#THE MANOEUVRES FIELD FIRING AND ARTILLERY PRACTICE ACT, 1938 
_________ 

##ARRANGEMENT OF SECTIONS 
__________ 

SECTIONS 

1. Short title and extent. 

##CHAPTER I 

###MANOEUVRES 

2. Power of State Government to authorise manoeuvres. 
3. Powers exercisable for purposes of maneuvers. 
4. Duty of Officer Commanding to repair damage. 
5. Right to compensation for damage caused by manoeuvres. 
6. Method of assessing compensation. 
7. Offences. 

##CHAPTER II 

###FIELD FIRING AND ARTILLERY PRACTICE 

8. Definitions. 
9. Power of State Government to authorise field firing and artillery practice. 
10. Powers exercisable for purposes of field firing and artillery practice. 
11. Compensation. 
12. Offences. 

##CHAPTER III 

###GENERAL 

13. Power to make rules. 



#THE MANOEUVRES FIELD FIRING AND ARTILLERY PRACTICE ACT, 1938 

##ACT NO. 5 OF 1938

[12th March, 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. 

6. **Method of assessing compensation.**—(1) The Collector of the district in which any area utilised 
for the purpose of manoeuvres is situated shall depute one or more Revenue Officers to accompany the 
forces  engaged  in  the  manoeuvres  for  the  purpose  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  manoeuvres  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  member  of  the 
commission, and the chairman of the commission shall have a casting vote in the case of an equal division 
of opinion. 

  (6) The decision of the commission shall be final and no suit shall lie in any Civil Court in respect of 
any matter decided by the commission. 

  (7) No  fee  shall  be  charged  in  connection  with  any  claim,  notice,  appeal,  application  or  document 
filed before the Revenue Officer, Collector or the commission under this section. 

7. **Offences.**—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 manoeuvres, 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 manoeuvres, 

he shall be punishable with fine which may extend to ten rupees. 

##CHAPTER II 

###FIELD FIRING AND ARTILLERY PRACTICE 

8. **Definitions.**—In this Chapter— 

  (a) “field firing” includes air armament practice; 

  (b) “notified area” means an area defined in a notification issued under sub-section (1) of 
section 9. 

9. **Power  of  State  Government  to  authorise  field  firing  and  artillery  practice.**—(1)  The  State 
Government may, by notification in the local Official Gazette, define any area as an area within which for 
a  specified  term  of  years  the  carrying  out  periodically  of  field  firing  and  artillery  practice  may  be 
authorised. 

  (2) The  State  Government  may,  by  notification in the  local  Official  Gazette, authorise the  carrying 
out of field firing and artillery practice throughout a notified area or any specified part thereof during any 
period or periods specified in the notification. 

  (3) Before any notification under sub-section (2) is issued, the State Government shall publish notice 
of its intention to issue such notification as early as possible in advance of the issue of the notification, 
and  no  such  notification  shall  be  issued  until  the  expiry  of  two  months  from  the  date  of  the  first 
publication of the notice in the local Official Gazette. 

  (4) The notice required by sub-section (3) shall be given by publication in the local Official Gazette 
and shall also be given throughout the notified area by publication in some newspaper circulating in and 
in the language commonly understood in that area and by beat of drum and by affixation in all prominent 
places  of  copies  of  the  said  notice  in  the  language  of  the  locality  and  in  such other  manner  as  may  be 
prescribed by rules made under section 13 and shall be repeated by like 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. 

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 manoeuvres: 

  Provided  that  the  provisions  of  sub-section  (2)  of  section  3  shall  not  debar  entry  into,  or 
interference with, any place specified in that sub-section, if it is situated in an area declared to be a 
danger zone under sub-section (2) of this section, to the extent that may be necessary to ensure the 
exclusion from it of persons and domestic animals: 

  Provided further that in the case of a dwelling house occupied by women adequate warning shall 
be given through a local inhabitant and entry shall be effected after such warning in the presence of 
two respectable inhabitants of the locality. 

  (2) The Officer Commanding the forces engaged in any such practice may, within the notified area or 
specified  part  thereof,  declare  any  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 the removal from such danger zone of all persons and domestic animals during the times 
when the discharge of lethal missiles is taking place or there is danger to life or health. 

11. **Compensation.**—The provisions  of  sections  5  and  6  shall  apply  in  the  case  of  field  firing  and 
artillery practice as they apply in the case of military manoeuvres: 

  Provided that the compensation payable under this section shall include compensation for exclusion 
or  removal  from  any  place  declared  to  be  a  danger  zone  of  persons  or  domestic  animals,  such 
compensation  to  be  disbursed  at  not less than the minimum rates prescribed by rules made under 
section 13 before the exclusion or removal is enforced, and shall also include compensation for any loss 
of employment or deterioration of crops resulting from any such exclusion or removal. 

12. **Offences.**—If, during any period specified in a notification issued under sub-section (2) of 
section 9, any person within a notified area— 

  (a) wilfully obstructs or interferes with the carrying out of field firing or 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 any apparatus used for the 
purposes of the practice, 

he shall be punishable with fine which may extend to ten rupees. 

##CHAPTER III 

###GENERAL 

13. **Power to make rules.**— (1) The  State  Government  may,  by  notification in the  local  Official 
Gazette, make rules— 

  (a) prescribing the manner in which the notices required by sub-section (2) of section 2 and 
sub-section (3) of section 9 shall be published in the areas concerned; 

  (b) regulating the use under this Act of land for manoeuvres or field firing and artillery practice in 
such manner as to secure the public against danger and to enable the manoeuvre, or practice, to be 
carried out without interference and with the minimum inconvenience to the inhabitants of the areas 
affected; 

  (c) regulating the procedure of the Revenue Officers and commissions referred to in section 6 in 
such manner as to secure due publicity regarding the method of making claims for compensation and 
preferring appeals from original awards of compensation, the expeditious settlement of claims and of 
appeals and the payment of compensation so far as possible direct to the claimants; and 

  (d) defining the principles to be followed by the Revenue Officers and commissions referred to in 
section 6 in assessing the amount of compensation to be awarded. 

(2) Every rule made by the State Government under this Act shall be laid, as soon as may be after it 
is made, before the State Legislature.