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State of Haryana - Section

Section 2 in Haryana Fire Service Act, 2009

2. Definitions.

- In this Act, unless the context otherwise requires, -
(a)"appointed day" means the day appointed under sub-section (3) of section 1;
(b)"building" means any structure whether of masonry, bricks, wood, mud, metal or any other material and includes a house, outhouse, basement, underground parking, stable, shed, hut or wall (other than a boundary wall);
(c)"building bye-laws" means the bye-laws made under the Haryana Urban Development Authority Act, 1977 (13 of 1977), the Haryana Municipal Act, 1973 (24 of 1973), the Haryana Development and Regulation of Urban Areas Act, 1975 (8 of 1975), the Haryana Housing Board Act, 1971 (20 of 1971), the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 (41 of 1963), the Haryana Municipal Corporation Act, 1994 (16 of 1994) or the Cantonments Act, 2006 (Central Act 41 of 2006) or building bye- laws made under any other law notified in this behalf by the Government;
(d)"competent authority" means any officer not below the rank of Deputy Director specified by the Government to be the competent authority for the purpose of this Act;
(e)"Director" means the Director of Service;
(f)"erector of pandal" means a person or an association of persons, whether corporate or otherwise, who erects or makes a pandal or any structure of occupation of people on a regular or temporary basis;
(g)"fire fighting property" includes,-
(i)lands and buildings used as fire stations and static water tanks;
(ii)fire engines, equipments, tools, implements and other things used for fire fighting;
(iii)motor vehicle and other means of transport used in connection with fire fighting; and
(iv)uniforms of rank;
(h)"fire prevention and safety measures" mean such measures as are laid down in the National Building Code or as decided by the Government from time to time for the prevention, control and fighting of the fire and for ensuring the safety of life and property in case of fire;
(i)"Fire Safety Officer" means the person appointed under section 11;
(j)"fire station' means any place declared generally or specially, by the Government, to be a fire station and includes a sub-fire station;
(k)"Fire Station Officer" means an officer of the Service appointed under this Act;
(l)"Government" means the Government of the State of Haryana in the Administrative Department;
(m)"high-rise-building" means a building, the height of which is 15 metres or more from the surface level of the land;
(n)"local authority" means the Municipal Corporation, Municipal Council, Municipal Committee, Gram Panchayat or any other authority established, constituted and incorporated in this behalf providing and maintaining fire-services under any law for the time being in force;
(o)"National Building Code" means the code containing fire prevention and safety measures to be implemented in the buildings as laid down by the Bureau of Indian Standards;
(p)"notification" means a notification published in the Haryana Government Gazette and the word "notified" shall be construed accordingly;
(q)"occupier" means-
(i)an owner in occupation of, or otherwise using his land or building;
(ii)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 is payable;
(iii)a rent-free tenant of any land or building;
(iv)a licensee in occupation of any land or building;
(v)any person who is liable to pay to the owner damages for the use and occupation of any land or building; and
(vi)President/Administrator of a group housing society;
(r)"Officer-in-charge" means a fire officer-in-charge of a fire station/sub-fire station and includes, when the officer-in-charge is absent from the station or unable due to illness or other cause, to perform his duties, the fire officer next in rank to such officer and present at the fire station;
(s)"owner" includes -
(i)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 shall receive the rent or be entitled to receive if the land or building or part thereof were let out to tenant;
(ii)the custodian of evacuee property;
(iii)the Director of Estates of the Government of India, the Secretary of the State Development Authority, the Manager/Divisional Manager of the Railways and the head of a Government department, in respect of properties under their respective control;
(t)"pandal" means a temporary structure with roof or walls made of straw, hay, grass, mat, canvas, cloth or any other similar material which is not adopted for permanent or continuous occupancy;
(u)"premises" means any land or building or part of a building and includes the garden, ground and outhouse, if any, appurtenant to such building or part of such building or land which is used for storing explosives, explosive substance and dangerously inflammable substance;
Explanation. - In this clause, "explosive", "explosive substance" and "dangerous inflammable substance" shall have the meanings respectively assigned to them in the Explosives Act, 1884 (4 of 1884), the Explosive Substances Act, 1908 (6 of 1908) and the Inflammable Substance Act, 1952 (20 of 1952);
(v)"Prescribed" means prescribed by the rules made under this Act;
(w)"Service" means the Haryana Fire Service established and maintained under this Act;
(x)"State" means the State of Haryana.