KLH’s The West Bengal Fire Services Act, 1950 – Edition 2025.

KLH’s The West Bengal Fire Services Act, 1950 – Edition 2025.

Description :-

The West Bengal Fire Services Act, 1950 (Act No. XVIII of 1950), is an act to provide for the maintenance of a fire brigade and regulate the licensing of warehouses and other fire-related matters. It has since been updated through various amendments to enhance fire prevention and safety measures.

Key provisions

• Establishment of the fire brigade: The act mandates that the State Government must maintain a fire brigade for fire services in the areas where the act is in force. The fire brigade can be deployed to extinguish fires, protect life and property, and provide other services.
• Powers at the scene of a fire: The Director or officer-in-charge at a fire can remove obstructing individuals, break into or pull down premises to stop a fire, and exercise powers similar to a police officer to manage the crowd. They can also take other measures to preserve life and property.
• Police cooperation: Police officers of all ranks are authorized and required to assist the fire brigade in performing its duties, including clearing streets near a fire.
• Immunity from damages: Police officers and fire brigade members are not liable for damages for actions taken in good faith while executing their duties.
• Investigation of fire origin: The senior fire official is responsible for investigating the cause and origin of a fire and reporting the findings to the Magistrate. Copies of the report are available to interested parties, such as fire insurance companies.

Licensing requirements

The act establishes a licensing system for fire-hazardous activities.

• Warehouses and workshops: No building can be used as a warehouse or workshop for storing or processing hazardous substances without a license from the Collector. These premises must conform to prescribed fire safety standards.
• Temporary structures: Erecting temporary structures like pandals using flammable materials for public assembly requires permission from the Director of Fire Services.
• Fireworks: A license is required to let off rockets, send up fire-balloons, or sell fireworks within areas where the act is in force.

Fire prevention and safety

Later amendments introduced several provisions for proactively managing fire safety.

• Mandatory measures: The act requires owners or occupiers of buildings, particularly “high-risk buildings,” to implement necessary fire prevention and safety measures.
• Fire Safety Certificate (FSC): Owners or occupiers of high-risk buildings must obtain and maintain a Fire Safety Certificate issued by a licensed agency. A high-risk building is defined as a high-rise building or one used for purposes involving hazardous materials, explosive mixtures, or large public gatherings.
• Fire Prevention Wing: The act established a Fire Prevention Wing to inspect buildings and ensure that fire safety measures are being followed.
• Water supply: Local authorities and agencies are required to ensure an adequate, no-charge water supply for firefighting operations.
• Right of way: All vehicles must yield to fire brigade vehicles responding to a fire.

Penalties

The act specifies several offenses and corresponding penalties.

• Licensing violations: Penalties are imposed for operating a warehouse or workshop without a license, failing to notify authorities of a change in occupation, or violating license conditions.
• Contravention of rules: Offenders may face fines or imprisonment for failing to comply with fire prevention rules or providing false Fire Safety Certificates.
• Obstruction: The act includes penalties for obstructing the fire brigade in its duties, blocking access to water sources, or making malicious false alarms.

Overriding effect

The provisions of the West Bengal Fire Services Act, 1950, take precedence over any inconsistent provisions in other laws.

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