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State of Bihar - Section

Section 2 in Bihar Fire Service Act, 2014

2. Definitions.

- In this Act, unless the context otherwise requires,
(a)"appellate authority" means the Director General of Fire Services, Government of Bihar, appointed by the Governor of the State of Bihar.
(b)"building" means any structure whether of masonry bricks, woods, mud, metal or other materials and includes a house, out-house, basement, underground parking, stable, latrine, urinal, shed, hut or wall (other than a boundary wall);
(c)"building bye laws" means the bye-laws made under the Bihar Municipal Act,2007.
(d)"Director" means the Director, Bihar Fire Service appointed by the Government under sub-section (1) of Section 8 of this Act;
(e)"erector of pandal" means a person or an association of persons, whether corporate or otherwise, who erects or makes a pandal or any structure for occupation of people on a regular or temporary basis.;
(f)"fire division" means such number of fire sub-divisions as may be prescribed; in the State of Bihar and declared generally or specially by the Government to be a fire division for the purpose of this Act;
(g)"fire prevention and fire safety measures" means such measures as are necessary in accordance with the building bye-laws / National Building Code of India for the containment, control and extinguishing of fire and for ensuring the safety of life and property in case of fire and as may be prescribe in the rules made in this behalf;
(h)Divisional Fire Officer appointed by the Government of Bihar under section 9 of this Act.
(i)Assistant Divisional Fire Officer appointed by the Director General Fire Service under section 9 of this Act.
(j)"fire safety officer" means the person appointed under section 29 of this Act as fire safety officer by the owners and occupiers of certain premises and buildings as specified in this behalf to ensure fire prevention and fire safety measures installed in such premises and buildings;
(k)"fire officer" means operational member of the Fire Service .
(l)"Fire Service" means the Bihar Fire Service constituted under section 5 of this Act;
(m)"fire station" means a building erected to house the fire fighting equipment, appliances and staff declared generally or specially by the Government to be a fire station for the purpose of this Act.
(n)"fire sub-division" means a fire sub-division comprising such number of fire stations as may be prescribed and declared generally or specially by the Government to be a fire sub-division for the purpose of this Act.
(o)"Government" means the Government of Bihar.
(p)"Governor" means the Governor of Bihar appointed by the President under article 155 of the Constitution.
(q)"member" in relation to the Fire Service means a person appointed to the Fire Service under this Act;
(r)"multistoried building" means a building with such minimum height as may be prescribed under the rules in this behalf and notified to the Director by the local authority.
(s)"nominated authority" means an officer not below the rank of a Station Officer nominated by the Director as a nominated authority for the purpose of this Act.
(t)"occupancy" means the principal occupancy for which a building or a part of a building is used or intended to be used including subsidiary occupancies which are contingent upon it;
(u)"occupier" includes -
(i)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.
(ii)an owner in occupation of or otherwise using his land or building;
(iii)a rent - free tenant of any land or building ;
(iv)a licensee in occupation of any land or building; and
(v)any person who is liable to pay to the owner damages for the use and occupation of any land or building;
(v)"officer-in-charge" means a fire officer in charge of a Fire Station;
(w)"operational member of the Fire Service" means any member of the Fire Service who is required to drive to operate a fire fighting vehicle, fire fighting equipment and appliance at the site of fire and participate in the actual extinction of fire.
(x)"owner" includes a person who, for the time being, is entitled to receive, the rent of any land or building, whether on his own account or own account of himself and others or as an agent, trustee, guardian or receiver or any other person or who should show receipt of the rent or be entitled to receive it if the land or building or part thereof where let to a tenant and includes the custodian of evacuee property in respect of evacuee property in him under the Bihar Building (Lease, rent & eviction) Control Act 1982 and Rules 1983, as amended and other relevant Act & Rules.
(y)"pandal" means a temporary structure with roof or walls made of straw, hay, ulu grass, golpatta, hogla, derma, mat, canvas, cloth or other like material which is not adopted for permanent or continuous occupancy;
(z)"premises" means any land or any building or part of a building and includes the garden ground and out house, if any, appurtaning to building or part of a building, and any land or any building or part of a building appurtenant thereto which is used for storing explosives explosive substance and dangerously inflammable substance;
Explanation. - In this clause, "explosive", "explosive substance" and dangerously inflammable substance" shall have the meaning , respectively assigned to them in the Explosive Act, 1884 (4 of 1884), the Explosive (Substances) Act, 1908 (6 of 1908) and the Inflammable Substances Act, 1952 (20 of 1952).
(aa)"prescribed" means prescribed by Rules made under this Act.
(ab)"prescribed authority" means authority prescribed by the Rules made under this Act.
(ac)"Sub-Divisional Magistrate" means an officer of the Government appointment as Sub-Divisional Magistrate under sub- section (4) of section 20 of the Code of Criminal Procedure 1973 (2 of 1974).
(ad)"Subordinate Operational Staff" includes every member of the Fire Service of the rank of fireman, leading fireman, driver and any other equivalent rank;
(ae)"Fire Station Officer" means an officer of the Fire Service appointed as fire station officer by the Government/Director General of Fire Services
(af)Fire Consultant & Fire Adviser means having minimum technical qualification Bachelor of Fire Engineering. or M.I. Fire Engineering. or equivalent with minimum 10 yrs. experience.
Chapter - II Organisation, Superintendence Control And Maintenance Of The Fire Service