West Bengal Fire Services Act, 1950
[West Bengal Act 18 of 1950] [30th March, 1950]
CONTENTS
Chapter I
PRELIMINARY
1. Short title, extent and commencement
2. Definitions
Chapter II
FIRE BRIGADE
3. Maintenance, constitution, etc., or fire brigade
3-A. Auxiliary fire brigade
3-AA. Fire prevention wing
3-B. Powers of members of auxiliary fire brigade
4. Power of State Government to make orders with respect to the fire brigade
4-A. Fees payable for extinguishing fire
5. Powers exercisable on the occasion of a fire
5-A. Local authority or other agency to secure supply or water
5-B. Person or authority to provide all assistance to deal with fire and rescue service
5-C. All vehicles to give way to fire brigade vehicles, etc. proceeding to afire 5-D. Penalty for malicious call to summon fire brigade
5-E. Penalty for causing obstruction to fire brigade to draw water for fire fighting purpose
6. Police-officers to aid the fire brigade in execution of its duties
7. Non-liability of police-officer, etc.
8. Enquiry into origin of fire and report to Magistrate Chapter III
FIRE-WORKS, ETC
9. License for letting off rockets etc.
10. Who may grant license; fee for license
11. Powers to withdraw or suspend licenses
CHAPTER IIIA
FIRE PREVENTION AND FIRE SAFETY
11-A. General public to take preventive measures for safely from fire etc. 11-B. Owner or occupier of building to make or carry out arrangements necessary for fire prevention etc.
11-C. Owner or occupier of high-risk building to provide fire prevention and fire safely measures
11-D. No objection required under any a the law
11-E. Special fee
11-F. Grant of license to act as licensed agency
11-G. Bar to carry outwork of providing fire prevention etc.
11-H. Bar to compromise lire safely
11-I. Appeal against order of Director
11-J. Penalty for contravention of provisions of Chapter 111A
11-K. Penalty for furnishing false ‘Fire Safety Certificate’
11-L. Offences cognizable and non-bailable
Chapter IV
LICENSE FOR STORING HAZARDOUS SUBSTANCES
12. Bar to use of premises for storing or processing hazardous substances without license
13. Premises to conform to prescribed conditions
14. Issue of license
15. Condition of grant of license
16. Period for disposal of application for license
17. Conditions to which a license shall be subject
18. Annual fee
19. Change in occupation of warehouse or workshop to be notified
20. Suspension or withdrawal of license
21. Magistrate may cancel or suspend license
22. Delegation of powers by Collector
23. Powers of State Government to direct the legation of powers
CHAPTER IVA
TEMPORARY STRUCTURES AND PANDALS
23-A. Erection of temporary structures or pandals
Chapter V
PENAL TIES
23-B. Dismantling or temporary structure or pandals
24. Penalty for selling fire-works
25. Penalty on householders for allowing rockets, etc. to let off without license
26. Penalty for not taking out a license for a warehouse or workshop
27. Penalty for using warehouse or workshop after refusal, etc. of license 28. Penalty for breach of conditions
29. Penalty for failing to notify change in occupation of warehouse of workshop
30. Penalty for giving false information to Collector respecting license 31. Penalty for using as residence of warehouse used for pressing jute or cotton
32. Owner or occupier of building or premises to compensate person affected by Fire
33. Offences by companies
33-A. Penalty for erecting structure, etc. in contravention of Section 23-A 33-B. Penalty for obstructing persons exercising powers under Section 37-A 33-C. Offences bailable and cognizable
Chapter VI
MISCELLANEOUS
34. Inspection of building or premises
35. Issue of nonce to owner or occupier to undertake fire prevention and fire safety measures
36. Compliance with notice issued under Section 35
37. Recovery of fees
37-A. Director or superior nominated authority to seal building
37-AA. Power of the Director to remove inflammable chemicals or articles 37-B. Power of Collector to call for information relating to annual valuation 38. Appeal against order under Section 35, Section 36 or Section 37
38-A. Court not to entertain any suit, application or other proceeding
38-B. Compounding of offences
38-C. Court not to take cognizance of offence except on complaint
38-D. Protection of action taken in good faith
38-E. Officers and other employees to be public servants
39. Repeal of Bengal Act 1 of 1893
40. Power to make rules
41. Regulation to be approved by State Government
42. Act to have amending effect
SCHEDUL
An Act to provide for the maintenance of a fire brigade, for the licensing of warehouses and for certain other matters.
Whereas it is expedient to provide for the maintenance of a Fire brigade, for the licensing of warehouses and for certain other mailers; It is hereby enacted as follows:—
Chapter I
PRELIMINARY
## Section 1. Short title, extent and commencement.—(1) This Act may be called the West Bengal Fire Services Act, 1950.
(2) It extends to the whole of West Bengal.
(3) It shall come into force 2[in such local or other areas] and on such dates3 as the State Government may, by notification from time to time in the Official Gazette, direct; and the State Government may by like notification withdraw this Act 4[from any such area:]
5Provided that when the fire brigade is sent to any place outside any such area this Act shall be deemed to be in force in such place for all purposes connected with service therein.
## Section 2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—
6[(a) “Additional Director-General” means the Additional Director-General of Fire Services immediately below the rank of Director-General, appointed as such by the State Government by notification;]
78[(aa)] the expression “building” has the same meaning as assigned to it in the relevant municipal law in force in a local area;
910[(aaa)] the expression “building rules” means the building rules, building regulations, or building bye-laws, made under the relevant municipal law and in force in a local area, and includes any other building rules or regulations, or any development control rules or regulations, by whatever name called, made under any other law for the time being in force an in force in any local area;
(b) “the Collector” means, in relation 10 Calcutta, the Collector of Stamp Revenue and in relation to any other 11[area], the Collector of the district within which the 12[area] is comprised;
(c) 13[* * *]
14[* * *]
15[(e) “Director” means the Director of Fire Services immediately below the rank of Additional Director- General, appointed as such by the State Government by notification;]
16[(ee) “Director-General” means the Director-General of Fire Services, appointed as such by the State Government by notification by deputation of an officer of the Indian Police Service holding immediately before such deputation a post of Additional Director-General of Police, or equivalent post, in the Indian Police Service.
Explanation.—“Indian Police Service” shall mean the Indian Police Service referred to in Section 2 of the All-India Services Act, 1951 (Act 61 of 1951);]
1718[(eee)] “District Magistrate” means the Executive Magistrate appointed to be the District Magistrate under sub-section (I) of Section 20 of the Code of Criminal Procedure, 1973 (Act 2 of 1974), and includes an Additional District Magistrate;
(f) “the fire brigade” means the Fire brigade maintained by the State Government under Section 3 19[* * *] [and includes an Auxiliary Fire Brigade raised under Section 3-A];
(g) “fire-fighting appliances” mean fire-engines, fire-escapes, accoutrements, equipments, tools, implements and things whatsoever used for fire-fighting and include motor cars, motor cycles, trailers and other means of transport;
20(gg) the expression “fire prevention and fire safety measures” means such measures as may be provided in the building rules or in any other law for the time being in force,
or as may be prescribed, for the prevention, control and fighting of fire and for ensuring the safety of life and property in the case of fire;
21(h) “hazardous substance” means—
(i) such explosive within the meaning of the Indian Explosives Act, 1884, (Act 4 of 1884) or
(ii) such explosive substance within the meaning of the Explosive Substances Act, 1908, (Act 6 of 1908) or
(iii) such dangerously inflammable substance within the meaning of the Inflammable Substances Act, 1952, (Act 20 of 1952) or
(iv) such combustible substance, or
(v) such toxic substance,
as the State Government may, by notification, specify;
22(ha) “high-rise building” means a building the height of which is fourteen and half metres or more.
Explanation.— For the purposes of this Act, the height in relation to a building shall mean the vertical distance measured from the average level or the centre line of the street or passage to which the plot of land on which the building is situated abuts to the highest point of the building, whether with flat roof or with sloped roof;
23(hb) “high-risk building” means a high-rise building or a building with such occupancy within the meaning of the relevant municipal law in force in a local area, or such other occupancy, or such building, or such class or classes of buildings, as the State Government may, by notification, specify;
24(hc) “licensed agency” means a person or association of persons to whom a licence has been granted by the 25[Director-General] in the manner prescribed for undertaking or executing fire prevention and fire safety measure 26[through owner or occupier of the high risk building] or for performing such other related activities required to be carried out under this Act in such area as may be specified by the 27[Director-General];
28(hh) “local area” means the area over which a local authority has jurisdiction 29[or any other area defined by boundaries for the purposes of this Act];
30(hhh) “local authority” means a municipal authority or Industrial T ownship Authority within the meaning of the relevant municipal law or a Gram Panchayat, Panchayat Sainiti, Zilla Parishad, or Mahakuwa Parishad, constituted under the West Bengal Panchayat Act, 1973;
31[* * *]
32(ia) “members of the fire brigade” includes persons employed in the West Bengal Fire Service and also volunteers or other persons enrolled in an auxiliary fire brigade;
33(ib) “nominated authority” means an officer, not below the rank of station officer, as may be nominated by the Director, or such officer as may be nominated by me State Government;
34(ic) “notification” means a notification published in the Official Gazette;
35(id) “occupier” means a person living in, or otherwise using, any land or building owned by him, or a person who, for the time being, is paying, or is liable to pay, to the owner the rent or fee, or is making, or is liable to make, contractual payment to the owner for adjustment of rent or fee, or damages, or any portion thereof, on account of occupation of any land or building, and includes a rent-free tenant;
36(ie) “owner” means a person who, for the time being, is receiving the rent of any land or building or any part of any land or building, either on his own account or as on agent of a person, or trustee for a society for any religious or charitable purpose, or as a receiver who would receive such rent if the land or the building or any part thereof were let to a tenant;
(j) “person” includes an undivided Hindu family, and a firm or company or association of individuals whether incorporated or not;
(k) “prescribed” means prescribed by rules made by the State Government under this Act;
37(1) “premises” means a land or building or hut or part of a land or building or hut, and includes—
(i) the garden, ground or out-house, if any, appertaining thereto; or
(ii) any fittings or fixtures affixed to a building or hut or part of a building or hut for the more beneficial enjoyment thereof;
38(la) “processing” means making, altering, repairing, treating or otherwise dealing with any article by means of steam, electricity or other power;
39(lb) “the relevant municipal law” means—
(i) the Howrah Municipal Corporation Act, 1980, (West Ben. Act 57 of 1980) or
(ii) the Calcutta Municipal Corporation Act, 1980, (West Ben. Act 61 of 1980) or
(iii) the Siliguri Municipal Corporation Act, 1990, (West Ben. Act 30 of 1990) or
(iv) the Asansol Municipal Corporation Act, 1990, (West Ben. Act 31 of 1990) or
(v) the Chandernagore Municipal Corporation Act, 1990, (West Ben. Act 32 of 1990) or
(vi) the West Bengal Municipal Act, 1993; (West Ben. Act 22 of 1993)
40(lc) “requisition for fire safety” means the statement showing the requirements of fire prevention and fire safely measures to be provided in a premises;
41(ld) “superior nominated authority” means such officer, not below the rank of Divisional Fire Officer, as may be nominated by the Director, or such officer as may be nominated by the State Government.
42[(m) “warehouse” means any building or place used, either temporarily or permanently, for the purpose of storing, pressing or keeping bitumen, celluloid including celluloid furniture, charcoal, coal, cotton hemp, coconut fibre, gunny bags, jute, pitch, tar, tallow, raw cotton canes, resin, straw, hay, darama, hogla, golpata, ulugrass, packing boxes, varnish, wood, wastepaper, inflammable chemicals, hazardous substances or any other articles which may likely to increase the risk of fire;
(n) “workshop” means any building or place or premises where the processing of inflammable chemicals or articles, or hazardous substance (in any quantity), is carried on for the purpose of trade or business.
Explanation.—In this clause, the expression “processing” means making, using, altering, repairing, treating or otherwise dealing with any hazardous substance or articles by means of steam, electricity, mechanical power or heat treatment.]
43[* * *]
44[* * *]
Chapter II
FIRE BRIGADE
## Section 3. Maintenance, constitution, etc., or fire brigade.—(1) The State Government shall maintain a fire bridge 46[for the purposes of extinguishing fire and protecting life and property in the case of fire and for rescue services and such oilier services as the State Government may, by notification, specify, in the local area or any other area] in which this Act is in force and may, if it thinks fit, send the fire brigade to any place outside any such areas 47[for such purposes or services.]
(2) The fire brigade shall consist of such number of members and shall be otherwise constituted in such manner 48[, and shall consist of such organisational set up] as the State Government may think fit.
49[(3) The fire brigade shall be under the direction, supervision and control of the Director-General who shall, with the approval of the State Government, take all the policy decisions required for the fire brigade, and may—
(a) exercise all the powers of the Director under this Act;
(b) delegate, by order, any power or powers of the Director under this Act to the Additional Director-General, subject to the approval of the State Government;
(c) make, with the previous sanction of the State Government and subject to the orders or the rules, if any, made by the State Government under this Act, such regulations as he thinks fit relating to—
(i) the general administration and control of the fire brigade;
(ii) the equipments, clothing and accoutrement of the members of the fire brigade, their classification and duties and distribution of work among them;
(iii) the place at which, or the limits of the area within which, the members, or any class of members, of the fire brigade shall ordinarily reside, for ensuring that the services of the members, or such class of members, of the fire brigade may be readily available;
(iv) all other matters which he considers necessary for rendering the fire brigade an efficient fire-fighting force.]
50[(4) (a) Appointment to the post of Additional Director-General shall be made by promotion of the Director in such manner as may be prescribed:
Provided that until the manner as aforesaid is prescribed, it shall be competent for the State Government to make the appointment to the post of Additional Director-General by promotion of the Director in such manner as the State Government thinks fit.
(b) The Additional Director-General shall perform his duties, and discharge his functions, in exercise of such powers as may be delegated to him under clause (b) of sub-section (3) and in accordance with such directions as may be given to him by the Director-General from time to time.
(5) Subject to the supervision of the Director-General, the Director shall be in charge of operational matters of the fire brigade, and shall perform his duties in accordance with such directions as may be given to him by the Director-General from time to time and, if so directed by the Director-General, by the Additional Director-General in exercise of such powers as may be delegated to him by the Director-General under clause (b) of sub-section (3).
(6) The manner of appointment to the post of Director-General by deputation shall be such as may be prescribed:
Provided that until the manner as aforesaid is prescribed, it shall be competent for the State Government to make the appointment to the post of Director-General by deputation in such manner as the State Government thinks fit.
(7) The terms and conditions of service, and the conduct, discipline and control, of the Director-General, the Additional Director-General, and the Director shall be such as may be prescribed.]
513-A. Auxiliary fire brigade.—The State Government may allow raising of an auxiliary fire brigade for the purposes of extinguishing fire and protecting life and property in the case of fire and for such oilier services as may be determined by the State Government in any local area or any other area in which this Act is not in force, by the local authority for that area, or any organisation or institution, on such terms and conditions as may be determined by the State Government, and may provide such assistance as may be necessary for raising of such fire brigde and allow enrolment of volunteers and other persons as members of such fire brigade on such terms and conditions as the local authority, with the prior approval of the State Government, may determine.
523-AA. Fire prevention wing.—(1) There shall be a Fire prevention wing in the West Bengal Fire Service which shall consist of such number of inspecting officers and other staff as the State Government may determine.
(2) The Director shall be responsible for the smooth and efficient operation of the fire prevention wing.
(3) The inspecting officers and other staff shall be appointed by the Director in such manner and shall receive such salary and allowances as may be prescribed.
(4) The functions of the inspecting officers shall be as follows:—
(a) to inspect buildings, cinema houses, theatres and other places of public entertainment to see whether fire prevention measures have been taken and to test periodically the fire extinguisher, fire installation and other fire Fighting appliances in such buildings, cinema houses, theatres or other places;
(b) to determine the method of maintenance of water supply for fire fighting purposes in any building or place;
(c) to inspect means of escape in any building or place and to suggest creation of means of escape and fire prevention measures;
(d) to render assistance to any statutory authority when so requested by it in matters connected with Fire prevention or fire protection;
(e) such other functions as may be prescribed.
533-B. Powers of members of auxiliary fire brigade.—The members of the auxiliary fire brigade raised under Section 3-A may be given such of the powers exercised by the members of the fire brigade employed in the West Bengal Fire Services as the State Government may determine.
## Section 4. Power of State Government to make orders with respect to the fire brigade.—The State Government may from time to time make such general or special orders 55[and make such rules,] as it thinks fit—
for furnishing the fire brigade with such fire-fighting appliances as it deems proper;
for building or providing stations, or hiring places, for accommodating the members of the fire brigade and keeping its fire-fighting appliances;
56for giving 57[rewards] to person who have given notice of fires and to those who have rendered effective service to the fire brigade on the occasion of fires;
for the training, discipline and good conduct of the members of the fire brigade;
for the speedy attendance of members of the fire brigade with necessary fire-lighting appliances on the occasion of any alarm of fire;
58for sending the members of the fire brigade with necessary fire-fighting appliances, beyond the limits of any 59[area] in which this Act is in force, in order to extinguish fire in the neighborhood of such limits on such terms and conditions as it deems proper;
60for the 61Employment of the members of the fire brigade on such terms and conditions as it deems proper in any work not connected with extinguishing fire, for which the fire brigade may in its opinion, be usefully and appropriately employed;
for enforcing discipline and imposing punishment on any member or the fire brigade who may infringe orders 62[or for giving awards to any member of the fire brigade, whose performance is commendable];
63For regulating and controlling the powers, duties and functions of the Director 64[and the other members of the fire brigade]; and
generally, for the maintenance of the fire brigade in a due state of efficiency 65[, for recruitment against various categories of posts under the fire brigade and for regulating the terms and conditions of service of the members of the fire brigade].
66[4-A. Fees payable for extinguishing fire.—(1) Where the fire brigade is sent in order to extinguish fire in a premises, which would have required a ‘Fire Safety Certificate” under Section 11-C or a license under Section 12, shall be liable to pay such fee as may be prescribed.
(2) The fee referred to in sub-section (1) shall be payable within one month of the service of a notice of demand by the Director-General on the occupier and if it is not paid within such period, it shall be recoverable as a public demand.
(3) Where the premises is covered by an insurance policy, the Director- General or the superior nominated authority shall not furnish any report to any insurance company to facilitate settlement of insurance claim, unless the owner or occupier of such premises agrees to pay such fee as referred to in sub-section (1).]
674-B. Duties of members of fire brigade.—68[* * *]
694-C. Prohibition of resignation or withdrawal from duties without permission or notice.—70[* * *]
## Section 5. Powers exercisable on the occasion of a fire.—(1) On the occasion of a fire, the Director or the officer in charge of the members of the fire brigade on the spot, may—
(a) remove or may order any member of the Fire brigade to remove, any persons who by their presence interfere with the due operations of the fire brigade;
(b) by himself or by members of the fire brigade, break into or through, or pull down, any premises for the purpose of putting an end to the fire, doing as little damage as possible;
(c) cause the mains and pipes of any area to be shut off so as to 71[ensure] greater pressure of water in the place where the fire has occurred;
72(cc) cause the water of any stream, cistern, lank, well or other available source of water supply, public or-private, to be utilised for the purpose of extinguishing, or limiting the spread of, such Fire;
(d) exercise the same powers for dispersing any assembly of persons likely to obstruct the operation of the fire brigade, as if be were an officer in charge of a police-station and as if such an assembly were an unlawful assembly and shall be entitled to the same immunities and protection as such an officer, in respect of the exercise of 73[such powers;]
(c) generally take such measures as may appear necessary for the preservation of life and property;
74(f) require an electric supply company or a gas supply company to disconnect supplies and to remain as stand-by for duty until the fire is fully extinguished;
75(g) require the Calcutta Tramways Company (1978) Limited or a Railway company, telecom company or electric company to remove overhead lines to facilitate movement of Fire-Fighting appliances during Fire-fighting operations;
76(h) require the local authorities to give prior notice about blocking of roads within the local area so that routing of fire appliances may be planned; and
77(i) require telecom companies to assist in tracing and recording fire calls.
(2) The Director or the officer in charge of the members of the fire brigade on the spot, may verbally nominate and depute one or more member or members of the fire brigade to act at a distance; and such member or members shall have for the time being the like powers as the Director or such officer himself possesses under this section.
785-A. Local authority or other agency to secure supply or water.—The local authority or any other agency responsible for water supply in an area or owning a source of water or reservoir, shall secure adequate supply of water to the members of the fire brigade or the auxiliary fire brigade raised under Section 3-A for fire fighting operations on no-charge basis, and shall ensure that such supplies are available at all material times for such purpose.
795-B. Person or authority to provide all assistance to deal with fire and rescue service.—The Director or the superior nominated authority may requre any person or authority maintaining any fire fighting arrangements id provide all assistance to deal with fire or rescue service.
805-C. All vehicles to give way to fire brigade vehicles, etc. proceeding to afire.—Whenever any vehicle of the fire brigade 81[proceeds] to a fire 82[sounding its] fire alarms, all other vehicles, 83[other than] police vehicles or ambulances, shall give way to such vehicle of the fire brigade.
845-D. Penalty for malicious call to summon fire brigade.—Any person who makes a malicious call to summon the fire brigade to any place where there is no fire or apprehension of fire or need for rescue work, shall be punishable, on conviction, with fine not exceeding fifty thousand rupees or with imprisonment for a term which may extend to six months or with both.
855-E. Penalty for causing obstruction to fire brigade to draw water for fire fighting purpose.—Any person or agency causing obstruction to fire brigade to draw water for fire-fighting purposes from any reservoir or source located in any premises shall be punishable, on conviction, with fine not exceeding fifty thousand rupees or with imprisonment for a term which may extend to six months or with both.
## Section 6. Police-officers to aid the fire brigade in execution of its duties.—Police-officers of all grades shall be authorised and bound to aid the fire brgade in the execution of its duties. They may close any street in or near which a fire is burning; and they may, on their own motion or on 1 he request of the Director or any member of the fire brigade, remove any persons who interfere by their presence with the operations of the fire brigade.
## Section 7. Non-liability of police-officer, etc.— No officer of the police and no member of the fire brigade shall be held liable to damages on account of any act done by him in the bona fide belief that such act was required for the proper execution of his duties.
## Section 8. Enquiry into origin of fire and report to Magistrate.—(1) In the case of any fire occurring within any 86[area] in which this Act is in force, the senior most officer in rank among the members of the fire brigade in that 87[area] 88(or where members of the fire brigade are sent beyond the limits of any 89[area] in which this Act is in force to extinguish fire in the neighbourhood of such limits, the senior most officer in rank among the members so sent), shall ascertain the facts as to the origin and cause of such fire and shall make a report thereon to the 90[District Magistrate] having jurisdiction in the place in which such fire 91[has] occurred 92[* * *].
93(1A) The District Magistrate on receiving the report under sub-section (1) may, if he deems fit, cause, cither by himself or by any other Magistrate not below the rank of Sub-Divisional Magistrate, an enquiry, summon witnesses and take evidence about the cause of fire and effectiveness of the fire-fighting operations and recommend actions as may be required to be taken to prevent recurrence of similar fire incidents. The District Magistrate shall submit his findings along with his recommendations to the State Government under intimation to the Director. The Director shall take such measures as he may deem fit and necessary on the basis of the said findings and recommendations, and inform the State Government accordingly:
Provided that the State Government may require any fire incident to be enquired into by a committee specially constituted for the purpose in addition to, or in place of, the enquiry as aforesaid.
94[(2) The Director-General may, after obtaining the report referred to in sub-section (1) from the District Magistrate, furnish copies of such report to a fire assurance company or other person interested on payment of such fees, and in such manner, as may be prescribed.]
Chapter III
FIRE-WORKS, ETC
## Section 9. License for letting off rockets etc.— No person shall let off rockets or send up fire-balloons or sell fire-works within any area in which this Act is in force, without a license. A license for letting off rockets or sending up fire balloons shall, in any area, be subject to the provisions of clause (11) of Section 66 of the Calcutta Police Act, 1866, or of clause (10) of Section 40 of the Calcutta Suburban Police Act, 1866, or of any other law on the subject, for the time being in force in such area, and shall indicate the place from which, the time at which and the conditions subject to which, the rockets are to be let off or the fire-balloons sent up, as the case may be, and a license for selling fire-works shall require prescribed conditions specified in the license to be complied with.
## Section 10. Who may grant license; fee for license.—(1) The power of granting a license under Section 9 shall be exercised by the Collector.
97(1A) The Collector shall grant or refuse a licence under Section 9 on the basis of a report from the Director or the nominated authority.
(2)98[* * *]
(b) The annual fee for a license to sell fire-works shall be 99[such as may be prescribed and shall be] payable in advance.
## Section 11. Powers to withdraw or suspend licenses.—A license granted under Section 9 may, without prejudice to any other action that may be taken against the licensee, be suspended or withdrawn by the Collector after giving the licensee an opportunity of being heard, if in the opinion of the Collector it is necessary to do so in the public interest or, in the cast of a license to sell fire-works, if there has been a breach of any prescribed condition.
101CHAPTER IIIA
FIRE PREVENTION AND FIRE SAFETY
10211-A. General public to take preventive measures for safely from fire etc.— Subject to the provisions of the relevant municipal law, a local authority may require the general public residing in an area within its jurisdiction to take such preventive measures as may be required for safety from fire and other similar hazards.
10311-B. Owner or occupier of building to make or carry out arrangements necessary for fire prevention etc.— Subject to the provisions of the relevant municipal law and the building rules in force and in consultation with the Director, a local authority may, by general or special order, require the owner or occupier of any building of any or all categories to make or carry out such arrangements as may be necessary for fire prevention and fire safely in that area.
10411-C. Owner or occupier of high-risk building to provide fire prevention and fire safely measures.—(1) The owner or, where the owner is not traceable, the occupier of a high-risk building or part thereof shall provide fire prevention and fire safety measures in such building or part thereof and the occupier shall maintain the fire prevention and fire safety measures in good repair and in efficient condition at all times in accordance with the provisions of this Chapter or the rules made thereunder:
Provided that in the case of such building or part thereof, the construction of which has been completed on any date before the date on which this Chapter conies into force, the occupier and, in the case of such building or part thereof which is under construction on the date immediately before the date on which this Chapter comes into
force, the owner shall undertake and carry out such additional fire prevention and fire safety measures as are specified in the notice served on him under Section 35.
(2) The owner or occupier of a high-risk building, as the case may be, 105[shall obtain from the Director-General] or the nominated authority a ‘Fire Safety Certificate’ in the prescribed form issued by a licensed agency in the manner prescribed.
(3) The State Government may require compulsory endorsement of ‘Fire Safety Certificate’ by the Director or by a superior nominated authority in respect of any class or classes of high-risk buildings as may be notified by the State Government from time to time:
Provided that the Director or a superior nominated authority shall not endorse any ‘Fire Safety Certificate’ unless he or it is satisfied about the fire prevention and fire safety measures including safety of electrical installations 106[,structural means of escape from where owner or occupier can evacuate the buildings or place to a place of safety at the time of fire emergency] and provision of supply of adequate quantity of water for fighting purposes made by the owner or occupier of such building.
107[(3-A) A ‘Fire Safety Certificate’ issued under sub-section (2), shall remain valid for a period of three years with effect from the date of issue of such ‘Fire Safety Certificate’.
(3-B) The owner or occupier of the high-risk building or any authorised person, as the case may be, shall submit an application for renewal of ‘Fire Safety Certificate’ in such manner, and on payment of such fees, as may be prescribed.]
(4) The occupiers of all high-risk buildings shall carry out a mock fire drill involving the watch and ward staff of such buildings every year under intimation to the Director or the nominated authority in such manner as may be prescribed and a certificate of performance of such drill shall be furnished to the Director or the nominated authority, as the case may be.
(5) No person shall tamper with, or alter, or remove, or cause any injury or damage lo, any fire prevention or fire safety equipment installed in any such building or part thereof or instigate any other person to do so.
10811-D. No objection required under any a the law.—A fire safety certificate duly endorsed under sub-section (3) of Section 11-C shall be the ‘no objection’regarding fire prevention and fire safety measures for a building or installation under the Indian Explosives Act, 1884, or the Explosive Substances Act, 1908, or the Petroleum Act, 1934, or the Inflammable Substances Act, 1952, or the Cinematograph Act, 1952, or the rules made thereunder, or under any other law for the time being in force, as required from the Director.
10911-E. Special fee.—(1) With effect from such date as the State Government may, by notification, appoint in this behalf, there shall be levied a special fee for the
purposes of this Act on the owners of such class or classes or high-risk buildings within a local area in which this Act is in force as may be prescribed:
Provided that no special fee shall be levied on any such building or part thereof, which by virtue of its being used for any of the purposes referred to in Section 12, requires a licence under that section.
(2)(a) The States Government shall prescribe by rules the rate of special fee for different classes of high-risk buildings on the basis of the local floor area of all the floors of a building as shown in the approved building plan:
Provided that the rate of such special fee may be different for different local areas.
(b) The manner of imposition, assessment and collection of such special fee shall be such as may be prescribed.
(3) 110[* * *]
(4) The State Government may also levy annually a further special fee referred to in sub-section (1) with a view to defraying the expenses for regular checking and inspection and other incidental expenses so as to require and cause the occupier of a high-risk building to keep necessary installations in fit condition, and such special fee shall be payable by the occupier, in the case of a building existing on the date immediately before the date appointed under sub-section (1), from the date appointed under sub-section (1), and, in the case of a building the construction of which has been completed on or after the date appointed under sub-section (1), from the date of occupancy of the building as may be certified by the local authority, and in advance annually at the time of submission of the ‘Fire Safety Certificate’ under sub-section (2) of Section 11-C:
Provided that the liability of the occupier to pay the special fee under this sub-section shall be only to the extent of the special fee payable in respect of the floor area of the building under his occupation including his share of the area comprising common facilities in such building or part thereof
Explanation.— Notwithstanding anything contained elsewhere in this Act, for the purposes of this section and Section 11-C, “owner” shall include a promoter as defined in the West Bengal Building (Regulation of Promotion of Construction and Transfer by Promoters) Act, 1993, (West Ben. Act 20 of 1993) or a co-operative society, or a company or an owner of an apartment as defined in the West Bengal Apartment Ownership Act, 1972, (West Ben. Act 16 of 1972).
11111-F. Grant of license to act as licensed agency.—(1) The Director may, from time to time and in accordance, with such qualifications, experience or other matter in this behalf as may be prescribed in respect of such classes of buildings as may be prescribed, grant any person or association of persons, a license to act as licensed agency for the purposes of this Act.
(2) Every such license shall he renewed every three years.
(3) The State Government may, from time to time, prescribe a scale of fee for licensed agencies in respect of any class of building, if there is no written contract in this behalf to the contrary.
(4) Where the Director has reason to believe that any person to whom a license has been granted under sub-section (1) has contravened any provisions of this Act or the rules made thereunder or has failed to comply with the conditions of the license or is until to hold the license by reason of incompetence, misconduct or any other reasons, the Director may, after giving the person a reasonable opportunity to show cause, suspend or cancel the license, after recording the reasons in writing.
11211-G. Bar to carry outwork of providing fire prevention etc.— No person, other than a licensed agency, shall carry out, in the manner prescribed, the work of providing fire prevention and the safely measures or performing such other related activities required to be carried out in any high-risk building or part thereof under this Act.
11311-H. Bar to compromise lire safely.—Where the wilful default on the part of a licensed agency in respect of fire safety of any building or premises is compromised, such licensed agency shall be liable to criminal prosecution and, in the event of any fire accident in such building or premises, shall make good all damages on account of such fire accident.
11411-I. Appeal against order of Director.—(1) Any person aggrieved by an order of the Director under this Chapter may, within thirty days of the service of the order, prefer an appeal to such authority as may be prescribed.
(2) The manner in which an appeal shall be filed and the manner of deciding the appeal shall be such as may be prescribed.
11511-J. Penalty for contravention of provisions of Chapter 111A.—Whoever contravenes any provision of Chapter IIIA or the rules made thereunder or fails to comply with any requisition lawfully made to him under any provision of Chapter IIIA or the rules made thereunder shall, without prejudice to any other action that may be taken against him under Section 36 or Section 37, be punishable with imprisonment for a term of three years which may extend to five years or with fine of twenty thousand rupees which may extend to five lakh rupees or with both and, where the offence is a continuing one, with a further fine of one thousand rupees which may extend to ten thousand rupees for every day during which such offence continues after the conviction for the first such offence.
11611-K. Penalty for furnishing false ‘Fire Safety Certificate’.—Any person associated with a licensed agency for any of the purposes of Chapter IIIA, who knowingly furnishes a false ‘Fire Safety Certificate’, 117[or false recommendation and
misleading information in respect of such certificate,] shall be punishable with imprisonment for a term of three years which may extend to five years or with fine of twenty thousand rupees which may extend to five lakh rupees or with both.
118[11-L. Offences cognizable and non-bailable.— All offences punishable under this Chapter shall be cognizable and non-bailable.]
Chapter IV
119LICENSE FOR STORING HAZARDOUS SUBSTANCES
## Section 12. Bar to use of premises for storing or processing hazardous substances without license.—No premises in any area where this Act is in force shall be used for the purpose of storing or processing at any material point of time hazardous substances beyond such quantity as may be prescribed unless the owner or occupier thereof shall have previously been granted a license by the Collector.
## Section 13. Premises to conform to prescribed conditions.—No license to use any premises for the purpose referred to in Section 12 shall be granted unless such premises conforms to such conditions as may be prescribed.
## Section 14. Issue of license.—An application for license referred to in Section 12 shall be made to the Collector in the prescribed form along with an authenticated copy of the requisition for fire safely issued by a licensed agency and duly endorsed, in such manner as may be prescribed, by the Director or superior nominated authority, and such other documents as may be prescribed. The Collector shall, on scrutiny of the application, the requisition for fire safety and other documents, compute the annual fee payable by the applicant and shall, on payment of such fee in advance, issue the licence to the applicant on such terms and conditions as may be prescribed:
Provided that any owner or occupier of any premises which requires a license under Section 12 and who holds a valid license under this Act on the day immediately before the date of coming into force of the West Bengal Fire Services (Amendment) Act, 1996, (West Ben. Act 7 of 1996) shall not be required to apply for a license but shall, at the time of renewal, make an application for a fresh license under this Act:
Provided further that where any owner or occupier of any premises which requires a license under Section 12 has made an application for a license under this Act before the coming into force of the West Bengal Fire Services (Amendment) Act, 1996 but has not been granted a license till the date immediately before the date of coming into force of that Act, such owner or occupier shall be required to make an application for such license in accordance with the provisions or this Act.
## Section 15. Condition of grant of license.—(1) Non-fulfilment of any fire prevention and fire safely measures as may be referred to in the ‘Fire Safety Certificate’ shall be a breach of a condition of license.
125(2) Every license granted under Section 12 shall be required to be renewed annually; application for renewal of license along with duly endorsed ‘Fire Safely Certificate’ and such other documents as may be prescribed shall be made to the collector, who shall renew the license on such scrutiny as he may consider necessary and on payment of the prescribed annual fees:
Provided that if an applicant so desires, he may renew the license for three years at a time on payment of the prescribed fees.
“126(3) The annual fee shall be payable in advance in respect of the period commencing from the date from which the premises is used for the purpose referred to in Section 12 in the case of new license, and from the date following the date of expiry of the license in the case of the renewal of license.
127(3a) When a license is granted under this section or on application under Section 14 accompanied by a plan in duplicate of such building or place or when a license is renewed on application submitted with apian in duplicate under proviso (b) to Section 14, a copy of the plan authenticated by the Collector in the manner prescribed shall be returned to the licensee. 128[Such authenticated copy shall be preserved in good condition by the licensee and he shall produce it before an inspecting officer for scrutiny whenever demanded].
129(3b) Every license granted under sub-section (2) shall have effect from the date on which the license is granted and the renewal of every license renewed under sub-section (3) shall have effect from the date following the date of expiry of the license which is renewed:
Provided that where for any reason no order cither granting or refusing a license is made under sub-section (2) within a period of 130[sixty] days from the date of receipt by the Collector of the application for the license, the applicant may, on the expiry of such period and for so long as the license is not refused, use the building or place concerned for the purpose for which the license is applied for, and if the license is subsequently granted, the license shall have effect, from the date following the date of expiry of such period.
131(4) A licence or renewal of a license, for which an application has been duly made under 132[Section 14,] shall not be granted if the Collector is satisfied that the area in which the 133[premises] proposed to be used or continued to be 134[used for the purpose referred to in Section 12 is] unsuitable for the purpose. Where any such license or renewal of license is refused, the Collector shall record in writing the reasons for such refusal and shall communicate his order of refusal to the applicant.
(5) An appeal shall lie to 135[any officer not below the rank of a Joint Secretary] from an order refusing a license or the renewal of a license. 136[The period of limitation for
presenting such appeal shall be thirty days 137(against) the date of receipt of the communication referred to in sub-section (4):
Provided that no appeal shall be entertained unless the memorandum of appeal bears 138(such court-fee stamp as may be prescribed.)]
## Section 16. Period for disposal of application for license.—Every application for a license under Section 14 139[* * *] shall he disposed of within 140[sixty] days from the date of its receipt by the Collector and if it is not disposed of within that period, the applicant shall not be liable to any penalties under this Act, 141[for the use of the premises for the purposes referred to in Section 12,] after the said period of 142[sixty] days, so long as such application is not refused by the Collector.
## Section 17. Conditions to which a license shall be subject.—[* * *]
## Section 18. Annual fee.—(1) The annual fee for any premises, which requires a license under Section 12, shall be such as may be prescribed:
Provided that the State Government may by rules prescribe different rates of annual fee for different hazardous substances and for different local areas.
(2) A rebate in annual fee at such rate as may be determined by the State Government shall be allowed in the prescribed manner in respect of the premises where the owner or occupier maintains his own fire services, employing qualified and full-time fire personnel supported by adequate fire-fighting appliances:
Provided that a monthly return of the fire-fighting appliances, fire personnel and such other details as may be prescribed shall be furnished to the Director or the superior nominated authority and such fire services shall be subject to inspection by the Director or the superior nominated authority:
Provided further that in case the fire cover provided is found to be inadequate, such rebate may be withdrawn and the annual fee for the period commencing from the date on which the fire cover became inadequate, may be required to be paid.
## Section 19. Change in occupation of warehouse or workshop to be notified.—Whenever 145[* * *] a change in the occupation of any 146premises requiring a license under Section 12] occurs, the person entering into occupation of the same shall, within two weeks of his so entering into occupation, give notice in writing to the Collector of such change of occupation, and shall thereupon pay 147[such fee as may be prescribed;] and his name shall accordingly be substituted in the license in respect of the 148[premises requiring a license under Section 12] 149[in lieu of the name of the previous occupier.]
## Section 20. Suspension or withdrawal of license.—A license issued under Section 14 may, without prejudice to any other action that may be taken against the licensee, be
suspended or withdrawn by the Collector, after giving the licensee an opportunity of being heard, if, in the opinion of the Collector, it is necessary to do so in the public interest or if there has been a breach of any prescribed condition.
## Section 21. Magistrate may cancel or suspend license.—[* * *]
## Section 22. Delegation of powers by Collector.—The Collector may delegate any of his powers, duties and functions under this Chapter to any officer or officers 152[* * *] subordinate to him.
## Section 23. Powers of State Government to direct the legation of powers.—(1) The State Government may, by general or special order published in the Official Gazette, direct that such of the powers, duties and functions of the Collector under this Act as may be specified in the order, shall be exercised and 154[performed also by such other officer or officers as may be specified therein.]
155[* * *]
156[* * *]
157[* * *]
158[* * *]
159[* * *]
160[* * *]
161CHAPTER IVA
TEMPORARY STRUCTURES AND PANDALS
16223-A. Erection of temporary structures or pandals.—(1) A person who intends to erect a temporary structure or pandal with roof or walls made of straw, hay, ulu grass, golpata, hogla, darma, mat, canvas 163[tarpaulin, polythene sheets and high density polythene] or other like material 164[in an area where this Act is in force], for use as a place where members of the public may assemble, shall apply to the Director 165[or the superior nominated authority along with the prescribed fees] for permission to erect such structure or pandal and such permission shall not be refused if the structure or pandal conforms to the conditions that may be prescribed in this behalf 166[and the fee as may be prescribed in this behalf is paid]:
167Provided that the State Government may prescribe by rules the essential requirements of a ‘Fire Safely Certificate’ in respect of any class or classes of temporary structures or pandals.
(2) No structure or pandal referred to in sub-section (1) shall be erected—
(a) unless it conforms to the conditions referred to in sub-section (1) 168[and the fee referred to in sub-section (1) is paid]; and
(b) unless permission of the Director 169[or the superior nominated authority] has been granted under sub-section (1);
Provided that where no order granting or refusing the permission is made within such period as may be prescribed in this behalf, the structure or pandal may be erected if it conforms to the conditions referred to in sub-section (1).
Explanation.— For the purpose of the above proviso, different periods may be prescribed for different kinds of structures and pandals.
Chapter V
PENALTIES
17023-B. Dismantling or temporary structure or pandals.—The Director or the superior nominated authority with the assistance of the local authority and under police protection shall dismantle a temporary structure or pandal erected in contravention of the provisions of sub-section (1), and the cost of such dismantling shall be charged 10 the person who so erects the temporary structure or pandal, as the case may be.
17123-C. Penalty for not giving way to fire brigade vehicle.—Any person who, being in charge of a vehicle, contravenes the provisions of Section 5-C shall be punishable, on conviction 172[* * *], with fine which may extend to 173[two thousand] rupees.
## Section 24. Penalty for selling fire-works—Any person who sells fire-works without obtaining a license, or where a license to sell fire-works has been granted breaks any of the conditions specified in the license, shall be punishable on conviction, with fine of one thousand rupees which may extend to five thousand rupees.]
## Section 25. Penalty on householders for allowing rockets, etc. to let off without license.—If any rockets are let off or fire-balloons sent, up from within the precincts of any private premises or compound without a license, the owner or occupier or person under whose immediate control the premises or compound is, shall, unless he can prove that the offence was committed without his knowledge, be punishable, on conviction 175[* * *], 176[with fine of one thousand rupees which may extend to five thousand rupees] rupees.
## Section 26. Penalty for not taking out a license for a warehouse or workshop.—Any person who without a license uses any 177[premises for the purpose referred to in Section 12] shall be punishable, on conviction 178[* * *], 179[, with fine of one
thousand rupees which may extend to five thousand rupees] or with imprisonment for a term which may extend to two months or with both, and with 180[further fine not exceeding five hundred rupees] for each day during which he may continue to so use] such 181[premises.]
## Section 27. Penalty for using warehouse or workshop after refusal, etc. of license.—Any person who 182[, for the purpose referred to in Section 12, uses any premises] in respect of which a license has been refused, or after the license in respect thereof has been cancelled or during the time for which such License has been suspended, shall be punishable, on conviction 183[* * *] 184[, with fine of one thousand rupees which may extend to five thousand rupees] or with imprisonment for a terra which may extend to two months or with both, and with 185[further fine not exceeding five hundred rupees] for each day during which he may continue to so use such 186(premises.)]
## Section 28. Penalty for breach of conditions.—Any holder of a license who breaks any of the conditions under which a license is held in respect of any 187[premises] shall be punishable, on conviction 188[* * *]189[with a fine of one thousand rupees] 190[or with imprisonment for a term which may extend to one month or with both] for any one such offence.
## Section 29. Penalty for failing to notify change in occupation of warehouse of workshop.—If 191[* * *] there be a change in the occupation of 192[any premises referred to in Section 12,] the person entering into occupation fails to give a notice and to pay the fees required by Section 19 such person shall be punishable, on conviction 193[* * *]194[with fine of one thousand rupees which may extend to five thousand rupees”] rupees for each day during which he may so use or continue to use 195[such premises.]
## Section 30. Penalty for giving false information to Collector respecting license.—[* * *]
## Section 31. Penalty for using as residence of warehouse used for pressing jute or cotton.—[* * *]
## Section 32. Owner or occupier of building or premises to compensate person affected by Fire.—Whenever on enquiry into an incident of fire by the District Magistrate or by the committee specially constituted by the State Government under sub-section (1A) of Section 8 it is established that the incident of fire was due to wilful default or negligence on the part of the owner or occupier of any building or premises, such owner or occupier shall be liable to compensate every person affected by such fire for the loss sustained by him in addition to his being liable to criminal prosecution.
## Section 33. Offences by companies.—(1) Where an offence under this Act has been committed by a company, every person who, at the Lime the offence was committed,
was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence,
(2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.—For the purposes of this section,—
(a) “company” means a body corporate and includes a firm or other association of individuals; and
(b) “director”, in relation to a firm, means a partner in the firm.
200[33-A. Penalty for erecting structure, etc. in contravention of Section 23-A.—Any person who erects any structure or pandal in contravention of the provisions of sub-section (2) of Section 23-A, shall be punishable, on conviction 201[* * *], 202[with fine of ten thousand rupees which may extend to fifty thousand rupees] or with imprisonment for of term which may extend to six months or with both, and with further fine not exceeding 203(three thousand) rupees for each day] during which such contravention continues.
204[33-B. Penalty for obstructing persons exercising powers under Section 37-A.—Any person who wilfully obstructs, or offers any resistance to, or impedes or otherwise interferes with the Director or any officer exercising powers under Section 37-A or any assistant accompanying the Director or such officer while exercising such powers, shall be punishable, on conviction 205[* * *], 206[with fine of one thousand rupees which may extend to five thousand rupees].
207[33-C. Offences bailable and cognizable.—All offences punishable under this Chapter shad be bailable and shall 208[* * *] be cognizable.
Chapter VI
MISCELLANEOUS
## Section 34. Inspection of building or premises.—(1) The Director or the nominated authority may enter and inspect any building or part thereof or any premises at any time between sunrise and sunset where such inspection appears necessary for
ascertaining the contravention, if any, of fire prevention and fire safety measures referred 10 in Section 11-C and of the conditions referred to in Section 13:
Provided that the Director or the nominated authority may enter into and inspect any such building or part thereof or premises at any time if it appears to him or it 10 be expedient and necessary to do so in order to ensure safety of life and properly.
(2) The Director or the nominated authority, as the case may be, shall be provided with all possible assistance by the owner or occupier, as the case may be, of such building or part thereof or premises for carrying out the inspection under sub-section (1).
(3) When any such building or part thereof or premises used as a human dwelling is entered under sub-section (1), due regard shall be paid to the social and religious sentiments of the occupiers; and before any flat or part of such building or premises in the actual occupancy of any woman who, according to the custom, does not appear in public, is entered under sub-section (1), notice shall be given to her that she is at liberty to withdraw, and every reasonable facility shall be afforded to her for withdrawing.
(4) Where the inspection is carried out by the nominated authority under the foregoing provisions of this section, it shall give a report of any such inspection to the Director or the superior nominated authority.
Explanation.—For the purposes of this section, “flat” shall have the meaning assigned to it in the West Bengal (Regulation of Promotion of Construction and Transfer by Promoters) Act, 1993, (West Ben. Act 20 of 1993).
## Section 35. Issue of nonce to owner or occupier to undertake fire prevention and fire safety measures.—The Director or the superior nominated authority, as the case may be, shall, after completion of the inspection of the building or part thereof or the premises referred to in Section 34, record his or its views on the deviations from, or contravention of, the requirements with regard to the fire prevention and fire safety measures or the inadequacy of, or non-compliance with, such measures provided or to be provided therein with reference to the structure of the building or the premises or the nature of activities carried on in such building or part thereof or premises and issue a notice to the owner or occupier of such building or part thereof or premises directing him to undertake such measures, and within such time, as may be specified in the notice. Where the owner is not available, the occupier shall undertake such measures in the interest of public safety, notwithstanding anything contained in any other law for the time being in force.
## Section 36. Compliance with notice issued under Section 35.—(1) The Director may, in the event of non-compliance with any notice issued under Section 35, take such steps as may be necessary for the compliance with such notice.
(2) All expenses incurred by the Director in relation to any steps taken by him under sub-section (1) shall be payable, on demand, by the owner or occupier on whom such
notice is served, and shall, if not paid within 30 days of such demand, be recoverable under the Bengal Public Demands Recovery Act, 1913, (Beng. Act 3 of 1913).
## Section 37. Recovery of fees.—(1) The fees payable under this Act, if not paid within the time provided in this Act or the rules made thereunder, shall be recoverable as a public demand under the Bengal Public Demands Recovery Act, 1913, (Beng. Act 3 of 1913).
(2) The State Government may remit payment of fees in such cases as may be recommended by the Collector.
21337-A. Director or superior nominated authority to seal building.—(1) If the Director or the superior nominated authority is satisfied that owing to inadequacy of fire prevention and fire safety measures, the condition of any high-risk building or part thereof is in imminent danger to person or property, then, notwithstanding anything contained in this Act or in any other law for the time being in force, he or it shall, by order to be recorded in writing, require the persons in possession or occupation of such building or part thereof to remove themselves forthwith from such building or part thereof.
(2) If an order made by the Director or the superior nominated authority under sub-section (1) is not complied with, the Director or the superior nominated authority, as the case may be, may direct any police officer having jurisdiction to remove such persons from such building or part thereof and such police officer shall comply with such direction.
(3) After the removal of the persons under sub-section (1) or sub-section (2), as the case may be, the Director or the superior nominated authority, as the case may be, shall seal such building or part thereof.
(4) No person shall remove such seal except under a written order made by the Director or the superior nominated authority suo motu or on application by the owner or occupier.
(5) Any person who contravenes the provisions of sub-section (4) shall be punishable with imprisonment for a term of three years which may extend to five years or with fine of twenty thousand rupees which may extend to five lakh rupees or with both.
21437-AA. Power of the Director to remove inflammable chemicals or articles.—(1) Whenever any storage of inflammable chemicals or articles is made in any building or place in such manner as in the opinion of the Director is highly hazardous and is likely to endanger public safety, the Director may direct the owner or occupier of such building or place to remove such inflammable chemicals or articles within such time as may be specified in the directions.
(2) If such inflammable chemicals or articles are not removed within the time specified in the direction, the Director may remove such inflammable chemicals or articles with the help of police and such chemicals or articles shall be forfeited to the Government.
21537-B. Power of Collector to call for information relating to annual valuation.—(1) The Collector may call for all necessary information relating to the annual valuation of any building or place used as a warehouse or workshop from the 216[Commissioner of the Corporation of Calcutta or the Chairman of the Commissioners of any municipality in which this Act is in force or the Chief Executive Officer of the Municipal Corporation of Chandernagore, as the case may be,] for the purpose of calculation of fees in respect of licenses under Section 18.
(2) The 217[Commissioner of the Corporation of Calcutta or the Chairman or the Commissioners of any municipality in which this Act is in force or the Chief Executive Officer of the Municipal Corporation of Chandernagore, as the case may be,] shall comply with such requisition and furnish such information to the Collector within the prescribed period.
## Section 38. Appeal against order under Section 35, Section 36 or Section 37.—(1) Any person aggrieved by an order under Section 35, Section 36 or Section 37, may, within thirty days of the service of the order, prefer an appeal to such authority as may be prescribed for the purpose.
(2) The manner in which an appeal shall be filed and the manner of deciding the appeal shall be such as may be prescribed.
21938-A. Court not to entertain any suit, application or other proceeding.—No Court shall entertain any suit, application or other proceeding in respect of any notice under Section 35 or any step taken under Section 36 or any refusal to permit removal of seal under sub-section (4) or Section 37, and no such notice or step or refusal shall be called in question otherwise than by preferring an appeal as provided in this Act.
22038-B. Compounding of offences.—(1) 221[The Director-General] or such other officer as may be prescribed for a local area, may, by general or special order, cither before or after the institution of proceedings in this behalf, compound any offence punishable by or under this Act or the rules made thereunder or withdraw from such proceedings.
(2) When an offence has been compounded under sub-section (1), the offender, if in custody, shall be discharged, and no further proceedings shall be taken against him in respect of the offence so compounded.
22238-C. Court not to take cognizance of offence except on complaint.—Save in the case of cognizable offences under this Act, no Court shall take cognizance of an offence under this Act or the rules made thereunder except on the complaint of, 223[or upon the information received from, the Collector, or the Director-General, or the superior nominated authority, or any other officer authorised by the State Government in this behalf].
22438-D. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act or the rules made thereunder.
22538-E. Officers and other employees to be public servants.—Every officer and every other employee acting under the provisions of this Act or the rules made thereunder, shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code.
## Section 39. Repeal of Bengal Act 1 of 1893.—The Licensed Warehouse and Fire-Brigade Act, 1893, shall be deemed to be repealed on and from the date on which this Act comes into force in Calcutta; and on and from such date—
(a) without prejudice to the application of Section 8 of the Bengal General Clauses Act, 1899, (Ben. Act 1 of 1899) all rules, orders, declarations, Financial arrangements and appointments made under the Licensed Warehouse and Fire-Brigade Act, 1893, shall continue in force in so far as they are not inconsistent with the provisions of this Act, until varied or rescinded;
(b) all assets held by the Commissioner of Police, Calcutta, for the use of and on behalf of the Fire Brigade, under the Licensed Warehouse and Fire-Brigade Act, 1893, shall pass to and be vested in the State.
## Section 40. Power to make rules.—(1) The State Government may, by notification 226[* * *], make rules227 for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
228[(ala) the manner of appointment to the post of the Additional Director-General under clause (a) of sub-section (4), and the manner of appointment to the post of Director-General under sub-section (6), of Section 3;
(aala) the terms and conditions of service, and the conduct, discipline and control, of the Director-General, the Additional Director-General, and the Director under sub-section (7) of Section 3;]
229230[(a1aa)] the manner of appointment and salary and allowances of the inspecting officers and other staff, referred to in sub-section (3), and other functions of the inspecting officers referred to in clause (e) or sub-section (4), of Section 3-AA;
231(1a) the determination of the fee referred to in Section 4-A;
232(1b) the form of any license referred to in Section 9 and the conditions to be specified in such license for selling fireworks;
233[* * *]
234(aa) the manner of authentication referred to in sub-section (3a) of Section 15; 235[* * *]
236(b) the annual fee referred to in sub-section (1) of Section 18;
237[* * *]
238(cc) the manner of allowing rebate in annual fee under sub-section (2) of Section 18;
239[* * *]
240(e) the conditions 241[and the determination of the fee] referred to in sub-section (1) of Section 23-A and the period of time referred to in the proviso to sub-section (2) of Section 23-A;
242(f) the minimum standards for fire prevention and fire safety measures;
243(g) the qualifications, experience or other mailer for granting licence to act as licensed agency under Section 11-F;
244(h) the authority to whom appeal shall be preferred, the manner in which appeal shall be filed, and the manner of deciding appeal, under Section 38;
245(i) any other matter which may be, or is required to be, provided by rules.
## Section 41. Regulation to be approved by State Government.—No regulation made by the Director-under sub-section (3) of Section 3 shall be valid unless it is approved by the State Government.
## Section 42. Act to have amending effect.—(1) The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.
(2) Subject to the provisions of sub-section (1), the provisions of this Act shall be in addition to, and, save as otherwise expressly provided in this Act, shall not be in derogation of, the provisions of any relevant municipal law in force in any area in which this Act comes into force.
248SCHEDULE
(See Section 36.)
License under the West Bengal Fire Services Act, 1950
No. of 19
License is hereby granted to……………………………………………….. under the West Bengal Fire Services Act, 1950,—
to use the building or place being No. (a)…………………….. as a warehouse for storing or pressing or keeping
(b)………………………………………………….
………………………………………………….
………………………………………………….
to use the building or place being No. (a)………………………………………………………………… as a workshop,
subject to the conditions noted on the back and such other conditions as may be
prescribed. | It | is | hereby | acknowledged | that | a | sum | of |
Rupees………………………………………….., being the license fee due by the said………………………………………… for the period from…………… …………………………..
to…………………………. 249[in respect of the aforesaid license has been received].………………………………………………….
Name of owner.
………………………………………………….
Name of occupier.
………………………………………………….
…………………………………………………
Collector of Stamp Revenue, Calcutta
………………………………………………….
Collector of the district of
………………………………………………….
Executive Officer of the Corporation of Calcutta………………………………………………….
Chairman of the Commissioners of Municipality of…………………The…………………….. day of…………………………………
(a) Here insert the location.
(b) Here insert the name of the article.
(On the back of the license.)
Conditions
(1) The warehouse/the workshop shall at all times be open to inspection by such officer or officers, being member or members of the fire brigade, as may be appointed by the Director of Fire Services.
(2) The warehouse/the workshop shall conform to the conditions prescribed under Section 13 of the West Bengal Fire Services Act, 1950.
(3) No article referred to in clause (1) of Section 2 of the West Bengal Fire Services Act, 1950, shall be made, prepared, dried or treated in any manner on the top or roof of any building constituting or forming part of a warehouse.
(4) (In case the warehouse is used for the pressing or screwing of jute or cotton.) No person shall be allowed to use as residence any part of the warehouse or to bring into the warehouse any match-boxes or match-sticks or any artificial light not duly and thoroughly protected or to smoke within the warehouse, while jute or cotton is stored therein.
———
1. For Statement of Objects and Reasons, see the Calcium Gazelle. Extraordinary, dated the 17th February, 1950, Part IV pages 213 to 223, for the proceedings of the West Bengal Legislative Assembly, see the proceedings of the meeting of the West Bengal Legislative Assembly, held on the 23rd February, 1950.
2. These words within the square brackets were substituted for the words “in such local areas” by s. 2(1) or the West Bengal Fire Services (Amendment) Act, 1960 (West Ben. Act 21 of 1960).
3. This Act come into force on the 18th day of April, 1980 in the following local areas, namely;—
(1) Calcutta as defined in clause (11) of Section 3 of the Calcutta Municipal Act, 1923, [The Calcutta Municipal Act, 1923 (Ben. Act 3 of 1923) was repealed and re-enacted by the Calcutta Municipal Act, 1951 (West Ben. Act 33 of 1951.)] (2) The Municipality of Garden Reach. (3) The Municipality of Budge Budge. (4) The Municipality of Barrack pore. (5) The Municipality of North Borrackpore. (6) The Municipality of Bhatpara. (7) The Municipality of Naihati, (8) The Municipality of Konchrapara. (9) The Municipality of Panihali. (10) The Municipality of Halisahar. (11) The Municipality of Garulia. (12) The Municipality of Titagarh. (13) The Municipality of Khardah. (14) The Municipality of Kamarhaii. (15) The Municipality of North Dum Duni. (16) The Municipality of South Dum Duni. (17) The
Municipality of burn Dum. (18) The Municipality of Baranagor. (19) The Municipality of T ollygunj. (20) The Municipality of South Suburban. (21) The Municipality of Howrah. (22) The Municipality of Bally. (23) The Municipality of Uttarpztra, (24) The Municipality of Konnagar. (25) The Municipality of Serampore. (26) The Municipality at Hooghly-Chinsurah, (27) The Municipality of Bhadreswar. (28) The Municipality of Bansberia, (29) The Municipality or Champdani. (30) The Municipality of Baidyahati, (31) The Municipality of Rishra. (32) The Municipality of Kotrung. (33) The Municipality of Raniganj. (34) The Municipality of Asansol. (35) The Municipality of Burdwan, (36) The Municipality of Jalpaiguri, (37) The Municipality of Siliguri.
(Vide notification No. L.S.-G. 1A-1/50, dated the 18th April, 1950, published in the Calcutta Gazette, Extraordinary, of 1950, Part I, pages 493-494.)
This Act came into force on the 1st day of August, 1950, in the following local areas, namely, mauza Lillooah, jurisdiction list No. 12, thana Bally, district Howhar (vide notification No. L.S.-G. 1A-9/50, dated the 19th July, 1950, published in the Calcutta Gazette of 1950. Part page 1495).
This Act came into force, with effect from the 23.9.54, in certain areas within the police-stations Sankrali and Jagacha. Vide notification No. 8007/F .1F-7/53, dated 10.9.54 published in the Calcutta Gazette of 1954. Part I, page 3156.
This Act came into force in certain local areas in the district of 24-Parganas, Vide notification No. 7952/F .1F-4/55 dated 13.9.55, published in the Calcutta Gazette 1955, Part I, page 3828.
This Act came into force with effect from the 28.5.59 in the local area, Chandernagore, in the district of Hooghly. Vide notification No. 4323/F .IA-1/58, dated 15.5.59, published in the Calcutta Gazette of 1959, Part 1, page 2005.
This Act came into force with effect from the 20.10.60 in the Municipality of Cooch Behar. Vide notification No. 1192 O/F .IA-.5/60, dated 14.10.60, published in the Calcutta Gazette of 1960, Part I. page 3247.
4. These words within the square brackets were substituted for the words “from any such local area” by s. 2(2) of the West Bengal Fire Services (Amendment) Act, 1960 (West Ben. Act 21 of 1960).
5. This proviso was added by s. 2(3), ibid.
6. Ins. by West Bengal Act 4 of 2000, S. 2(1) (w.e.f. the date to be notified).
7. Clause (a) was substituted for the original clause by s. 3(I), ibid. Thereafter, present clauses (a) and (aa) were substituted for previous clause (a) by s. 2(1) of the West Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996).
8. Renumbered by West Bengal Act 4 of 2000, S. 2(1) (w.e.f. the date to be notified).
9. Clause (a) was substituted for the original clause by s. 3(I), ibid. Thereafter, present clauses (a) and (aa) were substituted for previous clause (a) by s. 2(1) of the West Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996).
10. Renumbered by West Bengal Act 4 of 2000, S. 2(1) (w.e.f. the date to be notified).
11. The word with in the square brackets was substituted for the words “local area” by s. 3(2) of the West Bengal Fin; Services (Amendment) Act, 1960 (West Ben. Act 21 of 1960).
12. The word with in the square brackets was substituted for the words “local area” by s. 3(2) of the West Bengal Fin; Services (Amendment) Act, 1960 (West Ben. Act 21 of 1960).
13. Omitted by West Bengal Act 28 of 2002, S. 2(1) (w.e.f. the date to be notified). Prior to omission it read as:
“(c) “the Commissioner” in relation to the Collector means the Divisional Commissioner to whom the Collector is subordinate;”
14. Clause (d) was omitted by s. 2(2) of the West Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996).
15. Subs. by West Bengal Act 4 of 2000, S. 2(2) (w.e.f. the date to be notified). Prior to substitution it read as:
“(e) “director” means the Director of Fire Services appointed by the State Government;”
16. Ins. by West Bengal Act 4 of 2000, S. 2(3) (w.e.f. the date to be notified).
17. Clause (ee) was inserted by s. 2(3), ibid.
18. Renumbered by West Bengal Act 4 of 2000, S. 2(3) (w.e.f. the date to be notified).
19. Firstly, the words “and includes an Auxiliary Fire Brigade raised under Section 3-A” were added by s. 3(3) of the West Bengal Fire Services (Amend mem) Act, 1960 (West Ben. Act 21 of 1960). Later, those words were omitted by s. 2(4) of the West Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996).
20. Clause (gg) was inserted by s. 2(5), ibid.
21. Clauses (h), (ha)(hb) and (he) were substituted for original clause (b) by s. 2(6) ibid.
22. See foot-note 6 on page 189, ante.
23. See foot-note 6 on page 189, ante.
24. See foot-note 6 on page 189, ante.
25. Subs. for “Director” by West Bengal Act 28 of 2002, S. 2(2)(a) (w.e.f. the date to be notified).
26. Ins. by West Bengal Act 28 of 2002, S. 2(2)(b) (w.e.f. the date to be notified).
27. Subs. for “Director” by West Bengal Act 28 of 2002, S. 2(2)(a) (w.e.f. the date to be notified).
28. Clause (hh) was inserted by s. 3(4) of the West Bengal Fire Services (Amendment) Act, 1960 (West Ben. Act 21 of 1960).
29. These words were inserted by s. 2(7) of the West Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996).
30. Clause (hhh) was inserted by s. 2(8), ibid.
31. Clause (i) was omitted by s. 2(9), ibid.
32. Clause (ia) was inserted by s. 3(5) of the West Bengal Fire Services
(Amendment) Act, 1960 (West Ben. Act 21 of 1960).
33. Clauses (ib), (ic), (id) and (ic) were inserted by s. 2(10) or the West Bengal Fire
Services (Amendment) Act, 1996 (West Ben. An VII of 1996)
34. See foot-note 7 on page 190, ante.
35. See foot-note 7 on page 190, ante.
36. See foot-note 7 on page 190, ante.
37. Clauses (1), (la), (lb), (lc) and (ld) were substituted for original clause (1) by s.
2(11) of the West Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7
of 1996).
38. Clauses (1), (la), (lb), (lc) and (ld) were substituted for original clause (1) by s.
2(11) of the West Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7
of 1996).
39. Clauses (1), (la), (lb), (lc) and (ld) were substituted for original clause (1) by s.
2(11) of the West Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7
of 1996).
40. See foot-note 2 on page 191, ante.
41. See foot-note 2 on page 191, ante.
42. Ins. by West Bengal Act 28 of 2002, S. 2(3) (w.e.f. the date to be notified).
43. Clause (m) and the ‘Explanation’ thereto were omitted by s. 2(12) of the West
Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996).
44. Clause (m) and the ‘Explanation’ thereto were omitted by s. 2(12) of the West
Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996).
45. Sections 3 and 3-A were first substituted for the original Section 3 by s. 4 of the West Bengal Fire Services (Amendment) Act, 1960 (West Ben. Act 21 of 1960). Late, Section 3-A was resubstitute by s. 4 of the West Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996).
46. The words within the square brackets were substituted for the words “for service in the local or other areas” by s. 3(a)(i), ibid.
47. These words were substituted for the words “for service therein.” by s. 3(a)(ii), ibid.
48. These words were inserted by s. 3(b), ibid.
49. Subs. by West Bengal Act 4 of 2000, S. 3(1) (w.e.f. the date to be notified). Prior to substitution it read as:
“(3) The fire brigade shall be under the direction and control of the Director who may, with the previous sanction of the State Government and subject to the orders or rules, if any, made by the State Government under Section 4 or Section 40, as the case may be, frame such regulations as he thinks fit relating to—
(a) the general administration and control of the fire brigade,
(b) the equipments, clothing and accoutrement of the members of the fire brgade, their classification and duties and distribution of work among them,
(c) the place at which or the limits of the area within which the members or any class of members of the fire brigade shall ordinarily reside, for ensuring that the services of the members or such class of members of the fire brigade may be readily available, and
(d) all other matters which he considers necessary for rendering the fire brigade an efficient fire-fighting force.”
50. Ins. by West Bengal Act 4 of 2000, S. 3(2) (w.e.f. the date to be notified).
51. See foot-note 3 on page 193, ante.
52. Section 3-AA was inserted by s. 2 of the West Bengal Fire Services (Amendment) Act, 1977 (West Ben. Act 10 of 1977)
53. Section 3-B was inserted by s. 5 of the West Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 196).
54. For the Rules for the regulating the recruitment of members of the West Bengal Fire Services, made under s. 4 of this Act and Article 309, proviso of the Constitution, see notification No. L.S.C. 3R—8/50, dated 24.11.51, published in the Calcutta Gazette, of ## Section 1951. Part ## Section 1. Pages 3281-3286, as subsequently amended from time to time.
55. The words within the square brackets were inserted by s. 6(a) of the West Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996).
56. For notification relating to Order for giving grannies (rewards) for service on the occasion of fines see notification No. L.S.G. 2S-28/50, dated 8.1.51, published in the Calcutta Gazette, of ## Section 1951. Part I. page 131.
57. This word was substituted for the word “gratuities” by s. 3 of the West Bengal Fire Services (Amendment) Act, 1951 (West Ben. Act 27 of 1951).
58. For notification in connection with Order relating to sending members of the brigade of a particular area to extinguish fire outside that area, see notification No. L.S.G. 2F .-49/50 (11), dated 28.2.52, published in the Calcutta Gazette of 1952, Part I, page 1303, as subsequently amended.
59. Substituted for the words “local area” by s. 5(1) of the West Bengal Fire Services (Amendment) Act, 1960 (West Ben. Act 21 of 1960).
60. Substituted for the paragraph beginning with the words “for the employment or the members of the fire brigade” by s. 5(2) of the West Bengal Services (Amendment) Act, 1960 (West Ben. Act 21 of 1960).
61. For notification in connection with Order relating to the employment of members of the fire brigade in work other than fire extinguishing, see notification No. L.S.G. 2F-48/50, doted 12.11.51, published in the Calcutta Gazette of 1951, Part 1, pages 3113-3118, as subsequently amended from time to time.
62. The words within the square brackets were inserted by s. 6(b) of the West Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996).
63. For notification relating to Order for regulating and controlling the powers, duties and functions of the Director, West Bengal Fire Services, see notification No. L.S.G. 2F-47/50, dated 28.7.50, published in the Calcutta Gazette at 1950, Part 1, page 1594, as subsequently amended from time to time.
64. The words within the square brackets were inserted by s. 6(c) of the West Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996).
65. The words within the square brackets were inserted by s. 6(d), ibid.
66. Subs. by West Bengal Act 28 of 2002, S. 3 (w.e.f. the date to be notified). Prior to substitution it read as:
“4-A. Fees payable for extinguishing fire in areas where the Act is not in force.—(1) Where [the fire brigade is sent beyond (its jurisdiction to an area)] in which this Act is in force, in order to extinguish fire [in a premises which otherwise would have required a ‘Fire Safely Certificate’ under Section 11-C or a license under Section 12,] shall be liable to pay such fee as may be prescribed in this behalf.
(2) The fee referred to in sub-section (1) shall be payable within one month of the service of a notice of demand by the Director on the occupier and if it is not paid within such period, it shall be recoverable as a public demand.”
67. Sections 4-B and AC were inserted by s. 7 of the West Bengal Fire Services (Amendment) Act, 1960 (West Ben. Act 21 of 1960).
68. Omitted by s. S. of the West Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996).
69. Sections 4-B and AC were inserted by s. 7 of the West Bengal Fire Services (Amendment) Act, 1960 (West Ben. Act 21 of 1960).
70. Omitted by s. 9, ibid.
71. The word within the square brackets was substituted for the word “give” by s. 10(a) of the West Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996).
72. Clause (cc) was inserted by s. 8 of the West Bengal Fire Services (Amendment) Act, 1960 (West Ben. Act 21 of 1980).
73. The words with in the square brackets were Substituted for the words “such powers and” by s. 10(b) of the West Bengal Fire Services (Amendment) Act, 1990 (West Ben. Act 7 of 1996).
74. Clauses (i). (g), (h) and (i) were inserted by s. 10(c), ibid.
75. Clauses (i). (g), (h) and (i) were inserted by s. 10(c), ibid.
76. See Foot-note 5 on page 196, ante.
77. See Foot-note 5 on page 196, ante.
78. Section 5-A which was originally inserted by s. 9 of the West Bengal Fire Services (Amendment) Act, 1960 (West Ben. Act 21 of 1960) was substituted by s. 11 of the West Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996).
79. Section 5-B which was originally inserted by s. 9 of the West Bengal Fire Services (Amendment) Act, 1960 (West Ben. Act 21 of 1960) was substituted by s. 12, ibid.
80. Section 5-C was inserted by s. 9 of the West Bengal Fire Services (Amendment) Act, 1960 (West Ben. Act 21 of 1960).
81. The word within the square brackets was substituted for the words “is proceeding” by s. 13(a) of the West Bengal Fire Services (Amendment) Act, 1596 (West Ben. Act 7 of 1996).
82. The words within the square brackets were substituted for the words “and using” by s. 13(b), ibid.
83. The words within the square brackets were substituted for the words “not being” by s. 13(c), ibid.
84. Section 5-D and 5-F were inserted by S. 14. ibid.
85. See foot-note 8 on page 197, unte.
86. The word within the square brackets was substituted for the, words “local area” by s. 10 of the West Bengal Fire Service (Amendment) A ct, 1960 (West Ben. Act 21 of 1960).
87. The word within the square brackets was substituted for the, words “local area” by s. 10 of the West Bengal Fire Service (Amendment) A ct, 1960 (West Ben. Act 21 of 1960).
88. The words within the first brackets were inserted by s. 5, of the West Bengal Fire Services (Amendment) Act, 1951 (West Ben. Act 27 of 1951).
89. The word within the square brackets was substituted for the, words “local area” by s. 10 of the West Bengal Fire Service (Amendment) A ct, 1960 (West Ben. Act 21 of 1960).
90. The words within the square brackets were substituted for the word“Magistrate” by s. 15(a)(i) or the West Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996).
91. The word within the square brackets was substituted for the words “shall have” by s. 15(a)(ii), ibid.
92. The word “and the said Magistrate in any case which he may deem fit, shall summon witnesses and take evidence in order to the further ascertainment of such facts” were omitted by s. 15(a)(iii), ibid.
93. Sub-section (1A) was inserted by s. 15(b) of the West Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996).
94. Subs. by West Bengal Act 28 of 2002, S. 4 (w.e.f. the date to be notified). Prior to substitution it read as:
“(2) Copies of the report referred to in sub-section (1) may be furnished by the District Magistrate to a fire assurance company or other person interested, on payment of such fees and in such manner as may be prescribed.”
95. Section 9 was substituted for the original section by S. 9 of the West Bengal Fire Services (Amendment) Act, 1960 (West Ben. Act 21 of 1960).
96. Section 10 was substituted for the original section by s. 6 of the West Bengal Fire Services (Amendment) Act, 1951 (West Ben. Act 27 of 1951).
97. Sub-section (1A) was inserted by s. 16(a) of the West Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996).
98. Omitted by West Bengal Act 28 of 2002, S. 5 (w.e.f. the date to be notified). Prior to omission it read as:
“(a) The fee for a license to let off rockets or to send up fire balloons for any particular occasion shall be [such as may be prescribed.]”
99. The words within the square brackets were substituted far the words “fifteen rupees” by s. 16(b)(ii). ibid. Prior to this substitution the words “fifteen rupees”were substituted for the words “ten rupees” by s. 12 of the West Bengal Fire Services (Amendment) Act, 1960 (West Ben. Act 21 of 1960).
100. Section 11 was substituted for the original section by s. II, ibid.
101. Chapter IIIA consisting of Sections 11-A. 11-B. 11-C, 11-D, 11-E. 11-F . 11-G, 11-H, 11-I, 11-I and 11-K was inserted by s. 17 of the West Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996).
102. Chapter IIIA consisting of Sections 11-A. 11-B. 11-C, 11-D, 11-E. 11-F . 11-G, 11-H, 11-I, 11-I and 11-K was inserted by s. 17 of the West Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996).
103. Chapter IIIA consisting of Sections 11-A. 11-B. 11-C, 11-D, 11-E. 11-F . 11-G, 11-H, 11-I, 11-I and 11-K was inserted by s. 17 of the West Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996).
104. See foot-note 5 on page 200 ante.
105. Subs. for “shall furnish to the Director” by West Bengal Act 28 of 2002, S. 6(1) (w.e.f. the date to be notified).
106. Ins. by West Bengal Act 28 of 2002, S. 6(2) (w.e.f. the date to be notified).
107. Ins. by West Bengal Act 11 of 2018, S. 2 (w.e.f. the date to be notified).
108. See foot-note 5 on pace 200, ante.
109. See foot-note 5 on pace 200, ante.
110. Omitted by West Bengal Act 28 of 2002, S. 7 (w.e.f. the date to be notified). Prior to omission it read as:
“(3) The special fee referred to in sub-section (1) shall be payable by the owner of a high-risk building at the time of submission or application to a local authority for approval of the building plan under the building rules:
Provided that in the case of every high-risk building referred to in sub-section (1), the construction of which has been completed on any date before the date of coming into force of this Chapter or, in the case of any such building the construction of which has been completed on or after the date of coming into force of this Chapter, the special fee, unless it has already been paid in accordance with the provisions of any other law in force on the date immediately before the date appointed under sub-section (1), shall be payable,—
(a) in the former case, by the owner or, if the owner is not traceable, the occupier, and
(b) in the latter case, by the owner,
of the building within three month is from the date of receipt by the owner or occupier, as the case may be, of the notice of demand in this behalf”
111. See foot-note 5 on page 200, ante.
112. See foot-note 5 on page 200, ante.
113. See foot-note 5 on page 200, ante.
114. See foot-note 5 on page 200, ante.
115. See foot-note 5 on page 200, ante.
116. See foot-note 5 on page 200, ante.
117. Ins. by West Bengal Act 28 of 2002, S. 8 (w.e.f. the date to be notified).
118. Ins. by West Bengal Act 28 of 2002, S. 9 (w.e.f. the date to be notified).
119. The heading to Chapter IV was substituted for the original heading by s. 18 of the West Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996).
120. Section 12 was substituted for the original section by s. 19, ibid. Prior to this substitution, the words “or as a workshop”, were inserted in the original section, by s. 7 of the West Bengal Fire Services (Amendment) Act, 1951 (West Ben. Act 27 of 1951).
121. Section 13 was substituted for the origin at section by s. 20 of the West Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996). Prior to this substitution, the words “or as a workshop”, were inserted in the original section, by s. 8 of the West Bengal Fire Services (Amendment) Act, 1951 (West Ben. Act 27 of 1951).
122. Section 14 was substituted for the original section by s. 9, ibid. Later the same was resubstitute by s. 21 of the West Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996). Prior to these substitutions, the word “area”, was substituted for the words “local area”, in the previous Section 14, bys. 14 of the West Bengal Fire Services (Amendment) Act, 1960 West Beng. Act 21 of 1960.
123. Sub-Section (1) was substituted far the original sub-section by s. 22(b), ibid. Prior to this substitution there occurred following changes, namely:—
(i) the words “or as a workshop” were inserted by s. 10(a)(i) of the West Bengal Fire Services (Amendment) Act, 1951 (West Ben. Act 27 of 1951).
(ii) the word “area” was substituted for the words “local area” by s. 15(1)(a) of the West Bengal Fire Services (Amendment) Act, 1960 (West Ben. Act 21 of 1960).
(iii) the words “in the prescribed form for a license” were inserted by s. 15(1)(b). ibid.
(iv) the words “one metre to a centimetre” were substituted for the words “eight feet to an inch” by s. 2 of the West Bengal Fire Services (Amendment) Act, 1962 (West Ben. Act 27 of 1962).
(v) the words “or in the workshop” were inserted by s. 10(a)(ii) of the West Bengal Fire Services (Amendment) Act, 1951 (West Ben. Act 27 of 1951).
(vi) the word “and” was omitted by s. 15(1)(c) of the West Bengal Fire Services (Amendment) Act, 1960 (West Ben. Act 21 of 1960).
(vii) clause (bb) was inserted by s. 15(1)(d). ibid, and
(viii) a proviso was added by s. 15(2), ibid.
124. The marginal note to Section 15 was substituted for the original ‘Marginal note’ by s. 22(a) of the West Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996).
125. Sub-section (2) was substituted for the original sub-section by s. 10(b) of the West Bengal Fire Services (Amendment) Act, 1951 (West Ben. Act 27 of 1951). Later, the same was resubstituted by s. 22(c) of the West Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996).
126. Subs. by S. 22(d). ibid. Prior to this substitution, the words “who shall refer the case to the Director and the Collector shall grant or refuse renewal as may be recommended by me Director”, in the original sub-section, were substituted for the words “who may in his discretion grant or refuse renewal” by s. 10(c) of the West Bengal Fire Services (Amendment) Act, 1951 (West Bengal Act 27 of 1951).
127. This new sub-section (3a) was inserted by s. 10(d) of the West Bengal Fire Services (Amendment) Act, 1951 (West Ben. Act 27 of 1951).
128. These words were added by s. 15(3) of the West Bengal Fire Services
(Amendment) Act, 1960 (West Ben. Act 21 of 1960).
129. Sub-section (3b) was inserted by s. 15(4), ibid.
130. Subs. for “thirty” by West Bengal Act 28 of 2002, S. 10(1) (w.e.f. the date to
be notified).
131. Sub-section (4) was substituted for the original sub-section by s. 15(5). ibid.
132. The word and figures within the squire brackets were substituted for the
words, fights and brackets “sub-section (1) or sub-section (3).” by s. 22(c)(i) of
the West Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996).
133. The word “premise” was substituted for the words “building or place” by s.
22(e)(ii), ibid.
134. The words within the square brackets were substituted for the words “used
as a warehouse or workshop is in the public interest” by S. 22(e)(iii), ibid.
135. Subs. for “the Commissioner” by West Bengal Act 28 of 2002, S. 10(2) (w.e.f.
the date to be notified).
136. The portion within the squire brackets was added by s. 15(6) of the West
Bengal Fire Services (Amendment) Act, 1960 (West Ben. Act 21 of 1960).
137. The word within the first brackets was substituted for the word “from” by s.
22(f)(i) of the West Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7
of 1996).
138. The words within the first brackets were substituted for words “a Court-fee
stamp of one rupee” by s. 22(f)(ii). ibid.
139. The words and figures “or under Section 15” were omitted by s. 23(a). ibid.
140. The word within the square brackets were substituted for lite word “thirty”
by s. 23(b). ibid.
141. The words and figures within the square brackets were substituted for the words “for the use as a warehouse or as a workshop of the building or place in respect of which the application was made,” by s. 23(c), ibid.
142. The words within the first brackets were substituted for words “a Court-fee stamp of one rupee” by s. 22(f)(ii). ibid.
143. Omitted by s. 24 of the West Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996).
144. Section 18 was substituted for the original by s. 25, ibid. Prior to this substitution, there occurred following changes, namely:—
(i) sub-sections (1), (1a) and (1b) were substituted for the original sub-section (1) by s. 16(a) of the West Bengal Fire Services (Amendment) Act, 1960 (West Ben. Act 21 of 1960).
(ii) the words “or as a workshop” were inserted by s. 13(b)(i) of the West Bengal Fire Services (Amendment) Act, 1951 (West Ben. Act 27 of 1951).
(iii) the words “and for different classes of workshops according to the nature of the processing carried on or the quantity or nature of the articles processed (herein” were added by s. 13(b)(ii), ibid.
(iv) the first proviso to sub-section (2) was substituted for the original proviso by s. 16(b) of the West Bengal Rw Services (Amendment) Act, 1960 (West Ben. Act 21 of 1960).
(v) a further proviso was added to sub-section (2) by s. 2(a) of the West Bengal Fire Services (Amendment) Act, 1987 (West Ben. Act 13 of 1957).
(vi) the words “a building or place used as a warehouse or as a workshop” were substituted for the words “building or place used as a warehouse”, in sub-section (3), by s. 13(c)(i) of the West Bengal Fire Services (Amendment) Act, 1951 (West Ben. Act 27 of 1951).
(vii) the word “and” was omitted by s. 13(c)(ii), ibid.
(viii) a proviso was added to clause (a) of sub-section (3) by s. 13(c)(iii), ibid.
(ix) the words “for such building or place separately” were inserted with retrospective effect, in proviso to clause (a) of sub-section (3) by s. 2(b)(i) of the West Bengal Fire Services (Amendment) Act, 1957 (West Ben. Act 13 of 1957), and
(x) the words, figures and brackets “and the annual fee referred to in sub-section (2) and the maximum for the annual fee referred to in the first proviso to sub-section (2) shall he calculated separately for such building or place and the annual fee so calculated shall be payable under sub-section (1) separately for such building or place” were inserted with retrospective effect, in proviso to clause (a) of sub-section (3) by s. 2(b)(ii), ibid.
145. The words “and so often as” were omitted by s. 26(a) of the West Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996).
146. The words and figures were substituted for the words “warehouse or workshop” by s. 26(b). ibid. Prior to this substitution the words “or workshop”were inserted by s. 14 of the West Bengal Fire Services (Amendment) Act, 1951 (West Ben. Act 27 of 1951).
147. The words within the square brackets were substituted for the words “a fee of ten rupees;” by s. 26(e) of the West Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996).
148. The words and figures were substituted for the words “warehouse or workshop” by s. 26(b). ibid. Prior to this substitution the words “or workshop”were inserted by s. 14 of the West Bengal Fire Services (Amendment) Act, 1951 (West Ben. Act 27 of 1951).
149. The words within the square brackets were substituted for the words “for the name of the last occupier” by s. 26(d) ibid.
150. Section 20 was substituted for the original section by s. 27 of the West Bengal Fire Services (Amendment.) Act, 1996 (West Ben. Act 7 of 1996).
151. Omitted by s. 28 of the West Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996).
152. The words “not below the rank of Sub-Divisional Officer,” omitted by West Bengal Act 28 of 2002, S. 11 (w.e.f. the date to be notified).
153. Section 23 was substituted for the original section by s. 17 of the West
Bengal Fire Services (Amendment) Act, 1960 (West Ben. Act 21 of 1960).
154. The words within the square brackets were substituted for the words
“performed also by—” by s. 30(a) of the West Bengal Fire Services (Amendment)
Act, 1996 (West Ben. Act 7 of 1996).
155. Clauses (a), (b), (c) and (d) to sub-section (I) of Section 23 were omitted by
s. 30(b), ibid.
156. Clauses (a), (b), (c) and (d) to sub-section (I) of Section 23 were omitted by
s. 30(b), ibid.
157. Clauses (a), (b), (c) and (d) to sub-section (I) of Section 23 were omitted by
s. 30(b), ibid.
158. Clauses (a), (b), (c) and (d) to sub-section (I) of Section 23 were omitted by
s. 30(b), ibid.
159. Sub-section (2) and (3) were omitted by S. 30(c), ibid.
160. Sub-section (2) and (3) were omitted by S. 30(c), ibid.
161. Chapter IVA consisting of Section 23-A was inserted by s. 17 of the West
Bengal Fire Services (Amendment) Act, 1981 (West Ben. Act 27 of 1951).
162. Chapter IVA consisting of Section 23-A was inserted by s. 17 of the West
Bengal Fire Services (Amendment) Act, 1981 (West Ben. Act 27 of 1951).
163. The words within the square brackets were inserted by s. 2(a)(i) of the West
Bengal Fire Services (Amendment) Act, 1988 (West Ben. Act 11 of 1988).
164. The words within the square brackets were inserted by s. 31(a)(1) or the
West Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996).
165. The words within the square brackets were inserted by s. 31(a)(ii). ibid.
166. The words within the squire brackets were inserted by s. 2(a)(ii) or the West Bengal Fire Services (Amendment) Act, 1988 (West Ben. Act 11 of 1988).
167. The proviso was added by s. 31(a)(iii) of the West Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996).
168. The words, figure and brackets within the square brackets were inserted by s. 2(b) of the West Bengal Fire Services (Amendment) Act, 1988 (West Ben. Act 11 of 1988).
169. The words within the square brackets were inserted by s. 31(b) of the West Bengal Fire Service (Amendment) Act, 1996 (West Ben. Act 7 of 1996).
170. Section 23-B was first inserted by s. 18 of the West Bengal Fire Services (Amendment) Act, 1960 (West Ben. Act 21 of 1960). Later the same was re-substituted by s. 32 of the West Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996).
171. Section 23-C was inserted by s. 18 of the West Bengal Fire Services (Amendment) Act, 1960 (West Ben. Act 21 of 1960).
172. The words “before a Magistrate” were omitted by s. 33(a) of the West Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996).
173. The words within the square brackets were substituted for the words “one hundred” by s. 33(b). ibid.
174. Subs. by West Bengal Act 28 of 2002, S. 12 (w.e.f. the date to be notified). Prior to substitution it read as:
“24. Penalty for letting off rockets, etc.—Any person who, within any 4[area] in which this Act is in force, lets of rockets or sends up fire-balloons or sells fire-works without obtaining a license, [or where license to sell fire-works has been granted, breaks any of the prescribed conditions specified therein] shall be punishable, on conviction [* * *], with fine which may extend to [Five thousand) rupees for every such offence.”
175. The words “before a Magistrate” were omitted by s. 35(a), ibid.
176. Subs. for “with fine not exceeding [five thousand]” by West Bengal Act 28 of 2002, S. 13 (w.e.f. the date to be notified).
177. The words and figures within the square brackets were substituted for the words “building or place as a warehouse or as a workshop” by s. 36(a) of the West Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996). Prior to this substitution the words “or as a workshop” were inserted by s. 18(a) of the West Bengal Fire Services (amendment) Act, 1951 (West Ben. Act 27 of 1951).
178. The words “before a Magistrate” omitted by s. 36(b), ibid.
179. Subs. for “with fine not exceeding [five hundred rupees” by West Bengal Act 28 of 2002, S. 14(a) (w.e.f. the date to be notified).
180. Subs. for “further fine not exceeding one hundred rupees” by West Bengal Act 28 of 2002, S. 14(b) (w.e.f. the date to be notified).
181. The word within the square brackets was substituted for the words“warehouse or workshop” by s. 36(c) of the West Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996). Prior to this substitution, the words “or workshop” were added by s. 18(b) or the West Bengal Fire Services (Amendment) Act, 1951 (West Ben. Act 27 of 1951).
182. The words and figures within the square brackets were substituted for the word; “uses any warehouse or workshop” by s. 37(a) of the West Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996). Prior to (his substitution, the words “or workshop” were inserted by s. 19 of the West Bengal Fire Services (Amendment) Act, 1951 (West Ben. Act 27 of 1951).
183. The word “before a Magistrate” were omitted by s. 31(b) or the West Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996).
184. Subs. for “, with fine not exceeding five hundred rupees” by West Bengal Act 28 of 2002, S. 15(a) (w.e.f. the date to be notified).
185. Subs. for “further fine not exceeding one hundred rupees” by West Bengal Act 28 of 2002, S. 15(b) (w.e.f. the date to be notified).
186. The word within the first brackets was substituted for the words “warehouse or workshop” by s. 37(c) of the West Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996).
187. The word within the square brackets were substituted for the words“warehouse or workshop” by s. 38(a) of the West Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996), Prior to I his substitution the words “or workshop” were inserted by s. 20 of the West Bengal Fire Services (Amendment) Act, 1951 (West Ben. Act 27 of 1951).
188. The wards “before a Magistrate” were omitted by s. 38(b) of the West Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996).
189. Subs. for “, with fine not exceeding one hundred rupees” by West Bengal Act 28 of 2002, S. 16 (w.e.f. the date to be notified).
190. The words within the square brackets were inserted by s. 22 of the West Bengal Fire Services (Amendment) Act, 1960 (West Ben. Act 21 of 1960).
191. The words “and so often as” were omitted by s. 39(a) of the West Bengal Fire Sen ices (Amendment) Act, 1996 (West Ben. Act 7 of 1996).
192. The words and figures within the square brackets were substituted for the words “any warehouse or workshop” by s. 39(b), ibid. Prior 10 this substitution, the words “or workshop” were inserted by s. 21 of the West Bengal Fire Services (Amendment) Act, 1951 (West Ben. Act 27 of 1951).
193. The words “before a Magistrate” were omitted by s. 39(c) of the West Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996).
194. Subs. for “, with fine not exceeding 184[five thousand] rupees” by West Bengal Act 28 of 2002, S. 17 (w.e.f. the date to be notified).
195. The words within the square brackets were substituted for the words “such warehouse or workshop” by s. 39(c), ibid. Prior to this substitution, the words “or workshop” were inserted by s. 21 of the West Bengal Fire Services (Amendment) Act, 1951 (West Ben. Act 27 of 1951).
196. Omitted by s. 40 of the West Bengal Fire Sentences (Amendment) Act, 1996 (West Ben. Act 7 of 1996).
197. Omitted by s. 41, ibid.
198. Section 32 was substituted for the original section by s. 42 of the West Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996). Prior to this substitution, the words “one hundred rupees” were substituted for the words“twenty rupees” by s. 22 of the West Bengal Fire Services (Amendment) Act, 1951 (West Ben. Act 27 of 1951).
199. Section 33 was substituted for the original section by s. 43 of the West Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996). Prior to this substitution, the words “one hundred rupees” were substituted for the words“twenty rupees” by s. 23 of the West Bengal Fire Services (Amendment) Act, 1951 (West Ben. Act 27 of 1951).
200. Section 33-A was inserted by s. 24, ibid.
201. The words “before a Magistrate” were omitted by s. 44(a) of the West Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996).
202. Subs. for “with fine not exceeding (fifty thousand) rupees” by West Bengal Act 28 of 2002, S. 18 (w.e.f. the date to be notified).
203. The words within the first brackets were substituted for the words “one hundred” by s. 44(c) ibid.
204. Section 33-B was inserted by s. 3 of the West Bengal Fire Services (Amendment) Act, 1952 (West Ben. Act 11 of 1952).
205. The words “before a Magistrate” were omitted by s. 45(a) of the West Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996).
206. Subs. for “with fine not exceeding [five thousand] rupees” by West Bengal Act 28 of 2002, S. 19 (w.e.f. the date to be notified).
207. Section 33-C was inserted by s. 26 of the West Bengal Fire Services (Amendment) Act, 1960 (West Ben. Act 21 of 1960).
208. The words, figures and letter “except where punishable under Section 23-B,”were onlined by s. 46 of the West Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996).
209. Section 34 was substituted for the original section by s. 47 of the West Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996). Prior to this substitution, there occurred following changes, namely:—
(i) sub-section (1) to original section was substituted by s. 27(a) of the West Bengal Fire Services (Amendment) Act, 1960 (West Ben. Act 21 of 1960), and
(ii) the words “or the Municipal Corporation of Chandernagore” were.
210. Section 35 was substituted for the original section by s. 48 of the West Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996).
211. Section 36 was substituted for the original section by s. 49, ibid.
212. Section 37 was substituted for the original section by s. 50 of the West Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996).
213. Section 37-A was first inserted by s. 4 or the West Bengal Fire Services (Amendment) Act, 1952 (West Ben. Act 11 of 1952), Later the present section was substituted by s. 51 or the West Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996). Prior to these insertion and substitution there occurred a change, namely:—
the ward “weighment” was inserted, in the original section, by s. 28 of the West Bengal Fire Services (Amendment) Act, 1960 (West Ben. Act 21 of 1960).
214. Section 37-AA was inserted by S. 3 of the West Bengal Fire Services (Amendment) 1977 (West Bengal Act 10 of 1977).
215. Section 37-B was inserted by s. 4 of the West Bengal Fire Services (Amendment) Act, 1952 (West Ben. Act 11 of 1952).
216. These words within the square brackets were substituted for the words“Corporation of Calcutta or the Commissioners of a Municipality in which this Act is in force.” by s. 29(a) of the West Bengal Fire Services (Amendment) Act, 1960 (West Ben. Act 21 of 1960).
217. These words within the square brackets were substituted for the words“Corporation of Calcutta and the Commissioners of any Municipality in which this Act is in force” by s. 29(b). ibid.
218. Firstly, Section 38 was substituted for the original section by s. 30, ibid. Later, the present Section 38 was substituted far the previous section by s. 52 of the West Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996).
219. Sections 38-A and 3-KB were inserted by s. 53, ibid.
220. Sections 38-A and 3-KB were inserted by s. 53, ibid.
221. Subs. for “The District Magistrate within whose jurisdiction a local area lies,”by West Bengal Act 28 of 2002, S. 20 (w.e.f. the date to be notified).
222. Sections 38-C, 38-D and 38-E were inserted by s. 53 of the West Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996).
223. Subs. for “or upon the information received from, the Director or any other officer authorised by him in this behalf” by West Bengal Act 28 of 2002, S. 21 (w.e.f. the date to be notified).
224. Sections 38-C, 38-D and 38-E were inserted by s. 53 of the West Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996).
225. Sections 38-C, 38-D and 38-E were inserted by s. 53 of the West Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996).
226. The words “in the Official Gazette” were omitted by s. 54(a), ibid.
227. For rules made in exercise of the power conferred by this section, see the following notifications of the Local Self-Government Department, namely;—
(1) Notification Nos. L.S.-G. O-S/50-11 and L.S.-G. 1A-1950, both dated the 20th April, 1950, published in the Calcutta Gazette, Extraordinary, dated the 20th April, 1950, Pt. I. page 521;
(2) Notification No. L.S.-G 3R-15/51, dated the 11th June, 1951, published in the Calcutta Gazette, dated the 21st June, 1951, Pt. I, page 1471;
(3) Notification No. L.S.-G. 2F-162/50, dated the 18th July, 1951, published in the Calcutta Gazette, dated the 26th July, 1951, Pt I, page 1886:
(4) Notification No. L.S.-G. 2F-19/50(1), dated the 28th February, 1952, published in the Calcutta Gazette, dated the 1st May, 1952. Pt. 1, page 1304, as subsequently amended;
(5) Notification No. L.S.-G. 2F-211/51, dated the 2nd July, 1952, published in the Calcutta Gazette, dated the 10th July, 1952, Pt, I, page 2207;
(6) Notification No. L.S.-G. 1A-35/51/I, dated 10.10.52, published in the Calcutta Gazette, of 1952, Part I. pages 3341-3342;
(7) Notification No. L.S.-G. 4F-9/51, dated the 17th February, 1953, published in the Calcutta Gazette, dated the 5th March, 1953. Pt. I, pages 628-633, as subsequently amended;
(8) Notification No. F . 3L-7/52, dated the 17th April, 1953, published in the Calcutta Gazette, dated the 23rd April, 1953. Pt. I, page 1251;
(9) Notification No. F . 3L-5/53, dated the 6th June, 1953, published in the Calcutta Gazette, dated the 18th June, 1953, Pt. I, page 1996;
(10) Notification No. 7090/F . 3L-8/54, dated the 11th August, 1954, published in the Calcutta Gazette, dated the 19th August, 1954, Pt. I. page 2779;
(11) Notification No. 618/F . 3L-8/55, doled the 20th January, 1956, published in the Calcutta Gazette, dated the 2nd February, 1956, Pt, I, page 412;
(12) Notification No. 1126/F . 1A-4/57, doted 3.2.58, published in the Calcutta Gazette of 1958, Pun 1, pages 529-540:
(13) Notification No. 1879/F . 3R-3/57, doled 27.2.58, published in the Calcutta Gazette of 1958, Part 1, page 767.
228. Ins. by West Bengal Act 4 of 2000, S. 4 (w.e.f. the date to be notified).
229. Clause (a1a) was inserted by s. 4 of the West Bengal Fire Services (Amendment) Act, 1977 (West Ben. Act 10 of 1977).
230. Renumbered by West Bengal Act 4 of 2000, S. 4 (w.e.f. the date to be notified).
231. Clause (1a) was inserted by s. 25(a) of the West Bengal Fire Services (Amendment) Act, 1951 (West Ben. Act 27 of 1951).
232. Clause (1b) was inserted by s. 31(1) of the West Bengal Fire Services (Amendment) Act, 1960 (West Ben. Act 21 of 1960).
233. Clause (a) was omitted by s. 54(h)(i) of the West Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996).
234. Clauses (aa) and (aaa) were inserted by s. 25(b) of the West Bengal Fire Services (Amendment) Act, 195) (West Ben. Act 27 of 1951). Later, clause (aaa) was omitted by s. 54(b)(i) of the West Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996).
235. Clauses (aa) and (aaa) were inserted by s. 25(b) of the West Bengal Fire Services (Amendment) Act, 195) (West Ben. Act 27 of 1951). Later, clause (aaa) was omitted by s. 54(b)(i) of the West Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996).
236. Clause (b) was substituted for the original clause by s. 54(b)(ii) of the West Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996). Prior to this substitution, the words “or as a workshop” was inserted, in the original clause, by s. 25(c) of the West Bengal Fire Services (Amendment) Act, 1951 (West Ben. Act 27 of 1951).
237. Clause (c) was omitted by s. 54(b)(iii) of the West Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996).
238. Clause (cc) was first inserted by s. 3(b) of the West Bengal Fire Services (Amendment) Act, 1957 (West Ben. Act 13 of 1957), Later, the same was substituted by s. 54(b)(iv) of the West Bengal Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996).
239. Clause (d) was omitted by s. 54(b)(v), ibid.
240. Clause (e) was added by s. 25(d) of the West Bengal Fire Services
(Amendment) Act, 1951 (West Ben. Act 27 of 1951).
241. The words within the square brackets were inserted by s. 4 of the West
Bengal Fire Services (Amendment) Act, 1988 (West Ben. Act 11 of 1988).
242. Clauses (f), (g), (h) and (i) were inserted by s. 54(b)(vi) of the West Bengal
Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996).
243. Clauses (f), (g), (h) and (i) were inserted by s. 54(b)(vi) of the West Bengal
Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996).
244. Clauses (f), (g), (h) and (i) were inserted by s. 54(b)(vi) of the West Bengal
Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996).
245. Clauses (f), (g), (h) and (i) were inserted by s. 54(b)(vi) of the West Bengal
Fire Services (Amendment) Act, 1996 (West Ben. Act 7 of 1996).
246. Sections 41 and 42 were inserted by s. 55, ibid.
247. Sections 41 and 42 were inserted by s. 55, ibid.
248. This Schedule was substituted for the original Schedule by s. 26 of the West
Bengal Fire Services (Amendment) Act, 1951 (West Ben. Act 27 of 1951).
249. These words were substituted for the words “in respect of the aforesaid
licence at the rule of Rs. ………….. per annum has been received” by s. 32 of the
West Bengal Fire Services (Amendment) Act, 1960 (West Ben. Act 21 of 1960).