the tamil nadu fire service act, 1985 keyword(s): fire service, … · the tamil nadu fire service...

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DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The Tamil Nadu Fire Service Act, 1985 Act 40 of 1985 Keyword(s): Fire Service, Fire Station, Officer In-charge

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DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document.

The Tamil Nadu Fire Service Act, 1985

Act 40 of 1985

Keyword(s): Fire Service, Fire Station, Officer In-charge

lions.-In this A&, unless the context otherwise requires,--

ctor " means the Director of the 'Fire Service

re-fighting property " . includes-

uniforms and badges' 17-1: rank; *

r-in-charge of a fire station " includes when the of the fire station. is absent from the station or

ess or other cause to perform his duties, the fire officer tation wbo is next in rank to such o~fficer.

overnment a, Fire Service to b=. .for the areas in which this Act

f the' Fire Service.

Service.-(1) Subject to endence and control of

the Director and shall be carried on bv isions of this Act' and of any rules

may appo~nt such, officers as they may

of officers md servants as they think fit

. Y , .+-p ' *

7. Issue of certificate to ~Venzbers of Fire Service.-(1) ~veryfsf fr

.""'?,*! person shalT. on appointment as a Member of Fire Service, recave,, ,,t '

a certificate In the prescribed form undcr the seal of the ~overnm&t~$' or Director or an officer authorisecl in this behalf by th and th,ereupon such person shall have tho P>wers: funct lcge: of a Member of Fire Scrvice undcr this Act.

. (2) The certificate referrcd to in sub-section (1) shall cease,f&& - ' "'Y

I., ,@ "8 have effect whcn the person named therein ceases, f i r any reason: t&~ WP. : "? 34

be a Member of Fire Service and on his ceasing to be such ~irnbe$:; hc shall forthwith surrender the certificate, uniform and ba8g&i, d . f $ a - r,tilk to any oficcr cmpowercd to receive the same. r a iq< ...&

,

\b * ' 3 1 1&,'

(3) During any term of suspension. the powers, functions *$ * ,

privilcgcs vested in any Member of Fire Service shall be in abgrar - ?

but such Mcmber shall continue to be subjeqt to the'same 'd iep$ -. " *'&.

and ~ ~ e ~ l a l t i e s a \ 11c ~vould have been if he had not been sukf5iiffd"ei b C-+.dy1$

* <,bv$$$J , ,, 3:;

5. Aukiliury f i e Service.---(I) Whellever it appears to the Gddc " I<

* ' . 7

lncnt that it is necessary to auygnent the Fire Service, they m%y.:n .,',>*' an auxiiiar'y service by enrolment of volunteers f o r such arek'and;d9% - , . - , 3 * . , such terms and conditions as they may deem fit. - c i r <,4 c& ;J

" r q.S'"*, ' . " 3); p * ;- s, Ed:$* .*j . . : -* &ri.*<"r,

(2) Every such "olunteer shall receive a certificate in' thddprei& :* *> $"* &*

scribed form, have the same powers and rgrotection, be 1iable''fo n " I j* .a

such duties and penalties and be subolrdinate to the same authqritid;~; ,

as a regular Member of Fire Service. " , . -' ,$$T<$ ~ : > + h ,

3 . * ' W

9. Expendif zlre on Fire Service.--(l) The entire ~:or!ncction :l:lth tllc Fire Servicc shail be met out of the Fund of the State.

(2) NotwilhsZanding anything contained in any law bcinz in force, the local authority of any arm in which thi force shall pay to the Government. such contribution towards a]' the portion of .tll,e Fire Servic: estab1ishc:d and maintained area as'the Govemcnl"mlry direct fr0.a time to time.

III P O ~ L ' E ~ S of ilfe?%tbers of Fire Service on dcc (lj On tlze occurrence 'of a. fire in ally area in wBic force, any Mernber of Fire Sar\iice who is in chirg oyel.atioas on the spot may- .

( b j close any street or passage in or near wliich burfn ing ;

(c) for tkc pixpose: of extinguishing, ar preventing oP, fire, break inlo or break tlirougli or pull down, for the passage of the \lose or other .appliances or e estingl~ish or preP:ent the spyead of fire or c a u e them into 01. brolre11~ tlirough or pulled tiown, as the xcasion doing . a s tittle damage as possible;

( d ) require the autElority in cliarge of water-supply i area. to fill static miter tanks generally or to regulate the w mains so as to provide water at a specified pressure at the p TT~-lere fire has broken out;

( e ) utilise the water of any stream, cistern, well .or tank' auv arailal~le soGrce of wat,er, public or private for the purpo e r t ing~l j sh in~ or preventing the spread of such fire;

exer.cise of sllch powers; or

( 9 ) generallv take ~11~11 other ineasures as mag appear to be necessa1.v for extinguishing the fire or for the protec life or properG.

(2) .413y dama,pe done on f i r , occasio11 of fire by Mern Fire Service in {-he d~scllarge of their duties sh'all be deemed damage b57 fire within t.he meaning of any policy of ins against fire.

I 12 T'o~t;c;rs of Director to enter into arru,vgt?mcnts for n'j. 1 1, The Director, may, with the previous sanction cf tile Govern

into grlangernents with anv person whr, eninlova nfld

caa:,. to comply with any of the requirements specified in tion issued under sub-section (1) oT section 13 or of a direction .is

16. IC'iI/~dly ohstn4cting fire-fighting opcrutions.-Any person wh \vill:~~lly obstructs or interferes with any Member of Fire Service wh i* ellgaged in fire-fighting operations br is exercising his po

to three months or with frne which may ex1~nc-i tofive hundr

17. ' f ;~~t ,se rt~!~ort.-Any person who knowingly gives or be given a false report of the outbreak of a fire: to any perso rised to receive such report by means of a gater~ent, me (>ti-lzrwise shall be punishabie with- imprisonment which ma to three nionths or wiih fiti* 1vFirh may extend to five hund

the C:iovernment.

Provided that nothing contained in this &b-section ny such person liable to any punishment, if he. proves that

Q committed without his knowledge or that he had diligence to prevent the commissiotl of such offen

(2) Notwit1~~;taiiding anything contained in sub-sect ny offence undcr this Act has been committed by a

is proved that the o'ft'ence has b ~ e n tommitte3 with t onnivance of, or is attributabk to, any nedect on the irectoy. manager, secretary or other officer of the corn irector. manager, secretary 0.r other officer shall be .deem

. .

the his w a d

.- 111

ail

re- in in

ice

lot he ler on hc ler he

xi +. t l -

;tr r: l'

i (.

i \

i f

h I

25. Police Officers fo aid.-It shall bc the.duty of P of all ranks 'to aid the Members of Fire Semice in-

26. hdcm~zity.-No suit, prosecution or ot11e.r 1 shall lic against any person for anything which is ip good or intc~lded to bc done in pursuance of this Act or any rul made thcreundcr.

27. Power lo maake rules.-(1). The Govcmme~~t may, . %or carrying out the purposes of this Act.

(a)' thc number and grades of oficcrs and Members,

(b) lJ;e manner of appointment of Members of Fir

(c) the term of the ccrlificate to be issued to the M

(d) the cnnditi~ns of service of the Members of Fir inchding the ranks, pay and allowances, hours 'of duty and maintenaiice of discipline and removal from service :

(e) the circumstances in which and the conditions subj

fire-fighting operations in neighbouring areas ;

(;I) the conditions subject to v,.hich the Members of ~ i , & ~e ice may be employed on rescue, salvage or other work;

(y) the manner of service of notices under this Act;

( [ I ) thE payment of rewards to persons, not being i~2emliers ol' the TTirc Service who render servj,ces for fire-figh~ll~; purposes;

(i) thc amount of compensation payable under clause (k) of . .a

(') the employment of the Members of Fire Service or use of ally equipment outside the area or on special services and the fee

yabl.: therefor ; and

(Ic) any othcr matter which is to be or may be prescri under this Act.

(A. Group) IV-2 Ex. l301.1-2

o conic into for(:e on

I. day; come into force

(2) E,very rule wade or,notiiication i.ssued under this Act shall, on as possible, after it is made or issued, be placed on thc: table

0th Houses~of I,cgislature, and if bcfore the expiry (?[ I:IC :;essioc which it is so pla,ced or the next session, both Houses agree jii

making any modification in any s~rch: rulc or notification o.c boih e or s agree that thz rule or notilication st~oultl not be m'd

, the rule or notification sh&ll thereafter have cBect anly i n such rnodified- form or be of no eBect, as the case may be ; so hc~wever, that any, such. modification or anniilment shall be without prejudice toi the validity of anything previousi'y donc under that rule or notifi-

20. t'tt l \ - i . s i t )II,\* wV r , I t~,\-;~\fi/[~ /*'it.(, .5'trt,\*i(,t *.--, I ) 'She Fire SC ~vicc

dcemed to bc the 'Tanlil Nadir Fire Scl.vicr: cstablislicil undcr illis Act.

(2) I ;.: ~ c m b e r s of i r e Service in existence in this State at

9 such under this .Act,

bcllnrc: the commence- shnicnt of Fire Service

Provided that nothing in this sub-scctioa shall relider any person ty of any offence in respect af anything done 31 ornitteti to be

. R e p d and saving.-(I) If inlmediately before the ijav on this Act c m e s into f o r c ~ in an area. there is in forse in that

I I

! . . - , . - . . . . - .. .',ilT

(:?' PJ(!twithstandi~.~g tht rc;?eai of any law, rule, regulatio b v - 1 : ~ bl- sub-~ectic?ll i I), the general responsibility -of any ld a r ; u ~ i i - 1 Ian- governing si~cl i t i t s11a.?l not be deemed 11e limited. or modified, ill so far as .such law requires authosi ty,--

((1.) to provide and ~llai~ltain S U C ~ I wa bydsalits for lirc-fighting pur1,oscs as may be directed by

- lne~lt I'rom time to time ;

(O) to frame by-laws for thc reulation of dangeroustra

( i ' ) to O ~ . C ~ C T :1114' OE its C I ~ ~ X O ~ C C S to render aid.'in fi f i x whcn ~.cnsr~oably callcd upon to do so by Servicc ; and

(LI) gc~~erally to takc such measures as hocd cC fires or prevcnthg the spread oPfrres.

(By or~ler of the Governor.)

Commissioner at, cl Secretary to

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