The Works of Defence Act, 1903

The Works of Defence Act, 1903

( ACT NO. VII OF 1903 )

Service of notices.
35.(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 be proved by the production of the addressee's receipt.
36. Whoever wilfully,-
(a) obstructs any person in doing any of the acts authorized 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, section 7A 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 Taka, or with both, and, in the case of a continuing offence, with an additional fine which may extend to five Taka 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.
Magistrate to enforce the terms of the Act.
37. If the Collector or officer authorized 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 Magistrate and such Magistrate shall enforce compliance.
Completion of imposition of restrictions not compulsory, but compensation to be awarded when not completed.
38.(1) The Government shall be at liberty to withdraw from the imposition of any declared restrictions before any of the measures authorized by section 6 have been taken.
(2) Whenever the Government withdraws the imposition of any declared restrictions, the Collector shall determine the amount of compensation due for the damage suffered by the owner in consequence of the notice or of any proceedings thereunder, and shall pay such amount to the person interested, together with all costs reasonably incurred by him in the prosecution of the proceedings under this Act relating to the said restrictions.
(3) The provisions of Part III shall apply, so far as may be, to the determination of the compensation payable under this section.
Demolition of part of house or building and imposition of restrictions on pat of land.
39.(1) The provisions of this Act shall not be put in force for the purpose of demolishing or acquiring the right to demolish a part only of any house, manufactory or other building, if the owner desires that the whole of such house, manufactory or building shall be demolished or that the right to demolish the whole of it shall be acquired:
Provided that the owner may at any time before the Collector has made his award under section 12, by notice in writing, withdraw or modify his expressed desire that the whole of such house, manufactory or building shall be demolished, or that the right to demolish the whole of it shall be acquired:
Provided, also, that, if any question shall arise as to whether any building or other construction proposed to be demolished under this Act does or does not form part of a house, manufactory or building within the meaning of this section, the Collector shall refer the determination of such question to the Court, and such building or other construction shall not be demolished until after the question has been determined.
In deciding on such a reference the Court shall have regard to the question whether the building or other construction proposed to be demolished is reasonably required for the full and unimpaired use of the house, manufactory or building.
(2) If, in the case of any claim of the kind referred to in section 23, sub-section (1), clause (c), by a person interested, no account of ceasing to be able to use the land, upon the use and enjoyment of which restrictions are to be imposed, conjointly with his other land, the Government is of opinion that the claim is unreasonable or excessive, it may, at any time before the Collector has made his award, order the imposition of restrictions upon the whole of the land of which the land upon the use and enjoyment of which it was first sought to impose restrictions forms a part.
(3) In the case provided for by sub-section (2) no fresh declaration or other proceeding under sections 3 to 10 shall be necessary; but the Collector shall without delay furnish a copy of the order of the Government to the person interested, and shall thereafter proceed to make his award under section 12.
(4) Notwithstanding anything contained in section 7, clause (a), any land, upon the use and enjoyment of which restrictions are imposed under this section, may be included in the outer boundary, even though its distance from the crest of the outer parapet of the work exceeds two thousand yards.
Exemption from stamp-duty and fees.
40. No award or agreement made under this Act shall be chargeable with stamp-duty, and no person claiming under any such award or agreement shall be liable to pay any fee for a copy of the same.
Notice in case of suits for anything done in pursuance of Act.
41. No suit or other proceeding shall be commenced or prosecuted against any person for anything done in pursuance of this Act, without giving to such person a month's previous notice in writing of the intended proceeding, and of the cause thereof, nor after tender of sufficient amends.
Code of Civil Procedure to apply to proceedings before Court.
42. Save in so far as they may be inconsistent with anything contained in this Act, the provisions of the 1[Code of Civil Procedure, 1908,] shall apply to all proceedings before the Court under this Act.
Appeals in proceedings before Court.
43. Subject to the provisions of the 2[Code of Civil Procedure, 1908,] applicable to appeals from original decrees, an appeal shall lie to the 3[High Court Division] from the award or from any part of the award of the Court in any proceeding under this Act.
Power to make rules.
44.(1) The Government may make rules for the guidance of officers in all matters connected with the enforcement of this Act.
(2) The power to make rules under sub-section (1) shall be subject to the condition of the rules being made after previous publication.
(3) All rules made under sub-section (1) shall be published in the Official Gazette, and shall thereupon have effect as if enacted in this Act.

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