West bengal act 004 of 2000 : West Bengal Fire Services (Amendment) Act, 2000

Section 1. Short title, extent and commencement

1. Short title, extent and commencement.- (1) This Act may be called the West Bengal Fire Services (Amendment) Act, 2000.

(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

Section 2. Amendment of section 2 of West Ben. Act XVIII of 1950

2. Amendment of section 2 of West Ben. Act XVIII of 1950.- In section 2 of the West Bengal Fire Services Act, 1950 (hereinafter referred to as the principal Act),-

(1) clause (a) and clause (aa) shall be renumbered respectively as clause (aa) and clause (aaa), and before clause (aa) as so renumbered, the following clause shall be inserted:-

‘(a) "Additional Director-General" means the Additional Director-General of Fire Services immediately below the rank of Director-General, appointed as such by the State Government by notification;’

(2) for clause (e), the following clause shall be substituted:-

‘(e) "Director" means the Director of Fire Services immediately below the rank of Additional Director-General, appointed as such by the State Government by notification;

(3) clause (ee) shall be renumbered as clause (eee), and before clause (eee) as so renumbered, the following clause shall be inserted:-

‘(ee) "Director-General" means the Director-General of Fire Services, appointed as such by the State Government by notification by deputation of an officer of the Indian Police Service holding immediately before such deputation a post of Additional Director-General of Police, or equivalent post, in the Indian Police Service.

Explanation.-"Indian Police Service" shall mean the Indian Police Service referred to in section 2 of the All-India Services Act, 1951 (61 of 1951);’,

Section 3. Amendment of section 3

3. Amendment of section 3.- In section 3 of the principal Act,-

(1) for sub-section (3), the following sub-section shall be substituted:-

"(3) The fire brigade shall be under the direction, supervision and control of the Director-General who shall, with the approval of the State Government, take all the policy decisions required for the fire brigade, and may-

(a) exercise all the powers of the Director under this Act;

(b) delegate, by order, any power or powers of the Director under this Act to the Additional Director-General, subject to the approval of the State Government;

(c) make, with the previous sanction of the State Government and subject to the orders or the rules, if any, made by the State Government under this Act, such regulations as he thinks fit relating to-

(i) the general administration and control of the fire brigade;

(ii) the equipments, clothing and accoutrement of the members of the fire brigade, their classification and duties and distribution of work among them;

(iii) the place at which, or the limits of the area within which, the members, or any class of members, of the fire brigade shall ordinarily reside, for ensuring that the services of the members, or such class of members, of the fire brigade may be readily available;

(iv) all other matters which he considers necessary for rendering the fire brigade an efficient fire-fighting force.";

(2) after sub-section (3), the following sub-sections shall be inserted:-

"(4)(a) Appointment to the post of Additional Director-General shall be made by promotion of the Director in such manner as may be prescribed:

Provided that until the manner as aforesaid is prescribed, it shall be competent for the State Government to make the appointment to the post of Additional Director-General by promotion of the Director in such manner as the State Government thinks fit.

(b) The Additional Director-General shall perform his duties, and discharge his functions, in exercise of such powers as may be delegated to him under clause (b) of sub-section (3) and in accordance with such directions as may be given to him by the Director-General from time to time.

(5) Subject to the supervision of the Director-General, the Director shall be in charge of operational mailers of the fire brigade, and shall perform his duties in accordance with such directions as may be given to him by the Director-General from time to time and, if so directed by the Director-General, by the Additional Director-General in exercise of such powers as may be delegated to him by the Director-General under clause (b) of sub-section (3).

(6) The manner of appointment to the post of Director-General by deputation shall be such as may be prescribed:

Provided that until the manner as aforesaid is prescribed, it shall be competent for the State Government to make the appointment to the post of Director-General by deputation in such manner as the State Government thinks fit.

(7) The terms and conditions of service, and the conduct, discipline and control, of the Director-General, the Additional Director-General, and the Director shall be such as may be prescribed.".

Section 4. Amendment of section 40

4. Amendment of section 40.- In sub-section (2) of section 40 of the principal Act, clause (ala) shall be renumbered as clause (alaa), and before clause (alaa) as so renumbered, the following clauses shall be inserted:-

"(ala) the manner of appointment to the post of the Additional Director-General under clause (a) of sub-section (4), and the manner of appointment to the post of Director-General under sub-section (6), of section 3;

(aala) the terms and conditions of service, and the conduct, discipline and control, of the Director-General, the Additional Director-General, and the Director under sub-section (7) of section 3;".