Vidhi Codex

The Works of Defence Act, 1903

The Works of Defence Act, 1903

Defence190348 sections5 chapters

The Works of Defence Act, 1903 regulates land use in the vicinity of military defence works across India. It applies to private landowners, occupiers, and the government, allowing authorities to restrict new constructions, demolish existing obstructions, and clear land within designated safety zones around military sites to maintain clear zones of fire. This law matters because it secures national defense installations efficiently without requiring the state to purchase all surrounding property outright. It also protects public interests by establishing a mandatory legal framework for affected property owners to claim fair financial compensation and appeal any valuation disputes in civil court.

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Part II IMPOSITION OF RESTRICTIONS

  1. 3Declaration and notice that restrictions will be imposed.
  2. 4Power to do preliminary Acts after publication of notice under section 3, sub-section (2).
  3. 5Payment for damage.
  4. 6Further powers exercisable after publication of notice under section 3, sub-section (2).
  5. 7Restrictions.
  6. 8Land to be marked out, measured, registered and planned.
  7. 9Notice to persons interested.
  8. 10Power to require and enforce the making of statements as to names and interests.
  9. 11Application of certain sections of the Indian Penal Code.
  10. 12Inquiry and award by Collector.
  11. 13Award of Collector when to be final.
  12. 14Adjournment of inquiry.
  13. 15Power to summon and enforce attendance of witnesses and production of documents.
  14. 16Matters to be considered and neglected.
  15. 17Supplementary proceedings.

Part III REFERENCE TO COURT AND PROCEDURE THEREON

  1. 18Reference to Court.
  2. 19Collector’s statement to the Court.
  3. 20Service of notice.
  4. 21Restriction on scope of proceedings.
  5. 22Proceedings to be in open Court.
  6. 23Matters to be considered in determining compensation.
  7. 24Matters not to be considered in determining compensation.
  8. 25Rules as to amount of compensation.
  9. 26Form of awards.
  10. 27Costs.
  11. 28Collector may be directed to pay interest on excess compensation.

Part IV APPORTIONMENT OF COMPENSATION

  1. 29Particulars of apportionment to be specified.
  2. 30Dispute as to apportionment.

Part V PAYMENT

  1. 31Payment of compensation or deposit of same in Court.
  2. 32Investment of money deposited in respect of lands belonging to persons incompetent to alienate.
  3. 33Investment of money deposited in other cases.
  4. 34Payment of interest.

Part VI MISCELLANEOUS

  1. 35Service of notices.
  2. 36Punishments.
  3. 36AAdjudication of penalties.
  4. 36BAppeal.
  5. 37Magistrate to enforce the terms of the Act.
  6. 38Completion of imposition of restrictions not compulsory, but compensation to be awarded when not completed
  7. 39Demolition of part of house or building and imposition of restrictions on part of land.
  8. 40Exemption from stamp duty and fees.
  9. 41Notice in case of suits for anything done in pursuance of Act.
  10. 42Code of Civil Procedure to apply to proceedings before Court.
  11. 43Appeals in proceedings before Court.
  12. 44Power to make rules.

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