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Military Manoeuvres Act 1983

LAWS OF MALAYSIA

REPRINT

Act 295

MILITARY MANOEUVRES

ACT 1983

Incorporating all amendments up to 1 January 2006 PUBLISHED BY

THE COMMISSIONER OF LAW REVISION, MALAYSIA

UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH

PERCETAKAN NASIONAL MALAYSIA BHD

2006

MILITARY MANOEUVRES ACT 1983

Date of Royal Assent ... ... ... ... ... 28 December 1983 Date of publication in the Gazette ... 29 December 1983 PREVIOUS REPRINT

First Reprint ... ... ... ... ... 2001

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LAWS OF MALAYSIA

Act 295

MILITARY MANOEUVRES ACT 1958

ARRANGEMENT OF SECTIONS

Section

1. Short title and application

2. Interpretation

3. Declaration of manoeuvring or firing grounds

4. Power of the Chief of the Armed Forces Staff to authorize execution of manoeuvring exercise

5. Notice of Military Manoeuvre

6. Where no notice is necessary

7. Powers of persons engaged in military manoeuvres

8. Military manoeuvres and firing exercises not to be held in catchment area of waterworks

9. Offence

10. Compensation for damage

11. Time limit for claim for compensation

12. Power to make rules

13. Penalty for breach of rules

14. Repeal SCHEDULE

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Military Manoeuvres 5

LAWS OF MALAYSIA

Act 295

MILITARY MANOEUVRES ACT 1983

An Act to consolidate the laws relating to military manoeuvres. [1 October 1984, P.U. (B) 443/1984]

BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: Short title and application

1. (1) This Act may be cited as the Military Manoeuvres Act 1983. (2) This Act shall apply throughout Malaysia.

Interpretation

2. In this Act, unless the context otherwise requires-- "ArmedForcesCouncil"meanstheCouncilestablishedunderArticle 137 of the Federal Constitution;

"Collector"means,inPeninsularMalaysiaandSabah,the*"Collector" asdefinedintheNationalLandCode1965[Act56of1965]andtheLand Ordinance of Sabah [Sabah Cap. 68] respectively and in Sarawak, the "Director" as defined in the Land Code of Sarawak [Swk. Cap. 81]; "firing ground" means any land, sea, tidal water or shore declared under section 3 for carrying out artillery or rifle practices, air firing, bomb dropping or torpedo dropping exercises, including the use of any weapons fired on the ground, from the sea or from aircraft in flight; "manoeuvring ground" means any land, sea, tidal water or shore declared under section 3 on which or over which military manoeuvres may take place;

*NOTE--Referenceto"Collector"isnowconstruedas"LandAdministrator"--seesection3oftheNational Land Code (Amendment) Act 1984 [Act A587].

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"military manoeuvre" means any deployment of service personnel, guns, vehicles, ships or aircraft carried out on any land, sea, tidal water, shore or air by the armed forces or any of the visiting forces; "visiting force" means any body, contingent or detachment of the forces of a country for the time being lawfully present in Malaysia pursuanttoanytreaty,agreementorarrangementtowhichtheGovernment of Malaysia is a party.

Declaration of manoeuvring or firing grounds

3. The Yang di-Pertuan Agong, after consultation with the relevant State Authority of the State where a military manoeuvre is to be held, may from time to time, by notification in the Gazette, declare that any area specified in such notification shall be a manoeuvring or firing ground and, may from time to time, in like manner declare that such area shall cease to be a manoeuvring or firing ground, as the case may be. Power of the Chief of the Armed Forces Staff to authorize execution of manoeuvring exercise

4. The Chief of the Armed Forces Staff shall have the power-- (a) to authorize the execution of military manoeuvres for training purposes in any part of the manoeuvring ground at any time of the year;

(b) to direct military manoeuvres to be carried out within the manoeuvring ground without giving the notice required by subsection 5(1);

(c) to cause, at any time of the year, firing exercises either on the ground, from the sea or from the air, experiments in gunnery, anyactorpracticeincidentaltosuchexercisesorexperiments, bombingortorpedopracticesoranyothermilitarymanoeuvre to be carried out in or over the firing ground, giving not less than seven days' 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; and

(d) to cause the removal of any building or vegetation within the firing ground which may hinder or interfere with the full exercise of the right given by this Act, and to prohibit the erection of any new building or the growing of any vegetation within the firing ground.

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Notice of Military Manoeuvre

5. (1) Whenever the number of service personnel to be engaged in any military manoeuvre exceeds one thousand, notice in Form A shall be giventotheStateGovernment,whoshallthaninformtheStateAuthority, at least one month before the date on which it is proposed to execute the military manoeuvre, specifying the date of its commencement and the period not exceeding three months during which, and approximately the limits within which, the military manoeuvre is to be executed. (2) The notice shall also specify a date not earlier than one month from the conclusion of the military manoeuvre within which claims for compensationarisingfromtheputtingintoforceofanyoftheprovisions of this Act shall be sent to the Secretary General of the Ministry of Defence.

(3) The State Government shall cause copies of the 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 the military manoeuvre.

Where no notice is necessary

6. Whenever the number of service personnel to be engaged in any militarymanoeuvredoesnotexceedonethousand,nonoticeasmentioned in subsection 5(1) is necessary except that where no notice is given, the military manoeuvre shall not extend beyond a period of forty-eight hours.

Powers of persons engaged in military manoeuvres

7. (1) When any military manoeuvre is being executed under this Act, the persons engaged in the military manoeuvre may, within the limits specified in the notice, if any, and during the period specified-- (a) pass over and encamp, construct military works not of a permanent character and execute military manoeuvres on any land; and

(b) supply themselves with water from any source, public or private, and may for that purpose, dam up any running water: Provided that such damming does not interfere with any trade or industry.

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(2) Nothing in this Act shall authorize--

(a) the taking of water from any source of supply belonging to a private owner or public authority other than the supply shown to be required by those entitled to use such water supply by virtue of this Act; and

(b) entry on or interference with any dwelling house, place of worship,school,factory,storeorpremisesusedforthecarrying on of any business or manufacture or any ground attached to any place of worship or school or any premises enclosing or attaching to any dwelling house.

(3) At the conclusion of any military manoeuvre all military works, dams or other structures made or done under subsection (1) shall be removed and any damage done to property shall be repaired and the property left as nearly as may be in the same condition as it was prior to the military manoeuvre.

Militarymanoeuvresandfiringexercisesnottobeheldincatchment area of waterworks

8. No military manoeuvre or firing exercise shall be executed and no military encampment made on any land forming part of the catchment areainconnectionwiththeimpoundingreservoirofanypublicwaterworks or on any land set apart for the collection of water for the supply of any public waterworks.

Offence

9. (1) Ifduringthecontinuanceofanymilitarymanoeuvreanyperson-- (a) wilfully and unlawfully interferes with the execution of such military manoeuvre; or

(b) without due authority enters or remains in any camp, he commits an offence and is liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding two years 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 military manoeuvre.

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(2) If during the continuance of any military manoeuvre any per- son--

(a) without due authority, moves any flag or other mark, distin- guishing for the purposes of the military manoeuvre any land; or

(b) maliciously cuts or damages any telegraph or telephone wire laiddownbyorfortheuseoftheforcesengagedinthemilitary manoeuvre,

he commitsanoffenceandisliabletoafinenotexceedingfive thousand ringgit or to imprisonment for a term not exceeding two years.

Compensation for damage

10. (1) Full compensation shall be made for any damage to persons or propertyorinterferencewithrightsorprivilegesarisingfromtheputting into force of any of the provisions of this Act whether or not occasioned by the acts or defaults of the forces engaged in the military manoeuvres, 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. (2) The compensation shall be paid to all persons who send in their claims to the Secretary General of the Ministry of Defence under subsection 5(2) within the period named in such notice or, if there is no such notice, within six months from the conclusion of the military manoeuvre.

(3) In addition to any compensation in respect of damage for which compensationmaybeawardedundersubsection(2),compensationshall also be paid 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 declared and used as a firing ground under this Act. (4) The compensation shall, unless otherwise agreed, 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 a firing ground.

(5) The amount of the compensation shall be such as is agreed upon between the Secretary General of the Ministry of Defence and the claimant, and if the amount of compensation cannot be settled by agreement, the claims shall be forwarded to the Collector for the district, who shall after such inquiry as he deems fit, determine the amount of ACT 295Laws of Malaysia10

compensation due.

(6) Any claimant dissatisfied with the decision of the Collector may, not later than one month after the date of such decision, refer to arbitrationinaccordancewiththeprovisionsofthearbitrationlawsfrom time to time in force.

Time limit for claim for compensation

11. (1) Every claim for compensation under subsection 10(3) shall be made in writing to the Secretary General of the Ministry of Defence, withinsixmonthsaftertheland,sea,tidalwaterorshore,asthecasemay be, in respect whereof such claim is made has been used as a firing groundforthepurposesofmilitarymanoeuvresbyvirtueofadeclaration under this Act.

(2) No compensation shall be granted for any building erected or commenced after the posting of the rules under section 12. Power to make rules

12. (1) The Armed Forces Council may make rules for securing the safety of the public during the military manoeuvres or during the use of any firing ground for the purposes of military manoeuvres and may, by such rules--

(a) exclude all persons not engaged in the military manoeuvre from the whole or any part of the firing ground while such military manoeuvres are being carried out;

(b) regulate the conduct of any persons permitted to be within the firing ground while such military manoeuvres are being carried out; and

(c) prescribe any other matter which by this Act is required to be prescribed.

(2) All such rules shall be published in theGazette and copies thereof shall be posted in at least three conspicuous places within or near the manoeuvring or firing ground.

(3) Where an area to which these rules apply consists of any sea or tidal water, or the shore thereof, and the boundaries of the area cannot, in the opinion of the Armed Forces Council, be conveniently marked by Military Manoeuvres 11

permanent marks, those boundaries shall be described in the rules and shall be deemed to be sufficiently marked for the purposes of this Act if, while the area is in use for military purposes, sufficient means are taken to warn the public from entering the area.

Penalty for breach of rules

13. Anypersoncommittingabreachofanyrulemadeundersection12 commits an offence and is liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding six months. Repeal

14. The Military Manoeuvres Enactment of the Federated Malay States [F.M.S. Cap. 43], the Military Manoeuvres Ordinance of the Straits Settlements [S.S. Cap. 103], the Military Manoeuvres Ordinance 1959 of Sabah [Sabah Ord. 26 of 1959] and the Military Manoeuvres Ordinance of Sarawak [Sarawak Ord. Cap. 23] are repealed. ACT 295Laws of Malaysia12

SCHEDULE

FORM A

MILITARY MANOEUVRES ACT 1983

[Section 5]

NOTICE OF MILITARY MANOEUVRE

It is hereby notified that a military manoeuvre will be carried out in the locality described below, including those lands, if any, specified by lot number or by the lot numbers of neighbouring lands, for a period of ............. days commencing from........................... day of ............... 20.........

2. It is further notified that any owner or occupier of land who suffers any loss or damage as a result of this military manoeuvre and who wishes to make a claim of compensation for such loss or damage may submit his claim to the Secretary General of the Ministry of Defence, Jalan Padang Tembak, Kuala Lumpur within six months from the conclusion of the military manoeuvre.

Dated this .................. day of .................. 20......... District .......................................... Mukim

Township ................................................ Description of the locality .................................. .................................................................. Military Manoeuvres 13

LAWS OF MALAYSIA

Act 295

MILITARY MANOEUVRES ACT 1983

LIST OF AMENDMENTS

Amending law Short title In force from

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LAWS OF MALAYSIA

Act 295

MILITARY MANOEUVRES ACT 1983

LIST OF SECTIONS AMENDED

Section Amending authority In force from

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DICETAK OLEH

PERCETAKAN NASIONAL MALAYSIA BERHAD,

KUALA LUMPUR

BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA