The Works of Defence Act, 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.
Administered by. Ministry of Defence, Department of Defence · Other Acts of 1903
Preamble
THE WORKS OF DEFENCE ACT, 1903
ACT NO. 7 OF 19031
[20th March, 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:--
What this Act covers
The Works of Defence Act, 1903
Objective
• To protect defence works and military establishments from activities that may compromise their security or operational effectiveness.
• To regulate land use around defence installations in the interest of national defence.
• To enable the Government to acquire land or impose restrictions where necessary for defence purposes.
Key Provisions
• Empowers the Central Government to declare areas surrounding defence works as restricted or controlled zones.
• Authorizes the acquisition of land required for the construction, maintenance, or protection of defence works.
• Restricts the erection of buildings, excavation, quarrying, mining, or other activities that could obstruct or endanger defence installations.
• Provides for payment of compensation to landowners or persons affected by land acquisition or restrictions imposed under the Act.
• Prescribes procedures for issuing notices, hearing objections, determining compensation, and enforcing restrictions.
• Enables authorities to remove unauthorized structures or obstructions erected in violation of the Act.
Sections
Type to filter. 47 sections.
- 1Short title and extent
- 2Definitions
- 2AConstruction of references to laws not in force, or any functionary not in existence, in any area
- 3Declaration and notice that restrictions will be imposed
- 4Power to do preliminary Acts after publication of notice under section 3, sub-section (2)
- 5Payment for damage
- 6Further powers exercisable after publication of notice under section 3, sub-section (2)
- 7Restrictions
- 8Land to be marked out, measured, registered and planned
- 9Notice to persons interested
- 10Power to require and enforce the making of statements as to names and interests
- 11Application of certain sections of the Indian Penal Code
- 12Inquiry and award by Collector
- 13Award of Collector when to be final
- 14Adjournment of inquiry
- 15Power to summon and enforce attendance of witnesses and production of documents
- 16Matters to be considered and neglected
- 17Supplementary proceedings
- 18Reference to Court
- 19Collector's statement to the Court
- 20Service of notice
- 21Restriction on scope of proceedings
- 22Proceedings to be in open Court
- 23Matters to be considered in determining compensation
- 24Matters not to be considered in determining compensation
- 25Rules as to amount of compensation
- 26Form of awards
- 27Costs
- 28Collector may be directed to pay interest on excess compensation
- 29Particulars of apportionment to be specified
- 30Dispute as to apportionment
- 31Payment of compensation or deposit of same in Court
- 32Investment of money deposited in respect of lands belonging to persons incompetent to alienate
- 33Investment of money deposited in other cases
- 34Payment of interest
- 35Service of notices
- 36Punishments
- 36AAdjudication of penalties
- 36BAppeal
- 37Magistrate to enforce the terms of the Act
- 38Completion of imposition of restrictions not compulsory, but compensation to be awarded when not completed
- 39Demolition of part of house or building and imposition of restrictions on part of land
- 40Exemption from stamp duty and fees
- 41Notice in case of suits for anything done in pursuance of Act
- 42Code of Civil Procedure to apply to proceedings before Court
- 43Appeals in proceedings before Court
- 44Power to make rules
Related Acts
- The Indian Tolls (Army and Air Force) Act, 19018 sections
- The Indian Reserve Forces Act, 18888 sections
- The Indian Naval Armament Act, 192314 sections
- The Indian Soldiers (Litigation) Act, 192516 sections
- The Manoeuvres, Field Firing and Artillery Practice Act, 193813 sections
- The Armed Forces (Emergency Duties) Act, 19473 sections
- The Territorial Army Act, 194819 sections
- The National Cadet Corps Act, 194813 sections
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. 45 of 47 sections have their own page; for the remaining 2 the source gave us a heading and no text, so their pages carry the heading and say so rather than showing words we do not hold. This page is not a substitute for legal advice.