Works of Defence Act, 1903
No: 7 Dated: Mar, 20 1903
THE WORKS OF DEFENCE ACT, 1903
ACT NO. 7 OF 1903
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
PRELIMINARY
1. Short title and extent.—(1) This Act may be called the Works of Defence Act, 1903; and
(2) It extends to the whole of India.
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;
(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 Central Government may, by notification in the 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 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 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 12 or until the exercise, prior to the making of the award, of the powers of demolition conferred, in case of emergency, by section 6, subsections (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 Procedure1 (14 of 1882) 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.
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.