MANOEUVRESCentral

Section 3 of The Manoeuvres, Field Firing and Artillery Practice Act, 1938

(1)Where a notification under sub-section (1) of section 2 has been issued, such persons as are included in the military forces engaged in the manoeuvres may, within the specified limits and during the specified periods,--
1. (a)pass over, or encamp, construct military works of a temporary character, or execute military manoeuvres on, the area specified in the notification, and
2. (b)supply themselves with water from any source of water in such area: . Provided that nothing herein contained shall authorise the taking of water from any source of supply, whether belonging to a private owner or a public authority, of an amount in excess of the reasonable requirements of the military forces or of such amount as to curtail the supply ordinarily required by those entitled to the use of such water supply.
(2)The provisions of sub-section (1) shall not authorise entry on or interference with any well or tank held sacred by any religious community or any place of worship or ground attached thereto except for the legitimate purpose of offering prayers or any place or building reserved or used for the disposal of the dead, or any dwelling house or premises attached thereto or any educational institution, factory, workshop or store or any premises used for the carrying on of any trade, business or manufacture or any garden or pleasure ground, or any ancient monument as defined in section 2 of the Ancient Monuments Preservation Act, l904 (7 of 1904).

Summary

When military exercises are officially authorised, the soldiers participating can move through, camp on, build temporary structures on, and carry out exercises in the specified area.
Soldiers can take water from any public or private water source within the area to supply their needs.
The military cannot take more water than they reasonably need, nor can they take so much water that it reduces the normal supply needed by regular users.
The military is strictly forbidden from entering or interfering with sacred wells or tanks, places of worship (except to offer prayers), graveyards or crematoriums, homes, schools, factories, workshops, stores, businesses, gardens, pleasure grounds, or protected ancient monuments.

Practical examples

1An army unit is training on pasture land near Amit's village. The soldiers pitch canvas tents and build a temporary dirt wall for cover, which is allowed under Section 3. However, when they need water, they draw from Amit's private lake but only take what they need, leaving enough for Amit's cattle to drink.

2During an exercise, a group of soldiers wants to set up a communications post inside a local historical temple and an adjacent primary school. Under Section 3(2), they are legally prohibited from entering or interfering with these places, so they must set up their equipment on the open plains instead.

FAQ

1. Can the military build permanent brick-and-mortar buildings during these exercises?

No, they can only construct military works of a temporary character.

2. Can soldiers take water from a private water source?

Yes, they can supply themselves with water from any source, but they cannot take more than their reasonable requirements or curtail the normal supply of those entitled to use it.

3. Can soldiers enter a sacred place of worship during exercises?

They cannot enter or interfere with it, except for the legitimate purpose of offering prayers.

4. Are ancient monuments protected from military activity under this Act?

Yes, the military cannot enter or interfere with any ancient monument as defined in section 2 of the Ancient Monuments Preservation Act, 1904.

Test yourself

Q1.What kind of military works are the forces allowed to build during manoeuvres?

Q2.Which restriction applies to the military's right to take water from local sources?

Q3.Under what condition may military personnel enter a sacred place of worship during manoeuvres?

Q4.Which of the following places is NOT protected from entry or interference under Section 3(2)?

Q5.Which ancient law defines the monuments protected from military entry under this section?

Q6.Can military forces camp on private land specified in the notification?

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