Permission requirements needed for fire license of temporary structures and
pandals in West Bengal need to obtained under Sec. 23A of the West Bengal Fire
Services Act, 1950. All temporary structures are to be constructed as per
Temporary Structure's Rules - 2003.
The West Bengal Fire Services Act, 1950
Chapter 1V A of the Act deals with temporary structures and pandals. Section 23A
23A. Erection of temporary structures or pandals:
- A person who intends to erect a temporary structure or pandal with roof or walls made of straw, hay,
ulu grass, golpata, hogla, darma, mat, canvas [tarpaulin, ploythene sheets and
high density polythene] or other like material [in an area where this Act is in
force], for use as a place where members of the public may assemble, shall apply
to the Director [or the superior nominated authority along with the prescribed
fees] for permission to erect such structure or pandal and such permission shall
not be refused if the structure or pandal conforms to the conditions that may be
prescribed in this behalf [and the fee as may be prescribed in this behalf is
[Provided that the State Government may prescribe by rules the essential
requirements of a 'Fire Safety Certificate' in respect of any class or classes
of temporary structures or pandals.]
- No structure or pandal referred to in sub-section (1) shall be erected:
- Unless it conforms to the conditions referred to in sub-section (1) [and
the fee referred to in sub-section (1) is paid]; and
- Unless permission of the Director [or the superior nominated authority]
has been granted under sub-section (1) :
Provided that where no order granting or refusing the permission is made within
such period as may be prescribed in this behalf, the structure or pandal may be
erected if it conforms to the conditions referred to in sub-section (1).
For the purpose of the above proviso, different periods may be
prescribed for different kinds of structures and pandals.
Under Chapter V of the Act which deals with penalties, Section 23B talks about
dismantling of temporary structures and pandals. Section 33A gives a penalty for
erecting a structure in contravention to 23A. They are as follows:
23B. Dismantling of temporary structure or pandal:
The Director or the
superior nominated authority with the assistance of the local authority and
under police protection shall dismantle a temporary structure or pandal erected
in contravention of the provisions of sub-section (1), and the cost of such
dismantling shall be charged to the person who so erects the temporary structure
or pandal, as the case may be.
33A. Penalty for erecting structure, etc., in contravention of section 23A:
Any person who erects any structure or pandal in contravention of the provisions
of sub-section (2) of section 23A, shall be punishable, on conviction [* * * *],
[with fine not exceeding [(fifty thousand)] rupees or with imprisonment for a
term which may extend to six months or with both, and with further fine not
exceeding [(three thousand)] rupees for each day] during which such
The West Bengal Fire Services (Temporary Structure and Pandals) Rules 2003
- Rule 2(c) defines a temporary structure or pandal.
- Rule 3 mandates permission from the Director General or superior
nominated authority when an application is made through form A along with
documents such as layout plan and certificate from licensed electrician
- Rule 4 lays down the various conditions to be fulfilled for erecting a
structure or pandal.
- Rule 5 lays down the manner for granting permission to erect structure
and prescribes the requisite fees.
- Rule 6 prescribes a period of 15 days to grant or refuse permission for
erection or structure or pandal.
The Bihar Fire Service Act, 2014 regulates permission requirements needed for
fire license of temporary structures and pandals in Bihar.
Section 2(e) describes €śerector of pandal: As a person or an
association of persons, whether corporate or otherwise, who erects or makes a pandal or any structure for occupation of people on a regular or temporary
Section 2(y) describes Pandal: To mean a temporary structure with
roof or walls made of straw, hay, ulu grass, golpatta, hogla, derma, mat,
canvas, cloth or other like material which is not adopted for permanent or
S.26 of the Act deems erectors of pandals to be self -regulators. A director or
nominated authority may inspect the premises and direct changes in the same. An
IO has the power to seal the pandal in case of non- compliance. Moreover,
defaulters are punishable under Section 52 of the Act.
The section reads as
26. Fire prevention and fire Safety measures in the pandals to be self
- Notwithstanding anything contained in this Act, the erectors of pandals
shall be deemed to be self -regulators for taking fire prevention and fire
safety measures prescribed under sub-section (2) of Section 25
- The erector of a pandal shall display at a prominent place in the pandal a
declaration in the prescribed form and under his own signature to the effect
that he has taken all the prescribed fire prevention and fire safety measures
- It shall be lawful for the Director, nominated authority or any other
officer authorized by the Government or Director General in this behalf to
enter and inspect the pandal with a view to verify the correctness of the declaration
so made by the erector under sub-section (2) and to point out the shortcomings,
if any, with directions to remove them within a specified time. If the
directions of the inspecting officer are not complied with within the time so
given, the inspecting officer shall seal the pandal.
- Any erector of a pandal who falsely declares that he has complied with the
prescribed fire prevention and fire safety measures in the pandal shall be
deemed to have committed an offence punishable under Section 52 of this Act.
Section 27 of the act empowers a director to direct the removal of
encroachments, objects or goods which are a fire hazard or cause obstruction to
fire fighting and in case of non-compliance by defaulter, have the matter be
adjudicate by the Sub-Divisional Magistrate. Persons aggrieved by the order have
a right to approach an appellate authority.