Background
The West Bengal Fire Services Act, 1950 was enacted to provide for the establishment and maintenance of fire services in the State, along with the prevention, control, and extinguishment of fires. Over time, the Act has been supplemented by the Fire Prevention and Fire Safety Rules, 2003, which lay down detailed procedures, standards, and obligations for owners, occupiers, and organizers of premises or public events. Together, these provisions aim to ensure structural fire safety, regulate storage and handling of hazardous substances, mandate licensing, and enforce accountability in case of fire-related negligence.`
Applicability
The Act and the 2003 Rules apply across the State of West Bengal for the maintenance of a Fire brigade, for the licensing of warehouses and for certain other matters.
Compliance requirement under the Act & Rule
No premises shall be used for (a) storing, pressing, or keeping hazardous substances (as per Schedule I) in excess of exempted quantity, or (b) processing/keeping hazardous substances (as per Schedule II) in any quantity, unless the owner/occupier has been granted a fire licence under Section 12.
Any person intending to erect a temporary structure or pandal made of materials like straw, hay, grass, mat, canvas, tarpaulin, or plastic sheets, for public assembly, must apply to the Director (or nominated authority) with prescribed fees. Permission cannot be refused if the structure meets prescribed safety conditions.
If an enquiry into a fire incident by the District Magistrate or a State-appointed committee establishes that the fire was due to wilful default or negligence of the owner/occupier, they are liable to compensate every affected person for loss sustained, in addition to facing criminal prosecution.
Whenever a change in occupation occurs in premises requiring a licence under Section 12, the new occupier must give written notice of such change to the Collector within two weeks of taking occupation.
Penalties & Punishment
Non compliance of intimation of change in the occupation of any premises may lead to levy of penalty as deemed fit by the local authority.
Conclusion
Compliance with the West Bengal Fire Services Act, 1950 and the Fire Prevention and Fire Safety Rules, 2003 is mandatory for ensuring fire safety in buildings, premises, and public assemblies. Owners and occupiers are required to obtain licences, maintain fire prevention measures, notify changes in occupation, and compensate victims in cases of negligence. The law establishes both preventive safeguards and punitive measures, thereby promoting accountability and public safety.
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