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Start Free TrialWorks 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 6
Title: Further Powers Exercisable After Publication of Notice Under Section 3, Sub-section (2)
State: Central
Year: 1903
.....referred to in section 3, sub-section (2), and such powers may be exercised accordingly, and the said notification shall be conclusive proof of emergency. (4) Nothing in sub-section (2) shall be deemed to preclude any such officer or his servants or workmen from exercising at any lime the said powers for the purpose of removing, wholly or in part, any building or other obstruction maintained, created, added to, altered, planted, stacked, stored or otherwise accumulated in contravention of this Act or of any rule or order made there under or of any condition prescribed in accordance therewith. _______________________ 1. Substituted for the words "Local Government" by A.O., 1937 (1-4-1937). 2. the words "with the previous sanction of the Governor-General in Council" were omitted, by A.O., 1937 (1-4-1937).
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 23
Title: Matters to Be Considered in Determining Compensation
State: Central
Year: 1903
.....under section 6; (b) the damage sustained by the person interested, by reason of the removal of any standing crops in the exercise of any power conferred by section 6; (c) the damage (if any) sustained by the person interested, by reason of ceasing to be able to use such land conjointly with his other land; (d) the damage (if any) sustained by the person interested, by anything done or ordered under sections 6 and 7 injuriously affecting his other property, movable or immovable, in any other manner, or his earnings; and (e) if, in consequence of the imposition of restrictions, the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change. (2) In addition to the amount representing the actual decrease in the market-value of the land as above provided, the Court shall in every case award a further sum of fifteen per centum on such amount.
View Complete Act List Judgments citing this sectionWorks of Defence Act, 1903 Section 36
Title: Penalties
State: Central
Year: 1903
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.
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 Section 12
Title: Inquiry and Award by Collector
State: Central
Year: 1903
On 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 sectionWorks of Defence Act, 1903 Section 13
Title: Award of Collector when to Be Final
State: Central
Year: 1903
(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 sectionWorks of Defence Act, 1903 Section 17
Title: Supplementary Proceedings
State: Central
Year: 1903
Whenever the officer exercising powers conferred by section 6 considers it necessary that anything in respect of which any person is or may be entitled to compensation but of which do notice has been given or compensation awarded, under sections 9 and 12, respectively, should he done in pursuance of the said powers, the collector shall cause supplementary notice to be given, as nearly as may be, in the manner prescribed by section 9 and subject to the limit of time imposed by sub-section (1) of that section, and the provisions of sections 10 to 16 shall, so far as they are applicable be deemed to apply to any further inquiry and award which may be held or made in consequence of such supplementary notice.
View Complete Act List Judgments citing this sectionWORKS OF DEFENCE ACT, 1903 Section 19
Title: Collector's statement to the Court
State: Central
Year: 1903
(1) In making the reference the Collector shall state, for the information of the Court, in writing under his hand (a) the situation and extent of the land with particulars of any damage caused under section 6 or of restrictions imposed under section 7; (b) the names of the persons whom he has reason to think interested in such land; (c) the amount of compensation awarded under section 12; and (d) if the objection be to the amount of the compensation, the grounds on which the amount of compensation was determined. (2) To the said statement shall be attached a schedule giving the particulars of the notices served upon and of the statements in writing made or delivered by, the parties interested respectively.
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