service, expenses and allowances of persons serving in it; (ii) the manner of admitting persons to civil service; (iii) exercise of disciplinary control over members of the service and power to transfer, suspend, remove or dismiss them in the public interest as and when occasion to do so arises. […]”
(emphasis supplied)
150. Thus, to determine whether the power to enact a legislation is traceable to Entry 41 of the State List, it is necessary to examine whether that legislation contains provisions regulating the recruitment, conditions of service, and exercise of control including power to transfer, and suspend. It is with this approach in mind that we need to examine the Delhi Fire Service Act 2007.
151. The Delhi Fire Service Act 2007[1] was enacted by the Legislative Assembly pf NCTD to provide for “maintenance of a fire service and to make more effective provisions for the fire safety prevention and fire safety measures in certain buildings and premises in the National Capital Territory of Delhi and the matters connected therewith.” The Delhi Fire Service Act 2007 is a comprehensive Act which replaced three legislations or, as the case may be, rules which operated in NCTD:
a. The United Provinces Fire Safety Act 1944, as extended to Delhi. The Act was notified by the Governor of the United Provinces in exercise of the powers assumed by him under a Proclamation issued under Section 93 of the Government of India Act 1935. The Act was enacted to constitute and
- ↑ Delhi Fire Service Act 2007, Delhi Act 2 of 2009
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