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REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-15102024-257876 EXTRAORDINARY PART II—Section 4 PUBLISHED BY AUTHORITY No. 134] NEW DELHI, MONDAY, OCTOBER 14, 2024/ASHVINA 22, 1946 MINISTRY OF DEFENCE NOTIFICATION New Delhi, the 14th October, 2024 S.R.O. 134(E).—The following draft rules, which the Central Government proposes to make, in exercise of the powers conferred by section 44 of the Works of Defence Act, 1903 (7 of 1903), is hereby published as required by sub-section (2) of section 44 of the said Act for the information of all persons likely to be affected thereby and notice is hereby given that the said draft rules shall be taken into consideration by the Central Government after the expiry of thirty days from the date on which the copies of this notification is published in the Official Gazette, are made available to the public; Objections or suggestions, if any, to these draft rules may be addressed to the Director (Lands), Ministry of Defence, Room No. 12-A, South Block, New Delhi - 110011. The objections or suggestions which may be received from any person with respect to the said draft rules, before the expiry of the aforesaid period shall be considered by the Central Government. Draft Rules The Works of Defence Rules, 2024 1. Short title and commencement.- (1) These rules may be called the Works of Defence Rules, 2024. (2) They shall come into force on the date of their publication in the Official Gazette. 2. Definitions.- In these rules, unless the context otherwise requires,- (a) "Act" means the Works of Defence Act, 1903 (7 of 1903); (b) Words and expressions used herein and not defined but defined in the Act shall have meanings as assigned to them in the Act. 3. Manner of giving public notice by Collector.- (1) The Collector shall issue public notice under sub-section (2) of section 3 of the Act containing the substance of the declaration made by the Central Government under sub- section (1) of said section, which shall also contain the details regarding extent and nature of restrictions imposed under section 7 of the Act. (2) The public notice issued by the Collector referred to in sub-rule (1) shall be effected by adopting all possible methods for giving wide publicity, including but not limited to the following, namely :- (a) publication in at least two newspapers including one in vernacular language; (b) circulation amongst the local offices of panchayat, municipality, development authority and any authority; (c) uploading the said notice on the official website of the District; (d) pasting the said notice at convenient and conspicuous places in the locality. 4. Determination of compensation by Collector. - (1) For the purposes of making an inquiry and award under section 12 and section 13 of the Act, the collector shall determine the market value of land in order to determine the compensation by adopting the following criteria, namely :- (a) the market value of land belonging to the same category, if any, specified in the Indian Stamp Act, 1899 (2 of 1899) for the registration of sale deeds or agreements to sell, as the case may be, in the area, where the land is situated; or (b) the average sale price for similar type of land of comparable area situated in the nearest village or nearest vicinity area, whichever is higher: Provided that the date for determination of market value shall be the date on which the declaration has been published in the Official Gazette under sub-section (2) of section 3 of the Act. Explanation 1- The category of land shall denote the classification of land as agricultural, residential, commercial or any other land. Explanation 2.—The average sale price referred to in sub-clause (b) shall be determined by taking into account the sale deeds or the agreements to sell registered for similar type of area in the near village or near vicinity area during immediately preceding three years of the year in which the declaration has been published in the Official Gazette under sub-section (2) of section 3 of the Act. Explanation 3. For determining the average sale price referred to in Explanation 2, one-half of the total number of sale deeds or the agreements to sell in which the highest sale price as has been mentioned shall be taken into account. Explanation 4.-While determining the market value under this clause and the average sale price referred to in Explanation 2 or Explanation 3, any price paid as compensation for land notified under the provisions of the Act on an earlier occasion in the District shall not be taken into consideration. Explanation 5 Comparable area shall denote area not exceeding twenty-five per centum of the land under consideration. Explanation 6.–While determining the market value under this clause and the average sale price referred to in Explanation 2 or Explanation 3, any price paid, which in the opinion of the Collector is not indicative of actual prevailing market value may be discounted for the purposes of calculating market value. (2) Where the market value under sub-section (1) cannot be determined for the reason that— (a) the land is situated in such area where the transactions in land are restricted by or under any other law for the time being in force in that area; or (b) the registered sale deeds or agreements to sell as mentioned in clause (a) of sub-rule (1) for similar land are not available for the immediately preceding three years; or (c) the market value has not been specified under the Indian Stamp Act, 1899 (2 of 1899), the Collector or the other authority shall specify the floor price or minimum price per unit area of said land based on the price calculated in the manner specified in sub-section(1) in respect of similar types of land situated in immediate adjoining areas: Provided that the Collector or the other authorities shall take all necessary steps to revise and update the market value of the land of comparable area and same category on the basis of the prevalent market rate in that area. (3) For the purposes of determining the revision in market value of land for assessing the damage caused to the person interested for determining the compensation, the Collector or other authority shall take into consideration (a) legally permissible use of land as proposed by the landowner; and (b) the erection, maintenance, addition or alteration of any construction or excavation permitted by the Authority specified under section 7 of the Act, in accordance with the norms prescribed by the concerned Planning Authority as on date of declaration under sub- section (1) of section 3 of the Act. Explanation - The Planning Authority means any authority empowered so under a Central Act or State Act to regulate all activities relating to management and administration of land and/or construction activities within their jurisdiction. 5. Compliance with timelines. - (1) The public notice issued under sub- section (2) of section 3 of the Act shall be issued by the Collector within fifteen days of the declaration made by the Central Government under sub- section (1) of section 3 of the Act. (2) In a situation where public notice under sub-section (2) of section 3 or section 9 of the Act is not issued by the Collector within the time period mentioned in sub-rule (1) or as prescribed in the Act, any other officer may be designated by the Central Government to perform the functions of Collector under the Act in respect of the said declaration, and within such time as may be advised by the Central Government. (3) The declaration made by the Central Government under sub-section (1) of section 3 of the Act shall have the same effect as a public notice provided for under section 3 of the Act. 6. Use of emergency provisions. - The power conferred upon the Central Government under sub- section (3) of section 6 of the Act shall be invoked only in case of national emergency declared by the President on the basis of threat of war, external aggression, internal disturbance or any other crisis warranting invocation of power under sub- section (2) of section 3 of the Act as decided by the Central Government. 7. Representation against Collector's award.- (1) The landowner or person interested may prefer a representation against the determination of compensation by the Collector to an Authority atleast one rank higher than the Collector as may be notified by the Central Government in the Official Gazette . (2) The said Authority shall consider the representation, after giving due opportunity of being heard to the applicant, to assess any factual inconsistency in the determination of compensation by the Collector and may refer the matter back to the Collector for reconsideration of the award. [F. No.55/Dir(Lands)/2023(pt.II)] RAKESH MITTAL, Jt. Secy. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.