Section 6 of The Manoeuvres, Field Firing and Artillery Practice Act, 1938
- (1)The Collector of the district in which any area utilised for the purpose of manoeuvres is situated shall depute one or more Revenue Officers to accompany the forces engaged in the manoeuvres for the purpose of determining the amount of any compensation payable under section 5.
- (2)The Revenue Officer shall consider all claims for compensation under section 5 and determine, on local investigation and where possible after hearing the claimant, the amount of compensation, if any, which shall be awarded in each case; and shall disburse on the spot to the claimant the compensation so determined as payable.
- (3)Any claimant, dissatisfied with a refusal of the Revenue Officer to award him compensation or with the amount of compensation awarded to him by the Revenue Officer, may, at any time within fifteen days from the communication to him of the decision of the Revenue Officer, give notice to the Revenue Officer of his intention to appeal against the decision.
- (4)Where any such notice has been given, the Collector of the district shall constitute a commission consisting of himself as chairman, a person nominated by the Officer Commanding the forces engaged in the manoeuvres and two persons nominated by the District Board, and the commission shall decide all appeals of which notice has been given.
- (5)The commission may exercise its powers notwithstanding the absence of any member of the commission, and the chairman of the commission shall have a casting vote in the case of an equal division of opinion.
- (6)The decision of the commission shall be final and no suit shall lie in any Civil Court in respect of any matter decided by the commission.
- (7)No fee shall be charged in connection with any claim, notice, appeal, application or document filed before the Revenue Officer, Collector or the commission under this section.
Summary
- The local district Collector must send one or more Revenue Officers to accompany the military forces and calculate compensation.
- The Revenue Officer investigates claims locally, hears the claimant if possible, decides the compensation amount, and pays it out directly on the spot.
- If a claimant is unhappy with the Revenue Officer's decision or refusal, they can give notice to appeal within fifteen days of hearing the decision.
- The Collector then sets up an appeal commission with four members: the Collector as chairman, one military nominee, and two District Board nominees.
- This commission can make decisions even if some members are missing, with the chairman casting a tie-breaking vote if there is an equal split.
- The commission's decision is final, meaning claimants cannot file a lawsuit in any Civil Court about these decisions, and no fees are charged for filing any papers or appeals under this section.
Practical examples
FAQ
1. Who decides the initial amount of compensation to be paid to a claimant?
A Revenue Officer deputed by the district Collector decides and pays it.
2. Is the compensation paid immediately or later through a bank transfer?
The Revenue Officer must disburse the compensation on the spot to the claimant.
3. How many days does a dissatisfied claimant have to appeal the Revenue Officer's decision?
The claimant must give notice of intention to appeal within fifteen days from the communication of the decision.
4. Who makes up the appeal commission?
The commission consists of the district Collector as chairman, one person nominated by the military's Officer Commanding, and two persons nominated by the District Board.
5. Can a claimant sue the government in a civil court if they dislike the commission's final decision?
No, the decision of the commission is final, and no suit can be filed in any Civil Court regarding any matter decided by the commission.
Test yourself
Q1.Who deputes the Revenue Officers to accompany the military forces during manoeuvres?
Q2.Where and when is the initial compensation paid to the claimant by the Revenue Officer?
Q3.Within how many days must a claimant give notice of their intention to appeal a Revenue Officer's decision?
Q4.Who acts as the chairman of the compensation appeal commission?
Q5.How many nominees does the District Board have on the compensation appeal commission?
Q6.What happens if there is an equal split of opinion among the commission members present?
Q7.Can a dissatisfied claimant file a suit in a Civil Court regarding the commission's decision?
Q8.What fee is charged for filing an appeal or document before the commission?