#THE WORKS OF DEFENCE ACT, 1903 
_________ 

##ARRANGEMENT OF SECTIONS 
________ 

###PART I 

###PRELIMINARY 

SECTIONS 

1. Short title and extent. 
2. Definitions. 
2A. Construction of references to laws not in force, or any functionary not in existence, in any area. 

###PART II 

###IMPOSITION OF RESTRICTIONS 

3. Declaration and notice that restrictions will be imposed. 
4. Power to do preliminary Acts after publication of notice under section 3, sub-section (2). 
5. Payment for damage. 
6. Further powers exercisable after publication of notice under section 3, sub-section (2). 
7. Restrictions. 
8. Land to be marked out, measured, registered and planned. 
9. Notice to persons interested. 
10. Power to require and enforce the making of statements as to names and interests. 
11. Application of certain sections of the Indian Penal Code. 
12. Inquiry and award by Collector. 
13. Award of Collector when to be final. 
14. Adjournment of inquiry. 
15. Power to summon and enforce attendance of witnesses and production of documents. 
16. Matters to be considered and neglected. 
17. Supplementary proceedings. 

###PART III 

###REFERENCE TO COURT AND PROCEDURE THEREON 

18. Reference to Court. 
19. Collector’s statement to the Court. 
20. Service of notice. 
21. Restriction on scope of proceedings. 
22. Proceedings to be in open Court. 
23. Matters to be considered in determining compensation. 
24. Matters not to be considered in determining compensation. 
25. Rules as to amount of compensation. 
26. Form of awards. 
27. Costs. 
28. Collector may be directed to pay interest on excess compensation. 

###PART IV 

###APPORTIONMENT OF COMPENSATION 

29. Particulars of apportionment to be specified. 
30. Dispute as to apportionment. 

###PART V 

###PAYMENT 

31. Payment of compensation or deposit of same in Court. 
32. Investment of money deposited in respect of lands belonging to persons incompetent to alienate. 
33. Investment of money deposited in other cases. 
34. Payment of interest. 

###PART VI 

###MISCELLANEOUS 

35. Service of notices. 
36. Penalties. 
37. Magistrate to enforce the terms of the Act. 
38. Completion of imposition of restrictions not compulsory, but compensation to be awarded when not 
  completed. 
39. Demolition of part of house or building and imposition of restrictions on part of land. 
40. Exemption from stamp duty and fees. 
41. Notice in case of suits for anything done in pursuance of Act. 
42. Code of Civil Procedure to apply to proceedings before Court. 
43. Appeals in proceedings before Court. 
44. Power to make rules. 



#THE WORKS OF DEFENCE ACT, 1903 

##ACT NO. 7 OF 1903

[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:— 

###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,  sub-
sections (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  Procedure[^1] (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.

###PART II 

###IMPOSITION OF RESTRICTIONS 

3. **Declaration and notice that restrictions will be imposed.**—(1) Whenever it appears to the Central 
Government that it is necessary to impose restrictions upon the use and enjoyment of land in the vicinity of 
any work of defence or of any site intended to be used or to be acquired for any such work, in order that such 
land may be kept free from buildings and other obstructions, a declaration shall be made to that effect under 
the signature of a Secretary to such Government or of some officer duly authorised to certify its orders. 

(2) The  said  declaration  shall  be  published  in  the  Official  Gazette  and  shall  state  the  district  or  other 
territorial division in which the land is situate and the place where a sketch plan of the land, which shall be 
prepared on a scale not smaller than six inches to the mile and shall distinguish the boundaries referred to in 
section  7,  may  be  inspected;  and  the  Collector  shall  cause  public  notice  of  the  substance  of  the  said 
declaration to be given at convenient places in the locality, 

(3) The said declaration shall be conclusive proof that it is necessary to keep the land free from buildings 
and other obstructions. 

4. **Power to do preliminary Acts after publication of notice under section 3, sub-section (2).**—It shall 
be  lawful for  such  officer as  the Central Government may,  by  general  or  special  order,  authorise  in this 
behalf, and for his servants and workmen, at any time after publication of the notice mentioned in section 3, 
sub-section (2), to enter upon and survey and take levels of any land in such locality, to dig or bore into the 
sub-soil, to do all other acts necessary to ascertain whether any and, if so, what restrictions should be imposed 
on the use and enjoyment of the land, to set out the boundaries of the land upon  the use and enjoyment of 
which restrictions are to be imposed, or of any part of such land, to mark such levels, boundaries and line by 
placing marks and cutting trenches, and, where otherwise the survey cannot be completed and the levels taken 
and  the  boundaries  and  line  marked,  to  cut  down  and  clear  away  any  part  of  any  standing  crop,  fence  or 
jungle : 

  Provided that no person shall enter into any building or upon any enclosed court or garden attached to a 
dwelling-house (unless with the consent of the occupier thereof) without previously giving such occupier at 
least seven days’ notice in writing of his intention to do so. 

5. **Payment for damage.**—The  officer  so  authorised  shall  at  the  time  of  such  entry  pay  or  tender 
payment for all necessary damage to be done as aforesaid, and, in case of dispute as to the sufficiency of the 
amount so paid or tendered, he shall at once refer the dispute to the decision of the Collector or other chief 
revenue officer of the district, and such decision shall be final. 

6. **Further  powers  exercisable  after  publication  of  notice  under  section  3,  sub-section  (2).**—(1) 
Whenever  a  declaration  has  been  made  and  public  notice  thereof  has  been  given  under  section  3,  it  shall, 
subject to the provisions of sub-sections (2) to (4), be lawful for such officer as the Central Government 
may,  by  general  or  special  order,  authorise  in  this  behalf,  and  for  his  servants  and  workmen,  to  enter  and 
demolish any buildings or other constructions on the surface, to cut down or grub up all or any of the trees, to 
remove or alter all or any of the banks, fences, hedges and ditches, to make underground and other drains, to 
fill up all excavations, and demolish all buildings and other constructions below the surface, and generally to 
level  and  clear  the  said  land  and  do  all  such  acts  for  levelling  and  clearing  the  same  as  he  may  deem 
necessary  or,  proper  but  in  such  manner  nevertheless  that  evidence  of  the  boundaries  of  the  lands  held  by 
different owners may be preserved. 

(2) The powers conferred by sub-section (1) shall not be exercised,— 

  (a) save as otherwise provided by sub-section (3), before the making of the award hereinafter referred 
to in section 12, nor 

  (b) save as otherwise provided by sub-section (4), after the expiration of six months from the making 
of the  said  award,  or  any  shorter  period  on  the  expiration  of  which  the  officer  exercising  such  powers 
gives notice to the Collector that there will be no further exercise of them. 

(3) In case of emergency, the Central Government may, by notification in the Official Gazette, 
declare that all or any powers conferred by sub-section (1) may be exercised at any time within six months 
after the publication of the notice referred to in section 3, sub-section (2), and such powers may be exercised 
accordingly, and the said notification shall be conclusive proof of emergency. 

(4) Nothing in sub-section (2) shall be deemed to preclude any such officer or his servants or workmen 
from exercising at any lime the said powers for the purpose of removing, wholly or in part, any building or 
other obstruction maintained, created, added to, altered, planted, stacked, stored or otherwise accumulated in 
contravention  of  this  Act  or  of  any  rule  or  order  made  there  under  or  of  any  condition  prescribed  in 
accordance therewith. 

7. **Restrictions.**—From  and  after  the  publication  of  the  notice  mentioned  in  section  3,  sub-section  (2), 
such  of  the  following  restrictions  as  the Central Government may  in  its  discretion  declare  therein  shall 
attach with reference to such land, namely:— 

  (a) Within  an  outer  boundary  which,  except  so  far  as  is  otherwise  provided  in  section  39, 
sub-section (4), may extend to a distance of two thousand yards from the crest of the outer parapet of the 
work,— 

     (i) no  variation  shall  be  made  in  the  ground-level,  and  no  building,  wall,  bank  or  other 
construction above the ground shall be maintained, erected, added to or altered otherwise than with 
the written approval of the General Officer Commanding the District, and on such conditions, as 
he may prescribe; 

     (ii) no  wood,  earth,  stone,  brick,  gravel,  sand  or  other  material  shall  be  stacked,  stored  or 
otherwise accumulated: 

     Provided that, with the written approval of the General Officer Commanding the District and 
on  such  conditions  as  he  may  prescribe,  road-ballast,  manure  and  agricultural  produce  may  be 
exempted from the prohibition: 

     Provided  also  that  any  person  having  control  of  the  land  as  owner,  lessee  or  occupier  shall  be 
bound forthwith to remove such road-ballast, manure or agricultural produce, without compensation, 
on the requisition of the Commanding Officer; 

     (iii) no  surveying  operation  shall  be  conducted  otherwise  than  by  or  under  the  personal 
supervision of a public servant duly authorised in this behalf, in the case of land under the control of 
military  authority,  by  the  Commanding  Officer  and,  in  other  cases,  by  the  Collector  with  the 
concurrence of the Commanding Officer; and 

     (iv) where  any  building,  wall, bank  or  other construction  above  the  ground  has been  permitted 
under  clause  (i)  of  this  sub-section  to  be  maintaind,  erected,  added  to  or  altered,  repairs  shall  not, 
without  the  written  approval  of  the General Officer Commanding the District, be  made  with 
materials  different  in  kind  from  those  employed  in  the  original  building,  wall,  bank  or  other 
construction. 

  (b) Within a second boundary which may extend to a distance of one thousand yards from the crest of 
the  outer  parapet  of  the  work,  the  restrictions  enumerated  in  clause  (a)  shall  apply  with  the  following 
additional limitations, namely:— 

     (i) no building, wall, bank or other construction of permanent materials above the ground shall 
be  maintained  otherwise  than  with  the  written  approval  of  the  General  Officer  Commanding  the 
District  and  on  such  conditions  as  he  may  prescribe,  and  no  such  building,  wall  bank  or  other 
construction shall be erected:

     Provided that, with the written approval of the General Officer Commanding the District and 
on  such  conditions  as  he  may  prescribe,  huts,  fences  or  other  constructions  of  wood  or  other 
materials, easily destroyed or removed, may be maintained, erected, added to or altered: 

     Provided also, that any person having control of the land as owner, lessee or occupier shall be 
bound forthwith to destroy or remove such huts, fences or other constructions, without compensation, 
upon an order in writing signed by the General Officer Commanding the District; and 

     (ii) live hedges, rows or clumps or trees or orchards shall not be maintained, planted, added to or 
altered otherwise than with the written approval of the General Officer Commanding the District 
and on such conditions as he may prescribe. 

  (c) Within a third boundary which may extend to a distance of five hundred yards from the crest of 
the  outero  parapet  of  the  work,  the  restrictions  enumerated  in  clauses  (a)  and  (b)  shall  apply  with  the 
following additional limitation, namely:— 

     no  building  or  other  construction  on  the  surface,  and  no  excavation,  building  or  other 
construction below the surface, shall be maintained or erected : 

     Provided that, with the written approval of the Commanding Officer and on such conditions as he 
may prescribe, a building or other construction on the surface may be maintained and open railings 
and dry brush-wood fences may be exempted from this prohibition. 

8. **Land  to  be  marked  out,  measured,  registered  and  planned.**—As soon as may  be  after  the 
publication of the declaration aforesaid, the Collector shall cause the land to be  marked out and measured, 
and shall also prepare a register and a detailed plan, which shall be on a scale not smaller than six inches to 
the mile, showing accurately every building, tree and other obstruction. 

9. **Notice to persons interested.**—(1) At any time before the expiration of— 

  (a) the period of eighteen months from the publication of the declaration referred to in section 3, or 

  (b)  such  other  period  not  exceeding  three  years  from  the  said  publication  as  the Central 
Government may, by notification in the Official Gazette direct in this behalf, 

the Collector shall cause public notice to be given at convenient places on or near the land, stating the effect 
of the said declaration and that claims to compensation for all interests in such land affected by anything done 
or ordered in pursuance of such declaration may be made to him: 

  Provided that, where anything has been done in exercise of the powers conferred, in case of emergency 
by section 6, sub-section (3), the notice prescribed by this section shall be given as soon as may be thereafter. 

(2) Such notice shall state the particulars of any damage ordered to be done or, in the case referred to in 
section  6,  sub-section  (3),  done  in  exercise  of  any  of  the  powers  conferred  by  the  said  section,  and  the 
particulars of any restrictions attaching to the land under section 7, and shall require all persons interested in 
the land to appear personally or by agent before the Collector at a time and place therein mentioned (such 
time not being earlier than fifteen days after the date of publication of the notice), and to state the nature of 
their  respective  interests  in  the  land  and  the  amount  and  particulars  of  their  claims  to  compensation  for 
damage  to  such  interests  and  their  objections  (if  any)  to  the  measurements  made  under  section  8.  The 
Collector may in any case require such statement to be made in writing and signed by the party or his agent. 

(3) The Collector shall also serve notice to the same effect on the occupier (if any) of such land and on all 
such persons known or believed to be interested therein, or to be entitled to act for persons so interested, as 
reside or have agents authorised to receive service on their behalf, within the revenue-district in which the 
land is situate. 

(4) In case any person so interested resides elsewhere, and has no such agent the notice shall be sent to 
him by post in a letter addressed to him at his last known residence, address or place of business. 

10. **Power  to  require  and  enforce  the  making  of  statements  as  to  names  and  interests.**—The 
Collector may also require any such person to make or deliver to him, at a time and place mentioned (such 
time not being earlier than fifteen days after the date of the requisition) a statement containing, so far as may 
be practicable, the name of every other person possessing any interest in the land or any part thereof as co-
proprietor, sub-proprietor, mortgagee, tenant or otherwise, and of the nature of such interest, and of the rents 
and profits (if any) received or receivable on account thereof for three years next preceding the date of the 
statement. 

11. **Application  of  certain  sections  of  the  Indian  Penal  Code.**—Every person  required  to  make  or 
deliver  a  statement  under  section  9  or  section  10  shall  be  deemed  to  be  legally  bound  to  do  so  within  the 
meaning of sections 175 and 176 of the Indian Penal Code. 

12. **Inquiry and award by Collector.**—On the day fixed under section 9 or on any other day to which 
the inquiry has been adjourned, the Collector shall proceed to inquire into the objections (if any) which any 
person interested has stated pursuant to a notice given under the said section to the measurements made under 
section  8,  and  into  the  decrease  in  the  value  of  the  land,  and  into  the  respective  interests  of  the  persons 
claiming the compensation, and shall make an award under his hand of— 

  (a) the true area of the land and the nature of the obstructions from which the land is to be kept free; 

  (b) the compensation which in his opinion should be allowed for any damage caused or to be caused 
under section 6 and for any restrictions imposed under section 7; and 

  (c) the  apportionment  of  the  said  compensation  among  all  the  persons  known  or  believed  to  be 
interested in the land, of whom or of whose claims he has information, whether they have respectively 
appeared before him or not. 

13. **Award of Collector when to be final.**—(1) Such award shall be filed in the Collector’s office and 
shall,  except  as  hereinafter  provided,  be  final  and  conclusive  evidence,  as  between  the  Collector  and  the 
persons interested; whether they have respectively appeared before the Collector or not, of the true area of the 
land, the nature of the said obstruction from which the land is to be kept free, the damage caused or to be 
caused  under  section  6,  the  value  of  the  rights  restricted  under  section  7  and  the  apportionment  of  the 
compensation among the persons interested. 

(2) The Collector shall give immediate notice of his award to such of the persons interested as are not 
present personally or by their representatives when the award is made. 

14. **Adjournment of inquiry.**—The Collector may, for any cause he thinks fit, from time to time adjourn 
the inquiry to a day to be fixed by him. 

15. **Power to summon and enforce attendance of witnesses and production of documents.**—For the 
purpose of injuries under this Act the Collector shall have power to summon and enforce the attendance of 
witnesses, including the parties interested or any of them, and to compel the production of documents, by the 
same means, and (so far as may be) in the same manner, as is provided in the case of a Civil Court under the 
Code of Civil Procedure[^1] (14 of 1882). 

16. **Matters to be considered and neglected.**—In  determining  the  amount  of  compensation,  the 
Collector shall be guided by the provisions contained in sections 23 and 24. 

17. **Supplementary proceedings.**—Whenever  the  officer  exercising  powers  conferred  by  section  6 
considers it necessary that anything in respect of which any person is or may be entitled to compensation but 
of which do notice has been given or compensation awarded, under sections 9 and 12, respectively, should be 
done in pursuance of the said powers, the collector shall cause supplementary notice to be given, as nearly as 
may be, in the manner prescribed by section 9 and subject to the limit of time imposed by sub-section (1) of 
that section, and the provisions of sections 10 to 16 shall, so far as they are applicable be deemed to apply to 
any further inquiry and award which may be held or made in consequence of such supplementary notice. 

###PART III 

###REFERENCE TO COURT AND PROCEDURE THEREON 

18. **Reference to Court.**—(1)  Any  person  interested  who  has  not  accepted  the  award  may,  by  written 
application to the Collector, require that the mailer be referred by the Collector for the determination of the 
Court, whether his objection be to the measurement of the land, the amount of the compensation, the persons 
to whom it is payable, or the apportionment of the compensation among the persons interested: 

  Provided that every such application shall be made,— 

     (a) if the person making it was present or represented before the Collector at the time when he made 
his award, within six weeks from the date of the Collector’s award; 

     (b) in other cases, within six weeks of the receipt of the notice from the Collector under section 13; 
sub-section (2) or within six months from the date of the Collector’s award, whichever period shall first 
expire. 

(2) The application shall state the grounds on which objection to the award is taken. 

19. **Collector’s statement to the Court.**—(1) In making the reference the Collector shall state, for the 
information of the Court, in writing under his hand— 

  (a) the situation and extent of the land with particulars of any damage caused under section 6 or of 
restrictions imposed under section 7; 

  (b) the names of the persons whom he has reason to think interested in such land; 

  (c) the amount of compensation awarded under section 12; and 

  (d) if  the  objection  be  to  the  amount  of  the  compensation,  the  grounds  on  which  the  amount  of 
compensation was determined. 

(2) To the said statement shall be  attached a schedule giving the particulars of the notices served upon 
and of the statements in writing made or delivered by, the parties interested respectively. 

20. **Service of notice.**—The Court shall thereupon cause a notice specifying the day on which the Court 
will  proceed  to  determine the  objection,  and directing  their  appearance  before the  Court  on  that  day,  to  be 
served on the following persons namely:— 

  (a) the applicant; 

  (b) all  persons  interested  in  the  objection,  except  such  (if  any)  of  them  as  have  consented  without 
protest to receive payment of the compensation awarded; and 

  (c) if the objection is in regard to the area of the land, the nature of the obstructions or the amount of 
the compensation, the Collector. 

21. **Restriction on scope of proceedings.**—The scope of the inquiry in every such proceeding shall be 
restricted to a consideration of the interests of the persons affected by the objection. 

22. **Proceedings to be in open Court.**—Every such proceeding shall take place in open Court, and all 
persons entitled to practise in any Civil Court in the State shall be entitled to appear, plead and act, as the case 
may be, in such proceeding. 

23. **Matters to be considered in determining compensation.**—(1) In  determining  the  amount  of 
compensation to be awarded for damage caused, or to be caused, or for restrictions imposed under this Act, 
the Court shall take into consideration— 

  (a) the actual decrease in market value of the land owing to the publication of the declaration relating 
thereto under section 3 and any damage caused or to be caused under section 6; 

  (b) the damage sustained by the person interested, by reason of the removal of any standing crops in 
the exercise of any power conferred by section 6; 

  (c) the damage (if any) sustained by the person interested, by reason of ceasing to be able to use such 
land conjointly with his other land; 

  (d) the  damage  (if  any)  sustained  by  the  person  interested,  by  anything  done  or  ordered  under 
sections 6 and 7 injuriously affecting his other property, movable or immovable, in any other manner, or 
his earnings; and 

  (e) if, in consequence of the imposition of restrictions, the person interested is compelled to change 
his residence or place of business, the reasonable expenses (if any) incidental to such change. 

(2) In addition to the amount representing the actual decrease in the market-value of the land as above 
provided, the Court shall in every case award a further sum of fifteen per centum on such amount. 

24. **Matters not to be considered in determining compensation.**—In determining  the  amount  of 
compensation to be awarded for damage caused, or to be caused, or for restrictions imposed under this Act, 
the Court shall not take into consideration— 

  (a) the degree of urgency which has led to the damage or the imposition of restrictions; 

  (b) any disinclination of the person interested to submit to damage or restrictions; 

  (c) any damage sustained by him, which, if caused by a private person, would not render such person 
liable to a suit; 

  (d) any increase to the value of the other land of the person interested, accruing or likely to accrue 
from anything done under this Act; or 

  (e) any outlay or improvements on, or disposal of, the land commenced, made or effected without the 
sanction of the Collector after the date of the publication of the declaration under section 3. 

25. **Rules as to amount of compensation.**—(1) When the applicant has made a claim to compensation, 
pursuant to any notice given under section 9, the amount awarded to him by the Court shall not exceed the 
amount so claimed or be less than the amount awarded, by the Collector under section 12. 

(2) When the applicant has refused to make such claim or has omitted without sufficient reason (to be 
allowed  by  the  Judge)  to  make  such  claim,  the  amount  awarded  by  the  Court  shall  in  no  case  exceed  the 
amount awarded by the Collector. 

(3) When  the  applicant  has  omitted  for  a  sufficient  reason  (to  be  allowed  by  the  Judge)  to  make  such 
claim, the amount awarded to him by the Court shall not be less than, and may exceed, the amount awarded 
by the Collector. 

26. **Form of awards.**—Every  award  under  this  Part  shall  be  in  writing  signed  by  the  Judge,  and  shall 
specify  the  amount  awarded  under  section  23,  sub-section  (1),  clause  (a),  and  also  the  amounts  (if  any) 
respectively a warded under each of the other clauses of the same sub-section, together with the grounds of 
awarding each of the said amounts. 

27. **Costs.**—(1) Every such award shall also state the amount of costs incurred in the proceedings under 
this Pan, and by what persons and in what proportion they are to be paid. 

(2) When  the  award  of  the  Collector  is  not  upheld,  the  costs  shall  ordinarily  be  paid  by  the  Collector, 
unless the Court is of opinion that the claim of the applicant was so extravagant or that he was so negligent in 
putting his case before the Collector that some deduction from his costs should be made or that he should pay 
a part of the Collector's costs. 

28. **Collector  may  be  directed  to  pay  interest  on  excess  compensation.**—If the  sum  which,  in  the 
opinion of the Court, the Collector ought to have awarded as compensation is in excess of the sum which the 
Collector did award as compensation, the Court may direct that the Collector shall pay interest on such excess 
at the rate of six per centum per annum from the date of his award to the date of payment of such excess into 
Court. 

###PART IV 

###APPORTIONMENT OF COMPENSATION 

29. **Particulars of apportionment to be specified.**—Where there are several persons interested, if such 
persons  agreed  in  the  apportionment  of  the  compensation,  the  particulars  of  such  apportionment  shall  be 
specified in the award, and as between such persons the award shall be conclusive evidence of the correctness 
of the apportionment. 

30. **Dispute as to apportionment.**—When the amount of compensation has been settled under 
section 12, if any dispute arises as to the apportionment of the same or any part thereof, or as to the persons to 
whom  the  same  or  any  part  thereof  is  payable,  the  Collector  may  refer  such  dispute  to the  decision  of  the 
Court. 

###PART V 

###PAYMENT 

31. **Payment  of  compensation  or  deposit  of  same  in  Court.**—(1) On  making  an  award  under 
section 12, the Collector shall tender payment of the compensation awarded by him to the persons interested 
entitled thereto according to the award, and shall pay it to them unless prevented by some one or more of the 
contingencies mentioned in sub-section (2). 

(2) If they do not consent to receive it, or if there is no person competent to alienate the land, or if there is 
any  dispute  as  to  the  title  to  receive  the  compensation  or  as  to  the  apportionment  of  it,  the  Collector  shall 
deposit  the  amount  of  the  compensation  in  the  Court  to  which  a  reference  under  section  18  would  be 
submitted: 

  Provided, first, that any person admitted to be interested may receive such payment under protest as to the 
sufficiency of the amount: 

  Provided,  secondly,  that  no  person  who  has  received  the  amount  otherwise  than  under  protest  shall  be 
entitled to make any application under section 18: 

  Provided, thirdly, that nothing herein contained shall affect the liability of any person, who may receive 
the whole or any part of any compensation awarded under this Act, to pay the same to the person lawfully 
entitled thereto. 

(3) Notwithstanding anything in this section, the Collector may, with the sanction of the Central 
Government instead of awarding a money compensation in respect of any land, make any arrangement with 
a  person  having  a  limited  interest  in  such  land,  either  by  the  grant  of  other  lands  in  exchange,  or  by  the 
remission of land revenue on the same or on other lands held under the same title, or in such other way as 
may be equitable having regard to the interests of the parties concerned. 

(4) Nothing in sub-section (3) shall be construed to interfere with or limit the power of the Collector to 
enter into any arrangement with any person interested in the land and competent to contract in respect thereof. 

32. **Investment  of  money  deposited  in  respect  of  lands  belonging  to  persons  incompetent  to 
alienate.**—(1) If any money is deposited in Court under section 31, sub-section (2), and it appears that the 
land  in  respect  of  which  the  same  was  awarded  belonged  to  any  person  who  had  no  power  to  alienate the 
same, the Court shall order the money to be invested— 

  (a) in the purchase of other lands to be held under the like title and conditions of ownership as the 
land in respect of which such money was deposited is held, or 

  (b) if  such  purchase  cannot  be  effected  forthwith,  then  in  such  Government  or  other  approved 
securities as it thinks fit; 

and shall direct the payment of the interest or other proceeds arising from such investment to  the person or 
persons who would for the time being have been entitled to the possession of the said land, and such moneys 
shall remain so deposited and invested until the same are applied— 

  (i) in the purchase of such other lands as aforesaid; or 

  (ii) in payment 16 any person or persons becoming absolutely entitled thereto. 

(2) In all cases of moneys deposited to which this section applies, the Court shall order the cost of the 
following matters, including therein all reasonable charges and expenses incident thereto, to be paid by the 
Collector, namely :— 

  (a) the costs of such investment as aforesaid; 

  (b) the costs of the orders for the payment of the interest or other proceeds of the securities in which 
such moneys are for the time being invested, and for the payment out of Court of the principal of such 
moneys and the costs of all proceedings relating thereto, except such as may be occasioned by litigation 
between adverse claimants. 

33. **Investment of money deposited in other cases.**—If any money is deposited in Court under this Act 
for  any  cause  other  than  that  mentioned  in  section  32,  the  Court  may,  on  the  application  of  any  party 
interested or claiming an interest in such money, order the same to be invested in such Government or other 
approved securities as it thinks fit, and may direct the interest or other proceeds of any such investment to be 
accumulated  and  paid  in  such  manner  as  will,  in  its  opinion,  give  the  parties  interested  therein  the  same 
benefit therefrom as they might have had from the land in respect of which such money was deposited or as 
near thereto as may be. 

34. **Payment of interest.**—When the amount of any compensation awarded under this Act is not paid or 
deposited within fifteen days of making the award, the Collector shall pay the amount awarded with interest 
thereon at the rate of six per centum per annum from the date of the award until it is so paid or deposited. 

###PART VI 

###MISCELLANEOUS 

35. **Service of notices.**—(1) Service of any notice under this Act shall be made by delivering or tendering 
a  copy  thereof  signed,  in  the  case  of  a  notice  under  section  3,  sub-section  (2),  by  the  officer  therein 
mentioned, and, in the case of any other notice, by or by order of the Collector or the Judge. 

(2) Whenever it may be practicable, the service of the notice shall be made on the person therein named. 

(3) When such person cannot be found, the service may be made on any adult male member of his family 
residing with him and, if no such adult male member can be found, the notice may be served by fixing the 
copy  on  the  outer  door  of  the  house  in  which  the  person  therein  named  ordinarily  dwells  or  carries  on 
business, or by fixing a copy thereof in some conspicuous place in the office of the officer aforesaid or of the 
Collector or in the court-house and also in some conspicuous part of the land upon which restrictions are to 
be imposed: 

  Provided that, if the Collector or Judge so directs, a notice may be sent by post in a letter addressed to the 
person  named  therein  at  his  last  known  residence,  address  or  place  of  business  and  service  of  it  may  he 
proved by the production of the addressee's receipt. 

36. **Penalties.**—Whoever willfully— 

  (a) obstructs any person in doing any of the acts authorised by section 4, section 6 or section 8, or 

  (b) destroys, damages, alters or otherwise interferes with the ground level or any work done under 
section 6, or 

  (c) contravenes any of the provisions of section 7 or any condition prescribed thereunder, 

shall be punishable with imprisonment for a term which may extend to one month or with fine which may 
extend to fifty rupees, or with both, and, in the case of a continuing offence, with an additional fine which 
may extend to five rupees for every day after the first in regard to which he is convicted of having persisted in 
the offence; and any expenses incurred in removing the effects of his offence may be recovered from him in 
the manner provided by the law for the time being in force for the recovery of  fines. 

37. **Magistrate to enforce the terms of the Act.**—If the Collector or officer authorised under section 6 is 
opposed  or  impeded  in  doing  anything  directed  or  permitted  by  this  Act,  he  shall,  if  a  Magistrate,  enforce 
compliance,  and,  if  not  a  Magistrate, he shall apply to a Magistrate or (within  any  area  for  which  a 
Commissioner  of  Police  has  been  appointed)  to  the  Commissioner  of  Police and  such  Magistrate  or 
Commissioner (as the case may be) shall enforce compliance. 

38. **Completion  of  imposition  of  restrictions  not  compulsory,  but  compensation  to  be  awarded 
when not completed.**—(1) The 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 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. 

39. **Demolition of part of house or building and imposition of restrictions on part of land.**—(1) The 
provisions  of  this  Act  shall  not  be  put  in  force  for  the  purpose  of  demolishing  or  acquiring  the  right  to 
demolish a part only of any house, manufactory or other building, if the owner desires that the whole of such 
house,  manufactory  or  building  shall  be  demolished  or  that  the  right  to  demolish  the  whole  of  it  shall  be 
acquired: 

  Provided that the owner may at any time before the Collector has made his award under section 12, by 
notice  in  writing,  withdraw  or  modify  his  expressed  desire  that  the  whole  of  such  house,  manufactory  or 
building shall be demolished, or that the right to demolish the whole of it shall be acquired ; 

  Provided  a  lop  so,  that  if  any  question  shall  arise  as  to  whether  any  building  or  other  construction 
proposed  to  be  demolished  under  this  Act  does  or  does  not  form  part  of  a  house,  manufactory  or  building 
within the meaning of this section, the Collector shall refer the determination of such question to the Court, 
and such building or other construction shall not be demolished until after the question has been determined. 

  In deciding on such a reference the Court shall have regard to the question whether the building or other 
construction proposed to be demolished is reasonably required for the full and unimpaired use of the house, 
manufactory or building. 

(2) If, in the case of any claim of the kind referred to in section 23, sub-section (1), clause (c), by a person 
interested, on account of ceasing to be able to use the land, upon the use and enjoyment of which restrictions 
are to be imposed, conjointly with his other land, the a Central Government is of opinion that the claim is 
unreasonable or excessive, it may, at any time before the Collector has made his award, order the imposition 
of restrictions upon the whole of the land of which the land upon the use and enjoyment of which it was first 
sought to impose restrictions forms a part. 

(3) In the case provided for by sub-section (2) no fresh declaration or other proceeding under sections 3 
to  10  shall  be  necessary;  but  the  Collector  shall  without  delay  furnish  a  copy  of  the  order  of  the Central 
Government to the person interested, and shall thereafter proceed to make his award under section 12. 

(4) Notwithstanding anything contained in section 7, clause (a), any land, upon the use and enjoyment of 
which  restrictions  are  imposed  under  this  section,  may  be  included  in  the  outer  boundary,  even  though  its 
distance from the crest of the outer parapet of the work exceeds two thousand yards. 

40. **Exemption from stamp duty and fees.**—No  award  or  agreement  made  under  this  Act  shall  be 
chargeable with stamp duty, and no person claiming under any such award or agreement shall be liable to pay 
any fee for a copy of the same. 

41. **Notice in case of suits for anything done in pursuance of Act.**—No suit or other proceeding shall 
be commenced or prosecuted against any person for anything done in pursuance of this Act, without giving to 
such person a month’s previous notice in writing of the intended proceeding, and of the cause thereof, nor 
after tender of sufficient amends. 

42. **Code of Civil Procedure to apply to proceedings before Court.**—Save in so far as they  may be 
inconsistent with anything contained in this Act, the provisions of the Code of Civil Procedure[^1] (14 of 1882) 
shall apply to all proceedings before the Court under this Act. 

43. **Appeals in proceedings before Court.**—Subject  to  the  provisions  of  the  Code  of  Civil 
Procedure[^1] (14  of  1882)  applicable  to  appeals  from  original  decrees,  an  appeal  shall  lie  to  the  High  Court 
from the award or from any part of the award of the Court in any proceeding under this Act. 

44. **Power to make rules.**—(1) The Central Government may, by notification in the Official Gazette, 
make rules for the guidance of officers in all matters connected with the enforcement of this Act. 

(2) The  power  to  make  rules  under  sub-section  (1)  shall  be  subject  to  the  condition  of  the  rules  being 
made after previous publication. 

(3) Every  rule  made  under  this  section  shall  be  laid,  as  soon  as  may  be  after  it  is  made,  before  each 
House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one 
session or in two or more successive sessions, and if, before the expiry of the session immediately following 
the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or 
both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified 
form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be 
without prejudice to the validity of anything previously done under that rule.



[^1]. See now the Code of Civil Procedure, 1908 (5 of 1908). 