Manoeuvres, Field Firing and Artillery Practice Act, 1938
No: 5 Dated: Mar, 12 1938
THE MANOEUVRES FIELD FIRING AND ARTILLERY PRACTICE ACT, 1938
ACT NO. 5 OF 1938
An Act to provide facilities for military manoeuvres and for field firing and artillery practice.
WHEREAS it is expedient to provide facilities for military manoeuvres and for field firing and artillery practice;
It is hereby enacted as follows:—
1. Short title and extent.—(1) This Act may be called the Manoeuvres, Field Firing and Artillery Practice Act, 1938.
(2) It extends to the whole of India
CHAPTER I
MANOEUVRES
2. Power of State Government to authorise manoeuvres.—(1) The State Government may, by notification in the local Official Gazette, authorise the execution of military manoeuvres over any area specified in the notification during a specified period not exceeding three months: Provided that the same area or any part thereof shall not ordinarily be so specified more than once in any period of three years.
(2) The State Government shall publish notice of its intention to issue a notification under sub-section (1) as early as possible in advance of the issue of the notification, and no such notification shall be issued until the expiry of three months from the date of the first publication of such notice in the local Official Gazette.
(3) The notice required by sub-section (2) shall be given by publication in the local Official Gazette and shall also be given throughout the area which it is proposed to specify in the notification by publication in the manner prescribed by rules made under section 13, and shall be repeated by like publication one month and one week as nearly as may be before the commencement of the manoeuvres.
3. Powers exercisable for purposes of maneuvers.—(1) Where a notification under sub-section (1) of section 2 has been issued, such persons as are included in the military forces engaged in the manoeuvres may, within the specified limits and during the specified periods,—
(a) pass over, or encamp, construct military works of a temporary character, or execute military manoeuvres on, the area specified in the notification, and
(b) supply themselves with water from any source of water in such area:
Provided that nothing herein contained shall authorise the taking of water from any source of supply, whether belonging to a private owner or a public authority, of an amount in excess of the reasonable requirements of the military forces or of such amount as to curtail the supply ordinarily required by those entitled to the use of such water supply.
(2) The provisions of sub-section (1) shall not authorise entry on or interference with any well or tank held sacred by any religious community or any place of worship or ground attached thereto except for the legitimate purpose of offering prayers or any place or building reserved or used for the disposal of the dead, or any dwelling house or premises attached thereto or any educational institution, factory, workshop or store or any premises used for the carrying on of any trade, business or manufacture or any garden or pleasure ground, or any ancient monument as defined in section 2 of the Ancient Monuments Preservation Act, l904 (7 of 1904).
4. Duty of Officer Commanding to repair damage.—The Officer in Command of the military forces engaged in the manoeuvres shall cause all lands used under the powers conferred by this Chapter to be restored, as soon and as far as practicable, to their previous condition.
5. Right to compensation for damage caused by manoeuvres.—Where a notification issued under section 2 authorises the execution of military manoeuvres compensation shall be payable from the Defence Estimates for any damage to person or property or interference with rights or privileges arising from such manoeuvres including expenses reasonably incurred in protecting person, property, rights and privileges.