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.

Deadlines set by Police Commissioner Bidari

Filing of compliance status via Annexure A - 15th April 2010

Ensuring compliance with fire safety rules - 30th April 2010

Ensuring compliance of bldgs to approved plan - 30th June 2010

PREAMBLE:

1. 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.

1. It is hereby directed u/s 70 of Karnataka Police Act, 1963, that the owners/lease holders/occupants (in that order) of all buildings with 4 or more storeys, situated in the limits of Commissionerate of Police Bangalore, to check suo motto:

a) Whether their building is constructed and maintained according to the plan approved by the local authority i.e. BCC/BBMP/Municipalities/ Sanitary Boards, as the case may be. (Approval of the local authority includes the approval accorded to certain violations under the provisions of The Karnataka Municipalities Act, 1964 and the Rules made there under.)

b) Whether the building adheres to the guidelines prescribed under The Karnataka Fire Force Act, 1964, The Karnataka Fire Force Rules, 1971 and The Karnataka Fire Force Regulations, 1971.

c) Whether the fire fighting equipments required to be maintained in the building as per the provisions of The Karnataka Fire Force Act, Rules and Regulations are maintained in good working condition as on 1st March, 2010.

d) Whether the Occupancy Certificate has been obtained in respect of the building, as required u/s 160 of The Karnataka Municipalities Act, 1964.

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 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.

This direction is issued under my seal and signature on the 1st Day of March, 2010 at Bangalore City.

(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 :

1. Director General and Inspector General of Police, Karnataka State, Bangalore.
2. 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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