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Preamble – WORKS OF DEFENCE ACT, 1903

WORKS OF DEFENCE ACT, 1903

 

Preamble

 

[Act No. 7 of 1903]1

[20th March 1903]

 

STATEMENT OF OBJECT AND REASONS

 

Amending Act 39 of 1965.—

 

The Indian Works of Defence Act, 1903 (7 of 1903) provides for the imposition of 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. The Act at present does not extend to some areas such, as the territories, which immediately before The 1st November 1956, were, comprised in Part B States. Hence it is not possible to impose restrictions, which may be considered necessary upon the use and enjoyment of land around such defence works located in those territories. It Is, therefore, proposed to amend the Act so as to make its provisions applicable to the whole of India including the areas to which it does not at present extend. —Gaz. of Ind., 23-8-1965, Pt. II, S. 2, Ext., p. 817.

 

Amending Act 50 of 1974.—

 

The Indian Works of Defence Act, 1903, inter alia provides for the imposition of 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. The restrictions under the Act are imposed through civil authorities, normally the Collector under section 37of the Act, if the Collector or the officer authorised under section 6is opposed or impeded in doing anything directed or permitted by the Act, he is empowered to enforce compliance if he is himself a magistrate and if not, he has to apply to a magistrate and in the cities of Calcutta, Madras and Bombay to the Commissioner of Police, who shall enforce compliance. Since the enactment of the Act, Commissioners of Police have been appointed for certain cities other than the presidency towns of Calcutta, Madras and Bombay. It is possible that the Commissioners of Police may be appointed in future for more cities also. With a view to enabling the Collector and the officer authorised under section 6to apply to the Commissioners of Police for enforcing compliance with the Act in any area for which a Commissioner of Police has been appointed. it is proposed to amend section 37of the Act suitably.

 

The Bill is mainly intended to achieve the above objects.—Gaz. of Ind., 27-11-1973, Pt. II, S. 2, Ext„ p. 949.

 

ACT HOW AFFECTED BY SUBSEQUENT LEGISLATION

Amended by Acts 5 of 1909, II of 1921, 28 of 1940, 39 of 1965, 50 of 1974.

 

– Adapted by A.O. 1937, A.C.A.O. 1948, A.L.O., 1956.

 

– Extended by Acts 4 of 1941, 59 of 1949, 30 of 1950, 39 of 1965, Regns, 12 of 1962, 7 of 1963.

 

 

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 tree 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:—

 

——————–

 

1. For Statement of Objects and Reasons, see Gaz. Of ndia, 1902, Pt. V, P. 84; for report of the select committee, see ibid, 1903, p. 105.

 

This Act has been declared to be in force in the Khondmals District by the Khondmals Laws Regulation, 1936 (4 of 1936), S. 3 Sch., and in the Angul District by the Angul Laws Regulation, 1936 (5 of 1936), S. 3 and Sch. Khondmals and Angul districts are parts of Orissa State now Regn. 5 of 1936 has been repealed by Orissa Act 19 of 1967 w.e.f. 15-9-67. Regn. No. 4 of 1936 has been repealed in part by Orissa Act 1 of 1963, S. 69.

 

The Act has been extended to Berar by Act 4 of 1941 (now part of the State of Maharashtra); to the new Provinces and merged States by theMerged States (Laws) Act, 1949 (59 of 1949), S. 3 (11-1950) and to the States of Manipur, Tripura and Vindhya Pradesh by the Union Territories (Laws) Act, 1950 (30 of 1950), S. 3 (16-4-1950); Manipur and Tripura are now full-fledged States—See Act 81 of 1971; Vindhya Pradesh is a part of the State of Madhya Pradesh—See Act 37 of 1956, S. 9 (1-11-1956).

 

The Act was extended to the Union territories of,—

 

(1) Goa, Daman and Diu—Regn. 12 of 1962, S. 3(1) and Sch. (31-11963).

 

(2) Pondicherry—Regn. 7 of 1963, S. 3 and Sch. 1 (1-10-1963).

 

The Act was extended to and enforced on 1-3-1976 in Sikkim—See S.R.O. 16(E) of 1976 and S.O. 208(E) of 1975.

 

 

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