Delhi Fire Service Act 2007
No: 2 Dated: Jan, 17 2009
Delhi Fire Service Act 2007
(Delhi Act 2 of 2009)
An Act to provide for the maintenance of a fire service and to make more effective provisions for the fire prevention and fire safety measures in certain buildings and premises in the National Capital Territory of Delhi and the matter connected therewith.
BE it enacted by the Legislative Assembly of the National Capital Territory of Delhi in the Fifty-eighth Year of the Republic of India as follows:
CHAPTER I
Preliminary
1. Short title, extent and commencement.-(1) This Act may be called the Delhi Fire Service Act, 2007.
(2) It extends to the whole of the National Capital Territory of Delhi.
(3) It shall come into force in any area on such [date] as the Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different areas and for different provisions of this Act.
2. Definitions.-In this Act, unless the context otherwise requires,
(a) "appellate authority" means the Lieutenant Governor or an officer appointed by the Lieutenant Governor;
(b) "building" means any structure whether of masonry bricks, woods, mud, metal or other materials and includes a house, out-house, basement, underground parking stable, latrine, urinal, shed, hut or wall (other than a boundary wall);
(c) "building bye-laws" means the bye-laws made under section 186 of the Cantonments Act, 1924 (2 of 1924) or the bye-laws made under section 349A of the Delhi Municipal Corporation Act, 1957 (66 of 1957) or the bye-laws made under sub-section (2) of section 260 of the New Delhi Municipal Council Act, 1994 (44 of 1994) or the regulations made under sub-section (1) of section 57 of the Delhi Development Act, 1957 (61 of 1957), or the bye-laws made by the Central Government by publication in the Official Gazette, relating to buildings in Delhi;
(d) "Delhi" means the National Capital Territory of Delhi;
(e) "Director" means the Director, Delhi Fire Service appointed by the Government under sub-section (1) of section 8 of this Act;
(f) "erector of pandal" means a person or an association of persons, whether corporate or otherwise, who erects or makes a panda] or any structure for occupation of people on a regular or temporary basis;
(g) "fire division" means a territory of State comprising such number of fire sub-divisions as may be prescribed; and declared generally or specially by the Government to be a fire division for the purpose of this Act;
(h) "fire zone" means territory comprising such number of fire divisions as may be prescribed and declared generally and specially by the Government to be a fire zone for the purpose of this Act;
(i) "fire prevention and fire safety measures" means such measures as are necessary in accordance with the building bye-laws/National Building Code of India for the containment, control and extinguishing of fire and for ensuring the safety of life and property in case of fire and as may be prescribed in the rules made in this behalf;
(j) "fire safety officer" means the person appointed under section 29 of this Act as fire safety officer by the owners and occupiers of certain premises and buildings as specified in this behalf to ensure fire prevention and fire safety measures installed in such premises and buildings;
(k) "fire officer" means any operational member of the Fire Service;
(l) "Fire Service" means the Delhi Fire Service constituted under section 5 of this Act;
(m) "fire station" means a building erected to house the fire fighting equipment, appliances and staff declared generally or specially by the Government to be a fire station for the purposes of this Act;
(n) "fire sub-division" means the territory within a fire division comprising such number of fire stations as may be prescribed; and declared generally or specially by the Government to be a fire sub-division for the purpose of this Act;
(o) "Government" means the Lieutenant Governor of Delhi appointed by the President under Article 239 and designated as such under Article 239AA of the Constitution;
(p) "Lieutenant Governor" means the Lieutenant Governor of Delhi appointed by the President under Article 239 of the Constitution;
(q) "local authority" means the Delhi Cantonment Board established under the Cantonments Act, 1924 (2 of 1924), the Delhi Development Authority established under the Delhi Development Act, 1957 (61 of 1957), the Municipal Corporation of Delhi established under the Delhi Municipal Corporation Act, 1957 (66 of 1957), the New Delhi Municipal Council established under the New Delhi Municipal Council Act, 1994 (44 of 1994); or any other authority under any other law which may be notified in this behalf by the Central Government or the Government, as the case may be;
(r) "member" in relation to the Fire Service meansa person appointed to the Fire Service under this Act;
(s) 'multistoreyed building" means a building with such minimum height as may be prescribed under the rules in this behalf, and notified to the Director by the local authority;
(t) "nominated authority" means an officer not below the rank of a station officer nominated by the Director as a nominated authority for the purposes of this Act;
(u) "occupancy" means the principal occupancy for which a building or a part of a building is used or intended to be used including subsidiary occupancies which are contingent upon it;
(v) "occupier" includes
(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 is 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 licensee in occupation of any land or building; and
(v) any person who is liable to pay to the owner damages for the use and occupation of any land or building;
(w) "officer-in-charge" means a fire officer-in-charge of a fire station;
(x) "operational member" of the Fire Service means any member of the Fire Service who is required to drive or operate a fire fighting vehicle, fire fighting equipment and appliance at the site of fire and participate in the actual extinction of fire;
(y) "owner" includes a person who, for the time being, is entitled to receive, the rent of any land or building, whether on his own account or on account of himself and others or as an agent, trustee, guardian or receiver or any other person, or 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 and also includes
(i) the custodian of evacuee property in respect of evacuee property vested in him under the Administration of Evacuee Property Act, 1950 (31 of 1950);
(ii) the Director of Estates of the Government of India, the Secretary of the State Development Authority constituted under the Delhi Development Act, 1957 (61 of 1957), the General Manager of a railway and the head of a Government department, in respect of properties under their respective control;
(z) "pandal" means a temporary structure with roof or walls made of straw, hay, ulu grass, golpatta, hogla, darma, mat, canvas, cloth or other like material which is not adopted for permanent or continuous occupancy;
(za) "premises" means any land or any building or part of a building and includes the garden, ground and outhouse, if any, appurtaining to a building or part of a building; and any land or any building or part of a building appurtenant thereto which is used for storing explosives, explosive substance and dangerously inflammable substance;
Explanation.-In this clause, "explosive", "explosive substance" and "dangerously inflammable substance" shall have the meaning, respectively assigned to them in the Explosive Act, 1884 (4 of 1884), the Explosive (Substances) Act, 1908 (6 of 1908) and the Inflammable Substances Act, 1952 (20 of 1952);
(zb) "prescribed" means prescribed by rules made under this Act;
(zc) "prescribed authority" means authority prescribed by rules under this Act;
(zd) "Sub-Divisional Magistrate" means an officer of the Government appointed at Sub-Divisional Magistrate under sub-section (4) of section 20 of the Code of Criminal Procedure 1973 (2 of 1974);
(ze) "subordinate operational staff" includes every member of the Fire Service of the rank of fireman, leading fireman, driver and any other equivalent rank;
(zf) "station officer" means an officer of the Firs Service appointed as station officer by the Government.
CHAPTER II
Organisation, Superintendence, Control And Maintenance Of The Fire Service
3. One Fire Service for whole of Delhi.-There shall be one Fire Service for the whole of Delhi and all officers and subordinate ranks of the Fire Service shall be liable for posting to any branch of the Fire Service:
Provided that this provision shall not apply to the private fire services maintained for providing fire protection coverage to a specific building or industry by the owner or occupier thereof.