THE SEAWARD ARTILLERY PRACTICE ACT, 1949 
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ARRANGEMENT OF SECTIONS 
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SECTIONS 

1.  Short title, extent and application. 
2.  Interpretation. 
3.  Power of Central Government to authorise seaward artillery practice. 
3A. Power to delegate. 
4.  Powers exercisable for purposes of seaward artillery practice. 
5.  Compensation. 
6.  Method of assessing compensation. 
7.  Offences. 
8.  Protection of action taken under this Act. 
9.  Power to make rules. 

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THE SEAWARD ARTILLERY PRACTICE ACT, 1949 
ACT NO. 8 OF 19491 

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. 

[17th February, 1949.] 

(2) It extends to all the States 2* * * 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. 

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4[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— 

1. This Act has been extended to— 

Goa, Daman and Diu with modifications by Reg. 12 of 1962, s. 3 and the Schedule (w.e.f. 31-1-1963) and comes into force in 
Pondicherry vide Reg. 7 of 1963, s. 3 and Schedule I (w.e.f. 1-10-1963). 
The whole of the Union territory of Lakshadweep vide Reg. 8 of 1965, s. 3 and the Schedule (w.e.f. 1-10-1967). 

2. The words “and Acceding States of India” omitted by the A.O. 1950. 
3. Omitted by the Adaptation of Laws (No. 3) Order, 1956. 
4. Subs. by Act 3 of 1973, s. 2, for section 3 (w.e.f. 21-1-1978). 

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(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. 

6.  Method  of  assessing  compensation.—(1)  For  the  purpose  of  determining  the  amount  of  any 
compensation payable under section 5, the Collector of the district in which any notified area is situate 
shall depute one or more Revenue Officers to accompany the forces engaged in the practice. 

(2) The Revenue Officer so deputed shall consider all claims for compensation under section 5 and 
determine,  on  local  investigation  and  after  affording  the  claimant  an  opportunity  of  being  heard,  the 
amount of compensation, if any, which shall be awarded in each case; and shall disburse on the spot to the 
claimant compensation so determined as payable. 

(3) Compensation payable under sub-section (2) shall include compensation for the removal from any 
portion  of  a  notified  area  declared  to  be  a  danger  zone  of  any  person,  property  or  vessel  and  for  any 
damage sustained in the course of any such removal. The compensation for removal will be disbursed on 
the spot at not less than the minimum prescribed rates before the removal is enforced. 

(4) Any claimant dissatisfied with the 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 one 
month  of  the  communication  to  him  of  the  decision  of  the  Revenue  Officer,  prefer  an  appeal  to  the 
Collector against the decision. 

(5) The decision of the Collector on such appeal shall be final and no suit shall lie in any civil Court 

in respect of any matter decided by the Collector under this section. 

(6)  No  fee  shall  be  charged  in  connection  with  any  claim,  notice,  appeal,  application  or  document 

filed before the Revenue Officer or the Collector under this section. 

7. Offences.—If within a notified area and during any period specified in a notification issued under 

sub-section (1) of section 3, any person— 

(a) wilfully obstructs or interferes with the carrying out of seaward artillery practice, or 

(b) without due authority enters or remains in any camp, or 

(c)  without  due  authority  enters  or  remains  in  any  area  declared  to  be  a  danger  zone  at  a  time 

when entry thereto is prohibited, or 

(d) without due authority interferes with any flag or mark or target or buoy or any apparatus used 

for the purposes of seaward artillery practice, 

shall be punishable with fine which may extend to twenty rupees or with imprisonment which may extend 
to fifteen days, or with both. 

8.  Protection  of  action  taken  under  this  Act.—(1) No suit, prosecution or other legal proceeding 
shall lie against any person for anything which is in good faith done or intended to be done in pursuance 
of this Act or any rules made thereunder. 

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(2)  Except  as  otherwise  provided  in this  Act,  no  suit  or  other legal  proceeding  shall  lie against  the 
Central Government or the State Government in respect of any damage caused or likely to be caused by 
anything in good faith done or intended to be done in pursuance of this Act or any rules made thereunder. 

1[9.Power to make rules.—(1) The Central Government may, by notification in the Official Gazette, 
make rules for giving effect to the provisions of this Act and different rules may be made for different 
States or for different areas thereof. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(a) the manner in which the substance of a notification under section 3 may be published; 

(b)  regulating  the  use  under  this  Act  of  the  notified  area  for  seaward  artillery  practice  in  such 
manner as to secure the public against danger, and to enable the practice to be carried out with the 
minimum inconvenience to the inhabitants of the area affected; 

(c) the minimum rates at which compensation shall be payable under sub-section (3) of section 6, 
and generally regarding the making of claims for compensation, the procedure to be followed by the 
authorities granting the compensation, the expeditious settlement of claims and the filling of appeals 
from original awards of compensation; 

(d) the principles to be followed in assessing the amount of compensation to be awarded under 

this Act; 

(e) any other matter which is required to be, or may be, prescribed. 

(3) Every rule made under this section shall be laid, as soon as may be after it is made, before each 
House of Parliament, while it is in session, for a total period of thirty days which may be comprised in 
one session or in two or more successive sessions, and if, before the expiry of the session immediately 
following the session or the successive sessions aforesaid, both Houses agree in making any modification 
in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only 
in such modified form or be of no effect, as the case may be; so, however, that any such modification or 
annulment shall be without prejudice to the validity of anything previously done under that rule.] 

1. Subs. by Act 3 of 1973, s. 3, for section 9 (w.e.f. 21-1-1978). 

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