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[Cites 0, Cited by 0] [Section 39] [Entire Act]

State of Gujarat - Subsection

Section 39(1) in The Gujarat Fire Prevention and Life Safety Measures Act, 2013

(1)Whoever contravenes any of the following provisions,-
(a)under sub-section (1) of section 18, fails to provide and maintain the fire prevention and life safety equipment in good repair and efficient condition;
(b)under sub-section (1) of section 19, fails to comply with the notice directing to undertake and carry out fire prevention and life safety measures;
(c)under sub-section (4) of section 21, tampers with, alters, removes or causes any injury or damage to any fire prevention and life safety equipment installed in a building or instigating any other person to do so;
(d)under sub-section (2) of section 22, after non-compliance of the direction of removal of objects or goods likely to cause the risk of fire to a place of safety, causes obstruction in authorized seizure, detention, and removal of such objects or goods;
(e)under sub-section (3) of section 24, obstructs the entry by an authorized or empowered person or molests such person after such entry for inspection; under sub-section (4) of section 26, removes the seal of the building without written order made by the Regional Fire Officer or the Chief Fire Officer;
(f)under sub-section (4) of section 27, fails to comply with the directions issued by the Director or the Regional Fire Officer or the Chief Fire Officer;
(g)under sub-section (1) of section 29, carries 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; or
(h)under sub-section (2) of section 29, giving a certificate under sub­section (3) of section 19 without there being actual compliance or maintenance of fire prevention and life safety measures and equipment;
without prejudice to any other action taken or which may be taken under any of the provisions of this Act, be punished with imprisonment for a term which shall not be less than one month which may extend up to two years or fine which shall not be less than rupees 10,000 which may extend to rupees 1,00,000, or both 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.Whoever -
(a)wilingly attempts, in any manner whatsoever, to evade any fee or interest leviable under this Act, or
(b)contravenes any of the provisions of this Act or the rules for which no specific penalty has been provided for by this Act, or
(c)fails to comply with the requirement of any order or any notice or any direction, issued under any of the provisions of this Act or the rules, by the Director or any authority or the Regional Fire Officer or the Chief Fire Officer of such Authority or any other officer authorised by any of them, for which no specific penalty has been provided by this Act, shall, on conviction, be punished, -
(i)in case where the amount, of fees and/or interest exceeds rupees 50,000 during the period of a year, with imprisonment for a term which shall not be less than three months but which may extend to two years or with fine or with both;
(ii)in case where such amount is less than rupees 50,000 during a year, with imprisonment for a term which shall not be less than one month but which may extend to one year or with fine or with both;
(iii)in case of contravention of any provision of this Act or the rules made thereunder or failure to comply with the requirement of any order or notice as aforesaid, with imprisonment for a term which shall not be less than three months but which may extend to two years or with fine or with both.