Section 44 of The Works of Defence Act, 1903
- (1)2[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[(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). STATEMENT OF OBJECTS AND REASONS THE object of the present Bill is to enable the Government to maintain, clear of buildings and obstructions, such zones of fire in the vicinity of works of defence as are essential to their defensive value under the conditions of modern warfare and in view, more especially, of the increasing range of firearms. The necessity for measures of this nature has long been recognized by the legislatures of most European countries; and in the United Kingdom very extensive powers have been vested in the Govrnment by the Works of Defence Act, 1860 (23 & 24 Vict, c. 112). In British India the absence of a similar enactment has, of late, been productive of serious difficulty, particularly where the land in the neighbourhood of bridge-heads and redoubts in or near cities has become valuable for building-sites. It has been found that the Government can- not effect complete or permanent arrangements for restraining the erection of buildings without recourse to out-and-out purchase under the provisions of the Land Acquisition Act, 1894 (1 of 1894), which, in view of the object contemplated, involves a disproportionate expenditure of public money and an excessive interference with private property. In these circumstances, it is proposed to provide, on the principle adopted in France, for the establishment, round works of defence, of concentric zones in which restrictions of varying stringency may be imposed; and for this purpose the English statute has been closely followed in regard to the procedure for the issue of notifications and the exercise of rights of demolition, subject, however to the important concession that the period within which all acts in pursuance of such rights must be completed has been reduced from three years to six months. In the matter of the award of compensation, the provisions of the land Acquisition Act, 1894, have been adapted on the principle that, as the sites of works of defence must ordinarily be acquired in conformity with that enactment, the imposition of restrictions upon adjoining property should be subject to equally stringent safeguards in the interests of landowners. The 29th August, 1902. E. R. ELLES
↩2.Subs. by Act 50 of 1974, s. 4, for certain words.
↩3.Subs. by s. 4, ibid., for sub-section (3).
Summary
- The Central Government has the authority to create administrative rules to guide officers in enforcing this Act.
- These rules must be officially published in the Gazette to notify the public before they are formally made.
- Every rule made by the government must be presented to both Houses of Parliament as soon as possible after creation.
- Parliament must review the rules for a total period of thirty days, which can span across one or more successive sessions.
- If both Houses agree to modify or reject a rule within the allowed session limits, the rule will only take effect in the new modified form or will have no effect at all.
- Any changes or cancellations made by Parliament do not affect or undo the validity of anything that was already done under that rule before the change.
Practical examples
FAQ
1. Who has the authority to make rules under Section 44?
The Central Government has the power to make these rules.
2. Where must these rules be published?
They must be published in the Official Gazette.
3. What is previous publication in the context of Section 44?
It means the draft rules must be published and made available to the public for review and feedback before they are officially finalized and enacted.
4. For how long must the rules be laid before Parliament?
The rules must be laid before each House of Parliament for a total period of thirty days.
5. What happens if both Houses of Parliament decide to modify or cancel a rule?
The rule will only have effect in the modified form or will have no effect at all, but anything done under that rule before the modification or cancellation remains fully valid.
Test yourself
Q1.Under Section 44 of The Works of Defence Act, 1903, what is a mandatory condition that the Central Government must fulfill before officially enacting any new rules?
Q2.Under Section 44 of The Works of Defence Act, 1903, what is the required total duration for which a new rule must be laid before each House of Parliament while in session?
Q3.Under Section 44 of The Works of Defence Act, 1903, if both Houses of Parliament agree to modify or annul a rule, what happens to actions that officers already took under that rule prior to the parliamentary decision?
Q4.Under Section 44 of The Works of Defence Act, 1903, how can the thirty-day period during which a rule is laid before Parliament be structured?