Assam Fire Service Act, 1985
No: 13 Dated: Oct, 01 1985
Amendment:- Assam Fire Service (Amendment) Act, 2012
THE ASSAM FIRE SERVICE ACT, 1985
Assam Act No. XIII of 1985
An Act to provide for the maintenance of a Fire Service Force in the State of Assam
Preamble. - Whereas it is expedient to provide for the maintenance of a Fire Service Force for the licensing of warehouse and for certain other ancillary matters in the State of Assam;
It is hereby enacted in the Thirty-sixth Year of the Republic of India as follows :
Preliminary
1. Short title, extent and commencement. - (1) This Act may be called the Assam Fire Service Act, 1985.
(2) It extends to the whole of Assam.
(3) It shall come into force in such area and on such date as the State Government may, by notification from time to time in the official Gazette, appoint and the State Government may, by like notification, withdraw the operation of the provisions of this Act from any such area.
2. Definitions. - In this Act, unless there is anything repugnant in the subject to context-
(a) "Inspector General of Police" means the Inspector General of Police, Assam who has been appointed as Inspector General of Police, Assam under Section 4 of the Police Act, 1861 (Act 5 of 1861);
(b) "Director" means the Director of Fire Service Force appointed under Section 4;
(c) "Fire fighting property" includes-
(i) lands and buildings directly or indirectly connected with fire fighting;
(ii) fire engines, equipments, tools, implements and things what-soever used for fire fighting;
(iii) motor vehicles and other means of transport used in connection with fire fighting;
(iv) uniform and badges of rank;
(d) "Fire Station" means any post or place declared generally or specially by the State Government to be a Fire Station;
(e) "Force" means the Assam Fire Service Force maintained under this Act;
(f) "Officer-in-charge of a Fire Station" includes the Fire Officer next in rank to the officer-in-charge of fire station or any other officer holding charge of the fire station in absence of the office-in-charge.
(g) "Prescribed" means prescribed by rules made under this Act by the State Government;
(h) "Warehouse" means any building or place used whether temporarily or permanently for storing, keeping or otherwise dealing in any manner of such articles which in the opinion of the State Government are considered as inflammable.
Explanation. - Godowns, factories, workshops, buildings, shops, etc., dealing in any manner with prescribed inflammable articles will be regarded as "Warehouse" for purposes of this Act;
(i) "Place" means either enclosed, or covered or open land having buildings or premises within seventy-five feet on any side of its surroundings;
(j) "Workshop" means any building or place where the processing of any article is carried on for purposes of trade or business, if such processing of such articles which in the opinion of the State Government are considered as inflammable and are prescribed in this respect.
Explanation. - The expression "processing" means making, altering, repairing, treating or otherwise dealing with any article by means of steam, electricity or other mechanical power;
(k) "Licensing Authority" means the Deputy Commissioner or such officer as may be authorised by the State Government;
(l) "Member" means and includes a member of the force who performs operational, supervisory, directional and executive duties in such ranks as may be prescribed by the State Government.
Maintenance of the Fire Service Force
3. Maintenance of Fire Service Force. - There shall be maintained by the State Government a Fire Force to be called the Assam Fire Service Force.
4. Appointment of Director of Fire Service. - The State Government may appoint a person to be Director of Assam Fire Service who shall be an officer of the rank of Deputy Inspector General of Police, Assam.
5. Superintendence and control of the Force. - (1) The superintendence and control of the Force shall vest in the Director under the general control and supervision of the Inspector General of Police, Assam and shall be carried on by him in accordance with the provisions of this Act and of any rules made thereunder.
(2) The State Government may create such posts and appoint such Officers as it may deem fit to assist the Director in the discharge of his duties.
(3) The Director may with the approval of the State Government delegate any of his powers, functions and duties under this Act to such subordinate officer as he may deem fit.
6. Appointment of members of the Force. - (1) The Director or such other officer of the Force as the State Government may authorise in this behalf, shall appoint the members of the Assam Fire Service Force in accordance with the rules made under this Act.
(2) Subject to the provisions of Article 311 of the Constitution of India and the rules prescribed by the State Government, the Director may, at any time dismiss, suspend, or reduce in rank or award any of the punishment to any member of the subordinate ranks whom he shall think responsible for remiss or negligence in the discharge of his duty or considered unfit for the same. The Director may also award any one or more punishment as provided in the Assam Services (Discipline and Appeal) Rules, 1964. The provisions of the said rules shall apply, mutatis mutandis, with regard to procedure of awarding punishment and other disciplinary actions : Provided that the Inspector-General of Police, Assam reserves the right of revision of hearing of appeal in case of natural injustice or fragrant irregularities in the case.
7. Issue of certificates to the members of the Force. - (1) Every person shall, on appointment to the Force, receive a certificate in the prescribed form under the seal of the Director or an officer authorised in this behalf by the State Government, and thereupon person shall have the powers, functions and privileges of a member of the Force under this Act.
(2) The certificate referred to in sub-section (1) shall cease to have effect when the person named therein ceases for any reason to be member for the Force, and on his ceasing to be such member, he shall forthwith surrender the certificate to any officer empowered to receive the same.
(3) During any period of suspension, the powers, functions and privileges vested in any member of the Force shall be in abeyance but such member shall continue to be subject to the same discipline and penalties as he would have been if he had not been suspended.
8. Auxiliary Fire Force. - Whenever it appears to the State Government that it is necessary to augment the Force, it may raise an Auxiliary Force by enrolment of volunteers for such areas and on such terms and conditions as it may fit.
9. Powers of State Government to make orders. - The State Government may, from time to time, make such general or special orders at it thinks fit-
(a) for providing the Force with such appliances and equipment as it deems proper;
(b) for providing adequate supply of water and for securing that it shall be available for use;
(c) for constructing or providing stations or hiring places for accommodating the members of the Force and its fire fighting appliances;
(d) for giving rewards to persons who have given notice of fires and to those who have rendered effective service to the Force on the occasion of fires;
(e) for the training, discipline and good conduct of the members of the Force;
(f) for deciding or determining the cadre or terms and conditions of service of the members of the Force and also members of other staff or creating such additional ranks and framing rules in respect of service conditions and conduct rules as it may deem fit;
(g) for the speedy attendance of members of the Force with necessary appliances and equipments on the occasion of any alarm of fire;
(h) for sending members of the Force with appliances and equipments beyond the limits of any area in which this Act is in force for purposes of fire fighting in the neighbourhood of such limits on such terms and conditions and under such exigencies of situation at it deems proper;
(i) for the employment of members of the Force in any rescue, salvage or other special types of jobs;
(j) for enforcing discipline and imposing punishment on any members of the Force who may violate orders;
(k) for regulating and controlling the powers, duties and functions of the Director and of other members of the Force; and
(l) generally for the maintenance of the Force in due state of efficiency.
10. Power of members of the Force on occasion of fire. - On the occasion of fire in any area in which this Act is in force, any member of the Force who is in-charge of fire fighting operations on the spot may-
(a) remove, detain or order any other member of the Force to remove or detain 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 a fire is burning;
(c) for the purpose of extinguishing fire, break into or through or pull down, any premises for the passage of those engaged in fire fighting or appliances or cause them to be broken into or through or pulled down doing as little damage as possible;
(d) require the authority in chare of water supply in the area to regulate the water-mains so as 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; provided that in cases of any damage done to any source of water, steam cistern, well or tank belonging to a member of the public or association or body corporate while utilising water in accordance with the provisions of this section under this Act the State Government may entertain at its discretion, claims compensation preferred, by any affected person or party or body corporate as the case may be on merit of each case;
(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 be entitled to the same immunities and protection as such an officer, in respect of the exercise of such powers;
(f) generally take such measures as may appear to him to be necessary for extinguishing the fire or for the protection of life or property and for which no member of the Force working under his order or instructions will be civilly or criminally prosecuted in the court of law.
11. Power of Director to make arrangements for supply of water. - The Director may, with the previous sanction of the State Government, enter into agreement with the authority in charge of water supply in any area for securing adequate supply of water in case of fire on such terms as to payment or otherwise as may be specified in the agreement.
12. Power of Director to enter into arrangement for assistance. - The Director may, with the previous sanction of the State Government, enter into agreement with any person who employs and maintains personnel or equipment or both for fire fighting purposes, to secure, on such term as to pay or otherwise as may be provided, by or under arrangements, the provision for the purpose of dealing with fire occurring in any area in which this Act is in force.