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Section 38 – WORKS OF DEFENCE ACT, 1903



Section 38. Completion of imposition of restrictions not compulsory, but compensation to be awarded when not completed


(1) The 1[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 1[Central Government] withdraws the imposition of any declared restrictions, the Collector shall determine the amount of compensation due for the damage suffered by the owner in consequence of the notice or of any proceedings thereunder, and shall pay such amount to the person interested, together with all costs reasonably incurred by him in the prosecution of the proceedings under this Act relating to the said restrictions.


(3) The provisions of Part III shall apply, so far as may be, to the determination of the compensation payable under this section.




1. Substituted, for the words “Local Government” by A. 0., 1937 (1-4-1937).



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