Military Manoeuvres 1

LAWS OF MALAYSIA
ONLINE VERSION OF UPDATED
TEXT OF REPRINT

Act 295

MILITARY MANOEUVRES
ACT 1983
As at 1 December 2011
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MILITARY MANOEUVRES ACT 1983

Date of Royal Assent … ... ... ... ... 28 December 1983

Date of publication in the Gazette … … 29 December 1983

PREVIOUS REPRINTS

First Reprint … … … 2001

Second Reprint … … … 2006

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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
4 Laws of Malaysia A CT 295
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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—

―Armed Forces Council‖ means the Council established under Article

137 of the Federal Constitution;

―Collector‖ means, in Peninsular Malaysia and Sabah, the *―Collector‖

as defined in the National Land Code 1965 [Act 56 of 1965] and the Land
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,
_________________________________________________________________________________________
*NOTE—Reference to ―Collector‖ is now construed as ―Land Administrator‖—see section 3 of the National
Land Code (Amendment) Act 1984 [Act A587].
6 Laws of Malaysia ACT 295

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;

―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
pursuant to any treaty, agreement or arrangement to which the Government
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,
any act or practice incidental to such exercises or experiments,
 bombing or torpedo practices or any other military
manoeuvre 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.

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 given to the State Government, who shall than inform the State
Authority, 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 compensation arising from the putting into force of any of the
provisions 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

military manoeuvre does not exceed one thousand, no notice as mentioned
in subsection 5(1) is necessary except that where no notice is given,
the military manoeuvre shall not extend beyond a period of forty-
 Military Manoeuvres 7

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.

(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, 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
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.
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Military manoeuvres and firing exercises not to be held in

catchment 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
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.

Offence

9. (1) If during the continuance of any military manoeuvre any

person—

(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.

(2) If during the continuance of any military manoeuvre any

person—

(a) without due authority, moves any flag or other mark,

distinguishing for the purposes of the military manoeuvre
any land; or

(b) maliciously cuts or damages any telegraph or telephone

wire laid down by or for the use of the forces engaged in the
military manoeuvre,

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.
 Military Manoeuvres 9
Compensation for damage

10. (1) Full compensation shall be made for any damage to

persons or property or interference with rights or privileges arising from
the putting 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 compensation may be awarded under subsection (2),
compensation shall 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
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 arbitration in accordance with the provisions of the arbitration
laws from time to time in force.
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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,
within six months after the land, sea, tidal water or shore, as the case may
be, in respect whereof such claim is made has been used as a firing
ground for the purposes of military manoeuvres by virtue of a declaration
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 the Gazette 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. Any person committing a breach of any rule made under section 12
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.
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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 ……………………………………

Township ……………………...……...…..

Description of the locality ………………………

.......………………………………………………
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LAWS OF MALAYSIA

Act 295

MILITARY MANOEUVRES ACT 1983

LIST OF AMENDMENTS

Amending law Short title In force from

– NIL –
 Laws of Malaysia A CT 295
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LAWS OF MALAYSIA

Act 295

MILITARY MANOEUVRES ACT 1983

LIST OF SECTIONS AMENDED

Section Amending authority In force from

–NIL–