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State of Gujarat - Section

Section 7 in The Gujarat Fire Prevention and Life Safety Measures Act, 2013

7. Powers, duties and functions of Director.

(1)Without prejudice to the provisions of sub-section (3) of section 6, the Director shall, -
(i)function as the Head of Department in the office of the Director;
(ii)subject to the rules made in this behalf, the Director may appoint subordinate staff only on the recommendations of the Gujarat State Subordinate Services Selection Board on such terms and conditions of salaries and allowances as may be fixed by the State Government;
(iii)keep liaison with the Central Government and the State Government offices for the development of fire services;
(iv)frame the policies in relation to the development of fire services in the State and, on approval by the State Government, take steps to implement the same;
(v)exercise superintendence and control over all authorities in the matters relating to fire prevention and fire safety measures; and subject to the approval of the State Government, issue such directions to any authority in respect of fire services maintained or required to be maintained by them;
(vi)represent the State Government on National and International forums with a view to updating the standard of fire services in the State;
(vii)prepare and submit plans and proposals to the State Government with regard to the periodical review of fire equipment, fire property and fire manpower for effective implementation of fire services by the authorities;
(viii)take or cause to be taken such effective steps and measures in cases of major fires, house collapse and other emergency services;
(ix)investigate or cause to be investigated the cause of fire and advise the authorities for implementing fire precautionary measures;
(x)advise the State Government to set up additional Fire Training Centre or Centres for imparting training to the officers and staff of local authorities so as also to cater to the need of the various factories, commercial and mercantile establishments in the private sector and to impart training to officers and the staff or to provide them the trained and qualified fire service personnel;
(xi)requisite fire-fighting equipment of any authority or any institution or individual, which in his opinion is required for the purpose of extinguishing fire in any area ; and to determine the amount of compensation payable in respect of such equipment of in the area of which authority, such fire operation is required to be carried out;
(xii)exercise such other powers and perform such other duties and functions as may be conferred, imposed or allotted to him by or under the provisions of this Act.
(2)The Director, with the approval of the State Government, direct and regulate all matters of firefighting equipment, machinery and appliances, training, observation of persons and events mutual relations, distribution of duties, study of laws, orders and modes of proceedings and all matters of executive detail or the fulfillment of duties and maintenance of discipline of fire officers and members of the Fire Service under him.
(3)The Director shall appoint such number of officers and employees as may be necessary to assist any Fire Officer of the State Fire Services, while exercising his powers or discharging his duties or functions under this Act or the rules made there under.
(4)When the Director is informed, on a complaint made or otherwise that default has been made in the performance of any duty imposed on an authority by or under this Act or by or under any enactment in relation to firefighting measures or operations for the time being in force, the Director, if satisfied after due inquiry, that the alleged default has been made, may, by order, fix a period for the performance of that duty and communicate such order to the authority.
(5)If the duty is not performed within the period so fixed, the Director may appoint such other person to perform it, and may direct that the expenses of performing it, with a reasonable remuneration to the person appointed to perform it, shall be forthwith paid by the person or the authority, as the case may be.
(6)If the expense and remuneration are not so paid, the Director may make an order directing the bank in which any moneys of the person or the authority are deposited or the person in-charge of the local Government Treasury or of any other place of security in which the moneys of the authority are deposited, to pay such expenses and remuneration from such moneys as may be standing to the credit of the authority in such bank or may be in the hands of such person or as may, from time to time, be received from or on behalf of the authority by way of deposit by such bank or person, and such bank or person shall be bound to obey such order. Every payment made pursuant to such order shall be a sufficient discharge to such bank or person from all liability to the authority in respect of any sum or sums so paid by it or him out of the moneys of the authority so deposited with such bank or person.
(7)The Director or any Fire Officer, authorised by general or special order in this behalf, may, for the purpose of discharging his duties under this Act, require the owner or occupier of any building or other property as may be specified to supply information with respect to the character of such building or other property as may be specified, the available water supplies and means of access thereto, any other material particulars, and such owner or occupier shall furnish all the information in his possession.
(8)The Director may, with the previous sanction of the State Government, enter into an agreement with any fire service or the authority which maintains the said fire service, beyond the limits of any area in which this Act is in force for providing personnel of equipment or both, for firefighting purpose on such terms and conditions as may be provided by or under the agreement on reciprocal basis in public interest.
(9)The Director may, with the previous sanction of the State Government, enter into arrangements with any person or organisation who employs and maintains personnel or equipment or both, for firefighting purposes, to secure, on such terms as to payment or otherwise as may be provided by or under the arrangements, the provision by that person or organization for assistance for the purpose of dealing with fire occurring in any area in which this Act is in force.