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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 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).

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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 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.....

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Works 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.

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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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Victoria Memorial Act, 1903 Complete Act

State: Central

Year: 1903

.....of the Indian Penal Code-: Provided that this section shall not apply to persons in the service of any con- tractor employed by the Trustees. SECTION 05: RULES (1) The 9[Central Government] may make rules10to carry out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide- (a) for the manner in which Trustees, other than ex-officio Trustees, shall be appointed, and for the periods of time for which such Trustees shall hold office, (b) for the manner in which meetings of the Trustees shall be convened, the quorum necessary for the transaction of business, and the procedure at such meetings; 11[(bb) for the manner in which a majority decision of the Trustees shall be obtained by circulation to the Trustees of the matter requiring decision;] (c) for the appointment of Committees of the Trustees, and the powers of expenditure and control which may be delegated to such Committees; (d) for the erection, maintenance and management of the Memorial, the care and custody of the objects deposited therein, and the conditions under which the public shall have access thereto; (e) for the form of accounts to be.....

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Works 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.....

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Works 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.

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