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State of West Bengal - Section

Section 40 in The West Bengal Fire Services Act, 1950

40. Power to make rules.

(1)The State Government may, by notification [* * * * *] [Words 'in the Official Gazette' omitted by W.B. Act 7 of 1996.] make rules 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 :-
(a1a)[ 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; [Clause (a1a) first inserted by W.B. Act 10 of 1977. Thereafter clause (a1a) renumbered as clause (a1aa) and before it, clauses (a1a) and (aa1a) inserted by W. B. Act 4 of 2000.]
(aa1a)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;
(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) of sub-section (4), of section 3AA.]
(1a)[ the determination of the fee referred to in section 4A;] [Clause (1a) inserted by W.B. Act 27 of 1951.]
(1b)[ the form of any license referred to in section 9 and the conditions to be specified in such license for selling fire-works;] [Clause (1b) inserted by W.B. Act 21 of 1960.][* * * * * * *] [[Clause (a) omitted by W.B. Act 7 of 1996. The clause was as under :-'(a) the conditions referred to in section 13 to which a building or place shall conform before a license can be granted;'.]]
(aa)[ the manner of authentication referred to in sub-section (3a) of section 15;] [Clause (aa) inserted by W.B. Act 27 of 1951.]
[* * * * * * *] [[Clause (aaa) first inserted by W.B. Act 27 of 1951, then omitted by W.B. Act 7 of 1996. The clause was as under :-'(aaa) the conditions, other than those expressly mentioned, referred to in section 17;'.]]
(b)[ the annual fee referred to in sub-section (1) of section 18;] [[Clause (b) substituted by W.B. Act 7 of 1996. Previous clause (b) was as under :-
'(b) the rate per cent, of the annual value of a building or place, at which the annual fee for using such building or place as a warehouse or as a workshop is to be calculated under sub-section (2) of section 18;'.]][* * * * * * *] [[Clause (c) omitted by W.B. Act 7 of 1996. The clause was as under :-'(c) the maximum for the annual fee under the first proviso to sub-section (2) of section 18;'.]]
(cc)[ the manner of allowing rebate in annual fee under sub-section (2) of section 18;] [[Clause (cc) first inserted by W.B. Act 13 of 1957, then substituted by W.B. Act 7 of 1996. Previous clause (cc) was as under :-
'(cc) the types of fire-fighting appliances referred to in the second proviso to sub-section (2) of section 18 and the rates at which rebates referred to in that sub-section shall be calculated;'.]][* * * * * * *] [[Clause (d) omitted by W.B. Act 7 of 1996. The clause was as under :-'(d) the times at which payments shall be made and deductions which may be made under sub-section (2) of section 23;'.]]
(e)[ the conditions [and the determination of the fee] [Clause (e) inserted by W.B. Act 27 of 1951.] referred to in sub-section (1) of section 23A and the period of time referred to in the proviso to sub-section (2) of section 23A;]
(f)the minimum standards for fire prevention and fire safety measures; [[Clause (f) first inserted by W.B. Act 11 of 1952, then present clauses (f) to (i) substituted for clause (f) by W.B. Act 7 of 1996. Previous clause (f) was as under :-
'(f) the period within which the Commissioner of the Corporation of Calcutta or the Chairman of the Commissioners of a Municipality or the Chief Executive Officer of the Municipal Corporation of Chandernagore shall furnish information to the Collector referred to in sub-section (2) of section 37B.'.]]
(g)the qualifications, experience or other matter for granting licence to act as licensed agency under section 11F;
(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;
(i)any other matter which may be, or is required to be, provided by rules.]