Himachal pradesh act 016 of 2000 : Himachal Pradesh Fire Fighting Services (Amendment) Act, 2000

Section 1. Short title

1. Short title.- This Act may be called the Himachal Pradesh Fire Fighting Services (Amendment) Act, 2000.

Section 2. Amendment of section 2

2. Amendment of section 2.- In section 2 of the Himachal Pradesh Fire Fighting Services Act, 1984 (30 of 1984) (hereinafter referred to as the ‘principal Act’),-

(a) the existing clause (a) shall be re-numbered as clause (aa) and before clause (aa) so renumbered, the following clause shall be inserted, namely:-

"(a) "building" means any structure whether of masonry, bricks, wood, mud, metal or other material;"

(b) the existing clause (d) shall be renumbered as clause (ff) and after clause (c), the following clause shall be added, namely:-

"(d) "occupier" includes,-

(i) any person who for the time being is paying or is liable to pay to the owner 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 licensee in occupation of any land or building; and

(iv) any person who is liable to pay to the owner damages for the use and occupation of any land or building"

(c) after clause (e) the following clause shall be added, namely:-

"(cc) "owner" means a person who is in actual occupation/possession of the premises/land;

(d) the word "and" appearing at the end of clause (f) shall be deleted and at the end of clause (ff) so renumbered, the word "and" shall be inserted".

Section 3. Amendment of section 7

3. Amendment of section 7.- In section 7 of the principal Act, at the end, for the sign ??? the sign ??? shall be substituted and thereafter, the following proviso shall be added, namely:-

"Provided that such Home Guards and Civil Defence Volunteers who are trained in fire fighting shall be treated as members of auxiliary fire services.".

Section 4. Amendment of section 8

4. Amendment of section 8.- In section 8 of the principal Act,-

(i) in clause (d), after the words "so as to", but before the words "provide water", the words "keep the fire hydrants functional round the clock and to", shall be inserted;

(ii) in clause (f), at the end, for the sign".", the sign and word" and" shall be substituted and thereafter, the following new clause (g) shall be added, namely:-

"(g) require the authority in charge of water supply to identify more and more places for installation of fire-hydrants and water storage tanks keeping in view the expansion of town(s)."

Section 5. Amendment of section 11

5. Amendment of section 11.- In section 11 of the principal Act, for the words "three months" and "five hundred rupees", the words "one year" and "five thousand rupees" shall be substituted, respectively.

Section 6. Insertion of section 11-A

6. Insertion of section 11-A.- After section 11 of the principal Act, the following section 11-A, shall be inserted, namely:-

"11-A. Offences by companies.- (1) Where an offence under this Act, has been committed by a company, every person who, at the time the offence was committed, was in-charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act 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.

Explanation.-For the purpose of this section.

(a) "company" means a body corporate and includes a firm or other association of individuals; and

(b) "Director" in relation to a firm means a partner in the firm.".

Section 7. Insertion of sections 12-A, 12-B and 12-C

7. Insertion of sections 12-A, 12-B and 12-C.- After section 12 of the principal Act, the following sections 12-A, 12-B and 12-C shall be inserted, namely:-

"12-A. Cognizance of offences.- No Court shall take cognizance of an offence under this Act, except on the complaint of or upon information received from the Chief Fire Officer or any other officer authorised by him in this behalf.

12-B. Jurisdiction.- No Court inferior to that of a Judicial Magistrate of 1st Class shall try any offence punishable under this Act.

12-C. Officers to be public servant.- Every officer acting under this Act shall be deemed to be a public servant within the meaning of section 21 of Indian Penal Code (45 of 1860)."

Section 8. Insertion of section 15-A

8. Insertion of section 15-A.- After section 15 of the principal Act, the following section 15-A, shall be inserted, namely:-

"15-A. No Objection Certificate.-All building plans in respect of buildings of above 15 metres of height, industrial units and commercial establishments dealing with or using explosive and highly inflammable substances shall require "No Objection Certificate" from the Director of Fire Services or Chief Fire Officer, as the case may be, on the basis of recommendations of Divisional Fire Officer or Station Fire Officer concerned,".