THE HIMACHAL PRADESH FIRE FIGHTING SERVICES ACT, 1984
ARRANGEMENT OF SECTIONS
Sections:
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
MAINTENANCE OF FIRE SERVICE
3. Maintenance of Fire Service.
4. Appointment of Director for Fire Service.
5. Superintendence and control of service.
6. Appointment of members of the service.
7. Auxiliary fire service.
8. Powers of members of the service on occasion of fire.
9. Preventive measures.
PENALTIES
10. Penalty for violation of duty etc.
11. Wilfully obstructing fire fighting operations.
11-A. Offences by companies
12. False report.
12-A. Cognizance of offences.
12-B. Jurisdiction.
12-C. Officers to be public servant.
GENERAL AND MISCELLANEOUS
13. Employment on other duties.
14. Power to obtain information.
15. Power of entry.
15-A. No Objection Certificate.
16. Consumption of water.
17. No compensation for interruption of water supply.
18. Police officers to aid.
19. Indemnity.
20. Power to make rules.
21. Repeal and savings.
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THE HIMACHAL PRADESH FIRE FIGHTING SERVICES ACT, 1984 2
THE HIMACHAL PRADESH FIRE FIGHTING SERVICES ACT, 1984
(ACT NO. 30 of 1984)
1
(Received the assent of the Governor, Himachal Pradesh, on the 3
rd
December, 1984 and was published both in Hindi and English in the Rajpatra,
Himachal Pradesh (Extra-ordinary), dated 2
nd
February, 1985, pp. 167-178).
An Act to provide for the maintenance of effective fire fighting service in
the State of Himachal Pradesh.
Amended, repealed or otherwise effected by:-
H.P. Act No. 16 of 2000
2
, assented to by the Governor on the 27
th
May, 2000, published both in Hindi and English in the Rajpatra,
Himachal Pradesh (Extra-ordinary), dated 30
th
May, 2000, pp.
1475-1482.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the
Thirty-fifth Year of the Republic of India as follows:-
PRELIMINARY
1. Short title, extent and commencement.- (1) This Act may be
called the Himachal Pradesh Fire Fighting Services Act, 1984.
(2) It extends to the whole of the State of Himachal Pradesh.
(3) It shall come into force in the State, on such date
3
as the State
Government may, by notification in the Official Gazette, appoint and different
dates may be appointed for different areas and different provisions of this Act.
2. Definitions.- In this Act, unless the context otherwise requires,-
4
[(a) “building” means any structure whether of masonry, bricks,
wood, mud, metal or other material;
(aa) “Director" means the Director of Fire-services appointed
under section 4 of this Act;]
(b) "fire fighting property" includes-
(i) lands and buildings used as fire stations,
(ii) fire engines, equipments, tools, implements and other
items used for fire fighting.
1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated
the 12
th
September, 1984, pp 1584 and 1590.
2. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated
11
th
April, 2000, pp. 868 and 872.
3. Act came into force from 1
st
April, 1991 in the whole of the State of Himachal
Pradesh vide Notification No. Home-B (E) 4-1//77, dated 27
th
March, 1991,
published in the Rajpatra, Himachal Pradesh, dated 30
th
March, 1991, p. 312.
4. Existing clause (a) renumbered as (aa) and new clause (a) inserted vide H.P. Act
No. 16 of 2000.
THE HIMACHAL PRADESH FIRE FIGHTING SERVICES ACT, 1984 3
(iii) motor vehicles and other means of transport used in
connection with fire-fighting, and
(iv) uniforms and badges of ranks;
(c) "fire stations" means any post or place declared, generally or
specially by the Director to be fire station;
1
[(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;]
(e) "officer-in-charge of a fire station" means officer-in-change
of a fire station, sub-fire station or a fire post and in his
absence includes the fire officer who is next in rank to such
officer and is present at such fire station, sub-fire station, or a
fire post, as the case may be;
2
[(ee) “owner” means a person who is in actual occupation/
possession of the premises/land];
(f) "prescribed" means prescribed by rules made under this Act;
3
[xxxxx]
4
(ff) "service" means the Himachal Pradesh Fire Service
maintained under this Act;
5
[and]
(g) "State Government" means the Government of Himachal
Pradesh.
MAINTENANCE OF FIRE SERVICE
3. Maintenance of Fire Service.- There shall be maintained by the
State Government a fire service to be called the Himachal Pradesh Fire
Service for those areas of State of the Himachal Pradesh in which this Act is
in force.
4. Appointment of Director for Fire Service.- The State
Government may appoint a person to be the Director of Fire Service.
1. The existing clause (d) renumbered as (ff) and new clause (d) inserted vide H.P.
Act No. 16 of 2000.
2. Clause (ee) added vide H.P. Act No. 16 of 2000.
3. The word “and” appearing at the end of clause (f) deleted vide H.P. Act No. 16 of
2000.
4. The existing clause (d) renumbered as (ff) vide H.P. Act No. 16 of 2000.
5 Inserted vide H.P. Act No. 16 of 2000.
THE HIMACHAL PRADESH FIRE FIGHTING SERVICES ACT, 1984 4
5. Superintendence and control of service.- (1) The superintendence
and control of the service shall vest in the Director and shall be carried on by
him in accordance with the provisions of this Act and rules made thereunder.
(2) The State Government may appoint such officers as it may deem
fit to assist the Director in the discharge of his duties.
6. Appointment of members of the service.- The Director or such
other officer of the service as the State Government may authorise in this
behalf shall appoint members of the service in accordance with the rules made
under the Act.
7. Auxiliary fire service.- Whenever it appears to the State
Government that it is necessary to augment the fire service, it may raise an
auxiliary fire service by enrolment and training of volunteers, in such number
and in such areas, as it may deem fit, on such terms and conditions as may be
prescribed:
1
[Provided that such Home Guards and Civil Defence Volunteers who
are trained in fire fighting shall be treated as members of auxiliary fire
services.]
8. Powers of members of the service on occasion of fire.- On the
occasion of fire in any area in which this Act is in force, any member of the
fire service, who is in-charge of fire-fighting operations on the spot, may-
(a) remove, or order any other member of the service to remove,
any person who by his presence interferes 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 of those or appliances
or cause them to be broken into or through or pulled down,
doing as little damage as possible;
(d) require the authority in-charge of water supply in the area to
regulate the water mains so as to
2
[keep the fire hydrants
functional round the clock and to] provide water at a specified
pressure at the place where fire has broken out and utilise the
water of any stream, 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 disbursing an assembly of
persons likely to obstruct the fire-fighting operations as if he
were an officer-in-charge of a police station and as such if
such an assembly were an unlawful assembly and shall be
entitled to the same immunities and protection as such an
1. Proviso added vide H.P. Act No. 16 of 2000.
2. Inserted vide H.P. Act No. 16 of 2000.
THE HIMACHAL PRADESH FIRE FIGHTING SERVICES ACT, 1984 5
officer has 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 in that area [; and]
1
2
[(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).]
9. Preventive measures.- (1) The State Government may, by
notification in the Official Gazette, require owners or occupiers of premises in
any area or of any class of premises used for the purpose which in its opinion
are likely to cause 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 or any officer of the service authorised by the State
Government in this behalf to direct 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 or such officer may, after giving the owner or
occupier a reasonable opportunity of making representation, seize, detain or
remove such objects or goods.
PENALTIES
10. Penalty for violation of duty etc.- Any member of the service
who-
(a) is found 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) being on leave fails without reasonable cause to report
himself for duty on the expiration of such leave; or
(e) accepts any other employment or office, without permission;
shall be punishable with imprisonment which may extend to three
months, or with fine which may extend to an amount not exceeding three
months pay of such a person, or with both.
11. Wilfully obstructing fire fighting operations.- Any person who
wilfully obstructs or interferes with any member of the service who is
engaged in fire-fighting operations or neglects to furnish the information
under section 14 shall be punishable with imprisonment which may extend to
1. Substituted for the sign “.” vide H.P. Act No. 16 of 2000.
2. Clause (g) added vide H.P. Act No. 16 of 2000.
THE HIMACHAL PRADESH FIRE FIGHTING SERVICES ACT, 1984 6
1
[one year], or with fine which may extend to
2
[five thousand rupees], or with
both.
3
[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.]
12. False report.- Any person who knowingly gives or causes to be
given a false report of the out-break of a fire to any person authorised to
receive such report by means of a statement, message or otherwise shall be
punishable with a simple imprisonment which may extend to two months, or
with fine which may extend to five hundred rupees, or with both.
4
[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 1
st
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)].
1. Substituted for the words “three months” vide H.P. Act No. 16 of 2000.
2. Substituted for words “five hundred” vide H.P. Act No. 16 of 2000.
3. Section “11-A” inserted vide H.P. Act No. 16 of 2000.
4. Sections 12-A, 12-B and 12-C inserted vide H.P. Act No. 16 of 2000.
THE HIMACHAL PRADESH FIRE FIGHTING SERVICES ACT, 1984 7
GENERAL AND MISCELLANEOUS
13. Employment on other duties.- It shall be lawful for the State
Government or any officer authorised by it 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.
14. Power to obtain information.- Any officer of the service not
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, means of
access thereto and other material particulars and such owner or occupier shall
furnish all the information in his possession.
15. Power of entry.- The Director or any member of the service
authorised by him in this behalf may enter any of the places specified in any
notification issued under section 9 for the purpose of determining whether
precautions against fire required to be taken on such places have been so
taken.
1
[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.]
16. Consumption of water.- No charge shall be made by any local
authority, private or public institution or individual for water consumed in fire
fighting operations by the service.
17. No compensation for interruption of water supply.- No
authority incharge of water supply in an area shall be liable to any claim for
compensation for damage by reason of any interruption of supply of water
occasioned only by compliance of such authority with the requirement
specified in clause (d) of section 8.
18. Police officers to aid.- It shall be the duty of police officers of all
ranks to aid the members of the service in the performance of their duties
under this Act.
19. Indemnity.- No suit, prosecution or other legal proceedings shall
lie against any person for anything which is done in good faith or intended to
be done in pursuance of this Act, rule or order made thereunder.
20. Power to make rules.- (1) The State Government may by
notification in the Official Gazette make rules for carrying out the purposes of
this Act.
1. Section 15-A inserted vide H.P. Act No. 16 of 2000.
THE HIMACHAL PRADESH FIRE FIGHTING SERVICES ACT, 1984 8
(2) In particular and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the matters,
namely:-
(a) the manner of appointment of members of the service;
(b) the conditions of service of the members of the service
including their ranks, pay and allowances, hours of duty and
leave, maintenance of discipline and removal from service;
(c) the conditions, subject to which members of the service and
equipment may be despatched to perform service in areas
outside their jurisdiction;
(d) the conditions subject to which members of the service may
be employed on rescue, salvage or other work;
(e) the manner of service of notices under the Act;
(f) the payment of rewards and remuneration to persons not
being members of the service who render service for fire
fighting purpose;
(g) the compensation payable to members of the service in case
of accidents or to their dependants in case of death while
engaged on duty;
(h) for the employment of members of the service or use of any
equipment outside the area on special services and the fee
payable therefor;
(i) uniforms for the members of the service;
(j) accommodation for the members of the service; and
(k) any other matter which is to be or may be prescribed under
the Act.
(3) Every rule made under this section shall be laid, as soon as may be
after it is made, before the Legislative Assembly while it is in session for a
total period of not less than fourteen days, which may be comprised in one
session or in two or more successive sessions, and if, before the expiry of the
session in which it is so laid or the sessions aforesaid, the Assembly makes
any modification in the rule or decides that the rule should not be made, the
rule shall thereafter have effect only in such modified form or be of no effect,
as the case may be. However, any such modification or annulment shall be
without prejudice to validity of anything previously done under that rule.
21. Repeal and savings.- If immediately before the day on which this
Act comes into force, there is in force in that area any law or rule having the
force of law which corresponds to this Act, such corresponding law in so far
as it relates to any matter for which provision has been made in this Act shall
on that day stand repealed:
THE HIMACHAL PRADESH FIRE FIGHTING SERVICES ACT, 1984 9
Provided that such repeal shall not be deemed to limit, modify or
derogate from the general responsibility of any local authority,-
(a) to provide and maintain such water supply and fire hydrants
for fire fighting purposes as may be directed by the State
Government from time to time;
(b) to frame bye-laws for the regulation of dangerous trades;
(c) to order any of its employees to render aid in fighting a fire
when reasonably called upon to do so by any member of the
service; and
(d) generally to make such measures as will lessen the likelihood
of fires or preventing the spread of fires.
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