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The Manoeuvres, Field Firing and Artillery Practice Act, 1938

( ACT NO. V OF 1938 )

অধ্যায় এর নাম II

FIELD FIRING AND ARTILLERY PRACTICE

Definitions
8. In this Chapter-
 
 
 
 
(a) “classification firing” means firing practice with small arms, such as pistols, stens, rifles, light and medium machine-guns;
 
 
 
 
(b) “classification range” means a range constructed for the execution of classification firing;
 
 
 
 
(c) “field firing” includes air armament practice;
 
 
 
 
(d) “notified area” means an area defined in a notification issued under sub-section (1) of section 9.
Power of Government to authorise field firing and artillery practice
9. (1) The Government may, by notification in the official Gazette, define any area as an area within which the carrying out of field firing and artillery practice may be authorised.
 
 
(2) The Government may, by notification in the official Gazette, authorise the carrying out of field firing and artillery practice throughout a notified area or any specified part thereof and may, if it thinks fit, specify the period or periods during which such field firing and artillery practice shall be carried out.
 
 
 
 
(3) Before any notification under sub-section (2) is issued, the 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 six weeks from the date of the first publication of the notice in the official Gazette.
 
 
 
 
(4) The notice required by sub-section (3) shall be given by publication in the 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.
Powers exercisable for purposes of field firing and artillery practice
10. (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.
Danger zone adjoining classification range
1[10A. (1) The Government may, by notification in the official Gazette, declare any area adjoining a classification range as a danger zone.
 
 
 
 
(2) Where any area has been declared as a danger zone under sub-section (1), the local Station Commander,-
 
 
 
 
(a) may prohibit construction of, or addition or alteration to, any building or structure except on such conditions as he may, in writing, impose; and
 
 
 
 
(b) shall prohibit entry into, and secure the removal from, such zone of all persons and domestic animals during the times when classification firing is taking place or there is danger to life.]
Compensation
11. The provisions of sections 5 and 6 shall apply in the case of field firing and artillery practice and classification firing 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 or for any loss suffered on account of the restrictions imposed under sub-section (2) of section 10A 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.
Offences
12. (1) Any person who within a notified area, and if any period or periods are specified under sub-section (2) of section 9, then only during such period or periods-
 
 
 
 
(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 Taka.
 
 
 
 
(2) Whoever wilfully contravenes the provisions of sub-section (2) of section 10A, or violates any of the conditions imposed thereunder, shall be punishable with imprisonment for a term which may extend to one month, or with fine which may be extended to fifty Taka, or with both, and any expenses incurred in removing the effects of the offence may be recovered from him in the manner provided by the law for the time being in force for the recovery of fines.
 
 

  • 1
    Section 10A was inserted by section 4 of the Manoeuvres, Field Firing and Artillery Practice (Amendment) Ordinance, 1962 (Ordinance No. LXXV of 1962)
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