The Assam Fire Service Act, 1985

{
    "id": 14003,
    "slug": "the-assam-fire-service-act-1985",
    "title": "The Assam Fire Service Act, 1985",
    "short_title": "The Assam Fire Service Act, 1985",
    "act_number": "Assam Act No. 13 of 1985",
    "act_year": 1985,
    "act_type": "STATE",
    "location": "Assam",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "The Assam Fire Service Act, 1985",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title, extent and commencement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(a) \"Inspector General of Police\" means the Inspector General of Police, Assam who has been appointed as Inspector General of Police, Assam under Section 4 of the Police Act, 1861 (Act 5 of 1861);\n(b) \"Director\" means the Director of Fire Service Force appointed under Section 4;\n(c) \"Fire fighting property\" includes-\n(i) lands and buildings directly or indirectly connected with fire fighting;\n(ii) fire engines, equipments, tools, implements and things what-soever used for fire fighting;\n(iii) motor vehicles and other means of transport used in connection with fire fighting;\n(iv) uniform and badges of rank;\n(d) \"Fire Station\" means any post or place declared generally or specially by the State Government to be a Fire Station;\n(e) \"Force\" means the Assam Fire Service Force maintained under this Act;\n(f) \"Officer-in-charge of a Fire Station\" includes the Fire Officer next in rank to the officer-in-charge of fire station or any other officer holding charge of the fire station in absence of the office-in-charge.\n(g) \"Prescribed\" means prescribed by rules made under this Act by the State Government;\n(h) \"Warehouse\" means any building or place used whether temporarily or permanently for storing, keeping or otherwise dealing in any manner of such articles which in the opinion of the State Government are considered as inflammable.\n(i) \"Place\" means either enclosed, or covered or open land having buildings or premises within seventy-five feet on any side of its surroundings;\n(j) \"Workshop\" means any building or place where the processing of any article is carried on for purposes of trade or business, if such processing of such articles which in the opinion of the State Government are considered as inflammable and are prescribed in this respect.\n(k) \"Licensing Authority\" means the Deputy Commissioner or such officer as may be authorised by the State Government;\n(l) \"Member\" means and includes a member of the force who performs operational, supervisory, directional and executive duties in such ranks as may be prescribed by the State Government.\nMaintenance of the Fire Service Force",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Maintenance of Fire Service Force.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Appointment of Director of Fire Service.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Superintendence and control of the Force.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Appointment of members of the Force.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Issue of certificates to the members of the Force.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Auxiliary Fire Force.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Powers of State Government to make orders.",
            "chapter": null,
            "content": "(a) for providing the Force with such appliances and equipment as it deems proper;\n(b) for providing adequate supply of water and for securing that it shall be available for use;\n(c) for constructing or providing stations or hiring places for accommodating the members of the Force and its fire fighting appliances;\n(d) for giving rewards to persons who have given notice of fires and to those who have rendered effective service to the Force on the occasion of fires;\n(e) for the training, discipline and good conduct of the members of the Force;\n(f) for deciding or determining the cadre or terms and conditions of service of the members of the Force and also members of other staff or creating such additional ranks and framing rules in respect of service conditions and conduct rules as it may deem fit;\n(g) for the speedy attendance of members of the Force with necessary appliances and equipments on the occasion of any alarm of fire;\n(h) for sending members of the Force with appliances and equipments beyond the limits of any area in which this Act is in force for purposes of fire fighting in the neighbourhood of such limits on such terms and conditions and under such exigencies of situation at it deems proper;\n(i) for the employment of members of the Force in any rescue, salvage or other special types of jobs;\n(j) for enforcing discipline and imposing punishment on any members of the Force who may violate orders;\n(k) for regulating and controlling the powers, duties and functions of the Director and of other members of the Force; and\n(l) generally for the maintenance of the Force in due state of efficiency.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Power of members of the Force on occasion of fire.",
            "chapter": null,
            "content": "(a) remove, detain or order any other member of the Force to remove or detain any person who by his presence interferes with or impedes the operations for extinguishing the fire or for saving life or property;\n(b) close any street or passage in or near which a fire is burning;\n(c) for the purpose of extinguishing fire, break into or through or pull down, any premises for the passage of those engaged in fire fighting or appliances or cause them to be broken into or through or pulled down doing as little damage as possible;\n(d) require the authority in chare 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 utilise the water of any stream, cistern, well or tank or of any available source of water, public or private, for the purpose of extinguishing or limiting the spread of such fire; provided that in cases of any damage done to any source of water, steam cistern, well or tank belonging to a member of the public or association or body corporate while utilising water in accordance with the provisions of this section under this Act the State Government may entertain at its discretion, claims compensation preferred, by any affected person or party or body corporate as the case may be on merit of each case;\n(e) exercise the same powers for dispersing an assembly of persons likely to obstruct the fire fighting operations as if he were an officer-in-charge of a police station and as if such an assembly were an unlawful assembly and be entitled to the same immunities and protection as such an officer, in respect of the exercise of such powers;\n(f) generally take such measures as may appear to him to be necessary for extinguishing the fire or for the protection of life or property and for which no member of the Force working under his order or instructions will be civilly or criminally prosecuted in the court of law.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Power of Director to make arrangements for supply of water.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Power of Director to enter into arrangement for assistance.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Preventive measures and licences.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Appeals.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "15. Power to seize, remove or destroy goods, etc.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "16",
            "title": "16. Change of occupation.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "17. Fire works.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "18",
            "title": "18. Place of public gathering for entertainment.",
            "chapter": null,
            "content": "(ii) Advance payment of such fees as may be prescribed is made.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "19",
            "title": "19. Temporary structure or pandals.",
            "chapter": null,
            "content": "(i) it conforms to such conditions as may be specified by the Director;\n(ii) advance payment of such fees may be prescribed, is made; and\n(iii) in the opinion of the Director it is not unsafe for public gathering.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "20",
            "title": "20. Conditions for granting licence for warehouses and workshops, etc.",
            "chapter": null,
            "content": "(i) the limit of minimum or maximum quantity of such inflammable articles that may be stored, used or otherwise dealt with in a particular warehouse or workshop;\n(ii) determination of fees and method of calculation of fees and the manner in which payment has to be made in this respect;\n(iii) type of schedules or forms to be used in respect of granting licence; and\n(iv) the precautionary measures to be taken in a warehouse.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "21",
            "title": "21. Power of granting licence.",
            "chapter": null,
            "content": "Expenditure on Maintenance of Force",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "22",
            "title": "22. Expenditure on the Force.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "23",
            "title": "23. Levy of fire tax.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "24",
            "title": "24. Mode of assessment, collection, etc., of fire tax.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "25",
            "title": "25. Fixation of fees and procedure for payment.",
            "chapter": null,
            "content": "Acquisition of Fire Fighting Property",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "26",
            "title": "26. Prohibition against transfer of fire fighting property.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "27",
            "title": "27. Acquisition of fire fighting property.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "28",
            "title": "28. Principles and method of determining compensation.",
            "chapter": null,
            "content": "(a) where the amount of compensation can be fixed by agreement, it shall be paid in accordance with such agreement;\n(b) where no such agreement can be reached the State Government shall appoint as arbitrator a person which is, or has been or is qualified for appointment, as a Judge of a High Court;\n(c) the State Government may, in any particular case nominate a person having expert knowledge as to the nature of the property acquired to assist the arbitrator and where such nomination is made, the local authority concerned may also nominate an assessor for the same purpose;\n(d) at the commencement of the proceedings before the arbitrator, the State Government and the local authority shall state what in their respective opinion is a fair amount of compensation;\n(e) the arbitrator shall after hearing the dispute make an award determining the amount of compensation which appears to him to be just; and in making the award he shall have due regard to the circumstances of each case and the provisions of this section;\n(f) nothing in the Arbitration Act, 1940 [Now Arbitration and Conciliation Act, 1986 (26 of 1986)] shall apply to arbitration's under this section.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "29",
            "title": "29. Appeals from awards in respect of compensation.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "30",
            "title": "30. Powers of arbitrator.",
            "chapter": null,
            "content": "(a) summoning and enforcing the attendance of any person and examining him on oath;\n(b) requiring the discovery and production of documents;\n(c) receiving evidence on affidavits; and\n(d) issuing commissions for examination of witnesses.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "31",
            "title": "31. Penalties for violation of preventive measures.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "32",
            "title": "32. False report.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 31
        },
        {
            "number": "33",
            "title": "33. Transfer to other area.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 32
        },
        {
            "number": "34",
            "title": "34. Employment on other duties.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 33
        },
        {
            "number": "35",
            "title": "35. Enquiry into origin of. fire and report to Magistrate.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 34
        },
        {
            "number": "36",
            "title": "36. Powers to obtain information.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 35
        },
        {
            "number": "37",
            "title": "37. Power of entry.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 36
        },
        {
            "number": "38",
            "title": "38. Consumption of water.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 37
        },
        {
            "number": "39",
            "title": "39. No compensation for interruption of water supply.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 38
        },
        {
            "number": "40",
            "title": "40. Police officers to aid.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 39
        },
        {
            "number": "41",
            "title": "41. Indemnity.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 40
        },
        {
            "number": "42",
            "title": "42. Failure to give information.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 41
        },
        {
            "number": "43",
            "title": "43. Bar to other employment.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 42
        },
        {
            "number": "44",
            "title": "44. Restrictions respecting rights to form association, freedom of speech, etc.",
            "chapter": null,
            "content": "(a) be a member of, or be associated in any way with any trade union, labour unions, political association or with any class of trade unions;\n(b) be a member of, or associated in any way with any society, institution, association or organisation not recognised as part of the Force or is not of a purely social, recreational and/or religious nature; or\n(c) communicate with the press or publish or cause to be published any book, letter or other document except where such communication or publication is of a purely literary, artistic or scientific character or is of a prescribed nature.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 43
        },
        {
            "number": "45",
            "title": "45. Penalty for violation of duty, etc.",
            "chapter": null,
            "content": "(a) is found to be guilty of any violation of duty or wilful breach of any provision of this Act or any rules or order made thereunder, or\n(b) is found to be guilty of cowardice, or\n(c) withdraws from the duties of his office without permission or without having given previous notice of at least two months, or\n(d) being absent on leave fails without reasonable cause to report himself for duty on the expiration of such leave, or\n(e) accepts any other employment or office in contravention of the provisions of Section 43 of this Act,\n(f) contravenes the provisions of Section 44, shall be punishable with imprisonment which may extend to three months or with fine which may extend to an amount not exceeding three months' pay of such member or both.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 44
        },
        {
            "number": "46",
            "title": "46. Operation of other law not barred.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 45
        },
        {
            "number": "47",
            "title": "47. Protection of acts of members of the Force.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 46
        },
        {
            "number": "48",
            "title": "48. Power to make rules.",
            "chapter": null,
            "content": "(a) the number and grades of officers and members of the Force;\n(b) the manner of appointment of members of the Force;\n(c) the form of the certificate to be issued to the members of the Force under Section 7 (1) of this Act;\n(d) the conditions of tire service of the members of there Force including their rank, pay, allowances, house rent, hours of duty and leave, maintenance of discipline and removal from service;\n(e) the circumstances in which and the conditions (including the levy of fee) subject to which members of the Force may be despatched to carry on fire fighting operations in neighbouring areas;\n(f) the conditions subject to which members of the Force may be employed on rescue, salvage or other work;\n(g) adoption of precautionary measures for premises in any area or of any place used for purposes which in the opinion of the State Government are likely to cause a risk of fire;\n(h) the manner in which and the intervals at which the proceeds of the fire tax levied under this Act, shall be paid to the State Government; the conditions under which a licence may be granted and the fees to be levied thereof; the authority to which appeals against refusal, withdrawal, suspension of licence shall lie and the manner in which such appeal shall be filed and the fees to be paid thereof;\n(i) the manner of service of notice under this Act;\n(j) the procedure to be followed in arbitration proceedings under Sections 29 and 30 of this Act;\n(k) the payment of rewards to persons, not being members of the Force who render services for fire fighting purposes;\n(l) the compensation payable to members of the Force in case of accidents or to their dependants in case of death while engaged on duty;\n(m) for the employment of members of the Force or use of any equipment outside the area or on special services and the fee payable thereof; and\n(n) any other matter which is to be or may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 47
        },
        {
            "number": "49",
            "title": "49. Repeal and savings.",
            "chapter": null,
            "content": "(a) to provide and maintain such water supply and fire hydrants for fire fighting purposes as may be directed by the State Government from time to time;\n(b) to frame bye-laws for the regulation of dangerous trades;\n(c) to order any of its employees to render aid in fighting a fire when reasonably called upon to do so by any member of the Force; and\n(d) generally to take such measures as will lessen the likelihood of accidental fire or preventing the spread of such fire.\n(a) any appeal, application, enquiry or investigation pending, shall be disposed of, continued, held or made, as the case may be, in accordance with the corresponding provisions of this Act;\n(b) all notifications, orders issued, powers conferred, forms prescribed, local jurisdiction defined, punishment awarded, sentences passed under any Act which was in force before commencement of this Act, shall be deemed to have been issued, conferred, prescribed, passed or defined under the corresponding provisions of this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 48
        },
        {
            "number": "50",
            "title": "50. Public servants.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 49
        }
    ],
    "metadata": {
        "Act ID": "Last Updated 12th February, 2020 [ass250]",
        "Act Number": "Assam Act No. 13 of 1985",
        "Enactment Date": "",
        "Act Year": "1985",
        "Short Title": "The Assam Fire Service Act, 1985",
        "Type": "STATE",
        "Location": "Assam"
    },
    "updated_at": "2026-09-29 21:55:18"
}