NYAYA SIGNAL

Manipur · 1993 · Bare Act

The Manipur Fire Service Act, 1992

:r‘-—wi~+~r«v1‘:~wr~w
W
.Ww

4W1
44

\ )

43:44.3»:433.134.4473:-

it?

7:3: ~74 R‘AO R D I N‘AJRWF
“

‘

»"

“‘

'1
,4 PUBLISHED \BY AUTHQRITX ,4

’80 I240; 1444314441. Mofiday,
‘

March 15,1993 (24443444444.24,1914)
,

GOVERNMENT OF MANIPUR

SECRETARIAT IAW & LEGISLATIVE AFFAIRS DEPARTMENT
}

NOTIFICATION

Imphal, .Ihe 15th March, 1993
_

No. 2/35/92-ch/L.~—The foIIowing Act of the LegisIature, Manipur which:

medassegt of the Governor of Mamput on II-3-93 is hereby puin;hedm E

31.1"»‘130M7CHA 'SINGH,
.

43 2:35», Sebrefaty’(LaW}-td théfiovt.’ 6f Manipu}.

C(flieanipmAct, No. 2 0311993,)

l
i

i
I

’

to 1129er for the maintenance of a Fire Service for the State of Mamjmr. 7

BEE :35.
{I

EhStatelegslatureofizManipur'm ihe FGICY‘thlfd 9f
‘

r?
,

theRepublIc0 min as follows:—-
M

‘

5342444433;mmcommencement—(1) This Acf" ~

, MampnrBias; Service Acffifim
_

4:343:3 3% f?
"

7
4

(2) It extendgéeeghs where of the'v‘smeof Mampur
,~ 3,4_

(3) itsfia‘ll came'mtom in 44434areaand fir‘i‘gj
mm by:summing rm time 433‘:

3:4

beiéaIIgfdi.Ihe‘

:j" .‘2

3:, 1,7 -

.
4

Ir_ 1

:4!

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) land Ind buildins‘: directly er Indirectlrconmciyd withfire fighting;
(ii) fire engines! pagipnnentsk tools, WWW in“; things Whatsoever

used forfire'iightm'g';
~ ,M .

, ~
,

W.
Gill 139191: Yehiclesand othermeans oftranmm j

,7
.

Tit!) uniforms and badges of ranks I;

(0)

(d)

(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, executive and operational duties in such ranks as may be
prescribed by the 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 Station
who is next in rank to such Oflicer or any other officer holding charge of
the 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-Witt5%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:

"
“

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 StateGaming-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 fitto assistthe Qire‘ctérhth discharge ofhis/dgties’; _

,7.
, 3:

6. Appointment of subordinate members otthe Fire Serviceju—I’gp Qirectororsuch other ofliéer ofthe Fire Serviceasthesgtate‘ Gwen;
. 2mg authoriseinthjs 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 formunder theseel of the fiirecfor or anf-ofilcer authoriseéin this behalf by? the State 3

Government and thereupon suCh ~pen-smushall hm the powers; functions andprivileges of a member of the Fire Service under this Act.
e

—

(2) The certificate ref‘ Ledgto; 19,-, sub—seetign 1.1): "shall smegmshsve efl‘ectwhen the person named ”t ei'eih classes "for any reason to beat member of theFire;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%mumsServicelie'hwsys osdut‘yandnaybeemytoyw$55313part 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

,EOWERS BRIE? .555?! qwfisumm,
7

HWEDIRBCITQRAED; M
”

«Bees art-me Hes sewer: -°

my.

<9 “s JEGESCSQIW with such 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‘

_ l

4 8

dismal-yo 1seem

(b) for
Pfifidflayudeqlxatesupplyof water stifleforesecurmg that it

7 shall available for use, 7

accommodating theméf'mbers of the Fire Service and8its are fighting
‘

appliances, ,

'(d) forgivingrewards topersonst have givennoticer5: fires ahd?

to those who haverendered effective service to the Fire Service,

3(e)for the tra1n1ng, dismphne slid good conduct
of the membersof

the Fire Service, 3.0,

(f) for deciding or determming the cadre or terms and conditions"
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‘ulesas it maydeem fig; ,

(g) for the speedy attendance of members ofthe Fire Service With:
'

necessary appliances and
equipments

on the occasion of any fire
alarm; ,_,-.

(h) for sending members of the Fire service With appliances and
'

equipments beyond the limits of any area in whichjhisAct 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) for the employment of the members of the Fire Servicein any
3 rescue. salvage or other special type ofjebS', ,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,-

., ‘e ’0“
I

c
,

,3”. a
' ‘

'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 suchnotificatron.. . V,
,

{2) No building or place shall be used as a warehouse or as a workshop-
unless the311%?

her or ocpupier thereof shall have previously
’

this Act. icience forshch use and that no licence to use an ’ = ?'

place a; anWarehouseshall be granted unless anelsbmldiagsorplacese"cm ,

’

to such precautionary measures taken by the owneroroccupier thereof as

may be directed by the Licencing Authority
(3) The owner or ecéhmcr :1: e3? befitting or place Which was being

used as a W mimmd’melyeheférethe 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 Wmcontender this Act sea tse‘wrtlrérawn
i:

sudsgmm‘lty who granted it.
/

5;,

’

(5) Where on application, 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 who shall'refer the case to 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 j prescrihed’manner within thirty days of such refusal,

withdrawaleor suspension provided that for) the purpose of this section the

rescribed Authority means the Director in cases where the Licensing Authority

g anofiicer subordinate to the Director and the State Government where the

‘Licensing Authority is the Director or the Deputy Commissioner.

13; Power to seize, remove or destroy goods, etc. :«-In case a warehouse isrdetected

using it without alicence, it shall be lawful for the Director or any offices

authorised by the State Government in this behalf, todirect removal of prescribed

article likelyuto cause risk of fire to a place, of safety and on failure of

the Director or such otiicer may seize, detain,
the owner or occupier: to do so,

remove, dispose of or destroy such- objects or goods in such manner as may be

prescribed by the State Government. The Director or such ofiicer as may be

authorised will not-be liable to
*

pay anyicompensationin any manner to any

person in this respect.
.-

-
7,

2—Whenever- a change in the occupation of, any

he person entering into the occupation of the same

shall, within two weeks of his so entering into occupation, give notice in writing to

the Licensing Authority of such changes of occupation and shall thereupon pay a,

fee as may be prescribed and his name shall accordingly be substituted in the licence

in respect of! the warehouse or workshop. for the name of the last occupier.

‘

‘14, Change of 'occupation
warehouse or workshop occurs, t

15. Fire works :n—No’ buildingior place shall be used for the purpose of manu-

facturing, making \or otherwise dealing in any manner in respect of fire works

Without previously Obtaining a licence for'the same from the Licensing Authority.

16. Place of public gathering for entertainmenti—(l) No building or structure

of any kind shall be used for public gathering for amusement,,entertainp1ent or any

other purposes where public may assemble unless the owner or occupier thereof

shallhave previously obtained a liéence. A pIication for such licence shall bemade

to the Licensing Authority who shall refer the case to the Director and the Licensing

Authority shall grant or refuse such-licence as may he recomlmnded by the Director.

(2)-(i) :_,_No»Licencevshall be, granted unless the building or structure con-

forms to" such rules" and conditions, as may ,_ peprescribcd for

purposes of public safety and
‘

‘
‘

(ii) advance payment of such‘ife‘es ‘as maybe prescribed is made.

gr» 3.
l

. 1

else and such other like

matters comii‘underthe'peryiew 9}" this Sectton h:
~

: 1:;
. r

\”Espleztzzjiqrtl—m—il‘heatres,“Cinemas, Circus, {Fair/M

r with muselhr authority is shasseflmwetea seep}! in the area to

‘

late the watetfmelus. sedans, t9: provid§ tester“ we" sriecifisd

pressure ”at the'"place Where fire “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 any source of .wgter, stregm,_;gisterh; £5.19; E?
belonging to member of the public or. asSociétiofi "or" "bo’ Y»

corporate While utilisirlgWater in accordance withri-thermrogisions
of ”this, section under this Act, the State GOVGEllmeQL may ehténta'm.

at its discretion,; 'el’air‘hs jar goraeerisatigq piefgrgrlfijy‘" saggy,
ease" ,

~afl‘ertedperson or party or body corporate Vas‘the; .

be,:

7 onmerit‘ ofjeach ease;
'

»
~ i

g ic)’ exercise the same powers fit;- diSpersing an assembly of Regime
likely to obstruct the fire fighting ‘roperetions as if‘hekxs merefioep

ill—charge of Police Station and as if such an assembly‘sis Pan
‘

‘

unlawful assembly glad shall be entitled to the same immunities and

protection as-xsuch an Officer in respect of the exercise o'F'such

powers and l 7

f
'

(I) generally take such measures as may appear to him to be necessity

for extinguishing the fire or for the protection of life :or profit?
and for which no member cfethje Fire Servicewegiringismdgr his

Order or irrstrucfions will be civilly qr ceiminellygxprbsecutedin 719

Court of lew.
’ '

’

* *
1:

’

“

':
smasher =me LopAL isms scaly/rice

23Regcc¥eryfiom Local Authority-«The State Goverhifumt: may recover

from any Local Authority of any area in which this Act is ini‘i‘or’ce andls‘u'ch con;

tribution towards the cost of the portion of the Fire Service maintained, in

that area as the State Government may direct from timeto time.
”

24. Levy of Fire Serviceyfee‘h-efi) There may be levied; fire Service fiF‘e'e
, on land'and buildings which ere situated. a'n any area. jiuyvhich this éctisih

‘

search and o-nwlfrchproperty tax by whatever name called is flevied'byeuyiLo’c'gi

Authority in that area. .

‘

12,). {The Fire service, Eee 531a“ be levied in the «some: ! smegma the

some: tax. .at sash Irate net exceeding 19% ‘Qfijsuchi-pmpertyxtax as m

"Stéte Government' may, by notificatinfi in she iGfieia’l Games, deem.

mmyferlsheufirgeheingzwmmdalogassess. mileage ge ,prce haying; of

preperty m unser miflawaum’ibeshewthw Heaths; ages
‘

such tax shallsoniimtflicfiaehe Stale Ecssmhenseselsebésfit ”sang title I1,

finder this getsgssess, colleet'and enforce payment of the ‘Frre service Fee int
:

We mmwtkemm ‘

. maid-lash -,
7 "and;{ this

metheyahg‘ssmmfisiseumrosrsny rgof gthewcwflfihefibafléi Elli“ ‘

E "

$0M“andfie’om‘j eunuch??? wmgmr. smut v.7

appeals. review, revismns. references «shagging: ans-w

(2) Such portion of the total proceeds of the Fire Service Fee as the State

Governinent‘ may determine shall be deducted to meet the cost of collection of
‘

theriFee. _ x

of (3)
/

The proceeds of the Fire 'Service Fee collected under this Act, redumd r

by the cost. of collection shall be paidto the State Government in such manner
»

and at such intervals as may be prescribed.
,

lefi Fixation of fees and procedure for payment—(l) Ther‘State Government:
may prescribe such fees and such procedure for-payment of fees as it may deem

fit for granting fanylicence under any of the provisron of this Act.

(2) The .State Government may prescribe such fees and such charges

and such conditions as it may deem fit for the purpose of difl‘erent types of“

special jobs that may be undertaken by the Manipur Fire Service and that

the Authority on whose 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 a fire in the neigh-

bourhood of such 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 one month of the service of a notice of demand by the Director on the

owner or the occupier and it it is not paid within. that period, it shall be

recoverable as an arrear of land revenue.

AC—QtllSlTlONflbF FIRE FIGHTING PROPERTY

27. Acquisition of fire fighting property:-- (I) Wlfrafrer making such enquiry
and investigation asit deems necessary and after giving the Local Authority an

opportunity to make its- representations, the StaterGovernment is of Opinion
that the standard of efliciency of the fire fighting personnel and equipment

maintained by the Local Authority is .not adequate to meet the normal require-

gnents of therareas, the State Government may acquire the fire fighting Property of
’

the Local Authority by publishing in the Official Gazette a notice to the effect

that the State Government 'has decided to acquire such property on payment of

its market value; a copy of such notice shall also be served on the Local

Authority.

(2) When a notiCe as aforesaid is published in the Oflicial Gazette, the

property specified in such notice shall, on and from the beginning of the date on.

which-the notice is so published, vest absolutely in the State Government, free -

from all encumbrances.

4: 28, Prohibition against transfer of fire fighting propertyz—Np Local Authority
‘of any area 7 in which this Act is in three shall, after (the commencement

’31,. this Act in that area, transfer or otherwiSe part with any fire 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 Act shall be the prevailing market value of csuch’propertyon i.th,e’dat9;:_.gf
*

‘issue‘ of 'the notice referred to in section 27.

9
,

,.rr-
_’___

(2) the amount of compensation shall be determined in the manneranfl
in accordance withtthe principles hereinafter set 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) where no such agreement can be reached,
'

the State Government shall
appoint arbitrator, a person who is or has been or is qualified for
appointment as a 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 may also nominate 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 the amount of 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 him on 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. ,

-.~
'

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; l

giantess-i earn; . is . we, 7 2 ,7 »._2

(2) All claims under sub-section (1) shall be preferred to the District;
‘Magietrate within thirty days from the date when the damage} was caused“

(3) The District Magistrate shall, after giving the parties an opportunity
of being heard, determine the amount of compensation due and pass an

order stating such amount and the person liable for the same and the order
so passed shall have the force of a decree of a civil court.

43. Power to obtain information f—Any officer of the Fire Service not

below the rank of Officer iii-Charge of a Fire Station or Sub-Station may
for the purpose of discharging his duties under the Act require the owner

or occupier of any building or other property to supply information with respect
to the character of such building or other property, the available, water supplies»
and the means of accesses thereto and any other material particulars and-

auch owner or

.occupier.__ shall furnish all the. information in his possession.

~ 44 Power of entry.——(1) The Director or any member of the Fire Service

authorised by him in this behalf may enter any of the place specifiedin any

notificatiQn issued under section 11 (l) for the purpose of determining whether

precautions against
fire required to be taken on such place have been sotaken.

(2) No claim shall lie 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 shall be made or

raised by any Local Authority or individual for water consumption in fire
fighting

operations by theFire Services
e-

46. No compensation for interruption of water supply:—No authority in.
‘

charge of water supply in an area shall be entitled to any claim for compel):
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 on out break of fire :——Any person who possesses any informa—
ti'on regarding an outbreak of fire shall communicate the same by quickest means
to the nearest Fire Station.

49.1ndemnitys:—-No Suit, prosecution or other legal proceedings shall lie

against any member of theFire Service for anything which is in good faith done or

intended to be done.‘1n pursuance of this Act or

any
rule or

order
made

thereunder}:
50 Powerto make Rules :‘--(1) TheState Government may, bynotificatlon

inthe Oflicinl Gazette, make rules for carrying out the purposesof this Act
'