KARNATAKA FIRE FORCE ACT, 1964
12th November, 1964
STATEMENT OF OBJECTS AND REASONS [KARNATAKA ACT No. 42 OF 1964] Karnataka Gazette, Extraordinary, dated 14-2-1963 Fire Stations in the State are at present under the management of the Police and the local bodies and their duties and responsibilities are not governed by any law. The growth of industry and the increasingly complicated modern civil life have necessitated the expansion and reorganisation of the Fire Services in the State on one uniform standard and the laying down of one comprehensive Fire Code. Hence this Bill. The Bill provides for. (1) the immediate transfer of the assets and liabilities and the staff of the Fire Services under the management of the local bodies to the State Government from the date of this law coming into effect; (2) an obligation on the concerned authorities in charge of water supply in the area to regulate the water mains so as to provide water and to utilise the water from any available source of water public or private; (3) requiring owners or occupiers of premises in any area or any class of premises where risk of fire is expected to take proper precautions; (4) recovery from any local authority of any area such contribution towards the cost of the portion of the Force maintained in that area, as the Government may fix; (5) levy of cess on lands and buildings as Fire Tax as a surcharge on property tax at a rate not exceeding 10 per cent of the property tax. An Act to provide for the maintenance of a Fire Force for the State of Karnataka.
Whereas, it is expedient to provide for the maintenance of a Fire Force for the State of Karnataka; Be it enacted by the Karnataka State Legislature in the fifteenth year of the Republic of India as follows:-
CHAPTER 1 Preliminary
Section1 Short title, extent and commencement
(1) This Act may be called the Karnataka Fire Force Act, 1964.
(2) It extends to the whole of the State of Karnataka.
(3) It shall come into force in any area on such date as the State Government may, by notification in the official Gazette, appoint, and different dates may be appointed for different areas.
Section2 Definitions
In this Act, unless the context otherwise requires.
(a) "Director" means the Director of the Fire Force appointed under Section 4;
(b) "Fire-fighting Property" includes.
(i) lands and buildings used as fire-stations;
(ii) fire engines, equipments, tools, implements and things whatsoever used for fire-fighting;
(iii) motor vehicles and other means of transport used in connection with fire-fighting; and
(iv) uniforms and badges of rank;
(c) "Fire-station" means any post or place declared, generally or specially, by the State Government to be a fire-station;
(d) "Force" means the Karnataka Fire Force maintained under this Act;
(e) "Officer-in-charge of a Fire-station" includes, when the officer-in-charge of the fire-station is absent from the station or unable from illness or other cause to perform his duties, the fire officer present at the station who is next in rank to such officer;
(f) "Prescribed" means prescribed by rules made under this Act.
CHAPTER 2 Maintenance of the Fire Force
Section3 Maintenance of Fire Force
There shall be maintained by the State Government a Fire Force to be called the Karnataka Fire Force for services in the local areas in which this Act is in force.
Section4 Appointment of Director of Fire Force
The State Government shall appoint a person to be the Director of Fire Force.
Section5 Superintendence and control of the Force
(1) Subject to the control of the State Government, the superintendence and control of the Force shall vest in the Director and shall be carried on by him in accordance with the provisions of this Act and of any rules made thereunder.
(2) The State Government may appoint such officers as it may deem fit to assist the Director in the discharge of his duties.
Section6 Appointment of members of the Force
The Director or such other officer of the Force as the State Government may authorise in this behalf shall appoint members of the Force in accordance with the rules made under this Act.
Section7 Issue of certificate to members of Force
(1) Every person shall, on appointment to the Force, receive a certificate in the prescribed form under the seal of the Director or an officer authorised in this behalf by the State Government; and thereupon such person shall have the powers, functions and privileges of a member of the Force under this Act.
(2) The certificate referred to in sub-section (1) shall cease to have effect when the person named therein ceases for any reason to be a member of the Force; and on his ceasing to be such member, he shall forthwith surrender the certificate to any officer empowered to receive the same.
(3) During any term of suspension, the powers, functions and privileges vested in any member of the Force shall be in abeyance; but such member shall continue to be subject to the same discipline and penalties as he would have been if he had not been suspended.
Section8 Auxiliary Fire Force
(1) Whenever it appears to the State Government that it is necessary to augment the Force, it may raise an auxiliary force by enrolment of volunteers for such area and on such terms and conditions as it may deem fit.
(2) Every member of the auxiliary force enrolled under sub-section (1) shall.
(a) receive a certificate in a form approved by the State Government;
(b) be vested with all or such of the powers, privileges and duties of a member of the Force as are specially mentioned in the certificate; and
(c) be subject to the orders of the Director.
CHAPTER 3 Powers of the State Government, the Director and Members of the Force
Section9 Power of State Government to make regulations
The State Government may, by notification in the official Gazette, make such regulations as it thinks fit.
(a) for providing the Force with such appliances and equipments as it deems proper;
(b) for providing adequate supply of water and for securing that it shall be available for use;
(c) for constructing or providing stations or hiring places for accommodating the members of the Force and its fire-fighting appliances;
(d) for giving rewards to persons who have given notice of fires and to those who have rendered effective service to the Force on the occurrence of fires;
(e) for the training, discipline and good conduct of the members of the Force;
(f) for the speedy attendance of members of the Force with necessary appliances and equipment on the occasion of any alarm of fire;
(g) for sending members of the Force with appliances and equipment beyond the limits of any area in which this Act is in force for purposes of fire fighting in the neighbourhood of such limits;
(h) for the employment of the members of the Force in any rescue, salvage or other similar work;
(i) for regulating and controlling the powers, duties and functions of the Director; and
(j) generally for the maintenance of the Force in a due state of efficiency.
Section10 Powers of members of the Force on occurrence of fire
On the occurrence of fire in any area in which this Act is in force, any member of the Force who is in charge of fire-fighting operations on the spot may.
(a) remove, or order any other member of the Force to remove any person who by his presence interferes with or impedes the operation for extinguishing the fire or for saving life or property;
(b) close any street or passage in or near which a fire is burning;
(c) for the purpose of extinguishing fire, break into or break through or pull down, any premises for the passage of hose or appliances or cause them to be broken into or broken through or pulled down, doing as little damage as possible;
(d) require the authority in charge of water supply in the area to regulate the water mains so as to provide water at a specified pressure at the place where fire has broken out and utilise the water of any stream, cistern, well or tank or of any available source of water, public or private, for the purpose of extinguishing or limiting the spread of such fire;
(e) exercise the same powers for dispersing an assembly of persons likely to obstruct the fire-fighting operations as if he were an officer-in-charge of a police station and as if such an assembly were an unlawful assembly and shall be entitled to the same immunities and protection as such an officer, in respect of the exercise of such powers;
(f) generally take such measures as may appear to him to be necessary for extinguishing the fire or for the protection of life or property.
Section11 Power of Director to make arrangements for supply of water
The Director may, with the previous sanction of the State Government, enter into an agreement with the authority in charge of water supply in any area for securing an adequate supply of water in case of fire, on such terms as to payment or otherwise as may be specified in the agreement.
Section12 Power of Director to enter into arrangements for assistance
The Director may, with the previous sanction of the State Government, enter into arrangements with any person who employs and maintains personnel or equipment or both for fire-fighting purposes, to secure, on such terms as to payment or otherwise as may be provided by or under the arrangements, the provision by that person of assistance for the purpose of dealing with fires occurring in any area in which this Act is in force.
Section13 Preventive measures
(1) The State Government may by notification in the official Gazette, require owners or occupiers of premises in any area or any class premises used for purposes which in its opinion are likely to cause a risk of fire, to take such precautions as may be specified in such notification.
(2) Where a notification has been issued under sub-section (1), it shall be lawful for the Director or any officer of the Force authorised by the State Government in this behalf to direct the removal of objects or goods likely to cause a risk of fire, to a place of safety; and on failure of the owner or occupier to do so, the Director or such officer may, after giving the owner or occupier a reasonable opportunity of making representation, seize, detain or remove such objects or goods.
CHAPTER 4 Expenditure on Maintenance of Force
Section14 Expenditure on the Force
(1) The entire expenditure in connection with the Force shall be met out of the Consolidated Fund of the State.
(2) Notwithstanding anything contained in any law for the time being in force, the local authority of any area in which this Act is in force shall pay to the State Government such contribution towards the cost of the portion of the Force maintained in that area as the State Government may direct from time to time.
Section15 Levy of fire tax
(1) The State Government may levy a cess called fire tax on lands and buildings which are situated in any area in which this Act is in force and on which property tax by whatever name called is levied by any local authority in that area.
(2) The fire tax shall be levied in the form of a surcharge on the property tax at such rate not exceeding ten per cent of such property tax as the State Government may, by notification, in the official Gazette, determine.
Section16 Mode of assessment, collection, etc., of fire tax
(1) The authorities for the time being empowered to assess, collect and enforce payment of property tax under the law authorising the local authority of the area to levy such tax shall, on behalf of the State Government and subject to any rules made under this Act, assess, collect and enforce payment of the fire tax in the same manner as the property tax is assessed, paid and collected; and for this purpose, they may exercise all or any of the powers they have under the law aforesaid and the provisions of such law including provisions relating to returns, appeals, reviews, revisions, references and penalties shall apply accordingly.
(2) Such portion of the total proceeds of the fire tax as the State Government may determine shall be deducted to meet the cost of collection of the tax.
(3) The proceeds of the fire tax collected under this Act reduced by the cost of collection shall be paid to the State Government in such manner and at such intervals as may be prescribed.
Section17 Fees
(1) Where members of the Force are sent beyond the limits of any area in which this Act is in force, in order to extinguish a fire in the neighbourhood of such limits, the owner or occupier of the premises where the fire occurred or spread shall be liable to pay such fee as may be prescribed in this behalf:
Provided that in case where members of the Force are so sent in order to extinguish a fire occurring in or spreading to a hay stack, a fodder stack or a thatched hut, the owner or occupier of the premises where such fire occurred or spread shall not be liable to pay such fee.
(2) The fee referred to in sub-section (1) shall be payable within thirty days of the service of a notice of demand by the Director on the owner or occupier and if it is not paid within that period, it shall be recoverable as an arrear of land revenue.
CHAPTER 5 Transfer of Assets and Liabilities of Fire Service of Local Authority
Section18 Transfer of assets and liabilities of Fire Service of Local Authority
(1) On the date on which this Act comes into force in an area within the jurisdiction of a local authority (hereinafter in this Chapter referred to as the appointed day), all the assets and liabilities appertaining to the Fire Service maintained by such local authority shall stand transferred to and vest in the State Government. (2) The assets appertaining to the Fire Service shall be deemed to include all rights and powers, and all property whether movable or immovable appertaining to the Fire Service including in particular all fire fighting property and all interests and rights in or arising out of such property as may be in possession of the local authority and all books of account or documents relating to the Fire Service of the local authority; and liabilities shall be deemed to include all debts, liabilities and obligations of whatever kind then existing and appertaining to the Fire Service of the local authority.
Section19 Provident, superannuation and other like funds
(1) Where a local authority referred to in sub-section (1) of Section 18, has established a provident fund or superannuation fund or any other like fund for the benefit of the employees of such local authority, the money standing to the credit of any such fund on the appointed day together with any other assets belonging to such fund, shall in so far as they relate to employees of the local authority who become employees of the State Government under Section 21. stand transferred to and vest in the State Government on the appointed day.
(2) The apportionment under sub-section (1) shall be made by the State Government, and its decision in this behalf shall be final and binding on the local authority.
Section20 General effect of transfer of assets and liabilities of Fire Service of a local authority
(1) All contracts, agreements and other instruments of whatever nature subsisting or having effect immediately before the appointed day and to which a local authority referred to in sub-section (1) of Section 18 is a party or which are in favour of such local authority shall in so far as they relate to the Fire Service of the local authority be of as full force and effect against or in favour of the State Government, as the case may be, and may be enforced or acted upon as fully and effectually as if, instead of the local authority, the State Government had been a party thereto or as if they had been entered into or issued in favour of the State Government.
(2) If on the appointed day any suit, appeal or other legal proceeding of whatever nature is pending by or against a local authority referred to in sub-section (1) of Section 18, then, in so far as it relates to the Fire Service of such local authority, it shall not abate, be discontinued or be in any way prejudicially affected by reason of the transfer of the assets and liabilities of the local authority in so far as they relate to such Fire Service, but the suit, appeal or other proceeding may be continued, prosecuted or enforced by or against the State Government.
Section21 Transfer of service of employees of local authority
(1) Every whole-time employee of a local authority referred to in sub-section (1) of Section 18 and who was employed by such local authority wholly or mainly in connection with the Fire Service of such local authority immediately before the appointed day, shall, on and from the appointed day, become an employee of the State Government, and shall hold his office under the State Government on the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension and gratuity and other matters as he would have held the same under the local authority if its assets and liabilities relating to the Fire Service had not been transferred to the State Government, and shall continue to do so unless and until his remuneration, terms and conditions are duly altered by the State Government.
(2) If any question arises whether any person was a wholetime employee of a local authority or as to whether any employee was employed wholly or mainly in connection with the Fire Service of a local authority immediately before the appointed day, the question shall be decided by the State Government and its decision shall be final.
Section22 Duty to deliver possession of property and documents relating thereto
(1) Where any property has been transferred to and vested in the State Government under Section 18, every person in whose possession or custody or under whose control the property may be, shall deliver the property to the State Government forthwith, and until it is so delivered, such person shall from the appointed day, be deemed to be in possession, custody or control of the property on behalf of the State Government.
(2) Any person who, on the appointed day, has in his possession or custody or under his control any books, documents or other papers which have been transferred to and vested in the State Government under Section 18 shall be liable to account for the said books, documents and the papers to the State Government and shall deliver them to the State Government or to such person as the State Government may direct.
(3) Without prejudice to the other provisions contained in this section, it shall be lawful for the State Government to take all necessary steps for securing possession of all properties which have been transferred to and vested in the State Government under this Chapter.
CHAPTER 6 Penalties
Section23 Penalty for violation of duty, etc
Any member of me Force who.
(a) is found to be guilty of any violation of duty or wilful breach of any provision of mis Act or any rule or order made thereunder,or
(b) is found to be guilty of cowardice; or
(c) withdraws from the duties of his office without permission or without having given previous notice of atleast two months; or
(d) being absent on leave fails without reasonable cause to report himself for duty on the expiration of such leave; or
(e) accepts any other employment or office in contravention of the provisions of Section 28; shall be punishable with imprisonment which may extend to three months or with fine which may extend to an amount not exceeding three months' pay of such members or with both.
Section23A Penalty for causing disaffection etc
11. Section 23-A inserted by Act No. 40 of 1994, w.e.f. 10-10-1994. [Whoever intentionally causes or attempts to cause or does any act, which he knows is likely to cause, disaffection towards the Government established by law in India, among the members of the Force, or induces or attempts to induce or does any act which he knows is likely to induce, any member of the Force to withhold his services or to commit a breach of discipline shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to two hundred rupees, or with both. Explanation. Expression of disapprobation of the measures of the Government with a view to obtain their alteration by lawful means, or of the disapprobation of the administrative or other action of the Government, do not constitute an offence under this section unless they cause or are made for the purpose of causing or likely to cause disaffection.]
Section24 Failure to give information
Any person who without just cause fails to communicate information in his possession regarding an outbreak of fire as required by Section 37, shall be punishable with simple imprisonment which may extend to one month or with fine which may extend to five hundred rupees or with both.
Section25 Failure to take precautions
Whoever fails without reasonable cause to comply with any of the requirements specified in a notification issued under sub-section (1) of Section 13 or of a direction issued under sub-section (2) of that section shall be punishable with fine which may extend to five hundred rupees.
Section26 Wilfully obstructing fire-fighting operations
Any person who wilfully obstructs or interferes with any member of the Force who is engaged in fire-fighting operations shall be punishable with imprisonment which may extend to three months or with fine which may extend to five hundred rupees or with both.
Section27 False report
Any person who knowingly gives or causes to be given a false report of the outbreak of a fire to any person authorised to receive such report by means of a statement, message or otherwise shall be punishable with imprisonment which may extend to three months or with fine which may extend to five hundred rupees or with both.
CHAPTER 7 General and Miscellaneous
Section28 Bar to other employment
No member of the Force shall engage in any employment or office whatsoever other than his duties under this Act.
Section29 Transfer to other area
The Director or any officer authorised by the State Government in this behalf may, on the occasion of a fire or other emergency in any neighbouring area in which this Act is not in force, order the despatch of the members of the Force with necessary appliances and equipments to carry on fire-fighting operations in such neighbouring area and thereupon notwithstanding the provisions of sub-section (3) of Section 1, all the provisions of this Act and the rules made thereunder shall apply to such area, during the period of fire or emergency or during such period as the Director may specify.
Section30 Employment on other duties
It shall be lawful for the State Government or any officer authorised by it in this behalf to employ the Force in any rescue, salvage or other work for which it is suitable by reason of its training, appliances and equipment.
Section31 Liability of property owner to pay compensation
(1) Any person whose property catches fire on account of any action of his own or of his agent done deliberately or negligently shall be liable to pay compensation to any other person suffering damage to his property on account of any action taken under Section 10 of this Act by any officer mentioned therein or any person acting under the authority of such officer.
(2) All claims under sub-section (1) shall be referred to the Deputy Commissioner within thirty days from the date when the damage was caused.
(3) The Deputy Commissioner shall, after giving the parties an opportunity of being heard, determine the amount of compensation due and pass an order stating such amount and the person liable for the same, and the order so passed shall have the force of a decree of a Civil Court.
Section32 Power to obtain information
Any officer of the Force not below the rank of officer in charge of a fire-station may for the purpose of discharging his duties under this Act require the owner or occupier of any building or other property, to furnish information with respect to the character of such building or other property, the available water supplies and the means of access thereto and other material particulars, and such owner or occupier shall furnish all the information in his possession.
Section33 Power of entry
(1) The Director or any member of the Force authorised by him in this behalf may enter any of the places specified in any notification issued under Section 13 for the purpose of determining whether precautions against fire required to be taken on such place have been so taken.
(2) Save as otherwise expressly provided in this Act, no claim shall lie against any person for compensation for any damage necessarily caused by any entry under sub-section (1).
Section34 Consumption of water
No charge shall be made by any local authority or other person for water consumed in fire-fighting operations by the Force.
Section35 No compensation for interruption of water supply
No authority in charge of water supply in an area shall be liable to any claim for compensation for damage by reason of any interruption of supply of water occasioned only by compliance of such authority with the requirement specified in clause (d) of Section 10.
Section36 Police Officers to aid
It shall be the duty of police officers of all ranks to aid the members of the Force in the execution of their duties under this Act.
Section37 Information on outbreak of fire
Any person who possesses any information regarding an outbreak of fire shall communicate the same without delay to the nearest fire station.
Section38 Indemnity
No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder.
Section39 Powers to make rules
(1) The State Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for.
(a) the number and grades of officers and members of the Force;
(b) the manner of appointment of members of the Force;
(c) the form of the certificate to be issued to the members of the Force;
(d) the conditions of service of the members of the Force including their ranks, pay and allowances, hours of duty and leave, maintenance of discipline and removal from service;
(e) the circumstances in which and the conditions subject to which members of the Force may be despatched to carry on fire-fighting operations in neighbouring areas;
(f) the conditions subject to which members of the Force may be employed on rescue, salvage or other work;
(g) the manner in which and the intervals at which the proceeds of the fire tax levied under this Act shall be paid to the State Government;
(h) the manner of service of notice under this Act;
(i) for the determination of the question whether any property appertains to the Fire Service maintained by a local authority or whether any rights, powers, liabilities or obligations were acquired or incurred or any contract or agreement or other instrument was made by the local authority for the purposes of the Fire Service or whether any documents relate to those purposes;
(j) the payment of rewards to persons, not being members of the Force, who render services for fire-fighting purposes;
(k) the compensation payable to members of the Force in case of accidents or to their dependents in case of death while engaged on duty;
(1) the employment of members of the Force or use of any equipment outside the area or on special services and the fee payable therefor; and
(m) any other matter which is to be or may be prescribed.
(3) Every rule made under this Act shall be laid, as soon as may b e after it is made, before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
Section40 Repeal and Saving
(1) If immediately before the day on which this Act comes into force in an area, there is in force in that area any law, rule, regulation or bye-law having the force of law which corresponds to any provision of this Act, such law, rule, regulation or bye-law, shall so far as it relates to any matter for which provision has been made in this Act shall on that day stand repealed.
(2) Notwithstanding the repeal of any law, rule, regulation or bye-law by sub-section (1), the general responsibility of any local authority under the law governing such authority, shall not be deemed to be limited, or modified, in so far as such law requires the local authority.
(a) to provide and maintain such water supply and fire hydrants for fire-fighting purposes as may be directed by the State Government from time to time;
(b) to frame bye-laws for the regulation of dangerous trades;
(c) to order any of its employees to render aid in fighting a fire when reasonably called upon to do so by any member of the Force; and
(d) generally to take such measures as will lessen the likelihood of fires or preventing the spread of fires.
RULE
KARNATAKA FIRE FORCE RULES, 1971
In exercise of the powers conferred by Section 39 of the Karnataka Fire Force Act, 1964 (Karnataka Act 42 of 1964), the Government of Karnataka hereby makes the following rules, namely:-
Rule1 Title and commencement
(1) These rules may be called the Karnataka Fire Force Rules, 1971.
(2) They shall come into force on the date of their publication in the Official Gazette.
Rule2 Definitions
In these rules, unless the context otherwise requires:-
(a) "Act" means the Karnataka Fire Force Act, 1964;
(b) "Government" means the Government of Karnataka;
(c) "Section" means a section of the Act.
Rule3 Certificate of appointment
For the purpose of sub-section (1) of Section 7, the certificate shall be in the Form appended to these rules.
Rule4 Conditions of service of the member of the Force
(1) All postings and transfers of the members of the force shall be made by the Director or by such Officers as the Government may by general or special order direct.
(2) Members of the force of and below the rank of Assistant Sub-Officers shall work in the two alternating shifts of twelve hours each.
(3) Members of the force shall perform the duties even when they are off duty provided they are ordered to do so by the Director or an officer duly authorised by him.
(4) Members of the force shall be provided with accoutrements, clothing and other necessaries of articles free of cost for the execution of their work in accordance with the scale approved by the Government. The provisions of this rule are in addition to the provisions of the Karnataka Fire Force (Cadre and Recruitment) Rules, 1971.
Rule5 Provisions regarding fire fighting operations in neighbouring areas
(1) Whenever a fire call is received from any place beyond the limits of any area in which the Act is in force, the officer-in-charge of that Fire Station, if he is satisfied that it is reasonably possible for the fire units to reach the scene of fire in sufficient time to be able to fight it, shall proceed to the scene of fire with necessary members of the force and with necessary fire fighting appliances.
(2) Fee payable under sub-section (1) of Section 17 shall be at the rate of rupees fifteen per hour or part thereof for the service rendered by the members of the force subject to a maximum of rupees one hundred and fifty per day of twenty-four hours plus charges at the rate of seventy-five paise per kilometre per motor vehicle or other means of transport used in connection with fire fighting.
Rule6 Employment of the members of the Force in rescue, salvage or other work
(1) Members of the force shall attend to the rescue of persons trapped by house collapse or other accidents or natural calamities such as earthquakes and floods and to emergency calls for pumping out water at the request of local authorities immediately on receiving information.
(2) Whenever members of the force are sent to any place outside any area in which the Act is in force for the purpose of rescue, salvage or such other work, the fee payable by the person or authority availing the services of the force shall be the actual expenditure incurred by the force in respect of such operation.
Rule7 Service of notice
A notice issued under the Act shall be served in the manner prescribed in the Code of Criminal Procedure for the service of a summons.
Rule8 Rewards
Whenever persons not being members of the force render services for fire fighting purposes, the Director may sanction rewards upto rupees one thousand and such rewards shall not exceed rupees two hundred and fifty in the case of an individual.
Rule9 Provision regarding employment of the members of the force or use of any equipment on special services and the fee payable therefor
(1)The Director or any officer duly authorised by him may order the standby of a fire unit or an ambulance at exhibitions, fairs, carnivals and such other gatherings where fire risks are involved provided it is not detrimental to the efficiency of the force and to normal fire protection of the place to which the fire unit is attached.
(2) The following fees shall be payable by the person or authority at whose request such standby work is undertaken by the force, namely: (i)
For public functions such as exhibitions, fairs, carnivals, conferences and such other gatherings which are not run for profit or where profits earned, if any, are used for charitable or philanthropic purposes
Rs. 60 per day of twenty-four hours.
(ii)
For public functions such as exhibitions, fairs, carnivals, conferences and such other gatherings which are run for profit and marriages and other functions
Rs. 120 per day of twenty-four hours.
(iii)
If during the period of standby duty, any pumping work is done at the request of the concerned person or authority, the fees at the rates mentioned in sub-rule (6) shall be collected for the entire period of absence of the unit from its Fire Station.
(3) Before taking up any work for standby duty for any private party or local authority, the party concerned shall be informed of the estimated fees calculated at the prescribed rates payable for the work, and fees so calculated shall be collected in advance. If it is found, after completion of the work that the amount deposited by the said party exceeds the amount payable by the said party according to the prescribed rates, the difference shall be refunded to the said party under proper acknowledgement,
(4) Before taking up any standby duty for any department of Government the estimate calculated at the prescribed rates payable for the work shall be intimated to that department and the work shall be undertaken only after that department agrees to pay the prescribed fees. After completion of the work a bill shall be sent to that department for sanctioning payment thereof by book adjustment to the appropriate head.
(5) The Director or an officer duly authorised by him may order pumping work on the request by a department of Government, a local authority or a private party without detriment to the efficiency of the force.
(6) Fees at the following rates shall be payable by the person or authority at whose request the pumping work is undertaken by the force, namely.
(a) Hiring charges at the rate of rupees fifteen per hour or part thereof subject to a limit of rupees one hundred and fifty per day of twenty-four hours;
(b) Charges at the rate of seventy-five paise per kilometre per motor vehicle or other means of transport used in connection with the pumping work.
(7) The procedure laid down in sub-rules (3) and (4) shall apply to the collection of fees for the pumping work also.
APPENDIX 1 FORM
FORM
[See Rule 3]
Certificate of Appointment under Section 7(1) of the Karnataka Fire
Force Act, 1964
No...........................................
State of Karnataka
Shri....................has been appointed as.................and is invested with the powers, functions and privileges of a member of the Fire Force under the Karnataka Fire Force Act, 1964 (Karnataka Act 42 of 1964).
Seal ..........................................................................................................Signature...............................
..................................................................................................................Designation...........................
Particulars.
1. Father's name.........................
2. Native Place...........................
3. Age.........................................
4. Length of previous service, if any..................
KARNATAKA FIRE FORCE (MAINTENANCE OF DISCIPLINE AND REMOVAL FROM SERVICE) RULES, 1971
In exercise of the powers conferred by Section 39 of the Karnataka Fire Force Act, 1964 (Karnataka Act 42 of 1964), the Government of Karnataka hereby makes the following rules namely:-
Rule1 Title and extent
(1) These rules may be called the Karnataka Fire Force (Maintenance of Discipline and Removal from Service) Rules, 1971.
(2) They apply to members of the Karnataka Fire Force.
Rule2 Definitions
In these rules, unless the context otherwise requires.
(a) "Act" means the Karnataka Fire Force Act, 1964 (Karnataka Act 42 of 1964);
(b) "Appointing Authority" in relation to a member of the Force shall be the authorities specified in column (3) of the Schedule;
(c) "Commission" means the Karnataka Public Service Commission;
(d) "Disciplinary Authority" in relation to the imposition of a penalty on a member of the Force means the authority competent under these rules to impose on him that penalty;
(e) "Governor" means the Governor of Karnataka acting on the advice of the Council of Ministers;
(f) "Schedule" means the Schedule to these rules;
(g) "Section" means a section of the Act.
Rule3 Application
These rules apply to all members of the Force except.
(a) persons in casual employment;
(b) persons subject to discharge from service on less than one month's notice;
(c) persons for whose appointment and other matters covered by these rules, special provisions are made by or under any law for the time being in force, or in any contract, in regard to the matters covered by such law or such contract.
Rule4 Disciplinary Authorities
(1) The Governor may impose any of the penalties specified in Rule 5 on any member of the Force.
(2) The authorities specified in column (4) of the Schedule and the authority or authorities to which such authority is subordinate may impose the penalties specified in column (5) on members of the Force specified in the corresponding entry in column (2) thereof.
Rule5 Penalties
(1) The following penalties may, for good and sufficient reasons and as hereinafter provided, be imposed on members of the Force, namely.
(A)
(i) Reduction to a lower rank, grade or post or to a lower time-scale or to a lower stage in a time-scale;
(ii) Compulsory retirement;
(iii) Removal from service;
(iv) Dismissal from service.
(B)
(i) Censure;
(ii) Withholding of increments or promotion;
(iii) Recovery from pay of the whole or part of any pecuniary loss caused by negligence or breach of orders to the State Government or to the Central Government, any other State Government, any person, body or authority, to whom the services of the officer had been lent;
(iv) Suspension;
(v) Entry of a black mark against his name in the prescribed manner;
(vi) Fine.
(C)
(i) Punishment drill;
(ii) Extra guard, fatigue or other duty;
(iii) Warning:
Provided that the penalties specified in sub-clauses (i) and (ii) of clause (c) shall not be imposed on any officer of or above the rank of a Leading Fireman:
Provided further that the following shall not amount to a penalty within the meaning of this rule.
(i) withholding of increments of a member of the Force for failure to pass a departmental examination in accordance with the rules or orders governing the service or post or the terms of his appointment;
(ii) stoppage of a member of the Force at the efficiency bar in the time-scale on the ground of his unfitness to cross the bar;
(iii) non-promotion whether in a substantive or officiating capacity, of a member of the Force, after consideration of his case, to a class, grade or post for promotion to which he is eligible;
(iv) reversion to a lower class, grade or post of a member of the Force officiating in a higher class, grade or post on the ground that he is considered after trial, to be unsuitable for such higher class, grade or post or on administrative grounds unconnected with his conduct (such as the return of the permanent incumbent from leave or deputation, availability of a more suitable officer and the like);
(v) reversion to his permanent class, grade or post of a member of the Force appointed on probation to another class, grade or post during or at the end of the period of probation in accordance with the terms of his appointment or the rules and orders governing probation;
(vi) compulsory retirement of a member of the Force in accordance with the provisions relating to his superannuation or retirement;
(vii) termination of the service.
(a) of a person employed under an agreement, in accordance with the terms of such agreement; or
(b) of a person appointed, otherwise than under an agreement, to hold a temporary appointment on the expiration of the period of the appointment.
(2) Nothing in sub-rule (1).
(a) shall affect any liability of a member of the Force to a criminal prosecution for any offence with which he may be charged;
(b) shall entitle any authority subordinate to that by which the member of the Force was appointed, to compulsorily retire, remove or dismiss him.
Rule6 Suspension
(1) The Government or the appointing authority or any authority to which such authority is subordinate or the authorities specified in column (4) of the Schedule may place a member of the Force specified in the corresponding entry in column (2) thereof under suspension.
(a) where a disciplinary proceedings against him is contemplated or is pending; or
(b) where a case against him in respect of any criminal essence is under investigation or trial:
Provided that where an order of suspension is made by an authority lower than the Appointing Authority, such authority shall forthwith report to the Appointing Authority the circumstances in which the order was made.
(2) A member of the Force who is detained in custody, whether on a criminal charge or otherwise, for a period exceeding forty-eight hours shall be deemed to have been suspended with effect from the date of detention, by an order of the Appointing Authority and shall remain under suspension until further orders.
(3) Where a penalty of dismissal, removal or compulsory retirement from service imposed upon a member of the force under suspension is set aside in appeal and the case is remitted for further inquiry or action or with any other directions, the order of his suspension shall be deemed to have continued in force on and from the date of the original order of dismissal, removal or compulsory retirement, and shall remain in force until further orders.
(4) Where a penalty of dismissal, removal or compulsory retirement from service imposed upon a member of the Force is set aside or declared or rendered void in consequence of or by a decision of a Court of law, and the Disciplinary Authority, on a consideration of the circumstances of the case, decides to hold a further inquiry against him on the allegations on which the penalty of dismissal, removal or compulsory retirement was originally imposed, the member of the Force shall be deemed to have been placed under suspension by the Appointing Authority from the date of the original order of dismissal, removal or compulsory retirement and shall continue to remain under suspension until further orders.
(5) An order of suspension made or deemed to have been made under this rule may at any time be revoked by the authority which made the order or by any authority to which that authority is subordinate.
(6) Where a member of the Force has been suspended by an authority other than Government and final orders in the inquiry pending against him have not been passed within a period of six months from the date of order of suspension, the case shall be reported to the Government for such orders as it may deem fit.
(7) Where on the conclusion of an inquiry against a member of the Force, the authority competent to impose any punishment.
(i) makes an order fully exonerating of acquitting him, the period during which he was under suspension pending the inquiry shall be deemed to be period of duty and the member of the Force concerned shall be entitled to full pay and allowances as if he had not been placed under suspension;
(ii) makes an order imposing any penalty, other man a penalty of suspension, compulsory retirement, removal from service or dismissal from service, the member of the Force concerned shall be paid, for the period of suspension such proportion of his pay and allowances as the said authority may in its discretion specify; and where no such proportion is specified, he shall be paid the maximum subsistence allowance admissible under the rules relating to grant of subsistence allowance and the period of suspension shall count as 'duty' unless the said authority has otherwise directed;
(iii) makes an order imposing the penalty of suspension, compulsory retirement, removal from service, or dismissal from service, the member of the Force concerned shall be paid for the period of suspension such proportion of his pay and allowances as the said authority may in its discretion specify and where no such proportion is specified the maximum subsistence allowance admissible under the rules relating to grant of subsistence allowance and the period of suspension shall not count as 'duty' for any purpose unless the said authority has otherwise directed.
Rule7 Procedure for imposing major penalties
(1) No order imposing on a member of the Force any of the penalties specified in sub-clauses (i) to (iv) of clause (a) of sub-rule (1) of Rule 5 shall be passed except after an inquiry held, as far as may be, in the manner hereinafter provided.
(2) The Disciplinary Authority or any authority specially empowered by it in this behalf (hereinafter in this rule referred to as 'specially empowered authority') shall frame definite charges on the basis of the allegations on which the inquiry is proposed to be held. Such charges, together with a statement of the allegation on which they are based, shall be communicated in writing to the member of the Force and he shall be required to submit, within such time as may be specified by the Disciplinary Authority or the specially empowered authority, a written statement of his defence and also to state whether he desires to be heard in person.
(3) The member of the Force shall, for the purposes of preparing his defence, be permitted to inspect and take extracts from such official records as he may specify, provided that such permission may be refused if, for reasons to be recorded in writing in the opinion of the Disciplinary Authority or specially empowered authority such records are not relevant for the purpose or it is against the public interest to allow him access thereto.
(4) On receipt of the written statement of defence, or if no such statement is received within the time specified, the Disciplinary Authority or specially empowered authority may inquire into such of the charges as are not admitted.
(5) The Disciplinary Authority or the specially empowered authority, as the case may be, may nominate any person to present the case in support of the charges before the authority inquiring into the charges (hereinafter referred to as the 'Inquiring Authority')- The member of the Force may present his case with the assistance of any other member of the Force, but may not engage a legal practitioner for the purpose unless the Disciplinary Authority or specially empowered authority as the case may be, having regard to the circumstances of the case, so permits.
(6) The Inquiring Authority shall, in the course of the inquiry consider such documentary evidence and take such oral evidence as may be relevant or material in regard to the charges. The member of the Force shall be entitled to cross-examine witnesses examined in support of the charges and to give evidence in person and to examine witnesses in his behalf. The person presenting the case in support of the charges shall be entitled to cross-examine the member of the Force and the witnesses examined in his defence. If the Inquiring Authority declines to examine any witness on the ground that his evidence is not relevant or material it shall record its reasons in writing.
(7) At the conclusion of the inquiry the Inquiring Authority shall prepare a report of the inquiry and record its findings on each of the charges together with the reasons therefor. If, in the opinion of such authority the proceedings of the inquiry establish charges different from those originally framed, it may record findings on such charges provided that findings on such charges shall not be recorded unless the member of the Force has admitted the facts constituting them or has had an opportunity of defending himself against them.
(8) The record of the inquiry shall include.
(i) the charges framed against the member of the Force and the statement of allegations furnished to him under sub-rule (2);
(ii) his written statement of defence, if any;
(iii) the oral evidence taken in the course of the inquiry;
(iv) the documentary evidence considered in the course of the inquiry;
(v) the orders, if any, made by the Disciplinary Authority and the Inquiring Authority in regard to the inquiry; and
(vi) a report setting out the findings on each charge and the reasons therefore.
(9)
(a) Where the Disciplinary Authority competent to impose any of the penalties specified in clause (b) or (c) of sub-rule (1) of Rule 5 has inquired into the charges and that authority having regard to its findings, is of the opinion that penalties specified in clause (a) of sub-rule (1) of thaat rule should be imposed mat authority shall forward the record of the inquiry to the Disciplinary Authority competent to impose the last mentioned penalties for considering the record and recording its findings on each charge;
(b) Where the Disciplinary Authority is not the Inquiring Authority, it shall consider the record of the inquiry and record its findings on each charge:
Provided that where such Disciplinary Authority, having considered the record of the inquiry, is of the opinion that any of the penalties specified in sub-clauses (i) to (iv) of clause (a) of sub-rule (1) of Rule 5 should be imposed, but is not competent to impose any of the said penalties, that authority shall forward the record of the inquiry to the Disciplinary Authority competent to impose the said penalties for recording its findings under this sub-rule.
(10) If the Disciplinary Authority, having regard to its findings on the charges, is of the opinion that any of the penalties specified in sub-clauses (i) to (iv) of clause (a) of sub-rule (1) of Rule 5 should be imposed, it shall.
(a) furnish to the member of the Force a copy of the report of the Inquiring Authority and where the Disciplinary Authority is not the Inquiring Authority a statement of its finding together with brief reasons for disagreement, if any, with the findings of the Inquiring Authority; and
(b) give him a notice stating the action proposed to be taken against him and calling upon him to submit within a specified time such representation as he may wish to make against the proposed, action, provided that such representation shall be based only on the evidence adduced during the enquiry.
(i)
(a) In every case in which it is necessary to consult the Commission, the record of the inquiry, together with a copy of the notice given under sub-rule (10) and the representation made in response to such notice, if any, shall be forwarded by the Disciplinary Authority to the Commission for its advice on the penalties proposed to be imposed on the member of the Force;
(b) On receipt of the advice of the Commission, the Disciplinary, Authority shall consider the representation, if any, made by the member of the Force as aforesaid, and the advice given by the Commission and determine what penalty, if any, should be imposed on the member of the Force and pass appropriate orders in the case;
(ii) In any case in which it is not necessary to consult the Commission, the Disciplinary Authority shall consider the representation, if any, made by the member of the Force in response to the notice under sub-rule (10) and determine what penalty, if any, should be imposed on the member of the Force and pass appropriate orders in the case.
(12) If the Disciplinary Authority having regard to its findings is of the opinion that any of the penalties specified in clause (b) or (c) of sub-rule (1) of Rule 5 should be imposed, it shall pass appropriate orders in the case:
Provided that in every case in which it is necessary to consult the Commission, the record of the inquiry shall be forwarded by the Disciplinary Authority to the Commission for its advice and such advice taken into consideration before passing these orders.
(13) Orders passed by the Disciplinary Authority shall be communicated to the member of the Force who shall also be supplied with a copy of the report of the Inquiring Authority and where the Disciplinary Authority is not the Inquiring Authority, a statement of its findings together with brief reasons for disagreement, if any, with the findings of the Inquiring Authority, unless they have already been supplied to him, and also a copy of the advice, if any, given by the Commission, and, where the Disciplinary Authority has not accepted the advice of the Commission, a brief statement of the reasons for such non-acceptance.
Explanation. In this rule, except in sub-rule (10), the expression the 'Disciplinary Authority' shall include the authority competent under these rules to impose upon the Government servant any of the penalties specified in clauses (b) and (c) of sub-rule (1) of Rule 5.
Rule8 Procedure for imposing Minor Penalties
(1)
(a) No order imposing any of the penalties specified in sub-clauses (i) to (vi) of clause (b) and sub-clause (iii) of clause (c) of sub-rule (1) of Rule 5 shall be passed except after.
(i) the member of the Force is informed in writing by the Disciplinary Authority of the proposal to take action against him and of the allegations on which it is proposed to be taken, and given an opportunity to make any representation he may wish to make;
(ii) such representation, if any, is taken into consideration by the Disciplinary Authority; and
(iii) the Commission is consulted in cases where such consultation is necessary.
(b) The record of proceedings in such cases shall include.
(i) a copy of the intimation to the member of the Force of the proposal to take action against him;
(ii) a copy of the statement of allegations communicated to him;
(iii) his representation, if any;
(iv) the advice of the Commission, if any; and
(v) the orders on the case together with the reasons therefore.
(2) No order imposing any of the penalties specified in sub-clauses (i) and (ii) of clause (c) of sub-rule (1) of Rule 5 shall be passed except after the member of the Force is informed orally of the proposal to take action against him and of the allegations on which it is proposed to be taken and given an opportunity to make orally any representation he may wish to make. The allegations, representations and the order made thereon shall be briefly recorded by the Disciplinary Authority in a register maintained for the purpose.
Rule9 Joint Inquiry
(1) Where two or more members of the Force are concerned in any case, the authority competent to impose the penalty of dismissal from service on all such members of the Force may make an order directing that disciplinary action against all of them may be taken in a common proceeding.
(2) Such order shall specify
(i) the authority which may function as the Disciplinary Authority for the purpose of such proceeding;
(ii) the penalties specified in Rule 5 which such Disciplinary Authority shall be competent to impose; and
(iii) whether the procedure prescribed in Rule 7 or Rule 8 may be followed in the proceeding.
Rule10 Special procedure in certain cases
(1) Notwithstanding anything contained in Rules 7, 8 and 9.
(i) where a penalty is imposed on a member of the Force on the ground of conduct which has led to his conviction on a criminal charge; or
(ii) where the member of the Force concerned has absconded, or does not take part in the inquiry or where for any reasons to be recorded in writing it is impracticable to communicate with him, or where the Disciplinary Authority, for reasons to be recorded in writing, is satisfied that it is not reasonably practicable to follow the procedure prescribed in the said rules; or
(iii) where the Governor is satisfied that in the interest of the security of the State it is not expedient to follow such procedure, the Disciplinary Authority may consider the circumstances of the case and pass such orders thereon as it deems fit:
Provided that the Commission shall be consulted before passing such orders in any case in which such consultation is necessary.
(2) The following provisions shall, notwithstanding anything contained in Rules 4, 6, 7 and 9 be applicable for purposes of proceedings against members of the Force whose alleged misconduct has been investigated into by the Vigilance Commission either suo motu or on a reference from Government or from another authority, viz.
(a) where on investigation into any allegation against a member of the Force the Vigilance Commission is of the opinion that disciplinary proceedings shall be taken, it shall forward the record of investigation along with its recommendations to the Government, and the Government, after examining such records, may either direct an inquiry into the case by the Vigilance Commission or direct the appropriate Disciplinary Authority to take action in accordance with Rule 8;
(b) where the Vigilance Commission is directed to hold an inquiry into a case under clause (a), the inquiry may be conducted either by the Vigilance Commissioner or by an officer of the Directorate of Vigilance authorised by the Vigilance Commissioner to conduct the inquiry:
Provided that the inquiry of a case relating to a member of the Force shall not be conducted by an officer lower in rank than that of such member of the Force.
(c) the Vigilance Commissioner or the officer authorised to conduct the inquiry under clause (b) shall conduct the inquiry in accordance with the provisions of sub-rules (2), (3), (4), (5), (6) and (7) of Rule 7 and for the purpose of such inquiry shall have the power of the specially empowered authority referred to in the said rule;
(d) after the inquiry is completed the records of the case with the finding of the inquiring officer and the recommendations of the Vigilance Commissioner shall be sent to the Government;
(e) on receipt of the records under clause (d), the Government shall take action in accordance with the provisions of sub-rules (9) to (13) of Rule 7 and in all such cases the Government shall be the Disciplinary Authority competent to impose any of the penalties specified in Rule 5.
Explanation. In this rule, the expressions 'Vigilance Commission', 'Vigilance Commissioner' and the 'Directorate of Vigilance' shall respectively have the meanings assigned to them in the Karnataka State Vigilance Commission Rules, 1965.
Rule11 Provisions regarding lent officers
(1) Where the services of a member of the Force are lent to the Central Government, any State Government or to a local or other authority (hereinafter in mis rule referred to as 'the borrowing authority'), the borrowing authority shall have the powers of the Appointing Authority for the purpose of placing him under suspension and of the Disciplinary Authority for the purpose of taking a disciplinary proceeding against him:
Provided that the borrowing authority shall forthwith inform the authority which lent his services (hereinafter in this rule referred to as 'the lending authority') of the circumstances leading to the order of his suspension or the commencement of the disciplinary proceeding, as the case may be.
(2) In the light of the findings in the disciplinary proceeding taken against the member of the Force. (i) if the borrowing authority is of the opinion that any of the penalties specified in clause (b) or (c) of sub-rule (1) of Rule 5 should be imposed on him, it may, in consultation with the lending authority pass such orders on the case as it deems necessary:
Provided that in the event of a difference of opinion between the borrowing authority and the lending authority, the services of the member of the Force shall be replaced at the disposal of the lending authority. (ii) if the borrowing authority is of the opinion that any of the penalties specified in clause (a) of sub-rule (1) of Rule 5 should be imposed on him it shall replace his services at the disposal of the lending authority and transmit to it the proceedings of the inquiry, and thereupon the lending authority may, if it is the Disciplinary Authority, pass such orders thereon as it deems necessary, or if it is not the Disciplinary Authority, submit the case to the Disciplinary Authority which shall pass such orders on the case as it deems necessary:
Provided that in passing any such order the Disciplinary Authority shall comply with the provisions of sub-rules (10) to (13) of Rule 7. Explanation. The Disciplinary Authority may make an order under clause (ii) of sub-rule (2) on the record of the inquiry transmitted by the borrowing authority, or after holding such further inquiry as it may deem necessary.
Rule12 Provisions regarding borrowed officers
(1) Where an order of suspension is made or a disciplinary proceeding is taken against a member of the force whose services have been borrowed from the Central Government, any State Government or a local or other authority, the authority lending his services (hereinafter in this rule referred to as 'the lending authority') shall forthwith be informed of the circumstances leading to the order of his suspension or of the commencement of the disciplinary proceeding, as the case may be.
(2) In the light of the findings in the disciplinary proceeding taken.
(i) if the Disciplinary Authority is of the opinion that any of the penalties specified in sub-clauses (i), (ii), (iii), (iv) and (vi) of clause (b) of sub-rule (1) of Rule 5 should be imposed on him, it may, subject to the provisions of sub-rule (12) of Rule 7, after consultation with the lending authority, pass such orders on the case as it deems necessary:
Provided that in the event of difference of opinion between the borrowing authority and the lending authority his services shall be replaced at the disposal of the lending authority;
(ii) if the Disciplinary Authority is of the opinion that any of the penalties specified in sub-clauses (i) to (iv) of clause (a) of sub-rule (1) of Rule 5 should be imposed on him it shall replace his services at the disposal of the lending authority and transmit to it the proceedings of the inquiry for such action as it deems necessary.
Rule13 Appeals
(1) Against an order passed by any authority imposing any of the penalties specified in Rule 5, or an order placing a member of the Force under suspension under Rule 6, an appeal shall lie.
(a) to the Director where such order is made by an authority subordinate to him;
(b) to the Government where such order is made by any other authority;
(c) to the Governor where such order is made by the Government:
Provided that no appeal shall lie in case the penalties imposed are those specified in clause (c) of sub-rule (1) of Rule 5.
(2) Notwithstanding anything contained in this rule no appeal shall lie against any order made by the Governor.
(3) No appeal shall be entertained unless it is submitted within a period of three months from the date of communication of the order appealed against:
Provided that the Appellate Authority may entertain the appeal after the expiry of the said period, if it is satisfied that the appellant had sufficient cause for not submitting the appeal in time.
Rule14 Form and Contents of Appeal
(1) Every person submitting an appeal shall do so separately and in his own name.
(2) Every appeal shall be accompanied by a copy of the order appealed against and shall contain all material statements and arguments relied on by the appellant, shall not contain any disrespectful or improper language and shall be complete in itself.
Rule15 Consideration of Appeals
(1) On receipt of an appeal, the Appellate Authority may, if it is satisfied that the appeal is maintainable, call for the relevant records and the comments on the contentions in the appeal from the authority which passed the order appealed against.
(2) In the case of an appeal against an order of suspension under Rule 6, the Appellate Authority shall consider whether in the light of the provisions of Rule 6 and having regard to the circumstances of the case, the order of suspension is or is not justified and confirm or revoke the order accordingly.
(3) In the case of an appeal against an order imposing any of the penalties specified in Rule 5, the Appellate Authority shall consider.
(a) whether the procedure prescribed in these rules has been complied with, and, if not whether such non-compliance has resulted in violation of any provisions of the Constitution of India or in failure of justice;
(b) whether the findings are justified; and
(c) whether the penalty imposed is excessive, adequate or inadequate; and after consultation with the Commission if such consultation is necessary in the case pass orders.
(i) setting aside, reducing or confirming the penalty; or
(ii) remitting the case to the authority which imposed the penalty with such directions, as it may deem fit in the circumstances of the case.
Rule16 Review
11. Rule 16 substituted by Notification No. HD 387 SFB 99, dated 10-7- 2000, w.e.f. 3-8-2000 [Notwithstanding anything contained on these rules the Government may at any time, either on its own motion or otherwise, after calling for records of the case, review any order passed under these rules when any new material or evidence, which could not be produced or was not available at the time of passing the order under review and which has the effect of changing the nature of the case has come or has been brought to its notice or if in its opinion any an order imposing penalty cannot be given effect to or if an order imposing penalty is not legally valid and;
(a) Confirm, modify or set aside the order;
(b) impose any penalty or set aside, reduce, confirm of enhance the penalty imposed by the order;
(c) remit the case to the authority which made the order or to any other authority directing such further action or inquiry as is considered proper in the circumstances of the case; or
(d) Pass such other orders as it deems fit:
Provided mat.
(i) an order imposing or enhancing a penalty shall not be passed unless the person concerned has been given a reasonable opportunity of making any representation, against the penalty proposed; and
(ii) If the Government proposes to impose any of the penalties specified in sub-clause (i) to (iv) of clause (A) of sub-rule (1) of Rule 5 or to enhance a penalty imposed by the order sought to be reviewed to any of the penalties specified in the said sub-clauses (i) to (iv) in a case wherein inquiry under Rule 7 has not been help, no such penalty shall be imposed except after enquiring in the manner laid in Rule 7 subject to the provisions of Rule 10 and except after consultation with the Commission where such consultation is necessary.]
Rule17 Review of orders in disciplinary cases
The authority to which an appeal against an order imposing any of the penalties specified in Rule 5 lies, may, of its own motion or otherwise, call for the records of the case in a disciplinary proceeding, review any order passed in such a case and after consultation with the Commission, where such consultation is necessary, pass such orders as it deems fit, as if the member of the Force had preferred an appeal against such order:
Provided that no action under this rule shall be initiated more than six months after the date of the order to be reviewed.
Rule18 Appearance of Legal Practitioners
Save as otherwise provided in these rules, no legal practitioner or agent shall be allowed to appear in any proceeding under these rules.
Rule19 Repeal and Savings
11. Rule 19 inserted by GSR 227, dated 29-4-1972, w.e.f. 15-6-1972. [(1) The Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 to the extent of which they apply to persons to whom these rules apply are hereby repealed:
Provided that.
(a) such repeal shall not affect the previous operation of the said rules or anything done or any action taken thereunder;
(b) any proceedings under the said rules pending at the commencement of these rules shall be continued and disposed of, as far as may be, in accordance with the provisions of these rules.
(2) Nothing in these rules shall operate to deprive any person to whom these rules apply of any right of appeal which had accrued to him under the rules repealed by sub-rule (1) in respect of any order passed before the commencement of these rules.
(3) An appeal pending at or preferred after the commencement of these rules against an order made before such commencement shall be considered and orders thereon shall be passed, in accordance with these rules.]
SCHEDULE 1 SCHEDULE
SCHEDULESCHEDULE
SI. No.
Class of posts
Authority empowered to appoint
Authority empowered to impose penalties and penalties which it may impose
Authority
Penalties specified in the rules
(1)
(2)
(3)
(4)
(5)
1.
Chief Fire Officer
Government
Government
A (i to iv)
B (i to iv)
2.
Deputy Chief Fire Officer
Director,
Fire Force
Government
Director
Deputy Director
A (iii and iv)
A (i and ii) and
B (i to iv)
3.
Section Officer
Director,
Fire Force
Director
Deputy Director
Chief Fire Officer
A (i to iv)
B (i to iv and vi)
C (iii)
4.
Sub-Officer
Director,
Fire Force
Director
Deputy Director
Chief Fire Officer
A (i to iv)
B (i to iv and vi)
C (iii)
5.
Assistant Sub-Officer
Director,
Fire Force
Director
Deputy Director
Chief Fire Officer
A (i to iv)
B (i to iv and vi)
C (iii)
6.
Driver, Mechanic
Deputy Director,
Fire Force
Director
Deputy Director
Chief Fire Officer
A (i to iv)
B (i to vi)
C (i to iii)
7.
Leading Fireman
Deputy Director,
Fire Force
Director
Deputy Director
Chief Fire Officer
A (i to iv)
B (i to vi)
C (i to iii)
8.
Fireman, Driver
Deputy Director,
Fire Force
Director
Deputy Director
Chief Fire Officer
A (i to iv)
B (i to vi)
C (i to iii)
9.
Fireman, Telephone Operator
Deputy Director,
Fire Force
Director
Deputy Director
Chief Fire Officer
A (i to iv)
B (i to vi)
C (i to iii)
10.
Fireman
Deputy Director,
Fire Force
Director
Deputy Director
Chief Fire Officer
A (i to iv)
B (i to vi)
C (i to iii)
11.
Engineering Sub-Officer
Director,
Fire Force
Director
Deputy Director
Chief Fire Officer
A (i to iv)
B (i to iv and vi)
C (iii)
12.
Fitter, Class I
Director,
Fire Force
Director
Deputy Director
Chief Fire Officer
A (i to iv)
B (i to iv and vi)
C (iii)
13.
Fitter, Class II
Deputy Director,
Fire Force
Director
Deputy Director
Chief Fire Officer
A (i to iv)
B (i to vi)
C (i to iii)
14.
Fitter, Class III
Deputy Director,
Fire Force
Director
Deputy Director
Chief Fire Officer
A (i to iv)
B (i to vi)
C (i to iii)
15.
Electrician, Class II
Deputy Director,
Fire Force
Director
Deputy Director
Chief Fire Officer
A (i to iv)
B (i to vi)
C (i to iii)
16.
Carpenter, Class III
Deputy Director,
Fire Force
Director
Deputy Director
A (i to iv)
B (i to vi)
C (i to iii)
17.
Welder-cum-Tinsmith, Class II
Deputy Director,
Fire Force
Director
Deputy Director
Chief Fire Officer
A (i to iv)
B (i to vi)
C (i to iii)
18.
Painter, Class II
Deputy Director,
Fire Force
Director
Deputy Director
Chief Fire Officer
A (i to iv)
B (i to vi)
C (i to iii)
19.
Cleaner
Deputy Director,
Fire Force
Director
Deputy Director
Chief Fire Officer
A (i to iv)
B (i to vi)
C (i to iii)
20.
Commandant, Training Centre
Government
Government
A (i to iv)
B (i to iv)
21.
Chief Instructor, Training Centre
Director,
Fire Force
Government
Director
Deputy Director
A (iii and iv)
A (i and ii) and
B (i to iv)
B (i to iv)
22.
Instructor, Training Centre
Director,
Fire Force
Director
Deputy Director
Chief Fire Officer
A (i to iv)
B (i to iv and vi)
C (iii)
23.
Demonstrators, Training Centre
Director,
Fire Force
Director
Deputy Director
Chief Fire Officer
A (i to iv)
B (i to iv and vi)
C (iii)
REGULATION
KARNATAKA FIRE FORCE REGULATIONS, 1971
In exercise of the powers conferred by Section 9 of the Karnataka Fire Force Act, 1964 (Karnataka Act 42 of 1964), the Government of Karnataka hereby makes the following regulations, namely:-
Regulation1 Title and commencement
(1) These Regulations may be called the Karnataka Fire Force Regulations, 1971.
(2) They shall come into force on the date of their publication in the Official Gazette.
Regulation2 Definition
In these regulations, "Act" means the Karnataka Fire Force Act, 1964 (Karnataka Act 42 of 1964).
Regulation3 Provisions regarding Water Supply
(1) The responsibility of providing adequate water supply required for fire fighting purposes shall be of the local authorities or the water supply department, as the case may be, wherever protected water supply scheme is in existence. The said authorities shall, in consultation with the Director, provide adequate number of fire hydrants. Whenever water supply schemes are brought into force in any town where a Force is in existence or whenever a scheme for extension of the existing supply system is proposed, the Director shall be consulted for the provision of additional fire hydrants.
(2) Wherever necessary the local authorities shall provide adequate number of static water tanks, as specified by the Director. The local authorities shall also be responsible for the maintenance and periodical cleaning of such tanks whenever found necessary. However, filling up of these tanks shall be carried out by the members of the Force concerned wherever there are no underground water supply schemes in existence.
Regulation4 Housing of Fire appliances and residential accommodation
(1) The Director shall take action for acquiring land and for construction of building for the purpose of providing Fire Station or for accommodating members of the Force and fire fighting appliances.
(2) In emergent cases, the Director may take on lease or hire any suitable building or premises or place for housing the Fire Station or for accommodating the members of the Force and its fire fighting appliances.
Regulation5 Rewards
(1) Rewards may be granted to members of the public giving information about fires and for those who have rendered effective assistance to the Force on the occurrence of fires.
(2) The Director may sanction rewards upto rupees one thousand and such reward shall not exceed rupees two hundred and fifty in the case of an individual.
Regulation6 Training discipline and conduct of members of the Force
(1) Members of the Force shall undergo the training prescribed in the Karnataka Fire Force (Cadre and Recruitment) Rules, 1971.
(2) The Karnataka Civil Services (Conduct) Rules, 1966, shall apply to the members of the Force.
(3) Every member of the Force shall serve and reside wherever he may be directed.
(4) Every member of the Force shall while on duty wear such prescribed dress and accoutrements as may, from time to time, be ordered to be worn by each respective rank of the force and shall always be smart in turnout.
(5) Every person, who for any reason ceases to be a member of the force, shall forthwith deliver upto an Officer empowered by the Director to receive the same, his certificate of appointment and the accoutrement, clothing and other necessaries which had been provided for the execution of hisoffice.
Regulation7 Speedy attendance on the occasion of alarm of fire
(1) All calls for assistance in a fire shall be expeditiously attended to by the members of the Force on duty in a Fire Station.
(2)The telephone room of a Fire Stationshall be manned throughout the twenty-four hours of the day.
(3)Officers-in-charge of Fire Stations shall be attend all fire calls received in the Station to which they are attached, immaterial of the fact, whether they are on duty in the Station or off duty in their residence. They shall alway intimate the Fire Stations to which they are attached, their whereabouts at all times unless they are on leave.
(4) Any fire call received from a belt area of forty kilometres around the town or city, as the case may be, shall also be attended to immediately. Fire calls received from places at a distance beyond forty kilometres from the Station concerned shall also be attended to be provided the calls are made by responsible persons and provided further that the officer-in-charge comes to the conclusion that the turning out of fire units to such places would actually be of service in extinguishing fires or rendering such other help for which the fire service is called for.
(5) If fire calls are received from places beyond forty kilometres from the Station, the Officer-in-charge of the Fire Station shall get all the information from the caller to find out whether it would serve any purpose in turning out the fire units at such long distances and if the fire is a serious one, with the likelihood of its spreading to the entire area concerned, the fire units shall be turned out. In such cases a special report shall be submitted by the Officer-in-charge of the station justifying the turnout of the Fire Units.
(6) Whenever a fire service vehicle is involved in an accident while proceeding to a place where fire has broken out, the appliances must continue to the fire spot, if possible.
Regulation8 Employment of the members of the Force in any rescue, salvage or other similar work
All messages received at the Stations seeking the help of the Force other than for extinguishing fires, shall also be attended to in cases where risk to human or animal life or other properties are involved.
Regulation9 Powers, duties and functions of the Director
The powers, duties and functions of the Director shall be as follows.
(1) He shall be responsible for the administration of the Force throughout the areas where the Act is in force.
(2) He shall be directly responsible to the State Government for the control and management of the Force, and proper maintenance of the appliances.
(3) He shall have powers to issue without reference to Government, standing or general orders either on matters of routine or to simplify or explain previous orders but he shall not issue a Standing Order which involves a point of law, without the previous approval of Government.
(4) He shall be responsible for the maintenance of discipline and due state of efficiency of the Force.
(5) He shall have power to make such disposition of the staff, vehicles and appliances for the Fire Station as may seem to him expedient, provided that no permanent alteration of the sanctioned strength of the staff, vehicles and appliances of the Fire Station is made without the previous sanction of the Government.
(6) He shall have powers to sanction payment of ordinary service pensions or gratuities to the non-Gazetted members of the Force. The power of sanction shall be exercised only when the pension is strictly admissible under the prescribed rules and does not require, to make admissible the exercise of any other power which has not been delegated to the Director. |
