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When must an affected person appeal against a declaration of forfeiture by the state government?
The affected person must appeal within thirty days from the date of the order.
What is the Short Title of the legislation?
The short title is The Women’s and Children’s Institutions (Licensing) Act, 1956.
What does the Long Title describe?
The long title is An Act to provide for the licensing of institutions for women and children and for matters incidental thereto.
To which areas does this Act extend?
It extends to the whole of India except the State of Jammu and Kashmir.
How is the commencement of the Act in a State determined?
It shall come into force on a date appointed by notification in the Official Gazette by the State Government.
What is defined as 'child' under this Act?
A child means a boy or girl who has not completed the age of eighteen years.
Who is designated as the 'licensing authority'?
The licensing authority is the State Government or an officer or authority prescribed by the Act.
What must a person do before establishing an institution after the Act commences?
No person shall establish or maintain an institution except under and in accordance with a licence granted under this Act.
How long is the grace period given to those maintaining institutions at the commencement of the Act to apply for a licence?
They are allowed a period of three months from such commencement to make an application for a licence.
What must be communicated to an applicant if their license is refused?
The grounds for the refusal must be communicated to the applicant in the prescribed manner.
How long does a granted licence remain in force unless revoked?
A licence shall remain in force for such period as may be specified in the licence.
What is one of the conditions that might require management to meet when granting a license?
A condition may require that the management of an institution should, wherever practicable, be entrusted to women.
What penalty can be imposed for contravening this Act or its rules?
The punishment can include imprisonment up to three months, a fine up to two hundred and fifty rupees, or both.
Which types of institutions are exempt from the application of this Act?
Hostels attached to educational institutions or protective homes established under the Suppression of Immoral Traffic in Women and Girls Act, 1956 are exempt.
What must be done before a licensing authority can revoke a license?
An opportunity must be given to the holder of the licence to show cause why the licence should not be revoked.
What happens to an institution if its license is revoked and an appeal is upheld?
The institution shall cease to function from the date of the appellate order.
What is the Short Title of the Act?
The short title is The Works of Defence Act, 1903.
What does the Long Title of the Act address?
The long title addresses imposing restrictions on land use near defense works and determining compensation for such imposition.
In what year was the Works of Defence Act enacted?
The Act was enacted in 1903.
What does the expression 'land' include according to the definitions in the Act?
The expression 'land' includes benefits arising from land and things attached to the earth or permanently fastened to anything attached to the earth.
Who is defined as a 'person interested' under this Act?
A 'person interested' includes all persons claiming an interest in compensation due to the imposition of restrictions on land use.
What must be done after a declaration is made that restrictions will be imposed?
The declaration must be published in the Official Gazette, and the Collector must give public notice of the substance of the declaration locally.
What does the declaration under Section 3(1) serve as regarding land use?
The declaration is conclusive proof that it is necessary to keep the land free from buildings and other obstructions.
What can authorized officers do after the notice under section 3, subsection (2) is published?
Authorized officers can enter, survey, take levels of land, dig or bore into the sub-soil, and set out boundaries.
What must an authorized officer do regarding damage during initial entry?
The officer must pay or tender payment for all necessary damage done during the entry.
When can the powers to demolish buildings be exercised after a declaration is made?
These powers can be exercised subject to the provisions of subsections (2) to (4).
What must be preserved during leveling and clearing activities?
The evidence of the boundaries of the lands held by different owners must be preserved.
What is required regarding a person entering an enclosed court or garden attached to a dwelling-house?
Such a person must give the occupier at least seven days' written notice of their intention to enter.
What happens if there is a dispute over the amount paid for damage during initial entry?
The dispute must be referred immediately to the decision of the Collector or other chief revenue officer of the district, and that decision is final.
What does Section 2A address in this Act?
Section 2A addresses the construction of references to laws not in force or any functionary not in existence in a specific area.
Which act amended the Works of Defence Act, 1903, regarding the omission of 'Indian'?
Act 50 of 1974 omitted the word 'Indian'.
What is the time frame within which certain powers may be exercised after a notice is published?
These powers may be exercised at any time within six months following the publication of the notice referred to in section 3, sub-section (2).
What does the notification mentioned in section 3, sub-section (2) serve as?
The said notification shall be conclusive proof of emergency.
What is one restriction placed on land within a two thousand yard outer boundary from the crest of the outer parapet?
No building, wall, bank, or other construction above the ground can be maintained, erected, added to, or altered without the written approval of the General Officer Commanding the District.
What materials may be exempted from prohibition within the outer boundary with the proper approval?
Road-ballast, manure, and agricultural produce may be exempted from prohibition with the written approval of the General Officer Commanding the District.
What must be done immediately by a person controlling the land regarding road-ballast or agricultural produce?
Such a person is bound to remove the road-ballast, manure, or agricultural produce without compensation if requisitioned by the Commanding Officer.
What must the interests considered in proceedings be restricted to?
The interests of the persons affected by the objection must be the focus of such proceedings.
Where must every such proceeding take place?
Every such proceeding must take place in open Court.
What is one factor the Court must consider when determining compensation for damage or restrictions?
The Court must consider the actual decrease in market value of the land due to the declaration and any damage caused under section 6.
Besides the market value decrease, what other damage can be considered when determining compensation?
Damage sustained by the interested person from the removal of standing crops in exercising a power conferred by section 6 can be considered.
What must the Court award in addition to the actual decrease in market-value of the land?
The Court shall award an additional sum of fifteen per centum on the amount representing the actual decrease in the market-value of the land.
What must the Court not take into consideration when determining compensation?
The Court shall not consider the degree of urgency that led to the damage or the imposition of restrictions.
Under what condition might a person's increase in the value of other land be considered in compensation?
An increase to the value of the other land of the interested person, accruing from anything done under this Act, must not be taken into consideration.
What is the maximum amount awarded by the Court if the applicant made a claim for compensation?
The amount awarded to the applicant shall not exceed the amount they claimed or be less than the amount awarded by the Collector under section 12.
When must the award under this Part be in writing and signed by the Judge?
Every award under this Part must be in writing and signed by the Judge.
What must an award state regarding costs incurred in the proceedings?
The award must state the amount of costs incurred in the proceedings and by which persons they are to be paid and in what proportion.
Who may be directed to pay interest on excess compensation if it is found?
The Court may direct that the Collector shall pay interest on such excess at a rate of six per centum per annum from the date of his award to the date of payment.
If several interested persons agree on compensation apportionment, what must be specified in the award?
The particulars of such apportionment must be specified in the award, and it will be conclusive evidence between those persons.
What can the Collector do if a dispute arises regarding the apportionment of settled compensation?
The Collector may refer such dispute to the decision of the Court.
If the Collector awards compensation, what must they do when making that award?
The Collector shall tender payment of the compensation awarded by them to the interested persons entitled thereto according to the award.
What is the object of the present Bill?
The object is to enable the Government to maintain zones of fire clear of buildings and obstructions near works of defence.
Why was this enactment necessary in British India?
There was a serious difficulty because the government could not effect complete arrangements for restraining building erection without recourse to land acquisition, which involved excessive expenditure.
What principle is adopted from France regarding defence works?
The principle adopted is for the establishment of concentric zones in which restrictions of varying stringency may be imposed around works of defence.
How has the period for completing acts in pursuance of demolition rights been reduced?
The period has been reduced from three years to six months, following the English statute.
What is required regarding compensation when restrictions are imposed on adjoining property?
The imposition of restrictions upon adjoining property should be subject to equally stringent safeguards in the interests of landowners.
What must a Magistrate do if the Collector or authorized officer is impeded in enforcing the Act?
If the officer is not a Magistrate, he must apply to a Magistrate or the Commissioner of Police for enforcement.
Under what condition can the Central Government withdraw declared restrictions?
The Central Government shall be at liberty to withdraw from the imposition of any declared restrictions before any measures authorized by section 6 have been taken.
What must the Collector do when the Central Government withdraws declared restrictions?
The Collector must determine the amount of compensation due for damage suffered by the owner and pay it along with reasonable costs.
When can a building or other construction proposed to be demolished under this Act not be demolished?
It shall not be demolished until after the Court has determined whether the construction forms part of a house, manufactory, or building.
What must the Court consider when deciding on a reference regarding demolition?
The Court must regard whether the proposed building or other construction is reasonably required for the full and unimpaired use of the house, manufactory, or building.
Under what circumstance can the Central Government order restrictions upon the whole land instead of a part?
This can happen if the government believes that a claim by an interested person is unreasonable or excessive when it concerns ceasing to use the land.
What must be done after the Collector makes an award in the case described in subsection (2)?
The Collector shall without delay furnish a copy of the Central Government's order to the interested person and proceed to make the award under section 12.
What is the consequence if an appellant is found liable for certain actions?
The appellant may be punished with a fine which can extend to twice the penalty imposed.
How are awards or agreements made under this Act treated regarding taxes and fees?
No award or agreement made under this Act shall be chargeable with stamp duty, and no person claiming under it shall be liable to pay any fee for a copy.
What must be done if a person is unable to attend the court or office where a land grant is made?
The guardian will take action on their behalf, or the court or office will act for them.
Under which section of the Code of Civil Procedure (1882) do these provisions apply?
They apply to the land grant or the person's guardian when they are present at the court or office.
What must a person who has the 'right to make' be prepared for until they receive it?
They must be prepared to use and occupy the land, change it, and obtain valid sale.
How should the government view a practice that is not prevalent in a certain area or among its practitioners?
It should be viewed as a local practice of that area, whether there is one or not.
What must happen when the central government deems it necessary to impose a restriction on land use near a site used for defense work or armament?
A declaration of such a necessity will be made.
What must accompany the declaration letter regarding the imposition of restrictions?
It must include the district or other administrative division where the land is located, and a map prepared for a scale of one inch to six miles.
What can be done after the publication of the survey related to the declaration?
A person may apply to commence work on the land in question.
What is required for a designated officer to enter and inspect land where a restriction has been imposed?
The officer must be authorized by the central government, and they must document the inspection.
How long can the duration of a work within a certain area extend, as described in section 7(a)?
It can extend up to two hundred rods from the peak of the armament's mound.
What is prohibited regarding structures on the land under restriction (section 7(a))?
No structure, wall, fence, or other construction can be erected without permission from the designated officer.
Who must carry out an inspection of the land in relation to a work?
It must be carried out by a local officer under the control of the competent authority and in connection with another authorities' officers.
What must be done by the local authority regarding land in which any religious practices are conducted?
The local authority must ensure that all persons interested in the land are present at a specified time and place.
Who is required to give statements regarding their interests in the land?
All persons who have an interest in the land, or who are believed to be interested, must provide statements.
What must happen to the statement given by a person who resides outside the district and has no representative?
The local authority must send a letter to such a person at their known residence or place of business.
What information must be included in the statement required by Article 10?
The statement must include the interest and details of every person who has an interest in the land, whether as a co-owner, sub-owner, lessee, occupier, or otherwise.
What law applies to all persons required to give statements under Articles 9 and 10?
The Indian Contract Act (45 of 1860) shall apply in this matter.
What must the local authority do if it has established that a land is located within its jurisdiction?
It must proceed to ascertain the interests of all persons who claim rights and are claiming interest in the land.
What three things must be ascertained by the local authority regarding the land?
The correct area and boundaries of the land, the nature of the occupation, and the interest of all persons claiming rights in the land must be ascertained.
Where must the plan of the local authority be filed?
The plan must be filed in the office of the local authority as specified therein.
What is the purpose of a statement given by an interested person?
It is to state their interest and details regarding the land, including any claims made under Article 8.
What must be included in the statements required by Article 19?
The statement must include the land's location and extent according to Article 6, the interests of all persons who have an interest in the land, and the amount of the tax imposed under Article 12.
What is required regarding a statement if it concerns a claim against the tax?
The statement must be signed by the person making the claim, along with supporting documents.
When will the local authority conduct an inquiry for the assessment of tax?
It can do so at any time it deems fit.
What can be done if the assessment of a tax is not made by the court?
The court may hold that the amount was excessive or that it was unnecessary to deduct any part from his taxes, or that no part of his taxes should be deducted, and in such cases, the court will decide.
What power can the court have regarding the assessment of a tax on additional property?
The court can assess the tax if the amount is more than what was assessed by the court as tax payable by the court.
What percentage rate applies to the assessment of additional property for the court?
The court may assess it at a six percent annual rate on the amount that has been assessed as tax by the court.
When must the particulars of the assessment be examined?
The particulars of the assessment must be examined where there are several interested parties.
What can the court do if a divorce arises from the tax?
If a divorce arises from the tax or its part, the court may declare that divorce not to be for the purpose of the tax.
How must the tax be paid or deposited in case of tax payment?
The court shall ensure the payment of the assessed tax by the interested parties according to the assessment, and it will assess those who have done so through any means.
When can the court deposit the tax if the concerned parties do not pay?
The court shall deposit the tax if the concerned parties do not receive it or if no person is capable of acquiring it for the land, or if there is a divorce from the right to receive the tax or its part.
What can be done regarding the assessment of a land that is not taxed?
The court may make an order in such cases as it deems fit, provided the person who has a direct interest in the land is present.
What must be considered when making an order regarding a land that is not taxed?
The court must consider the interests of all concerned parties, either by the assessment of other lands or on the same land or on other lands for the purpose of relief from the revenue.
What can the court do if a land is deposited in the court?
The court may order that such government or other authorized properties be designated as deemed, and the assessment of revenue or other charges arising from such designation shall be done.
What happens to the tax payment if it is not made within the prescribed time?
The court will assess a penalty at a six percent rate on the unpaid tax for the period from the date of assessment until the date when it is paid or assessed.
How should a notice be served regarding the service of summons?
A copy of the notice must be affixed by the designated officer in the prescribed manner and on any other suitable place.
What is the consequence if an individual commits certain acts contrary to this Act?
The person may be punished with imprisonment or fine, or both, for a term of years or up to a sum of rupees.