The Delhi Fire Prevention and Fire Safety Act, 1986

(1) This Act may be called the Delhi Fire Preventionand Fire Safety Act, 1986. (2) It extends to the whole of the Union Territory of Delhi. (3) It shall come into force on such date1as the Central Government may, by notification in theOfficial Gazette, appoint.

In this Act, unless the context otherwise requires,-- (a) "Administrator" means the Administrator of Delhi appointed by the President under article239 of the Constitution; (b) "Appellate Tribunal" means the Appellate Tribunal constituted under section 347A of theDelhi Municipal Corporation Act, 1957 (66 of 1957); (c) "building" means a house, outhouse, stable, latrine, urinal, shed, hut, wall (other than aboundary wall) or any other structure, whether of masonry, bricks, wood, mud, metal or othermaterial; (d) "building bye-laws", means the bye-laws made under section 282 of the CantonmentsAct, 1924 (2 of 1924) or the bye-laws made under section 481 of the Delhi Municipal CorporationAct, 1957 (66 of 1957) or the bye-laws made under section 188, sub-section (3) of section 189 andsub-section (1) of section 190 of the Punjab Municipal Act, 1911 (Punjab Act III of 1911), as in forcein New Delhi or the regulations made under sub-section (1) of section 57 of the Delhi DevelopmentAct, 1957 (61 of 1957), relating, to buildings; (e) "Chief Fire Officer" means the Chief Fire Officer appointed by the Municipal Corporation ofDelhi established under the Delhi Municipal Corporation Act, 1957 (66 of 1957); (f) "Delhi" mean the Union Territory of Delhi; (g) "fire prevention and fire safety measures" means such measures as are necessary inaccordance with the building bye-laws for the prevention, control and fighting of fire and for ensuringthe safety of life and property in case of fire; (h) "local authority" means the Delhi Cantonment Board established under the Cantonments Act,1924 (2 of 1924), the Delhi Development Authority established under the Delhi Development Act,1957 (61 of 1957), the Delhi Municipal Corporation established under the Delhi MunicipalCorporation Act, 1957 (66 of 1957), the New Delhi Municipal Committee established under thePunjab Municipal Act, 1911 (Punjab Act III of 1911), as in force in New Delhi or any other authorityunder any other law, which may be notified in this behalf by the Administrator with the priorapproval of the Central Government; (i) "nominated authority" means an Officer not below the rank of a Station Officer nominated bythe Chief Fire Officer, and includes an officer nominated by a local authority or a railwayadministration as a nominated authority for the purposes of this Act; (j) "occupier" includes-- (i) any person who for the time being is paying or the liable to pay to the owner the rent orany 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 landor building; (k) "owner" includes a person who for the time being is receiving or is entitled to receive, the rentof any land or building whether on his own account or on account of himself and others or as anagent, trustee, guardian or receiver or any other person or who should so receive the rent or beentitled to receive it if the land or building or part thereof were let to a tenant and also includes-- (i) the custodian of evacuee property in respect of evacuee property vested in him under theAdministration of Evacuee Property Act, 1950 (31 of 1950); (ii) the Director of Estates of the Government of India, the Secretary of the DelhiDevelopment Authority, constituted under the Delhi Development Act, 1957 (61 of 1957), thegeneral manager of a railway and the head of a Government department, in respect of propertiesunder their respective control; (l) "premises" means any land or any building or part of a building appurtenant thereto which isused for storing explosives, explosive substances and dangerously inflammable substances. Explanation.--In this clause, "explosive", "explosive substances" and "dangerously inflammablesubstances" shall have the meanings, respectively, assigned to them in the Explosives Act, 1884(4 of 1884), the Explosive Substances Act, 1908 (5 of 1908), and the Inflammable Substances Act,1952 (20 of 1952).

(1) The nominated authority may, after giving threehours' notice to the occupier, or, if there be no occupier, to the owner of any building having suchheight as may be specified by rules framed under this Act, or premises, enter and inspect the saidbuilding or premises at any time between sunrise and sunset where such inspection appears necessaryfor ascertaining the adequacy or contravention of fire prevention and fire safety measures: Provided that the nominated authority may enter into and inspect any building or premises at anytime if it appears to it to be expedient and necessary to do so in order to ensure safety of life andproperty. (2) The nominated authority shall be provided with all possible assistance by the owner oroccupier, as the case may be, of the building or premises for carrying out the inspection undersub-section (1). (3) When any building or premises used as a human dwelling is entered under sub-section (1),due regard shall be paid to the social and religious sentiments of the occupiers; and, before anyapartment in the actual occupancy of any women, who, according to the custom does not appear inpublic, is entered under sub-section (1), notice shall be given to her that she is at liberty to withdraw,and every reasonable facility shall be afforded to her for withdrawing.

(1) The nominated authority shall, after thecompletion of the inspection of the building or premises under section 3, record its views on thedeviations from, or the contraventions of, the building bye-laws with regard to the fire prevention andfire safety measures and the inadequacy of such measures provided therein with reference to theheight of the building or the nature of activities carried on in such building or premises and issue anotice to the owner or occupier of such building or premises directing him to undertake suchmeasures as may be specified in the notice. (2) The nominated authority shall also give a report of any inspection made by it under section 3to the Chief Fire Officer.

(1) Where, on receipt of a report from the nominatedauthority under sub-section (2) of section 4, it appears to the Chief Fire Officer that the condition ofany building or premises is dangerous to life or property, he shall, without prejudice to any actiontaken under section 7, by order, require the persons in possession or occupation of such building orpremises to remove themselves from such building or premises forthwith. (2) If an order made by the Chief Fire Officer under sub-section (1) is not complied with, theChief Fire Officer may direct any police officer having jurisdiction in the area to remove such personsfrom the building or premises and such officer shall comply with such directions. (3) After the removal of the persons under sub-section (1) or sub-section (2), as case may be, theChief Fire Officer shall seal the building or premises. (4) No person shall remove such seal except under an order made by the Chief Fire Officer.