The Gujarat Fire Prevention and Life Safety Measures Act, 2013.

Extra No. 11 REGISTERED No. L2/RNP/G/GNR/84 
<UN!s <-tCll"6ll.t't E~ ~l. .Jooo/-

© 
tEbt ~ujarat @obernment @a;ette 

Vol. LIVI 

EXTRAORDINARY 
PUBLISHED BY AUTHORITY 

MONDAY, APRIL 1, 2013/CAITRA 11, 1935 

Separate paging is given to this Part in order that it may be filed as a Separate 
Compilation. 

PART IV 

Acts of Gujarat Legislature and Ordinances promulgated and 
Regulations made by the Governor. 

The following Act of the Gujarat Legislature, having been assented to 
by the Governor on the l st April, 2013, is hereby published for general 
information. 

C. J. GOTHI, 
Secretary to the Government of Gujarat, 

Legislative and Parliamentary Affairs Department 

GUJARAT ACT NO. 11 OF 2013. 

(First published, after having received the assent of the Governor, in 
the "Gujarat Government Gazelle", on the ls1 April, 2013). 

AN ACT 
to make effective provisions for the fi re prevention, safety and protection of 
life and property, in various types of buildings and temporary structures or 

shamiyana or tents or mandap likely to cause a risk of fire in different areas in 
the State of Gujarat and for matters connected therewith or incidental thereto. 

WHEREAS it is expedient to make effective provisions for the fire 
prevention, safety and protection of life and property in various types of 
buildings and temporary structures or shamiyana or tents or mandap likely to 
cause a risk of fire, in different areas in the Stale of Gujarat, fire service fee, 
constitution of a special fund and for the purposes connected therewith or 
incidental thereto; 

It is hereby enacted in the Sixty-Fourth Year of the Republic of India 
as follows:-

IV-Ex.,-11 -1 11 -1 



11-2 

Short title, 
extent and 

commencement. 

GUJARAT GOVERNMENT GAZETTE, Ex, 01-04-2013 

CHAPTER I 
PRELIMINARY 

[PART- IV 

1. (1) This Act may be called the Gujarat Fire Prevention and Life Safety 
Measures Act, 2013. 

(2) It extends to whole of the State of Gujarat. 

(3) It shall come into force in any area on such date as the State Government 
may, by notification in the Official Gazette, appoint and different dates may be 
appointed for different areas and for different provisions of the Act. 

Definitions. 2. (I) In this Act, unless the context otherwise requires, -

(a) 

(b) 

(c) 

(d) 

(e) 

"building" shall have the meaning assigned to it in the GDCR or 
relevant law or any law for the time being in force in the area in which 
this Act is in force; and includes places or premises comprising land or 
building, or part of a land or building, outhouses, if any, appertaining 
to such building or part thereof and petrol, diesel or gas lines, 
communication lines, power installations or pumps, whether 
authorized or otherwise; 

"building bye-laws'' means the building bye-laws, rules or 
regulations made under any relevant law and includes GDCR or 
regulations, by whatever name they are called, or any other building 
rules or regulations made under any other law for the time being in 
force and are in operation in the area in which this Act is in force; 

"Chief Fire Officer" means a person as classified under section 
10; 

"Commissioner" shall have the meaning assigned to it in clause Bom. ux of 

(9) of section 2 of the Gujarat Provincial Municipal Corporations 1949. 

Act,1949; 

-
"Director" means a person appointed under section 6; 

(/) "disaster" shall have the meaning assigned to it in clause (h) of 
section 2 of Gujarat State Disaster Management Act, 2003; Guj. 20 or200J. 

(g) "emergency services" means services required to be rendered in 
case of manmade or natural disaster or any eventuality where the life is 
at risk; 

(h) "erector" means a person. or an association of persons, whether 
corporate or otherwise, who erects or makes a shamiyana or tents or 
mandap or any structure for occupation of people on a reguJar or 
temporary basis; 



PART- IV] GUJARAT GOVERNMENT GAZETTE, Ex, 1-04-2013 

(i) " fees" means fees levied under section 30; 

(j) " fire division" means a territory comprising such number of fire 
sub-divisions as may be prescribed; and declared generally or specially 
by the State Government to be a fire division for the purpose of this 
Act; 

(k) "fire prevention and life safety measures" means such measures 
as are necessary in accordance with the building bye-laws or as 
required by or under the provisions of any law or the National Building 
Code of India, for the time being in force, for the prevention, control 
and fighting of fire and for ensuring the safety of life and property in 
case of fire; 

(I) "fire region" means territory compnsmg such number of fire 
divisions as may be prescribed and declared generally or specially by 
the State Government to be a fire region for the purpose of this Act; 

(m) " fire safety officer" means a person appointed under section 12 of 
this Act as the Fire Safety Officer by the owners and occupiers of 
certain premises and buildings as specified in this behalf to ensure fire 
prevention and fire safety measures installed in such premises and 
buildings; 

(n) "Fund" means fund constituted under section 32; 

(o) " GDCR" means the General Development Control Regulations 

11-3 

made under clause (m) of sub-section (2) of section 12 of Gujarat President's Act 
No. 27 of 1976. 

Town Planning and Urban Development Act, 1976; 

(p) "Licensed Agency" means a person or an association of persons 

(q) 

licensed under sub-section ( I) of section 28; 

" Housing Society" includes all registered residential and non­
residential or mixed housing societies, association of owners or co­
owners of flat occupancy, building premises and associations of 
owners as defined under the Gujarat Ownership of Flats Act, 1973; 

(r) " local authority" means a municipal corporation, nagar 
panchayat, municipality, district panchayat, taluka panchayat, gram 
panchayat, notified area committee or cantonment board constituted 
under relevant local authority law; 

Gaj. 13 
of 1973. 



11-4 GUJARAT GOVERNMENT GAZEITE, Ex, 01-04-2013 [PART-IV 

(.s) " Local Fire service" means the local fire service as may be 
notified by the State Government under section 3. 

(I} "National Building Code of India" means the book or books 
containing Fire Prevention and Life Safety Measures to be 
implemented in the buildings, places, premises, workshops, 
warehouses and industries, published from time to time by the Bureau 
of Indian Standards; 

(u) " nominated officer" means an officer possessing the prescribed 
qualifications and nominated by the Director or the Regional Fire 
Officer or the Chief Fire Officer to perform duties and functions laid 
down under this Act; 

(v) "occupancy" means the principal occupancy for which a building 
or a part of a building is used or intended to be used including 
subsidiary occupancies which are contingent upon it; 

(w) "occupier" shall have the meaning assigned to it in· clause (xvi) of President Act 

section 2 of the Gujarat Town Planning and Urban Development Act, No. 21or1976. 

1976; 

(x) "owner" shall have the meaning assigned to it in clause (xvii) of President Act 

section 2 of the Gujarat Town Planning and Urban Development Act, No. 27 or 1976. 

1976 and shall also include the housing society; 

(y) "premises" means any land or any building or part of a building 
and includes the garden ground and outhouse, if any, appertaining 
building or part of a building; and any land or any building or part of a 
building appurtenant thereto which is used for storing explosives 
explosive substance and dangerously inflammable substance; 

(z) " prescribed" means prescribed by rules made under section 57; 

(za) "Regional Fire Officer" means a person appointed under section 
8; 

(zb) "regulations" means regulations made by the Directo·r under section 
58; 

(zc) "sl1amiyana or tents or mandap" means a temporary structure with 
roof or walls made of straw, hay, ulu grass, golpatta, hogla, darma, 
mat, canvas, cloth or other like material which is not adopted for 
permanent or continuous occupancy. 



PART- IV] GUJARAT GOVERNMENT GAZETTE, Ex, 1-04-2013 · 11-5 

President Act (2) Words and expressions used in this Act but not defined shall have the 
No. 

27
of

1976
· meaning assigned to them in the Gujarat Town Planning and Urban 

~0~3_20 of Development Act, 1976 or the Gujarat Stale Disaster Management Act, 2003 
or any other law relating to local authorities, as the case may be, and the rules 
made thereunder. 

CHAPTER II 

ORGANIZATION, SUPERINTENDENCE, CONTROL AND 
MAINT AINANCE OF FIRE SERVICE 

3. ( 1) There shall be one State fire service for the whole of the State and 
all officers and subordinate ranks of the fire service shall be liable for the 
posting to any office of the fire service: 

Provided that, the State Govenunent may, by notification in the 
Official Gazette, declare any Fire Brigade or any other Local Fire Service of 
any local authority of the State, by whatever name called, that the same shall 
form or shall not form the part of State Fire Service at any time: 

Provided further that, this provision shall not apply to the private fire 
services maintained for providing fire protection coverage to specific building 
or industry by the owner or occupier thereof. · 

(2) Notwithstanding anything contained in this Act or any other law for 
the time being in force relating to the local authorities, the State Government 
may, by notification in the Official Gazette, declare the services relating to any 
fire brigade or fire prevention a part of State Fire Service with effect from 
such date as may be specified in the notification. 

(3) Upon such declaration under sub-section (2),-

(i) the officers and employees responsible for providing the fue 
services in the areas of such local authority, shall be deemed to 
have been absorbed in the State Fire Service, subject to such 
terms and conditions as may be notified; 

(ii) terms and conditions applicable to the employees after such 
absorption shall be such as may be decided by the State 
Government, 

(iii) all proceeding pending before any fire officer, immediately 
before the declaration, be deemed to be proceeding pending 
before him in his capacity as the holder of the office to which 
he is deemed to be appointed under sub-clause (2), 

One fire 
service for 
whole of State. 



11-6 

Superintendence 
of Fire Service to 

vest in State. 

Constitution and 
classification of 

Fire Service. 

GUJARAT GOVERNMENT GAZElTE, Ex, 01-04-2013 [PART- IV 

(iv) all assets, rights and liabilities relating to the fire services of 
such local authorities shall stand transferred to the State Fire 
Service, subject to such terms and conditions as the State 
Government may deem fit, 

(v) the State Government may take such necessary actions as it 
deems fit. 

4. The superintendence of, and control over, the Fire Service throughout 
the State shall vest in the State Government and the Fire Service shall be 
administered by the State Government in accordance with the provisions of 
this Act and of any rules made thereunder through such fire officers as the 
State Government may, from time to time, appoint in this behalf. 

5. (1) Subject to the provisions of this Act, the State fire service shall 
consist of such number of staff in several ranks and have such organisation 
and have such powers, functions and duties as the State Government may, by 
general or special order, determine. 

(2) The State Government may prescribe by rules, -

(a) the different posts of the State Fire Service; 

(b) the mode of recruitment of staff, grade of post, the 
qualification, pay, allowances and other conditions of service of 
the officers and other staff engaged therein and matters 
connected therewith; 

(3) The State Government may, by notification in the Official Gazette, 
review the existing pattern of the existing different fire services in the 
State and if deem fit may modify: 

Provided that, for local fire services the rules framed under this sub­
section may not include mode of recruitment of staff, pay, allowances and 
matters connected therewith. 

( 4) Save as otherwise provided by or under this Act, every person holding 
office either as a Chief Fire Officer or Fire Officer or staff or an employee (by 
whatever designation called) on an existing Fire Brigade or Fire Service of any 
authority on the date immediately before the commencement of this Act shall 
continue to hold office on the same terms and conditions as were applicable to 
him immediately before such date and shall exercise such powers and perform 
such duties as before and in addition to those as are conferred on them by or 
under this Act. 

Appotntmentor 6. (1) The State Government shall appoint a person to be the Director and 
Director. such other officers and staff as may be necessary from time to time to assist 

the Director while exercising the powers or discharging the duties or functions 
conferred under this Act or the rules made thereunder. 



PART-IV) GUJARAT GOVERNMENT GAZETTE, Ex, 1-04-2013 11-7 

(2) The jurisdiction of the Director so appointed shall extend to the entire 
State in matters relating to fire services. 

(3) Subject to the control, directions and superintendence of the State 
Government, the Director shall exercise such powers and perform such duties 
as are conferred and imposed upon him by this Act or the rules made 
thereunder. 

7. (1) Without prejudice to the provisions of sub-section (3) of section 6, 
the Director shall, -

(i) function as the Head of Department in the office of the Director; 

(ii) subject to the rules. made in this behalf, the Director may appoint 
subordinate staff only on the recommendations of the Gujarat 
State Subordinate Services Selection Board on such terms and 
conditions of salaries and allowances as may be fixed by the 
State Government; 

(iii) keep liaison with the Central Government and the State 
Government offices for the development of fire services; 

(iv) frame the policies in relation to the development of fire services 
in the State and, on approval by the State Government, take steps 
to implement the same; 

(v) exercise superintendence and control over all authorities in the 
matters relating to fire prevention and fire safety measures; and 
subject to the approval of the State Government, issue such 
directions to any authority in respect of fire services maintained 
or required to be maintained by them; 

(vi) represent the State Government on National and International 
forums with a view to updating the standard of fire services in the 
State; 

(vii) prepare and submit plans and proposals to the State Government 
with regard to the periodical review of fire equipment, fire 
property and fire manpower for effective implementation of fire 
services by the authorities; 

(viii) take or cause to be taken such effective steps and measures in 
cases of major fires, house collapse and other emergency 
services; 

(ix) investigate or cause to be investigated the cause of fire and advise 
the authorities for implementing fire precautionary measures; 

Powers, duties 
and functions of 
Director. 



11-8 GUJARAT GOVERNMENT GAZETTE, Ex, 01-04-2013 [PART- IV 

(x) advise the State Government to set up additional Fire Training 
Centre or Centres for imparting training to the officers and staff 
of local authorities so as also to cater to the need of the various 
factories, commercial and mercantile establishments in the 
private sector and to impart training to officers and the staff or to 
provide ~hem the trained and qualified fire service personnel; 

(xi) requ1s1te fire-fighting equipment of any authority or any 
institution or individual, which in his opinion is required for the 
purpose of extinguishing fire in any area ; and to determine the 
amount of compensation payable in respect of such equipment of 
in the area of which authority, such fire operation is required to 
be carried out; 

(x ii) exercise such other powers and perform such other duties and 
functions as may be conferred, imposed or allotted to him by or 
under the provisions of this Act. 

(2) The Director, with the approval of the State Government, direct and 
regulate all matters of firefighting equipment, machinery and appliances, 
training, observation of persons and events mutual relations, distribution of 
duties, study of laws, orders and modes of proceedings and all matters of 
executive detail or the fulfillment of duties and maintenance of discipline of 
fire officers and members of the Fire Service under him. 

(3) The Director shall appoint such number of officers and employees as 
may be necessary to assist any Fire Officer of the State Fire Services, while 
exercising his powers or discharging his duties or functions under this Act or 
the rules made there under. 

(4) When the Director is informed, on a complaint made or otherwise that 
default has been made in the performance of any duty imposed on an authority 
by or under this Act or by or wider any enactment in relation to firefighting 
measures or operations for the time being in force, the Director, if satisfied 
after due inquiry, that the alleged default has been made, may, by order, fix a 
period for the performance of that duty and communicate such order to the 
authority. 
(5) If the duty is not performed within the period so fixed, the Director 
may appoint such other person to perform it, and may direct that the expenses 
of performing it, with a reasonable remuneration to the person appointed to 
perform it, shall be forthwith paid by the person or the authority, as the case 
may be. 

(6) If the expense and remuneration are not so paid, the Director may 
make an order directing the bank in which any moneys of the person or the 
authority are deposited or the person in-charge of the local Government 
Treasury or of any other place of security in which the moneys of the authority 



PART-IV] GUJARAT GOVERNMENT GAZETTE, Ex, 1-04-2013 

are deposited, to pay such expenses and remuneration from such moneys as 
may be standing to the credit of the authority in such bank or may be in the 
hands of such person or as may, from time to time, be received from or on 
behalf of the authority by way of deposit by such bank or person, and such 
bank or person shall be bound to obey such order. Every payment made 
pursuant to such order shall be a sufficient discharge to such bank or person 
from all liability to the authority in respect of any sum or sums so paid by it or 
him out of the moneys of the authority so deposited with such bank or person. 

(7) The Director or any Fire Officer, authorised by general or special order 
in this behalf, may, for the purpose of discharging his duties under this Act, 
require the owner or occupier of any building or other property as may be 
specified to supply information with respect to the character of such building 
or other property as may be specified, the available water supplies and means 
of access thereto, any other material particulars, and such owner or occupier 
shall furnish all the information in his possession. 

(8) The Director may, with the previous sanction of the State Government, 
enter into an agreement with any fire service or the authority which maintains 
the said fire service, beyond the limits of any area in which this Act is in forc·e 
for providing personnel of equipment or both, for firefighting purpose on such 
terms and conditions as may be provided by or under the agreement on 
reciprocal basis in public interest. 

(9) The Director may, with the previous sanction of the State Government, 
enter into arrangements with any person or organisation who employs and 
maintains personnel or equipment or both, for firefighting purposes, to secure, 
on such terms as to payment or otherwise as may be provided by or under the 
arrangements, the provision by that person or organization for assistance for 
the purpose of dealing with frre occurring in any area in which this Act is in 
force. 

11-9 

8. ( 1) For the purpose of providing adequate number of officers and staff constitution or 

for meeting the needs of fire services, having regard to the population, fire region. 

potential fire hazards in certain industries and large commercial and 
mercantile establishments and buildings and the number of fire stations 
required to be provided for and maintained, the State Government may, for the 
purpose of securing fire prevention and life safety measures within the State, 
by notification in the Official Gazette, constitute as many fire regions as it 
deems fit. 

(2) Every notification issued under sub-section (1) shall define the limits 
of the region to which it relates. 

(3) The State Government shall, for each fire region, appoint a person to 
be the Regional Fire Officer. 



11- l 0 

Division of fire 
region into fire 

divisions. 

Appointment of 
Fire Officers. 

Powers, duties 
and functions of 

Fire Officers. 

GUJARAT GOVERNMENT GAZETTE, Ex, 01-04-2013 [PART-IV 

(4) Subject to the control, direction and superintendence of the Director, 
the Regional Fire Officer, shall exercise such powers and pe1form such duties 
as are conferred and imposed upon him by this Act or the rules made 
thereunder or orders issued in this behalf. 

(5) Ylithout prejudice to the provisions of sub-section (4), the Regional 
Fire Officer shall, -

(i) function as the Head of the Fire region; 

(ii) prepare the fire management plan for the region. 

(6) The qualifications for appointment and other conditions of service of 
the Officer, appointed under sub-section (3) shall be such as may be 
prescribed. 

9. The State Government may, by notification in the Official Gazette, 
divide each fire region into such fire divisions as may be specified in the 
notification. The fire divisions may comprise of the area of one or more local 
authority. The fire division may also be further divided into fire stations and 
define their boundaries as may be necessary for administrative and operational 
efficiency. 

10. (1) For the purposes of this Act, the State Government may 
appoint, for each,-

(a) fire division, a person as the Divisional Fire Officer, 
(b) fire station, a person as the Station Fire Officer. 

(2) The qualifications for appointment and other conditions of service of 
the Officers, appointed under sub-section (1) shall be such as may be 
prescribed. 

(3) For the purposes of this Act, the State Government may for each Local 
Fire Services,-

(a) classify the category of Chief Fire Officer taking into 
consideration the population and class of local authority or 
authority or such other factors as may be prescribed; 

(b) prescribe the norms and qualifications of the each category of 
Chief Fire Officer; 

(4) Subject to sub-section (3), the State Government may by an order direct 
the local authority or the authority, as the case may be, to appoint a person to 
be the Chief Fire Officer. 

11. (1) Subject to the control, directions and superintendence of the 
Director, the Regional Fire Officer or the Chief Fire Officer appointed under 
sub-section (3) of section 8 and under section 10 respectively, shall exercise 
such powers and perform such duties as are conferred and imposed upon him 
by this Act or rules or orders made thereunder. 



PART- IV] GUJARAT GOVERNMENT GAZETTE, Ex, 1-04-2013 l 1-11 

(2) Without prejudice to the provisions of sub-section (1 ), in case of fire 
prevention and disaster, the Regional Fire Officer or the Chief Fire Officer, as 
the case may be, for their jurisdiction shall in case of any fire or emergency act 
as commanding officer for that event and all other fire services engaged shall 
work under him. 

(3) Without prejudice to the provisions of sub-sections (1) and (2), the. 
Regional Fire Officer or the Chief fire officer, as the case may be, shall for 
their jurisdiction, be the head of the office. 

12. ( l) To ensure the effective fire prevention and life safety measures of 
the buildings or premises as may be specified by an order by the State 
Government in this behalf, every factory or the owner and occupier or 
occupiers individually or jointly, as the case may be,-

(i) shall appoint a fire safety officer, having such qualifications as may be 
prescribed; 

(ii) send the compliance report to the Regional Fire Officer or the Chief 
Fire Officer, as the case may be, under section 18. 

(2) The fire safety officer so appointed under sub-section (1) shall, be issued 
by the Regional Fire Officer or the Chief Fire officer, as the case may be, 
the enrolment certificate under his signature and seal of the office in the 
prescribed form. 

(3) In case of a vacancy of the fire safety officer appointed under sub-section 
(1), either on resignation or otherwise, the factory or the owner and 
occupier or occupiers individually or jointly, as the case may be, shall be 
required to immediately appoint the fire safety officer. 

(4) In case of non-appointment of the fi re safety officer, as envisaged 
under Sub section (1 ), the Regional Fire Officer or the Chief Fire Officer, as 
the case may be, may take such steps as he deems necessary, which includes 
report to the Labour Commissioner for the closure of the factory and in other 
cases to the relevant authority for necessary action under relevant law. 

CHAPTER III 
REQUISITION, COMPENSATION FOR FIRE EQUIPMENT 

13. (1) Where, the Director or the Chief Fire Officer or any other Fire 
Officer of any authority, who is in-charge of a fire fighting operation requires 
firefighting equipment or property of any other authority or any institution or 
individual, he may by order requisite such equipment or property for the 
purpose of extinguishing fire in any area and take possession thereof from the 
authority or any institution or individual, as the case may be. 

Appointment of 
Fi re Safety 
Officer. 

Requisition of 
fire fighting 
property. 



11-12 

Functions in 
case of fire. 

GUJARAT GOVERNMENT GAZETTE, Ex, 01-04-2013 [PART- IV 

(2) As soon as may be, after the firefighting operations are over, such 
officer shall release the equipment or property, taken possession of by 
requisition under sub-section (1) and restore the same to the authority, 
institution or individual from whose possession such property was taken. 

(3) Where any firefighting equipment or property is requisitioned under 
sub-section (I), 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 or, as the case may be, the Chief Fire Officer 
and the owner of the firefighting property, it shall be paid in 
accordance with such agreement; 

(b) where no such agreement can be reached, the Director or, as the case 
may be, the Chief Fire Officer shall refer the matter to the District 
Magistrate having jurisdiction over the area in which the firefighting 
equipment or property was kept, used or procured and the 

· Magistrate shall, after hearing the parties and such other persons as 
be deems necessary, fix the amount of compensation taking into 
consideration the rent which the firefighting equipment or property 
would normally fetch if rented out for a similar purpose. The orders 
of the District Magistrate fixing the amount of compensation shall be 
final. 

14. (1) In case of any fire in any area, the Director or the Regional Fire 
Officer or the Chief Fire Officer or any otlier Fire Officer who is in-charge of 
firefighting operations on the spot may,-

(a) remove, or order any other fire officer or fire personnel to remove, 
any person who by his presence, interferes with· or impedes the 
operations for extinguishing the fire or for saving life or property; 

(b) close any street or passage in or near which fire has taken place; 

( c) break into or through, or pull down, any premises, for the passage 
of hose or appliances or cause them to be broken into or through, or 
pulled down, doing as little damage as possible for the purpose of 
extinguishing fire : 

Provided that, the owner or occupier, as the case may be; of any 
such premises shall be paid reasonable compensation to the extent 
of the damage so caused in such manner as may be prescribed; 

( d) require the authority in-charge of water supply in the area to 
regulate the water mains so as to provide water at a specified 
pressure at the place where the 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; 



PART-IV] GUJARAT GOVERNMENT GAZETTE, Ex, 1-04-2013 

( e) exercise, in the absence of aid from the police, the same powers for 
dispersing an assembly of persons likely to obstruct the fire­
fighting operations as if he were an officer-in-charge of a police 
station; 

(f) generally take such measures as may appear to be necessary for 
extinguishing the fire or for the protection of life or property. 

(2) Any damage cause to any premises or property, due to fire, by 
members of the fire service in the discharge of their duties shall be deemed to 
be damage by fire within the meaning of any policy of insurance against fire. 

15. It shall be lawful for the officer-in-charge of the fire fighting 
operations to draw water from any source in the area which he considers 
necessary for such operations and on such occasions as may be required and 
the authority or owner or occupier having control over such water source shall 
supply water for that purpose at such rates as may be prescribed. 

16. Notwithstanding anything contained in section 14, the Regional Fire 
Officer or the Chief Fire Officer of any authority or any other officer 
authorised in this behalf, may enter into agreement with any person who 
employs and maintains personnel or equipment or both for fire fighting 
purposes, to secure, on such terms as may be prescribed, the provisions of that 
person of assistance for the purpose of dealing with fires occurring in any area. 

CHAPER IV 
TRAINING TO FIRE PERSONNEL S 

11-13 

Power to ar range 
supply of water. 

Power to enter 
into agreement. 

17. (1) The State Government may establish and maintain training Training. 

centres in the State for providing courses of instruction in the prevention and 
extinguishment of fire for the personnel of any Fire Service and private 
services of industries, hotels, multi-storied buildings and such other 
Government and non-Government establishments as which the State 
Government may specify. 

(2) The State Government may extend the training facilities at such centres 
to be established under sub-section (1) to the fi re service under the control of 
local bodies and industrial undertakings on payment of fees as may be 
prescribed. 

(3) The State Government may prescribe such fee and such procedure as it 
may deem fit for providing a course of instruction in the prevention and 
extinguishment of fire. 



11-14 

Requirement 
for fire prevention 

and life safety 

measures. 

GUJARAT GOVERNMENT GAZETTE, Ex, 01-04-2013 

CHAPER V 
PROVI SIONS RELATING TO FIRE PREVENTION AND 

LIFE SAFETY MEASURES 

[PART- IV 

18. (1) Without prejudice to the provisions of any other law or the rules, 
GDCR or building bye-laws made thereunder or the National Building Code 
of India, relating to fire prevention and life safely measures as in operation in 
the State for the time being in force, housing society or the owner or where the 
owner is not traceable, the occupier, who arc either individually or j ointly 
responsible, of a building as classified by regulations or part thereof, shall 
provide fire prevention and life safety measures therein: 

Provided that the owner or the occupier, as the case may be, shall, -

(i) provide mm1mum firefighting and life safety installations as 
provided in the regulations; 

(ii) maintain the fire prevention and life safety measures in 
operational condition at all times, in the manner and 
specifications specified in regulations. 

(2) The regulations so made shall be notified in the Official Gazette. 

Mannerof 19. (1) Notwithstanding anything contained in any other law for the time 
compliance for 

prevention and life being in force, -
safety measures. 

(a) no authority empowered to issue the occupancy certificate, shall 
issue the same, unless it is satisfied that the owner or the 
occupier, either individually or ·jointly, has complied with the 
provisions of section 18; 

(b) in case of building or part thereof, on the date of commencement 
of this Act, where development permission is issued and 
construction is not commenced or the construction is commenced 
but not completed or the construction is completed but occupancy 
certificate is not issued, and where the housing society or the 
owner or the occupier, individually or jointly liable, as the case 
may be, is required to comply the provisions of section 18, the 
Regional Fire Officer or the Chief Fire Officer, as the case may 
be, shall either suo moto or otherwise serve on the owner or 
occupier, as the case may be, a notice in the manner as may be 
prescribed and direct him to undertake and carryout fire 
prevention and life safety measures, as deemed necessary, within 
two months from the commencement of this Act, or within such 



PART-IV) GUJARAT GOVERNMENT GAZETTE, Ex, 1-04-2013 

period or periods as may be extended by the State Government 
by order in writing: 

Provided that any owner or the occupier, as the case may be, 
who has been served with the notice under clause (b) or not, may 
undertake and carryout fire prevention and life safety measures, 
as required to be complied under the provisions of section 18 or 
as mentioned in th6 notice issued by the Regional Fire Officer or 
the Chief Fire Officer or the nominated officer, as the case may 
be, for getting fire safety certificate. 

(2) The owner or the occupier, individually or jointly, as the case may be, 
shall inform to the Regional Fire Officer or the Chief Fire Officer or the 
nominated officer, about the compliance with respect to sub-section ( l ). 

(3) The owners or occupiers, as the case may be, who are liable 
individually or jointly, for the building or part thereof, shall furnish to the 
Regional Fire Officer or the Chief Fire Officer or the nominated officer, 
certificate regarding the maintenance and operational condition of fire 
prevention and life safety measures, as specified by the regulations, issued by 
a Licensed Agency regarding the compliance of the fire prevention and life 
safety measures as required under the provisions of section 18. 

20. The owners or occupiers, as the case may be, individually or jointly, 
who are liable to provide fire protection and life safety measures in building or 
part of building or premises, who, at any time, fail to comply with regard to 
sub-section ( 1) of section 19, shall be deemed to be in default. In case, where 
a fire safety certificate is issued earlier shall remain suspended for a period 
from the date of the notice for non-compliance issued by the Regional Fire 
Officer or . the Chief Fire Officer or nominated officer and till the date 
compliance is made to the satisfaction of the Regional Fire Officer or the 
Chief Fire officer or nominated officer, as the case may be, and the same shall 
be duly recorded on the fire safety certificate. 

21. (1) The Regional Fire Officer or the Chief Fire Officer or the 
nominated officer, as the case may be, may scrutinise the compliances, with 
regard to the requirement of section 18, made by the owners or the occupiers, 
as the case may be, either independently or jointly, may after making 
necessary inquiry, if any, issue fire safety certificate. 

(2) If the owner or occupier, as the case may be,' fails to comply with the 
directions issued by the Regional Fire Officer or the Chief Fire Officer or the 
nominated officer, the fire safety certificate, issued under sub-section (1) shall 
be cancelled after giving owner or occupier an· opportunity of hearing to show­
cause. 

11-15 

Consequences 
for 
non-compliance 
of section 19. 

Suspension, 
termination and 
punishment 



11-16 

Safety Measures for 
fire hazardous 

materials. 

Assistance of 
police in fire 

prevention and 
firefighting 
operation. 

Power to entry 
and Inspect. 

GUJARAT GOVERNMENT GAZETTE, Ex, 01-04-2013 [PART-IV 

(3) The owner or occupier of the building or premises whose fire safety 
certificate has been cancelled due to default on his part, shall not be entitled to 
occupy the building or premises on the ground of non-compliance of fire 
prevention and life safety measures under section 18. 

(4) No person shall tamper with, alter, remove or cause any injury or 
damage to any fire prevention and life safety equipment installed in any such 
building or part thereof or instigate any other person to do so. 

22. (1) The State Government may, by notification in the Official Gazette, 
frame the regulations in resJ:>ect of categorization of fire hazardous materials, 
trade and premises used for such purposes. 

(2) Upon issuances of notification under sub-section ( 1) it shall be lawful 
for the Director or the Regional Fire Officer or the Chief Fire Officer or the 
nominated officer or any fire officer authorised either by the Director or the 
Regional Fire Officer or the Chief Fire Officer to direct the removal of objects 
or goods likely to cause the risk of fire, to a place of safety and on failure by 
the owner or occupier to do so, the Director or the Regional Fire Officer or the 
Chief Fire Officer or fire officer may, after giving the owner or occupier a 
reasonable opportunity of making the representation, seize, detain or remove 
such objects or goods. The opportunity of representation as aforesaid may be 
dispensed with to avoid an imminent or alarming foreseeable risk of fire. 

23. In firefighting operations or any other duties relating to seizure, 
detention or removal of any goods involving risk of fire, it shall be the duty of 
a police officer or members of the police force to assist and aid to the Director 
or such fire officer in performance of such duties under this Act. 

24. . (1) The Director or the Regional J:~re Officer or the Chief Fire Officer 
or the Nominated Officer may, after giving three hours' notice to the housing 
society or occupier or if there is no occupier, to the owner of any place or 
building or part thereof, as the case may be, enter and inspect such place or 
building or part thereof at any time between sunrise and sunset where such 
inspection appears necessary for ascertaining the adequacy or contravention of 
fire prevention and life safety measures: 

Provided that, the Director or the Regional Fire Officer or the Chief 
Fire Officer or the Nominated Officer may enter into and inspect any such 
place or building or part thereof at any time if an industry is working or an 
entertainment or function is going on at such place, building or part thereof, or 
if it appears to him to be expedient and necessary to do so in order to ensure 
safety of life and property. 



PART- IV] GUJARAT GOVERNMENT GAZETTE, Ex, 1-04-2013 11-17 

(2) The Director or the Regional Fire Officer or the Chief Fire Officer or 
the Nominated Officer shall be provided with all possible assistance by the 
owner or occupier, as the case may be, of such place _or building or part 
thereof for carrying out the inspection under sub-section ( 1 ). 

(3) The owner or occupier or any other person shall not obstruct or cause 
any obstruction te the entry of a person empowered or authorised under this 
section into or upon any land or building or shall not molest such person after 
such entry for inspection. 

(4) When any such place or building or part thereof used as a human 
dwelling is entered under sub-section (1 ), due regard shall be paid to the social 
and religious sentiments of the occupiers; and before any flat, apartment or a 
part of such building in the actual occupancy of any woman, who, according 
to the custom does not appear in public, is entered under sub-section (1 ), 
notice shall be given to her that she is at liberty to withdraw, and every 
reasonable facility shall be afforded to her for withdrawing. 

(5) Where the inspection is carried out by the Nominated Officer under the 
preceding provisions of this section, he shall give a report of such inspection 
to the Director or the Regional Fire Officer or the Chief Fire Officer of the 
authority concerned. 

25. (1) Without prejudice to the prosecution for an offence of non­
compliance of the notice issued under clause (b) of sub-section ( 1) of section 
19, the Director or the Regional Fire Officer or the Chief Fire Officer may, in 
the event of non-compliance of any such notice, take such steps including 
exercising the power to have th6 place, building or any part thereof sealed and 
I or disconnected facilities of water, power and drainage under section 26, as 
may be necessary for the compliance of such notice. 

(2) All expenses incurred by the Director or the Regional Fire Officer or 
the Chief Fire Officer in relation to any steps taken by him under sub-section 
(1) shall be payable on demand, by the owner or occupier on whom such 
notice is served, and shall, if not paid within fifteen days after such demand be 
recoverable, as if it were the arrears of tax on property and the provisions 
under the relevant law or any other Jaw for the time being in force and is in 
operation within the area of jurisdiction of the local authority concerned for 
recovery of arrears of tax on property, shall apply mutatis mutandis for such 
recovery as they apply to the recovery of arrears of tax on property or where 
any such law is not in operation then, as an arrears of land revenue. 

26. (1) If the Director or the Regional Fire Officer or the Chief Fire Officer 
is satisfied that due to inadequacy of fire prevention and life safety measures 
the condition of any place or building or part thereof is in imminent danger to 
person or property, then notwithstanding anything contained in this Act, or 
any other law for the time being in force, he shall, by order in writing, require 

Steps to be 
taken for 
non· 
compliance 
of notice. 

Evacuation 
and power 
to seal. 



11-18 

Provisions 
for 

temporary 
structures. 

GUJARAT GOVERNMENT GAZE11'E, Ex, 01-04-2013 [PART- IV 

the persons in possession or in occupation of such place or building or part 
thereof to remove themselves forthwith from such place or building or part 
thereof. 

(2) If an order made by the Director or the Regional Fire Officer or the 
Chief Fire Officer under sub-section (1) is not complied with, he may direct, -

(a) the authority responsible for supply of electricity or supply of water, 
to disconnect the supply of electricity or water, as the case may be; 

(b) any police officer having jurisdiction in the area, to remove such 
persons from such place or building or part thereof and such 
authority or police officer shall comply with such directions. 

(3) After the removal of the persons under sub-section (1) or sub-section 
(2), as the case may be, the Director or the Regional Fire Officer or the Chief 
Fire Officer shall cause such place or building or part thereof, to be sealed by 
such police officer forthwith. 

( 4) No person shall remove such seal except under a written order made by 
the Director or the Regional Fire Officer or the Chief Fire Officer suo motu or 
on an application of the owner or occupier. 

CHAPTER . VI 
PROVISIONS FOR TEMPORARY STRUCTURES 

27. (1) The State Government may by notification in the Official Gazette, 
declare any class of temporary occupancy .such as a mandap, shamiyana or 
tents or such other temporary structures for hosting any event, which, in its 
opinion, is likely to cause a risk of fire. 

(2) The measures for fire prevention and life safety to be taken by the 
promoter, organiser, owner or occupier of such premises where such 
temporary structures are likdy lo take place or the erectors of temporary 
structures or shamiyana or tents or mandap, as the case tnay be, shall be such 
as may be prescribed. 

(3) The Regional Fire Officer or the Chief Fire Officer or the Nominated 
Officer may grant permission for the use of the temporary structures or 
shamiyana or tents or mandap, as the case may be, ensuring an undertaking in 
the· prescribed form is given by the promoter, organiser, owner or occupier. 



PART-IV] GUJARAT GOVERNMENT GAZETTE, Ex, 1-04-2013 11-19 

(4) The Director or the Regional Fire Officer or the Chief Fire Officer or 
the Nominated Officer may enter and inspect any temporary structure about 
the correctness of the declaration and may poinl out the inadequacy, if any, 
with a direction to comply within a specified time. 

(5) If the directions of the inspecting officer are not complied with within 
the time so given, the inspecting officer may seal the temporary structure or 
shamiyana or Lents or mandap or dismantle such structure and the costs 
incurred therefore shall be recovered from such defaulter. 

(6) The Regional Fire Officer or the Chief Fire Officer or any officer 
authorised by him in this behalf shall direct the removal of encroachments or 
objects or goods likely to cause a risk of fire or any obstruction to firefighting, 
to a place of safety, and on failure of the owner, occupier or erector, as the 
case may be, to do so, he may, after giving the owner or occupier or erector, as 
the case may be, a reasonable opportunity of making representation, report the 
matter to the Sub-Divisional Magistrate, in whose jurisdiction the premises or 
temporary structure or shamiyana or tents or mandap is situated, requesting to 
adjudicate the matter: 

Provided that where the Regional Fire Officer or the Chief Fire Officer 
considers such encroachments or objects or goods to be an imminent cause of 
risk of fire or obstruction to firefighting, he may direct the owner or the 
occupier or erector of such premises or building to remove the encroaclunents 
or objects or goods forthwith and report the matter to the Sub-Divisional 
Magistrate accordingly. 

(7) On receipt of a report under sub-section (6), the Sub-Divisional 
Magistrate may make an order to seize, detain or remove such encroaclunent; 
or objects or goods likely to cause a risk of fire or obstruction to firefighting. 

(8) The person charged with the execution of the order made under sub­
section (7), shall forthwith make an inventory of the objects and goods which 
he seizes under such order, and shall, at the same time, give a written notice as 
may be prescribed in this behalf, to the person in possession thereof at the time 
of seizure, that the said objects or goods shall be sold as mentioned in the 
order as if the same are not claimed within the stipulated time specified in the 
notice. 

(9) On the failure of the person in whose possession the objects or goods 
were at the time of seizure to claim the seized goods pursuant to notice given 
under sub-section (8), the Sub-Divisional Magistrate shall sell them by public 
auction. 



11-20 

Work to be 
carried out 

by the 
Licensed 
Agency. 

GUJARAT GOVERNMENT GAZETTE, Ex, 01-04-2013 [PART- IV 

(I 0) Any person aggrieved by a notice or order of the Sub-Divisional 
Magistrate under sub-section (8) may, within thirty days from the date of such 
order, prefer an appeal to the Director: 

Provided that the Director may entertain an appeal after the expiry of 
the said period of thirty days if he is satisfied that there was sufficient cause 
fo r not filing the appeal within prescribed period. 

(11) An appeal to the Director shall be made in such form and shall be 
accompanied with a copy of the notice or the order appealed against and with 
such fees as may be prescribed and the order passed by him shall be final. 

CHAPTER VU 
LICENSED AGENCY 

28. (1) The Director may grant a license to a person or association of Licensed 

persons as he thinks fit, to act as a Licensed Agency for the purposes of this Agency. 

Act. 

(2) Any person intending to have or renew such license shall apply to the 
Director in the prescribed form and in the prescribed manner along with such 
fee as may be prescribed. 

(3) On receipt of an application made under sub-section (2), the Director 
may, after holding such inquiry as he deems fit, either grant the license in the 
prescribed form for a period of two years or renew the same for a like period 
or, for reasons to be recorded in writing, by order refuse to grant or renew the 
license. 

(4) Where the Director has reason to believe that any person to whom a 
license has been granted has contravened any of the provisions of this Act or 
of the rules or has failed to comply with the conditions of the license or is unfit 
by reason of incompetency, misconduct or any other grave reasons, the 
Director may, after giving to the person a reasonable opportunity to show 
cause, for reasons to be recorded in writing, by order suspend or cancel the 
license. 

29. (1) No person other than a Licensed Agency shall carry out the work of 
providing fire prevention and life safety measures or performing such other 
related activities required to be carried out in any place or building or part 
thereof: 

. 
Provided that, if the Regional Fire Officer or the Chief Fire Officer is 

satisfied that, for any reason, to be recorded in writing, the owner or occupier 
is not able to carry out the fire prevention and fire safety measures in any such 
place or building or part thereof through a Licensed Agency, the Regional Fire 
Officer or the Chief Fire Officer may, with the approval of the Director, 
authorise any other Licensed agency to carry out such work. The cost for the 
work carried out shall be recovered from the owner or the occupier, as the case 
may be. 



PART- IV] GUJARAT GOVERNMENT GAZETTE, Ex, 1-04-2013 11-21 

(2) The Licensed Agency shall give a certificate under sub-section (3) of 
section 19 as to the compliance of the fire prevention and life safety measures 
or maintenance thereof unle~s without there being actual compliance or 
maintenance as specified in the regulations. 

CHAPTER VIII 
LEVY OF FIRE FEE AND OTHER CHARGES 

30. ( 1) For the purpose of providing for the cost of fire prevention and life 
safety services in the State, the State Goverrunent may levy and collect a fire 
fees on lands and buildings which are situated in any area in which this Act is 
in force notwithstanding any declaration made under proviso to sub-section ( l ) 
of section 3. 

(2) The fire fees shall be levied at such rate in terms of percentage of such 
property tax as the State Government may, by notification in the Official 
Gazette, determine from time to time: 

Provided that, the State Government may determine different rate of 
percentage for different areas or different local authority or authorities. 

31. (1) The authorities empowered to assess, collect and enforce payment 
of property tax under the relevant law authorising the local authority of the 
area to levy such tax shall, on behalf of the State Goverrunent and subject to 
any rules made under this Act, assess, collect and enforce payment of the fire 
fee in the same manner as the property tax is assessed, paid and collected and 
for this purpose, and may exercise all or any of the powers conferred on them 
under the relevant law and the provisions of such law including provisions 
relating to return, appeals, reviews, reference and penalties shall apply 
accordingly. 

(2) Such portion of the total proceeds of the fire fees as the Government 
may determine shall be deducted to meet the cost of collection of the fire fee. 

32. (1) There shall be constituted a fund to be known as "Fire Prevention 
and Life Safety Fund". 

(2) The proceeds of fire fees and penalties (other than fines) recovered under 
this Act, shall first be credited to the Consolidated Fund of the State and after 
deduction of the expenses of collection and recovery therefrom, under 
appropriation duly made by Ia:w in this behalf, be entered in, and transferred 
to, fund constituted under sub-section (1). 

(3) Any amount transferred to the fund under sub-section (2) shall be charged 
on the Consolidated Fund of the State. 

Levy of 
fire fees. 

Mode of 
assessment. 
collection, etc. 
of fire fees. 

Constitution 
of fund. 



11-22 

Appeal. 

Limitations for 
filing Appeal. 

GUJARAT GOVERNMENT GAZETIE, Ex, 01-04-2013 [PART-IV 

( 4) The amount in the fund shall be expended in such manner and under such 
conditions as may be prescribed, for the purposes of this Act. 

(5) The fund shall be reflected into the budget estimate of the respective 
authority and the accounts in respect thereof shall be maintained and 
audited in accordance with the procedure prescribed for the purpose of 
maintenance of accounts in the relevant Jaw or the rules and orders made 
thereunder as are applicable to the respective authority. 

33. 

CHAPTER IX 
APPEAL 

Any person aggrieved by -

(i) the notice issued under clause (b) of sub-section (1) of section 19, 
or 

(ii) the refusal of the Regional Officer or the Chief Fire Officer to pass 
an order under sub-section (4) of section 26, may prefer an appeal 
to the Director. Such appeal shall be made in such manner and 
accompanied with such fees, as may be prescribed. The Director 
after giving a reasonable opportunity to the appellant of being 
heard, pass an order, and every such order passed under this section 
shall be final: 

Provided that in case of local fire service of any local authority, in so 
far as the area comprising of Municipal Corporation is concerned, the 
Commissioner shall be the appellate authority. 

34. No appeal under section 33 shall be entertained unless, such appeal 
is preferred within fifteen days from the date of service of notice or the date on 
which the refusal is communicated to the Director or the Commissioner, as the 
case maybe: 

Provided that, the Director or the Commissioner, as the case may be, 
may admit the appeal prefened after the expiration of the fifteen days if he is 
satisfied that the appellant had sufficient cause for not preferring the appeal 
within said period. 



PART- IV] GUJARAT GOVERNMENT GAZETTE, Ex, 1-04-2013 

CHAPTER X 

OFFENCES AND PENALTIES 

35. No court inferior to that of a Metropolitan Magistrate or Judicial 
Magistrate First Class shall try an offence punishable under this Act or the 
rules made thereunder. 

11-23 

Jurisdiction 
of Court. 

36. No court shall entertain any suit, application or other proceedings in ear of Court. 

respect of any notice given under section 19 or any action taken under sub- · 
section (2) of section 26 or an order of refusal to permit removal of seal passed 
under sub-section (4) of section 26 and sub-section (10) of section 27 of this 
Act or any action or any order shall be called in question otherwise than by 
preferring an appeal as provided by this Act. 

37. Save in the case of cognizable offences, no court shall take cognizance 
of an offence punishable under this Act or the rules made thereunder except 
on the complaint made by the Regional Fire Officer or the Chief Fire Officer 
or any other officer authorised by him in this behalf. 

38. (1) The Director or the Regional Fire Officer or the Chief Fire Officer, 
or any officer authorised in this behalf by the Director may by general or 
special order, either before or after the institution of the proceedings, 
compound any offence made punishable by or under this Act or the rules 
made thereunder or withdraw from such proceedings at any stage. 

(2) When an offence has been compounded under sub-section (1), the 
offender, if in custody, shall be discharged, and no further proceedings shall 
be taken against him in respect of the offence compounded. 

39. (1) Whoever contravenes any of the following provisions,-

(a) under sub-section (1) of section 18, fails to provide and maintain 
the fire prevention and life safety equipment in good repair and 
efficient condition; 

(b) under sub-section (1) of section 19, fails to comply with the notice 
directing to undertake and carry out fire prevention and life safety 
measures; 

(c) under sub-section (4) of section 21, tampers with, alters, removes 
or causes any injury or damage to any fire prevention and life 
safety equipment installed in a building or instigating any other 
person to do so; 

(d) under sub-section (2) of section 22, after non-compliance of the 
direction of removal of objects or goods likely to cause the risk of 
fire to a place of safety, causes obstruction in authorized 
seizure, detention, and removal of such objects or goods; 

Cognizance 
of offence. 

Compounding 
of offence or 
withdrawal of 
proceedings. 

Offences and 
oenalties. 



11-24 GUJARAT GOVERNMENT GAZETTE, Ex, 01-04-2013 [PART-IV 

(e) under sub-section (3) of section 24, obstructs the entry by an 
authorized or empowered person or molests such person after 
such entry for inspection; under sub-section (4) of section 26, 
removes the seal of the building without written order made by the 
Regional Fire Officer or the Chief Fire Officer; 

(f) under sub-section (4) of section 27, fails to comply with the 
directions issued by the Director or the Regional Fire Officer or 
the Chief Fire Officer; 

(g) under sub-section ( 1) of section 29, carries out the work of 
providing fire prevention and life safety measures, or performing 
such other related activities by a person other than the Licensed 
Agency; or 

(h) under sub-section (2) of section 29, giving a certificate under sub­
section (3) of section 19 without there being actual compliance or 
maintenance of fire prevention and life safety measures and 
equipment; 

without prejudice to any other action taken or which may be taken 
under any of the provisions of this Act, be punished with 
imprisonment for a term which shall not be less than one month 
which may extend up to two years or fine which shall not be less 
than rupees 10,000 which may extend to rupees 1,00,000, or both 
and where the offence is continuing one with a further fine which 
may extend to rupees 3000 for every day during which such 
offence continues after the conviction for the first such offence. 

(2) Whoever -

(a) wilingly attempts, in any manner whatsoever, to evade any fee or 
interest leviable under this Act, or 

(b) contravenes any of the provisions of this Act or the rules for which 
no specific penalty has been provided for by this Act, or 

(c) fails to comply with the requirement of any order or any notice or 
any direction, issued under any of the provisions of this Act or the 
rules, by the Director or any authority or the Regional Fire Officer 
or the Chief Fire Officer of such Authority or any other officer 
authorised by any of them, for which no specific penalty has been 
provided by this Act, shall, on conviction, be punished, -



PART-IV] GUJARAT GOVERNMENT GAZETTE, Ex, 1-04-2013 

45of 1860. 

(i) in case where the amount, of fees and/or interest exceeds 
rupees 50,000 during the period of a year, with imprisonment 
for a term which shall not be less than three months but which 
may extend to two years or with fine or with both; 

(ii) in case where such amount is less than rupees 50,000 during a 
year, with imprisonment for a term which shall not be less than 
one month but which may extend to one year or with fine or 
with both; 

(iii) in case of contravention of any provision of this Act or the rules 
made thereunder or failure to comply with the requirement of 
any order or notice as aforesaid, with imprisonment for a term 
which shall not be less than three months but which may 
extend to two years or with fine or with both. 

(3) Whoever aids or abets any person in comm1ss1on of any offence 
specified in sub-section (I) or (2) shall, if the act is committed in consequence 
of the abetment, and no express provision is made by this Act for the 
punislunent of such abetment, be punished with the punishment provided for 
the offence. 

Explanation.-An act or offence is said to be committed in 
consequence of abetment, when it is committed in consequence of the 
instigation, or in pursuance of the conspiracy, or with the aid which constitutes 
the abetment. 

40. Offences under sub-section ( 4) of section 21 and of removal of seal 
without an order under sub-section (4) of section 26 shall be cognizable and 
non-bailable. 

41. Every police officer, Government and private agency or person shall 
be bound to assist the members of the Fire Service reasonably demanding his 
or its aid in the performance of their duties under this Act. 

42. Any person who without Just cause fails to communicate information 
in his possession regarding an outbreak of fire shall be deemed to have 
committed an offence punishable under section 176 of the Indian Penal Code, 
1860. 

43. Any person who wilfully obstructs or interferes with any member of 
the Fire Service who is engaged in firefighting operations, shall be punished 
with imprisonment for a term which may extend to three months, or with fine 
which may extend, to five thousand rupees, or with both. 

11-25 

Offences and 
penalties for 
removing seal. 

Assistance to Fire 
Officers. 

Fal.lure to give 
information. 

Penalty for wilfully 
obstructing 
firef'lghting rescue 
operations. 



11-26 GUJARAT GOVERNMENT GAZETTE, Ex, 01-04-2013 [PART-IV 

Faist rtport. 44. Any person who knowingly gives or causes to be given a false report 
of the outbreak of a fire to any person authorised to receive such report by 
means of a statement, message or otherwise shall be punished with 
imprisonment which may extend to three months or with fine which may 
extend to one thousand rupees, or with both. 

offencebya 45. (1) Where an offence punishable under this Act has been committed by 
company. 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 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 punishable 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. 

Officers and 
employees to be public 

servant. 

Explanation.- For the purposes 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, and in 
relation to any association of persons or body of individuals, means 
any member controlling the affairs thereof. 

CHAPTER XI 
MISCELLANEOUS 

46. Every officer or employee shall, when acting or purporting to act in 
pursuance of the provisions of this Act or of any rule or regulation made 
thereunder, shall be deemed to be a public servant within the meaning of 
section 21 of the Indian Penal Code. 

45of1860. 



PART- IV] GUJARAT GOVERNMENT GAZETTE, Ex, 1-04-2013 11-27 

47. In the event of a member of the Fire Service (other than a Gazetted 
Officer), dies while on active duty, the State Government shall pay, to the 
next of kin as funeral expenses, such amount as the State Government may 
by an order determine. 

Death of member 
of Fire Service. 

48. It shall be lawful for the Government or any officer authorised by it 
in this behalf, to employ the Fire Service in any rescue, salvage or other 
works for which it is suitable by reason of its training, appliances and 
equipment. 

Employment 
on other 
duties. 

49. (1) The provisions of this Act and the rules made thereunder shall 
have effect notwithstanding anything inconsistent therewith contained in any 
other law for the time being in force or in any instrument having effect by 
virtue of any other law. 

Effect of 
inconsistency with 
other Act. 

(2) Subject to the provisions of sub-section ('i ), the provisions of this Act 
shall be in addition to, and not, save as expressly provided hereinabove, be in 
derogation of the provisions of any relevant law for the time being in force in 
any area in which this Act is in force. 

50. (1) The provisions of this Act shall have overriding effect 
notwithstanding anything contained in any other law for the time being in 
force, in so far as the provisions relating to fire prevention and life safety are 
concerned. 

(2) Notwithstanding anything contained in any other law for the time 
being in force, when anything in relation to the fire prevention and life safety 
measures is required to be done or approved under this Act, any such thing 
shall not be deemed to have been unlawfully done or approved by reason only 
of the fact that permission, approval or sanction required under such other law 
therefor has not been obtained. 

51. In order that the effective fire prevention and life safety measures are 
provided by the State Fire Service, the State Government may by an order, 
transfer all or any assets, rights and liabilities of any body owned or 
controlled by the State Government to the State Fire Service. 

52. (1) The State Govenunent may, by notification in the Official Gazette, 
delegate any of its powers, except the power of making rules, exercisable by 
it under this Act or the rules made thereunder, to the Director in such matters 
and subject to such terms and conditions, if any, as may be specified in such 
notification. 

(2) The Director may, with the prior approval of the State Government, by 
an order in writing, delegate any of its powers exercisable by him under this 
Act or the rules made thereunder to the Regional Fire Officer or the Chief Fire 
Officer subject to such terms and conditions, if any, as may be specified in 
such order. 

Act to have 
overriding effect 
and effect of other 
laws. 

Transfer of assets, 
rights, etc. by State 
Government to State 
Fire Services. 

Delegation of 
power. 



l 1-28 

Power to Issue 
directions. 

Reporting by 
Regional Fire Officer 
or Chief Fire Officer. 

Power of State 
Government to give 

directions. 

Decision of 
State 

Government 
to be final . 

Power to make 
rules. 

GUJARAT GOVERNMENT GAZETTE, Ex, 01-04-2013 [PART- IV 

53. The Director may, for the purpose of performing functions under this 
Act and for reasons to be recorded in writing, issue such directions to a person 
to do or abstain from doing a specified thing within the affected areas in which 
the emergency relief measures are being undertaken and any person on receipt 
of such directions shall comply with the same. 

54. Every Regional Fire Officer or the Chief Fire Officer shall furnish to 
the Director such reports, returns and other information as the Director may, 
from time to time, require. 

SS. The State Government may issue, from time to time, directions to the 
Director as it may deem fit for giving effect 'to the provisions of this Act and it 
shall be the duty of the Director to comply with such directions. 

S6. If any dispute arises with respect to the exercise of powers and 
discharge of functions by the Director or the Regional Fire Officer or the 
Chief Fire Officer under this Act, the same shall be referred to the State 
Government and the decision of the State Government thereon shall be final. 

57. (1) The State Government may, by notification in the Official Gazette, 
and subject to the condition of previous publication, make rules, not 
inconsistent with this Act, for carrying out the purposes of this Act: 

Provided that if the State Government is satisfied that circumstances 
exist which render it necessary to take immediate action, it may dispense with 
the previous publication of any rule to be made under this Act. 

(2) In particular and without prejudice to the generality of the foregoing 
provisions, such rules may provide for all or any of the following matters, 
namely:-

(a) prescribing number of fire sub-divisions of fire divisions and fire 
divisions of fire region under clause G) and clause (1) respectively, 
of sub-section (1) of section (2); 

(b) prescribing qualifications for appointment of nominated officer 
under clause (u) of sub-section (1) of section 2; 

( c) prescribing rules governing the mode of recruitment of staff, grade 
of post, the qualifications, pay, allowances and other conditions of 
service of the officers and employees under sub-section (2) of 
section 5; 

(d) prescribing the qualifications for appointment and other conditions 
of service of the Regional Fire Officer under sub- section (6) of 
section 8; 



PART-IV] GUJARAT GOVERNMENT GAZETTE, Ex, 1-04-2013 

(e) prescribing the qualifications for appointment and other conditions 
of service of the Divisional Fire Officer and the Station Fire 
Officer under sub-section (2) of section l O; 

(t) prescribe other factors for the classifications of the category of 
Chief Fire Officer for each Local Fire Service under clause (a) of 
sub-section (3) of section 1 O; 

(g) prescribing the norms and qualifications of the each category of 
Chief Fire Officer under clause (b) of sub-section (3) of section 
l O; 

(h) prescribing the norms and qualification of the each category of Fire 
Safety Officer under sub-section (1) of section 12; 

(i) prescribing the form of enrolment certificate under sub-section (2) 
of section 12; 

G) prescribing the manner in which and the extent to which 
compensation shall be paid for damage caused under clause ( c ) of 
sub-section (1) of section 14; 

(k) prescribing rates of water supply, for drawing the water during fire­
fighting operations under section 15; 

(I) prescribing the terms of agreement with any person to maintain 
equipment for fire-fighting under section 16; 

(m) the fees payable for the training of personnel of any Fire Service 
and private services of industries, hotels, multi-storied buildings 
under sub-section (2) of section 17; 

(n) prescribing the fee and the procedure for providing a course of 
instruction under sub-section (3) of section 17; 

( o) prescribing the manner of service of notice under clause (b) of sub­
section ( 1) of section 19; 

(p) prescribing the measure for fire prevention and life safety under of 
sub-section (2) of section 27; 

(q) prescribing the form of undertaking under sub-section (3) of 
section 27; 

(r) prescribing the manner of service of notice under sub-section (8) of 
section 27; 

(s) prescribing the form of appeal and fees under sub-section (11) of 
section 27; 

(t) prescribing the fee to be paid, the form of application and form of 
licence and the manner under sub-section (2) of section 28; 

11-29 



11-30 

Power to make 
regulations. 

GUJARAT GOVERNMENT GAZEITE, Ex, 01-04-2013 [PART-IV 

(u) prescribing the fee to be paid For renewal of Licence, the fonn and 
the manner under sub-section (2) of section 28; 

(v) prescribing the manner and conditions for the expenses made from 
the fund under sub-section ( 4) of section 32; 

(w) prescribing the manner and fees for filing. an appeal under clause 
(ii) of section 33. 

(3) All rules made under this section shall be laid for not less than thirty 
days before the State Legislature as soon as may be they are made, and shall 
be subject to rescission by the State Legislature or to such modification as the 
State Legislature may make, during the session in which they are so laid or the 
session immediately following. 

(4) Any rescission or modification so made by the State Legislature shall 
be published in the Official Gazelle, and shall thereupon take effect. 

58. (1) The Director may, with the previous approval of the State 
Government, by notification in the Official Gazette, make regulations not 
inconsistent with the Act and the rules made there under, for enabling it to 
perform its functions under this Act. 

(2) In particular and without prejudice to the generality of the foregoing 
power, such regulations may be made to provide for all or any of the matters 
expressly required or allowed by this Act to be specified by regulations. 

Powerto remove 59. (1) If any difficulty arises in giving effect to the provisions of this Act, 
difficulty. the State Government may, as occasion requires, by order do anything not 

inconsistent with the objects and purposes of this Act, which appears to it to 
be necessary or expedient for the purpose of removing the difficulty.: 

Removal of 
doubt. 

Protection of 
action taken in 

good faith . 

Provided that, no order shall be made under this section after the 
expiry of three years from the date of comin.g into force ofthis Act. 

(2) Every order made under sub-section (1) shall be laid, as soon as may 
be, after it is made, before the State Legislature. 

60. For the removal of doubt, it is hereby declared that fire prevention and 
life safety measures specified under this Act shall be without prejudice to any 
civil or the criminal liability to which a person may be subject to under any 
law for the time being in force. 

61. 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 under 
this Act or the rules. 



PART- IV] GUJARAT GOVERNMENT GAZETTE, Ex, 1-04-2013 

62. Any amount payable under this Act shall be recovered as an 
arrears of land revenue. 

63. Every member of the fire service shall perform functions imposed by 
or under this Act in addition to and not in derogation of functions performed 
by the State Government or any of its officers in pursuance of the provisions 
of any law for the time being in force or in exercise of the executive powers of 
the State for the prevention of fire and life safety in the State or in relation 
thereto. 

64. In order to assist any disaster, other than resulting due to fire, all Fire 
Services shall be considered as emergency services: 

Provided that, in case where the emergency services are not related 
only to fire, the decisions and directions of the authority in charge of the 
emergency service shall prevail. 

GOVERNM£1'1T CENTRAL PR£SS, GANDHINAGAR 

11-31 

Recovery of 
dues. 

Savings. 

Fire Services 
to be consider 
as Emergency Strvices.