 |
|
. It shall be the duty of Police
Officers of all ranks to aid the members of
the service in the execution of their duties
under this Act. |
|
| Cognizance of offences. |
| 44 |
|
Save in the case of cognizable
offences, no court shall takeCognizance of
an offence under this Act or the rules of,
or upon information received from the Director-General
or any other officer nominated by him in this
behalf. |
|
| Protection of action
taken in good faith. |
| 45 |
|
. No suit, prosecution or other
legal proceedings shall lie againstAny authority,
officer or member of the service for anything
which is in good faith done or intended to
be done in pursuance of this Act or any rule
or order may there under. |
|
| |
| 46 |
|
(1) No members
of fire service shall, without the express
sanction of the Government or of the prescribed
authority,
(a) be a member of, or be associated in any
way with, any trade union, labour union, political
association or with any class of trade unions,
labour unions, or political associations or
(b) be a member of, or be a associated in
any way with, any other society, institution,
association or organization that is not recognized
as part of the fire service of which he is
a member or is not of a purely social, recreational
or religious nature; or (c) communicate with
the press or publish or, cause to be published
any letter or other document except where
such communication or publication is in the
bonafide discharge of his duties or is of
a purely literary, or artistic character or
is of a prescribed nature. Explanation: If
any question arises as to whether any society,
institution association or organization is
of a purely social, recreational or religious
nature under clause (b) of this subsection,
the decision of the Government thereon shall
be final.
(2) No member of fire service
shall participate in, or address, any meeting
or take part in any demonstration organized
by anybody of persons for any political purposes
or for such other purposes as may be prescribed.
(3) Any persons who contravenes
the provisions of sub-section (1) or subsection
(2) shall without prejudice to any other action
that may be taken against him, be punishable
with imprisonment for a term which may extend
to two years, or with fine which may extend
to two hundred rupees or with both. |
|
| Power to make rules |
| 47 |
1) |
The Government may, by notification,
make rules for carrying out all or any of
the purposes of this Act. |
| |
2) |
In particular and without prejudice to
the generality of the fire going power, such
rules may provide for, |
| |
a) |
the number and grades of officers of the
service. |
| |
b) |
the manner of appointment of members of
the service |
| |
c) |
the form of the certificate to be issued
to the members of the service |
| |
d) |
the conditions of service of the members
of the service |
| |
e) |
the circumstances in which and the conditions
(including the levy of free) subject which
the members of the service may be dispatched
to carry on fire-fighting operations in the
neigbouring areas |
| |
f) |
the conditions subject to which members
of the service may be employed in rescue,
salvage or other work |
| |
g) |
the manner of service of notice under this |
| |
h) |
the payment of rewards to persons, not being
members of the service, for any substantial
assistance rendered by them for fire-fighting
purposes |
| |
i) |
the compensation payable to members of the
service in case of accidents or to their dependants
in case of death while engaged on duty. |
| |
j) |
(j) Employment of members of the service
or usage of any equipment outside the area
or on special service and the fee payable
therefore; and |
| |
k) |
Any other matter which is required to be
or may be prescribed. |
| |
3) |
Every rule made under this Act shall, immediately
after it is made, be laid before the Legislative
Assembly of the state if it is in session,
and if it is not in session, in the session
immediately following for a total period of
fourteen days which may be comprised in one
session or in two sessions and if before the
expiration of the session in which it is so
laid or the session immediately following
the Legislative Assembly agrees in making
any modification in the rule or in The annulment
of the rule, the rule shall form the date
on which the modification or annulment is
notified have effect only in such modified
form or shall stand annulled, as the case
may be, so however that any such modification
or annulment shall be without prejudice to
the validity of anything previously done under
that rule, |
|
|
| |
|
| |
| G.BHAVANI PRASAD |
| Secretary to Government, |
| Legislative Affairs & Justice, |
| Law Department. |
|
| |
|
| |
Andhra Pradesh Acts,
Ordinances and Regulations Etc. |
| |
The following Act of the Andhra
Pradesh Legislative Assembly received the assent of the
Governor on the 30th September, 2000 and the said assent
is hereby first published on the 3rd October, 2000 in
the Andhra Pradesh Gazette for general information:- |
| |
Act No.32 of 2000 |
| |
An act to amend the Andhra
pradesh fire service act, 1999 |
| |
Be it enacted by
the Legislative Assembly of the state of Andhra Pradesh
in the Fifty-first year of the republic of India, as follows:- |
| |
| Short title, extent and
commencement |
| 1. |
1) |
This Act may be called the Andhra
Pradesh Fire Service (Amendment) Act, 2000 |
| |
2) |
It extends to the whole of the State of
Andhra Pradesh. |
| |
3) |
It shall come into force on such date as
the Government , may, by notification in the
Andhra Pradesh Gazette, appoint |
|
| Amendment of Section 2 |
| |
|
. In the Andhra pradesh Fire
Service Act, 1999 (hereinafter referred to
as the principal Act), in section 2, in clause
(j), for the expression “National Building
Code of India 1983” the expression “National
Building Code of India, 1997” shall
be substituted |
| |
|
|
|
| Amendment of section 13. |
| |
In section 13 of the principal
Act, --(i) for sub-section (1) the following
shall be substituted, namely :-
“(1) Any person proposing to construct
a high-rise building or a building proposed
to be used for any purpose other than residential
purpose or a building proposed to be used
for residential purpose of more than 15 meters
in height such as group housing, multi-storey
flats, walk-up apartments, etc., shall apply
to the Director General or any member of the
service duly authorized by him in building
plans to the authority or officer competent
to approve the same under the relevant law,
for the time being in force, for a no objection
certificate along with such fee as may be
prescribed.”;
(ii) in sub-section (2), for the expression
“the National Building Code of India,
1983”, the expression “the National
Building Code of India, 1997”, shall
be substituted. |
|
|
| |
|
| |
| G.BHAVANI PRASAD, |
| Secretary to Government, |
| Legislative Affairs & Justice, |
| Law Department |
|
| |
|
|
|