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The Punjab Fire and Emergency Service Act, 2024
Act No. 12 of 2024
DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research
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PUNJAB GOVT. GAZ.(EXTRA), NOVEMBER 26, 2024
(AGHN 5, 1946 SAKA)
49
PART I
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB
NOTIFICATION
The 27th October, 2024
No. 12-Leg./2024.- The following Act of the Legislature of the State of
Punjab received the assent of the Governor of Punjab on the 25th day of
October, 2024, is hereby published for general information :-
THE PUNJAB FIRE AND EMERGENCY SERVICE ACT, 2024
(Punjab Act No. 12 of 2024)
AN
ACT
to make provisions for planning and managing fire prevention
and life safety measures, the constitution and maintenance of a Fire and
Emergency Service for the whole of the State of Punjab and regulating private
rights and obligations in the interest of ensuring adequate provisions for fire
prevention and life safety in all structures within the State of Punjab, and all
other matters connected therewith or incidental thereto.
Be it enacted by the Legislature of the State of Punjab in the
Seventy-fifth Year of the Republic of India as follows:-
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Punjab Fire and Emergency
Service Act, 2024.
(2) This Act shall extend to the whole of the State of Punjab.
(3) This Act shall come into force on and with effect from the date of
its publication in the Official Gazette.
2. (1) In this Act, unless the context requires otherwise,-
(a) ‘building or building premises’ means any structure or any part
thereof, whether built with or without authorization of any law
applicable in the State of Punjab, used for any purpose including
storing explosives, explosive substances and dangerously
inflammable substances, and also includes outhouses, sheds, stables,
garages or any other structures that may be built appurtenant to
Short title,
extent and
commencement.
Definitions.
PUNJAB GOVT. GAZ.(EXTRA), NOVEMBER 26, 2024
(AGHN 5, 1946 SAKA)
50
some main structure or premises.-
Explanation: In this clause, “explosive”, “explosive substance”
and “dangerously inflammable substance” shall have the meaning,
respectively assigned to them in the Explosives Act, 1884 (Central
Act No. 4 of 1884), the Explosive Substances Act, 1908 (Central
Act No. 6 of 1908) and the Inflammable Substances Act, 1952
(Central Act No. 20 of 1952);
(b) ‘building bye-laws’ means rules or regulations made to regulate
any aspect of the erection or re-erection of any or all buildings, by
whatever name they may be called, under the Punjab Municipal
Act, 1911 (Punjab Act No. 3 of 1911), Punjab Town Improvement
Act, 1922 (Punjab Act No. 4 of 1922), Punjab Municipal Corporation
Act, 1976 (Punjab Act No. 42 of 1976), Punjab Regional and Town
Planning and Development Act, 1995 (Punjab Act No. 11 of 1995)
and Punjab Apartment and Property Regulation Act, 1995 (Punjab
Act No. 14 of 1995), including the Development Control Regulations
mentioned in the Master Plans, and any other law which regulates
any aspect of the erection or re-erection of any or all buildings;
(c) ‘Director’ means the Director Fire and Emergency Service, Punjab;
(d) ‘erector’ means,-
(i) with respect to pandals, any person or association of persons,
who causes a pandal to be erected; and
(ii) with respect to a site, premise and building, any person or
association of persons directing construction activities with
relation to a site, premises or building;
(e) ‘emergency’ means any serious occurrence, including fire outbreak,
and disaster as defined in the National Disaster Management Act,
2005 (Central Act No. 53 of 2005);
(f) ‘Fire Brigade’ means the organization of members of Punjab Fire
and Emergency Service posted under the local authority who respond
to emergencies and perform such other functions as are conferred
on them under this Act, and shall also include fire stations and other
equipment, appliances and assets;
(g) ‘fire call’ means a request for assistance in the form of supply of
equipment, appliances or personnel to effectively deal with the
PUNJAB GOVT. GAZ.(EXTRA), NOVEMBER 26, 2024
(AGHN 5, 1946 SAKA)
51
outbreak of a fire;
(h) 'Fire Divisions' means such districts as may be notified by the
Government to be a part of such fire division;
(i) "Fire Officer" means such class of officers appointed in the Punjab
Fire and Emergency Service, as may be decided by the Government,
for performing such functions, as may be assigned to them;
(j) ‘fire prevention and life safety measures’ means such measures,
as may be prescribed;
(k) ‘Fire Station’ means a building erected to house the firefighting
equipment, appliances and personnel, and declared generally or
specially by the Government to be a Fire Station for the purposes of
this Act;
(l) ‘Government’ means the Government of the State of Punjab in the
Department of Local Government;
(m) ‘local authority’ means the Municipal Corporations, Municipal
Councils, Nagar Panchayats, Improvement Trusts, Gram
Panchayats, Zila Parishads, Cantonment Boards and any other
institution of self-government constituted under any law enacted by
the Parliament or the Legislature of the State of Punjab;
(n) ‘Nominated Authority’ means a Fire Officer, with such technical
qualifications and experience as may be prescribed, who is
recognized as such by a notification in the Official Gazette by the
Government as a Nominated Authority for any or all purposes under
this Act;
(o) ‘occupier’ shall include,-
(i) any person who, for the time being, is paying or is liable to pay,
to the owner the rent or any portion of the rent of the land or
building in respect of which such rent is paid or is payable;
(ii) an owner in occupation of, or otherwise using their land or
building;
(iii) a rent-free tenant of any land or building;
(iv) a licensee in occupation of any land or building; or
(v) any person who is liable to pay to the owner damages for the
use and occupation of any land or building;
PUNJAB GOVT. GAZ.(EXTRA), NOVEMBER 26, 2024
(AGHN 5, 1946 SAKA)
52
(p) ‘owner’ includes a person who, for the time being, is receiving or is
entitled to receive, the rent of any land or building or premises,
whether on his own account or on account of himself and others or
as an agent, trustee, guardian or receiver or any other person, or
who should so receive the rent or be entitled to receive it if the land
or building or part thereof were let to a tenant:
Provided that in the case of a residential society with an
association of owners of individual units, that association of owners
shall be the ‘owner’ for the purposes of this Act:
Provided further that ‘owner’ shall also include the Head
of a Government Department, General Manager of a Railway,
and the Secretary or other principal officer of a local authority,
statutory authority or company, in respect of properties under their
respective control;
(q) ‘pandal’ shall mean a temporary structure with a roof or walls made
of straw, hay, ulu grass, golpatta, hogla, darma, mat, canvas, cloth
or other like materials like tin, fibre etc. sheets which is not adopted
for permanent or continuous occupancy;
(r) "premises" means any land or building or part of a building and
includes,-
(i) the garden, ground and out-houses or structures, if any,
appertaining to a building or part of a building; and
(ii) any fitting affixed to a building or part of a building;
(s) ‘prescribed’ means prescribed by rules made under this Act;
(t) ‘qualified agency’ means a person or an entity licensed by the
Government, with such assistance from the Director or such other
officer, or body, as the Government may empower in this regard,
for undertaking such activities in relation with fire prevention and
life safety measures in sites, premises, buildings and pandals and in
such manner, as may be prescribed;
(u) ‘rules’ means the rules made under this Act; and
(v) ‘Service’ means the Punjab Fire and Emergency Service.
(2) The words and expressions used but not defined in this Act, shall
have the meanings respectively assigned to them in the National Building Code
of India, 2016.
PUNJAB GOVT. GAZ.(EXTRA), NOVEMBER 26, 2024
(AGHN 5, 1946 SAKA)
53
CHAPTER II
PART A
CONSTITUTION OF A FIRE AND EMERGENCY SERVICE
FOR THE STATE OF PUNJAB
3. (1) There shall be one Service for the whole of the State of Punjab,
namely the Punjab Fire and Emergency Service which shall be headed by the
the Director.
(2) The Government may create, modify, amend or omit any post in the
Fire and Emergency Service for governance of such Service subject to such
conditions, as may be prescribed.
(3) Notwithstanding anything contained in any other law of the State of
Punjab, all officers and employees who are currently employed on any post in
any fire brigade or Fire Station currently maintained by any institute of local
government operational within the State, shall be deemed to have been absorbed
in the Punjab Fire and Emergency Service.
(4) The members of the Punjab Fire and Emergency Service, as they
shall be after such absorption under sub-section (3), shall be governed by such
terms and conditions, as may be prescribed.
(5) All proceedings pending with any Fire Officer, immediately before
the absorption, shall be deemed to be a proceeding pending with the officer
who occupies the post that the Fire Officer occupied before the absorption.
(6) A member of the Punjab Fire and Emergency Service may be posted
anywhere within the State, and may at any time be transferred from a post in
one local authority to a post in any other local authority or to a post at the office
of the Director or fire Divisions.
4. Without prejudice to the provisions of any other law of the State of
Punjab on the subject for the time being in force, the Punjab Fire and Emergency
Service shall be considered as an essential service to the community unless
the Government may, by notification, decide otherwise.
5. (1) The overall superintendence of, and control over, the Punjab Fire
and Emergency Service throughout the State shall vest in the Government.
(2) All officers and employees employed on any post in any Fire Brigade
or Fire Station shall be controlled by the heads of the respective Urban Local
Fire and
Emergency
Service for the
whole State.
Declaration of
Punjab Fire and
Emergency
Service to be
an essential
service to the
community.
Superintendence
of Fire and
Emergency
Service.
PUNJAB GOVT. GAZ.(EXTRA), NOVEMBER 26, 2024
(AGHN 5, 1946 SAKA)
54
Bodies or as may be prescribed by the Government.
(3) The Punjab Fire and Emergency Service shall be administered by
the Government in accordance with the provisions of this Act and of any rules
made thereunder, through the office of the Director and such Fire Officers as
the Government may, from time to time, appoint in this behalf.
6. (1) The Director, Department of Local Government, Punjab shall be
the ex-officio Director of the Punjab Fire and Emergency Service until the
Government appoints a Director, having such qualifications and experience, as
may be prescribed.
(2) The Director shall have jurisdiction over all members of the Punjab
Fire and Emergency Service and local authorities in the State for the purposes
of this Act.
(3) The Government may from time to time, either suo moto or upon a
recommendation made by the Director, constitute by notification, as many
committees as it deems fit, to perform such functions as may enable the Director
to efficiently exercise any or all powers and perform any or all functions
conferred upon him by or under this Act.
(4) The Government may, from time to time, either suo moto or upon a
recommendation made by the Director, appoint such other officers and staff,
either to a committee created under sub-section (3) or otherwise, as may be
necessary to aid the Director in the performance of his duties.
(5) The committees constituted by a notification under sub-section (3)
shall perform such functions and in such manner, as may be notified by the
Government.
7. (1) Subject to other provisions of this Act, the Director shall perform
such functions as are conferred upon him by the Government from time to
time.
(2) Without prejudice to the generality of sub-section (1), the Director
shall perform functions including, but not limited to,-
(i) liaison with the Government of India for the development of
the Service;
(ii) represent, or recommend to the Government any other
member of the Service to represent the Government on national
and international forums relating to any aspect of fire
prevention and life safety;
Appointment
of Director of
Fire and
Emergency
Service.
Functions of
the Director.
PUNJAB GOVT. GAZ.(EXTRA), NOVEMBER 26, 2024
(AGHN 5, 1946 SAKA)
55
(iii) appoint or cause to be appointed, after approval by the
Government, such number of persons into the Service, as may
be necessary for the effective operation of Fire Brigades under
local authorities in the State, and also direct all activities in
relation to appointments to the Service;
(iv) transfer any member of the Service, with the approval of the
Government;
(v) make recommendations to the Government for the creation of
new posts in any or all Fire Brigades maintained by local authorities;
(vi) conduct inquiries into the conduct of members of the Service
either suo moto or after receiving a complaint from the local
authority, and recommend appropriate action to the
Government, if necessary;
(vii) conduct periodic review, or cause a periodic review to be
conducted, of fire equipment and other appliances, assets, and
clothing and other necessaries maintained by each local
authority in the State, and make recommendations to local
authorities for the improvement of the same;
(viii) conduct, or cause to be conducted by auditors, who possess
the prescribed qualifications and experience, a periodic review
of all enforcement activities of members of the Service,
including inspections and imposition of penalties, and also
conduct, or cause to be a conducted by auditors, who possess
the prescribed qualifications and experience, a periodic review
of all enforcement activities of Qualified Agencies to ensure
that such enforcement activities are conducted in conformity
with the provisions of this Act and the rules made thereunder;
(ix) upon receiving a request from a local authority, procure fire
equipment and other appliances, assets, and clothing and other
necessaries for the Fire Brigade maintained by the said local
authority, subject to payment of such fee by the local authority,
as may be prescribed;
(x) procure, or cause to be procured, on behalf of the Government,
fire equipment and assets that may be requisitioned by any
local authority in the State, and also cause such fire equipment
and assets to be maintained in operational condition;
PUNJAB GOVT. GAZ.(EXTRA), NOVEMBER 26, 2024
(AGHN 5, 1946 SAKA)
56
(xi) make suitable arrangements for the periodic training of
members of the Service; and
(xii) assist local authorities suo moto or if local authorities request
for such assistance, or if the Government so directs, investigate
the cause of a fire as well as the efficacy of the response
thereto and make recommendations to the Government for
the effective implementation of fire prevention and life safety
measures.
8. (1) The Government, the Director or any officer so authorized by the
Government or the Director may call for reports and statements from any or
all local authorities or members of the Service on any subject connected with
the functions conferred on the Government and the Director, as the case may
be, by or under this Act, including fire prevention and life safety, the maintenance
of order and the performance of duties by all members of the Punjab Fire and
Emergency Service.
(2) Where any reports or statements are called for under sub-section
(1), the local authority or the members of the Service, as the case may be, shall
furnish them within the time specified by the Government or the Director, as
the case may be.
PART B
OPERATION OF FIRE BRIGADES
9. (1) Each local authority may, and if the Government directs shall,
maintain a Fire Brigade.
(2) Every local authority that maintains a Fire Brigade shall make
available to the Fire Brigade such equipment and assets, as may be necessary
for the members of the Service posted in such Fire Brigade to effectively
discharge their duties and perform their functions as conferred upon them by
or under this Act.
(3) The local authority shall maintain such posts in the Fire Brigade as
required by the Government after consultation with the Director:
Provided that all posts in Fire Brigades maintained by local authorities
shall be occupied by persons who are appointed or caused to be appointed as
members of the Service, or are members by virtue of sub-section (3) of section
3 of this Act.
(4) Every local authority that maintains a Fire Brigade shall appoint the
Calling of
reports and
statements.
Maintenance
of Fire
Brigades by
local
authorities.
PUNJAB GOVT. GAZ.(EXTRA), NOVEMBER 26, 2024
(AGHN 5, 1946 SAKA)
57
senior-most member of the Service posted at that Fire Brigade to,-
(i) act as the commanding officer, under the general control of
such a member of the local authority as decided by the Director,
for all operations in response to an emergency;
(ii) take such measures, as are prescribed to ensure discipline
amongst, and efficiency of, other members of the Service
posted at the Fire Brigade; and
(iii) give such assistance to the local authority as the local authority
may require to effectively perform its functions regarding fire
prevention and life safety.
(5) Local authorities shall perform such other functions with respect to
establishing, maintaining and managing Fire Brigades, as may be prescribed.
10. All Local authorities, after consulting the officer appointed under
sub-section (4) of section 9, shall take all reasonable measures to ensure that
an adequate supply of water and other necessary infrastructure is available
for use in the event of an emergency.
11. The officer appointed under sub-section (4) of section 9 may, in
consultation with the local authority, direct members of the Service to participate
in any activity for which they are suitable by reason of their training, or
appliances and equipment.
12. Every member of the Service shall for all purposes of this Act be
deemed to be always on duty and be deployed for turn-out duty in any part of
the State.
PART - C
TERMS OF SERVICE AND OTHER PARTICULARS
GOVERNING MEMBERS OF THE PUNJAB FIRE AND
EMERGENCY SERVICE
13. (1) Every member of the Service shall, on appointment, receive a
certificate of appointment.
(2) The certificate shall be issued under the seal of the Director and
shall be in such form, as the Government may, by general or special order,
specify.
(3) Every member of the Service shall, upon appointment, be entitled
to such clothing and other necessaries for the efficient performance of their
Water supply
and other
infrastructure.
Employment
on other
duties.
Members of
Service
deemed to be
always on
duty.
Appointment
of members of
Service.
PUNJAB GOVT. GAZ.(EXTRA), NOVEMBER 26, 2024
(AGHN 5, 1946 SAKA)
58
duties, as may be prescribed.
14. (1) The provisions of the Punjab Civil Service Rules, and the Government
Employees (Conduct) Rules, 1966 shall mutatis mutandis apply to the employees
of the Service. Rules as applicable to the Punjab Government employees shall
also be applicable to the members of the Service.
(2) Without prejudice to any other provision of this Act, the Government
may prescribe for members of the Service, benefits and allowances of such
nature and to such extent as the Government may deem fit, in the light of risks,
hazards and hardship peculiar to the duty of a member of the Service.
15. (1) Subject to other provisions of this Act, the Government may
prescribe the mode of recruitment, pay scale of post, qualifications and other
conditions of service of the members of the Punjab Fire and Emergency Service,
as well as all matters connected therewith.
(2) Save as otherwise provided by or under this Act, every person
holding office in an existing Fire Brigade or Fire and Emergency Service of
any local authority on the date immediately before the commencement of this
Act shall continue to hold office on the same rank, and terms and conditions as
were applicable to them immediately before such date.
16. To encourage outstanding members of the Service who have shown
exceptional gallantry and devotion to duty in saving the life and property, the
Director may, either suo moto or upon a recommendation from the local authority,
and with the prior approval of the Government, grant such incentives and
rewards, as may be prescribed.
17. (1) No member of the Service shall be a member of, or be associated
in any way with, any union, labour union, political association or with any class
of trade union, labour union or political association.
(2) No member of the Service shall, without the previous sanction in
writing of the Government or of the prescribed authority,-
(i) be a member of, or be associated in any way with, any social
institution, association, or organization that is not recognized
as a part of the Service, or is not purely of a social, technical,
recreational or religious nature; or
(ii) communicate with the press or publish or cause to be published
any book, letter or other document, except where such
communication or publication is in the bonafide discharge of
Certain Punjab
rules to apply
to members of
the Service.
Conditions of
service
applicable to
members of
Service.
Grant of
incentives for
outstanding
service.
Restrictions
regarding
right to form
associations.
PUNJAB GOVT. GAZ.(EXTRA), NOVEMBER 26, 2024
(AGHN 5, 1946 SAKA)
59
their duties or is of a purely literary, artistic or scientific
character.
Explanation.- If any question arises as to whether any society,
institution, association, organization is of a purely social, technical,
recreational or religious nature, the decision of the Government
thereon shall be final.
(3) No member of the Service shall participate in, or address, any
meeting or take part in any demonstration organized by anybody or persons for
any political purposes, or for such other purposes, as may be prescribed.
18. Notwithstanding any action which may be taken under the provisions
of this Act, any member of the Service who is found to be guilty of any violation
of any provision of this Act or any rule or order made thereunder shall, in
addition to disciplinary action as per the Punjab Civil Services Rules and the
Government Employees (Conduct) Rules, 1966, be punishable with such fine,
as may be prescribed.
19. The powers, functions and privileges vested in a member of the
Service shall remain suspended while such person is under suspension from
office:
Provided that notwithstanding such suspension, such person shall
not cease to be a member of the Service and shall continue to be subject to the
control of the same authorities to which he would have been if he had not been
under suspension.
PART - D
POWERS TO PREPARE AND MAKE ARRANGEMENTS FOR
EFFECTIVE
RESPONSE TO EMERGENCIES
20. The Director or any local authority may, with the prior sanction of
the Government,-
(i) plan and enter into agreement with private persons or
organizations or companies under any mode of Public-Private-
Partnership for improvement of infrastructure or services of
the Fire Brigades maintained by local authorities; and
(ii) plan and enter into agreement with other parties for better
operation and maintenance of fire infrastructure.
Penalty for
violation of
duty.
Effect of
suspension of
members of
the Service.
Power of
Director and
local authority
to enter into
arrangements
for Public-
Private
Partnership.
PUNJAB GOVT. GAZ.(EXTRA), NOVEMBER 26, 2024
(AGHN 5, 1946 SAKA)
60
21. The Director, or any local authority or the officer appointed under
sub-section (4) of section 9 may 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 provisions by that person
or organisation for assistance for the purpose of dealing with fire occurring in
any area in which this Act is in force.
CHAPTER III
OBLIGATIONS OF OWNERS AND OCCUPIERS OF BUILDINGS
AND ERECTORS OF PANDALS
22. (1) For the purposes of this Act, sites, premises, buildings and pandals
may be classified as posing a low, medium or high risk of fire. The risk-
classification shall be notified by the Government.
(2) Buildings and pandals shall be compliant with all fire prevention and
life safety measures that are applicable to such buildings and pandals.
23. (1) The owners and occupiers of any low, medium or high risk building
shall, either individually or jointly, obtain a Provisional Fire Safety Certificate
before obtaining a building plan approval, and obtain a Final Fire Safety
Certificate before obtaining a completion certificate:
Provided that notwithstanding anything contained in any other law
of the State of Punjab for the time being in force, no authority empowered to
grant a building plan approval, or a Completion or Occupancy Certificate, shall
grant the same unless the said authority is satisfied that the owners or the
occupiers, either individually or jointly, have obtained a Provisional or Final Fire
Safety Certificate, as may be appropriate, under this Act.
(2) The owner or occupier, as the case may be, shall procure a
Provisional Fire Safety Certificate and a Final Fire Safety Certificate from a
Nominated Authority, in such manner and upon payment of such fee, as may
be prescribed:
Provided that the certificates shall only be granted after the owner or
occupier, as the case may be, has submitted an application that is complete in all
respects and has complied with all the fire prevention and life safety measures:
Provided further that the Government may rationalise the
requirements as to information and evidence thereof to be submitted in or with
an application for renewal of the Final Fire Safety Certificate:
Powers of
Director and
local
authority to
enter into
arrangements
for
assistance.
Duty to
comply with
fire
prevention
and life safety
measures.
Duty to
procure Fire
Safety
Certificate,
and allied
duties.
PUNJAB GOVT. GAZ.(EXTRA), NOVEMBER 26, 2024
(AGHN 5, 1946 SAKA)
61
Provided further that if any certificate is procured by misrepresenting
facts in the application for the certificate, the persons guilty of such
misrepresentation shall be proceeded against in accordance with the provisions
of Chapter-VII of this Act.
(3) For all applications on which the Nominated Authority makes a
decision, the Fire Officer shall decide within such time as is notified under the
Punjab Transparency and Accountability in Delivery of Public Service Act,
2018 (Punjab Act No. 16 of 2018), failing which the Nominated Authority shall
give reasons in writing:
Provided that the Government shall also specify the manner in which
Nominated Authority may conduct various activities in relation to deciding on
applications for certificates, including but not limited to raising complaints, in
the interest of ensuring that fire prevention and life safety measures in buildings
are adequately inspected and the certificates issued within the stipulated time.
(4) The validity of a Final Fire Safety Certificate shall be such, as may
be prescribed:
Provided that the validity period of a certificate for a building or
premises shall ordinarily be not less than three years, unless, in case of specific
risk categories, prescribed otherwise.
(5) After obtaining the Final Fire Safety Certificate, the owners and/or
occupiers shall furnish periodic returns to the Government stating that their
building is compliant with fire prevention and life safety measures as per the
approved building plan and all the firefighting equipment is in operational
condition. The return shall be filed in such Form, with such details and with
such periodicity, as may be prescribed.
(6) The Government or the Director or the local authorities may conduct,
or cause to be conducted by auditors, who possess the prescribed qualifications
and experience, an audit of any or all activities in relation to certification of
buildings.
24. (1) In compliance with the provisions of Part III and IV of the National
Building Code of India, 2016 and any other law of the State of Punjab for the
time being in force or bye-laws, as applicable on relevant premises, the owner
or the occupier of a building, who is responsible either individually or jointly
shall,-
(i) provide firefighting installations and life safety measures; and
Liability of
owner or
occupiers for
approval of
firefighting
scheme.
PUNJAB GOVT. GAZ.(EXTRA), NOVEMBER 26, 2024
(AGHN 5, 1946 SAKA)
62
(ii) maintain the fire prevention and life safety measures in
operational condition at all times.
(2) Any person proposing to construct a building or development of a
colony or site, at the time of approval of building plans or completion plan, as
the case may be, from the officer competent to approve the same under the
relevant law, shall apply for approval of the fire fighting scheme confirming to
the provisions of this Act and Part- IV of the National Building Code of India,
2016, to the Director or any officer authorized by him in this behalf, in such
Form, along with such fee, as may be prescribed:
Provided that the residential independent floors having height up to
17.5 meter with stilts (stilts to be used exclusively for parking only), permitted
under the rules and byelaws, shall be considered as low rise buildings and fire
norms shall be applicable accordingly.
Explanation.- The above proviso shall not be applicable if stilt parking
has not been provided:
Provided further that the height of the industrial building may be
allowed up to twenty-one meters for G-1 and G-2 categories as defined in the
National Building Code, 2016, with a condition that no regular or continuous
human habitation is permitted beyond eighteen meters height:
Provided further that the Director or any other officer authorized
by him in this behalf while approving the fire fighting scheme may impose any
additional conditions or fire safety measures, which he deems fit, for the safety
of people and safety of the building depending upon the ground situation.
25. (1) The erectors of pandals shall be deemed to be self-regulators for
taking fire prevention and life safety measures:
Provided that for such classes of pandals as may be prescribed, the
erector shall be required to procure a Fire Safety Certificate before using the
pandal for its intended purpose from the Nominated Authority in such manner,
within such time period and upon payment of such fee and other charges, as
may be prescribed, if the Nominated Authority is satisfied about the compliance,
by the owner or occupier, with the applicable fire prevention and life safety
measures.
(2) Every erector of a pandal who is not required to obtain a Fire Safety
Certificate shall display at a prominent place in the pandal a declaration in the
prescribed Form and under their own signature or signature of the Nominated
Fire
prevention
and life safety
measures in
pandals.
PUNJAB GOVT. GAZ.(EXTRA), NOVEMBER 26, 2024
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63
Authority, to the effect that he has taken all the prescribed fire prevention and
life safety measures therein.
(3) All erectors of pandals who are required to obtain a Fire Safety
Certificate shall display the said Fire Safety Certificate at a prominent place in
the pandal.
26. (1) Owners and occupiers of high-risk buildings shall appoint a Private
Fire Safety Manager to ensure the compliance of all fire prevention and fire
safety measures, and thereafter inform the Fire Officer, in writing, within whose
jurisdiction the building is located, of the appointment.
(2) If the owners and occupiers of any high risk building fail to appoint
the Private Fire Safety Manager within thirty days of the requirement being
applicable to them, each one of them shall be deemed to be in default jointly
and severally.
(3) The employers of the Private Fire Safety Manager may take steps
to facilitate periodic training for the Private Fire Safety Manager at the National
Fire and Emergency Service College, Nagpur or the fire training institute
established under this Act or at any other equivalent institution recognised by
the Government in this behalf or as may be prescribed.
CHAPTER IV
QUALIFIED AGENCIES
27. (1) The Government, with such assistance from the Director or such
other officers or body, as the Government may empower in this regard, may
grant any person or entity, on the basis of such qualification criteria and upon
receiving such fee, as may be prescribed, a license to act as a Qualified Agency
within the State of Punjab.
(2) Qualified Agencies shall undertake such activities in relation to fire
prevention and life safety measures, in such buildings or classes of buildings,
and in such manner, as may be prescribed:
Provided that the power to issue Fire Safety Certificate shall not
be delegated to the Qualified Agency.
(3) A Qualified Agency may be revoked by the Director if, after
considering a recommendation made by an officer involved in assisting the
Government under sub-section (1), the Director concludes that,-
(i) it failed to provide such forms, documents, and returns as it
may be required to submit as provided in or under this Act
Appointment
of Private Fire
Safety
Manager.
Grant of license
to act as
Qualified
Agency.
PUNJAB GOVT. GAZ.(EXTRA), NOVEMBER 26, 2024
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64
without just cause; or
(ii) it caused such facts to be furnished which misrepresent the
facts or mislead the authority.
(4) Notwithstanding any penalty that may be imposed on the Qualified
Agency under this Act, no owner or occupier with whom the Qualified Agency
liaised shall incur any penalty including but not limited to cancellation of Fire
Safety Certificate, except when warranted under any provision of this Act.
(5) The Director, or such Fire Officers as may be authorised by him,
shall keep track of the compliance history of the Qualified Agency in such
manner, as may be prescribed.
CHAPTER V
LEVY OF FIRE TAX, CESS, USER FEE AND CHARGES
28. (1) A fire tax may be levied on all owners of land and buildings within
the State. A fire cess may also be levied on the said fire tax or on property tax
or other taxes.
(2) The authorities empowered to assess, collect and enforce payment
of taxes on land and buildings and cesses under the relevant law authorising
the local authority of the area to levy such taxes and cesses shall assess,
collect and enforce payment of the fire tax and cess in the same manner as
other taxes and cesses on land and buildings are assessed, paid and collected.
The authorities may, for this purpose, exercise all or any of the powers conferred
on them under the relevant law. The provisions of such law empowering the
local authority to impose the property tax, including provisions relating to return,
appeals, reviews, reference and penalties, shall apply accordingly.
(3) User charges may also be levied where a person or entity requests
for, and avails of, any service to ensure effective response to any fires that
may break out.
(4) The owners and occupiers of all buildings shall also pay a fee for;
including but not limited to the following, namely:-
(i) the grant of certificates;
(ii) the grant of license to act as Qualified Agency; and
(iii) fee for the training or instruction in the prevention and
extinguishment of fire.
(5) All proceeds from the collection of the tax, cess, user charges and
Levy of fire
tax, cess, user
charges and
fees.
PUNJAB GOVT. GAZ.(EXTRA), NOVEMBER 26, 2024
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65
fees shall be deposited in the funds of the respective local authorities or the
fund constituted under section 29 of this Act or as may be notified by the
Government from time to time:
Provided that the local authority shall transfer such a percentage of
the collections of tax, cess, user charge and fee to such an account of the
Directorate of Fire Service as may be notified by the Government from time to
time.
(6) The fund shall be reflected into the budget estimate of the respective
authority or local authority, as the case may be, 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 law or
the rules and orders made thereunder as are applicable to the respective
authority.
29. (1) There shall be constituted a Fund to be called the Fire Prevention
and Life Safety Fund, to be maintained at the level of the Director or as may
be prescribed.
(2) Such portions as may be notified, of the cess and/or fees for the
grant of certificates for buildings and pandals, fees for licenses to act as Qualified
Agencies and user charges, shall be transferred by the local authorities to the
Fire Prevention and Life Safety Fund.
(3) The Government may specify, by a notification in this behalf, any
number of other sources for monies for the Fire Prevention and Life Safety
Fund.
(4) The amount in the Fire Prevention and Life Safety Fund shall be
expended, under the general control of the Government for the performance
of functions specified under this Act relating to the prevention and containment
of fire and prevention of harm to life and property.
CHAPTER VI
POWERS AND FUNCTIONS OF THE FIRE OFFICERS
PART - A
GENERAL POWERS AND FUNCTIONS OF THE FIRE OFFICERS
30. All the officers and employees of the Service shall be deemed to be
public servants within the meaning of clause (28) of section 2 of the Bharatiya
Nyaya Sanhita, 2023, (Central Act 45 of 2023).
Constitution
of Fund.
Officers to be
public
servants.
PUNJAB GOVT. GAZ.(EXTRA), NOVEMBER 26, 2024
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66
PART - B
INSPECTION AND ALLIED POWERS AND FUNCTIONS
31. 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
owners or occupiers of any building to supply information with respect to the
character of such building, the available water supplies, means of access thereto
and any other material particulars relating to fire prevention and life safety
measures for such building, and such owner or occupier shall furnish all the
information in their possession.
32. (1) Every local authority shall, with such directions from the Director
and other members of Service as the local authority may deem necessary,
prepare a schedule of periodic inspections of buildings depending upon the risk
classification of buildings.
(2) The Nominated Authority may enter any sites, premises and buildings
to determine whether the building is compliant with such fire prevention and
life safety measures with which the building must comply as per the provisions
of this Act. The Nominated Authority, during an inspection as per the schedule
of periodic inspection, shall not enter any building before sunrise and after
sunset, and shall give a prior notice before entering any building for inspection.
(3) The Nominated Authority shall be provided with all possible
assistance by the owners and occupiers, as the case may be, of such sites,
premises and buildings for carrying out the inspection.
(4) The owners or occupiers or any other person shall not obstruct or
cause any obstruction to the entry of any person authorized to enter the building
under this section, and no such person shall be molested after such entry.
(5) The Nominated Authority shall, after the completion of the inspection
of the building, record its views in such proforma, as may be prescribed, on the
deviations from or the contravention of, the applicable fire prevention and life
safety measures, issue a notice to the owners or occupiers of such building,
directing them to undertake such measures as specified in the notice, and
within such period of time, as may be specified in the notice.
(6) Within ten business days or within such time period as may be
prescribed, from the day on which the inspection was carried out, the owner or
occupier, as the case may be, of every building inspected shall be provided
with a detailed inspection report recording all the observations made by the
Nominated Authority with respect to the building.
Power to
obtain
information.
Inspection of
sites,
premises and
buildings.
PUNJAB GOVT. GAZ.(EXTRA), NOVEMBER 26, 2024
(AGHN 5, 1946 SAKA)
67
(7) In case the owners or occupiers, as the case may be, fail to comply
with the notice issued to them after inspection within the specified time period, they
shall be liable to be penalized as per the provisions of Chapter- VII of this Act.
(8) The Government may commission any other person or entity, with
such qualifications as may be notified, to perform the functions of the Nominated
Authority under this section, in such manner, as may be prescribed.
(9) The Government or the Director or the local authority may conduct
or cause to be conducted by the auditors who possess such qualifications and
experience, as may be prescribed, a periodic audit of any or all activities in
relation to inspection of buildings.
33. (1) A Fire Officer may direct the removal of any object to a place of
safety if, in the opinion of the Fire Officer, it is likely to cause risk of fire,
obstruction to firefighting or life safety, at the cost of the owner or occupier:
Provided that where the Fire Officer considers such objects or
encroachments to be an imminent cause of risk of fire, he may direct the
owners or the occupiers of such building to remove such objects or
encroachments forthwith without causing any damage to the object so removed
and report the matter to the Sub-Divisional Magistrate or any person assigned
the duty of Duty Magistrate accordingly.
(2) On the failure of the owners or occupiers to follow the direction of
the Fire Officer, the Fire Officer, after giving a reasonable opportunity of making
representation to the owners or occupiers, as the case may be, may report the
matter to the Sub-Divisional Magistrate or any person assigned the duty of
Duty Magistrate in whose territorial jurisdiction the building is situated, requesting
to adjudicate the matter:
Provided that where the Fire Officer had directed the owners or
the occupiers of such building to remove such objects or encroachments
forthwith, any person aggrieved by such removal may approach the Sub-
Divisional Magistrate or any person assigned the duty of Duty Magistrate with
the request to adjudicate the matter.
(3) On receipt of a request to adjudicate under sub-section (2), the
Sub-Divisional Magistrate or any person assigned the duty of Duty Magistrate,
as the case may be shall,-
Removal of objects or
encroachments in
premises or building
that are likely to cause a
risk of fire or any
obstruction to
firefighting.
PUNJAB GOVT. GAZ.(EXTRA), NOVEMBER 26, 2024
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68
(i) if the request to adjudicate was received from the Fire Officer,
issue a notice to the owners and occupiers, asking them to
show cause for the failure to remove the objects or
encroachments as directed by the Fire Officer; and
(ii) if the request to adjudicate was received from the person
aggrieved by the forthwith removal of goods under the direction
of the Fire Officer, issue a notice to the Fire Officer as well
as the owners and occupiers, asking the Fire Officer to show
cause for the directions issued by him and asking the owners
and occupiers to show cause why the objects or encroachments
removed should not continue to be so removed:
Provided that any person receiving a notice under this provision
shall not be given more than seven business days to respond to the notice, but
shall be given at least one day to respond.
(4) After giving the Fire Officer, and the owners and occupiers, a
reasonable opportunity of making representation, the Sub-Divisional Magistrate
or any person assigned the duty of Duty Magistrate, as the case may be, shall
pass appropriate orders to seal or demolish the building.
34. A Nominated Authority may enter the pandal and inspect it to
ascertain the state of compliance with fire prevention and life safety measures
therein. Where shortcomings are observed, the Fire Officer shall issue a notice
directing the owner to remove such shortcomings within a specified time period.
35. (1) Where it appears that the condition of any building is dangerous to
life or property, the local authority may, by order, require the owner and occupier
of such building to remove themselves from such building forthwith.
(2) If an order made under sub-section (1) is not complied with, the
concerned Fire Officer may direct any police officer having jurisdiction in the
area to remove such persons from the building and such officer shall comply
with such directions.
(3) After the removal of the persons under sub-section (1), the Fire
Officer shall seal or demolish the building with the assistance of the local
authority, as per the order of the Administrative Head of the concerned local
authority.
(4) No person shall remove such a seal, except under an order made
by the person authorized by the Government. Any person who breaks a seal
Inspection of
pandals.
Power to seal
or demolish
dangerous
buildings.
PUNJAB GOVT. GAZ.(EXTRA), NOVEMBER 26, 2024
(AGHN 5, 1946 SAKA)
69
affixed under this section, shall be liable for punishment under Chapter-VII of
this Act.
PART - C
POWERS AND FUNCTIONS DURING EMERGENCIES
36. On the occasion of an emergency, the fire officer in charge may,-
(i) remove, or order any other member of the Service to remove, any
person or assembly of persons who by their presence interferes
with or impedes the operation for extinguishing the fire or for saving
life or property;
(ii) close, or order any member of the Service to close, any street or
passage in or near which a fire is being fought and /or rescue work
is in progress;
(iii) for the purpose of extinguishing fire and carrying out rescue operation,
break into or break through or pull down, any part of a building or
cause them to be broken into or broken through or pulled down, for
the passage of hose or other appliances and equipment, doing as
little destruction to property as possible;
(iv) 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 fire has broken out and utilize 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 and dealing with any other emergency:
Provided that no authority in charge of water supply in any
area shall be liable to pay compensation for any damage caused as
a result of the authority complying with the direction of the officer
in charge;
(v) require the authority in charge of electric supply or any other such
infrastructure in the area to regulate the supply so as to aid
extinguishing or limiting the spread of such fire or dealing with any
other emergency;
(vi) if police help is delayed, detain a person who willfully obstructs
or hinders Fire and Emergency Service personnel in firefighting
and rescue operations and hand him over to a police officer or
at the nearest police station as soon as may be feasible, but in
Powers of
members of
Fire and
Emergency
Service on
occasion of
emergencies.
PUNJAB GOVT. GAZ.(EXTRA), NOVEMBER 26, 2024
(AGHN 5, 1946 SAKA)
70
not more than twenty four hours after the person was detained;
and
(vii) generally, take such measures as may appear to be necessary for
extinguishing the fire or for the protection of life or property, or
both.
37. Fire calls shall be initiated and responded to in such manner, as
may be prescribed. Members of the Service shall also perform such related
functions with respect to initiation of and response to fire calls, as may be
prescribed.
38. (1) The Government may notify the categories of fire incidents in respect
of which such Officers, as may be notified, shall conduct an inquiry and send
a report to the relevant local authority, the Director and the Government.
(2) Any fire incident involving human death shall compulsorily be inquired
by such Officers, as may be notified.
(3) During the inquiry, the inquiry Officer must ensure that all aspects
of the fire incident and the lapses in compliance with fire prevention and life
safety measures are recorded.
(4) While conducting the inquiry, the relevant Officer shall have the
power to call the witnesses, summon testimony on record and any other
documents to conduct such an inquiry and the report shall be submitted in a
time bound manner.
(5) The relevant Fire Officer may request the local authority maintaining
the Fire Brigade at which they are posted, to solicit the assistance of any other
authority or organization for the purposes of the investigation.
PART - D
IMMUNITIES FROM JUDICIAL ACTION
39. No court shall entertain any suit, application or other proceedings in
respect of any notice or order under this Act until the person aggrieved by
such notice or order has exhausted all remedies, including the right to show-
cause and the right to appeal, available to him by or under this Act.
40. No suit, prosecution or other legal proceeding shall lie against any
member of the Service for anything which is in good faith done or intended
to be done in pursuance of the objectives of this Act or any rules made
thereunder.
Initiation of,
and response
to, fire calls.
Inquiry into
cause of fire.
Bar on
jurisdiction of
Court.
Protection of
action taken
in good faith.
PUNJAB GOVT. GAZ.(EXTRA), NOVEMBER 26, 2024
(AGHN 5, 1946 SAKA)
71
CHAPTER VII
OFFENCES AND PENALTIES, AND OTHER LIABILITIES
PART - A
GENERAL
41. (1) For all offences specified in Parts B and D of this Chapter,
irrespective of whether different penalties are prescribed for buildings and
pandals with different risk- classifications, the orders for penalties may be
issued, unless otherwise prescribed by the Government from time to time,-
(i) in the case of low-risk buildings and pandals, by a Fire Officer not
below the rank of Station Fire Officer; and
(ii) in the case of medium and high-risk buildings and pandals, by a Fire
Officer at the rank higher than the Station Fire Officer.
(2) In case of offences specified in Part C of this chapter, the orders
for penalties shall be issued by the concerned Fire Officer:
Provided that in case of all offences committed with respect to a
response to some emergency, the order for penalties shall be issued by
the commanding officer for that response.
PART - B
OFFENCES RELATING TO OBLIGATIONS OF OWNERS AND
OCCUPIERS OF BUILDINGS
42. (1) If the owners or occupiers of low-risk buildings are discovered to
not have a Provisional Fire Safety Certificate, the Final Fire Safety Certificate
or the renewal thereof, the Fire Officer shall take the following actions against
them, namely:-
(i) at the first instance, the Fire Officer shall issue a notice to the
owners or occupiers, directing the owners or occupiers to
apply within fifteen days of receiving such notice and obtain
the relevant Fire Safety Certificate within next forty-five days
and warning the owners or occupiers that failure to obtain the
certificate shall lead to a fine and/or sealing of the building:
Provided that in case of the failure to obtain a Provisional Fire
Safety Certificate, the notice shall also contain the direction that no activity
relating to the construction of the building be carried out until a valid Provisional
Fire Safety Certificate is obtained. The notice may also contain the details of
Fire Officers who
may impose
penalties under this
Chapter.
Penalty for failure by
the owners and
occupiers of a
building to procure
Fire Safety
Certificate.
PUNJAB GOVT. GAZ.(EXTRA), NOVEMBER 26, 2024
(AGHN 5, 1946 SAKA)
72
the irregularities with respect to fire safety in the building.
(ii) In case the owners or occupiers fail to obtain the relevant
Fire Safety Certificate within sixty days from the date on which
the notice was issued, the Fire Officer shall issue an order
levying a fine of up to fifteen thousand rupees and shall also
issue a notice directing the owner or occupier to obtain the
relevant Fire Safety Certificate within forty-five days. In the
notice, the Fire Officer shall specify that the failure to obtain
the relevant Fire Safety Certificate shall result in the sealing
of the building.
(iii) In case the owners or occupiers fail to obtain the relevant
Fire Safety Certificate within forty-five days from the date on
which the notice was issued under clause (ii), the Fire Officer
shall issue an order to seal the building after giving a notice of
twenty-four hours. After sealing the building, the Fire Officer
shall give a report to the Director or the Head of the local
authority, in such manner, as may be prescribed, declaring
that the building under question has been sealed.
(2) If the owners or occupiers of medium-risk buildings are discovered
to not have a Provisional Fire Safety Certificate, the Final Fire Safety Certificate
or the renewal thereof, the Fire Officer shall take the following actions against
them, namely:-
(i) At the first instance, the Fire Officer shall issue an order
levying a fine of up to fifteen thousand rupees, and shall also
issue a notice directing the owners or occupiers to apply within
fifteen days and obtain the relevant Fire Safety Certificate
from the relevant Fire Officer within next forty-five days,
with the warning that the failure to do so shall result in the
sealing of the building:
Provided that in case of the failure to obtain a Provisional Fire
Safety Certificate, the notice shall also contain the direction that no activity
relating to the construction of the building be carried out until a valid Provisional
Fire Safety Certificate is obtained.
(ii) In case the owners or occupiers fail to obtain the Fire Safety
Certificate within sixty days of issuance of the notice, the Fire
Officer shall issue an order to seal the building after giving a
PUNJAB GOVT. GAZ.(EXTRA), NOVEMBER 26, 2024
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73
notice of twenty-four hours. After sealing the building, the
Fire Officer shall give a report to the Director or the Head of
the local authority, in such manner, as may be prescribed,
declaring that the building under question has been sealed.
(3) If the owners or occupiers of high-risk buildings are discovered to
not have a Provisional Fire Safety Certificate, the Final Fire Safety Certificate
or the renewal thereof, the Fire Officer who discovered that the building does
not have a Provisional or Final Fire Safety Certificate or the renewal thereof
shall take the following actions against them, namely:-
(i) At the first instance, the Fire Officer shall issue an order
levying a fine of up to twenty-five thousand rupees, and shall
also issue a notice directing the owners or occupiers to apply
within fifteen days and obtain the relevant Fire Safety
Certificate from the relevant Fire Officer within next forty-
five days, with the warning that the failure to do so shall result
in the sealing of the building:
Provided that in case of the failure to obtain a n Provisional Fire
Safety Certificate, the notice shall also direct that no activity relating to the
construction of the building be carried out until a valid Provisional Fire Safety
Certificate is obtained.
(ii) In case the owners or occupiers fail to obtain the Fire Safety
Certificate within sixty days of issuance of the notice under
clause (i), the Fire Officer shall issue an order to seal the
building after giving a notice of twenty-four hours and an
additional fine of ten rupees per square meter of covered area
on all floors. After sealing the building, the Fire Officer shall
give a report to the Director or Head of the local authority, in
such manner, as may be prescribed, declaring that the building
under question has been sealed.
(4) In case of any notice issued with respect to the failure to procure
the Final Fire Safety Certificate, the notice may also contain such directions as
are necessary to minimise the risk of loss of life by outbreak of fire in the
building, to be complied with till the Final Fire Safety Certificate is procured.
(5) To issue show-cause notices before imposing fines under this section,
the local authority may issue a general notification identifying all owners and
occupiers within an identifiable locality that have not obtained a Fire Safety
PUNJAB GOVT. GAZ.(EXTRA), NOVEMBER 26, 2024
(AGHN 5, 1946 SAKA)
74
Certificate:
Provided that such general notice shall contain all particulars that a
show- cause notice is required to contain under this Act.
43. (1) If the owner of a building under construction fails to ensure
compliance with the notice issued to him after inspection, the Fire Officer shall
issue an order to the owner, notifying the owner that they shall incur a fine of
ten thousand rupees in addition to a fine for each day after the first full day of
non-compliance for which the non-compliance continues,-
(i) of up to five hundred rupees, in case of low-risk buildings;
(ii) of up to one thousand rupees, in case of medium-risk buildings;
and
(iii) of up to two thousand rupees, in case of high-risk buildings.
(2) As soon as the owner ensures compliance with the notice issued to
him after inspection, he shall approach the Fire Officer with a request to inspect
the building under construction:
Provided that the Fire Officer shall ensure that he inspects the
building under construction within seven working days from receiving such
request from the owner. Where the Fire Officer fails to conduct inspection
within seven working days, he shall give to the Director or local authority
reasons, in writing, to justify the violation of duty:
Provided further that the number of days between the date on which
the owner approaches the Fire Officer under this section and the date on
which the Fire Officer actually inspects the building after being so approached,
shall be excluded from the period of delay while calculating the amount of fine
leviable under sub-section (1).
(3) After the Fire Officer has inspected the building, and the Fire Officer
is satisfied that the owner or occupier has complied with the notice issued
after inspection, the Fire Officer shall issue an order specifying the number of
full days for which the non-compliance continues, and the resultant fine that
shall be levied on the owner or occupier.
44. (1) If the owners or occupiers of low-risk buildings are discovered to
have misrepresented the facts or misled the authority at any point in the
application process for Final Fire Safety Certificate or the renewal thereof, the
Fire Officer shall take the following actions against them, namely:-
(i) At the first instance, the Fire Officer shall issue an order
Penalty for failure
to comply with the
notice issued after
inspection of a
building under
construction.
Penalty for
obtaining Final
Fire Safety
Certificate by
misrepresenting
the facts or
misleading the
authority.
PUNJAB GOVT. GAZ.(EXTRA), NOVEMBER 26, 2024
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75
levying a fine of up to ten thousand rupees and cancelling the
Final Fire Safety Certificate. The Fire Officer shall also issue
a notice directing the owners or occupiers to apply and obtain
a fresh Final Fire Safety Certificate within forty-five days.
The notice shall specify that the failure to do so shall result in
the sealing of the building.
(ii) In case the owners or occupiers fail to obtain a Final Fire
Safety Certificate within forty-five days from the issuance of
notice under clause (i), the Fire Officer shall issue an order to
seal the building after giving a notice of twenty-four hours.
After sealing the building, the Fire Officer shall give a report
to the Director or Head of the local authority, in such manner,
as may be prescribed, declaring that the building under question
has been sealed.
(2) If the owners or occupiers of medium-risk buildings are discovered
to have misrepresented the facts or misled the authority at any point in the
application process for Final Fire Safety Certificate or the renewal thereof, the
Fire Officer shall take the following actions against them, namely:-
(i) At the first instance, the Fire Officer shall issue an order
levying a fine of up to fifteen thousand rupees and cancelling
the Fire Safety Certificate. The Fire Officer shall also issue a
notice directing the owners or occupiers to apply and obtain a
fresh Fire Safety Certificate within forty-five days. The notice
shall specify that the failure to do so shall result in the sealing
of the building.
(ii) In case the owners or occupiers fail to obtain a Final Fire
Safety Certificate within forty-five days from the issuance of
notice under clause (i), the Fire Officer shall issue an order to
seal the building after giving a notice of twenty-four hours.
After sealing the building, the Fire Officer shall give a report
to the Director, in such manner, as may be prescribed, declaring
that the building under question has been sealed.
(3) If the owners or occupiers of high-risk buildings, except buildings
dealing with explosives, dangerous or poisonous substances are discovered to
have misrepresented the facts or misled the authority at any point in the
application process for Final Fire Safety Certificate or the renewal thereof, the
PUNJAB GOVT. GAZ.(EXTRA), NOVEMBER 26, 2024
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Fire Officer shall take the following actions against them, namely:-
(i) At the first instance, the Fire Officer shall issue an order
levying a fine of up to twenty-five thousand rupees and
cancelling the Fire Safety Certificate. The Fire Officer shall
also issue a notice directing the owners or occupiers to apply
and obtain a fresh Fire Safety Certificate within forty-five
days. The notice shall specify that the failure to do so shall
result in the sealing of the building.
(ii) In case the owners or occupiers fail to obtain a Final Fire
Safety Certificate within forty-five days from the issuance of
notice under clause (i), the Fire Officer shall issue an order to
seal the building after giving a notice of twenty-four hours.
After sealing the building, the Fire Officer shall give a report
to the Director or the local authority, in such manner, as may
be prescribed, declaring that the building under question has
been sealed.
(iii) In case of tampering with the seal, the owners or occupiers
shall be imprisoned for a term which may extend up to six
months.
(4) In case of buildings dealing with explosives, dangerous or poisonous
substances, the Fire Officer shall issue an order levying a fine of up to twenty-
five thousand rupees and cancelling the Fire Safety Certificate and if required
sealing of the operations till the time safety compliances are ensured to be
provided by the owner or occupier to the satisfaction of the Fire Officer.
(5) Where misrepresentation within the meaning of this section is made
with respect to a building, and the Qualified Agency either caused or participated
in the misrepresentation to be made, the Fire Officer shall take the following
action against the Qualified Agency, namely:-
(i) Where the misrepresentation, as well as the Qualified Agency’s
involvement in causing the misrepresentation, is discovered in any circumstance,
other than the outbreak of a fire or the investigation made after a fire, the
Qualified Agency shall be fined three thousand rupees for each instance of
misrepresentation so discovered.
(ii) In case there is an outbreak of fire in the building and the
cause of fire is attributable to the misrepresentation, and any
property, whether movable or immovable, is damaged to the
PUNJAB GOVT. GAZ.(EXTRA), NOVEMBER 26, 2024
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point of it being rendered unusable as a result of the damage,
the Fire Officer shall recommend to the Director that the
license of the Qualified Agency be revoked for a period of
two years from the date on which the fire first broke out. The
Director, after confirming that the fire in the building caused
damage that rendered some property unusable as a result,
shall revoke the license.
(iii) In case there is an outbreak of fire in the building and the
cause of fire is attributable to the misrepresentation, and the
fire causes the loss of life or grievous hurt to any person, the
Qualified Agency shall, in addition to being liable for revocation
of license in accordance with clause (ii), be also liable to be
imprisoned for a term which may extend to one year.
Explanation: For the purposes of this section, the term ‘grievous
hurt’ shall have the same meaning as under section 116 of the Bharatiya Nyaya
Sanhita, 2023 (Central Act 45 of 2023).
45. (1) If the owners or occupiers of a building fail to submit returns in
such periodicity, as may be prescribed, a fine of five thousand rupees shall be
levied upon them. In addition, a fine shall be levied on owners and occupiers
for each full working day, starting from the second day after the last day on
which the return was required to be submitted, for which the failure to submit
the returns continues. The daily fine,-
(i) in case of low-risk buildings, may extend to one hundred
rupees;
(ii) in case of medium-risk buildings, may extend to three hundred
rupees; and
(iii) in case of high-risk buildings, may extend to five hundred
rupees.
(2) Such details regarding delays in filing returns and the total fine that
is leviable as a result thereof, shall be declared by the owners or occupiers at
the time of applying for the renewal of the Final Fire Safety Certificate. The
total fine leviable shall be collected in addition to the fee for renewal, before
the renewed Final Fire Safety Certificate is issued.
46. If the owners or occupiers of a building misrepresent any facts in
return filed under sub-section (5) of section 23 relating to the nature or condition
of fire prevention and life safety measures in the building, a fine shall be levied
Penalty for
failure to
submit returns
under sub-
section (5) of
section 23 of
this Act.
Penalty for
misrepresenting facts
in return filed under
sub-section (5) of
section 23.
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on the owners which,-
(i) for low-risk buildings, may extend upto ten thousand rupees;
(ii) for medium-risk buildings, may extend upto twenty thousand
rupees; and
(iii) for high-risk buildings, may extend upto thirty thousand rupees.
Explanation: Submission of incomplete returns shall not constitute
misrepresentation.
47. (1) Nothing in this section shall affect the power of a Fire Officer to
remove objects or encroachments that are likely to cause a risk of fire or any
obstruction to firefighting.
(2) If any owners or occupiers of low-risk buildings fails to comply
with a notice issued after inspection under section 32, they shall be penalised in
the following manner, namely:-
(i) At the first instance, the Fire Officer shall issue an order
levying a fine of up to ten thousand rupees, and warning that
continued non-compliance shall result in the cancellation of
the relevant Fire Safety Certificate;
(ii) In case the owners and occupiers fail to obtain the relevant Fire
Safety Certificate within the next sixty days, the Fire Officer
shall issue an order cancelling the Fire Safety Certificate:
Provided that in case the cancelled certificate is the
Provisional Fire Safety Certificate, the notice shall also direct
that no activity relating to the construction of the building be
carried out until a valid Fire Safety Certificate is obtained; and
(iii) In case the owners or occupiers fail to obtain a fresh Fire
Safety Certificate within forty-five days of cancellation of
Fire Safety Certificate, the Fire Officer shall issue an order to
seal the building. After sealing the building, the Fire Officer
shall give a report to the Director, in such manner, as may be
prescribed, declaring that the building under question has been
sealed.
(3) If any owners or occupiers of medium-risk buildings fail to comply
with a notice issued after inspection, the Fire Officer shall take the following
Penalty for failure by
owners and occupiers
of a building to
comply with a notice
issued after
inspection under
section 32.
PUNJAB GOVT. GAZ.(EXTRA), NOVEMBER 26, 2024
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action against them, namely:-
(i) At the first instance, the Fire Officer shall issue an order
levying a fine of up to fifteen thousand rupees, and a warning
that continued non-compliance shall result in the cancellation
of the relevant Fire Safety Certificate;
(ii) In case the owners and occupiers fail to obtain the relevant
Fire Safety Certificate within the next sixty days, the Fire
Officer shall issue an order cancelling the Fire Safety
Certificate:
Provided that in case the cancelled certificate is the Provisional
Fire Safety Certificate, the notice shall also direct that no activity relating to
the construction of the building be carried out until a valid Fire Safety Certificate
is obtained; and
(iii) In case the owners or occupiers fail to obtain a fresh Fire
Safety Certificate within forty-five days of cancellation of
Fire Safety Certificate, the Fire Officer shall issue an order to
seal the building. After sealing the building, the Fire Officer
shall give a report to the Director, in such manner, as may be
prescribed, declaring that the building under question has been
sealed.
(4) If any owners or occupiers of high-risk buildings fail to comply with
a notice issued after inspection, the Fire Officer shall take the following action
against them, namely:-
(i) At the first instance, the Fire Officer shall issue an order
levying a fine of up to twenty-five thousand rupees, and a
warning that continued non-compliance shall result in the
cancellation of the relevant Fire Safety Certificate;
(ii) In case the owners and occupiers fail to obtain the Fire Safety
Certificate within the next sixty days, the Fire Officer shall
issue an order cancelling the Fire Safety Certificate:
Provided that in case the cancelled certificate is the Provisional
Fire Safety Certificate, the notice shall also direct that no activity relating to
the construction of the building be carried out until a valid Fire Safety
Certificate is obtained; and
(iii) In case the owners or occupiers fail to obtain a fresh Fire
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Safety Certificate within forty-five days of cancellation of Fire
Safety Certificate, the Fire Officer shall issue an order to seal the
building. After sealing the building, the Fire Officer shall give a
report to the Director, in such manner, as may be prescribed,
declaring that the building under question has been sealed.
48. (1) If the owners or occupiers act in contravention of any order made
by the Sub- Divisional Magistrate or any person assigned the duty of Duty
Magistrate under section 33, the Fire Officer who discovers the contravention
shall immediately seize the object involved in the contravention.
(2) At the time of seizure, the Fire Officer shall forthwith make an inventory
of the objects so seized, and shall, at the same time, give a written notice, as may be
prescribed in this behalf, to the owner of the objects or to anyone else duly authorized
by him to deal with the objects seized, that the said objects shall be sold if they are
not claimed within the period stipulated in said notice.
(3) On the failure of the owner of the objects or the authorized person,
as the case may be, to claim the seized objects pursuant to notice issued under
sub-section (2), the Fire Officer shall arrange to have the objects sold as per
the procedure prescribed in this behalf.
49. (1) If the owner or occupier does anything deliberately or negligently
or omits to do anything with respect to fire prevention and life safety measures
within his premises, and such commission or omission leads to any other person
suffering damage to his property by fire, the owner or occupier shall be liable
to pay compensation to such person suffering the damage. The quantum of
compensation shall be determined in such manner, as may be prescribed.
(2) Aggrieved persons may make claims under sub-section (1) to the
Sub-Divisional Magistrate within thirty days from the date when the damage
was caused, or to the Civil Court.
(3) The Sub-Divisional Magistrate, shall, after giving the party 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.
50. If any person breaks a seal affixed to a building under section 35,
he shall be liable to be imprisoned for a term which may extend upto six months,
and may also be liable for a fine which may extend upto fifty thousand rupees.
Penalty for
violating an order
of Sub-Divisional
Magistrate or Duty
Magistrate for
removal of objects
or encroachments
under section 33.
Liability of
owner and
occupier to
pay
compensation
in certain
circumstances.
Penalty for
breaking the
seal affixed by
order under
section 35.
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51. (1) If there is an outbreak of fire in a low-risk building which results
either in the loss of life or grievous hurt, and the fire is attributable to the failure
of the erector of a building to comply with fire prevention and life safety measures
in that building, then the erector shall be imprisoned for a period which may
extend upto one year.
(2) If there is an outbreak of fire in a medium or high-risk building
which results either in the loss of life or grievous hurt, and the fire is attributable
to the failure of the erector of a building to comply with fire prevention and life
safety measures in that building, then the erector shall be imprisoned for a
period which may extend upto two years.
Explanation: For the purposes of this section, the term ‘grievous
hurt’ shall have the same meaning as the term ‘grievous hurt’ as defined in
section 116 of the Bharatiya Nyaya Sanhita, 2023 (Central Act 45 of 2023).
PART - C:
OFFENCES RELATING TO OBLIGATIONS OF
ERECTORS OF PANDALS
52. If a pandal for which a Fire Safety Certificate is required is
discovered to be operating without a Fire Safety Certificate, the Fire Officer
shall take the following actions against the erector of the pandal, namely:-
(i) The Fire Officer shall issue an order directing the erector to
shut down the pandal forthwith and ensure that no member of
the general public enters the pandal. In the order, the Fire
Officer shall also direct the erector of the pandal to apply for
a Fire Safety Certificate, and specify that operations within
the pandal shall not be resumed until a Fire Safety Certificate
is obtained.
(ii) After ensuring compliance in the pandal, the erector of the
pandal shall inform, in writing, the Fire Officer under whose
jurisdiction the pandal is situated. The Fire Officer shall inspect
the pandal within twelve hours of receiving such information
and shall, if satisfied with the state of compliance with the fire
prevention and life safety measures, permit the erector to
resume operations of the pandal. While giving such permission,
the Fire Officer shall issue a Fire Safety Certificate.
(iii) In case of any violations of an order issued clause (i), the
Penalty for failure of
erector of a building
to take fire
prevention and life
safety measures.
Penalty for failure by
the erector of certain
pandals to obtain a
Fire Safety
Certificate.
PUNJAB GOVT. GAZ.(EXTRA), NOVEMBER 26, 2024
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pandal shall be dismantled forthwith under the supervision of
the Fire Officer or any other member of the Service as may
be appointed by the Fire Officer in this behalf.
53. (1) If, either upon inspection after receiving a report from the erector
of a pandal or after the expiry of the time, as specified in the notice, within
which the erector was supposed to ensure compliance with the fire prevention
and life safety measures, the Fire Officer discovers that the erector has failed
to comply with the notice issued to him, the following procedure shall be followed,
namely:-
(i) The Fire Officer shall issue an order temporarily suspending
the Fire Safety Certificate of the pandal. If the erector of the
pandal was only required to make a declaration, the order
shall state that the declaration is invalid and should be removed
from public display.
(ii) The Fire Officer shall, in the order issued under clause (i),
also direct the erector to shut down the pandal forthwith and
ensure that no member of the general public enters the pandal.
However, the Fire Officer shall allow the erector of the
pandal to enter the pandal, individually as well as with such
other persons as the erector deems fit, only to make
arrangements for compliance with the fire prevention and
life safety measures.
(iii) After ensuring compliance in the pandal, the erector of the
pandal shall inform, in writing, the Fire Officer under whose
jurisdiction the pandal is situated. The Fire Officer shall
inspect the pandal within twelve hours of receiving such
notice and shall, if satisfied with the state of compliance
with the fire prevention and life safety measures, permit the
erector to resume operations of the pandal. While giving
such permission, the Fire Officer shall issue a fresh Fire
Safety Certificate.
(2) In case of any violations of an order issued under clause (i) of sub-
section (1), the pandal shall be dismantled forthwith under the supervision of
the Fire Officer or any other member of the Service as may be appointed by
the Fire Officer in this behalf.
Penalty for failure
by erector of a
pandal to comply
with a notice
issued after
inspection.
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PART - D
OFFENCES RELATING TO EXERCISE OF POWERS AND
PERFORMANCE OF DUTIES AND FUNCTIONS BY FIRE
OFFICERS
54. (1) If a person obstructs a Fire Officer or causes anyone else to obstruct
such Fire Officer from entering a building or pandal for inspection, he shall be
punishable under section 221 of the Bharatiya Nyaya Sanhita, 2023 (Central
Act No. 45 of 2023).
(2) To initiate the process of punishment under this section, the Fire
Officer who was obstructed, or some officer superior in rank to that officer,
shall make a formal complaint in writing in accordance with section 215 of the
Bharatiya Nagrik Suraksha Sanhita, 2023 (Central Act 46 of 2023).
55. Any person who, in any way, willfully obstructs or interferes with any
member of the Service who is participating in a response to some emergency, shall
be punishable with imprisonment for a term which may extend upto three months,
or with fine which may extend upto twenty-five thousand rupees, or with both.
56. 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 punishable with
imprisonment which may extend upto three months or with fine which may
extend upto twenty-five thousand rupees, or with both.
PART - E
OTHER PROVISIONS FOR PENALTY
57. (1) Where the owner or occupier of a building, or the erector of a
pandal, have made any commission or omission which constitutes an offence
under Parts A, B or C of this Chapter, the owner, occupier or erector shall be
liable to be imprisoned if there is an outbreak of fire in the building or pandal, as
the case may be, which leads to loss of life or grievous hurt to any person.
(2) The owner, occupier or the erector, as the case may be, shall be
liable to be imprisoned unless they demonstrate that they had corrected the
commission or omission before the day on which the fire incident took place.
(3) Where owner, occupier or erector, as the case may be, is/are liable
to be imprisoned under this section, they shall be liable for imprisonment for a
term which,-
Obstructing a Fire
Officer from entering
a building or pandal
for inspection.
Penalty for willfully
obstructing a member
of the Service
participating in a
response to some
emergency.
Penalty for
making false
report.
Penalty in
case of loss
of life or
grievous hurt.
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(i) in the case of low-risk building and pandals, may extend upto
one year; and
(ii) in the case of medium and high-risk building and pandals, may
extend upto two years.
58. (1) Whoever contravenes any provision of this Act shall, if no specific
penalty is specified for the contravention of that provision, be punished with a
fine which,-
(i) for low-risk buildings and pandals, may start fromtwenty
thousand rupees and may extend upto thirty thousand rupees;
(ii) for medium-risk buildings and pandals, may start from twenty
thousand rupees and may extend upto forty thousand rupees;
and
(iii) for high-risk buildings and pandals, may start from thirty
thousand rupees and may extend upto fifty thousand rupees.
(2) In case the offence is a continuing one, a further fine in addition to
the abovementioned fine may be imposed which may extend upto three thousand
rupees for every day calculated after the date of imposition of first fine till
continuity of such offence.
(3) For habitual offenders, above penalties may be doubled. A person
who is liable for punishment under this section shall be treated as a habitual
offender when the general penalty is being imposed upon him for some
contravention of a provision for which they have already been punished twice
under this section.
PART - F
OTHER PROVISIONS RELATING TO PENALTIES
UNDER THIS CHAPTER
59. Any amount due as penalty under this Chapter may be recovered
as arrears of land revenue.
60. Any offence not being one involving loss of life or grievous hurt,
committed after the commencement of this Act, may either before or after the
institution of prosecution, be compounded by such Fire Officers and upon
payment by the accused person of such amount as the Government may, by
notification in the Official Gazette, specify in this behalf:
Provided that in case of offences involving the failure of the accused
General
penalty.
Recovery of dues
as arrears of land
revenue.
Compounding
of offences.
PUNJAB GOVT. GAZ.(EXTRA), NOVEMBER 26, 2024
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person to comply with either any order, or any directions issued to him after
inspection (whether in the form of a notice or otherwise), such offences shall
not be compounded until the accused person complies with the order or direction
to the extent possible.
61. (1) Where an offence under this Act has been committed by a company
or professionals or a firm, 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 or concerned professionals or firms 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 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 under this Act has been committed by a company or professionals or
firms 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, professional or other officer of the company or
professionals or firms, such Director, Manager, Secretary, professional or other
officer shall also be deemed to be guilty of that offence and shall be liable to be
proceeded against and punished accordingly and as per the punishments
mentioned in this Chapter.
Explanation: For the purposes of this section,-
(i) ‘company’ means a body corporate and includes a firm or
other association of individuals; and
(ii) ‘Director’, in relation to a firm, means a partner in the firm.
62. Notwithstanstanding any action which may be taken under the
provisions of this Act, any member of the Service who,-
(i) if is found to be guilty of any violation of duty or willful breach
of any provision of this Act or any rule or order made thereunder;
(ii) refuses to comply with a call to duty, or withdraws or abstains
from the duties of his office without permission, being absent
on leave fails without reasonable cause to report himself for
duty on expiration of such leave; or
Offences by
companies or
professionals
or firms.
Penalty for
violation of
duty.
PUNJAB GOVT. GAZ.(EXTRA), NOVEMBER 26, 2024
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(iii) accepts any other employment or office or engages himself in
business in contravention of the provisions of the Punjab Civil
Service Rules, and Government Employees (Conduct) Rules,
1966, shall in addition to disciplinary action as per the Punjab
Civil Service Rules, and Government Employees (Conduct)
Rules 1966, be punishable with a fine which may extend upto
an amount not exceeding three months’ pay of such member.
CHAPTER VIII
PROCESS TO LEVY PENALTIES
63. (1) No officer shall impose any fine, cancel any Provisional or Final
Fire Safety Certificate, shut down, seal or demolish any building, or seize or
remove any goods under any provision of this Act without a written order to
that effect. An order purported to be made under this Act shall only be
considered valid if it is made after following the procedure outlined in this
section:
Provided that a Fire Officer shall not be required to issue a written
order in accordance with the proviso to sub-section (1) of section 33, and
section 36.
(2) The procedure highlighted in this Chapter shall be applicable in
addition to, but not in derogation of, the procedure specified in any other provision
of this Act for the imposition of a particular order.
(3) Before making an order, the Government, Director or Fire Officer,
as the case may be, must,-
(i) issue a show-cause notice which contains the following
particulars, namely:-
(a) a description of the nature of the order that the
Government, Director or the Fire Officer seeks to impose
on the recipient of the notice;
(b) the provision of the Act or the rules that empower the
Government, Director or the Fire Officer to impose the
order;
(c) a clear description of facts and circumstances on the
basis of which the Government, Director or the Fire
Officer have reached the prima facie opinion that the
intended order is warranted under this Act; and
Process to
issue orders
against
owners,
occupiers,
and erectors,
except in case
of pandals.
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(d) an invitation to the recipient of the notice to show cause
within such time as may be prescribed in the show-
cause notice:
Provided that every notice shall specify sufficient time for the
recipient of the notice to prepare their representations. In the interest of the
time being sufficient, the time to show cause shall in no case be less than two
working days;
(ii) give an opportunity to the recipient of the show-cause notice
to make representations, in writing:
Provided that no order for sealing or demolition of buildings or the
revocation of a Qualified Agency’s license shall be made without giving a
hearing:
Provided further that the recipient of the show-cause notice shall
have the right to be represented by a legal counsel during the hearings:
Provided further that the right of the recipient of the notice to be
represented by a legal counsel in the hearing shall not be construed to impose
any duties on the Government to provide access to legal counsel to a person.
(4) While issuing an order, the Government, Director or Fire Officer
shall record their reasons in writing in such order:
Provided that a mere reproduction of the provision of the Act or
rule that empowers the Government, Director or Local Authority or Fire Officer
to impose the order shall not be considered to be adequate reason for the
purposes of this Chapter.
(5) Any person aggrieved by an order under this Act shall have the
right to prefer an appeal against such an order. The appellate authority to
which the appeal is preferred, the form and time in which the aggrieved person
must prefer an appeal, and the time in which the appellate authority shall decide
an appeal shall be such, as may be prescribed and different details may be
prescribed with respect to appeals against different orders. An aggrieved person
may also have the right to appeal the decision of an appellate authority, wherever
prescribed:
Provided that no person aggrieved by an order shall be given less
than seven days to prefer an appeal against the order:
Provided further that each appellate authority shall have the power
to condone delay of up to thirty days to prefer an appeal, if the appellate
PUNJAB GOVT. GAZ.(EXTRA), NOVEMBER 26, 2024
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authority considers the delay to be caused by legitimate reasons. Whenever
the appellate authority condones delay, it shall record the reasons for it in
writing.
(6) The Government may make such rules to modify the above process
to issue orders against owners, occupiers, and erectors, as it may deem fit.
64. The penalties mentioned in the monetary terms in Chapter- VII of
this Act, shall increase by five percent at the beginning of every year.
Notwithstanding anything contained in this Chapter, the Government shall have
the right to change the percentage.
65. The process prescribed under section 63 of this Act shall not be
applicable during execution of a fire fighting and rescue operations provided
that the Government shall make rules for execution of fire fighting and rescue
operations.
66. No court shall proceed to the trial of an offence under this Act,
except on a complaint or upon information received from the Director or the
Officer authorised by him in this behalf.
67. No court inferior to that of a Chief Judicial Magistrate shall try an
offence punishable under this Act.
CHAPTER IX
MISCELLANEOUS
68. (1) The Government may nominate the National Fire and Emergency
Service College, Nagpur, Police Academy or any other Government training
institute, or establish and maintain a fire training institute in the State, for providing
courses of instruction in the prevention and extinguishment of fire for all
members of the Fire and Emergency Service as well as other private candidates,
subject to payment of such fees, as may be prescribed.
(2) The Government may extend the training facilities at any institute
established under sub-section (1) to members of the Fire and Emergency
Services of other States on payment of such fee, as may be prescribed.
(3) Subject to the observance of the general rules applicable to other
employees of the Government in relation to training, the members of the Service
may be given training in the field of scientific and modern techniques of fire
protection and fire safety measures, and allied matters in any institute, within
or out of India.
(4) A member of the Service who undergoes training as provided in
Increase in
penalties.
Process under
section 63 not
to apply.
Cognizance of
prosecution.
Jurisdiction.
Establishment
of a fire
training
institute and
provision of
training to
members of
the Service.
PUNJAB GOVT. GAZ.(EXTRA), NOVEMBER 26, 2024
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sub-section (3) shall indemnify the Government for all such expenses and
costs, including the pay and allowances as may be paid to him during the
course of training, in the event that he does not serve the Service for such a
period of time, as may be notified by the Government.
69. Any Fire Officer, while exercising any powers available to him
with respect to firefighting operations, or any power relating to seizure of
objects, or sealing or demolition of buildings, may request the assistance of
any officer or member of the police force or members of any other government
agency including the Department of Public Works, Punjab State Power
Corporation Limited, Department of Power, and/or the Department of Water
Supply and Sanitation, and it shall be the duty of such persons to provide such
assistance as the Fire Officer may require.
70. (1) The local authority, with the prior permission of the Director, may
order to install a firehydrant or any other firefighting infrastructure on a public
street or private premises, only if it is necessary and unavoidable, in order to
protect the building or surrounding area from a fire hazard.
(2) Any person trying to create obstruction shall be punishable with a
fine as specified in section 58.
71. (1) The Government may, by notification in the Official Gazette, make
rules for carrying out the purposes of this Act.
(2) Every rule made under this section, shall be laid, as soon as may be,
after it is made, before the House of the State Legislature while it is in session
for a total period of ten days, which may be comprised in one session or in two
or more successive sessions and if, before the expiry of the session in which it
is so laid or the successive sessions as aforesaid, the House agrees in making
any modification in the rule or the House agrees that the rule should not be
made, the rule shall thereafter have effect only in such modified form or be of
no effect, as the case may be, however any such modification or annulment
shall be without prejudice to the validity of anything previously done or omitted
to be done under that rule.
72. The Government may take measures to encourage owners and
occupiers of buildings and erectors of pandals to insure their buildings and
pandals against risks from fire.
73. The Government after obtaining approval of the Council of Ministers
may adopt Fire and Life Safety Norms different from those contained in the
National Building Code of India, 2016, recording the reasons, in writing, for
Police officers
and others to
aid.
Installation of
firehydrant.
Power to
make
rules.
Insurance of
buildings and
pandals.
Fire and Life
Safety Norms.
PUNJAB GOVT. GAZ.(EXTRA), NOVEMBER 26, 2024
(AGHN 5, 1946 SAKA)
90
making such changes.
74. (1) The Government may, by notification in the Official Gazette, direct
that any power exercisable by it under this Act, subject to such conditions as
may be specified in the notification delegating the power, shall also be exercised
by any of the officers of the Government.
(2) The Director may, by notification, direct that any power conferred
upon him, except the power to revoke licenses to act as a Qualified Agency or
any duty imposed on him by or under this Act, in such circumstances and
subject to such conditions as may be specified in the notification delegating the
power, shall also be exercised and performed by any person appointed under
section 6 or any committee formed under section 6 or member thereof, specified
in the notification.
75. (1) Notwithstanding anything contained in this Act, the Government
shall have the power of reversing or modifying or recalling any order of any
officer of the Government or any officer of the Service passed or purporting to
have been passed under this Act, if it considers it to be not in accordance with
the provisions of this Act or the rules made thereunder or instructions or to be
for any reason inexpedient.
(2) The Government shall exercise over its officers all powers of
superintendence, direction and control.
(3) The power of the Government to issue any order, direction or
instruction under this Act shall include the power of the Government to modify,
withdraw or amend such order, direction or instruction.
76. (1) If any difficulty arises in giving effect to the provisions of this Act,
the Government may within three years from the commencement of this Act,
by order published in the Official Gazette, make such provisions not inconsistent
with the provisions of this Act, as may appear to it to be necessary or expedient
for removing the difficulty.
(2) Every order made under this section shall be laid, as soon as may
be after it is issued, before the Legislative Assembly of the State.
77. The provisions of this Act and the rules made thereunder shall have
effect notwithstanding anything inconsistent therewith regarding fire prevention
and life safety measures contained in any other law of the State of Punjab for
the time being in force, or in any instrument having effect by virtue of any
other law.
Delegation of
powers.
General
powers of the
Government
over officers.
Power to
remove
difficulties.
Act to have
overriding
effect, but
shall be in
addition to
other laws.
PUNJAB GOVT. GAZ.(EXTRA), NOVEMBER 26, 2024
(AGHN 5, 1946 SAKA)
91
78. Notwithstanding anything contained in any other law of the State of
Punjab 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,
that thing shall not be deemed to have been lawfully done or approved by
reason only of the fact that permission, approval or sanction required under
such other law therefore has been obtained.
79. (1) The Punjab Safety Measures for Prevention and Control of Fire
Act, 2012 (Punjab Act No. 8 of 2013) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken
under the said Act shall be deemed to have been done or taken under the
corresponding provisions of this Act.
MANDEEP PANNU,
Principal Secretary to Government of Punjab,
Department of Legal and Legislative Affairs.
Effect of the
other laws.
Repeals and
savings.
3252/11-2024/Pb. Govt. Press, S.A.S. Nagar
About this act
- Jurisdiction
- Punjab
- Enactment date
- 2024-10-27
- Sections available
- Document reader
India Code, Government of India. Text fetched 19 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.