FIRE SERVICES ACT 1988

This Act shall come into operation on a date to be appointed by the Minister by notification in the Gazette; and different dates may be appointed for the coming into operation of this Act, or of different provisions of this Act, in Peninsular Malaysia, Sabah and Sarawak respectively.

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Interpretation

any unlawful alteration to any building such as might render escape from any part thereof in the event of a fire materially more difficult or less easy than it would be if the alteration had not been made;

the overcrowding of any place of public entertainment or public gathering such as might render escape from any part thereof in the event of a fire difficult;

any removal or absence from any building of any fire-fighting equipment or fire safety installation that is required by law to be provided in the building;

the presence within or outside any building of any fire-fighting equipment or fire safety installation or any facility, installed in accordance with the requirement of any written law or as required by the Fire and Rescue

Department, that is not in efficient working order;

inadequate means of exit from any part of a building to any place, whether within or outside the building, that provides safety to persons in the event of a fire; or

any other matter or circumstance that materially increases the likelihood of a fire or the danger to life or property that would result from the outbreak of a fire, or that would materially hamper the Fire and Rescue Department in the discharge of its duties in the event of a fire;

“calamity” means an occurrence by which life or property is or is likely to be endangered;

“prescribed” means prescribed by regulations made under this

Act;

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“Committee” means the Fire Services Department Welfare Fund

Committee established under section 48a;

“fire-fighting equipment or fire safety installation” means any equipment or installation for—

extinguishing, fighting, preventing or limiting a fire;

giving warning of a fire;

providing access to any premises or place or to any part thereof for the purpose of extinguishing, fighting, preventing or limiting a fire;

providing emergency power supply in the event of normal power failure;

providing emergency lighting for purposes of escape from buildings;

giving direction towards an escape route or place of refuge;

providing adequate and safe egress for the purpose of evacuation or exit of occupants in the event of fire; or

controlling the spread of smoke resulting from a fire;

“vehicle” has the meaning assigned to it in the Road Transport

Act 1987 [Act 333];

“Director General” means the Director General of Fire and

Rescue appointed pursuant to subsection 3(2);

“Fund” means the Fire Services Department Welfare Fund established under section 48;

“contravention” includes failure to comply, and “contravene”

has a corresponding meaning;

“court” means a court of a Magistrate of the First Class;

“State” includes the Federal Territory;

“notice” means a notice in writing;

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“Voluntary Fire Brigade” means a Voluntary Fire Brigade established under section 4B;

“Fire Officer” means a person employed in the Fire and Rescue

Department to perform duties in the performance of which he is required or permitted to wear a uniform;

“Auxiliary Fire Officer” means an Auxiliary Fire Officer appointed under section 4;

“authorized officer” means the Director General and any Fire

Officer or Auxiliary Fire Officer authorized by the Director

General in writing to act under the provisions of this Act;

“Senior Fire Officer” means a Fire Officer of any rank from and including that of Director General down to and including that of Assistant Fire Superintendent;

“owner”, in relation to any premises, means—

the registered proprietor of the premises;

if the registered proprietor of the premises cannot be traced, his agent or trustee;

if the registered proprietor of the premises is dead, his legal personal representative;

if none of the persons mentioned in paragraphs (a), (b)

and (c) exists, the person who for the time being is receiving the rent of the premises, whether on his own account or as an agent or trustee of another person or as a receiver, or who would be receiving the rent if the premises were let;

“Registrar” means the Director General;

“Director” includes a State Director;

“State Director” means a Director of Fire and Rescue appointed for a State pursuant to subsection 3(3);

“fire certificate” means a fire certificate issued by the Director

General under subsection 29(4);

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“closing order” means an order made under section 13 that prohibits such use of any premises as is specified in the order, the use of which may materially increase the likelihood of a fire or the danger to life or property resulting from the outbreak of a fire in or on the premises or other premises;

“water authority” means any person or body who is authorized or required under any written law to supply water and to levy charges for such supply;

“premises” includes messuages, houses, buildings or part of a building, lands, tenements, easements and hereditaments of any tenure, whether open or enclosed, whether built on or not, whether public or private, and whether maintained or not under statutory authority;

“designated premises” means premises the use, size or location of which has been designated under section 27 for the purpose of issuance of a fire certificate;

“special duty” means any duty or service rendered by any Fire

Officer, Auxiliary Fire Officer or Voluntary Fire Officer, other than fire-fighting or emergency duties, as authorized by the Director

General under section 50;

“vessel” includes every kind of steam or sailing vessel, hulk, junk, boat, sampan or any kind of raft used for the conveyance of persons or things by water or for storage.

There shall be a Director General of Fire and Rescue and such number of Deputy Directors General of Fire and Rescue,

Directors of Fire and Rescue, and other Senior Fire Officers and

Fire Officers as may be necessary for the effective and efficient functioning of the Department.

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There shall be a Director of Fire and Rescue for each of the States of Malaysia.

The appointment of the Director General and of every

Deputy Director General and Director shall be published in the

Gazette.

Every Fire Officer shall be subject to the control and direction of the Director General.

The ranks of Fire Officers, Auxiliary Fire Officers and

Voluntary Fire Officers are as set out in the Second Schedule.

The Minister may, by order published in the Gazette, amend the Second Schedule.

Auxiliary Fire Officers

The Director General may promote an Auxiliary Fire

Officer.

Auxiliary Fire Officers shall not be paid any remuneration other than such allowances as the Minister may, with the concurrence of the Minister of Finance, prescribe.

Auxiliary Fire Officers shall be subject to the immediate control and direction of the respective State Directors.

An Auxiliary Fire Officer shall be deemed to be a public servant within the meaning of the Penal Code [Act 574].

Voluntary Fire Officers 4a. (1) The Director General may, with the concurrence of the

Minister, appoint such number of Voluntary Fire Officers on such terms and conditions as may be prescribed.

The Director General may promote a Voluntary Fire

Officer.

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The Director General may terminate the appointment made under subsection (1).

Voluntary Fire Officers shall not be paid any remuneration other than such allowances as the Minister may, with the concurrence of the Minister of Finance, prescribe.

Voluntary Fire Officers shall be subject to the immediate control and direction of the Director General.

Establishment of Voluntary Fire Brigade 4b. (1) A Voluntary Fire Brigade consisting of at least two

Voluntary Fire Officers may apply to be registered with the

Registrar.

The Registrar may, after considering the application under subsection (1), approve or reject the application.

The Registrar shall, when approving the registration of the Voluntary Fire Brigade, assign a fire cover to the Voluntary

Fire Brigade.

For the purpose of this section, “fire cover” means an area where rescue and support is made available in the event of a fire.

Registrar, Deputy Registrar and Assistant Registrar 4c. (1) The Registrar shall maintain a register of Voluntary Fire

Officers and a register of Voluntary Fire Brigades.

The register shall contain—

The Registrar may appoint a Deputy Registrar and such number of Assistant Registrars from amongst the Fire Officers who shall be subject to the direction and control of the Registrar.

The Registrar shall have the powers and exercise the functions conferred on him by this Act, and in his absence such powers and functions may be exercised by the Deputy Registrar.

The Deputy Registrar or the Assistant Registrar may exercise all the powers and functions conferred on the Registrar by or under this Act subject to any restriction that may be imposed by the Registrar.

Appeal 4d. Where an appointment of an Auxiliary Fire Officer or a

Voluntary Fire Officer is terminated by the Director General, an appeal may be made to the Minister, as prescribed.

Duties of Fire and Rescue Department

the taking of lawful measures for—

extinguishing, fighting, preventing and controlling fires;

the making of investigations into the cause, origin and circumstances of fires; and

performing humanitarian services, including the protection of life and property in any calamity.

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The Fire and Rescue Department may, in addition to its duties under subsection (1), perform such other duties as may be imposed on it by law or as the Minister may direct it to perform.

Uniform and identification card

Every Fire Officer and Auxiliary Fire Officer shall be issued with an identification card in the prescribed form.

Exercise of powers and performance of duties

Subject to the provisions of subsection (1) and subject to such conditions or restrictions as the Director General thinks fit, the Director General may, in writing, delegate the exercise of any of his powers or the performance of any of his duties under this Act to any Fire Officer, and where the Director General acts under this subsection, he shall specify the territorial limits and the duration of the delegated jurisdiction.

The exercise of powers or the performance of duties delegated under subsection (2) shall be subject to the control and direction of the Director General.

Conferment of medal or honorary rank 7a. The Director General may determine matters relating to the conferment of medal or honorary rank to any person as he deems fit.

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Standing orders 7b. The Director General may issue standing orders for the general control, direction and information of Fire Officers, Auxiliary Fire

Officers and Voluntary Fire Officers under this Act.

on the person by reason of whose act, default or sufferance the fire-hazard arose or continues, if he is the occupier of the premises at the time the notice is to be served;

or

if the person by reason of whose act, default or sufferance the fire-hazard arose or continues is not the occupier of the premises at the time the notice is to be served or is not known, on the owner of the premises; or

if the owner of the premises cannot readily be ascertained or found or is absent from Malaysia, on the occupier of the premises regardless of whether he is the person by reason of whose act, default or sufferance the fire-hazard arose or continues, a fire-hazard abatement notice in Form A in the First Schedule requiring him to abate the fire-hazard within the period specified in the notice, and to do all such things as may be necessary for that purpose; and the notice may, if the Director General thinks fit, specify any work to be executed for that purpose.

If the Director General considers that the fire-hazard is likely to recur, he may also, by the fire-hazard abatement notice under subsection (1) or by a subsequent fire-hazard abatement notice in

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notice is served to do whatever is necessary for preventing the recurrence of the fire-hazard to which the notice relates and, if the Director General thinks it desirable, specify any works to be executed for that purpose; and a notice containing such a requirement may be served notwithstanding that the fire-hazard to which it relates may for the time being have been abated.

Power of Director General to abate fire-hazard in vacant or unoccupied premises

constitutes an immediate and substantial danger of fire in the premises; or

is likely, if a fire breaks out in the premises, to increase substantially the risk to life or property that would normally arise in the event of a fire, the Director General may cause to be carried out in the premises such work as appears to him to be necessary to abate the fire-hazard and to prevent a recurrence thereof.

Closing order

that person fails to comply with any of the requirements of the notice within the time specified therein; and

the fire-hazard, although abated since the service of the notice, is, in the opinion of the Director General, likely to recur in the same premises, and the Director General is of the opinion that it is necessary to prohibit any use of the premises that may materially increase the likelihood of a fire or the danger to life or property resulting from the outbreak of a fire in or on the premises or other premises, the Director General may, by way of a complaint, apply to a court for a closing order.

Upon receipt of a complaint and an application for a closing order under subsection (1), the court shall serve a notice in Form C in the First Schedule on the owner or occupier of the premises, or on both, calling on them to show cause why a closing order should not be made; and if cause is not shown by either the owner or occupier or both, the court may make such an order.

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A closing order shall be in Form D in the First Schedule and shall be served on both the owner and occupier of the premises in question.

Upon the application by the owner or occupier of premises, or upon being informed by the Director General, the court, if satisfied that the premises in respect of which a closing order is in force have been rendered suitable for the use specified in the order, may revoke the closing order.

Any person who without reasonable excuse knowingly contravenes a closing order shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to both and shall also be liable to a further fine of one hundred ringgit for each day during which the offence is continued after the conviction.

Appeals against closing order or refusal to make closing order

Where the court refuses to make a closing order, the

Director General may, within ten days of the decision of the court, appeal to the High Court against the decision.

An appeal against a closing order shall not operate as a stay of execution but the court may, on application and on sufficient cause being shown, grant stay of execution on such terms as it may think fit.

Disposal of property removed by Director General

Any property removed under subsection (1) may be taken into the custody of the Director General for a period not exceeding seven days within which time the owner shall have the right to claim such property upon payment of expenses incurred by the Director General.

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Upon the failure of the owner to make a claim, the

Director General may apply to the court for an order for the sale or disposal of such property.

The money arising from the sale of any property may be retained by the Director General and applied in payment of the expenses incurred by him in connection with the abatement, or the prevention of the recurrence, of the fire-hazard, and the surplus, if any, shall be paid to the owner of the property.

Recovery of expenses incurred in carrying out work under section 11

from the person by reason of whose act, default or sufferance the fire-hazard arose or continued, if he was the occupier of the premises at the time the work was commenced;

if the person by reason of whose act, default or sufferance the fire-hazard arose or continued was not the occupier of the premises at the time the work was commenced or is not known, from the owner of the premises; or

if the owner of the premises cannot readily be ascertained or found or is absent from Malaysia, from the occupier of the premises at the time the work was commenced regardless of whether he is the person by reason of whose act, default or sufferance the fire-hazard arose or continued.

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Nothing in this section shall be construed as affecting any right that the person from whom expenses may be recovered under subsection (1) may have to any contribution, indemnity or damages from any other person.

Powers of Fire Officers or Auxiliary Fire Officers on occasion of fire

take such measures as appear to him to be necessary or expedient for the protection of life and property;

remove any person interfering by his presence or actions with the operations of the Fire and Rescue Department;

enter, break into or through, and take possession of or demolish, or cause to be taken possession of or demolished, any premises, place or thing for the purpose of putting an end to the fire or protecting the premises, place or thing from the fire, or for rescuing any person or thing;

close any street near the site of the fire or control the traffic or crowd in any such street;

use any convenient supply of water;

remove or direct the transfer of flammable, explosive or hazardous material within or in the vicinity of the premises;

shut off or disconnect or direct any person having the control thereof to shut off or disconnect any energy supply including gas supply, fuel supply or electricity supply within or in the vicinity of the premises; and

remove, by force if necessary, any vehicles or objects obstructing the operations of the Fire and Rescue

Department.

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The powers conferred by subsection (1) may, to such extent as may be necessary, be exercised where a fire is reasonably believed to have broken out or to have occurred.

For the purpose of paragraph (1)(e), no payment shall be imposed by any person or water authority on the Fire and

Rescue Department for the use of water in carrying out their duties under this Act.

Power to obtain information 18a. (1) For the purpose of paragraph 5(1)(b), a Fire Officer may, by notice in writing served on a person, require the person—

Any person who fails to comply with subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one thousand ringgit.

Powers of Fire Officers in emergencies not involving fire

Any direction issued under subsection (1) shall be made in writing and shall be binding on the person to whom the direction is given.

Any person who fails to comply with any direction given under subsection (1) shall be guilty of an offence.

Notice of works affecting fire hydrants

All fire hydrants shall be rendered in good working condition upon the completion of any works carried out by any person under subsection (1).

Any works in or around the vicinity of a fire hydrant affecting access to the fire hydrant, the position of the fire hydrant in relation to the existing edge of the road, or alignment of the outlet to the level of the road shall be deemed to be works affecting a fire hydrant.

Any person who contravenes subsection (1) or (2) shall be guilty of an offence.

Duty of water authority to notify the State Director of any action affecting the flow of water to a fire hydrant

Any person who refuses to allow the fixing of any such plate as is referred to in subsection (1) or obstructs any person in the course of the fixing thereof or removes or defaces any such plate after it has been fixed shall be guilty of an offence.

Concealment and misuse of fire hydrants

Where a part of any premises constitutes designated premises, any other part of the said premises shall be treated as forming part of the designated premises.

Fire safety organization in designated premises 27a. (1) The owner, occupier or person having the overall management of the designated premises shall establish a fire safety organization.

Any owner, occupier or person having the overall management of the designated premises who fails to comply with subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both.

Requirement of fire certificate

A fire certificate shall be renewable annually.

Subsection (1) shall not apply to premises appropriated to, and used solely or mainly for, public religious worship, or premises consisting of or comprised in a house that is occupied as a single private dwelling:

Provided that if in the opinion of the Director General there exists in the premises mentioned in this subsection any fire-hazard, the Director General may require such premises to be subject to periodic inspection and any necessary direction may be issued to the owner of such premises for due compliance of the provisions of this Act.

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Application for, and issuance of, fire certificate

On receipt of an application for a fire certificate in respect of any designated premises, the Director General may require the applicant, within a specified time, to furnish him with such plans of the premises and any other relevant particulars as he may specify.

If the applicant fails to furnish the required plans and the relevant particulars within the specified time, the application shall be deemed to have been withdrawn.

Where an application for a fire certificate has been duly made, the Director General shall cause to be carried out an inspection of the designated premises and, on being satisfied that there exists adequate fire-fighting equipment or fire safety installation in relation to the use of the designated premises, the

Director General shall issue a fire certificate in respect of the premises subject to such conditions as he thinks fit to impose or which may be prescribed.

Where the Director General, after causing to be carried out under subsection (4) an inspection of the relevant premises, is not satisfied that there exists such adequate fire-fighting equipment or fire safety installation in relation to the use of the designated premises as aforesaid, he shall, by notice served on the applicant, inform him of the requirements to be complied with within a specified time before the fire certificate can be issued to the applicant.

In this section, “applicant” means the owner, occupier or the person having the overall management of the designated premises.

Form of fire certificate

Where the occupier of any designated premises proposes to make a material change to the premises while a fire certificate is in force in respect thereof, he shall, before the carrying out of the proposals is begun, give notice of the proposals to the

Director General; and if the carrying out of the proposals is begun without such notice having been given, the occupier shall be guilty of an offence.

If the Director General is satisfied, as regards any premises with respect to which a notice under subsection (2) has been given to him, that the carrying out of the proposals notified would result in any of the fire-fighting equipment or fire safety installation mentioned in subsection (1) becoming inadequate in relation to any use of the premises covered by the relevant fire certificate, the Director General may by notice served on the occupier inform him of the steps that would have to be taken to prevent the fire-fighting equipment or fire safety installation in question from becoming inadequate in the event of the proposals being carried out and, if those steps are duly taken in connection with the carrying out of the proposals, the Director General shall amend the fire certificate or, on the payment of the prescribed fee, issue a new one.

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If the Director General is satisfied, as regards any premises with respect to which a fire certificate is in force, that any of the fire-fighting equipment or fire safety installation mentioned in subsection (1) have, in consequence of a change of conditions, become inadequate in relation to any use of the premises covered by the certificate, the Director General may by notice served on the occupier—

Any person who fails to comply with the direction given by the Director General under paragraph (4)(a) shall be guilty of an offence.

Offence in relation to fire certificate

by the refusal of the Director General to issue a fire certificate under subsection 29(4);

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by any decision made by the Director General under subsection 32(3) or (4), may, within twenty-one days of the notification of such refusal or decision, appeal in writing to the Minister whose decision thereon shall be final.

Court’s power to prohibit or restrict use of certain premises

Upon receipt of a complaint and an application for a prohibitory order under subsection (1), the court shall serve a notice in Form E in the First Schedule on the owner or occupier of the premises, or on both, calling on them to show cause why a prohibitory order should not be made; and if cause is not shown by either the owner or occupier or both, the court may make such an order prohibiting or restricting the use of the said premises.

A prohibitory order shall be in Form F in the First

Schedule and shall be served on both the owner and occupier of the premises in question.

Upon the application by the owner or occupier of the premises for revocation of the prohibitory order or upon being informed by the Director General that the risks have been reduced to a reasonable level, the court, if satisfied that the premises in respect of which a prohibitory order is in force would not pose any serious risk to person or property in case of fire, may revoke the prohibitory order.

Any person who without reasonable excuse knowingly contravenes a prohibitory order shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both and shall also be liable to a further fine of one hundred ringgit for each day during which the offence is continued after the conviction.

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Power of Director General to order activity to cease in cases of urgency 35a. (1) Notwithstanding any of the provisions of this Act, where the Director General is satisfied that—

An order to cease activity shall be in Form G and shall be served on both the owner and occupier of the premises.

Any person who fails to comply with an order of the

Director General made under subsection (1) shall be guilty of an offence.

Appeal against order of Director General to cease activity 35b. (1) An owner or occupier who is dissatisfied with an order to cease activity made by the Director General under subsection 35a(1) may, within ten days of the making of the order, appeal to the High Court.

An appeal against an order to cease activity shall not operate as a stay of execution, but the court may, on application and on sufficient cause being shown, grant a stay of execution on such terms as it may think fit.

Appeals against prohibitory order or refusal to make prohibitory order

Where the court refuses to make a prohibitory order, the Director General may, within ten days of the decision of the court, appeal to the High Court.

An appeal against a prohibitory order shall not operate as a stay of execution, but the court may, on application and on sufficient cause being shown, grant stay of execution on such terms as it may think fit.

ascertaining whether there is, or has been, on or in connection with the premises, any contravention of any provision of this Act;

obtaining such information concerning the premises as is required for fire-fighting purposes, including the water supplies available to or at the premises and the means of access to such water supplies;

ascertaining whether there exists any fire-hazard in or affecting the premises;

making any inquiry which he considers necessary in relation to any matter within the provisions of this Act;

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exercising any power or performing any duty of the

Director General under any other written law for the exercise or performance of which no power of entry is given by such law.

No private dwelling shall be entered by virtue of this section between the hours of seven in the evening and seven in the morning.

Before entering any premises by virtue of this section, an authorized officer shall display to the occupant thereof, if any, his identification card and, in the case of an authorized officer other than the Director General, the written authorization of the

Director General and it shall be lawful for the occupant of the premises to deny entry to an authorized officer or to eject him from the premises if, on demand by the occupant, he fails or refuses to produce the said identification card and, as the case may be, authorization.

An authorized officer shall leave any vacant or unoccupied premises that he has entered by virtue of this section as effectively secured against trespassers as he found them to be at the time of entry.

Restriction on disclosure of information

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whom he reasonably suspects to have committed any other offence under this Act if the person refuses to furnish his name and address or furnishes an address out of

Malaysia or there are reasonable grounds for believing that he has furnished a false name and address or that he is likely to abscond.

Where any person has been arrested pursuant to subsection (1)

by an authorized officer, the officer making the arrest shall comply with section 28 of the Criminal Procedure Code

[Act 593] as if he were a police officer.

Power of investigation

Every person required by an authorized officer to give information or produce any document or other article relating to the commission of such offence which is in the person’s power to give shall be legally bound to give the information or to produce the document or other article.

Power to require attendance of witnesses

If any such person fails to attend as so required, such officer may report such failure to a Magistrate who may thereupon in his discretion issue a warrant to secure the attendance of such person as required by such order aforesaid.

A person attending as required under subsection (1) shall be entitled to be paid the reasonable travelling and subsistence expenses incurred by him; and it shall be lawful for the Director

General to pay such expenses.

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Examination of witnesses

Such person shall be bound to answer all questions relating to such case put to him by such officer:

Provided that such person may refuse to answer any question the answer to which would have a tendency to expose him to a criminal charge or penalty or forfeiture.

A person making a statement under this section shall be legally bound to state the truth whether or not such statement is made wholly or partly in answer to questions.

An authorized officer examining a person under subsection (1) shall first inform that person of the provisions of subsections (2) and (3).

A statement made by any person under this section shall, whenever possible, be reduced into writing and signed by the person making it or affixed with his thumb-print, as the case may be, after it has been read to him in the language in which he made it and after he has been given an opportunity to make any corrections he may wish.

Conduct of prosecution

Sections 8, 9, 11, 12, 13, 14, 15, 19, 21 and 22 of the

Commissions of Enquiry Act 1950 [Act 119] shall, with the necessary modifications and to such extent as may be applicable, apply to an inquiry under subsection (1) and to any person holding the inquiry as if the inquiry and the person were respectively an inquiry and a Commissioner under that Act.

Taking possession of premises and other property damaged or destroyed by fire

Where possession of any premises or a part of any premises has been taken by the Director General under subsection (1), the Director General may, wherever necessary, cause a barrier or barriers to be put up around the premises or part thereof.

The Director General shall thereafter post up notices, in such positions that a person approaching the premises or part from any direction will be able to notice one of the notices by the time he reaches any or any part of the barriers, informing the public that possession of the premises or part has been taken by the Fire and Rescue Department and that entry into the premises or part is prohibited.

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Unauthorized presence in premises possession whereof has been taken under section 46

The Fund shall consist of—