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REGISTERED NO. D 28

The Gazette of India

EXTRAORDINARY

PUBLISHED BY AUTHORITY

NEW DELHI, THURSDAY, FEBRUARY 17, 1949

PART IV

Act of the Dominion Legislature assented to by the Governor General

GOVERNMENT OF INDIA.

MINISTRY OF LAW

New Delhi, the 17th February, 1949

The following Act of the Dominion Legislature received the assent of the Governor-General on the 17th February, 1949 and is hereby published for general information —

ACT NO. VIII OF 1949.

An Act to provide facilities for carrying out seaward artillery practice.

WHEREAS it is expedient to provide facilities for carrying out seaward artil- lery practice;

It is hereby enacted as follows:— 1. Short title, extent and application.—(I) This Act may be called the Sea- ward Artillery Practice Act, 1949.

(8) It extends to all the Provinces and Acceding States of India 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.—(I) 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 noti- fication 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 des- cription of vessels

(2) In the application of this Act to any Acceding State—

(a) all references to the Provincial Government shall be construed as references to the Government of the Acceding State, and

(b) all references to the Collector or other authority entrusted with any functions by or under this Act or to the official Gazette shall be

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construed as references to such appropriate officer, authority or ..official publication as may be specified in this bchaii by the Government o± the Acceding (State.

3. Fewer of Provincial Government to authorise seaward artillery practice.—* (1) The Provincial Government may, by notification in the official Gazette, authorise the carrying out of seaward¹ artillery praotioe over any area speoifled in the notification during am specified period or periods.

(2) Before, issuing a notification under sub-sectiou (I), the Provincial Govern- ment shall cause to b* published in the manner provided in sub-section (3) notio* of its. intention NO to do, and no such notification shall bo issued until the expiry of two months from the date of the" first publication of the notice in the official Gazette. .

(3) The notice required by eub-section (#) shall be given—.

(a) by publication in the official Gazette, and

(fe) by publication m some newspaper circulating in and in the huigu.ige lomiuonly understood in the area-proposed to be specified and al&o by '""eat of drums or m such other manner as may bo prescribed.

(4) If any" question arises whether the notioe referred to in sub-section (3) wae given as required by that sub-section, a certificate by the Collector that the notice was BO given shall be conclusive.

4. Powers exerclaable for purposes of seaward artillery practice.—(I) After a notification under nub-section (I) of section U has been issued, such persons as are included in the foicej e u ^ ed in seaward artillery praotice may within the notified area and dining the period or periods specified in the notification—-

(a) yne dircotioiib prohibiting or restricting the use of the notified

affording the claimant an opportunity of being heard, the amount of compen- sation, 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 (#) shall include compensa- tion 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 dis- bursed 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 Eevenue ^Officer to award him compensation or with tha amount of compensation awarded to him by the ilevenue Offioer, may, at any time within one month of the communication to him of the decision of the Eevenue 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) ISo fee shall be charged in connection with any claim, notice, appeal, application or' document filed before the Bevenue Officer or the Collector under this section.

7. Oflencea—If within a notified area and during any period speoifled in a notification issued under aub-saction (1) of section 8, toy person—.

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

flhall be punishable with fine which may extend to twenty rupees or with Imprisonment which may extend to fifteen days, or witk 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 mien made thereunder.

J S) Except as otherwise provided in this Act, no suit or other legal pro- ling shall lie against the Central Government or the Provincial Govern- ment 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.

9. Power to make rules.—The Provincial Government may, after con- sultation with the local military and naval authorities and the authorities, if any, of any port in any notified area, by notification in the offloial Gazette, make rules—

(a) prescribing the manner In which the notices referred to in sub- section (3) of seotion 8 may be given;

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

(c) prescribing the minimum rates at which compensation shall be payable under sub-flection (3) of section 6, and generally regarding the making of claims for compensation, the prooedure to be followed by th"- authorities granting the compensation, the expeditious settlement oi olaims and the filing of appeals from original awards of compensation;

(

K. V. K. SUNDARAM, Secy, to the Govt. of India-