Tamil Nadu Fire Service Act, 1985
No: 40 Dated: Aug, 06 1985
Tamil Nadu Fire Service Act, 1985
(Tamil Nadu Act 40 of 1985)
An Act to provide for the establishment and maintenance of Fire Service in the State of Tamil Nadu.
Be it enacted by the Legislature of the State of Tamil Nadu in the Thirty-sixth Year of the Republic of India as follows: -
CHAPTER I
Preliminary
1. Short title, extent and commencement. - (1) This Act may be called the Tamil Nadu Fire Service Act, 1985.
(2) It extends to the whole of the State of Tamil Nadu.
(3) It shall come into force on such date as the Government may, by notification, appoint; and different dates may be appointed for different areas.
2. Definitions. - In this Act, unless the context otherwise requires, -
(a) "director" means the Director of the Fire Service appointed under section 4;
(b) "fire-fighting property" includes -
(i) lands and buildings used as fire stations and static water tanks;
(ii) fire engines, appliances, equipments, tools, implements and things whatsoever used for fire-fighting;
(iii) motor vehicles and Other means of transport used in connection with fire-fighting; and
(iv) uniforms and badges of rank;
(c) "fire service" means the Tamil Nadu Fire Service established and maintained under this Act;
(d) "fire station" means any post or place declared, generally or specially, by the Government to be a fire station;
(e) "Government" means the State Government;
(f) "Officer in charge of a 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 present at the station who is next in rank to such officer:
3. Establishment and maintenance of Fire Service. - There shall be established and maintained by the Government, a Fire Service to be called the Tamil Nadu Fire Service for the areas in which this Act is in force.
4. Appointment of Director of Fire Service. - The Government shall appoint a person to be the Director of the Fire Service.
5. Superintendence and control of Fire Service. - (1) Subject to the control of the Government, the superintendence and control of the Fire Service shall vest in the Director and shall be carried on by him in accordance with the provisions of this Act and of any rules made thereunder.
(2) The Government may appoint such officers as they may deem fit to assist the Director in the discharge of his duties.
6. Appointment of Members of Fire Service. - The Government shall appoint such number of officers and servants as they think fit to be the Members of Fire Service.
7. Issue of certificate to Members of Fire Service. - (1) Every person shall, on appointment as a Member of Fire Service, receive a certificate in the prescribed form under the seal of be Government or Director or an officer authorised in this behalf by the Government, and thereupon, such person shall have the powers, functions and privileges of a Member of Fire Service 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 a Member of Fire Service and on his ceasing to be such Member, he shall forthwith surrender the certificate, uniform and badges of rank to any officer empowered to receive the same.
(3) During any term of suspension, the powers, functions and privileges vested in any Member of Fire Service 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 Service. - (1) Whenever it appears to the Government that it is necessary to augment the Fire Service, they may raise an auxiliary service by enrollment of volunteers for such area arid on such terms and conditions as they may deem fit.
(2) Every such volunteer shall receive a certificate in the prescribed form, have the same powers and protection, be liable to all such duties and penalties and be subordinate to the same authorities as a regular Member of Fire Service.
9. Expenditure of Fire Service. - (1) The entire expenditure in connection with the Fire Service shall be met out of the Consolidated Fund of the State.
(2) Notwithstanding anything contained in any law for the time being in force, the local authority of any area in which this Act is in force shall pay to the Government such contribution towards the cost of the portion of the Fire Service established and maintained in that area as the Government may direct, from time to time.