SIKKIM
GOVERNMENT GAZETTE
EXTRAORDINAR Y
PUBLISHED BY AUTHORITY
No. 128 Gangtok, Monday October 19, 1981
LAW DEPARTMENT
GOVERNMENT OF SIKKIM
Notification No. 12/LD/81. Dated Gangtok, the 16th October, 1981. The following Act of the Sikkim Legislative Assembly having received the assent of the Governor on 30th day of September, 1981, is hereby published for general information.
THE SIKKIM FIRE SERVICES ACT, 1981
ACT NO. 9 OF 1981
AN
ACT
to provide for the constitution and ma.intenance of a fire brigade for the State of Sikkim ; for licensing of warehouses and for matters connected therewith or incidental thereto. Be it enacted by the Legislature of the State of Sikkim in the Thirty-second Year of the Republic of India as follows;-
CHAPTER I
Preliminary J. (1) This Act may be called the Sikkim Fire Services Act, 1981.
(2) It extends to the whole of Sikkim.
(3) It shall corne into force in any area on such date as the State Govern- ment may, by notification in the Official Gazette, appoint and different dates may be appointed lor different areas and for different provi- sions of this Act; and the State Government may by like notification withdraw this Act or the provisions thereof from any such area; Provided that when the fire brigade is sent to any place outside any such area this Act shall be deemed to be in force in such place for all purposes connected with ser- vice therein.
2. In this Act, unless the context otherwise requires,-
(a) "Director" means the Director of Fire Services appointedbythe State Government under sub-section (3) of section 3; Short title,
extent, com-
mencement and
withdrawal.
Definitions.
1
2
(b)
"fire brigade" meansthefirebrigade maintainedbytheStateGo- vernment under section 3 and includes an Auxiliary fire brigade raised under section 4;
"fire fighting property" includes-
(i) lands and buildings used as fire stations ;
(ii) fire engines, equipments, tools, implements and things what- soever used for fire-fighting;
(iii) motor vehicles and other means of transport used in connec- tion with fire-fighting;
(iv) uniforms and badges of rank;
"fire station" means any post or place declared, generally or specially by the State Goverrment to be a fire station; ,
"members of the fire brigade" include persons employed in the Sikkim Fire Services and also volunteers and other persons enroIled in an Auxiliary fire brigade;
"officer-in-charge" of a fire station includes, when the officer-in- charge of the fire station is absent from the station or unable from illness or other cause to perform his duties, the member of the fire brigade present at the station who is next in rank to such officer;
"prescribed" means prescribed by rules made under this Act;
"warehouse" means any building or place used whether tempora- rily or permanently for the storing or processing or keeping of jute, gunny bags, cotton, hemp, resin, shellac, varnish, bitumen, pitch, tar, tallow, celluloid, wood, (excluding furniture kept in the build- ing or place for ordinary use), charcoal, coal, straw, hay, grass, raw rattan canes, coconut fibre, waste paper, packing boxes or any other inflammable articles or chemicals and also any other article which is likely to increase the risk of fire and which is specified by the State Government, by notification in the Official Gazette, for the purpose of this clause;
"workshop" means any building or place where processing of any article is carried on for purposes of trade or business, if processing of such article is declared by the State Government, by notification in the Official Gazette in this behalf, to be attended with the risk of fire.
(c)
(d)
(e)
(f)
(g)
(h)
(i)
Explanation.- The expression" processing" means making, altering, repairing, treating or otherwise dealing with any article by means of steam, electricity or other mechanical power.
Maintenance,
constitution,
etc. of fire
brigade.
3·
CHAPTER II
Fire brigade The State Government shall mainta.in a fire brigade for services in areas in which this Act is in force and may, if it thinks fit, send the fire brigade to any place outside any such area for service therein. The fire brigade shall consist of such number of members and shall be otherwise constituted in such manner as the State Government may think fit.
(3) The State Government sball appoint a person to be the Director of the Fire Services under this Act; and he shall remain under the con- trol of the Inspector General of Police,
(4) The fire brigade shall be under the direction and control of the Di- rector who may, with the previous sanction of the State Government and subject to the orders or rules, if any, made by the State Govern- ment under the provisions of this Act, frame such regulations as it thinks fit rClatinr to--~,,'
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(a) the general administration and control of the fire brigade including terms and conditions of service of members thereof;
(b) the equipments, clothing and accoutrement of the members of the fire brigade, their classification and duties and distribution of work among them;
(c) the place at which or the limits of the areas 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;
(d) all other matters which he considers necessary for rendering the fire brigade an efficient fire-fighting force.
4. The State Government may raise an Auxiliary fire brigade in any area in which this Act is in force and enrol volunteers or other persons as members of such brigade on such terms and conditions as it may think fit.
~. The State Government may, from time to time, make such general or special orders as it thinks fit-
(5)
for furnishing and providing the fire brigade with such fire-fighting properties as it deems proper;
for providing adequate supply of water and for ensuring that it is available for use;
for comtructing or providing stations or hiring places for accommo- dating the members of the fire brigade and its fire-fighting properties; for giving rewards to persons who have given notice of fires and to those who have rendered effective service to fire brigade on the occasion of fires;
for the training, discipline and good conduct of the members of the fire brigade j
for the speedy attendance of the members of the fire brigade with necessary fire fighting properties or equipments on the occasion of any alarm of fire;
for sending the members of the fire brigade with necessary fire- fighting properties and equipments to anyplace beyond the limits of any area in which this Act is in force for the purpose of extin- guishing fire in such place on such terms and conditions as it deems proper;
for the employment of the members of the fire brigade on such terms and conditions as it deems proper in any rescue, salvag~ or other works not connected with extinguishment of fire for which the fire brigade may in its opinion, be usefully and appropriately employed;
for enforcing discipllne and imposing punishment on any member of .:
the fire brigade who infringes any order;
for regulating and controlling the powers, duties and functions of the Director and other members of the fire brigade; generally for the maintenance of the fire brigade in due state of'.. efficiency.
Where the fire brigade is sent to a place beyond limits of any areas in which this Act is in force in order to extingUish fire in a warehouse or a workshop at such place, the occupier of the warehouse or work- shop shall be liable to pay such fee as may be determined by the State Government in this behalf.
The fee referred to in sub-section (I) shall be payable within one month of the service of a notice of demand by the Director on the occupier and if it is not paid within such period it shall be recovera- hIe as a public demand.
(6)
(8)
6.
Auxiliary fire brigade.
Power of State Government to make orders with respect to fire brigade. Fees pa:yable
forexri nuish-
. ing fire in areas where the Act is not in force.
Duties of mem- bers of fire brigade.
Prohibition on resignation or withdrawal from duties without permis- sion or notice. Powers exer- cisable on oc- casion of fire. Power to enter into agreement with the autho- rity in charge of water supply. Power to enter into arrange- ment for assis- tance.
All vehicles to give way to
fire brigade vehicles.
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7· It shall be the duty of every member of the fire brigade to give effect prornpe- ly to the lawful commands of the Director or the officer-in-charge of a fire station or the officer in immediate charge of the fire brigade on the occasion and at the site of a fire and generally to discharge the duties imposed upon him by this Act or any l- "ers, rules or regulations made thereunder.
8. No member of the fire brigade shall resign his office or withdraw himself from the duties thereof unless expressly permitted in writing by the Director:
Provided that a member of the fire brigade may resign his office or withdraw himself from the duties as such member on giving one month's notice of his intention to do so.
On the occasion of a fire or alarm of fire, the Director or the officer- in-charge of a fire station or the officer-itl-charge of the-members of the fire brigade on the spot may-
remove or order any member of thefire brigade to remove any person who by his presence interferes with or, impedes the due operation of the fire brigade; , ' "
close any street or passage in or near which a fire has taken or is likely to take place j
by himself or by any member of the fire brigade enter, break into o r through or pull down any premises for the purpose of extinguishing fire or for the passage of hose ,or other fire-fighting appliances, doing as little damage as possible j" < ;,
require the authority in charge of water supply in the area to regu- late the water mains and pipes or cause 'the mains and pipes to be shut off so as to provide water at a specified pr~ssure at the place were the fire has broken out and utilise the 'water' 6f any stream, cistern, well or tank or of ahy 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 or persons likely to obstruct the operation of the fire brigade, as if he were an officer- in-charge of a police-station and as if such an'assembly were an un- lawful assembly and shall be entitled to the same immunities and pro- tection as such an officer, in respect of the exercise of such powers;
(f) generally take such measures as may appear necessary for the pre- servation of life and property.
(r)
(a)
(b)
(c)
(d)
(2) The Director or the officer-in-charge of a fire' station or the officer- in-charge of the members of the fire brigade on the spot may verbally nominate and depute one or more members of the fire brigade to act at a distance, and such member or members shall have for the time being the like powers as the Director or such officer himself posse- sses under this section.
r 0 The Director may, with the previous sanctio'n of the State Government, enter into an agreement with any person or authority in any area For securing an adequate supply of water in case of fire on such terms as may be specified in the agreement. t I. The Director may, with the previous sanction of the State Government, enter into an agreement with any person or authority maintaining fire-fighting properties for securing, on such terms as may be specified in the agreement, the assistance of such person or authority for the purpose of extinguishing fires.
12. Whenever any vehicle of the fire brigade is proceeding to extinguish fire using fire alarm all vehicles other than police vehicles or ambulances shall give way to such vehicle of the fire brigade.
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5
<, 13. Police officers of all grades shall be authorised and bound to aid the fire brigade in the execution of its duties and may, close any street in or near which a fire has taken rl"\ce, and also on their own motion or on the request of the Director or any mem- ber of le fire brigade, remove any person who by his presence interferes with or impedes the due operation of the fire brigade.
14-. No member of the fire brigade and no officer of the police shall be liable to damages or otherwise on account of any act done by him in the bonafide belief that such act was required for the proper execution of its duties under this Act or any rules, regu- lations or orders made thereunder.
1S. (I) In the case of any fire occuring within any area in which this Act is in force, the senior most officer in rank among the members of the fire brigade in that area or where members of the fire brigade are sent to any place beyond the limits of any area in which this Act is in force to extinguish fire in such place, the senior most officer in rank among the members so sent shall ascertain the facts as to the origin and cause of such fire and shall make a report thereon to a Magistrate having jurisdiction in the place in which such fire has occured; and the said Magistrate may, in any case where he thinks fit, sum- mon witnesses and take evidence in order to further ascertain such facts.
(2) Copies of all reports and of all evidence recorded under this section shall be furnished on application to any person interested on payment of such fees as may be prescribed.
CHAPTER HI
Fire works, letting off rockets, etc.
16. No person shall let off rockets or send up fire balloons or sell or store for sale any fire-works within any area in which this Act is in force except under and in accord- ance with the terms and conditions of a licence as may be prescribed.
17. (I) Subject to the provisions of sub-section (2), the application for licence under section 16 for sale or storing shall be made to the Superintendent of Police or such other authority as may be appointed by the State Government and shall be accompanied by-
(i) annual fee not exceeding rupees three hundred as may be prescribed; and
(ii) a certificate from the Director that the place where the fire works are sold or stored for sale is fit for the purpose of such sale or storage and has adequate arrangements for fire fighting.
(2) The fee for licence to let off rockets or to send up fire balloons for any particular occasion may not exceed rupees five as may be determined by the State Government by a notification in the Official Gazette.
18. A licence granted under section 16 may, without prejudice to any other action that may be taken against the licensee, be suspended or withdrawn by the Superin- tendent of Police or other authority after giving the licensee an opportunity of being heard if in the opinion of the Superintendent of Police or other authority it is necessary to do so in the public interest or, in the case of a licence to sell fire-works, if there has been a breach of any prescribed terms and conditions.
19. Unless withdrawn earlier, a licence granted uncler section 16 shall remain valid for a period of one year rrom the date of issue and may be renewed on payment of':
such fees not exceeding rupees fifty as may be prescribed.
CHAPTER IV
Licence for warehouse or workshop
20. No building or place shall be used as a warehouse or workshop unless t~1eowner or occupier thereof shall have previously obtained under this Act a licence for such use-
Police officers
to aid the fire
brigade.
Non-liability to
damages.
Enquiry into
origin of fire
and report.
Licence for fire
works and for
letting off roc-
kets, etc.
Authority to
grant licence
and fee for
licence.
Withdrawal 01
suspension of
licence.
Validity of
licence.
Licence for
warehouse or
workshop.
Certificate from Director to
accompany ap- plication for licence.
Licence for building or or place al- ready used as warehouse or workshop. Application for licence.
6
(i) frorn the Gangtok Municipal Corporation when such ware house or workshop is situated within the area of that Corpo- ration, and
(ii) from the Local Self Government Department of the .tate of Sikkim in other cases.
2 I • No licence to use any building or place as a warehouse or workshop shall be granted unless the application for such licence under section 23 is accompanied by a certificate from the Director that the building or place is fit for use as such warehouse or workshop and adequate fire-fighting arrangements have been provided therein.
22. The owner or occupier of any building or place which was being used, imme- diately before the date on which this Act comes into force in the local area within which such building or place is situated, as-
(a) warehouse; or
(b) workshop immediately before the date of publication of the notifi- cation under clause (i) of section 2 by which such building or place comes under the definition of workshop in the said clause; shall, upon application made in writing to the Gangtok Municipal Corporation or the Local Self Goverrment Department, as the case may be, within one month from the date on which this Act comes into force in the said local area or within one month from the date of publication of the said notification, be entitled to obtain a licence to use such building or place as a warehouse or workshop under this Act, subject to the payment of annual fee as specified in section 25.
23. (I) Every application for licence shall be made in such form as may be prescribed and shall be disposed of within thirty days from the date of its receipt by the Gangtok Municipal Corporation or, as the case may be, by the Local Self Government Department, and if it is not disposed of within that period, the applicant shall not be liable to any penalties under this Act for the use of a building or place as a warehouse or workshop in respect of which the application was made, after the said period of thirty days, so long as such applica- tion is not refused by the Gangtok Municipal Corporation or, as the case may be, by the Local Self Government Department.
(2) On receipt of any such application for the grant of a licence, the Gangtok Municipal Corporation or, as the case may be, the Local Self Government Department, may grant or refuse the licence.
(3) A licence granted under this section shall be valid for the period of one year (specified therein) and may be renewed from time to time for such period and on payment of such fees not exceeding rupees fifty and on such conditions as may be prescribed.
(4-) Where a grant of a licence or renewal of a licence is refused, the Gangtok Municipal Corporation or, as the case may be, the Local Self Goverument Department, shall record in writing the reasons for such refusal.
(5)' Any person aggrived by a decision of the Gangtok Municipal Cor- poration or, as the case may be, the Local Self Government Department, under this section may within thirty days from the date on which the decision is communicated to him prefer an appeal to an appellate officer who shall be a person nominated in this behalf by the State Government:
Provided that the appellate officer may entertain the appeal after the expiry of the said period of thirty days, if he is satisfied that the appellant was prevented by su- fficient cause from filing the appeal in time.
(6) On receipt of an appeal under sub-section (5), the appellate officer shall after giving the appellant an opportunity of being heard, dis- pose of the appeal as expeditiously as possible.
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24. A licence for a warehouse or workshop shall be subject to the following conditions and such other conditions as may be prescribed in this behalf, namely:-
(a) that the warehouse or workshop shall at all times be open to inspect- ion by such officer or officers, being member or members of a fire brigade, as may be appointed by the Director;
(b) that no article referred to in clause (h) of section 2 shall be made, prepared, dried or treated in any manner on the top or roof of any building constituting or forming part of a warehouse or workshop;
(c) that no part of a warehouse shall be used as a residence and that no person shall be allowed-
(i) to bring into such warehouse any match boxes or match sticks or any artificial light not duly and thoroughly protected; or
(ii) to smoke within such warehouse, while inflammable article is stored therein.
2 S. (I) The annual fee in respect of a licence under this Chapter shall be payable in advance.
(2) The annual fee shall be calculated at such rate as may be prescribed, being not less than ten per cent and not more than twenty five per cent of the annual value of the building or place used as a warehouse or workshop and different rates may be prescribed for different classes of warehouses according to the nature and quantity of the articles stored, processed, or kept therein and for different classes of workshops accord- ing to the nature of the processing carried or the quantity or nature of the articles processed therein:
Provided that the annual fee for warehouse or workshop shall not be less than ten rupees or more than such amount as may be prescribed, and different amounts may be pres- cribed in this behalf for different classes of warehouses or workshops:
Provided further that if the owner or occupier of a warehouse or workshop main- tains, within the warehouse or at a place within such distance therefrom as the Director may consider reasonable for use in the warehouse or workshop in case of necessity, any fire fighting appliances of such types as may be prescribed, then a rebate calculated at such rate as may be prescribed in respect of such type of fire fighting appliances or different combination thereof shall be allowed to such owner or occupier.
(3) For purposes of sub-section (2) the annual value of a building or place used as a warehouse or workshop shall be dcemed-v-
(a) if it is situated within a municipality, to be the annual value at which it is assessed for the payment of municipal taxes;
Provided that if such building or place forms part of any holding assessed as a whole for the payment of municipal taxes, the annual value of such building or place shall be such as may be determined in this behalf by the Gangtok Municipal Corporation in such pro- portion which such building or place bears to the entire holding;
(b) if it is situated outside municipality, to be seven and half per cent of the current market value of the building or place as may be deter- mined by the Local Self Government Department.
26. Whenever a change in the occupation of any warehouse or workshop occurs, the person entering into occupation of the same shall, within two weeks of his en- tering into occupation, give notice in writing to the Gangtok Municipal Corporation, or as the case may be, the Local Self Government Department of such change of occupation, and shall pay a fee of ten rupees and his name shall thereupon be substituted in the licence in respect of the warehouse or workshop for the name or the last occupier.
27. (1) Whenever the Gangtok Municipal Corporation, or as the case may be, the Local Self Government Department receives credible information that any condi- tions to which t.he licence of any warehouse or workshop is subject, has been broken by the holder thereof, it shall file in writing the substance of such information in the Court of a Magistrate having jurisdiction and the Magistrate may issue summons upon the holder of the licence to show cause why the licence should not be cancelled or suspended and Jllay suspend such licence pending hearing of the case.
Conditions sub- ject to which licence may be granted.
Annual fee. Change in occ-
upation. Procedure for cancel1ation or suspension of licence.
Delegation of p·,wers.
Erection- f tem- porary structure or pandal .
Liability of pro- perty owner to pay compensa- tion.
Penalty for con- travening provi- sions of section 7 or 8.
Penalty for not giving way to fire brigade vehicles'
8
(2) The Magistrate shall not make the order suspending such licence un- less he is satisfied that it is necessary to prevent or obviate immediate dancer or injury of a serious kind. b
(3) The summons issued under this section shall be served up, . the said holder of the licence named therein in the manner provided in the Code of Criminal Pro- cedure, 1898 for the service of summons.
(4-) The Magistrate before whom the case is filed under sub-section (I) may, if he is satisfied after taking the evidence that there exists reasonable and proper ground for cancelling or suspending the licence, cancel such licence or suspend the same for such time as he may think fit and may impose such conditions as to the reversal of such order of cancellation or suspension as may be consistent with the provisions of this Act for the grant of a licence for warehouse or workshop.
28. The State Government may, by general or special order published in the , Official Gazette, direct that such of the powers, duties and functions of the Director unde, this Act shall also be exercised and performed by such other officers as the State Govern merit may specify in the order.
CHAPTER V
Temporary structure and Pandal.
29. A person who intends to erect a temporary structure or pandal with roof or walls made of straw, hay, mat, canvas or other like material, for use as a place where members of the public may assemble, shall apply to the Superintendent of Police of the area for permission to erect such structure or pandal and such permission shall not be refused if the structure or pandal conforms to the conditions that may be prescribed in th is behalf:
Provided that no such permission shall be necessary where a temporary structure or panda] is erected for the purpose of poojas, marriages or other religious functions of a private character:
Provided further that where no order granting or refusing the permission is made within such period as may be prescribed in this behalf; the structure or pandal may be erected if it conforms to the prescribed conditions.
CHAPTER VI
Penalties.
30. (I) 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 property on account of any action taken under section 9 of this Act by any officer mentioned therein or any person acting under the au- thority of such officer.
(2) A11 claims under sub-section (I) shall be preferred to the District Collector of the area within thirty days from the date when the damage was caused.
(3) The District Collector 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 Iiable for the same, and the order so passed shall have the force of a decree of a civil court.
3 I. Any member of the fire brigade who contravenes any provision of section 7 or section 8 shall be punishable, on conviction before a Magistrate, with fine which may extend to one hundred rupees.
32. Any person who, being in charge of a vehicle, contravenes the provisions of section 12 shall be punishable, on conviction before a Magistrate, with fine which may extend to one hundred rupees.
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9
33. Ariy person who, within any area in which this Act i~in force,-
(a) lets off rockets; or
(b) sends up fire-balloons; or
(c) sells fire-works, without obtaining a licence; or
(d) where a licence to sell fire-works has been granted, violates any of the prescribed conditions specified therein,
shall be punishable, on conviction before a Magistrate, with fine which may extend to one hundred rupees for every such offence.
H. If any rockets are let off or fire-balloons sent up from within the precincts of any private premises or compound without a lincence, the owner or occupier or per- son under whose immediate control the premises or compound is, shall, unless he can prove that the offence was committed without his knowledge, be punishable, on conviction be-
" fore a Magistrate, with fine which may extend to one hundred rupees. '35. Ani. person who without a licence uses any buildingor place as a warehouse , or workshop shall be punishable, on conviction before a Magistrate, with fine which may extend to five hundred rupees or with imprisonment for a term which may extend to two months or with both, and with further fine not exceeding one hundred rupees for each day during which he may continue so to use such warehouse or workshop.
36. Any person who uses any warehouse or workshop in' respect of which a licence has been refused, or after the licence in respect thereof has been cancelled or during the time for which such licence has been suspended, shall be punishable on convic- tion before a Magistrate, with fine which may extend to five hundred rupees or with im- prisonment for a term which may extend to two months or with both, and with further fine not exceeding one hundred rupees for each day during which he may continue so, to use such warehouse or workshop,
37. Any holder of a licence who violates any of the conditions under wh,ich,,!1 licence is held is respect of any warehouse or workshop shall be punishable, on convictedion before a Magistrate, with fine which may extend to one hundred rupees or with imprison- ment for a term which may extend to one month or with both.
,38. If there is a change in the occupation of any warehouse or workshop and the person entering into occupation fails to give a notice and pay the fees required by section 26, such person shall be punishable, on conviction before a Magistrate, with fine 'which may extend to twenty rupees for each day during which he may 'Souse or continue to use such warehouse or workshop.
'Renilltyf6r lett-
'ing off rockets,
etc;
Penalty on
householders for
allowing letting
off rockets, etc.
wi thotrt Iicence ,
Penalty for not
taking out a
licence for ware-
house or work-
shop.
Penalty for using
warehouse or
workshop after
refusal of lice-
nce.
Penalty for bre-
achof condi-
tions.
Penalty for fai-
ling to notify
change in occu-
pation of ware-
house or work
shop.
Penalty for givi-
ng false informa,
tion.
39. Any person who gives false information to the Gangtok Municipal Corpora- tion, or as the case may be, the Local Self Government Department under section 27 with the object of inducing it to take action under that section shall be punishable, on convic- tion before a Magistrate, with fine which may extend to one hundred rupees or with im- prisonment for a term which may extend to one month or with both.
40. Any person who uses as a residence any portion of a warehouse shall be punishable on conviction before a Magistrate, with fine which may extend to one hundred rupees and with further fine not exceeding 'twenty rupees for each day during which he may so continue to use it.
41. Any person who brings into a warehouse any match-boxes, match sticks Penalty for bri- or any artificial light not duly and thoroughly protected, shall be punishable, on conviction nging match before a Magistrate, with fine which may extend to one hundred rupees. boxes, etc. in warehouse.
,p. Any person who smokes within a warehouse shall be punishable, on convic- tion before a Magistrate, with fine which may extend to one hundred rupees. 4-3. Any person who erects any structure or pandal in contravention of the pro- visions of section 29 shall be punishable,on conviction before a Magistrate, with fine which may extend to one hundred rupees or with imprisonment for a term which may extend to one month or with both, and with further fine not exceeding ten rupees for each day during which such contravention continues.
Penalty for us
ing warehouse
as residence.
Penalty for smo-
king within
warehouse.
Penalty for
erecting struc-
ture, etc. in
contravention
of section 29'
Penalty-for .obstructing persons
exercising power under section 49. Offences bailable and cognliza IIe, Police officer -may arrest ofTen- ders under sec- tion 33.
'FEJrm'o'f'1icence 'umIer 'Chapter
IV.
Aet not to apply where small qu- antitfesof InfIa- ammble articles are deposited. .Powei- .of entry.
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4-4-. Any person who wilfully obstructs, or offers any resistence to, or impedes or otherwise interefers with the Director or any officer exercising powers under section 4-9 or any assistant accompanying the Director or such officer while exercisino such powers shall be punishable, on conviction before a Magistrate, with fine which I. extend t,o one hundred rupees.
4S. All offences punishable under this Chapter shall be bailable and shall, except where punishable under section 3 I, be cognizable.
CHAPTER VII
General and Miscellaneous.
46. (1) Any person committing an offence under section 33 may, if his name and address be unknown, be arrested by any officer of police and forthwith produced before a Magistrate having jurisdiction in the place in which such offence has been committed, or shall be taken to the nearest police-station within the said jurisdiction, in order that such person may be detained until he can be produced before a Magistrate or unless he- executes a bond with or without sureties for his appearance before a Magistrate.
(2) Whenever such person is taken to a police station, the officer- in- charge of such police station shall as soon as possible, but in every case within twenty four hours, cause him to be produced before a Magistrate having jurisdiction.
47. EveryIicence granted under Chapter IV of this Act shall,as far as possible' be in the form in the Schedule appended to this Act.
48. (I) Nothing in this Act shall be deemed to apply to buildings or places where small quantities of any of the articles referred to in clause (h) of section 2 are de- posited.
(2) The State Government may, from time to time, declare by notifica- tion in the Official Gazette, quantities of articles refrerred to in clause (h) of section (2) which shall be deemed to be small quantities within the meaning of this section.
49. (I) The Director, or any officer-in-charge of a fire station authorised by the Director in this behalf, may enter into or upon any building or place, with or wi thou t assistants, in order to make any inspection, test, examination, survey, measurement, weighment, valuation or enquiry for the purpose of carrying into effect the provisions of this Act or of any rule made thereunder or to obtain information for fire-fighting purposes with respect to the character of the buildings and other property within the local juris- diction, the available water supplies and the means of access thereto and other relevant local circumstances, which in his opinion, it is necessary to obtain for any of the purposes or in pursuance of any of the provisions of this Act or any such rule:
Provided that-
(a) no such entry shall be made after sunset and before sunrise;
(b) no dwelling-house and no public building or hut which is used as a dwelling place, shall be so entered except with the consent of the occupier thereof, without giving the said occupier at least twenty four hours' previous written notice of the intention to make such entry;
notwithstanding any power to enter any building or place hereby conferred, suAicient notice of such entry shall in every instance be given to enable the inmates of any apartment appropriated to females to withdraw to some part of the premises where their privacy may not be disturbed;
due regal'd shall always be had, so far as may be compatible with the exigencies of the purpose for which the entry is made, to the social and religious usages of the occupants of the building or place entered. (c)
(d)
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(2) The Director-or any officer referred to in sub-section (I) shall not use any force for the purpose of effecting any entry under sub-section (1) unless -
") such entry cannot otherwise be effected; and
(ii) there is reason to believe that an offence is being, or has been, commi- tted against any provision of this Act or any rule made thereunder.
(3) Except when it is in this Act or in any rule made thereunder otherwise expressly provided, no claim shall lie against any person for compensation for any damage necessarily caused by any entry made under subsection (1) or by the use of any necessary force under sub-section (2).
So. The State Government may establish and maintain one or more training centres in the State for providing courses of instructions in the prevention and extinguishment of fire and may close down or re-establish any such centre.
5! . No member of the fire service shall engage in any employment or office whatso- ever other than his own duties under this Act unless expressly permitted to do so by the Director.
52. No charge shall be made by any local authority for water consumed by the fire service in fighting fires, training, filling static water tanks, or other similar or allied purposes.
53. No authority in charge of water supply in an area shall be liable to pay claim for
. compensation for damages by reason of any interruption of supply of water occasioned only by compliance by such authority with the requirements specified in clause (d) of section 9.
54. Any person who possesses any information regarding an outbreak of fire shall com- municate the same without delay to the nearest fire station.
55. No suit, prosecution, or other legal preceedings 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 rules or orders made thereunder.
56. (I) The State Goverrunent may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
(a) the determination of the fees referred to in section 6;
(b) the determination of the fees referred to in section 15;
(c) the form of licence referred to in section 16;
(d) t6e fees [or renewal of licence under section 19;
(e) the form of application for licence under section 23;
(f) period, fee and conditions for renewal of licence under section 23;
(g) conditions of licence under section 24;
(h) the rate of the annual value of a building or place for using such building or place as a warehouse or workshop is to be calculated under section 25;
(i) the types of ftre-fighting applicances and the rates at which rebate rerefcrrcd to in section 25 shall be calculated;
(j) the conditions and the period of time referred to in section 29 within which licence is to be granted or refused;
(k) any other matter for which provision has to be or may be made by rules.
_0. (I) The Sikkim Fire Service in existence at the commencement of this Act shall be deemed to be the Sikkim Fire Service constituted under this Act.
(2) Members of the Sikkim Fi1-e'Service in existence at the commencement of this Act shall be deemed to have been appointed under this Act.
(3) Any thing done or any action taken before the commencement of this Act in relation to the constitution of the Sikkim Fire Service referred to in sub-section (I), in relation to any person appointed thereto, shall be as valid and effective in law as if such thing OJ' action was done or taken under this Act.
.-' Training Centre' Bar to other employment.
Consumption of water by the fire brigade.
No commpen-
sation for inter- ruption of water supply.
Information on outbreak of fire. Indemnity.
Power to make rules.
Provisions as to existing Sikkim fh'e Service.
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SCHEDULE
( See section 47 ) Licence under the Sikkim Fire Services Act, 198 J. No .....••..........••............•.... OfI981. Licence is hereby granted to .•............•..................•••...... under the Sikkim Fire Serivices Act 1981.
to use the building or place being No. (a) ...•............................ '" as a warehouse for storing or processing or keeping
(b) , ,. " .. , .
••••••••••••••••••••••••••• , ••••••••••••••••••••••••••••••••••••••••••• oi ••••••••
•••••••••••••••••••••••••••••••••••••••••••••••••••••••••• , t I •••• 1 •••••••••••• to use the building or place being No. (a) ...........•.•.•............•....... as a work- shop, subject to the canditions noted on the back and such other conditions as may be prescribed. It is hereby acknowledged that a sum of rupees ............•.•...•.••.•.......... being the licence fee due by the said ....................•........•...••. ; ..........•• ; for the
period from I ~ ••• , ••••••••••••••••••••••••••• to ~ "....• , .. , in
respect of the aforesaid licence at the rate of Rs ....•..•...•....•....••......•••........... per annum has been received.
Name of owner
Name of occupier.
Licensing Authority.
The ....................•.••••.. day
(a) Here insert the location.
(b) Here insert the name of the article. (On the back of the licence).
CONDITIONS
••••••• I •••••••••••••••••••••••••••••• " ••••••••• The warehouse/the workshop shall at all times be open to inspection by such officer or officers, being member or members of the fire brigade, as may be a appointed by the Director of Fire Services.
The warehouse/workshop shall conform to the conditions prescribed under section 23 of the Sikkim Fire Services Act, 1981.
No article referred to in clause (h) of section 2 of the Sikkirn Fire Services Act, 198 I shall be made, prepared, dried or treated in any manner on the top or roof of any building cons- tituting or forming part of a warehouse.
No person shall be allowed to use as residence any part of the warehouse or to bring into the warehouse any match-boxes or match-sticks or any artificial light not duly and thorough- ly protected or to smoke within the warehouse while any inflammable article is stored therein.
By Order of the Governor,
B. R.PRADHAN,
Secretary to the Government of Sikkim, Law Department,
F. No. 16(46)LLf78.
PRINTED AT THE SIKKIM GOVERNMENT PRESS