The Works of Defence Act, 1903

( ACT NO. VII OF 1903 )

[ 20th March, 1903 ]
1♣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 free 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 of defence in order that such land may be kept free from buildings and other obstructions, and for determining the amount of compensation to be made on account of such imposition; It is hereby enacted as follows:-
 

CONTENTS

SECTIONS

Part I

PRELIMINARY

1. Short title and extent.

2. Definitions

Part II

IMPOSITION OF RESTRICTIONS

3. Declaration and notice that restrictions will be imposed.

4. Power to do preliminary acts after publication of notice under section 3, sub-section (2).

5. Payment for damage.

6. Further powers exercisable after publication of notice under section 3, sub-section (2).

7. Restrictions

7A. Restrictions with reference to airfield.

8. Land to be marked out, measured, registered and planned.

9. Notice to persons interested.

10. Power to require and enforce the making of statements as to names and interests.

11. Application of certain sections of the Penal Code.

12. Inquiry and award by Collector.

13. Award of Collector when to be final.

14. Adjournment of inquiry.

15. Power to summon and enforce attendance of witnesses and production of documents.

16. Matters to be considered and neglected.

17. Supplementary proceedings.

Part III

REFERENCE TO COURT AND PROCEDURE THEREON

18. Reference to Court.

19. Collector’s statement to the Court.

20. Services of notice.

21. Restriction on scope of proceedings.

22. Proceedings to be in open Court.

23. Matters to be considered in determining compensation.

24. Matters not to be considered in determining compensation.

25. Rules as to amount of compensation.

26. Form of awards.

27. Costs

28. Collector may be directed to pay interest on excess compensation.

Part IV

APPORTIONMENT OF COMPENSATION

29. Particulars of apportionment to be specified.

30. Dispute as to apportionment.

Part V

PAYMENT

31. Payment of compensation or deposit of same in Court.

32. Investment of money deposited in respect of lands belonging to persons incompetent to alienate.

33. Investment of money deposited in other cases.

34. Payment of interest.

Part VI

MISCELLANEOUS

35. Service of notices.

36. Penalties

37. Magistrate to enforce the terms of the Act.

38. Completion of imposition of restrictions not compulsory, but compensation to be awarded when not completed.

39. Demolition of part of house or building and imposition of restrictions on pat of land.

40. Exemption from stamp-duty and fees.

41. Notice in case of suits for anything done in pursuance of Act.

42. Code of Civil Procedure to apply to proceedings before Court.

43. Appeals in proceedings before Court.

44. Power to make rules.