The Gujarat Fire Prevention and Life Safety Measures Act, 2013
Act No. 11 of 2013
Keywords:
Disaster, Erector, Emergency Services, Fire prevention and life safety Measures
Amendment appended: 5 of 2021
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©
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Vol. LXII ] TUESDAY, MARCH 23, 2021 / CHAITRA 2, 1943
Separate paging is given to this Part in order that it may be filed as a Separate Compilation.
PART IV
Acts of Gujarat Legislature and Ordinances promulgated and Regulations
made by the Governor
The following Act of the Gujarat Legislature, having been assented to by the
Governor on the 22nd March, 2021 is hereby published for general information.
K. M. LALA,
Secretary to the Government of Gujarat,
Legislative and Parliamentary Affairs Department.
GUJARAT ACT NO. 5 OF 2021
(First published, after having received the assent of the Governor, in the
"Gujarat Government Gazette", on the 23rd March, 2021).
AN ACT
further to amend the Gujarat Fire Prevention and Life Safety
Measures Act, 2013.
It is hereby enacted in the Seventy-second Year of the Republic
of India as follows:-
1. (1) This Act may be called the Gujarat Fire Prevention and Life
Short title
Safety Measures (Amendment) Act, 2021. and
commencement.
(2) It shall be deemed have come into force on the 22nd January,
2021.
IV Ex.-8 8-1
8-2 GUJARAT GOVERNMENT GAZETTE, EX. 23-03-2021 [ PART IV
Amendment 2. In the Gujarat Fire Prevention and Life Safety Measures Act, Guj. 11
of section 2 of of 2013.
2013 (hereinafter referred to as “the principal Act”), in section 2, in
Guj. 11 of
2013. sub-section (1), -
(i) for clause (g), the following clause shall be substituted, namely:-
“(g) “emergency services” means services required to be
rendered in case of disaster or any eventuality where the life is
at risk;”;
(ii) for clause (k), the following clause shall be substituted, namely:-
“(k) “fire prevention and life safety measures” means such
measures as are necessary in accordance with the GDCR or as
required by or under the provisions of any law or the National
Building Code of India, for the time being in force, with regard
to fire prevention, life safety and fire protection for
containment, control and extinguishing of fire and for ensuring
the safety of life and property in case of fire;”;
(iii) for clause (m), the following clause shall be substituted, namely:-
“(m) “Fire Safety Officer” means a person or an association of
persons appointed under section 12 of this Act as the Fire
Safety Officer by the owners and occupiers of certain premises
and buildings as prescribed in this behalf for renewal of fire
safety certificate and such other related activities required to be
carried out under this Act;”;
(iv) for clause (o), the following clause shall be substituted, namely:-
“(o) “GDCR” means the Comprehensive General Development
Control Regulations, 2017 made under the provisions of the President’s
Act No. 27
Gujarat Town Planning and Urban Development Act, 1976;”.
of 1976.
Substitution 3. In the principal Act, for section 12, the following section shall
of section 12
of Guj. 11 of be substituted, namely:-
2013.
Appointment “12. (1) To ensure the effective operation of fire prevention
of Fire
Safety and life safety measures in good repair and efficient condition
Officer.
PART IV ] GUJARAT GOVERNMENT GAZETTE, EX. 23-03-2021 8-3
in such buildings or premises as may be prescribed, the owner
and occupier or occupiers individually or jointly, as the case
may be, atleast two months prior to expiry of fire safety
certificate issued under section 21, shall appoint a Fire Safety
Officer, for renewal of such fire safety certificate, having such
qualification and experience and duties to be performed as may
be prescribed;
(2) The owner and occupier or occupiers, individually or
jointly, as the case may be, shall appoint Fire Safety Officer
from the list of fire safety officers enrolled by the Director.
(3) In case of a vacancy of the Fire Safety Officer
appointed under sub-section (1), either on resignation or
otherwise, the owner and occupier or occupiers individually or
jointly, as the case may be, shall be required to immediately
appoint the fire safety officer.
(4) In case of non-appointment of the Fire Safety Officer,
as envisaged under sub-section (1), the Regional Fire Officer
or the Chief Fire Officer, as the case may be, may take such
steps as he deems necessary.”.
4. In the principal Act, in section 13, for sub-section (1), the Amendment
of section 13
following sub-section shall be substituted, namely:-
of Guj. 11 of
“(1) Where, the Director or the Regional Fire Officer or the 2013.
Chief Fire Officer or any other Fire Officer of any authority,
who is in-charge of a fire fighting operation requires fire-
fighting equipment or property of any other authority or any
institution or individual, he may by order requisite such
equipment or property for the purpose of extinguishing fire in
any area and take possession thereof from the authority or any
institution or individual, as the case may be.”.
5. In the principal Act, for section 16, the following section shall Substitution
of section 16
be substituted, namely:- of Guj. 11 of
2013.
8-4 GUJARAT GOVERNMENT GAZETTE, EX. 23-03-2021 [ PART IV
Power to “16. Notwithstanding anything contained in section 14, the
enter into
agreement. Regional Fire Officer or the Chief Fire Officer of any authority
or any other officer authorised in this behalf, may enter into
agreement with any person who employs and maintains
personnel or equipment or both for fire-fighting purposes, to
secure, on such terms and conditions as may be prescribed, for
the purpose of dealing with fires occurring in any area.
Amendment 6. In the principal Act, for the existing heading of Chapter IV, the
of heading of
Chapter IV of following heading shall be substituted, namely:-
Guj. 11 of
2013.
“TRAINING TO FIRE PERSONNEL AND FIRE SAFETY
OFFICERS”.
Insertion of
new section
7. In the principal Act, after section 17, the following section shall
17A in Guj. 11 be inserted, namely:-
of 2013.
Fire Safety “17A. (1) The Fire Safety Officers shall have to undergo such
officers to
undergo training as may be prescribed.
training.
(2) The State Government may prescribe such fees and
such procedure as it may deem fit for providing the training
mentioned in sub-section (1).”.
Amendment 8. In the principal Act, in section 19,-
of section 19
in Guj. 11 of (i) in sub-section (1), for clause (a), the following clause shall be
2013.
substituted, namely:-
“(a) no authority empowered to issue the Building
Use Certificate, shall issue the same, unless it is
satisfied that the owner or the occupier, either
individually or jointly, has complied with the
provisions of section 18 and has obtained a fire safety
certificate;”;
PART IV ] GUJARAT GOVERNMENT GAZETTE, EX. 23-03-2021 8-5
(ii) for sub-section (3), the following sub-section shall be substituted,
namely:-
“(3) The owners or occupiers, as the case may be, who are
liable individually or jointly, for the building or part thereof,
shall furnish to the Regional Fire Officer or the Chief Fire
Officer or the nominated officer, a certificate regarding the
compliance of the fire prevention and life safety measures as
required under the provisions of section 18 issued by a
Licensed Agency.”.
9. In the principal Act, in section 21,- Amendment
of section 21
(i) after sub-section (4), the following sub-section shall be added, of Guj. 11
of 2013.
namely:-
“(5) The Fire Safety Officer, with regard to the requirement of
section 18, shall check the maintenance and operational
condition of fire prevention and life safety measures as
specified in the regulations and on satisfaction that these are in
good repair and efficient operational condition, may issue the
fire safety certificate renewal.”;
(ii) in the marginal note, for the words “Suspension, termination and
punishment”, the words “Issuance and cancellation of fire safety
certificate” shall be substituted.
10. In the principal Act, in section 39,- Amendment
of section 39
(i) in sub-section (1), after clause (c), the following clause shall be of Guj. 11
of 2013.
inserted, namely:-
“(ca) under sub-section (5) of section 21 giving a fire safety
certificate renewal without there being actual compliance or
maintenance of fire prevention and life safety measures and
equipment;”;
8-6 GUJARAT GOVERNMENT GAZETTE, EX. 23-03-2021 [ PART IV
(ii) to clause (h), the following proviso shall be inserted, namely:-
“Provided that enrolment of fire safety officer may also be kept
in abeyance, suspended or revoked by the Director, in case of
dereliction of any duty by the Fire Safety Officer.”.
Substitution 11. In the principal Act, for section 42, the following section shall
of section 42
of Guj. 11 of be substituted, namely:-
2013.
Failure to give “42. Any person who without adequate justification fails to
information.
communicate information in his possession regarding an
outbreak of fire shall be deemed to have committed an offence
45 of 1860.
punishable under section 176 of the Indian Penal Code, 1860.
Substitution 12. In the principal Act, for section 46, the following section shall
of section 46
of Guj. 11 of be substituted, namely:-
2013.
Officers and “46. (1) Every officer or employee shall, when acting or
employees to be
public servant purporting to act in pursuance of the provisions of this Act or
of any rule or regulation made thereunder, shall be deemed to 45 of 1860.
be a public servant within the meaning of section 21 of the
Indian Penal Code, 1860.
(2) The Fire Safety Officer shall not be considered as public
servant under this Act.”.
Amendment 13. In the principal Act, in section 57, in sub-section (2),-
of section 57
of Guj. 11 of
(i) for clause (h), the following clause shall be substituted, namely:-
2013.
“(h) prescribing the norms, qualification, experience and duties
of the each category of Fire Safety Officer under sub-section
(1) of section 12;”;
(ii) after clause (n), the following clause shall be inserted, namely:-
“(na) prescribing the fee and the procedure for providing
training under section 17A;”.
PART IV ] GUJARAT GOVERNMENT GAZETTE, EX. 23-03-2021 8-7
Guj. Ord. 3 14. (1) The Gujarat Fire Prevention and Life Safety Measures Repeal and
of 2021. saving.
(Amendment) Ordinance, 2021 is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action
taken under the principal Act as amended by the said Ordinance, shall
be deemed to have been done or taken under the principal Act as
amended by this Act.
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