THE DELHI FIRE PREVENTION AND FIRE SAFETY ACT, 1986 
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ARRANGEMENT OF SECTIONS 
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SECTIONS 

1.  Short title, extent and commencement. 
2.  Definitions. 
3.  Inspection of buildings, premises, etc. 
4.  Measures for fire prevention and fire safety. 
5.  Power to seal buildings or premises. 
6.  Provision regarding certain buildings and premises. 
7.  Default powers of the Chief Fire Officer. 
8.  Appeals. 
9.  Bar of jurisdiction of courts. 
10.  Penalties. 
11.  Offences by companies. 
12.  Sanction of prosecution. 
13.  Jurisdiction. 
14.  Protection of action taken in good faith. 
15.  Officer to be public servant. 
16.  Power to make rules.  

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THE DELHI FIRE PREVENTION AND FIRE SAFETY ACT, 1986 

ACT NO. 56 OF 1986 

[12th December, 1986.] 

An  Act  to  make  more  effective  provision  for  the  fire  prevention  and  fire  safety  measures  in 

certain buildings and premises in the Union Territory of Delhi. 

BE it enacted by Parliament in the Thirty-seventh Year of the Republic of India as follows:— 

1. Short title, extent and commencement.—(1) This Act may be called the Delhi Fire Prevention 

and Fire Safety Act, 1986. 

(2) It extends to the whole of the Union Territory of Delhi. 
(3)  It  shall  come  into  force  on  such  date1  as  the  Central  Government  may,  by  notification  in  the 

Official Gazette, appoint. 

2. Definitions.—In this Act, unless the context otherwise requires,— 

(a)  “Administrator”  means  the  Administrator  of  Delhi  appointed  by  the  President  under  article 

239 of the Constitution; 

(b)  “Appellate  Tribunal”  means  the  Appellate  Tribunal  constituted  under  section  347A  of  the 

Delhi Municipal Corporation Act, 1957 (66 of 1957); 

(c)  “building”  means  a  house,  outhouse,  stable,  latrine,  urinal,  shed,  hut,  wall  (other  than  a 
boundary  wall)  or  any  other  structure,  whether  of  masonry,  bricks,  wood,  mud,  metal  or  other 
material; 

(d)  “building  bye-laws”,  means  the  bye-laws  made  under  section  282  of  the  Cantonments              

Act, 1924 (2 of 1924)  or the bye-laws made under section 481 of the Delhi Municipal Corporation 
Act, 1957 (66 of 1957) or the bye-laws made under section 188, sub-section (3) of section 189 and              
sub-section (1) of section 190 of the Punjab Municipal Act, 1911 (Punjab Act III of 1911), as in force 
in New Delhi or the regulations made under sub-section (1) of section 57 of the Delhi Development 
Act, 1957 (61 of 1957), relating, to buildings; 

(e) “Chief Fire Officer” means the Chief Fire Officer appointed by the Municipal Corporation of 

Delhi established under the Delhi Municipal Corporation Act, 1957 (66 of 1957); 

(f) “Delhi” mean the Union Territory of Delhi; 

(g)  “fire  prevention  and  fire  safety  measures”  means  such  measures  as  are  necessary  in 
accordance with the building bye-laws for the prevention, control and fighting of fire and for ensuring 
the safety of life and property in case of fire; 

(h) “local authority” means the Delhi Cantonment Board established under the Cantonments Act, 
1924  (2  of  1924),  the  Delhi  Development  Authority  established  under  the  Delhi  Development  Act, 
1957  (61  of  1957),  the  Delhi  Municipal  Corporation  established  under  the  Delhi  Municipal 
Corporation  Act,  1957  (66  of  1957),  the  New  Delhi  Municipal  Committee  established  under  the 
Punjab Municipal Act, 1911 (Punjab Act III of 1911), as in force in New Delhi or any other authority 
under  any  other  law,  which  may  be  notified  in  this  behalf  by  the  Administrator  with  the  prior 
approval of the Central Government; 

(i) “nominated authority” means an Officer not below the rank of a Station Officer nominated by 
the  Chief  Fire  Officer,  and  includes  an  officer  nominated  by  a  local  authority  or  a  railway 
administration as a nominated authority for the purposes of this Act; 

1. 2nd  March,  1987,  vide notification  No. S.O. 151(E),  dated  27th  January,  1987,  see  Gazette  of  India,  Extraordinary,  Part  II,  

sec. 3(ii). 

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(j) “occupier” includes— 

(i) any person who for the time being is paying or the 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; 

(ii) an owner in occupation of, or otherwise using his land or building; 

(iii) a rent-free tenant of any land or building; 

(iv) a licensee in occupation of any land or building; and 

(v) any person who is liable to pay to the owner damages for the use and occupation of any land 

or building; 

(k) “owner” includes a person who for the time being is receiving or 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 and also includes— 

(i) the custodian of evacuee property in respect of evacuee property vested in him under the 

Administration of Evacuee Property Act, 1950 (31 of 1950); 

(ii)  the  Director  of  Estates  of  the  Government  of  India,  the  Secretary  of  the  Delhi 
Development  Authority,  constituted  under  the  Delhi  Development  Act,  1957  (61  of  1957),  the 
general manager of a railway and the head of a Government department, in respect of properties 
under their respective control; 

(l) “premises” means any land or any building or part of a building appurtenant thereto which is 

used for storing explosives, explosive substances and dangerously inflammable substances. 

Explanation.—In this clause, “explosive”, “explosive substances” and “dangerously inflammable 
substances”  shall  have  the  meanings,  respectively,  assigned  to  them  in  the  Explosives  Act,  1884          
(4 of 1884), the Explosive Substances Act, 1908 (5 of 1908), and the Inflammable Substances Act, 
1952 (20 of 1952). 

3. Inspection of buildings, premises, etc.—(1) The nominated authority may, after giving three 
hours’ notice to the occupier, or, if there be no occupier, to the owner of any building having such 
height  as  may  be  specified  by  rules  framed  under  this  Act,  or  premises,  enter  and  inspect  the  said 
building or premises at any time between sunrise and sunset where such inspection appears necessary 
for ascertaining the adequacy or contravention of fire prevention and fire safety measures: 

Provided that the nominated authority may enter into and inspect any building or premises at any 
time  if  it  appears  to  it  to  be  expedient  and  necessary  to  do  so  in  order  to  ensure  safety  of  life  and 
property. 

(2)  The  nominated  authority  shall  be  provided  with  all  possible  assistance  by  the  owner  or 

occupier,  as  the  case  may  be,  of  the  building  or  premises  for  carrying  out  the  inspection  under              
sub-section (1). 

(3) When  any  building  or premises  used as a  human  dwelling  is  entered  under  sub-section  (1), 
due  regard  shall  be  paid  to  the  social  and  religious  sentiments  of  the  occupiers;  and,  before  any 
apartment in the actual occupancy of any women, who, according to the custom does not appear in 
public, is entered under sub-section (1), notice shall be given to her that she is at liberty to withdraw, 
and every reasonable facility shall be afforded to her for withdrawing. 

4. Measures for fire prevention and fire safety.—(1) The nominated authority shall, after the 
completion  of  the  inspection  of  the  building  or  premises  under  section  3,  record  its  views  on  the 
deviations from, or the contraventions of, the building bye-laws with regard to the fire prevention and 
fire  safety  measures  and  the  inadequacy  of  such  measures  provided  therein  with  reference  to  the 
height of the building or the nature of activities carried on in such building or premises and issue a 
notice  to  the  owner  or  occupier  of  such  building  or  premises  directing  him  to  undertake  such 
measures as may be specified in the notice. 

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(2) The nominated authority shall also give a report of any inspection made by it under section 3 

to the Chief Fire Officer. 

5. Power to seal buildings or premises.—(1) Where, on receipt of a report from the nominated 
authority under sub-section (2) of section 4, it appears to the Chief Fire Officer that the condition of 
any  building  or  premises  is  dangerous  to  life  or  property,  he  shall,  without  prejudice  to  any  action 
taken under section 7, by order, require the persons in possession or occupation of such building or 
premises to remove themselves from such building or premises forthwith. 

(2)  If  an  order  made  by  the  Chief  Fire  Officer  under  sub-section  (1)  is  not  complied  with,  the 
Chief Fire Officer may direct any police officer having jurisdiction in the area to remove such persons 
from the building or premises and such officer shall comply with such directions. 

(3) After the removal of the persons under sub-section (1) or sub-section (2), as case may be, the 

Chief Fire Officer shall seal the building or premises. 

(4) No person shall remove such seal except under an order made by the Chief Fire Officer. 

6.  Provision  regarding  certain  buildings  and  premises.—(1)  Notwithstanding  anything 
contained in any other law for the time being in force, the Chief Fire Officer may enter and inspect 
any building, the construction of which was completed on or before the 6th day of June, 1983 (being 
the  date  on  which  the  current  building  bye-laws  had  come  into  force)  or  any  building  which  was 
under construction on such date if such inspection appears necessary for ascertaining the adequacy of 
fire prevention and fire safety measures in such building. 

(2) The entry and inspection under sub-section (1) shall be done by the Chief Fire Officer in the 

manner laid down in section 3. 

(3)  The  Chief  Fire  Officer  shall,  after  inspection  of  the  building  or  premises  under                      

sub-section (1), and after taking into consideration— 

(i)  the  provisions  of  the  building  bye-laws  in  accordance  with  which  the  plan  of  the  said 

building or premises was sanctioned; 

(ii)  the  conditions  imposed,  if  any,  by  the  local  authority  at  the time  of  the  sanction  of  the 

plan of the said building or premises; and 

(iii)  the  minimum  standards  for  fire  prevention  and  fire  safety  measures  specified  such 

building or premises as may be specified by rules framed under this Act, 

issue  a  notice  to  the  owner  or  occupier  of  such  building  or  premises  stating  therein  the  inadequacy  in 
regard to the fire prevention and fire safety measures in it and direct the owner or occupier to undertake 
measures for rectifying the said inadequacy within such period as he may consider just and reasonable. 

7.  Default  powers  of  the  Chief  Fire  Officer.—(1)  The  Chief  Fire  Officer  shall,  in  the  event  of          

non-compliance of any notice issued under section 4 or section 6, take such steps as may be necessary for 
the compliance of such notice. 

(2)  All  expenses  incurred  by  the  Chief  Fire  Officer  in  relation  to  any  steps  taken  by  him  under              

sub-section (1) shall be payable by the owner or occupier on demand and shall, if not paid within ten days 
after such demand, be recoverable as arrears of land revenue. 

8.  Appeals.—(1)  Any  person  aggrieved  by  any  notice  or  order  of  the  nominated  authority  or  the 
Chief  Fire  Officer  may  prefer  an  appeal  against  such  notice  or  order  to  the  Appellate  Tribunal  within 
thirty days from the date of the notice or order appealed against: 

Provided  that  the  Appellate  Tribunal  may  entertain  an  appeal  after the  expiry  of  the  said  period  of 

thirty days if it is satisfied that there was sufficient cause for not filing it within that period. 

(2) An appeal shall lie to the Administrator against the order of the Appellate Tribunal confirming, 
modifying or annulling a notice or an order issued or made under this Act within thirty days from the date 
of the order of the Appellate Tribunal: 

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Provided that the Administrator may entertain an appeal after the expiry of the said period of thirty 

days if he is satisfied that there was sufficient cause for not filing it within that period. 

(3) An appeal to the Appellate Tribunal or the Administrator shall be made in such form and shall be 
accompanied by a copy of the notice or order appealed against and by such fees as may be specified by 
rules framed under this Act. 

(4) The provisions of section 347C of the Delhi Municipal Corporation Act, 1957 (66 of 1957), and 
the rules made thereunder, shall, so far as may be, apply to the disposal of an appeal under this section as 
they apply to the disposal of an appeal under that Act. 

9. Bar of jurisdiction of courts.—No court shall entertain any suit, application or other proceeding 
in respect of any notice or order under this Act and no such notice or order shall be called in question 
otherwise than by preferring an appeal under this Act. 

10. Penalties.—Whoever contravenes any provision of this Act shall, without prejudice to any other 
action taken against him under section 7, be punishable with imprisonment for a term which may extend 
to six months, or with fine which may extend to fifty thousand rupees, or with both and where the offence 
is a continuing one, with a further fine which may extend to three thousand rupees for every day after the 
first during which such offence continues. 

11.  Offences  by  companies.—(1)  Where  an  offence  under  this  Act  has  been  committed  by  a 
company,  every  person  who,  at  the  time  the  offence  was  committed,  was  in  charge  of,  and  was 
responsible to, the company for the conduct of the business of the company, as well as the company, shall 
be  deemed  to  be  guilty  of  the  offence  and  shall  be  liable  to  be  proceeded  against  and  punished 
accordingly: 

Provided  that  nothing  contained  in  this  sub-section  shall  render  any  such  person  liable  to  any 
punishment if he proves that the offence was committed without his knowledge or that he had exercised 
all due diligence to prevent the commission of such offence. 

(2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been 
committed  by  a  company  and  it  is  proved  that  the  offence  has  been  committed  with  the  consent  or 
connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other 
officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty 
of that offence and shall be liable to be proceeded against and punished accordingly. 

Explanation.—For the purposes of this section,— 

(a) “company” means a body corporate and includes a firm or other association of individuals; 

and 

(b) “director”, in relation to a firm, means a partner in the firm. 

12. Sanction of prosecution.—No court shall proceed to the trial of an offence under this Act, except 

on the complaint of, or upon information received from the nominated authority. 

13.  Jurisdiction.—No  court  inferior  to  that  of  a  Metropolitan  Magistrate  shall  try  an  offence 

punishable under this Act. 

14. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall 
lie against any person for anything which is in good faith done or intended to be done under this Act or 
any rules made thereunder. 

15.  Officer  to  be  public  servant.—Every  officer  acting  under  the  provisions  of  this  Act  shall  be 

deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860). 

16. Power to make rules.—(1) The Administrator may, by notification in the Official Gazette, make 

rules for carrying out the provisions of this Act. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for— 

(a) the height of the building under sub-section (1) of section 3; 

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(b)  the  minimum  standards  for  fire  prevention  and  fire  safety  measures  for  the  purposes  of            

clause (iii) of sub-section (3) of section 6; 

(c)  the  form  in  which  an  appeal  shall  be  made  and  the  fees  that  shall  accompany  such  appeal 

under sub-section (3) of section 8; 

(d) any other matter which is required to be, or may be, provided by rules. 

(3) The Central Government shall cause every rule made under this Act to be laid, as soon as may be 
after it is made, before each House of Parliament, while it is in session, for a total period of thirty days 
which may be comprised in one session or in two or more successive sessions, and if, before the expiry of 
the session immediately following the session or the successive sessions aforesaid, 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. 

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