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State of Sikkim - Section

Section 49 in Sikkim Fire Services Act, 1981

49. Power of entry.

(1)The Director, or any officer-in-charge of a fire station authorised by t the Director in this behalf, may enter into or upon any building or place, with or without assistants, in order to make any inspection, test, examination, survey, measurement, weighment, valuation or enquiry for the purpose of carrying into effect the provisions of this Act or of any rule made thereunder or to obtain information for fire-fighting purposes with respect to the character of the buildings and other property within the local jurisdiction, the available water supplies and the means of access thereto and other relevant local circumstances, which in his opinion, it is necessary to obtain for any of the purposes or in pursuance of any of the provisions of this Act or any such rule :Provided that-
(a)no such entry shall be made after sunset and before sunrise;
(b)no dwelling-house and no public building or hut which is used as a dwelling place, shall be so entered except with the consent of the occupier thereof, without giving the said occupier at least twenty four hours' previous written notice of the intention to make such entry ;
(c)notwithstanding any power to enter any building or place hereby conferred, sufficient notice of such entry shall in every instance he given to enable the inmates of any apartment appropriated to females to withdraw to some part of the premises where their privacy may not be disturbed ;
(d)due regard shall always be had, so far as may be compatible with the exigencies of the purpose for which the entry is made, to the social and religious usages of the occupants of the building or place entered.
(2)The Director:or any officer referred to in sub-section (i) shall not use any force for the purpose of effecting any entry under sub-section (I) unless -
(i)such entry cannot otherwise be effected; and
(ii)there is reason to believe that an offence is being, or has been, committed against any provision of this Act or any rule made thereunder.
(3)Except when it is in this Act or in any rule made thereunder otherwise expressly provided, no claim shall lie against any person for compensation for any damage necessarily caused by any entry made under subsection (I) or by the use of any necessary force under sub-section (2).