Seaward Artillery Practice Act, 1949
No: 8 Dated: Feb, 17 1949
THE SEAWARD ARTILLERY PRACTICE ACT, 1949
ACT NO. 8 OF 1949
An Act to provide facilities for carrying out seaward artillery practice.
WHEREAS it is expedient to provide facilities for carrying out seaward artillery practice;
It is hereby enacted as follows:—
1. Short title, extent and application.—(1) This Act may be called the Seaward Artillery Practice Act, 1949.
(2) It extends to all the States which have a sea coast and applies also to, and to persons on, any vessel which is registered in India or which belongs to any person domiciled in India, wherever it may be.
2. Interpretation.—(1) In this Act, unless there is anything repugnant in the subject or context,—
(a) “notified area” means any part of the area of the sea and the shores adjoining that area which may be specified in this behalf by notification under section 3;
(b) “prescribed” means prescribed by rules made under this Act;
(c) “seaward artillery practice” means artillery practice or coastal firing towards the sea, whether within or beyond the territorial waters and includes air armament practice;
(d) “vessel” includes any ship, boat, country craft or any other description of vessel.
3. Power of Central Government to authorise seaward artillery practice.—(1) The Central Government may, by notification in the Official Gazette, authorise the carrying out of seaward artillery practice over such area and during such period or periods as may be specified in the notification: Provided that there shall be an interval of at least fourteen days between the date of publication of such notification in the Official Gazette and the date of carrying out of seaward artillery practice.
(2) The Central Government shall, as soon as may be, after the publication of a notification under sub-section (1), cause the substance thereof to be published—
(a) in some newspaper circulating in, and in the language commonly understood in, the area specified in the notification; and
(b) in such other manner as may be prescribed.
(3) If any question arises whether the substance of a notification under sub-section (1) was published as required by sub-section (2), a certificate by the Collector of the district in which the notified area is situate that the substance of the notification was so published, shall be conclusive.
3A. Power to delegate.—The Central Government may, by notification in the Official Gazette, direct that the power to issue notification under section 3 shall, subject to such conditions, if any, as may be specified in the notification, be exercisable also by such State Government as may be specified therein.]
4. Powers exercisable for purposes of seaward artillery practice.—(1) After a notification under sub-section (1) of section 3 has been issued, such persons as are included in the forces engaged in seaward artillery practice may within the notified area and during the period or periods specified in the notification—
(a) give directions prohibiting or restricting the use of the notified area or any part thereof including the use of any part of the area of the sea by any vessel, and take such further measures as may be necessary to ensure that no unauthorised person enters, passes over or remains in the notified area or part thereof, as the case may be, during such practice, and
(b) carry out seaward artillery practice with lethal missiles
(2) The Officer Commanding the forces engaged in any such practice may declare any portion of the notified area to be a danger zone, and thereupon the Collector shall, on application made to him by the Officer Commanding the forces engaged in the practice, prohibit the entry into and secure, with the assistance of the naval or military authorities concerned, the removal from such danger zone of any person, property or vessel during the times when the discharge of lethal missiles is taking place or there is danger to life or property.
5. Compensation.—Where by reason of a notification issued under section 3 the carrying out of seaward artillery practice is authorised in any notified area, compensation shall be payable for any damage to person or property or interference with rights or privileges arising from such practice, including expenses reasonably incurred in protecting person, property, rights or privileges.