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Date
01-03-2010
GOVERNMENT OF KARNATAKA
POLICE DEPARTMENT
PROCEEDINGS
OF THE COMMISSIONER OF POLICE
BANGALORE CITY.
SUB : Issue
of directions u/s 70 of The Karnataka Police Act, 1963 in fulfillment
of the duties cast on the Police
u/s 68 Sub Section F of The Karnataka Police Act,
1963.
PREAMBLE :
On
23rd
February, 2010, fire broke out in a high rise
building called Carlton Towers,
in the limits of Jeevanbheema
Nagar Police Station limits in Bangalore City
wherein 9 persons died due to the fire and 60 persons
were injured apart from substantial loss to property.
During the course of the investigation, it has
been revealed that the owner of the high rise building
did not adhere to the building plan as approved by the
Bruhat Bangalore Mahanagara Palike and effected
within the building violations, which rendered the fire
safety measures required to be maintained ineffective,
resulting in serious difficulties to the fire personnel
in controlling and extinguishing the fire and in saving
the precious human lives. During the course of the investigation,
it is also revealed that he has not constructed and maintained
the building according to the plan approved by the Bruhat
Bangalore Mahanagara Palike.
2. Reliable information has been received
by the undersigned that there are a large number of buildings
in the limits of Commissionerate
of Police, Bangalore City, wherein deviations have been
effected by the owners/lease-holders/occupants/associations
of the occupants in the building, in gross violation of
the building plan approved by the local authority i.e.,
Bruhat Bangalore Mahanagara Palik, etc. It has also come to the notice of the
undersigned, that in large number of buildings wherein
open spaces approved in certain floors/parts of the building
were built up and used for commercial/residential purpose
without approval of the local authority i.e., Bruhat
Bangalore Mahanagara Palike, in gross
violation of the plans approved u/s 187 of The Karnataka
Municipalities Act, 1964.
3. The information also has been received
by the undersigned that a large number of buildings are
used for residential and commercial purposes without obtaining the Occupancy Certificate, as required
u/s 190 of The Karnataka Municipalities Act, 1964. These acts on the part of certain individuals/partnership
firms and private and public companies, lease holders/occupants
including associations of occupants) will give scope for
serious man-made calamities in the event of fire breaking
out either accidentally or due to mischief, in these buildings.
4. Information also has been received by
the undersigned that in high rise buildings, the rules
and regulations to be followed as per the Fire Safety
Rules under the provisions of The Karnataka Fire Force
Act, 1964, The Karnataka Fire Force Rules, 1971 and The
Karnataka Fire Force Regulations, 1971, are not being
followed.
5. U/s 68 (f) of The Karnataka Police Act,
it is the duty of every Police Officer to use his best
endeavours to prevent any loss or damage by fire.
6. In view of the above facts and in fulfillment
of the duties cast on the Police u/s 68 Sub Section (f)
of the Karnataka Police Act, 1963, it is necessary that
certain directions are required to be issued to the members
of the public for strict compliance in the interest of
public order and public safety. Hence, the following Order:-
ORDER NO. MAG(2)/AM/6/2010-11 DATED 1ST MARCH, 2010.
2. It is further directed, that all owners/lease-holders/occupants
of all the buildings situated in the limits of Commissionerate
of Police, Bangalore City, after checking the above aspects
in respect of their buildings, on their own or with such
assistance from private individuals, private security
agencies or the local Fire Force or Municipal Authorities
and if their particular building is constructed and maintained
in accordance with the plan approved by the local authority
and has obtained Completion Certification u/s 190 of The
Karnataka Municipalities Act, 1964, and has followed The
Karnataka Fire Force Act, 1964, The Karnataka Fire Force
Rules, 1971 and The Karnataka Fire force Regulations,
1971, and if all the fire fighting equipments required
to be maintained are in good working condition as on 1st
March, 2010, they will intimate the same to the Police
Inspector of the jurisdictional Police Station by 15th
April, 2010, in the proforma –
A annexed to this order.
They may download the proforma
Annexure “A” from the website www.bcp.gov.in and
they may send the compliance by email also to the email
address of the concerned Police Inspector in charge of
the Police Station.
3. If, after check done by the owners/lease-holders/occupants
of the building, it is found that:
a)
The building is not constructed and maintained
according to the plan approved by the local authority
i..e, BCC/BBMP/Municipal Corporation/
Sanitary Board, they will take immediate steps to ensure
that the building is modified to confirm to the approved
plan as early as possible and latest by 30th
June, 2010.
b)
If they have
not adhered to the regulations prescribed for the building
in The Karnataka Fire Force Act, 1964, The Karnataka Fire
Force Rules, 1971 and The Karnataka Fire force Regulations,
1971, they will take immediate action to adhere to the
provisions of these Act, Rules and Regulations, by 30th April, 2010.
c)
If the firefighting
equipments required to be maintained by them according
to the Fire Force Act, Rules and Regulations, are not
maintained, they will take immediate action to maintain
fire fighting equipments, as required to be maintained
by them in good working condition, by 30th April, 2010.
d)
If, any building
is occupied either for residential purpose or commercial
purpose or any other purpose, without obtaining Occupancy
Certificate/Completion Certificate as required u/s 190
of The Karnataka Municipalities Act, 1964, they will take
immediate necessary action to vacate the building and
to maintain the building in a vacant state until they
obtain Completion Certificate/Occupancy Certificate, as
required u/s 190 of The Karnataka Municipalities Act,
1964.
4. The responsibility for adhering with these
instructions will rest with the following in that order,
a)
Owner of the building who is either
occupying the building or collecting rent from the building
in the first place.
b)
If the building has been given on lease
by the owner, it will be the responsibility of the lease-holder.
c)
If the building has been purchased by
a person other than the owner and the building is in possession
of the owner, it will be the responsibility of the person
occupying, and the concerned Association of the occupants,
in the third place.
5. The above mentioned directions should
be scrupulously and promptly complied with by all persons
mentioned above, whether owners/lease-holders or occupants
of buildings with 4 or more storeys,
situated in the limits of the Commissionerate of Police, Bangalore City.
6. Any person disobeying these directions
will be liable for prosecution and penalty u/s 112 of
The Karnataka Police Act, 1963.
He will also be liable for punitive action under
Sections 338, 304 (A) and 304 of the Indian Penal Code
in the event of fire mishap in the building.
,
(SHANKAR BIDARI)
Commissioner of Police,
Bangalore City.
To
1.
All concerned members of the public through
the Police Inspectors in charge of Police Stations in
Bangalore City
and Media.
2.
Police Inspectors of all Police Stations including
Traffic Police Stations in Bangalore City
for strict enforcement.
3.
All ACPs in charge
of Sub Divisions including Traffic Sub Divisions in Bangalore City.
4.
All DCPs in Bangalore
City
including Traffic/Crime/Intelligence/PRO.
5.
Jt. Commissioner of Police, Crime.
6.
Addl. Commissioners of Police, Admn./Law and Order/Traffic/CAR.
Copy with compliments for information
to :
- Director General and Inspector
General of Police, Karnataka
State, Bangalore.
- Addl.
Chief Secretary, Home Department, Government of Karnataka,
Vidhana Soudha, Bangalore.
ANNEXURE-A TO ORDER NO.
MAG(2)/AM/6/2010-11 DATED 1ST
MARCH, 2010 ISSUED BY THE COMMISSIONER OF POLICE,
BANGALORE CITY.
To
The Police Inspector,
…………………..Police Station,
BANGALORE CITY. (By
e-mail or post or muddam)
Sir,
In accordance with the directions
issued vide Order No.MAG(2)/AM/6/2010
dated 1st March, 2010 issued by the Commissioner
of Police, Bangalore City, I herewith report as follows:
2. I am the owner/lease holder/occupant
of the below mentioned building having ……………..
storeys.
3.
The address of the building is as follows:
4. a)This building
is constructed and maintained according to the plan approved
by the
local authority i.e., BCC/BBMP/Municipal Corporation/Sanitary
Board.
b)
The building has complied with the provisions
of The Karnataka Fire Force Act, 1964, The Karnataka Fire
Force Rules, 1971 and The Karnataka Fire force Regulations,
1971.
c)
All the fire fighting equipments required
to be maintained according to the provisions of The Karnataka
Fire Force Act, 1964, The Karnataka Fire Force Rules,
1971 and The Karnataka Fire force Regulations, 1971, is
maintained in good working condition as on 1st
March, 2010.
d)
The Occupancy Certificate, as required
u/s 190 of The Karnataka Municipalities Act, 1964 is obtained
and a photocopy of the same is herewith enclosed.
Kindly acknowledge receipt of
this report.
Yours faithfully,
(Owner/Lease-Holder/Occupant of the building)
.
ACKNOWLEDGEMENT
Received report
required to be given vide Commissioner of Police, Bangalore
City Order No.MAG(2)/AM/6/2010
dated 1st March, 2010
in respect of 4 storey or more storeys
building having the address as follows:
Police
Inspector,
……………………P.S.
Bangalore
City.
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