The Telangana Fire Service Act, 1999

THE TELANGANA FIRE SERVICE ACT, 1999. (ACT NO. 15 OF 1999) ARRANGEMENT OF SECTIONS Sections CHAPTER - I PRELIMINARY 1. Short title, extent and commencement. 2. Definitions. 3. Maintenance of Fire Service. 4. Appointment of Director General of Fire Services. 5. Superintendence and control of service. 6. Appointment of members of service. 7. Issue of certificate to members of service. 8. Auxiliary fire services. CHAPTER - II POWERS OF THE GOVERNMENT, DIRECTOR GENERAL AND MEMBERS OF THE SERVICE 9. Powers of the Government to make orders. 10. Powers of Members of service on occasions of fire. 11. Power of the Officer-in-charge of fire fighting to make arrangements for supply of water. 12. Powers of Director General to enter into arrangements for assistance. 13. Issue of a no objection certificate. CHAPTER - III PREVENTIVE MEASURES 14. Preventive measures. 2 [Act No. 15 of 1999] 15. Purposes for which places may not be used without licence. 16. Application for grant of licence. 17. Grant of licence. 18. Duration of licence. 19. Owner’s or occupier’s liability to provide for fire prevention and fire safety measures. 20. Right of inspection. 21. Notice regarding fire prevention and fire safety measures. 22. Steps to be taken in the event of non-compliance of notice. CHAPTER - IV EXPENDITURE OF MAINTENANCE OF SERVICE 23. Expenditure on service. 24. Fees. 25. Imposition and collection of fee. CHAPTER - V PENALTIES 26. Penalty for violations of duty etc. 27. Penalty for failure to take precautions. 28. Penalty for willfully obstructing fire fighting operations. 29. Penalty for false report. 30. Penalty for failure to take out licence. 31. Penalties. 32. Offences by Companies. [Act No. 15 of 1999] 3 33. Compounding or withdrawal of proceedings. CHAPTER - VI GENERAL AND MISCELLANEOUS 34. Training Centres. 35. Levy of training fee. 36. Levy of fire tax. 37. Bar of other employment. 38. Transfer to other areas. 39. Employment on other duties. 40. Power to obtain information. 41. Consumption of water. 42. No compensation for interruption of water supply. 43. Police Officers to aid. 44. Cognizance of Offences. 45. Protection of action taken in good faith. 46. Restrictions respecting right to form association, freedom of speech, etc. 47. Power to make rules. THE TELANGANA FIRE SERVICE ACT, 1999.1 Act No. 15 of 1999. CHAPTER-I PRELIMINARY 1. (1) This Act may be called the 2Telangana Fire Service Short title, extent Act, 1999. and commencement. (2) It extends to the whole of the State of 2Telangana. (3) It shall come into force on such date as the Government, may, by notification in the 2Telangana Gazette, appoint. 2. In this Act, unless the context otherwise requires,- Definitions. (a) ―building’’ includes a high-rise building, house, out- house, stable, godown, shed, hut, wall (other than a boundary wall), fencing, platform and any other structure whether of masonry, bricks, wood, mud, metal or of any other material whatsoever; (b) ―building bye laws‖ means the building bye-laws rules or regulations under any relevant municipal law and includes the development control rules or any other building rules or regulations made under any other law for the time being in force and are in operation; 1. The Andhra Pradesh Fire Service Act, 1999 received the assent of the President on the 1st June, 1999. The said Act in force in the combined State, as on 02.06.2014, has been adapted to the State of Telangana, under section 101 of the Andhra Pradesh Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the Notification issued in G.O.Ms.No.75, Home (Legal) Department, dated 17.11.2015. 2. Substituted by G.O.Ms.No.75, Home (Legal) Department, dated 17.11.2015. 2 [Act No.15 of 1999] (c) ―Director General‖ means the Director General of Fire Services appointed under section 4; (d) ―fire fighting property‖ includes,- (i) lands and buildings used as fire stations and static water tanks; (ii) fire engines, equipments, tools, implements and whatsoever used for fire-fighting; (iii) motor vehicles and other means of transport used in connection with fire fighting; and (iv) Uniforms and badges of rank; (e) ―fire station‖ means any place declared generally or specially, by the Government to be a fire station; (f) ―form‖ means a form appended to this Act; (g) ―Government‖ means the State Government; (h) ―high-rise building‖ means a building the height of which is 3[18 meters] or more from the surface level of the land contiguous to such building; (i) ―member of service‖ means any person appointed under section 6; (j) 3[The National Building Code of India as amended from time to time] means the book containing Fire Prevention and Safety measures to be implemented in the buildings, places, premises, workshops, warehouses and industries published by the Indian Standards Institution; 3. Substituted by Act No.21 of 2006. [Act No.15 of 1999] 3 (k) ―notification‖ means a notification published in the 4Telangana Gazette and the word ―notified‖ shall be construed accordingly; (l) ―Occupier‖ includes,- (i) any person who for the time being is paying or is liable to pay to the owner, the rent or any portion of the rent of the land or building in respect of which such rent is paid or payable; (ii) an owner in occupation of or otherwise using his land or building; (iii) a rent-free tenant of any land or building; (iv) a licensee in occupation of any land or building; and (v) any person who is liable to pay to the owner damages for the use and occupation of any land or building; (m) ―Officer-in-charge of Fire Station‖ includes when the officer-in-charge of the fire station is absent from the station or unable from illness or other cause, to perform his duties, the fire officer next in rank to such officer and present at the station; (n) ―Owner‖ includes a person who for the time being is receiving or is entitled to receive the rent of any land or building whether on his own account or as an agent, trustee, guardian or receiver or any other person who should receive the rent or be entitled to receive it if the land or building or part thereof were let out to a tenant; 4. Substituted by G.O.Ms.No.75, Home (Legal) Department, dated 17.11.2015. 4 [Act No.15 of 1999] (o) ―prescribed‖ means prescribed by rules made by the Government under this Act; (p) ―Service‖ means the 5Telangana Fire Service established and maintained under this Act; (q) ―State‖ means the State of 5Telangana. Maintenance of 3. There shall be established and maintained, by the Fire Service. Government a service to be called the 5Telangana Fire Service. Appointment of 4. The Government may appoint a person to be the Director General Director General of Fire Services and such other Officers of Fire Services. and staff as may be necessary from time to time to assist the Director-General in the discharge of his functions. Superintendence 5. The superintendence and control of the service shall and control of vest with the Director General and shall be carried on by him service. in accordance with the provisions of this Act and the rules made thereunder. Appointment of 6. The Director General or such other officer of the service members of as the Government may authorize in this behalf may appoint service. members of the service in accordance with the rules made under this Act. Issue of certificate 7. (1) Every person shall, on appointment to the service to members of receive a certificate in the prescribed form under the seal of service. the Director General or an officer authorised in this behalf by the Government; and thereupon such person shall have the powers, functions and privileges as are entrusted under this Act, or the rules made thereunder. 5. Substituted by G.O.Ms.No.75, Home (Legal) Department, dated 17.11.2015. [Act No.15 of 1999] 5 (2) The certificate referred to in sub-section (1) shall cease to have effect when the person named therein ceases for any reason to be a member of the service, and on his ceasing to be such member, he shall forthwith surrender the certificate to an officer empowered to receive the same. (3) The powers, functions and privileges vested with any member of the service shall, during the period of his suspension from service be in abeyance but such member shall continue to be subject to the same discipline and penalties as if he had not been suspended. 8. (1) Whenever it appears to the Government that it is Auxiliary fire necessary to augment the service, they may raise an services. auxiliary service by enrolment of volunteers for such areas and on such terms and conditions as they may deem fit. (2) Every member of the auxiliary service enrolled under sub-section (1) shall,- (a) receive a certificate in the prescribed form; (b) be vested with all or any of the powers, functions and privileges of a member of the service as are specially mentioned in the certificate; and (c) be subject to the orders of the Director General. CHAPTER – II POWERS OF THE GOVERNMENT, DIRECTOR GENERAL AND MEMBERS OF THE SERVICE 9. The Government may, from time to time, make such Powers of the Government to general or special orders as they may think fit,- make orders. 6 [Act No.15 of 1999] (a) for providing the service with such appliances and equipment as they deem proper; (b) for providing adequate supply of water and for ensuring that it shall be available for use; (c) for constructing or providing places for fire stations or accommodating the members of the service or fire fighting appliances; (d) for giving rewards to persons who have given information regarding the occurrence of fire and to those who have effectively assisted the service on occasions of fire; (e) for the training, discipline and good conduct of the members of the services; (f) for the speedy attendance of members of the service with necessary appliances and equipment on the occasion of any alarm of fire; (g) for sending members of the services with appliances and equipment beyond the limits of any area in which this act is in force for purposes of fire fighting in the neighbourhood of such limits; (h) for the employment of the members of the service in any rescue, salvage, or other similar work; (i) for regulating and controlling the powers, duties and functions of the Director General; and (j) generally for the maintenance of the service in a due state of efficiency. [Act No.15 of 1999] 7 10. (1) On the occasion of fire in any area, the member of Powers of members of the service who is in charge of fire fighting operations on the service on spot may,- occasion of fire. (a) remove, or order any other member of the service to remove, any person who by his presence, interferes with or impedes the operations for extinguishing the fire or for saving life or property; (b) close any street or passage in or near which fire is burning; (c) break into or through, or pull down, any premises, for the passage of house or appliances or cause them to be broken into or through, or pulled down, doing as little damage as possible for the purpose of extinguishing fire: Provided that the owner or occupier, as the case may be, of any such premises shall be granted reasonable compensation to the extent of the damage so caused in such manner as may be prescribed; (d) require the authority incharge of water supply in the area to regulate the water mains so as to provide water at a specified pressure at the place where the fire has broken out and utilise the water of any stream, cistern, well or tank or of any available source of water, public or private, for the purpose of extinguishing or limiting the spread of such fire; (e) exercise the same powers for dispersing an assembly of persons likely to obstruct the fire-fighting operations as if he were an officer-in-charge of a police station and as if such an assembly were an unlawful assembly and shall be entitled to the same immunities and protection as such officer, in respect of the exercise of such powers; 8 [Act No.15 of 1999] (f) generally take such measures as may appear necessary for extinguishing the fire or for the protection of life or property. (2) Any damage done to any premises or property, on the occasion of fire by members of the service in the due discharge of their duties shall be deemed to be damage by fire within the meaning of any policy of insurance against fire. Power of the 11. It shall be lawful for the officer-in-charge of the fire officer-in-charge fighting operations to draw water from any source in the of fire fighting to area which he considers necessary for such operations and make on such occasions as may be required and the authority or arrangements for supply of water. owner or occupier having control over such water source shall supply water for that purpose at such rates as may be prescribed. Powers of Director 12. The Director General may enter into arrangements with General to enter any person who employs and maintains personnel or into arrangements equipment or both for fire-fighting purposes, to secure, on for assistance. such terms as may be prescribed, the provision by that person of assistance for the purpose of dealing with fires occurring in any area in which this Act is in force. Issue of a no 13. 6[(1) Any person proposing to construct a building of objection more than 15 meters height for commercial/business certificate. purpose, 18 meters and above height for residential purpose, and buildings of public congregation like schools, cinema halls, function halls, religious places, which are more than 500 Sq. Meters in plot area or 6 meters and above in height shall apply to the Director General or any member of the service duly authorized by him in this behalf, before submission of such building plans to the authority or 6. Substituted by Act No.32 of 2000 and subsequently substituted by Act No.21 of 2006. [Act No.15 of 1999] 9 officer competent to approve the same under the relevant law, for the time being in force, for a no objection certificate along with such fee as may be prescribed.] 7[(2) The Director General or any member of the service duly authorised by him in this behalf, shall within sixty days of receipt of such application or on inspection being satisfied about the provision of Fire Prevention and Safety measures as stipulated in the National Building Code of India, as amended from time to time, and for ensuring heights and setbacks as per the Hyderabad Municipal Corporation Act, 1955, Telangana Urban Areas (Development) Act, 1975, Hyderabad Metropolitan Development Authority (HMDA) Act, 2008, Telangana Municipal Corporations Act, 1994, Telangana Municipalities Act, 1965, 8Telangana Town Planning Act, 1920 and Rules, made thereunder as amended from time to time shall issue a no objection certificate with such conditions as may be considered necessary and if not so satisfied, reject the same for reasons to be recorded in writing.] (3) The authority or officer competent to approve the building plans before construction under, the relevant law for the time being, in force, shall not accord such approval except on production of a no objection certificate issued, under sub-section (2) wherever required. (4) Any person violating the conditions of a no objection certificate shall be liable to be proceeded against under the provisions of this Act. 7. Substituted by G.O.Ms.No.75, Home (Legal) Department, dated 17.11.2015. 8. Adapted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. 10 [Act No.15 of 1999] CHAPTER – III PREVENTIVE MEASURES Preventive 14. (1) The Government or any officer authorised by the measures. Government in this behalf may, by notification, require the owners or occupiers of the premises used for purposes which in their opinion, are likely to cause a risk of fire, to take such precautions as may be specified in such notification. (2) Where a notification has been issued under sub- section (1), it shall be lawful for the Director General or any other officer of the service authorised by the Government in this behalf to direct in writing the removal of objects or goods likely to cause a risk of fire, to a place of safety; and on failure of the owner or occupier to do so, the Director- General or such other officer may, after giving the owner or occupier a reasonable opportunity of making a representation, seize, detain or remove such objects or goods or order the closure of the premises. Purposes for 15. Notwithstanding anything contained in any other law which places may for the time being in force, the Government may by not be used notification declare that no place within any area, as may be without licence. specified shall be used for any one or more of the purposes which in their opinion constitute a fire risk except in accordance with the terms and conditions of a licence to be issued by an officer of the service duly authorised in this behalf by the Government (hereinafter referred to as the authorised officer) subject to the payment of such fee as may be prescribed. Application for 16. The owner or occupier of any place using it for any one grant of Licence. or more of the purposes mentioned in the notification issued under section 15, shall, within thirty days from the date of the notification make an application together with the prescribed fee, to the authorised Officer having jurisdiction [Act No.15 of 1999] 11 over the area, in which such place is situated for a licence for the use of such place for such purpose. 17. (1) The authorised officer, after due verification, shall Grant of licence. within a period of sixty days from the date of application under section 16, grant the license with such conditions as he may think fit and necessary, or for reasons to be recorded in writing, reject the application for license. If no order is passed under this sub-section within the time limit specified, the license applied for shall be deemed to have been granted, subject to the application for license being in conformity with the provisions of this Act. (2) Against every order of the authorised officer refusing to grant a licence, an appeal shall lie to the Director General within thirty days from the date of receipt of the order. 18. Every licence granted under section 17 shall be valid Duration of for a period of three years, or for such lesser period as may licence. be specified in the licence and may be renewed from time to time for a similar or lesser period as may be specified in the renewed licence and may be cancelled for reasons to be recorded in writing. 19. (1) The owner or occupier or both, of a building or part Owner’s or occupier’s liability thereof shall provide fire safety measures in it and maintain to provide for fire them in good repair and efficient condition at all times, in prevention and accordance with the building bye-laws: fire safety measures. Provided that, the owner, or occupier of the building or part thereof, the construction of which was completed on or before the date on which this Act comes into force or which was under construction on such date shall undertake and carry out such additional fire prevention and fire safety measures, required under the building bye-laws in force, as are specified in the notice served on him under section 21. 12 [Act No.15 of 1999] (2) No person shall tamper with, alter, remove or cause any injury or damage to any fire prevention and fire safety equipment installed in any building or part thereof or instigate any other person to do so. Right of 20. The authorised officer or any other member of the inspection. service empowered by him in this behalf, may enter any place, which, in his opinion, for reasons to be recorded, constitutes a fire risk, and after service or affixture of a notice in this behalf in the manner prescribed, make an inspection of such place between sun-rise and sun-set in the discharge of his duties under this Act: Provided that such inspection may be made at any time if an industry is working or an entertainment is going on at such place or if the officer or member of the service considers it absolutely necessary, for reasons to be recorded in writing, to make an immediate inspection of such place. Notice regarding 21. The authorised officer or any other member of the fire prevention service empowered by him in this behalf may, after and fire safety completion of the inspection of the building or premises or measures. part thereof, record his views on the deviations from or the contraventions of, the building bye-laws with regard to the fire prevention and fire safety measures or the inadequacy or non-compliance of such measures provided or to be provided therein with reference to the height of the building or premises or the nature of activities carried on in such building or premises or part thereof, and issue a notice to the owner or occupier of such building or premises or part thereof directing him to undertake such measures within such time as may be specified in the notice. Steps to be taken 22. The authorised officer or any other member of service in the event of empowered by him in this behalf may, in the event of non- non-compliance compliance of any notice issued under section 21, take of notice. [Act No.15 of 1999] 13 such steps as may be necessary for the compliance of such notice. CHAPTER –IV EXPENDITURE OF MAINTENANCE OF SERVICE 23. (1) The expenditure in connection with the service shall Expenditure on be met out of the Consolidated Fund of the State. service. (2) Notwithstanding anything in any other law for the time being in force the Government may recover from any person or industry in any area such contribution towards the cost of the portion of the service maintained in that area as the Government may from time to time, direct. 24. Where members of the service are sent beyond the Fees. limits of the State of Telangana in order to extinguish a fire in the neighborhood of such limits, the owner or occupier of the premises where the fire has occurred or spread shall be liable to pay such fee as may be prescribed in this behalf. 25. (1) With effect from such date as the State Government Imposition and may by notification in the official gazette appoint in this collection of fee. behalf, there shall be levied a fee for the purposes of this Act on all owners of high-rise buildings within the jurisdiction of the Director General or the nominated authority to which this Act applies. (2) The rate of such fee shall be not less than five rupees but not more than ten rupees per square metre of the built-up area of every high-rise building as shown in the approved building plan of such building, as the Director General may impose and the manner of imposition, assessment and collection thereof shall be such as may be prescribed. 14 [Act No.15 of 1999] (3) The fee as herein before provided shall be payable by the owner of every high-rise building along with the applications submitted to the Director General for approval of the building plans under the building bye-laws: Provided that, in case of every high-rise building the construction of which has been completed or commenced within a period of five years before the coming into force of this Act, such fee shall be payable within one month from the receipt of notice of demand, in respect thereof by the owner and if the owner is not the occupier, by the occupier for the time being of the premises in respect of which such fee is due: Provided further that, where the owner or occupier fails to pay such fee within the period as aforesaid, the same shall be recoverable as if it were arrear of land revenue. CHAPTER - V PENALTIES Penalty for 26. Any member of the service who,- violation of duty etc. (a) is found guilty of any violation of duty or wilful breach of any provision of this Act or any rule or order made thereunder; or (b) is found guilty of cowardice; or (c) withdraws from the duties of his office without permission; or (d) being absent on leave, fails, without reasonable cause, to report himself for duty on the expiration of such leave; or [Act No.15 of 1999] 15 (e) accepts any other employment or office in contravention of the provision of section 37; or (f) intentionally or knowingly causes or attempts to cause disaffection towards the Government amongst the members of the service, or induces or attempts to induce any member of the service to withhold his services or commit a breach of discipline; shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to three months pay of such member, or with both. 27. Whoever fails, without reasonable cause, to comply Penalty for failure with any of the requirements specified in a notification to take precautions. issued under sub-section (1) of section 14 or of a direction issued under sub-section (2) of that section shall be punishable with fine which may extend to five hundred rupees. 28. Any person who wilfully and without any reasonable Penalty for willfully cause obstructs or interferes with any member of the service obstructing fire who is engaged in fire-fighting operations shall be fighting operations. punishable with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both. 29. Any person who knowingly gives or causes to be given Penalty for false a false report of the outbreak of a fire to any person report. authorised to receive such report by means of a statement, message or otherwise, shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both. 30. (1) whoever being bound to take out a licence under Penalty for failure the provisions of this Act fails to obtain a licence or fails to to take out licence. comply with any of the conditions specified in the licence 16 [Act No.15 of 1999] shall be served a show-cause notice requiring him to obtain a licence or comply with any of the conditions specified in the licence, as the case may be, within such period as may be prescribed. (2) If he does not comply with the show-cause notice, shall be punished with imprisonment for a term which may extend to three months or with fine which may extend to five thousand rupees or with both. Penalties. 31. Whoever wilfully contravenes any provisions of this Act or the rules made thereunder or fails to comply with any requisition lawfully made upon him under any provisions of this Act shall, without prejudice to any other action taken against him under section 22 be punishable with imprisonment for a term which may extend to three months or with fine which may extend to twenty five thousand rupees or with both; and where the offence is a continuing one, with a further fine which may extend to three thousand rupees for every day during which such offence continues after the conviction for the first such offence: Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such punishment shall not be less than one month and such fine shall not be less than five thousand rupees or such daily fine shall not be less than one hundred rupees per day for a continuing offence. Offences by 32. (1) Where an offence under this Act has been Companies. committed by a Company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company of 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: [Act No.15 of 1999] 17 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 also 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 any 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. 33. (1) The Director General or any person authorised in Compounding or this behalf by him by general or special order may either withdrawal of proceedings. before or after the institution of the proceedings, and for reasons to be recorded in writing, compound any offence made punishable by or under this Act or the rules made thereunder or withdraw from the proceedings. (2) When an offence has been compounded, the offender, if in custody, shall be discharged, and no further proceedings shall be taken against him in respect of the offence compounded. 18 [Act No.15 of 1999] CHAPTER - VI GENERAL AND MISCELLANEOUS Training Centres. 34. The Government may establish and maintain one or more training centres in the State for providing courses of instruction in the prevention and extinguishment of fire and may close down or re-establish any such centre. Levy of training 35. The Government may prescribe such fee and such fee. procedure as it may deem fit for providing a course of instruction in the prevention and extinguishment of fire. Levy of fire tax. 36. (1) There may be levied a fire tax on lands and buildings which are situated in any area in which this Act is in force and on which property tax by whatever name called is levied by any local authority in the area. (2) the fire tax shall be levied by notification in the Official Gazette at such rate as may be specified but not exceeding five per cent of the total amount of the property tax in the form of a surcharge. Bar of other 37. (1) No member of the service shall engage himself in employment. any employment or office other than his duties under this Act unless expressly permitted to do so by the Director General. (2) Every member of the service shall be considered to be always on duty and is bound at any time to attend at any place and to any duty relevant to the service within or outside the state. Transfer to other 38. The Director General or any officer authorised by the areas. Government in this behalf may on occasions of fire or other emergency in any neighbouring area in which this Act is not in force, order the despatch of the members of the service with necessary appliances and equipment to carry out fire- [Act No.15 of 1999] 19 fighting operations in such area and thereupon, all the provisions of this Act and the rules made thereunder shall apply to such area, during the period of fire or during such period as the Director General may specify. 39. It shall be lawful for the Government or any officer Employment on authorised by them in this behalf to employ the service in other duties. any rescue, salvage or other work for which it is suitable by reason of its training, appliances and equipment. 40. Any officer of the service not below the rank of an Power to obtain officer-in-charge of a fire station may, for the purpose of information. discharging his duties under the Act, require the owner or occupier of any building or other property to supply information in his possession, with respect to the character of such building or other property, the available water supplies and the means of access thereto and other material particulars. 41. No charge shall be made by any local authority for Consumption of water consumed in the fire-fighting operations or exercises water. by the service or for installation and maintenance of hydrants, static water tanks or any other arrangement of water supply for fire-fighting purposes within the jurisdiction of the said authority. 42. No authority in-charge of water supply in an area shall No compensation for interruption of be liable to any claim for compensation for damage by water supply. reason of any interruption to supply of water occasioned only by compliance of such authority with the requirements specified in section 10. 43. It shall be the duty of Police Officers of all ranks to aid Police Officers to aid. the members of the service in the execution of their duties under this Act. 20 [Act No.15 of 1999] Cognizance of 44. Save in the case of cognizable offences, no court shall Offences. take cognizance of an offence under this Act or the rules made thereunder except on the complaint of, or upon information received from the Director General or any other officer nominated by him in this behalf. Protection of 45. No suit, prosecution or other legal proceedings shall lie action taken in against any authority, officer or member of the service for good faith. anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder. Restrictions 46. (1) No member of fire service shall, without the express respecting right to sanction of the Government or of the prescribed authority,- form association, freedom of (a) be a member of, or be associated in any way with, speech, etc. any trade union, labour union, political association or with any class of trade unions, labour unions or political associations; or (b) be a member of, or be associated in any way with, any other society, institution, association or organisation that is not recognised as part of the fire service of which he is a member or is not of a purely social, recreational or religious nature; or (c) communicate with the press or publish or, cause to be published any letter or other document except where such communication or publication is in the bonafide discharge of his duties or is of a purely literary, or artistic character or is of a prescribed nature. Explanation:- If any question arises as to whether any society, institution, association or organisation is of a purely social, recreational or religious nature under clause (b) of this sub-section, the decision of the Government thereon shall be final. [Act No.15 of 1999] 21 (2) No member of fire service shall participate in, or address, any meeting or take part in any demonstration organised by any body of persons for any political purposes or for such other purposes as may be prescribed. (3) Any person who contravenes the provisions of sub- section (1) or sub-section (2) shall without prejudice to any other action that may be taken against him, be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to two hundred rupees or with both. 47. (1) The Government may, by notification, make rules Power to make for carrying out all or any of the purposes of this Act. rules. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for,- (a) the number and grades of officers of the service; (b) the manner of appointment of members of the service; (c) the form of the certificate to be issued to the members of the service; (d) the conditions of service of the members of the service; (e) the circumstances in which and the conditions (including the levy of fee) subject to which the members of the service may be despatched to carry on fire-fighting operations in the neighbouring areas; (f) the conditions subject to which members of the service may be employed in rescue, salvage or other work; 22 [Act No.15 of 1999] (g) the manner of service of notice under this Act; (h) the payment of rewards to persons, not being members of the service, for any substantial assistance rendered by them for fire-fighting purposes; (i) the compensation payable to members of the service in case of accidents or to their dependants in case of death while engaged on duty; (j) employment of members of the service or use of any equipment outside the area or on special service and the fee payable therefor; and (k) any other matter which is required to be or may be prescribed. (3) Every rule made under this Act shall, immediately after it is made, be laid before the Legislature of the State if it is in session, and if it is not in session, in the session immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions and if before the expiration of the session in which it is so laid or the session immediately following, the Legislature agrees in making any modification in the rule or in the annulment of the rule, the rule shall from the date on which the modification or annulment is notified have effect only in such modified form or shall stand annulled, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. * * *