Military Manoeuvres Enactment, 1905

by State Councils of the states of Federated Malay States

Layout 2

MILITARY MANŒUVRES.

Perak.	Selangor.	Negri Sembilan.	Pahang.
E. 12 of 1905	E. 5 of 1905	E. 4 of 1905	E. 4 of 1905
26.10.1905	3.4.1905	5.6.1905	6.6.1905
3.11.1905	28.4.1905	30.6.1905	1.7.1905

An Enactment to facilitate Military Manœuvres and Firing Exercises.

It is hereby enacted by His Highness the Sultan in Council as follows:

Short title and commencement. 1. This Enactment may be cited as “The Military Manœuvres Enactment, 1905,” and shall come into force upon the publication thereof in the Gazette.

Power to authorize execution of manœuvres. 2. Subject to the provisions of this Enactment it shall be lawful for the Officer Commanding the Troops in the Federated Malay States to authorize the execution of military manœuvres for training purposes in any part of the State and at any time of the year.

Notice of manoeuvres. 3. (i) Whenever the number of troops to be engaged in such manœuvres exceeds five hundred notice in writing shall be given to the Secretary to the Resident at least one month before the date on which it is proposed to execute such manœuvres, specifying the date of the commencement of such manœuvres, the period not exceeding three months during which and approximately the limits within which such manœuvres are to be executed. Such notice shall also specify a date not earlier than one month from the conclusion of the manœuvres within which claims for compensation arising from the putting in force the provisions of this Enactment shall be sent to an officer to be named in such notice and called the Compensation Officer.

Publication of notice. (ii) The Secretary to the Resident shall cause copies of such notice to be posted in every village and at other convenient places within the limits therein mentioned at least fourteen days before the day named for the commencement of such manœuvres.

When no notice is necessary (iii) Whenever the number of troops to be engaged in such manœuvres does not exceed five hundred no such notice as in the first sub-section mentioned shall be necessary. Provided that where no such notice is given the military manœuvres shall not extend beyond a period of forty-eight hours.

Powers of persons engaged in manœuvres . 4. When any military manœuvres are being executed under this Enactment such persons as are engaged in the manœuvres may within the limits specified in such notice, if any, as aforesaid and during the specified period:—

(a) Pass over and encamp, construct military works not of a permanent character and execute military manœuvres on any land;

(b) Supply themselves with water from any sources of water public or private and for that purpose dam up any running water: provided that such damming does not interfere with any trade or industry and that nothing in this Enactment shall authorize the taking of water from any source of supply belonging to a private owner or public authority except subject to the supply shewn to be required by those entitled to use such water supply.

Provided always that nothing in this Enactment shall authorize entry on or interference with any dwelling house, place of worship, school, factory, store, or premises used for the carrying on of any business or manufacture or any ground attached to any place of worship or school or any premises enclosed within the curtilage of or attached to any dwelling house.

Compensation for damage. 5. Full compensation shall be made by the Officer Commanding the Troops in the Federated Malay States for any damage to persons or property or interference with rights or privileges arising from putting in force any of the provisions of this Enactment whether or not occasioned by the acts or defaults of the forces engaged in the manœuvres, including therein all expenses reasonably incurred in protection of person, property, rights, and privileges, and any damage by reason of excessive weight or extraordinary traffic caused to any highway for the repair of which any public body or any individual is responsible. Such compensation shall be paid to all persons who send in their claims to the Compensation Officer named in such notice as aforesaid within the period named in such notice or, if there is no such notice, to the Revenue Auditor within one month from the conclusion of the manœuvres.

Arbitration in case of disagreement. 6. If the amount of compensation is not settled by agreement between the Compensation Officer and the claimant or between the Revenue Auditor and the claimant, as the case may be, the difference between them shall be referred to arbitration and the sending in of a claim for compensation shall be treated as a reference to arbitration under “The Civil Procedure Code, 1902,” and the reference shall be to two arbitrators having power to appoint an umpire under the provisions of that Enactment.

Offences. 7. (i) If during the continuance of any military manœuvre under this Enactment any person—

(a) Wilfully and unlawfully interferes with the execution of the manœuvres;

(b) Without due authority enters or remains in any camp;

he shall be liable on summary conviction to a fine not exceeding twenty dollars, and he and any animal or vehicle under his charge may be removed by any police officer or by order of any commissioned officer of the forces engaged in the manœuvres.

(ii) If during the continuance of such manœuvres any person—

(a) Without due authority moves any flag or other mark distinguishing for the purposes of the manœuvres any lands; or

(b) Maliciously cuts or damages any telegraph or telephone wire laid down by or for the use of the forces engaged in the manœuvres;

he shall be liable on summary conviction to fine not exceeding fifty dollars.

manœuvres not to be held in catchment area of waterworks. 8. No military manœuvres shall be executed and no military encampment made on any land forming part of the catchment area in connection with the impounding reservoir of any public waterworks or on any land set apart for the collection of water for the supply of any public waterworks.

Manœuvring and firing grounds. 9. It shall be lawful for the Resident-General from time to time by proclamation to declare—

(a) That any area specified in such proclamation shall be a manœuvring ground;

(b) That any area specified in such proclamation shall be a firing ground;

and from time to time in like manner to declare that any such area. or part of such area shall cease to be a manœuvring ground or a firing ground as the case may be.

Powers of Officer Commanding Troops with respect to manœuvring ground. 10. (i) The Officer Commanding the Troops in the Federated Malay States shall have the following powers in respect of any manœuvring ground so declared under this Enactment—

(a) He may at any time direct military manœuvres to be carried on within the manœuvring ground without giving the notice required by Section 3 hereof;

(b) He may exercise with respect to the performance of manœuvres within the manœuvring ground all the powers vested in him for the purpose of military manœuvres by Section 4 hereof.

(ii) All the provisions hereinbefore contained with regard to-

(a) The powers exercisable for the purpose of military manœuvres;

(b) Compensation for damage and assessment of compensation;

(c) Offences;

shall be applicable to all manœuvres carried on in and over the manœuvring ground.

Powers of Officer Commanding Troops with respect to firing ground. 11. (i) The Officer Commanding the Troops in the Federated Malay States shall have the following powers in respect of any firing ground so declared under this Enactment—

(a) He may at any time cause firing exercises of any kind or experiments in gunnery or any act or practice incidental to such exercises or experiments or any other military exercise to be carried out within the firing ground giving not less than twenty-four hours’ notice thereof to the occupiers of land in or over which such exercises, experiments, acts, or practices are to take place by the hoisting of a red flag in a conspicuous position within the firing area.

(b) He may cause to he removed all or any buildings within the firing ground or any trees or other things which may hinder or interfere with the full exercise of the rights given by this Enactment and may prohibit the erection of any new building within the firing ground.

(ii) All the provisions hereinbefore contained with regard to―

(a) The powers exercisable with regard to military manoeuvres ;

(b) Compensation for damage and assessment of compensation;

(c) Offences;

shall be applicable to any military exercise carried on in and over the firing ground.

Rules for firing grounds. 12. (i) It shall be lawful for the Officer Commanding the Troops from time to time to make Rules and Regulations for securing the safety of the public during the use of the firing ground for the purposes of military exercises and he may by such Rules and Regulations among other things―

(a) Exclude all persons not engaged in the military exercises from the whole or any part of the firing ground while such exercises are being carried on;

(b) Regulate the conduct of any persons permitted to be within the firing ground while such exercises are being carried on.

(ii) All such Rules and Regulations shall be published in the Gazette and shall not have any force until they have been so published.

Copies of such Rules and Regulations in English, Malay, and Chinese shall be posted in at least three conspicuous places within the firing ground.

(iii) Any person committing any breach of any such Rules or Regulations shall be guilty of an offence and shall be liable on conviction to a fine not exceeding twenty-five dollars.

Compensation. 13. Compensation shall be paid by the Officer Commanding the Troops in the Federated Malay States to the owners or occupiers or both of land within any firing ground for any loss or damage arising from the land owned or occupied by them being proclaimed a firing ground under this Enactment, such compensation to be independent of and in addition to any compensation in respect of damage for which compensation may be awarded to them under the provisions of section 5 hereof.

Form of compensation. 14. Such compensation (unless otherwise agreed) shall be in the form of an annual rent payable to every person entitled to such compensation so long as the land in respect of which it is paid continues to be part of a firing ground. The amount of such compensation shall be such as is agreed upon between the Revenue Auditor and the claimant and if the amount of such compensation cannot be settled by agreement the difference between the parties shall be referred to arbitration and the sending in of a claim to compensation shall be treated as a submission to arbitration under “The Civil Procedure Code, 1902,” and the reference shall be to two arbitrators having power to appoint an umpire under the provisions of that Enactment.

Limit of time for claim to compensation. 15. Every claim for compensation under Section 13 of this Enactment shall be made in writing to the Revenue Auditor within two months after the land in respect whereof such claim is made has been used as a firing ground for the purposes of military exercises by virtue of a declaration under this Enactment, provided always that no compensation shall be granted for any building erected or commenced after the posting of the Rules and Regulations as provided in Section 12.