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Works of Defence Act, 1903 | 16 | 16. Matters to be considered and neglected.-
In determining the amount of compensation, the Collector shall be guided by the provisions contained in sections 23 and 24. |
Works of Defence Act, 1903 | 17 | 17. Supplementary proceedings.-
Whenever the officer exercising powers conferred by section 6 considers it necessary that anything in respect of which any person is or may be entitled to compensation but of which do notice has been given or compensation awarded, under sections 9 and 12, respectively, should be done in ... |
Works of Defence Act, 1903 | 18 | Part III
Reference to Court and Procedure Thereon
18. Reference to Court.-
(1) Any person interested who has not accepted the award may, by written application to the Collector, require that the mailer be referred by the Collector for the determination of the Court, whether his objection be to the measurement of the la... |
Works of Defence Act, 1903 | 19 | 19. Collector's statement to the Court.-
(1) In making the reference the Collector shall state, for the information of the Court, in writing under his hand-
(a) the situation and extent of the land with particulars of any damage caused under section 6 or of restrictions imposed under section 7;
(b) the names of the per... |
Works of Defence Act, 1903 | 2 | 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... |
Works of Defence Act, 1903 | 20 | 20. Service of notice.-
The Court shall thereupon cause a notice specifying the day on which the Court will proceed to determine the objection, and directing their appearance before the Court on that day, to be served on the following persons namely:-
(a) the applicant;
(b) all persons interested in the objection, exce... |
Works of Defence Act, 1903 | 21 | 21. Restriction on scope of proceedings.-
The scope of the inquiry in every such proceeding shall be restricted to a consideration of the interests of the persons affected by the objection. |
Works of Defence Act, 1903 | 22 | 22. Proceedings to be in open Court.-
Every such proceeding shall take place in open Court, and all persons entitled to practise in any Civil Court in the State shall be entitled to appear, plead and act, as the case may be, in such proceeding. |
Works of Defence Act, 1903 | 23 | 23. Matters to be considered in determining compensation.-
(1) In determining the amount of compensation to be awarded for damage caused, or to be caused, or for restrictions imposed under this Act, the Court shall take into consideration-
(a) the actual decrease in market value of the land owing to the publication of ... |
Works of Defence Act, 1903 | 24 | 24. Matters not to be considered in determining compensation.-
In determining the amount of compensation to be awarded for damage caused, or to be caused, or for restrictions imposed under this Act, the Court shall not take into consideration-
(a) the degree of urgency which has led to the damage or the imposition of r... |
Works of Defence Act, 1903 | 25 | 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 ... |
Works of Defence Act, 1903 | 26 | 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 of the same sub-section, together with the grounds of awarding... |
Works of Defence Act, 1903 | 27 | 27. Costs.-
(1) Every such award shall also state the amount of costs incurred in the proceedings under this Pan, and by what persons and in what proportion they are to be paid.
(2) When the award of the Collector is not upheld, the costs shall ordinarily be paid by the Collector, unless the Court is of opinion that th... |
Works of Defence Act, 1903 | 28 | 28. Collector may be directed to pay interest on excess compensation.-
If the sum which, in the opinion of the Court, the Collector ought to have awarded as compensation is in excess of the sum which the Collector did award as compensation, the Court may direct that the Collector shall pay interest on such excess at th... |
Works of Defence Act, 1903 | 29 | Part IV
Apportionment of Compensation
29. Particulars of apportionment to be specified.-
Where there are several persons interested, if such persons agreed in the apportionment of the compensation, the particulars of such apportionment shall be specified in the award, and as between such persons the award shall be conc... |
Works of Defence Act, 1903 | 3 | Part II I
mposition of Restrictions
3. Declaration and notice that restrictions will be imposed.-
(1) Whenever it appears to the 3[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 acquire... |
Works of Defence Act, 1903 | 30 | 30. Dispute as to apportionment.-
When the amount of compensation has been settled under section 12, if any dispute arises as to the apportionment of the same or any part thereof, or as to the persons to whom the same or any part thereof is payable, the Collector may refer such dispute to the decision of the Court. |
Works of Defence Act, 1903 | 31 | Part V
Payment
31. Payment of compensation or deposit of same in Court.-
(1) On making an award under section 12, the Collector shall tender payment of the compensation awarded by him to the persons interested entitled thereto according to the award, and shall pay it to them unless prevented by some one or more of the ... |
Works of Defence Act, 1903 | 32 | 32. Investment of money deposited in respect of lands belonging to persons incompetent to alienate.-
(1) If any money is deposited in Court under section 31, sub-section (2), and it appears that the land in respect of which the same was awarded belonged to any person who had no power to alienate the same, the Court sha... |
Works of Defence Act, 1903 | 33 | 33. Investment of money deposited in other cases.-
If any money is deposited in Court under this Act for any cause other than that mentioned in section 32, the Court may, on the application of any party interested or claiming an interest in such money, order the same to be invested in such Government or other approved ... |
Works of Defence Act, 1903 | 34 | 34. Payment of interest.-
When the amount of any compensation awarded under this Act is not paid or deposited within fifteen days of making the award, the Collector shall pay the amount awarded with interest thereon at the rate of six per centum per annum from the date of the award until it is so paid or deposited. |
Works of Defence Act, 1903 | 35 | Part VI
Miscellaneous
35. Service of notices.-
(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... |
Works of Defence Act, 1903 | 36 | 36. Penalties.-
Whoever willfully-
(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 pr... |
Works of Defence Act, 1903 | 37 | 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 Magistrate 1[or (within any area for which a Com... |
Works of Defence Act, 1903 | 38 | 38. Completion of imposition of restrictions not compulsory, but compensation to be awarded when not completed.-
(1) The 2[Central Government] shall be at liberty to withdraw from the imposition of any declared restrictions before any of the measures authorised by section 6 have been taken.
(2) Whenever the 2[Central G... |
Works of Defence Act, 1903 | 39 | 39. Demolition of part of house or building and imposition of restrictions on part of land.-
(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 hou... |
Works of Defence Act, 1903 | 4 | 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... |
Works of Defence Act, 1903 | 40 | 40. Exemption from stamp duty and fees.-
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. |
Works of Defence Act, 1903 | 41 | 41. Notice in case of suits for anything done in pursuance of Act.-
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 aft... |
Works of Defence Act, 1903 | 42 | 42. Code of Civil Procedure to apply to proceedings before Court.-
Save in so far as they may be inconsistent with anything contained in this Act, the provisions of the Code of Civil Procedure2 (14 of 1882) shall apply to all proceedings before the Court under this Act. |
Works of Defence Act, 1903 | 43 | 43. Appeals in proceedings before Court.-
Subject to the provisions of the Code of Civil Procedure2 (14 of 1882) applicable to appeals from original decrees, an appeal shall lie to the High Court from the award or from any part of the award of the Court in any proceeding under this Act. |
Works of Defence Act, 1903 | 44 | 44. Power to make rules.-
(1) 3[The Central Government may, by notification in the Official Gazette, 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 previ... |
Works of Defence Act, 1903 | 5 | 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 re... |
Works of Defence Act, 1903 | 6 | 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 the 1[Central Government] may, by ... |
Works of Defence Act, 1903 | 7 | 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 otherwi... |
Works of Defence Act, 1903 | 8 | 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, s... |
Works of Defence Act, 1903 | 9 | 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 the 4[Central Government] 5*** may, by notification in the Offic... |
Young Persons (Harmful Publications) Act, 1956 | 1 | Young Persons (Harmful Publications) Act, 1956
1.Short title, extent and commencement. -
(1)This Act may be called The Young Persons
(Harmful Publications) Act, 1956.
(2)It extends to the whole of India except the State of Jammu and Kashmir .
(3)It shall come into force on such 1[date] as
the Central Government may... |
Young Persons (Harmful Publications) Act, 1956 | 2 | Young Persons (Harmful Publications) Act, 1956
2.Definitions
(a)"Harmful publication” means any book,
magazine, pamphlet, leaflet, newspaper) or other like publication which
consists of stories told with the aid of pictures or without the aid of
pictures or wholly in pictures, being stories portraying wholly or
m... |
Young Persons (Harmful Publications) Act, 1956 | 3 | Young Persons (Harmful Publications) Act, 1956
3.Penalty for sale, etc., of harmful
Locations. -
(1) If a person-
(a)Sells, lets to
hire, distributes, publicly exhibits of in any manner puts into circulation,
any harmful publication, or
(b)For purposes of
sale, hire, distribution, public exhibition or circulation,... |
Young Persons (Harmful Publications) Act, 1956 | 4 | Young Persons (Harmful Publications) Act, 1956
4.Power of Government to declare harmful
publications forfeited-
(1)The State Government may, if it is of
opinion after consultation with the principal law officer of the State, whether
called the Advocate General or by any other name, that any publication is a
harmfu... |
Young Persons (Harmful Publications) Act, 1956 | 5 | Young Persons (Harmful Publications) Act, 1956
5.Appeal to High Court against order of
forfeiture
Any person aggrieved by an order of forfeiture
passed by the State Government under Section 4 may, within sixty days of the date
of such order, apply to the High Court to set aside such order, and, upon such
applicatio... |
Young Persons (Harmful Publications) Act, 1956 | 6 | Young Persons (Harmful Publications) Act, 1956
6.Power to seize and destroy harmful
publications. -
(1)Any police officer or any other office
empowered in this behalf by the State Government may seize any harmful
publication.
(2)Any Magistrate of the first class may, by
warrant, authorize any police officer not bel... |
Young Persons (Harmful Publications) Act, 1956 | 7 | Young Persons (Harmful Publications) Act, 1956
7. Offences under this Act to be cognizable
Offences under this Act to be cognizable
Notwithstanding anything contained in the 1[Code of Criminal Procedure, 1898 (5
of 1898)], any offence punishable under this Act shall be cognizable.
1.See now Code of criminal procedu... |
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