State Act

The Tripura Fire and Emergency Services Act, 2022

2. Definitions In this Act, unless the context otherwise requires:- (1) “Appellate Authority” means an officer appointed by the State Government for the purpose of this Act; (2) “building” shall have the same meaning assigned to it in sub-section (2) of section 2 of the Tripura Municipal Act, 1994 and includes places or premises comprising land or building, or part of a land or building, whether authorized or otherwise, outhouses, if any, pertaining to such building or part thereof and petrol, diesel or gas lines, installations or pumps; (3) “building bye-laws” means the building bye-laws, Rules and Regulations made under the Tripura Municipal Act, 1994 or any other law for the time being in force; (4) “bye law” means fire safety regulations, norms or guidelines made under the National Building Code of India, or any other law for the time being in force and also includes any relevant guidelines notified by the State Government; (5) “Bureau of Indian Standard (BIS)” means national standard body of India established under the Bureau of Indian Standards Act, 2016; (6) “Director” means the Director of the Fire & Emergency Services appointed by the State Government under Section 6 of this Act; (7) “disasters” means disasters as defined in the Disaster Management Act, 2005; (8) “erector” means a person or association of persons, whether corporate or otherwise, who erects or makes a pandal or any structure for occupation of people on a regular or temporary basis; (9) “emergency services” means any services rendered in the event of a serious situation or occurrence, including disasters, that happens unexpectedly and demands immediate action of Fire and Emergency Services of the State Government and also include services required to be rendered in case of manmade or natural disaster or any eventuality where human life is at risk; (10) “employee” means a person appointed to the Fire and Emergency Services under this Act; (11) “fire fees” means any fee levied, charged, imposed or collected for services rendered by the Fire and Emergency Services under the provisions of this Act; (12) “Fire Officer” means operational members of Fire and Emergency Services; (13) “fire station” means a building erected to house the firefighting and rescue equipment, appliances and staff declared by the State Government to be a fire station under the provision of section 8 of this Act; (14) “fire tax” means tax levied under section 45 of this Act; (15) “fire prevention and life safety measures” means such measures as are necessary in accordance with the National Building Code of India for the containment, control, and extinguishing of fire and for ensuring the safety of life and property in case of fire and as may be prescribed in the Rules made in this behalf; (16) “Fire Safety Officer” means the person appointed under Section 27 of this Act by the owner or occupier of certain premises and buildings as specified in this behalf to ensure fire prevention and fire safety measures installed in such premises and buildings; (17) “Fire & Emergency Services” means Tripura Fire and Emergency Services; (18) “fund” means fund constituted under Section 49 of this Act; (19) “Head of Department” means the Director of Fire & Emergency Services or any other officer so appointed by the State Government under Section 6 of this Act. (20) ‘Housing Society” means all registered residential and non-residential or mixed housing societies, association of owners or co-owners of flat occupancy, building premises and associations of owners as mandated under the Tripura Real Estate Rules, 2017; (21) “local authority” means a Municipal Corporation, Municipal Council, Nagar Panchayat, District Panchayat, Gram Panchayat, Village Committee etc., as the case may be, constituted under relevant laws for the time being in force; (22) “National Building Code” means the book or books containing fire prevention and life safety measures to be implemented in the buildings, places, premises, workshops, warehouses and industries, published from time to time by the Bureau of Indian Standards; (23) “operational member or staff” means any uniformed employee of the Fire & Emergency Services of Tripura who is appointed to operate or drive a fire fighting or rescue equipment, appliance and vehicle at the site of fire or rescue and to participate in the actual extinction of fire or in rescue operation or in disaster management and any other purpose of this Act; (24) “occupancy” means the principal occupancy for which a building or a part of the building is used or intended to be used including subsidiary occupancies which are contingent upon it; (25) “occupier” means- (a) any person who, for the time being, is paying or is liable to pay, to the owner the rent or any portion of the rent of the land or building in respect of which such rent is paid or is payable; (b) an owner in occupation of, or otherwise using his land or building; (c) a rent-free tenant of any land or building; (d) a licensee in occupation of any land or building; and (e) any person who is liable to pay to the owner damages for the use and occupation of any land or building; (26) “owner” includes a person who, for the time being, is entitled to receive the rent of any land or building, whether on his own account or on account of himself and others or as an agent, trustee, guardian or receiver or any other person, or who should so receive the rent or be entitled to receive it if the land or building or part thereof were let to a tenant; (27) “pandal” means a temporary structure with a roof or walls made of straw, hay, ulu grass, golpatta, hogla, darma, mat, canvas, cloth or other like material which is not adopted for permanent or continuous occupancy; (28) “State Government” means the Government of Tripura; (29) “Standing Fire Advisory Council (SFAC)” means the advisory body constituted by the Union Ministry of Home Affairs to examine the technical problems relating to fire service and to make recommendation to the Government of India in the matter including the standardization of fire-fighting equipment through the Indian Standard Institutions;