3. Application of Bye-Laws and Rules framed under the Municipal Laws.
3. Amendment of Section 13.
4. Repeal of Ordinance 3 of 2006.
3. Maintenance of Fire Service.
4. Appointment of Director General of Fire Services.
5. Superintendence and control of service.
6. Appointment of members of service.
7. Issue of certificate to members of service.
9. Powers of the Government to make orders.
10. Powers of Members of Service on occasions of fire.
11. Power of the Officer-in-charge of fire fighting to make arrangements for supply of water.
12. Powers of Director-General to enter into arrangements for assistance.
15. Purposes for which places may not be used without licence.
16. Application for grant of licence.
19. Owner's or occupier's liability to provide for fire prevention and fire safety measures.
21. Notice regarding fire prevention and fire safety measures.
22. Steps to be taken in the event of non-compliance of notice.
25. Imposition and collection of fee.
26. Penalty for violation of duty etc.
27. Penalty for failure to take precautions.
28. Penalty for wilfully obstructing fire-fighting operations.
29. Penalty for false report.
30. Penalty for failure to take out licence.
33. Compounding or withdrawal of proceedings.
35. Levy of training fee.
36. Levy of fire tax.
37. Bar of other employment.
38. Transfer to other areas.
39. Employment on other duties.
40. Power to obtain information.
42. No compensation for interruption of water supply.
43. Police Officers to aid.
45. Protection of action taken in good faith.
46. Restrictions respecting right to form association, freedom of speech, etc.
47. Power to make rules.
3. Appointment of Members of Service.
4. Attending of Fire Calls.
5. Composition of a Fire Station.
6. Accommodation for Fire Station Staff.
7. Drawal of water form firefighting operations.
8. Rewards for assisting in firefighting and rescue operations.
9. Manner of responding to fire calls.
10. Manner of responding fire calls beyond local jurisdiction.
11. The Director General to issue Orders and guidelines.
12. Manner of disposal of unlawful assembly.
13. Reporting of damage caused during firefighting operations.
14. Powers of the Director General to enter into arrangements for assistance.
15. Issue of No Objection Certificate.
16. Station and other operational routine.
18. Application for grant of licence.
22. Procedure on death or disability of licensee.
26. Inspection report and issue of notice.
27. Steps to be taken in the event of non-compliance of notice.
30. Compounding or withdrawal of proceedings.
32. Repairs and replacement of appliances and stores.
Published in Andhra Pradesh Gazette Part IV-B, Extraordinary No. 20, dated 11.06.1999.
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 the 1st June, 1999 and the said assent is hereby first published on the 11th June, 1999 in the Andhra Pradesh Gazette for general information.
An Act to provide for the establishment and maintenance of fire service for the State of Andhra Pradesh and for matters connected therewith or incidental thereto.
1. Short title, extent and commencement: - (1) This Act may be called the Andhra Pradesh Fire Service Act, 1999.
Statement of objects and reasons - The Government of India set-up an Experts Committee on First Fighting in 1950. The Committee recommended that there should be uniform Fire Legislation in all States subject to such modifications as local circumstances may require. Based on the recommendations of the Committee, the Government of India prepared a Model Fire Force Bill. The model Bill of Government of India was referred to the Andhra Pradesh State Law Commission for making its recommendation in the matter, keeping the need to improve the efficiency of Fire Services in the State and to ensure that the Fire Service would be ready with modern equipment to deal with all emergencies whatever the nature may be. The Law Commission after examining the matter submitted to the Government its recommendations in its Third Report suggesting therein the lines on which the Legislation on the subject may be enacted for the entire State. The Government accepted the recommendations of the Law Commission and decided to undertake Legislation broadly on the lines suggested by it.
As appended to L.A. Bill No. 15 of 1996.
(iv) Uniforms and badges of rank.
(v) any person who is liable to pay to the owner damages for the use and occupation of any land or building.
3. Maintenance of Fire Service: - There shall be established and maintained, by the Government, a service to be called the Andhra Pradesh Fire Service.
4. Appointment of Director General of Fire Services: - 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.
5. Superintendence and control of service: - The superintendence and control of the service shall vest with the Director-General and shall be carried on by him in accordance with the provisions of this Act and the rules made thereunder.
6. Appointment of members of service: - The Director-General or such other officer of the service as the Government may authorise in this behalf may appoint members of the service in accordance with the rules made under this Act.
7. Issue of certificate to members of service: - (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 authorised 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 thereunder.
(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 service, and on his ceasing to be such member, he shall forthwith surrender the certificate to an officer empowered to receive the same.
(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.
8. Auxiliary fire services: - (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.
(c) be subject to the orders of the Director-General.
(j) generally for the maintenance of the service in a due state of efficiency.
(f) generally take such measures as may appear necessary for extinguishing the fire or for the protection of life or property.
(2) Any damage done to any premises or property, on the occasion of fire, by members of the service in the due discharge of their duties shall be deemed to be damage by fire within the meaning of any policy of insurance against fire.
11. Power of the Officer-in-charge of fire fighting to make arrangements for supply of water: - It shall be lawful for the 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 on such occasions as may be required and the authority or owner or occupier having control over such water source shall supply water for that purpose at such rates as may be prescribed.
12. Powers of Director-General to enter into arrangements for assistance:- The Director-General may enter into arrangements with any person who employs and maintains personnel or 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.
(2) The Director General or any member of the service duly authorised by him in this behalf, shall within sixty 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 time] or any other law for the time being in force regulating such purpose or activity, shall issue a no objection certificate with such conditions as may be considered necessary and if not so satisfied, reject the same for reasons to be recorded in writing.
(3) The authority or Officer competent to approve the building plans before construction under the relevant law for the time being in force, shall not accord such approval except on production of a no objection certificate issued under sub-section (2) wherever required.
(4) Any person violating the conditions of a no objection certificate shall be liable to be proceeded against under the provisions of this Act.
14. Preventive Measures: - (1) The Government or any officer authorised by the Government in this behalf may, by notification require the owners or occupiers of the premises used for purposes which in their opinion, are likely to cause a risk of fire, to take such precautions as may be specified in such notification.
(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 service authorised by the Government in this behalf to direct in writing the removal of objects or goods likely to cause a risk of fire, to a place of safety; and on failure of the owner or occupier to do so, the Director-General or such other officer may, after giving the owner or occupier a reasonable opportunity of making a representation, seize, detain or remove such objects or goods or order the closure of the premises.
15. Purposes for which places may not be used without licence:- Notwithstanding anything contained in any other law for the time being in force, the Government may by notification declare that no place within any area, as may be specified shall be used for any one or more of the purposes which in their opinion constitute a fire risk except in accordance with the terms and conditions of a licence to be issued by an officer of the service duly authorised in this behalf by the Government (hereinafter referred to as the authorised officer) subject to the payment of such fee as may be prescribed.
16. Application for grant of licence: - The owner or occupier of any place using it for any one or more of the purposes mentioned 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 authorised Officer having jurisdiction over the area, in which such place is situated for a licence for the use of such place for such purpose.
17. Grant of licence: - (1) The authorised officer, after due verification, shall within a period of sixty days from the date of application under Section 16, grant the licence with such conditions as he may think fit and necessary, or for reasons to be recorded in writing, reject the application for licence. If no order is passed under this sub-section within the time limit specified, the licence applied for shall be deemed to have been granted, subject to the application for licence being in conformity with the provisions of this Act.
(2) Against every order of the authorised officer refusing to grant a licence, an appeal shall lie to the Director-General within thirty days from the date of receipt of the order.
18. Duration of Licence: - Every licence granted under Section 17 shall be valid for a period of three years, or for such lesser period as may be specified in the licence and may be renewed from time to time for a similar or lesser period as may be specified in the renewed licence and may be cancelled for reasons to be recorded in writing.
Provided that, the owner, or occupier of the building or part thereof, the construction of which was completed on or before the date on which this Act comes into force or which was under construction on such date shall undertake and carry out such additional fire prevention and fire safety measures, required under the building bye-laws in force, as are specified in the notice served on him under Section 21.
(2) No person shall tamper with, alter, remove or cause any injury or damage to any fire prevention and fire safety equipment installed in any building or part thereof or instigate any other person to do so.
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 an immediate inspection of such place.
21. Notice regarding fire prevention and fire safety measures: - The authorised 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 deviations from or the contraventions of, the building bye-laws with regard to the fire prevention and fire safety measures or the inadequacy or non-compliance of such measures provided or to be provided therein with reference to the height of the building or premises or the nature of activities 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.
22. Steps to be taken in the event of non-compliance of notice: - The authorised officer or any other member of service empowered by him in this behalf may, in the event of non-compliance of any notice issued under Section 21, take such steps as may be necessary for the compliance of such notice.
23. Expenditure on service: - (1) The expenditure in connection with the service shall be met out of the Consolidated Fund of the State.
(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 service maintained in that area as the Government may from time to time, direct.
24. Fees: - Where members of the service are sent beyond the limits of the State of Andhra Pradesh in order to extinguish a fire in the neighbourhood of such limits, the owner or occupier of the premises where the fire has occurred or spread shall be liable to pay such fee as may be prescribed in this behalf.
25. Imposition and collection of fee: - (1) With effect from such date as the State Government may by notification in the Official Gazette appoint in this behalf, there shall be levied a fee for the purposes of this Act on all owners of high-rise buildings within the jurisdiction of the Director-General or the nominated authority to which this Act applies.
(2) The rate of such fee shall be not less than five rupees but not more than ten rupees per square metre of the built-up area of every high-rise building as shown in the approved building plan of such building, as the Director-General may impose and the manner of imposition, assessment and collection thereof shall be such as may be prescribed.
Provided further that, where the owner or occupier fails to pay such fee within the period as aforesaid, the same shall be recoverable as if it were arrear of land revenue.
(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 or with fine which may extend to three months pay of such member, or with both.
27. Penalty for failure to take precautions: - 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 a direction issued under sub-section (2) of that section shall be punishable with fine which may extend to five hundred rupees.
28. Penalty for wilfully obstructing fire-fighting operations: - Any person who wilfully and without any reasonable cause obstructs or interferes with any member of the service who is engaged in fire-fighting operations 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.
29. Penalty for false report: - Any person who knowingly gives or causes to be given a false report of the outbreak of a fire to any person authorised 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.
30. Penalty for failure to take out licence: - (1) Whoever being bound to take out a licence under the provisions of this Act fails to obtain a licence or fails to comply with any of the conditions specified in the licence shall be served a show-cause notice requiring him to obtain a licence or comply with any of the conditions specified in the licence, 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 thousand rupees or with both.
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 five thousand rupees or such daily fine shall not be less than one hundred rupees per day for a continuing offence.
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) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a Company and it is proved that the offence has been committed with 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.
33. Compounding or withdrawal of proceedings: - (1) The Director-General or any person authorised 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 by or under this Act or the rules made thereunder 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.
34. Training Centres: - The Government may establish and maintain one or more training centres in the State for providing courses of instruction in the prevention and extinguishment of fire and may close down or re-establish any such centre.
35. Levy of training fee: - 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.
36. Levy of fire tax: - (I) 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 per cent of the total amount of the property tax in the form of a surcharge.
37. Bar of other employment: - (1) No member of the service shall engage himself in any employment or office other than his duties under this 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.
38. Transfer to other areas: - The Director-General or any officer authorised by the Government in this behalf may on occasions of fire or other emergency in any neighbouring area in which this Act is not in force, order the dispatch of the members of the service with necessary appliances and equipment to carry out fire-fighting operations in such area and thereupon, all the provisions of this Act and the rules made thereunder shall apply to such area, during the period of fire or during such period as the Director-General may specify.
39. Employment on other duties: - It shall be lawful for the Government or any officer authorised by them in this behalf to employ the service in any rescue, salvage or other work for which it is suitable by reason of its training, appliances and equipment.
40. Power to obtain information: - Any officer of the service not below the rank of an officer in-charge of a fire station may, for the purpose 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.
41. Consumption of water: - No charge shall be made by any local authority for water consumed in fire-fighting operations or exercises by the service 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.
42. No compensation for interruption of water supply: - 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 by compliance of such authority with the requirements specified in Sec. 10.
43. Police Officers to aid: - 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.
44. Cognizance of Offences: - Save in the case of cognizable offences, no court shall take cognizance of an offence under this Act or the rules made thereunder except on the complaint of, or upon information received from the Director-General or any other officer nominated by him in this behalf.
45. Protection of action taken in good faith: - No suit, prosecution or other legal proceedings shall lie against any 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 made thereunder.
(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 bona fide 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 organisation is of a purely social, recreational or religious nature under clause (b) of this sub-section, 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 organised by anybody of persons for any political purposes or for such other purposes as may be prescribed.
(3) Any person who contravenes the provisions of sub-section (1) or sub-section (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.
47. Power to make rules: - (1) The Government may, by notification, make rules for carrying out all or any of the purposes of this Act.
(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 successive 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 from 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.