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Manoeuvres, Field Firing and Artillery Practice Act,1938

Act No : 5


Section : SHORT TITLE AND EXTENT

MANOEUVRES, FIELD FIRING AND ARTILLERY PRACTICE ACT, 1938
5 of 1938
[12th March, 1938]

"To maintain the efficiency of the Army it is necessary-in India, as in every other country, to hold manoeuvres and to practice firing in open country from time to time. Manoeuvres take place over large areas and should preferably be held in different localities every year. Firing practice is of two kinds, either with artillery or with rifles or machine-guns. The latter may be sub-divided again into firing at targets on a rifle range and field firing, or practice in the open country under conditions similar to those of war. Manoeuvres, artillery practice and field firing, all involve, some invasion of private rights and a certain amount of damage to private property, because sufficient waste land for these purposes does not exist within reach of cantonments. It follows also that, in the interests of their safety, it may be necessary to exclude the owners of the land from it for short periods during such operations. At present with the co-operation of the civil authorities, local military authorities come to an agreement with the owners of the land, and pay them compensation for any damage or inconvenience caused. In England, and in most other countries, the military authorities have statutory powers to enable them to carry out the essential operations referred to above; and. a regular procedure is prescribed by law for the assessment and payment of compensation for damage and inconvenience. The Indian practice is not altogether satisfactory from the point of view either of the public or of the Army, and it is felt that the time has come to regularize it by putting it on a legal basis. The object of the Bill is to secure this, legal authority; and its provisions follow closely those of the Military Manoeuvres Act and the Military Lands Act in England."-Gaz. of India, 1936, Part V, page 326.

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 :-

It has been applied to the District of Angul and the Districts of Koraput, the Khondmals and the Ganjam Agency tracts, see Orissa Gaz., 1948, Pt. III, pages 83 and 419 respectively: Angul District is now a sub-division of Dhenkanal district. This Act has been extended to the new Provinces and merged States by the Merged States (Laws) Act, 1949 (59 of 1949),
section 3 (1-1-1950)and to the States of Manipur, Tripura and Vindhya Pradesh by the Union Territories (Laws) Act, 1950 (30 of 1950),section 3 (16-4-1950).'Manipur and Tripura are States now and Vindhya Pradesh has merged with the State of Madhya Pradesh-See Act 37 of 1956,section 9(l)(e). See also Act 81 of 1971,sections 3and4 (30-12-1971).

The Act is extended to the State of Jammu and Kashmir subject to the provisions contained in the Part B States (Laws) Act, 1951 (3 of 1951)-See J. and K. Gaz., 27-12-1951, Pt. III, page 459. Extended to Sikkim-See Gaz. of Ind., 29-7-1983, Pt. II,Section 3(ii), Ext., p. 4 (No. 329). The Act now extends to the Union Territories of:-

(i) Goa, Daman and Diu-See Regn. 12 of 1962 (31-1-1963); Enforced in Goa on 31-1-63, Goa Gaz., 31-1-63, Sr. I, No. 5, p. 31;

(ii) Dadra and Nagar Haveli-See Regn. 6 of 1963 (1-7-1965);

(iii) Pondicherry-See Regn. 7 of 1963 (1-10-1963); and

(iv) Laccadive, Minicoy and Amindivi Islands has been altered. They now are known as Union Territory of Lakshadweep-See Act 34 of 1973,section 3 (1-1 1-1973). [The] Manoeuvres, Field Firing and Artillery Practice Act, 1938 [Ss 1-6] 749

SECTION 01: 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 India1[****].



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