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7. Restrictions.-

From and after the publication of the notice mentioned in section 3, sub-section (2), such of the following restrictions as the 1[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 2[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 3[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 2[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) 4[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 1[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 2[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 1[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, 3[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.

1. Subs. by the A.O. 1937, for "L.G.".

2. Subs. by Act 11 of 1921, s. 3, for "General Officer Commanding the Division".

3. Subs. by s. 3, ibid., for "General Officer Commanding the Division, District or Brigade".

4. Subs. by Act 28 of 1940, s. 2, for certain words.



Works of Defence Act, 1903 Back




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