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WORKS OF DEFENCE ACT

Ministry of Law and Justice

Act nº 7 of 1903


  • Part I
  • Part II
  • Part III
  • Part IV
  • Part V
  • Part VI
  • Act nº 7 of 1903

Preamble

THE WORKS OF DEFENCE ACT, 1903

[Act, No. 7 of 1903]

[20th March, 1903]

PREAMBLE

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 :

Part I

Section 1. Short title and extent

(1) This Act may be called The1[* * * * *] Works of Defence Act, 1903; and

2[(2) It extends to the whole of India].

_
1. Word Indian" omitted by the Works of Defence (Amendment) Act, 1974 (50 of 1974), Section 2 (12-12-1974).

2. Substituted for former sub-section (2) by the Works of Defence (Amendment) Act, 1965 (39 of 1965), Section 2 (3-12-1965).


Section 2. Definitions

In this Act, unless there is something repugnant in the subject or context,-

(a) the expression "land" includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth;

(b) the expression "person interested" includes all persons claiming an interest in compensation to be made on account of the imposition of restrictions upon the use and enjoyment of land under this Act; and a person shall be deemed to be interested in land if he is interested in an casement affecting the land;

1 [(c) the expression "District" means one of the Districts into which India is, for military purposes for the time being, divided; it includes a Brigade area which does not form part of any District, and any area which the 2 [Central Government] may, by notification in the 2 [Official Gazette], declare to be a District for all or any of the purposes of this Act;

(d) the expression "Central Officer Commanding the District" means the officer for the time being in command of-the forces in a District;]

(e) the expression "Commanding Officer" means the officer for the time being in command of a work of defence;

(f) the expression "Collector" includes any officer specially appointed by the 3 [Central Government] to perform the functions of a Collector under this Act;

(g) the expression "Court" means a principal Civil Court of original jurisdiction, unless the 3 [Central Government] has appointed (as it is hereby empowered to do) a special judicial officer within any specified local limits to perform the functions of the Court under this Act;

(h) "maintain", with its grammatical variations and cognate expressions, does not, when used in relation to a house or other construction, include the doing of any act necessary for keeping such house or construction, until the making of the award referred to in section 12or until the exercise, prior to the making of the award, of the powers of demolition conferred, in case of emergency, by section 6, sub-sections (1) and (3), in the state in which it was at the time of the publication of the notice referred to in section 3, sub-section (2);

(i) the following persons shall be deemed "entitled to act" as and to the extent hereinafter provided, that is to say,-

trustees for other persons beneficially interested shall be deemed the persons entitled to act with reference to any case, and that to the same extent as the persons beneficially interested could have acted if free from disability;

a married woman, in cases to which the English law is applicable, shall be deemed the person so entitled to act, and, whether of full age or not, to the same extent as if she were unmarried and of full age; and

the guardians of minors and the committees or managers of lunatics or idiots shall be deemed respectively the persons so entitled to act, to the same extent as the minors, lunatics or idiots themselves, if free from disability, could have acted :

Provided that-

(i) no person shall be deemed "entitled to act" whose interest in the subject-matter is shown to the satisfaction of the Collector or Court to be adverse to the interest of the person interested for whom he would otherwise be entitled to act;

(ii) in every case the person interested may appear by a next friend or, in default of his appearance by a next friend, the Collector or Court, as the case may be, shall appoint a guardian for the case to act on his behalf in the conduct thereof;

(iii) the provisions of Chapter XXXI of the Code of Civil Procedure shall, mutatis mutandis, apply in the case of persons interested appearing before a Collector or Court by a next friend, or by a guardian for the case, in proceedings under this Act; and

(iv) no person "entitled to act" shall be competent to receive the compensation money payable to the person for whom he is entitled to act, unless he would have been competent to alienate the land upon the use and enjoyment of which restrictions are to be imposed and receive and give a good discharge for the purchase-money on a voluntary sale,

1. Substituted for the original clauses (c) and (d) by the Indian Works of Defence (Amendment) Act, 1921 (11 of 1921), S. 2.

2. Substituted for the words "local Government" and "local official Gazette" by A.O., 1937 (1-4-1937).

3. Substituted for the words "Local Government" by A.O., 1937 (1-4-1937).


Section 2A. Construction of references to laws not in force, or any functionary not in existence, in any area

1[2A. Construction of references to laws not in force, or any functionary not in existence, in any area

Any reference in this Act to any law which is not in force in any area or any reference therein to any functionary not in existence in any area shall, in relation to that area, be construed as a reference to the corresponding law, if any, in force or to the corresponding functionary, if any, in existence, in that area,]

1. Inserted by the Works of Defence (Amendment) Act, 1965 (39 of 1965), Section 2 (3-12-1965).


Part II

Section 3. Declaration and notice that restrictions will be imposed

(1) Whenever it appears to the1[Central Government] that it is necessary to impose restrictions upon the use and enjoyment of land in the vicinity of any work of defence or of any site intended to be used or to be acquired for any such work, in order that such land may be kept free from buildings and other obstructions, a declaration shall be made to that effect under the signature of a Secretary to such Government or of some officer duly authorised to certify its orders.

(2) The said declaration shall be published in the2[Official Gazette] and shall state the district or other territorial division in which the land is situate and the place where a sketch plan of the land, which shall be prepared on a scale not smaller than six inches to the mile and shall distinguish the boundaries referred to in section 7, may be inspected; and the Collector shall cause public notice of the substance of the said declaration to be given at convenient places in the locality,

(3) The said declaration shall be conclusive proof that it is necessary to keep the land free from buildings and other obstructions.

1. Substituted for the words "Local Government" by A.O., 1937 (1-4-1937).

2. Substituted 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 with the consent of the occupier thereof) without previously giving such occupier at least seven days' notice in writing of his intention to do so.

1. Substituted for the words "Local Government" by A.O., 1937 (1-4-1937).


Section 5. Payment for damage

The officer so authorised shall at the time of such entry pay or tender payment for all necessary damage to be done as aforesaid, and, in case of dispute as to the sufficiency of the amount so paid or tendered, he shall at once refer the dispute to the decision of the Collector or other chief revenue officer of the district, and such decision shall be final.

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

(1) Whenever a declaration has been made and public notice thereof has been given under section 3, it shall, subject to the provisions of sub-sections (2) to (4), be lawful for such officer as the1[Central Government] may, by general or special order, authorise in this behalf, and for his servants and workmen, to enter and demolish any buildings or other constructions on the surface, to cut down or grub up all or any of the trees, to remove or alter all or any of the banks, fences, hedges and ditches, to make underground and other drains, to fill up all excavations, and demolish all buildings and other constructions below the surface, and generally to level and clear the said land and do all such acts for levelling and clearing the same as he may deem necessary or, proper but in such manner nevertheless that evidence of the boundaries of the lands held by different owners may be preserved.

(2) The powers conferred by sub-section (1) shall not be exercised,-

(a) save as otherwise provided by sub-section (3), before the making of the award hereinafter referred to in section 12, nor

(b) save as otherwise provided by sub-section (4), after the expiration of six months from the making of the said award, or any shorter period on the expiration of which the officer exercising such powers gives notice to the Collector that there will be no further exercise of them.

(3) In case of emergency, the1[Central Government]2[* *] may, by notification in the Official Gazette, declare that all or any powers conferred by sub-section (1) may be exercised at any time within six months after the publication of the notice 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).


Section 7. Restrictions

From and after the publication of the notice mentioned in section 3, sub-section (2), such of the following restrictions as the 1 [Central Government] may in its discretion declare therein shall attach with reference to such land, namely :

(a) Within an outer boundary which, except so far as is otherwise provided in section 39, sub-section (4), may extend to a distance of two thousand yards from the crest of the outer parapet of the work,-

(i) no variation shall be made in the ground-level, and no building, wall, bank or other construction above the ground shall be maintained, erected, added to or altered otherwise than with the written approval of the 2 [General Officer Commanding the District], and on such conditions, as he may prescribe;

(ii) no wood, earth, stone, brick, gravel, sand or other material shall be stacked, stored or otherwise accumulated:

Provided that, with the written approval of the 3 [General Officer Commanding the District] and on such conditions as he may prescribe, road-ballast, manure and agricultural produce may be exempted from the prohibition :

Provided also that any person having control of the land as owner, lessee or occupier shall be bound forthwith to remove such road-ballast, manure or agricultural produce, without compensation, on the requisition of the Commanding Officer :

(iii) no surveying operation shall be conducted otherwise than by or under the personal supervision of a public servant duly authorised in this behalf, in the case of land under the control of military authority, by the Commanding Officer and, in other cases, by the Collector with the concurrence of the Commanding Officer, and

(iv) where any building, wall, bank or other construction above the ground has been permitted under clause (i) of this sub-section to be maintaind, erected, added to or altered, repairs shall not, without the written approval of the 2 [General Officer Commanding the District], be made with materials different in kind from those employed in the original building, wall, bank or other construction.

(b) Within a second boundary which may extend to a distance of one thousand yards from the crest of the outer parapet of the work, the restrictions enumerated in clause (a) shall apply with the following additional limitations, namely :-

(i) 4 [no building, wall, bank or other construction of permanent materials above the ground shall be maintained otherwise than with the written approval of the General Officer Commanding the District and on such conditions as he may prescribe, and no such building, wall bank or other construction shall be erected :]

Provided that, with the written approval of the 1 [General Officer Commanding the District] and on such conditions as he may prescribe, huts, fences or other constructions of wood or other materials, easily destroyed or removed, may be maintained, erected, added to or altered :

Provided also, that any person having control of the land as owner, lessee or occupier shall be bound forthwith to destroy or remove such huts, fences or other constructions, without compensation, upon an order in writing signed by the 2 [General Officer Commanding the District]; and

(ii) live hedges, rows or clumps or trees or orchards shall not be maintained, planted, added to or altered otherwise than with the written approval of the 2 [General Officer Commanding the District] and on such conditions as he may prescribe.

(c) Within a third boundary which may extend to a distance of five hundred yards from the crest of the outero parapet of the work, the restrictions enumerated in clauses (a) and (b) shall apply with the following additional limitation, namely :-

no building or other construction on the surface, and no excavation, building or other construction below the surface, shall be maintained or erected :

Provided that, with the written approval of the Commanding Officer and on such conditions as he may prescribe, 5 [a building or other construction on the surface may be maintained and] open railings and dry brush-wood fences may be exempted from this prohibition.

1. Substituted for the words "Local Government" and "General Officer Commanding the Division" by A.O., 1937 (1-4-1937).

2. Substituted for the words "General Officer Commanding the Division" by the Indian Works of Defence (Amendment) Act, 1921 (11 of 1921), Section 3.

3. Substituted for the words "General Officer Commanding the Division, District or Brigade", 1921 (11 of 1921),

4. Substituted for the words "no building wall bank or other construction of permanent materials above the ground shall be maintained or erected" by the Indian Works of Defence (Amendment) Act, 1940 (28 of 1940), Section 2 (27-11-1940).

5. Inserted, by the Indian Works of Defence (Amendment) Act, 1940 (28 of 1940), Section 2 (27-11-1940).


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

As soon as may be after the publication of the declaration aforesaid, the Collector shall cause the land to be marked out and measured, and shall also prepare a register and a detailed plan, which shall be on a scale not smaller than six inches to the mile, showing accurately every building, tree and other obstruction.

Section 9. Notice to persons interested

(1) At any time before the expiration of-

(a) the period of eighteen months from the publication of the declaration referred to in section 3, or

(b) such other period not exceeding three years from the said publication as the1[Central Govern­ment]2[* * *] may, by notification in the3[Official Gazette] direct in this behalf,

the Collector shall cause public notice to be given at convenient places on or near the land, stating the effect of the said declaration and that claims to compensation for all interests in such land affected by anything done or ordered in pursuance 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 occupier (if any) of such land and on all such persons known or believed to be interested therein, or to be entitled to act for persons so interested, as reside or have agents authorised to receive service on their behalf, within the revenue-district in which the land is situate.

(4) In case any person so interested resides elsewhere, and has no such agent the notice shall be sent to him by post in a letter addressed to him at his last known residence, address or place of business.

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, A.O., 1937 (1-4-1937).

3. Substituted for the words 'Local Official Gazette' by A.O., 1937.


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

The Collector may also require any such person to make or deliver to him, at a time and place mentioned (such time not being earlier than fifteen days after the date of the requisition) a statement containing, so far as may be practicable, the name of every other person possessing any interest in the land or any part thereof as co-proprietor, sub-proprietor, mortgagee, tenant or otherwise, and of the nature of such interest, and of the rents and profits (if any) received or receivable on account thereof for three years next preceding the date of the statement.

Section 11. Application of certain sections of the Indian Penal Code

Every person required to make or deliver a statement under section 9 or section 10 shall be deemed to be legally bound to do so within the meaning of sections 175 and 176 of the Indian Penal Code.