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Works of Defence Act, 1903 Section 4

Title: Power to Do Preliminary Acts After Publication of Notice Under Section 3, Sub-section (2)

State: Central

Year: 1903

.....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 with the consent of the occupier thereof) without previously giving such occupier at least seven days' notice in writing of his intention to do so. _______________________ 1. Substituted for the words "Local Government" by A.O., 1937.....

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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.....

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Works 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.....

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Works of Defence Act, 1903 Part I

Title: Preliminary

State: Central

Year: 1903

.....could have acted : Provided that- (i) no person shall be deemed "entitled to act" whose interest in the subject-matter is shown to the satisfaction of the Collector or Court to be adverse to the interest of the person interested for whom he would otherwise be entitled to act; (ii) in every case the person interested may appear by a next friend or, in default of his appearance by a next friend, the Collector or Court, as the case may be, shall appoint a guardian for the case to act on his behalf in the conduct thereof; (iii) the provisions of Chapter XXXI of the Code of Civil Procedure shall, mutatis mutandis, apply in the case of persons interested appearing before a Collector or Court by a next friend, or by a guardian for the case, in proceedings under this Act; and (iv) no person "entitled to act" shall be competent to receive the compensation money payable to the person for whom he is entitled to act, unless he would have been competent to alienate the land upon the use and enjoyment of which restrictions are to be imposed and receive and give a good discharge for the purchase-money on a voluntary sale, ______________________ 1. Substituted for the original.....

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Works of Defence Act, 1903 Section 2

Title: Definitions

State: Central

Year: 1903

.....could have acted : Provided that- (i) no person shall be deemed "entitled to act" whose interest in the subject-matter is shown to the satisfaction of the Collector or Court to be adverse to the interest of the person interested for whom he would otherwise be entitled to act; (ii) in every case the person interested may appear by a next friend or, in default of his appearance by a next friend, the Collector or Court, as the case may be, shall appoint a guardian for the case to act on his behalf in the conduct thereof; (iii) the provisions of Chapter XXXI of the Code of Civil Procedure shall, mutatis mutandis, apply in the case of persons interested appearing before a Collector or Court by a next friend, or by a guardian for the case, in proceedings under this Act; and (iv) no person "entitled to act" shall be competent to receive the compensation money payable to the person for whom he is entitled to act, unless he would have been competent to alienate the land upon the use and enjoyment of which restrictions are to be imposed and receive and give a good discharge for the purchase-money on a voluntary sale, ______________________ 1. Substituted for the original.....

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Works 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.....

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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).

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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.....

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Victoria Memorial Act, 1903 Amending Act 2

Title: Amendment Act (32 of 81) No. 2

State: Central

Year: 1903

.....(Amendment) Act. 1981. 2.Amendment of section 2.- In the Victoria Memorial Act, 1903(10 of 1903) (hereinafter referred to as the principal Act), in section 2, (I) for sub-section (1), the following sub-section shall be substituted, namely:- "(1) The Trustees of the Victoria Memorial (hereinafter called the trustees ) shall be the following, namely:- (a) the Government of West Bengal, ex officio Chairman; (b) the Chief Justice of the High Court of West Bengal ex officio: (c) three persons to be nominated by the Central Government one of whom shall be a representative of commerce and industry, chosen in consultation with the State Government of West Bengal and two others chosen from among persons who, in the opinion of the Central Government, have expert knowledge of the exhibits in the Victoria Memorial or are musicologists, historians or art historians; (d) a representative of the Central Government in the Ministry concerned with matters relating to the Victoria Memorial, ex officio; (e) a representative of the Central Government in the Ministry of Finance, Department of Expenditure, concerned with matters relating to the Victoria Memorial, ex officio; .....

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Victoria Memorial Act, 1903 Section 2

Title: Trustees

State: Central

Year: 1903

.....money on behalf of the Trustees shall be deemed to be sufficiently authenticated if signed by two Trustees and countersigned by the Secretary. ________________________ 1. Substituted by the Victoria Memorial (Amendment) Act, 1972 (40 of 1972), Section 2 w.e.f. 25-8-1972. 2. Substituted for the former clauses (b) and (c) by A.C.A.O. 1948 w.e.f. 23-3-1948. 3. Substituted for the former clause (e) by A.C.A.O., 1948 w.e.f. 23-3-1948. 4. Substituted for the words "in the Ministry of States" by Act 58 of 1960, Section 3 and Schedule II w.e.f. 26-12-1960. 5. Substituted for the word "Chairman", by Act 58 of 1960, Section 3 and Schedule II w.e.f. 26-12-1960. 6. Substituted and deemed always to have been substituted for the original sub-section, by the Victoria Memorial (Amendment) Act, 1943 (25 of 1943), Section. 2.

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