Bhopal (Madhya Pradesh): Any person who, without adequate justification, fails to communicate information in his possession regarding a fire outbreak shall be deemed to have committed an offence punishable under Section 211 of the Bharatiya Nyaya Sanhita (BNS), 2023, according to the proposed Madhya Pradesh Fire and Emergency Act likely to be tabled during the monsoon session of the Madhya Pradesh Assembly.
The draft Act states that any person having information about a fire outbreak must communicate it without delay to the nearest fire station.
To deal with false fire reports, the proposed legislation states that any person knowingly giving false information regarding a fire outbreak may face imprisonment of up to three months or a fine of up to Rs 10,000, or both.
The proposed Act also seeks to fix liability on property owners. It states that any person whose property catches fire because of deliberate or negligent action by the owner or his agent shall be liable to pay compensation to any other person suffering property damage. The appellate authority, after giving the concerned party an opportunity to be heard, would determine the amount of compensation and identify the person liable to pay it.
Fire Prevention and Life Safety Fund
The proposed Act also seeks to constitute a Fire Prevention and Life Safety Fund. The draft provisions state that any person or association may donate equipment, machinery or funds to the Madhya Pradesh Fire and Emergency Service.
The proposed legislation also provides for an official online portal of the Madhya Pradesh Fire and Emergency Service for processing fire safety certificates, documentation work and supervision and control of fire and emergency services.
Dedicated fire service regulatory framework
At present, fire and emergency services in Madhya Pradesh are governed under Sections 351, 352, 353 and 354 of the Madhya Pradesh Municipal Corporation Act, 1956, and Sections 286 and 287 of the Madhya Pradesh Municipality Act, 1961.
Fire services are currently managed by urban local bodies responsible for handling fire and emergency services across the state. The draft Act states that there is a need for legally and structurally equipped fire and emergency services in Madhya Pradesh.
It notes that several recent fire incidents resulted in loss of life and property, and in the absence of proper regulations it becomes difficult to identify those responsible and fix accountability.The proposed legislation also includes provisions related to levy of fire tax, appointment of commissioner and director, offences by companies, penalties for dereliction of duty and issuance of fire safety certificates.
Mandatory fire safety installations
The draft Act states that owners of multi-storied and special buildings must ensure installation of automatic sprinkler systems, fire alarms and fire extinguishers as prescribed under the rules to prevent or control fire incidents.