Section 2 in The West Bengal Fire Services Act, 1950
2. Definitions.
- In this Act, unless there is anything repugnant in the subject or context, -(a)[ "Additional Director-General" means the Additional Director General of Fire Services immediately below the rank of Director-General, appointed as such by the State Government by notification; [[Clause (a) first substituted by W.B. Act 21 of 1960. Thereafter, clauses (a) and (aa) substituted for former clause (a) by W.B. Act 7 of 1996. Then, clause (a) and clause (aa) renumbered respectively as clause (aa) and clause (aaa) and present clause (a) inserted by W.B. Act 4 of 2000. Former clause (a) ran thus :-'(a) 'Calcutta' and 'Chandernagore' have the same meaning respectively as in the Calcutta Municipal Act, 1951 and the Chandernagore Municipal Act, 1955;'.]](aa)the expression "building" has the same meaning as assigned to it in the relevant municipal law in force in a local area;(aaa)the expression "building rules" means the building rules, building regulations, or building bye-laws, made under the relevant municipal law and in force in a local area, and includes any other building rules or regulations, or any development control rules or regulations, by whatever name called, made under any other law for the time being in force and in force in any local area;](b)"the Collector" means, in relation to Calcutta, the Collector of Stamp Revenue and in relation to any other [area] [Word substituted for the words 'local area' by W.B. Act 21 of 1960.] the Collector of the district within which the [area] [Word substituted for the words 'local area' by W.B. Act 21 of 1960.] is comprised;(c)"the Commissioner" in relation to the Collector means the Divisional Commissioner to whom the Collector is subordinate :[* * * * * * * *] [[Clause (d) omitted by W.B. Act 7 of 1996. The same was as under :-'(d) 'cotton' means loose raw cotton;'.]](e)[ "Director" means the Director of Fire Services immediately below the rank of Additional Director-General, appointed as such by the State Government by notification;] [[Clause (e) substituted by W.B. Act 4 of 2000, which was earlier as under :-'(e) 'Director' means the Director of Fire Service appointed by the State Government;'.]](ee)[ "Director-General" means the Director-General of Fire Services, appointed as such by the State Government by notification by deputation of an officer of the Indian Police Service holding immediately before such deputation a post of Additional Director-General of Police, or equivalent post, in the Indian Police Service.] [Clause (ee) first inserted by W.B. Act 7 of 1996. Thereafter, clause (ee) renumbered as clause (eee) and the present clause (ee) inserted by W.B. Act 4 of 2000.]Explanation. - "Indian Police Service" shall mean the Indian Police Service referred to in section 2 of the All-India Services Act, 1951;(eee)[ "District Magistrate" means the Executive Magistrate appointed to be the District Magistrate under sub-section (1) of section 20 of the Code of Criminal Procedure, 1973, and includes an Additional District Magistrate;] [Clause (ee) first inserted by W.B. Act 7 of 1996. Thereafter, clause (ee) renumbered as clause (eee) and the present clause (ee) inserted by W.B. Act 4 of 2000.](f)"the fire brigade" means the fire brigade maintained by the State Government under section 3 [* * * * *] [Words, figure and letter 'and includes an Auxiliary Fire Brigade raised under Section 3A' first inserted by W.B. Act 21 of 1960, them omitted by W.B. Act 7 of 1996.](g)"fire-fighting appliances" mean fire-engines, fire-escapes, accoutrements, equipments, tools, implements and things whatsoever used for fire-fighting and include motor cars, motor cycles, trailers and other means of transport;(gg)[ the expression "fire prevention and fire safety measures" means such measures as may be provided in the building rules or in any other law for the time being in force, or as may be prescribed, for the prevention, control and fighting of fire and for ensuring the safety of life and property in the case of fire;] [Clause (gg) inserted by W.B. Act 7 of 1996.](h)[ "hazardous substance" means - [[Clause (h) to (hc) substituted for former clause (h) by W.B. Act 7 of 1996. Former clause (h) was as under :-'(h) 'jute' means raw jute, either loose or in drums, and loose jute cuttings and rejections;'.]](i)such explosive within the meaning of the Indian Explosives Act, 1884, or(ii)such explosive substance within the meaning of the Explosive Substances Act, 1908, or(iii)such dangerously inflammable substance within the meaning of the Inflammable Substances Act, 1952, or(iv)such combustible substance, or(v)such toxic substance,as the State Government may, by notification, specify;(ha)"high-rise building" means a building the height of which is fourteen and a half metres or more.Explanation. - For the purposes of this Act, the height in relation to a building shall mean the vertical distance measured from the average level of the centre line of the street or passage to which the plot of land on which the building is situated abuts to the highest point of the building, whether with flat roof or with sloped roof;(hb)"high-risk building" means a high-rise building or a building with such occupancy within the meaning of the relevant municipal law in force in a local area, or such other occupancy, or such building, or such class or classes of buildings, as the State Government may, by notification, specify;(hc)"licensed agency" means a person or association of persons to whom a licence has been granted by the Director in the manner prescribed for undertaking or executing fire prevention and fire safety measure or for performing such other related activities required to be carried out under this Act in such area as may be specified by the Director;](hh)[ "local area" means the area over which a local authority has jurisdiction [or any other area defined by boundaries for the purposes of this Act;] [Clause (hh) inserted by W.B. Act 21 of 1960.];(hhh)[ "local authority" means a municipal authority or Industrial Township Authority within the meaning of the relevant municipal law or a Gram Panchayat, Panchayat Samiti, Zilla Parishad, or Mahakuma Parishad, constituted under the West Bengal Panchayat Act, 1973;] [Clause (hhh) inserted by W.B. Act 7 of 1996.][* * * * * * *] [[Clause (i) omitted by W.B. Act 7 of 1996. The clause was as under :-'(i) 'Magistrate' means a Presidency Magistrate or Magistrate of the First Class;'.]](ia)[ "members of the fire brigade" includes persons employed in the West Bengal Fire Service and also volunteers or other persons enrolled in an auxiliary fire brigade;] [Clause (ia) inserted by W.B. Act 21 of 1960.](ib)[ "nominated authority" means an officer, not below the rank of station officer, as may be nominated by the Director, or such officer as may be nominated by the State Government; [Clauses (ib) to (ie) inserted by W.B. Act 7 of 1996.](ic)"notification" means a notification published in the Official Gazette;(id)"occupier" means a person living in, or otherwise using, any land or building owned by him, or a person who, for the time being, is paying, or is liable to pay, to the owner the rent or fee, or is making, or is liable to make, contractual payment to the owner for adjustment of rent or fee, or damages, or any portion thereof, on account of occupation of any land or building, and includes a rent-free tenant;(ie)"owner" means a person who, for the time being, is receiving the rent of any land or building or any part of any land or building, either on his own account or as an agent of a person, or trustee for a society for any religious or charitable purpose, or as a receiver who would receive such rent if the land or the building or any part thereof were let to a tenant;](j)"person" includes an undivided Hindu family, and a firm or company or association of individuals whether incorporated or not;(k)"prescribed" means prescribed by rules made by the State Government under this Act;(l)[ "premises" means a land or building or hut or part of a land or building or hut, and includes - [[Clauses (l) to (ld) substituted for former clause (l) by W.B. Act 7 of 1996. Former clause (l) was as under :-(l)'warehouse' means any building or place used whether temporarily or permanently for the storing or pressing or keeping of jute, gunny bags, cotton, hemp, resin, shellac, varnish, bitumen, pitch, tar, tallow, celluloid, wood (excluding furniture kept in the building or place for ordinary use), charcoal, coal, straw, hay, ulu grass, golpata, hogla, durma, raw rattan canes, cocoanut fibre, waste paper, packing boxes, inflammable chemicals or articles or any other article which is likely to increase the risk of fire, and which is specified by the State Government by notification in the Official Gazette for the purpose of this clause;'.]](i)the garden, ground or out-house, if any, appertaining thereto; or(ii)any fittings or fixtures affixed to a building or hut or part of a building or hut for the more beneficial enjoyment thereof;(la)"processing" means making, altering, repairing, treating or otherwise dealing with any article by means of steam, electricity or other power;(lb)"the relevant municipal law" means -(i)the Howrah Municipal Corporation Act, 1980, or(ii)the Calcutta Municipal Corporation Act, 1980, or(iii)the Siliguri Municipal Corporation Act, 1990, or(iv)the Asansol Municipal Corporation Act, 1990, or(v)the Chandernagore Municipal Corporation Act, 1990, or(vi)the West Bengal Municipal Act, 1993;(lc)"requisition for fire safety" means the statement showing the requirements of fire prevention and fire safety measures to be provided in a premises;(ld)"superior nominated authority" means such officer, not below the rank of Divisional Fire Officer, as may be nominated by the Director, or such officer as may be nominated by the State Government.][* * * * *] [[Clause (m) with its Explanation omitted by W.B. Act 7 of 1996. That clause, earlier inserted by W.B. Act 27 of 1951, ran thus :-(m)'workshop' means any building or place where the processing of any article is carried on for purposes of trade or business, if such processing of such article is declared by the State Government by notification in the Official Gazette in this behalf to be attended with the risk of fire.Explanation - The expression 'proceeding' means making, altering repairing, treating or otherwise dealing with any article by means of steam, electricity or other mechanical power.'.]]
