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Start Free TrialWorks of Defence Act, 1903 Part II
Title: Impostion of Restrictions
State: Central
Year: 1903
.....for the words "Local Official Gazette by A.O., 1937 (1-4-1937). Section 4 - Power to do preliminary Acts after publication of notice under section 3, sub-section (2) It shall be lawful for such officer as the 1[Central Government] may, by general or special order, authorise in this behalf, and for his servants and workmen, at any time after publication of the notice mentioned in section 3, sub-section (2), to enter upon and survey and take levels of any land in such locality, to dig or bore into the sub-soil, to do all other acts necessary to ascertain whether any and, if so, what restrictions should be imposed on the use and enjoyment of the land, to set out the boundaries of the land upon the use and enjoyment of which restrictions are to be imposed, or of any part of such land, to mark such levels, boundaries and line by placing marks and cutting trenches, and, where otherwise the survey cannot be completed and the levels taken and the boundaries and line marked, to cut down and clear away any part of any standing crop, fence or jungle : Provided that no person shall enter into any building or upon any enclosed court or garden attached to a dwelling-house (unless.....
View Complete Act List Judgments citing this sectionWorks of Defence Act, 1903 Section 9
Title: Notice to Persons Interested
State: Central
Year: 1903
.....of such declaration may be made to him : Provided that, where anything has been done in exercise of the powers conferred, in case of emergency by section 6, sub-section (3), the notice prescribed by this section shall be given as soon as may be thereafter, (2) Such notice shall state the particulars of any damage ordered to be done or, in the case referred to in section 6, sub-section (3), done in exercise of any of the powers conferred by the said section, and the particulars of any restrictions attaching to the land under section 7, and shall require all persons interested in the land to appear personally or by agent before the Collector at a time and place therein mentioned (such time not being earlier than fifteen days after the date of publication of the notice), and to state the nature of their respective interests in the land and the amount and particulars of their claims to compensation for damage to such interests and their objections (if any) to the measurements made under section 8. The Collector may in any case require such statement to be made in writing and signed by the party or his agent. (3) The Collector shall also serve notice to the same effect on the.....
View Complete Act List Judgments citing this sectionWorks of Defence Act, 1903 Part III
Title: Reference to Court and Procedure Thereon
State: Central
Year: 1903
.....disposal of, the land commenced, made or effected without the sanction of the Collector after the date of the publication of the declaration under section 3. Section 25 - Rules as to amount of compensation (1) When the applicant has made a claim to compensation, pursuant to any notice given under section 9, the amount awarded to him by the Court shall not exceed the amount so claimed or be less than the amount awarded, by the Collector under section 12. (2) When the applicant has refused to make such claim or has omitted without sufficient reason (to be allowed by the Judge) to make such claim, the amount awarded by the Court shall in no case exceed the amount awarded by the Collector. (3) When the applicant has omitted for a sufficient reason (to be allowed by the Judge) to make such claim, the amount awarded to him by the Court shall not be less than, and may exceed, the amount awarded by the Collector. Section 26 - Form of awards Every award under this Part shall be in writing signed by the Judge, and shall specify the amount awarded under section 23, sub-section (1), clause (a), and also the amounts (if any) respectively a warded under each of the other clauses.....
View Complete Act List Judgments citing this sectionWorks of Defence Act, 1903 Section 20
Title: Service of Notice
State: Central
Year: 1903
The Court shall thereupon cause a notice specifying the day on which the Court will proceed to determine the objection, and directing their appearance before the Court on that day, to be served on the following persons namely : (a) the applicant; (b) all persons interested in the objection, except such (if any) of them as have consented without protest to receive payment of the compensation awarded; and (c) if the objection is in regard to the area of the land, the nature of the obstructions or the amount of the compensation, the Collector.
View Complete Act List Judgments citing this sectionWorks of Defence Act, 1903 Section 28
Title: Collector May Be Directed to Pay Interest on Excess Compensation
State: Central
Year: 1903
If the sum which, in the opinion of the Court, the Collector ought to have awarded as compensation is in excess of the sum which the Collector did award as compensation, the Court may direct that the Collector shall pay interest on such excess at the rate of six per centum per annum from the date of his award to the date of payment of such excess into Court.
View Complete Act List Judgments citing this sectionWorks of Defence Act, 1903 Part V
Title: Payment
State: Central
Year: 1903
.....32 - Investment of money deposited in respect of lands belonging to persons incompetent to alienate (1) If any money is deposited in Court under section 31, sub-section (2), and it appears that the land in respect of which the same was awarded belonged to any person who had no power to alienate the same, the Court shall order the money to be invested (a) in the purchase of other lands to be held under the like title and conditions of ownership as the land in respect of which such money was deposited is held, or, (b) if such purchase cannot be effected forthwith, then in such Government or other approved securities as it thinks fit; and shall direct the payment of the interest or other proceeds arising from such investment to the person or persons who would for the time being have been entitled to the possession of the said land, and such moneys shall remain so deposited and invested until the same are applied (i) in the purchase of such other lands as aforesaid; or (ii) in payment 16 any person or persons becoming absolutely entitled thereto. (2) In all cases of moneys deposited to which this section applies, the Court shall order the cost of the following.....
View Complete Act List Judgments citing this sectionWorks of Defence Act, 1903 Section 32
Title: Investment of Money Deposited in Respect of Lands Belongingto Persons Incompetent to Alienate
State: Central
Year: 1903
.....the person or persons who would for the time being have been entitled to the possession of the said land, and such moneys shall remain so deposited and invested until the same are applied (i) in the purchase of such other lands as aforesaid; or (ii) in payment 16 any person or persons becoming absolutely entitled thereto. (2) In all cases of moneys deposited to which this section applies, the Court shall order the cost of the following matters, including therein all reasonable charges and expenses incident thereto, to be paid by the Collector, namely : (a) the costs of such investment as aforesaid; (b) the costs of the orders for the payment of the interest or other proceeds of the securities in which such moneys are for the time being invested, and for the payment out of Court of the principal of such moneys and the costs of all proceedings relating thereto, except such as may be occasioned by litigation between adverse claimants.
View Complete Act List Judgments citing this sectionWorks of Defence Act, 1903 Section 33
Title: Investment of Money Deposited in Other Cases
State: Central
Year: 1903
If any money is deposited in Court under this Act for any cause other than that mentioned in section 32, the Court may, on the application of any party interested or claiming an interest in such money, order the same to be invested in such Government or other approved securities as it thinks fit, and may direct the interest or other proceeds of any such investment to be accumulated and paid in such manner as will, in its opinion, give the parties interested therein the same benefit therefrom as they might have had from the land in respect of which such money was deposited or as near thereto as may be.
View Complete Act List Judgments citing this sectionWorks of Defence Act, 1903 Part VI
Title: Miscellaneous
State: Central
Year: 1903
.....production of the addressee's receipt. Section 36 - Penalties Whoever wilfully (a) obstructs any person in doing any of the acts authorised by section 4, section 6 or section 8, or (b) destroys, damages, alters or otherwise interferes with the ground level or any work done under section 6, or (c) contravenes any of the provisions of section 7 or any condition prescribed thereunder, shall be punishable with imprisonment for a term which may extend to one month or with fine which may extend to fifty rupees, or with both, and, in the case of a continuing offence, with an additional fine which may extend to five rupees for every day after the first in regard to which he is convicted of having persisted in the offence; and any expenses incurred in removing the effects of his offence may be recovered from him in the manner provided by the law for the time being in force for the recovery of fines. Section 37 - Magistrate to enforce the terms of the Act If the Collector or officer authorised under section 6 is opposed or impeded in doing anything directed or permitted by this Act, he shall, if a Magistrate, enforce compliance, and, if not a Magistrate, he shall apply to a.....
View Complete Act List Judgments citing this sectionWorks of Defence Act, 1903 Section 35
Title: Service of Notices
State: Central
Year: 1903
(1) Service of any notice under this Act shall be made by delivering or tendering a copy thereof signed, in the case of a notice under section 3, sub-section (2), by the officer therein mentioned, and, in the case of any other notice, by or by order of the Collector or the Judge. (2) Whenever it may be practicable, the service of the notice shall be made on the person therein named. (3) When such person cannot be found, the service may be made on any adult male member of his family residing with him and, if no such adult male member can be found, the notice may be served by fixing the copy on the outer door of the house in which the person therein named ordinarily dwells or carries on business, or by fixing a copy thereof in some conspicuous place in the office of the officer aforesaid or of the Collector or in the court-house and also in some conspicuous part of the land upon which restrictions are to be imposed : Provided that, if the Collector or Judge so directs, a notice may be sent by post in a letter addressed to the person named therein at his last known residence, address or place of business and service of it may he proved by the production of the addressee's.....
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