Manual of Goa Law Vol. II – 1 – Fire Force Act
The Goa, Daman and Diu
Fire Force Act, 1986
Manual of Goa Law Vol. II – 2 – Fire Force Act
Manual of Goa Law Vol. II – 3 – Fire Force Act
The Goa, Daman and Diu Fire Force Act, 1986
The Goa, Daman and Diu Fire Force Act, 1986 (Act No. 9 of 1986) published in
the official Gazette Series-I No.31 dated 30.10.1986 and come into force w.e.f. -------
Arrangement of Sections
1 Short title, extent and commencement
2 Definitions
3 Maintenance of Fire Force
4 Superintendence and Control of Fire Force
5 Appointment of Members of Fire Force
6 Issue of Certificate to Members of Fire
Force
7 Auxiliary Fire Force
8 Expenditure on Fire Force
9 Powers of Government to make orders
10 Powers of Members of Fire Force on
occasion of fire
11 Powers of Director/Chief Fire Officer to
make arrangement for supply of water
12 Powers of Director/Chief Fire Officer to
enter into agreement for assistance
13 Preventive Measures
14 Prohibition against transfer of fire
fighting property
15 Requisitioning of fire fighting property
16 Acquisition of fire fighting property
17 Principles and method of determining
compensation
18 Reference to Court
19 Appeal
20 Penalty for violation of duty, etc.
21 Failure to take precautions
22 Punishment for will fully obstructing fire
fighting operations
23 Training Centre
24 Bar to other employment
25 Transfer to other area
26 Employment on other duties
27 Liability of owner of property to pay
compensation
28 Inquiry into origin of fire and report to
Government
29 Power to obtain information
30 Power of entry
31 Consumption of water
32 No compensation for interruption of
water supply
33 Police Officers to aid
34 Indemnity
35 Power to make rules
GOVERNMENT OF GOA, DAMAN & DIU
Law Department (Legal Affairs)
—
Notification
7-26-86/LA
The Goa, Daman and Diu Fire Force Act, 1986 (Act 9 of 1986), which has been passed
by the Legislative Assembly on 4-8-1986 and assented to by the Administrator on
17-10-1986 is hereby published for the general information of the public.
P. V. Kadnekar, Under Secretary (Drafting).
Panaji, 21st October, 1986.
Manual of Goa Law Vol. II – 2 – Fire Force Act
The Goa, Daman and Diu Fire Force Act, 1986
(Act No. 9 of 1986) [17-10-1986]
AN
ACT
to provide for the maintenance of Fire Force for the Union territory of Goa, Daman and
Diu.
Whereas it is expedient to provide for the establishment and maintenance of Fire Force
in the Union territory of Goa, Daman and Diu;
Be it enacted by the Legislative Assembly of Goa, Daman and Diu in the Thirty-
-seventh Year of the Republic of India as follows:—
CHAPTER I
Preliminary
1. Short title, extent and commencement.— (1) This Act may be called the Goa,
Daman and Diu Fire Force Act, 1986.
(2) It extends to the whole of the Union territory of Goa, Daman and Diu.
(3) It shall come into force in any area on such date as the Government may by
notification in the Official Gazette, appoint and different dates may be appointed for
different areas and different provisions of this Act and in reference to any such provisions
to the area or areas in which this Act is in force shall be construed as a reference to the
area or areas in which the provision is in force.
2. Definitions.— In this Act, unless the context otherwise requires,—
(a) “Collector” means the Chief Officer in charge of Revenue Administration of the
District and includes acting or officiating Collector and also any officer appointed by
the Government to exercise the functions of the Collector;
(b) “Director/Chief Fire Officer” means the Officer appointed by the Government as
Director/Chief Fire Officer of the Fire Service of the Union territory of Goa, Daman
and Diu;
(c) “Fire Fighting Property” includes
(i) lands and buildings used as Fire Stations;
(ii) fire fighting appliances, equipment, tools implements and things whatsoever
used for fire fighting;
(iii) motor vehicles and other means of transport used in connection with the fire
fighting;
(iv) uniforms and badges of rank.
(d) “Fire Station” means any post or place declared generally or specially by the
Government to be the fire station;
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(e) “Fire Force” means the Fire Force of Goa, Daman and Diu maintained under
this Act;
(f) “Officer-in-Charge” of fire station includes, when Officer-in-charge is absent
from the station or unable from illness or other cause to perform his duties, the fire
officer present at the station who is next in the rank to such officer.
(g) “Official Gazette” means the Official Gazette of the Government of Goa, Daman
and Diu.
(h) “Prescribed” means prescribed by rules made under this Act.
3. Maintenance of Fire Force.— A fire force to be called as the Government Fire
Force shall be maintained by Government for services in the local areas in which this Act
is in force.
4. Superintendence and Control of Fire Force.— (1) Superintendence and Control
of the Fire Force shall vest in the Director/Chief Fire Officer and shall be carried on by
him in accordance with the provisions of this Act and of any rules made thereunder.
(2) Government may appoint such officer as it may deem fit to assist the
Director/Chief Fire Officer in the discharge of duties.
5. Appointment of Members of Fire Force.— The Director/Chief Fire Officer or
such other officer of the Fire Service as the Government may authorise in this behalf shall
appoint members of the Fire Force in accordance with the rules made under this Act.
6. Issue of Certificate to Members of Fire Force.— (1) Every person shall on
appointment to the Fire Force, receive a certificate in the prescribed form under seal of
the Director/Chief Fire Officer authorised in this behalf by the Government and
thereupon such person shall have powers, functions and privileges of the members of the
Fire Force under this Act.
(2) The certificate referred to in sub-section (1) shall cease to have effect when the
person named therein ceases for any reason to be a member of the Fire Force and on his
ceasing to be such member, he/she shall forthwith surrender the certificate to any officer
empowered to receive the same.
(3) During any time of suspension, the powers, functions, privileges vested in any
member of the Fire Force shall be in abeyance but such members shall continue to be
subject to the same discipline and penalties as he/she would have been, if he/she had not
been suspended.
7. Auxiliary Fire Force.— (1) Whenever it appears to the Government that it is
necessary to augment the services it might raise an auxiliary Fire Force by employment of
volunteers on such areas and on such terms and conditions as it may deem fit.
(2) Every such volunteer shall receive a certificate in the prescribed form, and shall
have the same powers and protection and shall be liable to all such duties and penalties
and be subordinate to the same authorities as members of the ordinary Fire Force.
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8. Expenditure on Fire Force.— The entire expenditure in connection with Fire
Force shall be met out from the consolidated fund of the Union territory of Goa, Daman
and Diu.
CHAPTER II
Powers of Government, Director/Chief Fire Officer and Members of Force
9. Powers of Government to make orders.— The Government may from time to
time make such general or special orders as it deems fit—
(a) for providing services with such appliances and equipment as it deems proper;
(b) for providing adequate supply of water and for securing the same as it shall be
available for use;
(c) for construction or providing stations or hiring places for accommodating the
members of the Fire Force and its fire fighting appliances;
(d) for giving rewards to persons who have given notice of fire and to those who
have rendered effective services to the Fire Force on the occasion of fire in the
discharge of their duties under section 26;
(e) for giving compensation to the persons who have rendered effective services to
the Fire Force in case of accident or to the dependents of such persons in case of death
while they were engaged in helping the Fire Force in the discharge of their duties;
(f) for the training, discipline and good conduct of the members of the Fire Force;
(g) for the speedy attendance of the members of the Fire Force with necessary
appliances and equipment on the occasion of any alarm of fire;
(h) for sending members of the Fire Force with appliances and equipment beyond
the limit of area in which this Act is in force for the purpose of fire fighting in the
neighbourhood of such limit;
(i) for the employment of the members of the Fire Force in any rescue, salvage or
any other similar work;
(j) for regulating and controlling of the powers, duties and functions of the
Director/Chief Fire Officer;
(k) generally for the maintenance of the Fire Force in a high state of efficiency.
10. Powers of Members of Fire Force on occasion of fire.— (1) On the occasion of
fire in any area in which this Act is in force, any member of the Fire Force who is in
charge of the fire fighting operation on the spot may—
(a) remove or order any other member of the Fire Force to remove any person who
by his presence, interferes with or impedes the operation for extinguishing the fire or
for saving life or property;
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(b) close any street or passage in or near which the fire is burning;
(c) for the purpose of extinguishing fire, break into or break through or pull down
any premises for the passage of hose or appliance or cause them to be broken into or
through or pull down doing as little damage as possible;
(d) require the authority in charge of water supply in the area to regulate the water
means so as to provide water at a specified pressure at the place where fire has broken
out or utilise from any stream, cistern, well or tank or from any available source of
water whether public or private, for the purpose of extinguishing or limiting the spread
of such fire;
(e) exercise the same powers for dispersing an assembly of persons likely to
obstruct fire fighting operation as if he is the officer in charge of a police station and as
if such assembly is 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 fire or for the protection of life and property.
(2) Any damage done on the occasion of fire by the members of the Fire Force in the
due discharge of their duties shall be deemed to be damage by fire within the meaning of
any policy of insurance against fire.
11. Powers of Director/Chief Fire Officer to make arrangement for supply of
water.— The Director/Chief Fire Officer may with the previous sanction of the
Government, enter into an agreement with the Authority in charge of water supply in any
area for securing the adequate supply of water in case of fire on such terms as to payment
or otherwise as may be specified in the agreement.
12. Powers of Director/Chief Fire Officer to enter into agreement for assistance.—
The Director/Chief Fire Officer may with the previous sanction of the Government enter
into agreement with any person who employs or maintains personnel or keep equipments
for fire fighting purpose. To secure on such terms as to payment or otherwise as may be
provided by or under the arrangements of the personnel or equipment or any other
assistance for the purpose of dealing with fire in any area in which this Act is in force.
13. Preventive Measures.— (1) The Government may by notification in the Official
Gazette require owners or occupiers of premises in any area or of any class of premises
used which in its opinion are likely to cause risk of fire, to take such precautions as may
be specified in such notifications.
(2) Where notification has been issued under sub-section (1), it shall be lawful for the
Director/Chief Fire Officer or any Officer of the Fire Force authorised by the Government
in this behalf to direct the removal of objects or goods likely to cause the risk of fire, to a
place of safety and on failure of the owner or occupier to do so, the Director or any such
officer may after giving the owner or occupier a reasonable opportunity of making the
representation, seize, detain or remove such objects or goods.
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CHAPTER III
Acquisition of Fire Fighting Property
14. Prohibition against transfer of fire fighting property.— No local authority of
any area in which this Act is in force shall transfer or otherwise part with any fire fighting
property without the previous sanction of the Government.
15. Requisitioning of fire fighting property.— (1) The Director/Chief Fire Officer or
any member of the Fire Force who is in charge of a fire fighting operation may, if in his
opinion it is necessary so to do for the purpose of extinguishing fire in any area,
requisition and take possession of any fire fighting property in the possession of any local
authority or any institution or individual.
(2) As soon as may be after the fire fighting operations are over, the Director/Chief
Fire Officer or the member in charge of the fire fighting operation, as the case may be,
shall release the property taken possession of under sub-section (1) from requisition and
restore the same to the local authority, institution or individual from whose possession
such property was taken.
(3) Where any fire fighting property is requisitioned under sub-section (1), there shall
be paid to the owner of such property compensation the amount of which shall be
determined in accordance with the principles hereinafter set out, that is to say—
(a) Where the amount of compensation can be fixed by agreement between the
Director/Chief Fire Officer and the owner of the fire fighting property, it shall be paid
in accordance with such agreement.
(b) Where no such agreement can be reached, the Director/Chief Fire Officer shall
refer the matter to the Magistrate having jurisdiction over the area in which the fire
fighting property was kept and the Magistrate shall after hearing the parties and such
other persons as he deems necessary, fix the amount of compensation taking into
consideration the rent which the fire fighting property would normally fetch if rented
out for a similar purpose. The order of the Magistrate fixing the amount of
compensation shall be final.
16. Acquisition of fire fighting property.— (1) If, after making such inquiry and
investigation as it deems necessary and after giving the local authority an opportunity to
make its representation, the Government is of opinion that the standard of efficiency of
the fire fighting personnel and equipment maintained by the local authority is not
adequate to meet the normal requirements of the area, the Government may acquire the
fire fighting property of the local authority by publishing in the Official Gazette a notice
to the effect that the Government has decided to acquire such property on payment of
compensation, a copy of such notice shall also be served on the local authority.
(2) When a notice as aforesaid is published in the Official Gazette, the property
specified in such notice shall on and from the beginning of the date on which the notice is
so published, vest absolutely in the Government free from all encumbrances.
17. Principles and method of determining compensation.— (1) The Director/Chief
Fire Officer or any Officer authorized by the Government shall as soon as may be after
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the publication of the notice under sub-section (1) of section 16 determine the amount of
compensation payable in respect of the fire fighting property based on the market value of
the property on the date of publication of the said notice, that is to say, the price which it
would have fetched in the open market if it had been sold on that date, provided that
before determining the amount of compensation, the Director/Chief Fire Officer or the
Officer, as the case may be shall give the local authority an opportunity to state what in
its opinion is a fair compensation.
(2) The Director/Chief Fire Officer or the officer, as the case may be, shall after
determining the amount of compensation payable, give notice to the local authority of the
amount of compensation so determined.
18. Reference to Court.— If the local authority agrees to accept the amount so
determined, it shall be paid in accordance with such agreement otherwise the
Director/Chief Fire Officer or the Officer, as the case may be, shall refer the matter to the
court having jurisdiction over the area, in which the property is situated and the court
shall, after hearing the parties and such other persons as it deems necessary determine the
amount of compensation, which appears to it to be just, and in fixing the amount of
compensation the court shall have regard to the market value of the property on the date
of issue of notice referred to in sub-section (1) of section 16.
19. Appeal.— Where the Government or a local authority is aggrieved by the decision
of the court under section 18, it may within thirty days from the date of such decision
prefer an appeal to the High Court.
CHAPTER IV
Penalties
20. Penalty for violation of duty, etc.— Any member of the Fire Force who,—
(a) if 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 or resigns without permission or without
having given previous notice of at least two months; or
(d) being absent 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 in contravention of the provisions of
section 24,
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 member or with
both.
21. Failure to take precautions.— Whoever fails without reasonable cause to comply
with any of the requirements specified in a notification issued under sub-section (1) of
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section 13 or of a direction issued under sub-section (2) of that section shall be punishable
with fine which may extend to one thousand rupees.
22. Punishment for wilfully obstructing fire fighting operations.— Any person who
wilfully obstructs or interferes with any member of the Fire Force who is engaged in fire
fighting operations shall be punishable with imprisonment which may extend to three
months or with fine which may extend to one thousand rupees or with both.
CHAPTER V
General and Miscellaneous
23. Training Centre.— The Government may establish and maintain one or more
training centres in the territory for providing courses of instruction in the prevention or
extinguishment of fire and may close down or re-establish any such centre.
24. Bar to other employment.— No member of the Fire Force shall engage in any
employment or office whatsoever other than his duties under this Act unless expressly
permitted to do so by the Director/Chief Fire Officer.
25. Transfer to other area.— The Director/Chief Fire Officer 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 dispatch
of the members of the Fire Force with necessary appliances and equipments to carry on
fire fighting operations in such neighbouring areas and thereupon all the provisions of this
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/Chief Fire Officer may specify.
26. Employment on other duties.— It shall be lawful for the Government or any
officer authorised by it in this behalf to employ the Fire Force to any rescue, salvage or
other work for which it is suitable by reason of its training, appliances and equipments.
27. Liability of owner of property to pay compensation.— (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 damages
to his property on account of any action taken under section 10 of this Act by any officer
mentioned therein or any person acting under the authority of such officer.
(2) All claims under sub-section (1) shall be referred to the Collector within thirty days
from the date when the damage was caused.
(3) The 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 liable for the same. The order so passed shall have the force of a decree of a Civil
Court, and shall be subject to an appeal to the District Judge having jurisdiction over the
area in which the property is situated.
28. Inquiry into origin of fire and report to Government.— Where any fire has
occurred within any area in which this Act is in force, the Collector shall ascertain the
fact as to the origin and cause of such fire in consultation with the Director/Chief Fire
Officer and shall make a report thereon to the Government.
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29. Power to obtain information.— Any Officer of the Fire Force not below the rank
of an Officer in-charge of a fire station may for the purpose of discharging his duties
under this 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 and the means of access thereto and other material particulars and such
owner or occupier shall furnish all the information in his possession.
30. Power of entry.— (1) The Director/Chief Fire Officer or any member of the Fire
Force authorised by him in this behalf may enter any of the places specified in any
notification for the purpose of determining whether precautions against fire required to be
taken on such places 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 necessarily caused by any entry made under
sub-section (1).
31. Consumption of water.— No charge shall be made by any local authority for
water consumed in fire fighting operation by the Fire Force.
32. No compensation for interruption of water supply.— No authority in charge of
water supply in an area shall be liable to 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 10.
33. Police Officers to aid.— It shall be the duty of the police officers of all ranks to
aid the members of the Fire Force in discharging their duties under the Act.
34. Indemnity.— 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.
35. Power to make rules.— The Government 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 powers, such
rules may provide for:—
(a) the number of grade of officers and members of the Fire Force;
(b) the manner of appointment of members of the Fire Force;
(c) the form of the certificate to be issued to the Members of the Fire Force;
(d) the conditions of service of the members of the Fire Force including their ranks,
pay and allowances, hours of duty and leave, maintenance of discipline and removal
from service;
(e) the circumstances in which and the conditions subject to which members of the
Fire Force may be dispatched to carry on fire fighting operations in neighbouring area
beyond the limits of the area in which this Act is in force;
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(f) the conditions subject to which members of the Fire Force may be employed on
rescue, salvage or other works;
(g) the manner of service of notice under this Act;
(h) the payment of reward or compensation to persons, not being members of the
Fire Force, who render services under clause (d) or clause (e) of section 9;
(i) the compensation payable to members of the Fire Force in case of accidents or to
their dependants in case of death while engaged on duty;
(j) for the employment of the Fire Force or use of any equipment outside the area or
on special services; and
(k) any other matter which is to be or may be prescribed.
M. RAGHUCHANDER
Secretariat Secretary to the Government of Goa,
Panaji-Goa. Daman and Diu
Dated 17th October, 1986. Law Department (Legal Affairs).