THE WORKS OF DEFENCE ACT, 1903 [Act, No. 7 of 1903] [20th March, 1903] PREAMBLE An Act to provide for imposing restrictions upon the use and enjoyment of land in the vicinity of works of defence in order that such land may be kept free from buildings and other obstructions, and for determining the amount of compensation to be made on account of such imposition. WHEREAS it is expedient to provide for imposing restrictions upon the use and enjoyment of land in the vicinity of works of defence in order that such land may be kept free from buildings and other obstructions and for determining the amount of compensation to be made on account of such imposition; It is hereby enacted as follows :
View Complete Act List Judgments citing this section(1) This Act may be called The1[* * * * *] Works of Defence Act, 1903; and 2[(2) It extends to the whole of India]. _ ______________________ 1. Word Indian" omitted by the Works of Defence (Amendment) Act, 1974 (50 of 1974), Section 2 (12-12-1974). 2. Substituted for former sub-section (2) by the Works of Defence (Amendment) Act, 1965 (39 of 1965), Section 2 (3-12-1965).
View Complete Act List Judgments citing this section1[2A. Construction of references to laws not in force, or any functionary not in existence, in any area Any reference in this Act to any law which is not in force in any area or any reference therein to any functionary not in existence in any area shall, in relation to that area, be construed as a reference to the corresponding law, if any, in force or to the corresponding functionary, if any, in existence, in that area,] _______________________ 1. Inserted by the Works of Defence (Amendment) Act, 1965 (39 of 1965), Section 2 (3-12-1965).
View Complete Act List Judgments citing this sectionThe officer so authorised shall at the time of such entry pay or tender payment for all necessary damage to be done as aforesaid, and, in case of dispute as to the sufficiency of the amount so paid or tendered, he shall at once refer the dispute to the decision of the Collector or other chief revenue officer of the district, and such decision shall be final.
View Complete Act List Judgments citing this sectionAs soon as may be after the publication of the declaration aforesaid, the Collector shall cause the land to be marked out and measured, and shall also prepare a register and a detailed plan, which shall be on a scale not smaller than six inches to the mile, showing accurately every building, tree and other obstruction.
View Complete Act List Judgments citing this sectionThe Collector may also require any such person to make or deliver to him, at a time and place mentioned (such time not being earlier than fifteen days after the date of the requisition) a statement containing, so far as may be practicable, the name of every other person possessing any interest in the land or any part thereof as co-proprietor, sub-proprietor, mortgagee, tenant or otherwise, and of the nature of such interest, and of the rents and profits (if any) received or receivable on account thereof for three years next preceding the date of the statement.
View Complete Act List Judgments citing this sectionEvery person required to make or deliver a statement under section 9 or section 10 shall be deemed to be legally bound to do so within the meaning of sections 175 and 176 of the Indian Penal Code.
View Complete Act List Judgments citing this sectionOn the day fixed under section 9 or on any other day to which the inquiry has been adjourned, the Collector shall proceed to inquire into the objections (if any) which any person interested has stated pursuant to a notice given under the said section to the measurements made under section 8, and into the decrease in the value of the land, and into the respective interests of the persons claiming the compensation, and shall make an award under his hand of (a) the true area of the land and the nature of the obstructions from which the land is to be kept free; (b) the compensation which in his opinion should be allowed for any damage caused or to be caused under section 6 and for any restrictions imposed under section 7; and (c) the apportionment of the said compensation among all the persons known or believed to be interested in the land, of whom or of whose claims he has information, whether they have respectively appeared before him or not.
View Complete Act List Judgments citing this section(1) Such award shall be filed in the Collector's office and shall, except as hereinafter provided, be final and conclusive evidence, as between the Collector and the persons interested; whether they have respectively appeared before the Collector or not, of the true area of the land, the nature of the said obstruction from which the land is to be kept free, the damage caused or to be caused under section 6, the value of the rights restricted under section 7 and the apportionment of the compensation among the persons interested. (2) The Collector shall give immediate notice of his award to such of the persons interested as are not present personally or by their representatives when the award is made.
View Complete Act List Judgments citing this sectionThe Collector may, for any cause he thinks fit, from time to time adjourn the inquiry to a day to be fixed by him.
View Complete Act List Judgments citing this section