The West Bengal Fire Services Act, 1950: A Comprehensive Overview

(As amended up to date, including the West Bengal Fire Services (Amendment) Act, 2022 and related Rules)

Fire safety is a vital part of public safety in West Bengal, and the West Bengal Fire Services Act, 1950 (Act XVIII of 1950) provides the legal framework for maintaining fire services, preventing fires, enforcing safety measures in buildings, licensing high‑risk activities, and ensuring compliance.

Over time, the Act has been expanded through several amendments—most notably in 1960 (warehouse licensing), 1996 (major expansion for fire prevention and licensing), and through the West Bengal Fire Services (Fire Prevention and Fire Safety) Rules, 2003, which align with the National Building Code.

Many new sections (such as 11A–11F, 23A, etc.) have been inserted, while details like entry powers, cost recovery, and renewal periods are often governed by rules or notifications rather than the Act itself. The department is now officially called the West Bengal Fire and Emergency Services, and although minor updates continued up to 2022, no major overhaul was found in 2017 or 2024.

Importantly, Fire Safety Certificates and NOCs are issued under the Act together with the 2003 Rules, making compliance essential for modern urban and high‑rise development.

1. Preamble and Objectives

The Act aims to:

• Maintain an organised fire-fighting force (now called West Bengal Fire and Emergency Services)
• Prevent and fight fires
• Mandate fire prevention and safety measures in buildings and premises
• Regulate storage of hazardous materials and high-risk activities through licensing
• Empower authorities to inspect, enforce, and act in emergencies
• Impose penalties for violations

2. Key Definitions (Section 2):

Important terms include:

• Director

  – Head of West Bengal Fire and Emergency Services

• Fire-fighting property

  – Includes appliances, equipment, vehicles

• Occupier/ Owner

  – Person responsible for the premises (includes promoters, societies, companies, apartment owners)

• Premises

  – Any building, warehouse, place used for storage or trade

• High-rise building

   hazardous premises, etc. – Detailed in Rules/NBC

3. Establishment of the Fire Service (Sections 3–4A)

• The State Government maintains the West Bengal Fire and Emergency Services with stations across the state.
• Appointment of Director, officers, and firefighters; hierarchy and super-session of local fire brigades.
• Auxiliary fire brigades and a dedicated Fire Prevention Wing (Section 3AA) for inspections.

4. Duties of the Fire Service (Implied in various sections + Rules)

• Attend fires and emergencies (rescue, property protection)
• Inspect premises for fire safety
• Issue Fire Safety Recommendations / Certificates
• Advise on fire prevention and conduct awareness/training

5. Mandatory Fire Prevention & Safety Measures (Sections 11, 11A–11F)

Owners/occupiers of certain premises (high-rise buildings >15m, hotels, hospitals, malls, cinemas, schools, industrial units, warehouses, multiplexes, etc.) must:

• Install and maintain prescribed fire safety equipment (extinguishers, detectors, alarms, sprinklers, hydrants, hose reels, etc.)
• Provide fire exits, staircases, refuge areas, compartmentalisation
• Obtain a Fire Safety Recommendation (before construction) and Fire Safety Certificate (FSC) (before occupancy/operation)
• Renew FSC periodically (usually 3 years for most buildings, 1–5 years based on risk category as per Rules)

15 meters is the general threshold where the specific, stringent fire safety regulations (as defined in the NBC/Rules) kick in for most residential and commercial buildings.

6. Fire Licence for Warehouses & Hazardous Premises (Sections 12–19)

Certain premises storing inflammable/explosive materials require a Fire Licence issued by the Directorate (renewable annually or as specified). No such premises can operate without a valid licence.

7. Inspection & Enforcement Powers (Sections 20–25, 37A etc.)

Authorised Fire Officers may:

Enter and inspect any premises at reasonable times (or anytime if risk is imminent)

Direct installation/remedial measures

Issue notices for defects

Prohibit use or order closure of dangerously unsafe premises

Seal premises in extreme cases

8. Powers During Fire/Emergency (Sections 26–31)

In a fire or imminent danger, officers can:

Enter forcibly (break doors/windows)

Demolish or alter structures to stop fire spread

Use water from any source, control traffic, evacuate people

No liability for bona fide damage; compensation only if negligence proven

9. Expenses Recovery & Insurance (Sections 32–36 area)

Expenses incurred in fighting fire caused by negligence can be recovered from the responsible party.

Owners of certain high-risk premises may be required to insure against fire damage.

10. Rule-Making Power (Section 40)

The State Government has the power to make rules about:

• What kind of equipment and installations must be used, following the National Building Code (NBC)
• The fees, forms, and renewal timelines for fire safety approvals
• Which agencies are licensed to install and maintain fire safety systems
• How different types of buildings are classified based on their fire risk

11. Offences and Penalties (Sections 33–38, as amended and read with latest Rules & Notifications), as per latest rule/notification where applicable

     

For precise statutory backing, the listed offences primarily relate to violations of the mandatory measures detailed in Sections 11, 11A to 11F (for safety systems), and Sections 12 to 19 (for fire licences and hazardous storage).

Notes:

• Many offences can be compounded (settled by paying a compounding fee instead of facing prosecution).
• Penalties have been progressively enhanced through government notifications; the amounts shown are the most commonly applied ceilings as of 2025.
• For high-risk or repeat violations, courts can impose significantly higher fines and longer imprisonment.

12. Appeals (Section 38)

If a Fire Safety Certificate (FSC) or licence is refused, or if a closure order or penalty is issued, the affected party can file an appeal.

• The appeal must be made to the prescribed appellate authority, which is generally the Director of Fire and Emergency Services for initial review, or the State Government/Departmental Secretary for matters concerning refusal of a Fire Licence or higher-level orders.
• It must be filed within 30 to 60 days of the order

Conclusion

The West Bengal Fire Services Act, 1950—supplemented by the Fire Prevention and Fire Safety Rules, 2003 and provisions of the National Building Code—forms the core legal framework governing fire safety in the state. Its focus is preventive, mandating Fire Safety Certificates, licensing obligations, periodic inspections, and modern fire protection systems in high-risk and non-residential buildings. With rapid urbanisation and increasing vertical construction, compliance with this Act is no longer procedural—it is essential to safeguard life, infrastructure, and public safety.