The Works of Defence Act, 1903
Subject: General Law
Updated:
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Source page 1
The Works of Defence Act, 1903, is presented as Act No. 7 of 1903.
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Source page 17
The Works of Defence Act, 1903, provides exemptions from stamp duty and fees for awards and agreements made under the Act, and outlines procedures for suits, proceedings, and appeals, including the application of the Code of Civil Procedure and the power to make rules. The Central Government has the power to make rules for the enforcement of the Act, subject to conditions such as previous publication and laying the rules before each House of Parliament. The Act also includes provisions for modifications or annulment of rules by both Houses of Parliament, without prejudice to the validity of previous actions under the rules.
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Source page 2
The page lists seven amending acts to the Works of Defence Act, 1903, including the Code of Civil Procedure Act, 1908, and the Jan Vishwas (Amendment of Provisions) Act, 2026. It also provides a list of abbreviations used, including Cl. for Clause, Ins. for Inserted, and w.e.f. for with effect from.
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Source page 18
The Works of Defence Act, 1903, aims to enable the Government to maintain zones of fire around works of defence, free from buildings and obstructions, by establishing concentric zones with varying restrictions, and provides for compensation to landowners based on the Land Acquisition Act, 1894. The procedure for issuing notifications and exercising demolition rights is based on the English statute, with a reduced time period of six months for completing acts in pursuance of such rights. The absence of a similar enactment in British India has caused difficulties in restraining building construction near defence works, and the proposed Act seeks to address this issue.
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Source page 3
The Works of Defence Act, 1903, is divided into parts, including Preliminary, Imposition of Restrictions, and Reference to Court and Procedure Thereon, covering sections 1 to 22, which address various aspects such as short title, definitions, declaration of restrictions, payment for damage, and reference to court.
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Source page 4
The Works of Defence Act, 1903, outlines various provisions for determining compensation, apportionment, payment, and miscellaneous matters, including rules for investment, payment of interest, service of notices, punishments, and appeals, as well as exemptions and the application of the Code of Civil Procedure.
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Source page 5
The Works of Defence Act, 1903, provides for imposing restrictions on land use near defence works and determining compensation, with definitions for terms like 'land', 'person interested', 'District', and 'General Officer Commanding the District', and extends to the whole of India, with amendments and extensions to various regions. The Act has undergone several amendments, including extensions to Goa, Daman and Diu, and Pondicherry, and substitutions of various clauses and words, with effective dates ranging from 31-1-1963 to 12-12-1974. The Act defines key terms, including 'land' and 'person interested', and provides for the appointment of special officers and courts to perform functions under the Act.
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Source page 6
The Works of Defence Act, 1903, defines key terms, including 'maintain', and outlines who is 'entitled to act' in various cases, with certain provisions and exceptions, and also addresses the imposition of restrictions on land use near defence works. Exceptions and additional provisions are made for persons with adverse interests, appearance by next friends or guardians, and competence to receive compensation money. The Act also includes rules for constructing references to laws or functionaries not in force or in existence in certain areas and for declaring and noticing restrictions on land use.
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Source page 7
The Works of Defence Act, 1903, outlines the procedures for declaring land necessary for defence purposes, including publication of a declaration in the Official Gazette, public notice, and inspection of a sketch plan, with provisions for entering and surveying land, doing preliminary acts, and exercising further powers after publication of notice, subject to certain conditions and exceptions, including payment for damage and preservation of boundary evidence. However, entry into buildings or enclosed areas requires at least seven days’ notice to the occupier, unless consent is given. The exercise of powers conferred by sub-section (1) of section 6 is subject to certain limitations, including the making of an award and the expiration of six months from the making of the award, unless otherwise provided. In case of emergency, the Central Government may declare that powers conferred by sub-section (1) of section 6 may be exercised at any time within six months after publication of the notice.
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Source page 8
The Works of Defence Act, 1903, outlines restrictions on land use near defence works, including prohibitions on building, excavation, and material accumulation, with exceptions allowed with written approval from the General Officer Commanding the District, and provides for varying restrictions within two boundaries, one extending two thousand yards and the other one thousand yards from the defence work. The restrictions, which attach after publication of a notice, include requirements for written approval for certain activities and exemptions for specific materials like road-ballast, manure, and agricultural produce, subject to conditions and requisitions. Within the second boundary, additional limitations apply, including restrictions on maintaining or erecting buildings with permanent materials above ground without written approval.
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Source page 9
The Works of Defence Act, 1903, outlines restrictions on land use within certain boundaries of defence works, including prohibitions on constructions and excavations, with exceptions allowed with written approval from the General Officer Commanding the District or Commanding Officer, and requires notice to be given to persons interested in the land, stating the effect of the declaration and allowing claims to compensation. The Collector is responsible for marking out and measuring the land, preparing a register and plan, and giving public notice of the declaration's effect and the opportunity to make claims to compensation, with specific timeframes and requirements for the notice and claims process. The Act has undergone amendments, including substitutions and insertions, which have modified the text and requirements.
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Source page 10
The Collector is required to serve notice to the occupier and interested persons of land, and may require statements as to names and interests, with the power to enforce attendance of witnesses and production of documents, and make an award for compensation, which is final and conclusive except as otherwise provided. The Collector may require a statement containing the names and interests of persons with an interest in the land, including co-proprietors, sub-proprietors, mortgagees, tenants, and others, as well as the nature of such interest and rents and profits received. The Collector shall inquire into objections and make an award for compensation, including the true area of the land, nature of obstructions, and apportionment of compensation among interested persons. The award shall be final and conclusive evidence, except as otherwise provided, and the Collector shall give immediate notice of the award to interested persons not present. The Collector has the power to adjourn the inquiry, summon and enforce attendance of witnesses, and compel production of documents, similar to a Civil Court under the Code of Civil Procedure.
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Source page 11
The Works of Defence Act, 1903, outlines the procedures for determining compensation, including matters to be considered and neglected, and provides for supplementary proceedings and references to court, with specific rules and time limits for applications and notices, and restrictions on the scope of proceedings. Any person interested who has not accepted the award may require that the matter be referred to the Court within six weeks from the date of the Collector's award, or within six weeks of the receipt of the notice, or six months from the date of the award, whichever period expires first. The application shall state the grounds on which objection to the award is taken, and the Collector shall provide a statement to the Court with particulars of the land, interested persons, and compensation awarded. The Court shall cause a notice to be served on the applicant, interested persons, and the Collector, specifying the day on which the Court will proceed to determine the objection.
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Source page 12
The Works of Defence Act, 1903, outlines the proceedings for determining compensation, which shall take place in open Court, and the Court shall consider various factors, including the actual decrease in market value of the land and damage sustained by the person interested, in determining the amount of compensation to be awarded. The Court shall not consider certain factors, such as the degree of urgency or disinclination of the person interested, and the amount awarded shall be subject to rules, including not exceeding the amount claimed or being less than the amount awarded by the Collector. Every award under this Part shall be in writing, signed by the Judge, and shall specify the amounts awarded and the grounds for each award.
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Source page 13
The Works of Defence Act, 1903, outlines provisions for costs, compensation, apportionment, and payment, including the Collector's role in awarding compensation, paying costs, and making arrangements for payment or exchange of land, with the Court's oversight and potential direction on interest and disputes. The Act also addresses disputes over apportionment, payment, and title, with provisions for depositing compensation in Court, receiving payment under protest, and liability for paying compensation to the rightful owner. Additionally, the Collector may, with the Central Government's sanction, make alternative arrangements for compensation, such as granting other lands or remitting land-revenue.
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Source page 14
The Works of Defence Act, 1903, outlines provisions for the investment and payment of compensation for lands acquired, including the power of the Collector to enter into arrangements and the investment of deposited money in government or approved securities, with specific rules for payment of interest and service of notices. The Collector has the power to enter into arrangements with interested parties and is responsible for paying compensation with interest at a rate of six per centum per annum if not paid or deposited within fifteen days of the award. The Act also provides rules for the service of notices, including delivery or tendering of a copy, and alternative methods when the person cannot be found, such as serving an adult male family member or fixing a copy in a conspicuous place.
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Source page 15
The Works of Defence Act, 1903, provides for punishments and penalties for obstructing authorized persons, with fines and imprisonment, and outlines procedures for adjudicating penalties, appeals, and enforcement by Magistrates, with provisions for notice service and proof of receipt, as well as exceptions for physical or mental incapacity and unintentional conduct. Penalties may extend to two thousand and five hundred rupees, with additional penalties for continuing contraventions, and imprisonment for up to one month. The Central Government appoints an adjudicating officer to impose penalties, and an appellate authority to hear appeals, with time limits for filing and disposing of appeals.
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Source page 16
The Central Government has the liberty to withdraw from imposing restrictions and award compensation to owners for damages suffered, with the Collector determining the amount and paying it along with costs, and the provisions of Part III applying to the determination of compensation, while also considering demolition and restrictions on parts of land and buildings. The owner of a house or building may express a desire for the whole to be demolished or have the right to demolish acquired, with the option to withdraw or modify this desire, and the Collector may refer questions about the demolition to the Court, considering the full and unimpaired use of the house or building. If a claim for restrictions on land is deemed unreasonable or excessive, the Central Government may order restrictions on the whole land, without requiring fresh declarations or proceedings, and the Collector shall furnish a copy of the order and proceed to make an award.