The Seaward Artillery Practice Act, 1949

Act no. 8 of 1949 i.e. The Seaward Artillery Practice Act, 1949 being Central Government enactment has received assent on 17th February, 1949. The Act was to give facilities for carrying out seaward artillery practice. As per section 1 of the Act, the Act is extended to the States having sea coast and it is applied to the persons and vessels which are registered in and belonging to the persons in, India, irrespective of its location.

The Central Government is empowered to authorize the carrying of seaward artillery practice over the specified area and for period specified in the notification, by which such authorization is to be made, however there should be a gap of at least 14 days in notifying such authorization. Also it is required to publish the substances of such notification in the newspaper of concerned locality and in other prescribed manner. The Central Government is further empowered to direct the delegation of power to notify the aforementioned authorization, to the State Government by its notification which is to be published in the Official Gazette.

The persons included in the Forces engaged in seaward artillery practice, after the notification of aforementioned authorization, is empowered to provide directions to prohibit or restrict the use of notified area, etc. and to carry out seaward artillery practice. Similarly, the Officer Commanding the forces engaged in any such practice can declare danger zone any portion of the notified area. And on such declaration and on the application made by such Officer, the Collector should prohibit the entry into such danger zone and also should secure the removal of any person, property, etc. from such danger zone by taking assistance of the naval or military authorities concerned.

Provisions as to payment of Compensation is provided for any damage to person or property or by reason of interference with rights or privileges arising from Seaward artillery practice which is authorized as aforesaid, including expenses incurred reasonably while protecting such person, property, rights or privileges. Provisions are also made for determining compensation.

So far as regarding penal provisions, the section 7 defines several offences and punishments thereof. The maximum punishment is 15 days imprisonment or 20 rupees fine or with both imprisonment and fine.

Immunity provisions under section 8 says that if anything is done by any person in good faith or in pursuance with the provisions of the Act of 1949 and rules made under this Act, no suits or other proceedings should be maintained. Rule making power of the Central Government is provided under section 9 of the Act of 1949. Such Rules are to be for carrying on the purpose of the Act and on other matters provided under this provision.