State Act

The Tripura Fire and Emergency Services Act, 2022

24. Removal of encroachments or objects or goods likely to cause a risk of fire or any obstruction to fire fighting (1) Where a notification or declaration has been issued under Section 22 or Section 23 respectively, it shall be lawful for the Director of Fire and Emergency Services or such officer appointed by State Government as Head of Department of Fire and Emergency Services or the Fire Officer to direct the removal of encroachments or goods likely to cause a risk of fire or any obstruction to firefighting, to a place of safety, and on failure of the owner, occupier or erector, as the case may be, to do so, the Director or Fire Officer may, after giving the owner, occupier or erector, as the case may be, a reasonable opportunity of making representation, report the matter to the Sub-Divisional Magistrate, in whose territorial jurisdiction the premises, building or pandal is situated, requesting to adjudicate the matter: Provided that where the Director of Fire and Emergency Services or such officer appointed by State Government as Head of Department of Fire and Emergency Services or Fire Officer considers such encroachments or objects or goods to be an imminent cause of risk of fire or obstruction to firefighting, he may direct the owner, the occupier or erector of such premises or building to remove the encroachment, objects or goods forthwith and report the matter to the Sub-Divisional Magistrate within 24(twenty-four) hours accordingly. (2) On receipt of a report under sub-section (1), the Sub-Divisional Magistrate shall give, by means of a notice served in such manner as he may think fit, a reasonable opportunity of showing cause against the removal of encroachment or objects or goods likely to cause a risk of fire or obstruction to firefighting. (3) After giving the owner, occupier or erector, as the case may be, a reasonable opportunity of making representation under sub-section (2), the Sub-Divisional Magistrate may make an order to seize, detain or remove such encroachments, objects or goods in such manner as may be prescribed by Rules. (4) The person charged with the execution of the order as made in sub-section (3) shall forthwith make an inventory of the objects and goods which he seizes under such order, and shall, at the same time, give a written notice as may be prescribed in this behalf, to the person in possession thereof at the time of seizure, that the said objects or goods will be sold as therein mentioned if the same are not claimed within the period stipulated in the said notice. (5) On the failure of the person in whose possession the objects or goods were at the time of seizure, to claim the seized goods pursuant to notice given under sub-section (4), the Sub-Divisional Magistrate shall cause to sell them through public auction.