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[Cites 0, Cited by 0] [Section 36] [Entire Act]

State of Maharashtra - Subsection

Section 36(1) in Maharashtra Fire Prevention and Life Safety Measures Act, 2006

(1)Whoever contravenes any provision of any of the following sections, namely:-
(a)under section 3,-
(i)sub-section (1), failure of the owner or, as the case may be, the occupier to provide and maintain the fire prevention and life safety equipment in good repair and efficient condition;
(ii)sub-section (4), tampering with, altering, removing or causing any injury or damage to any fire prevention and life safety equipment installed in a building or instigating any other person to do so;
(b)under section 4, sub-section (2), failure to remove objects or goods likely to cause the risk of fire;
(c)under section 5, sub-section (3), obstructing the entry by a person or molesting such person after such entry for inspection;
(d)under section 6, failure to comply with the notice, directing the owner or occupier to undertake measures regarding fire prevention and life safety;
(e)under section 8,-
(i)sub-section (2), failure to comply with the direction issued by the Director or the Chief Fire Officer, as the case may be,
(ii)sub-section (4), removing the seal of the building without written order made by the Director or the Chief Fire Officer;
(f)under section 10, sub-section (1), -
(i)carrying out the work of providing fire prevention and life safety measures, or performing such other related activities by a person other than the Licensed Agency;
(ii)giving a certificate under sub-section (3) of section 3 without there being actual compliance or maintenance of fire prevention and life safety measures and equipment;
(g)under section 14, sub-sections (1) and (2), construction of a building without applying for permission of the Authority or without such permission and thereby avoiding to apply for assessment of fee payable under this Act;
shall, without prejudice to any other action taken or which may be taken under any of the provisions of this Act, be punished with rigorous imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than rupees 20,000 but which may extent to rupees 50,000; and where the offence is continuing one with a further fine which may extend to rupees 3000 for every day during which such offence continues after the conviction for the first such offence:Provided that, in the absence of any special and adequate reasons to the contrary, to be mentioned in the judgement of the court, such punishment shall not be less than three months and such fine shall not be less than ten thousand rupees or such daily fine shall not be less than ten thousand rupees per day for a continuing offence.Explanation.- The expressions used in clauses (a) to (g) are not intended as the definitions of offences described in the sections mentioned in each of these clauses or even as abstracts of those sections but are mentioned merely as references to the subject matter of the offences under those sections.