Maharashtra Fire Prevention and Life Safety Measures Act, 2006
No: 3 Dated: Feb, 05 2007
THE MAHARASHTRA FIRE PREVENTION AND LIFE SAFETY MEASURES ACT, 2006
ACT No. III OF 2007
An Act to make more effective provisions for the fire prevention and life safety measures in various types of buildings in different areas in the State of Maharashtra.
WHEREAS it is expedient to make more effective provisions for the fire prevention and life safety measures in various types of buildings in different areas in the State of Maharashtra, for imposition of fee, constitution of a special fund and for the purposes connected therewith, or incidental thereto;
It is hereby enacted in the Fifty-seventh Year of the Republic of India as follows :—
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement:- (1) This Act may be called the Maharashtra Fire Prevention and Life Safety Measures Act, 2006.
(2) It extends to the whole of the State of Maharashtra.
(3) It shall come into force—
(a) in the areas of the local authorities and the planning authorities, on such date2 as the State Government may, by notification in the Official Gazette, appoint;
(b) in other areas or part of the areas, on such date as the State Government may, by the same or like notification appoint; and different dates may be appointed for different provisions thereof and for different areas or part of the areas; and
(c) any reference in the Act to the commencement of this Act shall, in relation to a provision or an area, be construed as a reference to the coming into force of this Act or any provision thereof in that area.
2. Definitions:- In this Act, unless the context otherwise requires,—
(1) the expression “building” shall have the same meaning assigned to it in the relevant municipal law or any law for the time being in force in the area in which this Act is in force; and includes places or premises comprising land or building, or part of a land or building, whether authorized or otherwise, outhouses, if any, appertaining to such building or part thereof and petrol, diesel or gas lines, installations or pumps.
Explanation.--For the purposes of this Act the definition of “building” herein shall extend and apply only to such building in respect of which fee is assessable and leviable as specified in the Schedule-II;
(2) “building bye-laws” means the building bye-laws, rules or regulations made under any relevant municipal law and includes the development control rules or regulations, by whatever name they are called, or any other building rules or regulations made under any other law for the time being in force and are in operation in the area in which this Act is in force;
(3) “Chief Fire Officer’’ means the Chief Fire Officer or any other fire officer by whatever designation called, in-charge of the fire-brigade maintained by a local authority or a planning authority;
(4) “Director” means the person appointed by the State Government to be the Director, Maharashtra Fire Services, Group-A, under section 18 ;
(5) the expression “fire prevention and life safety measures” means such measures as are necessary in accordance with the building bye-laws or as required by or under the provisions of any law or the National Building Code of India, 2005, for the time being in force, for the prevention, control and fighting of fire and for ensuring the safety of life and property in case of fire;
(6) “Licensed Agency” means a person or an association of persons licensed by the Director or within the area under his jurisdiction, the Chief Fire Officer or the nominated officer, for undertaking or executing fire prevention and life safety measures or performing such other related activities required to be carried out under this Act within the area of the local authority or a planning authority;
(7) “local authority” means a Municipal Corporation or a Municipal Council or a Nagar Panchayat or an Industrial Township constituted under any relevant municipal law for the time being in force in the State;
(8) “National Building Code of India, 2005” means the book containing Fire Prevention and Life Safety Measures to be implemented in the buildings, places, premises, workshops, warehouses and industries, published by the Bureau of Indian Standards, from time to time, with or without amendments;
(9) “nominated officer” means an officer possessing the prescribed qualifications and nominated by the Director or the Chief Fire Officer and includes an officer nominated by a local authority or a planning authority for the purposes of this Act:
Provided that, for the areas not covered by any Municipal Corporation or Municipal Council, the Director shall nominate an officer to be “a nominated officer” and different such officers, may be nominated for different areas;
(10) “Occupier” includes—
(a) 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 for the land or building or any part thereof in respect of which such rent is paid or is payable;
(b) an owner in occupation of or otherwise using land or building or part thereof;
(c) a rent—free tenant of any land or building or part thereof;
(d) a licensee in occupation of any land or building or part thereof;
(e) a member of a co-operative housing society or an apartment owner; and
(f) any person who, or an association, corporation (whether incorporated or not) or an organisation which is liable to pay to the owner damages for the use and occupation of any land or building or part thereof;
(11) “owner” includes a person who for the time being is receiving or is entitled to receive, the rent of any land or building or part thereof whether on his account or on account of himself and others or as an agent, a registered cooperative housing society, trustee, guardian or receiver or any other person who should so receive the rent or be entitled to receive it if the land or building or part thereof were let to a tenant, or a builder, developer or promoter who constructs flats or apartment for sale under the provisions of the Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Act, 1963 or as the case may of be, the Maharashtra Apartment Ownership Act, 1970.
(12) “planning authority” includes,—
(a) the Nagpur Improvement Trust constituted under the Nagpur Improvement Trust Act, 1936;
(b) a Special Planning Authority constituted or appointed or deemed to have been appointed under section 40 or the New Town Development Authority constituted or declared under the provisions of section 113 of the Maharashtra Regional and Town Planning Act, 1966;
(c) in respect of the slum rehabilitation area declared under section 3C of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, the Slum Rehabilitation Authority appointed under section 3A of the said Act;
(13) “prescribed” means prescribed by rules;
(14) “relevant municipal law” means,—
(a) the Mumbai Municipal Corporation Act;
(b) the *Bombay Provincial Municipal Corporations Act, 1949;
(c) the City of Nagpur Corporation Act, 1948;
(d) the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965;
(15) “rules” means rules made under this Act;
(16) “Schedule” means Schedule appended to this Act.