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"
' »"
"' '1
,4 PUBLISHED
\BY
AUTHQRITX
,4
'80 I240;
1444314441.
Mofiday, '
March
15,1993 (24443444444. 24,1914)
,
GOVERNMENT OFMANIPUR
SECRETARIAT IAW &
LEGISLATIVE
AFFAIRS
DEPARTMENT }
NOTIFICATION
A
Imphal, .Ihe15th
March, 1993 _
,
_ No. 2/35/92-ch/L. ~—The
foIIowing Act of
the LegisIature,
Manipur
which:
med assegt of the
Governor of
Mamput
on
II-3-93
is
hereby
puin;hed m
E
,
,
31.1"»'130M7CHA
'SINGH,.
43
2:35», Sebrefaty'(LaW}-td
théfiovt.' 6f
Manipu}. C(flieanipmAct, No. 2
0311993,)
I
l i i
I
i
I
'
,
to
1129er
for
the
maintenance
of aFire
Service
for
the
State
of
Mamjmr.
7.
4
'
BEE
:35.
{I
EhStatelegslature ofizManipur'miheFGICY'thlfd
9f '
r?
,
_ theRepublIc0 minasfollows:—-
M
'
:
7
' 5342444433;mmcommencement—(1)
This
Acf "
~ ,
Mampnr Bias;
Service
Acffifim _
.
4 :343:3 3%
f?
"
7
4
~ '
(2) It
extendgéeeghs
whereof
the'v'smeof
Mampur ,~ 3,4_
(3)
itsfia'll came'mtom in
44434areaand
fir'i'gjmm by: summing
rm time
433':
4
3:4
beiéaIIgfdi.Ihe'
4
:j" .'2
,
3:, 1,7
-
3
. 4
,
Ir_ 1 :4!
2
s4. smsfiammemmmnme Efibiecs '
or
contest-— (a)
(b)
"Directbr" means
the
Director
of the Manipur
Fire
Service
abdomenunder Section 4
of
this
Act ;
,
H
'
"Firefighting
Property"
includes—
(i) landInd
buildins': directly er
Indirectlrconmciyd
withfire
fighting;
(ii) fire
engines!
pagipnnentsk
tools,
WWW
in"; things Whatsoever used
forfire'iightm'g'; ~
,M .
, ~ , » t
W. Gill
139191: Yehiclesand othermeans
oftranmm j
.
,7
.
-, Tit!)
uniformsand
badges of
ranks I;
(0)
(d) s)
(f) is
(8.)
(h) (i) (.i) (k) ztiarr'e'.» '=: 3-9.»: ~,-, ,
(5'1" ,.. :i
f";
"
Explandtian.——Godowns,
factories, workshopsa
buildings, shops, firefightinkiafid-
7
it
a.
.
"Fire:
statics"
means
ads/post on
placedeclascdegenerafly
0:
remain a
notification in' the"
Oflicial Gazette
by
the
State
,Government Be a
Fire Station and also
includes
a
Fire
Sub-Station;
"Fire
Service" means
the
Manipur Fire
Service
maintained
under this
Act;
"Licencing
Authority",
means the
Deputy
Commissioner or such
officer as.
may he
authorised
-by~the
Stateifiovernment; '
-
"Member? 'inCiudes 'a
member of
the Fire
Service who
perfcrms £1!me Supervisory,
executiveand
operational
duties in such
ranks as
may be prescribed bythe
State Government;
"Qficer-inycharge of a Fire
Station"
includes when the
oflicer-in-chargeof '
the Fire
Station is
absent from the
Fire
Station or
unable from
illness or other cause to
perform
his
duties,
the Fire
Officer present
at
the
Stationwho is next
in rank to
such Oflicer or
any other
officer
holding charge
ofthe Fire Station in
the
absence
of
the
oflicer-in-charge;
"Place" means
either enclosed or
covered
or
open
land
having buildings.or
premises
itithiniseventyfiie
'feet on
any
side
or
its
surroundings; '
"Prescribed" means
prescribed
by'nilesihéde under this
Act;
"State
Government" means
the
State
Government of
Manipur; '
"Warehouse" means
any
building 0;; place
used whether
temporarily
or permanently for
storing,
keeping
or
otherwise
dealing
in
any
manner
of such .articles
which in
the oplnlon ofthe State
Government are
considered as
inflammable. s
a ' ,.- Ste-désalibe _,
1
r in any
manner
firm" Macadam-Witt 5%ng as Wellness?
- _ ~ for
the purpose (1): 5' its
Pia-M.s
M'dma.' sea?" «heather, , .. '
trig?
iggarii' dh'
£33;th
o "
s or
biraagmggfl:
'
" "
:2
the
1&0» of
the
State'Gomt 3m" e
'. of
such
article;
Whi'ih.'
in 0 considered ,
as
'i'nflammbkg, '1
s' \'3 am
mafia-W's
in..." , ;
,mmNANéE" or: me
Pm! sfiv'tfi
f
,
3.
"Maintenaneegoflrire Serficeza—Thare shall
hemaintainedfiy
fie State Gaming-a Eire Simice
to
be
called the
Manipur
Fige
Seem.
» ' ~
4.
Appointment
of.
Director of
Manipur
Fire
Serviceiéfhe State
Govern-'Mitts may
appoints person
:to
'hethe
Direet'm of
Maeipur_Firer9$erVioef~
5.8
Supenntendenceand
'cohtr'ojl' 'of' the
fire Serving—9(1) The superinten— dence» and
central
OF the
Fire
SirVice shall'vest.
'11: the
Djrectbrx.
and
shallbe carried on
by
him in
accordance with the
provisiOnI
of
this Act and
of anyrule
shade
thereunder.
'
' ~
(2) m
State
vaem'mmt "may
apbbiet'
sys'fi 9mm sshieay
deem
fit to
assistthe Qire'ctérhth discharge
ofhis/dgties';
_
,7.
,
3:
_
6.
Appointment
of
subordinate members
otthe
Fire
Serviceju—I'gp
Qirectororsuch other
ofliéer
of the
Fire
Serviceasthesgtate' Gwen; .
2mg authorise inthjs
behalf «sha'lI
appoifit members
of' the
Fire
"Se"r'i'ice" o
the»;§gbordinateranks in
accordance
with the
rules
made under
this Act. g
,
'
7.
Issued! Cflflficutcs
to "members
heme" Serme*v€1)Everyperson shall, '
on
arpmhmunttq "Illenlz'i'te~
s,e1:vi'ce,_.ms>eivee sertefieate.in~the assumed
form under
theseel
of
the
fiirecfor or
anf-ofilcer authoriseéin this
behalf
by?
the
State
3 Government and
thereupon
suCh
~pen-smushall hm the powers;
functions and privileges
of a
member of
the Fire
Service under this Act. e
—
(2) Thecertificate
ref'
Ledgto;
19,-,
sub—seetign 1.1):
"shall smegmshsve efl'ect when
the person
named
"t
ei'eih
classes
"for any
reason to
beat
member
of
the Fire;ng and
on
his
ceasing
to
heme}:
member,
he shall
forthWith surrenderthe
certificate to any officer empowered
to
receive the same. eSQDuging In!
PGI'iod at
suslzrension,~ the
powers,"vest ''' shall
continue to
be
subject
to
the same
discipline
and
penalties
as
he
would
haw: beenifhehadKnotbeen suspended.
.
-. 7 " r - -
1
Ame-s: acmevwmw tsmte ensue:
Gem Servwe'hy'enrdlmefit of'Vo'lunt'eei-s for such areas
and on
such
tennis'm
eoni '
ditions as
it may deem fit. 94%mums Servicelie'hwsys
osdut'yandnaybeemytoyw $55313 part
afiithel
gate—Ever; membeexotzthe. Eire Service
shellgfor'slrpirpmeyinthis
Automakedg becmssieemdr til/be
stwsys
93'
duty;
and
may
'at
any
time
be '. \v—Vu .... employedin
anymtOflhe'Slam g
_
.t
,EOWERS
BRIE?
.555?!
qwfisumm,
7
H WEDIRBCITQRAED;
M
"
«Bees
art-me Hes
sewer: -° my.
<9
"s
JEGESCSQIWwithsuch
amines":
a. :.«'C ~vr' we;
{£3 10?»:1'3ivei 6% e~r7
(MW
therein
«Jesse-Th3; 32mm '
'
frm
(the to
tisge',
make such
general
or
special
orders as
it
thinfifi.—'— o
,
'4 -' 'fi
'i/H'",
6' r
_
l
I
4
8
dismal-yo 1seem
(b) for
Pfifidflayudeqlxate supply of water stifle foresecurmg
thatit
7
shall
av ilabl
for use,
7
(c) forcensttucthrg orproviding
stations or
hirin
places for;~ accommodating theméf'mbers oftheFireService and8its are
fighting ' appliances , , '(d)
forgiving rewards topersonsthave
given noticer5:
firesahd?
to
those
who have rendered
effective service to
the
Fire
Service, 3(e)for the
tra1n1ng,
dismphne
slid
good
conduct of
the
members of '-
.3
the Fire
Service,3.0, ,. '
(f) for
deciding or
determming the
cadreor
termsandconditions"
of
service
of
the
members
of
the Fire
Semeeand
also
members of other stafi'or
creating
such
other
{Pinhead
framing rules'1n
respect <4 of service
conditions
and
conduct
i'ules as
it maydeem fig; ,
(g) forthe
speedy attendance ofmembersofthe FireService
With:' necessary
appliances
and
equipments on
the
occasion
of
any
firealarm;
,_,-.
(h) for
sending members of the
Fire serviceWith
appliances
and' »
equipments
beyond thelimits ofany area inwhichjhisAct is in
force for purpose of fire
fighting
1n
the neighbourhood
of
su_c1r;_
,
' limits on such terms and
conditions and
under
Such eXIgenCles if?
of situation as
it
deems proper,
,
(i) forthe
employment ofthe
members of the Fire
Service in
any
3
rescue.
salvage
or
other
special type
of jebS' ,
,3
,1
(,1) for
regilating and
Controlling the
powers, duties and
functions;' 0f the
Director and
other members
of
the Fire
Service can
,.
(k).
generally-inL'JIhexm-iiintcnsnce ofthe Fire
Service
in a
due
state?) 17,-
.,
'
'0"
I
c , ,3". a '
' >
73
3
'1;
11.
Preventive measures and licences:——(l) The
State Gayernment
may, ' ' by
notification in the
Oflicial
Gazette,
require
owners or
occupiers of
premises in an); :or/ot any class
of
premises
used for
purposes
which
in its.
pinion are
His};
to
cause a
risk
of
fire
to
take
Such
precautions as
may
he ,
petrified -»
in
such notificatron..
. V, , 1
{2) No
building or
place
shallbeused asa
warehouse or
as a
workshop- unless
the3 11%?
her or
ocpupier
thereof
shall have
previously '
this
Act.
icience
for shch
use and thatnolicence tousean '= ?' place a; anWarehouseshall be
granted
unless
anelsbmldiags orplacese"cm ,' to such
precautionary
measures taken
by
the owner or occupier
thereofas may be
directed
by
the
Licencing
Authority
(3) Theowner or
ecéhmcr :1:
e3?
befitting
or place
Which was
being used as
a
W
mimmd'mely ehefére the
date
on' which this "Act
comes into
force 8
have
to
apply
for
obtaining
a
licence
from
cfiap
rjatejt; LIcencWorjty; Withm
wshn'ty
days: from theédimion
é_'"
comes bums1;; -
i
-
(,4
Wm contender thisAct sea
tse'wrtlrérawn i:
suds gmm'lty
who
granted
it. /y
5;, '
(5)
Whereonapplication, a
licence or renewal
of
a
licence
is,
refused; Withdrawn or
suspended, the
Licensmg
Authority shall record in
writing
the reasons for such refusal
With
due
intimation to the
applicant; W; SLb-SECtiOn
(2)
above shall be
"required I renewal shall
be made
to the
Licensing Director and
the
Licensing Authority ecommended by the
Director. (6)"
Every
licence
granted
under to be renewed
annually. Application
to '
Authority whoshall'refer the caseto
the shall
grant or
refuse renewalas may be r
.
12.
Appealsz—Any
peISon agriev'ed
,hy
fan order of the
Licensing
Authority refusing, withdrawing cr
suspending any licence may file an
appeal
before the prescribed
Authority in jprescrihed'manner within
thirty days of
such refusal, withdrawaleor suspension provided thatfor) thepurpose of
this
section the rescribed Authority
meanstheDirector in cases where
the
Licensing Authority g anofiicer
subordinate to theDirectorand the
State
Government
where the 'Licensing
Authority isthe
Director or the
Deputy Commissioner. 13;
Power
to seize,
remove or
destroy goods, etc. :«-In case awarehouse isrdetected using itwithout alicence, itshall be lawful fortheDirector or anyoffices authorised
by the
State Governmentin this
behalf, todirect removal of
prescribed article
likelyuto
cause risk offire to a
place, of
safety
and onfailure of the Director orsuch otiicermayseize, detain,the
owner
or
occupier:
to do so, remove, dispose of or
destroy such-
objects orgoods in
such
manneras
may be prescribed
by the
State Government. The Director orsuch ofiicer as maybe authorised willnot-be
liable to *
pay anyicompensationin
any
manner
to any person in
this
respect. .-
-
1;
.
' r
with muselhr authority is shasseflmwetea
seep}!
in
the area
to
.
' u ' late the
watetfmelus.
sedans, t9:provid§
tester"
we"
sriecifisd pressure "at
the'"place
Wherefire"has brake} outshd
Tma'flfé , water
of any stream,
cistern, well
or
tank or
any other mglafifir '
,
source of water,
oubliflor priyatefor theyur—pgsegofgefiinfigglshiag
7
or
limiting
the
spread
of
such
fige'
presided'lh'et
in
.fc'
f
ee'éléegy damage done to anysourceof
.wgter, stregm,_;gisterh;
£5.19; E?
belonging to
member ofthe
public or. asSociétiofi "or""bo'
Y» corporate
While
utilisirlgWater
in
accordance withri-thermrogisions of
"this, section
under this Act, theState
GOVGEllmeQL
may
ehténta'm. at its
discretion,;
'el'air'hs jar goraeerisatigq piefgrgrlfijy'"
saggy, ease" ,
:
~afl'ertedperson orparty or bodycorporate Vas'the; . be,:
7
onmerit'
ofjeach
ease; '
,
» ~
i g
ic)'
exercise thesame powers
fit;-
diSpersing an
assembly of
Regime likely toobstructthe fire
fighting 'roperetions as
if'hekxs merefioep '
ill—charge ofPolice
Station and asifsuch an
assembly'sis
Pan '
'
unlawful assembly
glad
shall be
entitled
to the same
immunities
and protection
as-xsuch anOfficer in
respect of the
exercise
o'F'such powers and l
8
V
(2) Suchportion of the
total
proceeds ofthe FireService FeeastheState Governinent' may determine
shall be
deducted tomeetthe costofcollection of
'
theriFee. _ x
of (3)
/
The
proceeds
of the Fire
'Service Fee collected under
this
Act, redumd r by the
cost.ofcollection
shall
be paidto theState
Government in
such
manner »
and at
such
intervals
as
maybe
prescribed.
,
lefi
Fixation offeesand
procedure for
payment—(l)
Ther'State
Government:
may
prescribe
such
fees
and
such
procedure
for-payment
of
feesas it
may
deem fit
for
granting
fanylicence
underany
of the
provisron of
this
Act.
(2) The
.State Governmentmayprescribe suchfees and such
charges and suchconditions asitmaydeem fitfor thepurposeofdifl'erent
types of"
special jobs thatmaybeundertaken by the
Manipur Fire Service andthat the
Authority onwhose
request such
job is
undertaken
will be
bound to make such
payment. -
'
'
5-
,,
(3)
Where
members of
the
Fire Service are sent
beyond the
limit
of any '
areain whichthis Act
is in
force,
in order to
extinguish afire in
the
neigh- bourhood ofsuch
limits, the
owner or
occupier of the
premises
where
the fire ficfim'rcd- or
spread
shall
be liable
to
pay such
fee
as
may be
prescribed in this e a!.
'
\
,
(4)
The
fee referred
to sub-section
(1), (2)
and
(3),
shall be
payable within onemonth of the
serviceof a
notice ofdemand
by theDirector on the owner or the
occupier
and it
it is not
paid
within.
that
period,
it shall
be recoverable as
an
arrear of landrevenue. AC—QtllSlTlONflbF FIREFIGHTING
PROPERTY
27.
Acquisition offire
fighting
property:-- (I)
Wlfrafrer making such
enquiry and
investigation
asit deems
necessary and
after giving
the
Local
Authority an opportunity to makeits-representations, the
StaterGovernment is of
Opinion that the
standard
of
efliciency
of the fire
fighting
personnel
and
equipment '
maintained by theLocal
Authority is.not
adequate to meet the
normal
require- gnents of
therareas, theState Governmentmayacquire
the fire
fighting
Property of '
the
Local
Authority bypublishing in theOfficial
Gazette a
notice to the
effect that theState
Government'hasdecided to
acquire such
property on
payment of its
market
value; a
copyofsuch
notice shall also
be served on
the Local Authority.
(2) When anotiCe as
aforesaid is
published in the
Oflicial
Gazette, the property
specified in suchnotice
shall, on
and from the
beginning ofthedateon. which-the
noticeis so
published, vest
absolutely in the
State
Government, free -
from all
encumbrances.
4:
28,
Prohibition against
transfer
of
fire
fighting propertyz—Np
Local
Authority 'of
any area 7
in
whichthis
Act isinthree
shall,
after(thecommencement '31,. thisAct in thatarea, transfer or
otherwiSepart withanyfire
fighting
"prbperty
without the
previous
sanction of the State Government. , _,
29.
Principles sin
method or
determining oompensation:—(l)
The agmeuntfof '
compensation payable in
steepectbf any
firefighting
propertyf acquiged, «under
"this Actshallbe the
prevailing
market
valueof
csuch'propertyon
i.th,e'dat9;:_.gf *
'issue' of 'thenotice referredtoin
section
27.
9
,
,.rr-
_'___
(2)
the
amount of
compensation
shallbe
determined
in
the
manneranfl in
accordance
withtthe
principles
hereinafterset
out, that is to
say-— - 7
(a) where the amount of
compensation
can
be fixed
by agreement,
it
shall be
paid
in
accordance
with such
agreement;
(13)
wherenosuch
agreement can be
reached, '
the
State
Government
shall appoint
arbitrator, a
personwhoisor
has
been or
is
qualified
for appointment asa
District and Sessions
Judge; "
,
,
' (c)
the
State
Government may in any particular
case
nominate apersan :' _
having expert
knowledge
as to
the nature
of the
property acquired to
assist
the
arbitrator
and where such nomination
is
made,
the
Lane! Authority
concerned mayalsonominate an assessor
for
the same Purpose; ,_' y
(d)
at the commencement
of the
proceedings
before
the
arbitrator,
the W State
Government
and the Local
Authority
shall state
what
in ' _
,
their
respective
opinions
is
a
fair amount
of
compensation;
,_
A
(e)
L
The
arbitrator
shall,
after
hearing
the
dispute,
make an
award determining theamountof
COmpensation
which appears to him, to
be
just
and
in
making
the award
he shall
have clue
regard
to the
circumstances
of
each case and the
provisions
of this
section and
nothingin
the
Arbitration
Act,
1946
shall
apply
to
arbitratipns \ under
this
section.
; ' - ' "
30.
Powers
of
arbitratori—The
arbitrator
appointed
under
section
29(2)(b)while
holding
varbitration'proceedings
under:
this Act,
shall have all
the powers of the Civil Court while
tryinga
suit
under the Code of
Civil
Procedure,
1908
3(Act
V2..of
1908) in
respect
of the
following
matters
namely
5— (a)
summoning and
enforcing
the
attendance of any person and examining himon
oath; '
r(b) requiring the
discovery
and production
of
documents;
:
,(c)
receiving
evidence
on
affidavits
j
and '
(d) issuing
commissions (for'
examination of
witnesses.
31.
Appeals
'from award
"in
respect
:of
~,compensation:'——-Where
the
State Government or a
Local
Authority
is
agrieved by
an
award of the
arbitrator s
under section
29,
it may within
thirty days
from 'the
date of
such: award prefer an
appeal to the
District and
Sessions
Court
within whose
appellate- jurisdiction the
acquired property is
situated. ,'
"
Q
-.~ '
~
-
"
PENALTIES
'
32.
Penalty
for
violating preventive
measures
f—(l)
Any
person
who
violates an: \valhegpmvision; rule
1.1.
1-5,- 16
endsl'lof'
this Act»
shall
be
punishable =31 an
admittimf Meters
"Magistrate '
with
imprisonment whieh'
may sextend'
to
two» :Wfiumith
fine'fnhich{-may'i»extend;to _Rs.r
50001-4»:
iwith'
h,_ '
'
z m
nary -,'2 .43;
j v.
a
"a;
12
,
(2) All
claims under sub-section (1)
shall be
preferred tothe
District; 'Magietrate
within
thirty
days from the date when the
damage} was
caused"
(3) TheDistrict
Magistrate
shall,
after
giving the
parties an
opportunity of being
heard,
determine theamountof
compensation due
and pass an order
stating suchamountandtheperson liableforthesame andthe
order so
passed
shall
have the force of a
decree of a
civil court. /
43.
Power toobtain
information
f—Any
officer of
the
Fire Servicenot below therank
of Officer
iii-Charge of aFire
Station orSub-Station may for the
purpose of
discharging hisduties
undertheAct
require the
owner or
occupier
of any
building or
other
property
to
supply
information
with
respect to
the character
of
such
building orother
property,
the
available,
water
supplies» and themeans of accesses thereto
and any other material
particulars
and- auch
owner or.occupier.__
shall furnish
all
the.
information inhis
possession. ~
44 Power
of
entry.——(1)
The Director or
any
member
of the Fire
Service authorised by him in this
behalf may
enter anyof the
place
specifiedinany notificatiQn
issued
under
section11
(l) for thepurposeof
determining
whether precautions
against fire
required tobe
taken onsuch
place
have
been sotaken.
(2) Noclaim shalllie
against any
person for
compensation fer
any damage
necessarily caused
by any entry made
under sub-section
(1).
'
45
Consumption of
waterf—No
charge or
objection
shallbemadeor raised byanyLocal
Authority orindividualforwater
consumption in fire
fighting operations by theFire
Services e-
46. No
compensation
for
interruption
of
water
supply: —No
authority
in.' charge ofwater
supply inan areashallbe
entitledto anyclaimforcompel):
cation for
damage
by
reason of any 1nterrupt1on of
supply
of water
occasioned by compliance of
such
authority with
the
requirement
specified in
clause
(d) of section 22. -
47.
Police; OifiCers
to
aidi—It
shall be the
duty
of
Police Oflicers
of
all ranks to aid the members of the Fire Serwce1n
the
execution
of thier
duties under
the Act
48.
Information onout
break offire
:——Any
person
who possesses any informa— ti'on
regarding an
outbreak offire
shall communicate
the same
by
quickest
means to the nearest
Fire
Station. 49.1ndemnitys:—-No
Suit,
prosecution orother
legal
proceedings
shall lie against anymember of
theFire Service for
anything
which isin good
faith done or intended to
be
done.'1n
pursuanceofthisAct or
any rule or order made
thereunder}:
50 Powerto make
Rules :'--(1) The State Government may, by notificatlon in the
Oflicinl
Gazette,
make
rules
for
carrying
out
the
purposesof
this
Act '