(1) This Act may be called the Arunachal Pradesh Fire Service Force Act, 1991.

(2) It extends to whole of the State of Arunachal Pradesh.

(3) It shall come into force 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.

In this Act, unless the context otherwise requires,

(a) Director means the Director of the Fire Force appointed under Section 4 of the Act;

(b) Fire fighting property includes,

(i) Lands and buildings used as fire stations;

(ii) Fire, Engines; 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 Station means any post or place declared, generally or specially by, the Government to be a Fire' Station;

(d) Force means Arunachal Pradesh Fire Service Force maintained under this Act;

(e) Government means the Government of Arunachal Pradesh;

(f) Member means a member of the force who performs operational, supervisory, directional, and executive duties in such ranks as may be prescribed by the Government;

(g) Officer-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 for the time being;

(h) Prescribed means prescribed by rules made under this Act;

(i) Place means either enclosed, or covered or open land having buildings or premises within 75 ft. on any side of its surroundings;

(j) Premises means any lard or any buildings or part of a building appartment thereto which is used for storing explosives, explosive substances and dangerously inflan mable substances;

(k) Wire-house means any building or place used whether temporarily or permanently for storing, keeping, or otherwise dealing in any manner or such articles which in the opinion of the Government are considered as inflammable;

(l) Work-shop 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 Government are considered as inflammable and are presented in this respect.

There shall be maintained by the Government a force to be called the Arurachal Pradesh Fire Service Force for the purpose of this Act.

The Government may appoint a person to be the Director of the Arunachal Pradesh Fire Service Force who shall be an officer of the rank of Deputy Inspector General of Police of Arunachal Pradesh.

(1) The general Superintendence and control of the Force shall vest in the Director.

(2) The 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 Government delegate any of his powers, functions and duties under this Act to such subordinate officers as he may deem fit.

The Director or such other officer of the Force as the Government may authorise in this behalf shall appoint members of the Force in accordance with the rules made under this Act.

(1) Every person shall, on appointment to the force, receive a certificate in the proscribed form under the seal of the Director or an officer authorised in this behalf by the Government and thereupon such a member person shall have the powers, functions and privileges of the Force under this Act.

(2) The certificate referred to in sub-section (1) shall cases to have effect when the person named therein ceases to be a member of the force, and on his so ceasing, he shall forthwith surrender the certificate to any officer empowered to receive the same.

(3) During the period of suspension, the powers, functions and privileges vested in such member of the force shall, be closed till revocation of suspension but such member shall con time to be the member of the Force.

Whenever it appears to the Government that it is necessary to augment the force, it may raise an auxiliary force by enrolment of volunteers for such areas and no such terms and conditions as it may determine.

The Government may from time to time make such general or special orders as it think fit

(a) for providing the farce with such appliances and equipments as it may deems proper;

(b) for providing adequate supply of water as may be required for use at any time;

(c) for constructing or providing station 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 out of sense of civic responsibility 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 including other staffs;

(g) for the speedy attendance of members of the Force with necessary appliances an equipments on the occasion of any alarm of fire;

(h) for sending members of the Force with appliances-; and equipment beyond the local limits of any area in which this Act is in force for the purpose of fire fighting in the neighbourhood of such limits on such terms and conditions and under such exigencies of situation as it deems proper;

(i) for the employment of the members of the Force in any rescue, salvage or other similar jobs;

(j) for regulating, and controlling the powers, duties and functions of the Director, and of other members of the forces; and

(k) generally for the maintenance of the force under this Act.

On the occasion of fire in any area, any member of the force who is in charge of fire fighting operations on the spot may:

(a) remove, or order any other member of the force to remove any person who by his presence interfere with or impedes the operation 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 those engaged in fire fighting of appliances; or cause them to be broken into or through, or pulls down, to the extent of minimum damage as far as possible;

(d) require the authority in charge of water supply, in the area to regulate the water machine so as to provide water at a specified pressure at the place where fire has broken out and utilise the water of any steam, 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;

(e) exercise the same powers for dispersing any assembly of persons likely to obstruct the fire fighting operations as if he were an officer-in-change of a police station and as if such an assembly were an unlawful assembly and shall 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 this no member of the force working under his order or instructions will be civilly or criminally liable in any Court of law.

(1) The Government may, by notification in the Optical Gazette, requires owners or occupiers of premises in any area or of any class of prermises used for purposes which in its opinion are likely to cause a risk of fire, to take such precautions including those related to the plan of the building or use of the building 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 or any officer of the force authorised in this behalf to direct the removal of subjects 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, or such officer may, after giving the owner or occupier a reasonable opportunity of making representation, sieze, detain of remove such objects or goods.

The entire expenditure in connection with the Force shall be met out of the consolidated. Fund of the State provided that the Government may recover from any local authority of any area, such contribution towards the cost of the portion of the force maintained in that area as the Government may direct from time to time.

13. Penalty for violation of duty etc. Any member of the force who,

(a) is fund to be guilty of any violation of duty or wilful breach of any provision of this Act or any rule or order made thereunder; or

(b) is found to be guilty of cowardice; or

(c) withdraws from the duties of his office without permission or without having given previous notice of at least two months; or

(d) fails without reasonable cause to report himself for duty on the expiration of such, leave; or

(e) accept any other employment or office in contravention of the provisions of this Act shall be punisable with, imprisonment; which may extend to three, months or with fine which may extend, to an amount not exceeding, three months pay of such member or with both.

Any person having any information regarding outbreak of fire shall, communicate the same without delay to the nearest Fire Station and if such person fails to communicate without just cause shall be deemed to have committed an of offence punishable under the first part of section 176 of the Indian Penal Code.

Whoever wilfully violates the provision of section 11 of this Act or fails without reasonable cause to comply with the same or any person who wilfully obstructs or interfere with any member of the force who is engaged in fire fighting operation shall be punishable on conviction before a Magistrate with, imprisonment which may extend to three months or with fine which may extend to five hundred rupees or with both.

Any person who knowingly gives or cause to be given a false report of the out break of fire to any person authorised to receive such report by means of a statement, message or otherwise shall be punishable on conviction before a Magistrate with, imprisonment for three months or with fine not exceeding five hundred rupees or with both.

The Government may establish and maintain one or more training centres in the State for providing necessary training to the members of the Force.

No member of the force shall engage in any employment or office whatsoever other than his duties under this Act unless expressly permitted to do so by the Government.

The Director or any officer authorised by the Government in this behalf may, on the occasion of a fire or other emergency in any neighbouring area in which this Act is not in force, order, the despatch of the members of the force, with necessary appliances and equipments to carry of fire fighting operations in such neighouring area and thereupon all the provisons of Act and the rules made thereunder shall apply to such area during the period of fire or emergency or during such period as the Director may specify.

It shall be lawful for the Government or any officer authorised by it of this behalf to employ the force in any rescue, salvage or other work for which it is suitable by reason of its training, appliances and equipment.

(1) Any person whose property catches fire on account of any action of his own or of his agent done deliberately or negligently shall be liable to pay compensation to any other person suffering damage to his properly on account of any action taken under section 10 by any officer mentioned therein or any person acting under the authority of such officer.

(2) All claims under sub-section (1) shall be prepared to the District Magistrate within 30 days from the date when the damage was caused.

(3) The District Magistrate shall after, giving the parties an opportunity of being heard, determine the amount of compensation due and pass an order stating such amount and the person liable for the same, and the order so passed shall have the force of a decree of a Civil Court.

Where any fire has occurred within any area in which this Act is in force, the senior most officer in rank among the numbers of the, force in that area, shall ascertain the facts as to the origin and cause of such fire and shall make a report thereon to the Magistrate having jurisdiction in the place in which such fire occur and the said Magistrate shall in any case where he may deem fit summon witnesses and lake evidence in order to further ascertain such facts.

Any officer of the force net below the rank of 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 with respect to the character of such building or other property, the available water supplies an means of access thereto or any other material particulars, and such owner or occupier shall furnish all the information in his possession.

(1) Director or any member of the force authorised by him in this behalf may enter any of the places specified in any notification issued under section 11 for the purpose of determining whether precautions against fire required to be taken on such place have been so taken.

(2) Save as otherwise expressly provided in this Act, no claim shall lie, against any person for compensation for any damage caused by any entry made under sub-section (1).

No charge shall be made by any local authority for water consumed in fire fighting operations by the force.

No authority in charge of water supply in an area shall be liable to any claim for compensation for damage by reason of any interuption of supply of water occasioned only by compliance of such authority with the requirement specified in clause (d) of section 10.

It shall he the duty of police officers of all ranks to aid the members of the force in the execution of their duties under the Act.

No suit, prosecution or other legal proceedings shall lie against any person 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.

(1) The Government may, by notification in the Official Gazette make rules for carrying out the purpose of this Act.

(2) In particular and without prejudice to the generality of the foregoing powers, such rule may provided for

(a) the number and grades of officers and member of the force;

(b) the manner of appointment of members of the force;

(c) the form of the certificate to be issued to the members of the force;

(d) the conditions of the service of the members of force including their ranks, pay and allowance, hours of duty and leave, maintenance of discipline and removal from service;

(e) the circumstances in which and the conditions (including the levy of fee) subject to which members of the force may be despatched to carry on fire fighting operations in neighbouring areas;

(f) the condition subject to which members of the force may be employed on rescue, salvage or other work;

(g) the manner of service of notice under this Act;

(h) the payment of rewards to person, not being members of the force, who render services for the fire fighting purposes;

(i) the compensation payable to members of the force in case of accidents or to their dependents in case of death while engaged on duly;

(j) for the employment of member of the force or use of any equipment outside the area or on special services and the fee payable therefore; and

(k) any other matter which is to be or may be prescribed.

Whoever contravenes any provision of this Act and where no separate penalty is provided shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to two thousand rupees or with both.

1. Received the assent of the Governor on 13th January, 1992.