|
THE WORKS OF
DEFENCE ACT
CONTENTS
PART I
PRELIMINARY
Sections.
1. * * * *
2. Definitions.
PART II
IMPOSITION OF RESTRICTIONS
3. Declaration and notice that restrictions will be
imposed.
4. Power to do preliminary acts after publication of
notice nuder section 3, sub-section (2).
5. Payment for damage.
6. Futher 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 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 docuunents.
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 award.
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
impositions 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 DEFENCES ACT
[INDIA ACT VII, 1903] (20th March, 1903)
WHEREAS it is expedienit 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. * *
* *
2. 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 easement
affecting the land:
(c) * *
* *
(d) * *
* *
(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 President of the Union to
perform the functions of a Collector under this Act :
(g) the expression “Court” means a principal
civil Court of original jurisdiction, unless the the President
of the Union has appointed (as he 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 suhject-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 Order XXXII of the Code of Civil
Procedure 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.
PART II
IMPOSITION OF RESTRICTIONS
3. (1)
Whenever it appears to the President of he Union that it is
necessary to impose restrictions upon the use and enjoyment of
land in the vicinity of any such work of defence or of any siste
intended to be used or to be acquired for any such work, in
order that such land may be kept free from building and other
obstructions, a devlaration shall be made to that effect.
(2) The said declaration shall be published in the
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 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 place in the locality.
(3) The said declaration to be conclutive proof tha it is
necessary to keep the land free from buildings and other
obstructions.
4. It shall be lawful for such officer as the President
of the Union may, by general or special order, authorize 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 othe
acts necessary to ascertain whether 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 trends, 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 enclesed court or garden attached to a dewelling-house
(unless with consent of the occupier thereof) without previously
giving such occupier at least seven days' notice in writing of
his intention to do so.
5. The officer so authorized 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, and such decision
shall be final.
6. (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 President of the Union may, by
general or special order, authorize 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 grab up all
or any of the trees, to remove or alter all or any of hte 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 clearing the same
as he may deem necessary or proper, but in such manner
nevertheless that evidence of boundaries of the 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 hereinfater 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 President of Union may, by
notification in the 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 time 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 thereunder or of any condition prescribed in
accordance therewith.
7. From and after the publication of the notice mentioned
in section 3, subsection (2), such of the following
restrictions as the President of the Union may in his 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
Forces in the Union of Burma 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 Forces in The Union of Burma 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
authorized 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 he maintained, erected, added to or altered,
repairs shall not without the written approval of the General
Officer Commanding the Forces in the Union of Burma 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 front 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 permament
materials above the ground shall be maintained or erected:
Provided that, with the written approval of the General Officer
Commanding the Forces in the Union of Burma and on such
conditions as he may prescribe, hunts, fences and 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 comnpensation, upon an order in
writing signed by the General Officer Commanding the Forces in
Burma ; and
(ii) live hedges, rows or clumps of trees or orchards shall not
be maintained, planted, added to or altered otherwise than with
the written approval of the General Officer Commanding the
Forces in the Union of Burma 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 thie outer
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, open
railings and dry brush-wood fences may be exempted from this
prohibition.
8. 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. (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 President of hte Union may, by
notification in the 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 out 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 authorized 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. 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. 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
Penal Code.
12. 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 of not.
13. (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 obstructions, 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. 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.
For the purpose of inquiries under this Act the Collector
shall have power to summon and enforce the attendance of
witnesses, in cluding 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.
16.
In determining the amount of compensation, the Collector
shall be guided by the provisions contained in sections 23 and
24.
17.
Whenever the officer exercising the 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 no 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-sectiomm
(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 supplememmtary notice.
PART III
REFERENCE TO COURT AND PROCEDURE THEREON
18. (1) Any person interested who has not accepted
the award may, by written application to the Collector, require
that the matter 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. (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. 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. 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. Every such proceeding shall take place in open Court
and all persons entitled to practice in any civil Court in the
Union of Burma shall be entitled to appear, plead and act, as
the case may be, in such proceeding.
23. (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 hand 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, moveable or
immoveable, 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. 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. (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. 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 awarded under each of the
other clauses of the same sub-section, together with the grounds
of awarding each of the said amounts.
27. (1) Every such award shall also state the
amount of costs incurred in the proceedings under this Part, 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. 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. Where there are several persons interested, if such
persons agree 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. Where 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. (1) On making an award under section 12, the
Collector shall tender paynment 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 President of the Union,
instead of awarding a money commpensation 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-sectiomm (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. (1) If any money is deposited in Court under
section 31, sub-sectioum (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 posession of the
said land, and such moneys shall remain so deposited and
invested and the same are applied —
(i) in
the purchase of such other lands as aforesaid; or
(ii) in
payment to 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 costs 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 investments 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. If any money is deposited in Court under this Act for
any cause other than that mentioned in section 32, the Court
may, on time 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. 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 within
interest thereon at the rate of six per centum per annum from
the date of the award untll it is so paid or deposited.
PART VI
MISCELLANEOUS
35. (1) Service of any notice under this Act shall
be made by delivering or tendering a copoy 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 within 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 be proved by the production of the
addressee’s receipt.
36. Whoever wilfully —
(a) obstructs any person in doing any of the acts
authorized 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,
shll 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, within an
additional fine which may extend to five rupees for every day
after the first in regard to which he is convicted of having
percisted 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 the being in force for the
recovery of fines.
37. If the Collector or officer authorized 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
Rangoon) to the Commissioner of Police, and such Magistrate or
Commissioner (as the case may be) shall enforce compliance.
38. (1) The President of the Union shall be at
liberty to withdraw from the imposition of any declared
restrictions before any of the measures authorized by section 6
have been taken.
(2) Whenever the President of the Union 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. (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, also, 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 President
of the Union is of opinion that the claim is unreasonable or
excessive, he 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 President of the Union 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. 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. 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. Save in so far as they may be inconsistent with
anything contained in this Act, the provisions of the Code of
Civil Procedure shall apply to all proceedings before the Court
under this Act.
43. Subject to the provision of the Code of Civil
Procedure applicable to appeals from original decrees, an appeal
shall he to the High Court from the award or from any part of
the award of the Court in any proceeding under this Act.
44. (1) The President of the Union may 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) All rules made under sub-section (1) shall be
published in the Gazette, and shall thereupon have effect as if
enacted in this Act.
|
