The Development Act, 1935

An Act to provide for the development of lands in Bangladesh and to impose a levy in respect of increased profit resulting from improvement works constructed by the Government. WHEREAS it is expedient to provide for the development of lands in Bangladesh and for that purpose to impose a levy in respect of increased profits resulting from improvement works constructed by the Government and to provide further powers in regards to works of improvement; [* * *]It is hereby enacted as follows:-

Section 1. Short title, extent and commencement

(1) This Act may be called the ¹* * * Development Act, 1935.

(2) It extends to the whole of Bangladesh.

(3) It shall come into force on such date as the Government may, by notification, appoint.

Section 2. Definitions

In this Act, unless there is anything repugnant in the subject or context,-

(1) ''agricultural lands'' include lands used for the growing of vegetables and the like but does not include fruit gardens, orchards or homestead lands;

(2) ''canal'' means a canal as defined in clause (1)of section 3 of the Irrigation Act, 1876.

(3) "Collector" includes any officer specially appointed by the Government to perform all or any of the functions of a Collector under this Act;

(4) "dead or decayed river" includes any river into which, or along any part of which, water has ceased to flow as freely as it would have flowed if it had not been diverted or obstructed whether owing to natural causes or as a result of interference by man, and includes also any depression which at one time formed part of a riverbed but through which there is no longer any perennial flow of water;

(5) "improvement work'' means any work of improvement constructed before ²the 26th day of March, 1971, by the Government or constructed or proposed to be constructed after that date by the Government which the Government has, by notification, declared to be an improvement work for the purposes of this Act;

(6) ''notification'' means a notification published in the official Gazette.

(7) "notified area" means any area in respect of which the Government has, by a notification issued under sub-section (1) of section 5, declared its intention to impose an improvement levy, and includes any part of such area;

(8) ''period of objection'' means a period mentioned in a notification under this Act within which objections or suggestions will be received;

(9) ''prescribed'' means prescribed by rules made under this Act; and

(10) ''rent'' and ''tenant'' have the same meanings as in the

³* * * State Acquisition and Tenancy Act, 1950.

Section 3. Preliminary notification of intention to impose improvement levy

Whenever, in the opinion of the Government, any improvement work has increased or is likely to increase the profits from the produce from any agricultural land, or to increase the outturn of such produce, within any area, the Government may, by notification, declare its intention to impose an improvement levy within that area.

Section 4. Publication of particulars

A notification under section 3 shall state the following particulars-

Section 5. Abandonment of intention or declaration of intention to impose improvement levy

(1) After the expiry of a period for objection to be mentioned in a notification under section 3 the Government shall consider the objections and suggestions, if any, receive by it and thereafter shall, by notification, declare its intention either wholly to refrain from imposing the improvement levy or to impose the same in the area concerned or in a specified part thereof, whereupon the area in respect of which the Government has by such a notification declared its intention to impose the improvement levy shall be deemed for the purposes of this Act, to be a notified area.

(2) The Government may, so far as may be in the manner hereinbefore provided, from time to time include in or exclude from any notified area any area which, in the opinion of the Government has benefited or has not benefited, as the case may be, from the improvement work.

Section 6. [Omitted]

[Omitted by the First Schedule of the East Pakistan Repealing and Amending Ordinance, 1962 (Ordinance No. XIII of 1962).]

Section 7. Imposition of Improvement levy

When the Government is satisfied that a notified area has benefited or is likely to benefit from an improvement work, if may, by notification, subject to the provisions of section 6, impose improvement levy in that area from such date as may be specified in the notification.

Section 8. Estimate of increased outturn of produce from agricultural land

(1) From time to time an officer appointed by the Government shall, in accordance with rules made under this Act, and after hearing any objections in the prescribed manner, prepare in respect of land throughout a notified area an estimate of the average increase in the outturn of the produce from agricultural land of any class which, in his opinion, has been or is likely to be made possible by any improvement work ⁴* * *:

⁵* * *

(2) The ⁶Government shall, by notification, publish such estimate and, after a period for objection to be specified in such notification, shall consider the objections and suggestions, if any, received by it ⁷* * *. Thereafter the Government may reject the estimate or may, by notification, accept it with or without modification, whereupon the accuracy of any estimate so accepted shall not be questioned in any court.

(3) Where an estimate has been accepted under sub-section (2) in respect of a notified area before the imposition of the improvement levy, such estimate shall, as soon as may be practicable after the expiry of two years from the date of the imposition of the levy, be revised in the manner provided in sub-sections (1) and (2) for the preparation, publication, and acceptance of an estimate.

Section 9. Fixing value of increased outturn

The Government shall, by notification, fix annually or for such period not exceeding five years as may be specified in the notification the price or prices on the basis of which the value of the average increase in the outturn, as estimated under section 8 from land of any class in a notified area is to be calculated.

Section 10. Maximum limit and incidence of improvement levy

(1) Notwithstanding anything contained in any other Act the improvement levy shall be imposed in respect of agricultural lands within a notified area at such rate or rates as the Government may, by notification, from time to time declare, and different rates may be so declared for classes of land of different descriptions or having different advantages:

Provided that any rate so fixed shall not exceed one half of the estimated net increase, resulting from the improvement work, in the profit or one half of the net value of the estimated increase in outturn.

Such improvement levy shall be payable by the occupiers of such lands within the notified area.

Explanation.-In this sub-section the expression "estimated increase in outturn" means the average increase in the outturn of agricultural produce as estimated under section 8.

(2) The rate or rates of the improvement levy shall be fixed under sub-section (1) for one year or for such period not exceeding five years as may be specified in the notification issued under that sub-section.

(3) For the purposes of sub-section (1) the net increase in the profits and the net value of the estimated increase in outturn shall be estimated, in accordance with rules made under this Act on the price or prices fixed under section 9.

(4) The Government may, by rules made under this Act, declare what persons or classes of persons shall be deemed, for the purposes of sub-section (1), to be occupiers of land but no person shall, by such rules, be declared to be an occupier of land unless, otherwise than as a hired labourer, he cultivates such land or (if it is not cultivated) unless he is in direct possession of such land.

(5) Notwithstanding anything contained in sub-section (4), where a person under the system generally knows as "adhi", "barga" or "bhag", cultivates the land of another person on condition of delivering a share of the produce to that person or receiving a share thereof from him, the person whose land is cultivated and the person who cultivates it shall each be deemed, for the purposes of sub-section (1), to be an occupier of such land, and each shall be liable to pay a prescribed proportion of the improvement levy imposed in respect of such land, and any contract to the contrary shall, to that extent, be void.

Section 11. Additional improvement levy in certain cases

(1) Notwithstanding anything contained in section 10, if in any notified area, any unculturable waste, swamp, or sand has, as a result of an improvement work, become culturable land, and such land is thereafter settled with any tenant, the person who settles the land shall be liable to pay, in one sum, an improvement levy of such amount as may be fixed by the Collector, in accordance with rules made under this Act, after considering any objection that may be made in the prescribed manner by such person.

(2) The amount fixed under sub-section (1) shall not exceed one -half of the difference between-

Such levy shall be additional to the levy payable under section 10 by the occupier of the land.

Section 12. Amount of improvement levy after realisation of capital cost and other charges

When in respect of any improvement work-

as determined by the Government, have been recovered in full out of the proceeds of the improvement levy, by such annual allocations as may be prescribed, the amount of the improvement levy to be realised for each year in respect of such work shall thereafter be reduced to such a sum as the ⁸Parliament may, by a resolution, recommend.

Explanation.-The term "working loss" means the sum by which the proceeds of the improvement levy in any year or years fall short of the amount necessary to meet-

Section 13. Preparation and publication of statements of imposition of improvement levy

The Collector shall, from time to time, prepare and publish in the prescribed form and manner for a notified area or any part thereof a statement showing-

Section 14. Notice of demand

The Collector shall serve a notice of demand in the prescribed form and manner and containing the prescribed particulars, on every person whose name appears in a statement published under section 13 requiring him to pay the levy by such date or dates as may be specified in the notice.

Section 15. Republication of statements and revised notice of demand

(1) After forty days from the date of publication of a statement under section 13, the Collector shall, in accordance with rules made under this Act, republish the statement with such modifications as he may have made as a result of representations by persons whose names were included therein, and, subject to any decisions, by an appellate or revisional authority, all entries in the statement as thus republished shall be presumed to be correct in every particular for the purposes of this Act.

(2) If the Collector makes any modification referred to in sub-section (1) in the statement he shall serve on the person concerned a revised notice of demand in the prescribed form and manner and containing the prescribed particulars.

Section 16. Supplementary statements

(1) The Collector may from time to time, add to or alter in the prescribed manner any statement republished under sub-section (1) of section 15. In such case, the Collector shall publish in the prescribed form and manner a supplementary statement showing any addition or alteration so made, and the provisions of this Act shall apply to such supplementary statement as if it were a statement published under section 13.

(2) Where any addition to or alteration in a statement is required as a result of a decision of an appellate or revisional authority, the Collector shall add to or alter the statement accordingly, and it shall not be necessary to publish any supplementary statement in respect thereof under sub-section (1).

Section 17. Appeals in regard to improvement levy

(1) Any person may appeal within thirty days from the date of service of the notice under section 14 or of a revised notice, if any, under sub-section (2) of section 15 or from the date of republication of a statement under sub-section (1) of section 15, whichever is later, to the Commissioner of the Division, on the ground that he has been wrongly shown in the statement as liable to pay the improvement levy or that the amount shown in such statement as payable by him is incorrect, and the decision of the Commissioner of the Division on such appeal shall, subject to the provision of sub-section (2), be final.

(2) The ⁹Government may, on application made within thirty days from the date of the order of the Commissioner of the Division, revise such order.

Section 18. Bar to objections to improvement levy, except as provided in this Act

No objection shall be taken to the imposition of an improvement levy, nor shall the liability of any person to pay the same be questioned, in any other manner than that provided in this Act.

Section 19. Copies of entries in statement

Copies of entries in a statement published under section 13 or republished under sub-section (1) of section 15 shall be made available in the prescribed manner on payment of the prescribed fee.

Section 20. Power of Collector to grant abatement or remission of improvement levy

Notwithstanding anything contained in this Act, the Collector may, subject to rules made by the Government at any time grant abatement or remission of the improvement levy payable under this Act.

Section 21. Collection of improvement levy

(1) Subject to the provision of section 20, the Collector shall, in the prescribed manner, collect from any person whose name appears in a statement republished under sub-section (1) of section 15 the amount shown therein as due from him together with any interest payable under sub-section (2).

(2) If any amount of improvement levy due from any person is not paid on or before the prescribed date, interest at such rate, not exceeding six and a quarter percent, per annum, as the Government may fix from time to time shall be payable thereon from the date of the default.

Section 22. Refunds

If any person has paid any amount as improvement levy which, in accordance with the decision of the appellate or revisional authority, or in the opinion of the Collector, was not payable by such person, the Collector shall, in the prescribed manner, refund the amount to such person.

Section 23. Recovery of arrears and other dues

All arrears of improvement levy, together with interest due thereon, and other dues payable to the Government under this Act shall be recoverable as public demands.

Section 24. Power to enter on land and to cut and remove crops

(1) If, in the opinion of the Government it is desirable for the purpose of collecting information regarding the outturn of produce from any agricultural land, the Government may, by general or special order, authorize any officer and his servants and workmen, subject to rules made under this Act, to enter upon any land and to do any acts necessary for the purpose of obtaining such information:

Provided that no person shall enter into any building or upon any enclosed courtyard or garden attached to a dwelling house (except with the consent of the occupier thereof) without previously giving such occupier at least seven days' notice in writing of his intention to do so.

(2) If, in the opinion of any officer authorized under sub-section (1), it is necessary to remove any crop for the purpose of ascertaining, by weighment or otherwise, the amount of the produce derived from any land, he may, subject to rules made under this Act, and after giving notice in writing, forthwith take possession of any standing crop on such land or part thereof, and may cause such crop to be cut and to be removed within such reasonable period a he may consider necessary.

(3) In every case under sub-section (2), such officer shall offer to the persons interested compensation for the standing crop cut and, subject to rules made under this Act, for any other damage caused during the process of cutting and removal; and, if such offer is not accepted the value of the crop cut and the amount of the damage so caused shall be assessed by the Collector in the prescribed manner.

Section 25. Power to compel production of statements and documents

(1) Subject to rules made under this Act, any officer authorized under sub-section (1) of section 24 may, by notice, require any person to make and deliver to him a statement or to produce records or documents in his possession or control relating to any land mentioned in that sub-section, at a time and place specified in the notice.

(2) Every person required to make or deliver a statement

or to produce any record or document under this section shall be

deemed legally bound to do so within the meaning of sections 175 and 176 of the ¹⁰Penal Code.

Section 26. Power of Collector to enforce attendance of witnesses and production of documents

For the purposes of any inquiry under this Act the Collector shall have power to summon and enforce the attendance of witnesses, including the persons 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, 1908.

Section 27. Dues payable under other Acts in respect of improvement work

(1) Notwithstanding anything contained in any other Act, no person who has been declared liable to pay an improvement levy in respect of any land benefited by an improvement work shall be liable to pay any rates, dues or charges to the Government under any of the Acts mentioned in the schedule in return for any benefit derived by such land from the improvement work.

(2) When an improvement levy is imposed under this Act in any area in respect of an irrigation work and an agreement exists for the supply of water under the Irrigation Act, 1876, to any land in that area, the improvement levy shall not be payable in respect of such land until the expiry of the agreement.

Section 28. Supply of water and application of rules under the Irrigation Act, 1876

(1) Within a notified area water may be supplied from a canal to any land not withstanding the fact that no application has been made under section 74 of the Irrigation Act, 1876.

(2) In any notified area specified by the Government, by notification, in this behalf any person by whom an improvement levy is payable under section 10 shall, subject to the provisions of sub-section (1) of section 27, be bound by any rules made under the Irrigation Act, 1876, for the time being in force, as if he had presented an application under section 74 of the said Act and such application had been granted.

Section 29. Right to supply of water

Notwithstanding anything contained in the Irrigation Act, 1876, no person shall have a right to a supply of water

under that Act in a notified area within any period prescribed in this behalf.

Section 30. Power to carry out drainage work

Whenever it appears expedient to carry out any scheme of drainage for the betterment of public health or for the improvement of any land or in connection with irrigation works, the Government may, after issuing a notification and, in the prescribed manner, calling for and considering objections, if any, cause such a scheme to be drawn up and carried into execution, and any officer authorised in this behalf by the Government may exercise in connection with such scheme all or any of the powers conferred on Canal Officers by sections 33, 34 and 35 of the Irrigation Act, 1876, and thereupon the provisions of sections 36, 37 and 38 of that Act shall be applicable as if such officer were a Canal Officer.

Section 31. Power to prohibit, remove or modify obstructions to the passage of water in channels

The Government may, if it is of opinion that in any area to be specified in a notification the hole or part of any river, stream, natural water-channel or natural drainage-course should be open to the unrestricted passage of water, exercise such powers as may be exercised under the Irrigation Act, 1876, with regard to the prohibition, removal or modification of obstructions in any river, stream, natural water channel or natural drainage-course, and the provisions contained in the Act with regard to and, subject to the provisions of section 35, incidental to exercise of such powers shall be applicable mutatis mutandis so far as they may reasonably be applied.

Section 32. Power to modify obstructions to the passage of water through or over land

(1) The Government may, by notification, declare that in any area specified in the notification every person shall be bound, for irrigation purpose or for the drainage of land which has been irrigated, to afford a free passage to water through or over any land in his possession or under his control.

(2) After the issue of a notification under sub-section (1) the Collector, if in his opinion the free passage of water through or over any land in such area is necessary for irrigation purposes or for the drainage of land which has been irrigated, may, subject to rules made under this Act, from time to time, issue a general or special order upon persons who have such land in their possession or under their control to modify, in such manner and within such period as may be specified in the order, any artificial obstruction that exists on such land to such free passage, or to show cause against such order.

(3) If the Collector is not satisfied with any cause that may have been shown, he shall fix a further period within which the obstruction shall be modified.

(4) If any person fails to comply with an order under sub-section (2) or sub-section (3), or under section 37, in respect of such modification, he shall be liable on conviction by a magistrate to a fine not exceeding fifty ¹¹Taka for each such offence, and to a further fine not exceeding five ¹²Taka for each day after conviction during which the obstruction remains unmodified, and the Collector may cause the obstruction to be modified and may recover the cost of modification from such person.

Section 33. Notification of dead or decayed rivers

(1) The Government may, from time to time, publish by notification a list of rivers or depression which it intends to declare to be dead or decayed rivers.

(2) In any list published under sub-section (1) any river or depression may be described either by name or by reference to its geographical situation.

(3) After the expiry of a period for objection to be mentioned in a notification under sub-section (1), the Government shall consider the objections and suggestions, if any, received by it and thereafter may, by notification, declare any river or depression notified under that sub-section to be a dead or decayed river, and such declaration shall be final and shall not be questioned in any Court or in any other manner whatsoever.

Section 34. Limitation of claims for compensation

No person shall be entitled to claim any compensation under this or any other Act for any injury, damage or less caused by a damage or decayed river which has been revived as a result of an improvement work, or by any other rivers into which it flows or spills, unless the injury, damage or loss is such as would have rendered the Government liable to pay compensation had the river not been revived.

Explanation.-A dead or decayed river is said to be revived when an increased volume of water is, by any means whatsoever, caused to flow freely into or along any part of such dead or decayed river.

Section 35. Claims for compensation

Subject to the provisions of section 34, whenever-

the person by whom any damage or loss is sustained shall not be entitled to claim any compensation for such damage or loss under any other Act, but such person may, not later than six months after the first occurrence of the injury in respect of which the claim is preferred, prefer to the Collector a claim for compensation.

Section 36. Determination of amount of compensation

(1) When a claim is preferred under section 35, the Collector shall, in the prescribed manner, after such inquiry as he deems proper and after considering any representations which may be made to him determine the amount of compensation, if any, which shall be granted.

(2) In determining whether any and, if so, what amount of compensation shall be granted, the Collector shall be bound by the provisions of any rules made by the Government under this Act regulating the grant of compensation under this section.

(3) When the amount of compensation has been determined under sub-section (1), if any dispute arises as to the apportionment of the same or any part thereof, the Collector shall, in the prescribed manner, refer such dispute to the Court, and such Court or any other Court mentioned in sub-section (5) to which the dispute may, subject to rules made under this Act, be transferred for decision, shall decide the same.

(4) In every reference under sub-section (3) the costs shall be at the discretion of the Court.

(5) In this section "Court" means a principal Civil Court of original jurisdiction and includes the Court of any Additional Judge, Subordinate Judge or ¹³Assistant Judge whom the

Government may appoint, by name or by virtue of his office, to perform concurrently with any such principal Civil Court the functions of the Court under this section within any specified local limits and, in the case of a ¹⁴Assistant Judge up to the limits of the pecuniary jurisdiction with which he is vested under section 19 of the ¹⁵Civil Courts Act, 1887.

Section 37. Appeals for certain decisions and orders of Collector

(1) Any person aggrieved by decision or order of the Collector under section 20, sub-section (3) of section 24, section 32 or sub-section (1) of section 36 may appeal, within thirty days from the date of such decision or order, to the Commissioner of the Division, whose decision on such appeal shall, subject to the provisions of sub-section (2), be final.

(2) The ¹⁶Government may, on application made within thirty days from the date of the order of the Commissioner of the Division, revise such order.

Section 38. Costs

In every appeal under sub-section (1) of section 17, or under sub-section (1) of section 37, and in every revision under sub-section (2) of section 17 or under sub-section (2) of section 37, the costs shall be at the discretion of the appellate or revisional authority, and such costs shall be recoverable as a public demand.

Section 39. Restrictions on enhancement of rent of agricultural lands in notified area

¹⁷* * * when an improvement levy has been imposed in respect of any agricultural land-

¹⁸* * *

A stipulation in any contract by which a tenant taking settlement of such land agrees to pay any amount in excess of such rent, otherwise than as salami, shall not be binding on such tenant to the extent of such excess.

Section 40. Publication of notifications

The Government shall cause every notification under this Act to be published in such manner and as such places as it thinks fit.

Section 41. Proceedings not to be invalidated by irregularities

No proceedings under this Act shall be defeated or invalidated by reason of any defect or omission in the publication or service of any notification, statement, notice or order, unless material injury is done to any person by such defect or omission.

Section 42. Bar to suits for compensation

No suit shall lie in any Civil Court for compensation in respect of any injury, damage or loss resulting from an improvement work or from anything done under this Act,

Section 43. Indemnity

No suit or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act.

Section 44. Rules

(1) The Government may, subject to the condition of previous publication, make rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality

of the foregoing power, the Government may make rules to

provide for all or any of the following matters, namely:-