Bare Act Search Results

Works 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.

Works 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.....

Works 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.

Works 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.....

Works 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.

Works 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.

Works 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.....

Works of Defence Act, 1903 Section 37

Title: Magistrate to Enforce the Terms of the Act

State: Central

Year: 1903

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 Magistrate1[or (within any area for which a Commissioner of Police has been appointed) to the Commissioner of Police] and such Magistrate or Commissioner (as the case may be) shall enforce compliance. ________________________ 1. Substituted for the words "or (within the towns of Calcutta, Madras and Bombay) to the Commissioner of Police" by the Works of Defence (Amendment) Act, 1974 (50 of 1974), Section 3 (12-12-1974).

Works of Defence Act, 1903 Complete Act

Title: Works of Defence Act, 1903

State: Central

Year: 1903

.....- Power to require and enforce the making of statements as to names and interests Section11 - Application of certain sections of the Indian Penal Code Section12 - Inquiry and award by Collector Section13 - Award of Collector when to be final Section14 - Adjournment of inquiry Section15 - Power to summon and enforce attendance of witnesses and production of documents Section16 - Matters to be considered and neglected Section17 - Supplementary proceedings Part III Section18 - Reference to Court Section19 - Collector's statement to the Court Section20 - Service of notice Section21 - Restriction on scope of proceedings Section22 - Proceedings to be in open Court Section23 - Matters to be considered in determining compensation Section24 - Matters not to be considered in determining compensation Section25 - Rules as to amount of compensation Section26 - Form of awards Section27 - Costs Section28 - Collector may be directed to pay interest on excess compensation Part IV Section29 - Particulars of apportionment to be specified Section30 - Dispute as to apportionment Part V Section31 - Payment of compensation or deposit of same in Court Section32 - Investment of.....

Works of Defence Act, 1903 Complete Act

State: Central

Year: 1903

.....to apply to a magistrate and in the cities of Calcutta, Madras and Bombay to the Commissioner of Police, who shall enforce compliance. Since the enactment of the Act, Commissioners of Police have been appointed for certain cities other than the presidency towns of Calcutta, Madras and Bombay. It is possible that the Commissioners of Police may be appointed in future for more cities also. With a view to enabling the Collector and the officer authorised under section 6to apply to the Commissioners of Police for enforcing compliance with the Act in any area for which a Commissioner of Police has been appointed. it is proposed to amend section 37of the Act suitably. 2. The Bill is mainly intended to achieve the above objects."Gaz. of Ind., 27-11-1973, Pt. II, S. 2, Extž p. 949. 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 tree 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.....