Section 27 in The Gujarat Fire Prevention and Life Safety Measures Act, 2013
27. Provisions for temporary structures.
(1)The State Government may by notification in the Official Gazette, declare any class of temporary occupancy such as a mandap, shamiyana or tents or such other temporary structures for hosting any event, which, in its opinion, is likely to cause a risk of fire.(2)The measures for fire prevention and life safety to be taken by the promoter, organiser, owner or occupier of such premises where such temporary structures are likely to take place or the erectors of temporary structures or shamiyana or tents or mandap, as the case may be, shall be such as may be prescribed.(3)The Regional Fire Officer or the Chief Fire Officer or the Nominated Officer may grant permission for the use of the temporary structures or shamiyana or tents or mandap, as the case may be, ensuring an undertaking in the prescribed form is given by the promoter, organiser, owner or occupier.(4)The Director or the Regional Fire Officer or the Chief Fire Officer or the Nominated Officer may enter and inspect any temporary structure about the correctness of the declaration and may point out the inadequacy, if any, with a direction to comply within a specified time.(5)If the directions of the inspecting officer are not complied with within the time so given, the inspecting officer may seal the temporary structure or shamiyana or tents or mandap or dismantle such structure and the costs incurred therefore shall be recovered from such defaulter.(6)The Regional Fire Officer or the Chief Fire Officer or any officer authorised by him in this behalf shall direct the removal of encroachments or objects or goods likely to cause a risk of fire or any obstruction to firefighting, to a place of safety, and on failure of the owner, occupier or erector, as the case may be, to do so, he may, after giving the owner or occupier or erector, as the case may be, a reasonable opportunity of making representation, report the matter to the Sub-Divisional Magistrate, in whose jurisdiction the premises or temporary structure or shamiyana or tents or mandap is situated, requesting to adjudicate the matter:Provided that where the Regional Fire Officer or the Chief Fire Officer considers such encroachments or objects or goods to be an imminent cause of risk of fire or obstruction to firefighting, he may direct the owner or the occupier or erector of such premises or building to remove the encroachments or objects or goods forthwith and report the matter to the Sub-Divisional Magistrate accordingly.(7)On receipt of a report under sub-section (6), the Sub-Divisional Magistrate may make an order to seize, detain or remove such encroachment; or objects or goods likely to cause a risk of fire or obstruction to firefighting.(8)The person charged with the execution of the order made under subsection (7), shall forthwith make an inventory of the objects and goods which he seizes under such order, and shall, at the same time, give a written notice as may be prescribed in this behalf, to the person in possession thereof at the time of seizure, that the said objects or goods shall be sold as mentioned in the order as if the same are not claimed within the stipulated time specified in the notice.(9)On the failure of the person in whose possession the objects or goods were at the time of seizure to claim the seized goods pursuant to notice given under sub-section (8), the Sub-Divisional Magistrate shall sell them by public auction.(10)Any person aggrieved by a notice or order of the Sub-Divisional Magistrate under sub-section (8) may, within thirty days from the date of such order, prefer an appeal to the Director:Provided that the Director may entertain an appeal after the expiry of the said period of thirty days if he is satisfied that there was sufficient cause for not filing the appeal within prescribed period.(11)An appeal to the Director shall be made in such form and shall be accompanied with a copy of the notice or the order appealed against and with such fees as may be prescribed and the order passed by him shall be final.
