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Manoeurses, Field Firing and Artillery Practice Act, 1938 Preamble 1

Title: Manoeurses, Field Firing and Artillery Practice Act, 1938

State: Central

Year: 1938

THE MANOEURSES, FIELD FIRING AND ARTILLERY PRACTICE ACT, 1938 [Act, No. 5 of 1938] [AS ON 1955] [12th March, 1938] PREAMBLE An Act to provide facilities for military manoeuvres and forfield 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:--

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Manoeurses, Field Firing and Artillery Practice Act, 1938 Section 1

Title: Short Title and Extent

State: Central

Year: 1938

(1) This Act may be called the Manoeuvres, Field Firing and Artillery Practice Act, 1938. (2) It extends to the whole of India{The words " except Part B States " were omitted by Act 3 of 1951,section3 and Sch.}

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Manoeurses, Field Firing and Artillery Practice Act, 1938 Chapter I

Title: Manoeuvres

State: Central

Year: 1938

.....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. Section 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.. Section 5 - Right to compensation for damage caused by manceuvres Where a notification issued under section 2 authorises the execution of military manceuvres compensation shall be payable from the Defence Estimates for any damage to person or property or interference with rights or privileges arising from such maneuvres including expenses reasonably incurred in protecting person, property, rights and privileges. Section 6 - Method of assessing compensation (1) The Collector of the district in which any area utilised.....

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Manoeurses, Field Firing and Artillery Practice Act, 1938 Section 2

Title: Power of State Government to Authorise Manoeuvres

State: Central

Year: 1938

(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.

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Manoeurses, Field Firing and Artillery Practice Act, 1938 Section 3

Title: Powers Exercisable for Purposes of Maneuvers

State: Central

Year: 1938

.....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.

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Manoeurses, Field Firing and Artillery Practice Act, 1938 Section 4

Title: Duty of Officer Commanding to Repair Damage

State: Central

Year: 1938

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..

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Manoeurses, Field Firing and Artillery Practice Act, 1938 Section 5

Title: Right to Compensation for Damage Caused by Manceuvres

State: Central

Year: 1938

Where a notification issued under section 2 authorises the execution of military manceuvres compensation shall be payable from the Defence Estimates for any damage to person or property or interference with rights or privileges arising from such maneuvres including expenses reasonably incurred in protecting person, property, rights and privileges.

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Manoeurses, Field Firing and Artillery Practice Act, 1938 Section 6

Title: Method of Assessing Compensation

State: Central

Year: 1938

.....of determining the amount of any compensation payable under section 5. (2) The Revenue Officer shall consider all claims for compensation under section 5 and determine, on local investigation and where possible after hearing the claimant, the amount of compensation, if any, which shall be awarded in each case ; and shall disburse on the spot to the claimant the compensation so determined as payable. (3) Any claimant, dissatisfied with a refusal of the Revenue Officer to award him compensation or with the amount of compensation awarded to him by the Revenue Officer, may, at any time within fifteen days from the communication to him of the decision of the Revenue Officer, give notice to the Revenue Officer of his intention to appeal against the decision. (4) Where any such notice has been given, the Collector of the district shall constitute a commission consisting of himself as chairman, a person nominated by the Officer Commanding the forces engaged in the manceuvres and two persons nominated by the District Board, and the commission shall decide all appeals of which notice has been given. (5) The commission may exercise its powers notwithstanding the absence of any.....

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Manoeurses, Field Firing and Artillery Practice Act, 1938 Section 7

Title: Offences

State: Central

Year: 1938

If, within the area and during the period specified in a notification under sub-section (1) of section 2, any person-- (a) wilfully obstructs or interferes with the execution of the manceuvres, or (b) without due authority enters or remains in any camp, or (c) without due authority interferes with any flag or mark or any apparatus used for the purposes of the manceuvres, he shall be punishable with fine which may extend to ten rupees.

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Manoeurses, Field Firing and Artillery Practice Act, 1938 Chapter II

Title: Field Firing and Artillery Practice

State: Central

Year: 1938

.....publication one week as nearly as may be before the commencement of the period or of each period specified in the notification : Provided that the fact of the said beat of drum and affixation shall be verified in writing by one headman and two other literate inhabitants of the locality and provided further that such notice by the beat of drum shall be given seven and two days as nearly as may be before the commencement of such field firing and artillery practice. Section 10 - Powers exercisable for purposes of field firing and artillery practice (1) Where a notification under sub-section (2) of section 9 has been issued, such persons as are included in the forces engaged in field firing or artillery practice may, within the notified area or specified part thereof during the specified period or periods,-- (a) carry out field firing and artillery practice with lethal missiles, and (b) exercise, subject to the provisions of sections 3 and 4, any of the rights conferred by section 3 on forces engaged in military manceuvres : Provided that the provisions of sub-section (2) of section 3 shall not debar entry into, or interference with, any place specified in that.....

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