Law4u - Made in India

The Seaward Artillery Practice Act, 1949

Year of Passage: 1949 | Type: Bare Act

Section 1 Short title, extent and application.

(1) This Act may be called the Seaward Artillery PracticeAct, 1949. (2) It extends to all the States 2* * * which have a sea coast and applies also to, and to persons on, anyvessel which is registered in India or which belongs to any person domiciled in India, wherever it may be.

Section 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 whichmay 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, whetherwithin or beyond the territorial waters and includes air armament practice; (d) "vessel" includes any ship, boat, country craft or any other description of vessel. 1* * * * *

Section 3 Power of Central Government to authorise seaward artillery practice.

1[3. Power of Central Government to authorise seaward artillery practice.--(1) The CentralGovernment may, by notification in the Official Gazette, authorise the carrying out of seaward artillerypractice 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 ofsuch 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 undersub-section (1), cause the substance thereof to be published-- (a) in some newspaper circulating in, and in the language commonly understood in, the areaspecified 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 publishedas required by sub-section (2), a certificate by the Collector of the district in which the notified area issituate that the substance of the notification was so published, shall be conclusive.]

Section 3A Power to delegate.

1[3A. Power to delegate.--The Central Government may, by notification in the Official Gazette, directthat the power to issue notification under section 3 shall, subject to such conditions, if any, as may bespecified in the notification, be exercisable also by such State Government as may be specified therein.]

Section 4 Powers exercisable for purposes of seaward artillery practice.

(1) After a notification undersub-section (1) of section 3 has been issued, such persons as are included in the forces engaged inseaward artillery practice may within the notified area and during the period or periods specified in thenotification-- (a) give directions prohibiting or restricting the use of the notified area or any part thereofincluding the use of any part of the area of the sea by any vessel, and take such further measures asmay be necessary to ensure that no unauthorised person enters, passes over or remains in the notifiedarea 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 thenotified area to be a danger zone, and thereupon the Collector shall, on application made to him by theOfficer Commanding the forces engaged in the practice, prohibit the entry into and secure, with theassistance of the naval or military authorities concerned, the removal from such danger zone of anyperson, property or vessel during the times when the discharge of lethal missiles is taking place or there isdanger to life or property.
PREMIUM OFFLINE ACCESS

Unlock More Sections Offline

Access complete schedules, rules, forms, and recent amendments offline anywhere, anytime. Carry India's entire Bare Act Library in your pocket.

Download Law4u App Available on Android & iOS