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State of Andhra Pradesh - Section

Section 29 in The Andhra Pradesh Fire and Emergency Operations and Levy of Fee Rules, 2006

29. Penalties:

(1)Any member of service who violates his legitimate duties shall be punishable with imprisonment for a term which may extend o three months or with fine which may extend three months' pay of such member or with both by initiating prosecution by the appointing authority concerned for the following reasons:
(a)found guilty of any violation of duty or wilful breach of any provision of the Act, or any rules or orders made there under; or
(b)found guilty of cowardice; or
(c)withdraws from the duties of his office without permission; or
(d)being absent on leave, fails without reasonable cause, to report himself for duty on expiration of such leave; or
(e)accepts any other employment or office in contravention of the provisions of Section 37 of the Act; or
(f)intentionally or knowingly causes or attempts to cause disaffection towards the Government amongst the members of the service; or induces or attempts to induce any member of the service to withhold his services or commit a breach of discipline.
(2)Penalty for failure to take precautions:The authorized officer may impose fine not exceeding Rs. 500/-(Rupees Five hundred only) on the occupier or owner of the premises who fails to comply with any of the requirements specified in the notification issued under sub-sections (1) and (2) of Section 14 of the Act.
(3)Penalty for wilfully obstructing operations:The Authorized Officer not below the rank of Assistant Divisional Fire Officer shall initiate prosecution against any person who wilfully and without any reasonable cause obstructs or interferes with any member of the service who is engaged in firefighting operations and shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both.
(4)Penalty for false report:The Authorized Officer not below the rank of Assistant Divisional Fire Officer shall initiate prosecution against any person who knowingly gives or causes to l?e given a false report of the outbreak of a fire to any person authorized to receive such report by means of a statement, message or otherwise and shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both.
(5)Penalty for failure to take out licence:
(a)The Authorized Officer shall serve a notice in Form No. 13 on the occupier or owner of the premises who is being bound to take out a licence under the provisions of the Act, fails to obtain a licence or fails to comply with any of the conditions specified in the licence, requiring him to obtain a licence or comply with any of the conditions specified in the licence as the case may be within 15 days from the date of serving notice.
(b)If the owner or occupier of the premises/building does not comply with the notice, the authorized officer not below the rank of Assistant Divisional Fire Officer shall serve a show-cause notice in Form No. 14 and if the owner or occupier further failed to comply with the show-cause notice within 30 days shall initiate prosecution and shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to five thousand rupees or with both.
(6)Penalty for wilful violation:The Authorized Officer not below the rank of Assistant Divisional Fire Officer shall initiate prosecution against the owner or occupier of the premises/building who wilfully contravenes any provisions of this Act or the rules made thereunder or fails to comply with any requisition lawfully made upon him under any provisions of the Act shall, without prejudice to any other action taken against him under Section 22 of the Act and shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to Rs. 25,000/-(Rupees Twenty five thousand only) or with both; and where the offence is a continuing one, with a further fine which may extend to Rs. 3000/ - (Rupees Three thousand only) for every day during which such offence continues after the conviction for the first such offence.Provided further that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, such punishment shall not be less than Rs. 5000/- (Rupees Five thousand only) or such daily fine shall be less than Rs. 100/- (Rupees One hundred only) per day for a continuing one.
(7)Procedure to deal with offences by companies:The Authorized Officer not below the rank of Assistant Divisional Fire Officer shall initiate prosecution or impose fine against the company (i.e. Any body corporate and includes a firm or other association of individuals) committed offence under this Act or every person who at the time the offence was committed, was in charge of and was responsible to the company of the conduct of the business of the company as well as the company shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. Where it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director or partner of the firm, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.