1 An Act to provide for the development, improvement and expansion of the 2Capital of the Republic and Narayanganj and Tongi Municipalities and certain areas in their vicinity and the constitution of a [Kartripakkha] therefore. WHEREAS it is expedient to make provision for the development, improvement and expansion of the [Capital of the Republic and Narayanganj and Tongi Municipalities] and certain areas in their vicinity by opening up congested areas, laying out or altering streets, providing open spaces for purposes of ventilation or recreation, demolishing or constructing buildings, acquiring land for the said purposes and for the re-housing of persons displaced by the execution of improvement schemes, and otherwise as hereinafter appearing; AND WHEREAS it is expedient that a [Kartripakkha] should be constituted and invested with special powers for carrying out the objects aforesaid; It is hereby enacted as follows:-
(1) This Act may be called the Town Improvement Act, 1953.
(2) It extends to the areas comprised within the limits of the 3Dhaka City; but the Government may, by notification under the procedure prescribed by section 162, extend this Act or any provision thereof to the areas comprised within the limits of the Narayanganj Municipality 4and Tongi Municipality and such other area in the vicinity of 5the said City and those two Municipalities as may be specified in the notification.
(3) It shall come into force in such areas and on such dates as the Government may, by notification, specify.
In this Act, unless there is anything repugnant in the subject or context,-
6(a) “betterment fee” means the fee declared under section 94 in respect of an increase in the value of land resulting from execution of an improvement or re-housing scheme;The duty of carrying out the provisions of this Act shall, subject to the conditions and limitations hereinafter contained, be vested in a 12Kartripakkha, to be called the Rajdhani Unnayan Kartripakkha; and such Kartripakkha shall be a body corporate and have perpetual succession and a common seal, and shall by the said name sue and be sued.
(2) The Chairman and other members shall be appointed by the Government on such terms and conditions as it may determine.
(3) The Chairman and other members shall be the whole-time officers of the Kartripakkha.
(4) The Chairman shall be the chief executive officer of the Kartripakkha.
(5) The Chairman and other members shall exercise such powers and perform such functions as may be prescribed, or as may be assigned to them by the Government from time to time.
(6) If a vacancy occurs in the office of the Chairman or if the Chairman is unable to discharge the functions of his office on account of absence, illness or any other cause, the Government shall make such arrangement for discharging the functions of the office of Chairman as it may consider expedient.
(1) The meetings of the Kartripakkha shall be held at such times and places as may be prescribed:
Provided that, until so prescribed, such meetings shall be held at such times and places as may be determined by the Chairman.
(2) To constitute a quorum at a meeting of the Kartripakkha, the number of members present shall be two, if the Kartripakkha consists of not more than three members, and three, if the Kartripakkha consists of more than three members.
(3) All meetings of the Kartripakkha shall be presided over by the Chairman and, in his absence by a member authorised in writing by the Chairman.
(4) At a meeting of the Kartripakkha, each member shall have one vote and, in the event of equality of votes, the person presiding shall have a second or casting vote.
(5) No act or proceeding of the Kartripakkha shall be invalid or be called in question on the ground of any vacancy in, or any defect in the constitution of the Kartripakkha.]
(1) The Kartripakkha may associate with themselves, in such manner and for such period as may be prescribed by 14rules or regulations made under section 152, any person whose assistance or advice they may desire in carrying out any of the provisions of this Act.
(2) A person associated with themselves by the Kartripakkha under sub-section (1) for any purpose shall have a right to take part in the discussions of the Kartripakkha relative to that purpose, but shall not have a right to vote at a meeting of the Kartripakkha, and shall not be a member of the Kartripakkha for any other purpose.
[Constitution and functions of Committees.- Omitted by section 9 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987). ]
[Meetings of Committees.- Omitted by section 9 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).]
[Fees for attendance at meetings.- Omitted by section 9 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).]
[Trustees and associated members of Board or Committee not to take part in proceedings in which they are personally interested.- Omitted by section 9 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).]
The Kartripakkha may enter into and perform all such contracts as they may consider necessary or expedient for carrying out any of the purposes of this Act.
(1) Every such contract shall be made on behalf of the Kartripakkha by the Chairman:
Provided that a contract involving an expenditure exceeding five lakhs of taka shall not be made by the Chairman without the previous sanction of the Kartripakkha.
(2) Every estimate for the expenditure of any sum for carrying out any of the purposes of this Act shall be subject to the approval of the authority who is empowered by sub-section (1) to make or sanction the making of a contract involving the expenditure of a like sum.
(3) Sub-sections (1) and (2) shall apply to every variation or abandonment of a contract or estimate, as well as to an original contract or estimate.
(1) Every contract made by the Chairman on behalf of the Kartripakkha shall be entered into in such manner and form as would bind the Chairman if such contract were made on his own behalf, except that the common seal of the Kartripakkha shall be used; and every such contract may in the like manner and form be varied or discharged.
(2) Every contract for the execution of any work or the supply of any materials or goods shall be in writing and shall be sealed.
(3) The common seal of the Kartripakkha shall remain in the custody of the Secretary to the Kartripakkha, and shall not be affixed to any contract or other instrument except in the presence of a 15member (other than the Chairman), who shall attach his signature to the contract or instrument in token that the same was sealed in his presence.
(4) The signature of the said 16member shall be in addition to the signature of any witness to the execution of such contract or instrument.
(5) A contract not executed as provided in this section shall not be binding on the Kartripakkha.
(1) At least seven days before entering into any contract for the execution of any work or the supply of any materials or goods which will involve an expenditure not exceeding ten thousand taka, or at least fourteen days before entering into such contract involving an expenditure exceeding ten thousand taka, the Chairman shall give notice, by advertisement in local newspapers, inviting tenders for the same.
(2) In every case in which the acceptance of a tender would involve an expenditure exceeding five lakhs of taka, the Chairman shall submit to the Kartripakkha the specifications, conditions and estimates, and all tenders received, specifying particular tender (if any) the acceptance of which he recommends.
(3) The Kartripakkha shall not be bound to sanction the acceptance of any tender which has been made; but it may sanction the acceptance of any such tender which appears to them, in consideration of all circumstances, to be the most advantageous, or may direct the rejection of all the tenders submitted to them.
The Chairman shall take sufficient security for the due performance of every contract involving an expenditure exceeding one thousand taka.
(1) The Chairman shall forward to the Government a copy of the minutes of the proceeding of each meeting of the Kartripakkha, within ten days from the date on which the minutes of the proceedings of such meeting were signed as 17 *.
18(1A) If, in the opinion of the Chairman, any resolution passed by the Kartripakkha is not in conformity with law, or is, in any way, against public interest, the Chairman shall, while forwarding a copy thereof, bring this fact to the notice of the Government making his own suggestion for requisite action in the matter. Till orders are received from the Government, the execution of the resolution shall be held in abeyance.(2) If the Government so directs in any case, the Chairman shall forward to it a copy of all papers which were laid before the Kartripakkha for consideration at any meeting.
(3) The Government may require the Chairman to furnish it with-
(4) The Government may, at any time, cause an investigation to be made, by an officer appointed in this behalf, into the affairs of the Kartripakkha and take such remedial measures as may be warranted by the findings of such investigation.
The Kartripakkha shall, from time to time prepare, and shall maintain, a statement showing-
The Kartripakkha shall from time to time make 20regulations-
Provided that a servant of the Government shall not be entitled to leave or leave allowances otherwise than as may be prescribed by the conditions of his service under the Government relating to transfer to foreign service.
(1) Subject to the provisions of this Act, the Kartripakkha may determine, from time to time, what officers and other employees are necessary for the performance of its functions, may also engage such experts and consultants, as it may consider necessary for the said purpose, and may fix the salaries, fees and allowances to be paid to such officers, employees, experts and consultants:
22Provided that prior approval of the Government shall be necessary for creation of posts carrying pay in a scale above the Modified New Scales of Pay of Tk. 2800-4425:Provided further that the creation of any post shall be subject to specific provision being made in the approved budget in that behalf.
(2) The Kartripakkha shall be liable to pay such contribution for leave allowance and pension of any servant of the Government employed as Chairman or an employee of the Kartripakkha, as may be required by the condition of his service under the Government, as the case may be, to be paid by him or on his behalf.
[Power of appointment, punishment, etc.- Omitted by section 13 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).]
The Chairman shall exercise supervision and control over the acts and proceedings of all employees of the Kartripakkha; and, subject to the foregoing sections, shall dispose of all questions relating to the service of the said employees and their pay, privileges and allowances.
(2) The exercise or discharge of any powers, duties or functions delegated under sub-section (1) shall be subject to such conditions and limitations if any, as may be prescribed in the said order, and also to control and revision by the Chairman.
Whenever it appears to the Kartripakkha, whether upon an official representation made under section 43 or without such a representation,-
it is expedient to lay out new streets or to alter existing streets (including bridges, culverts and cause-ways), or
the Kartripakkha may pass a resolution to that effect and may then proceed to frame an improvement scheme.
When framing an improvement scheme in respect of any area, regard shall be had to-
An improvement scheme may provide for all or any of the following matters, namely:-
Whenever it appears to the Kartripakkha that it is expedient in the interests of the public and for the proper planning of the area included in any improvement scheme-
the Kartripakkha may pass a resolution to the effect and such resolution shall form part of the particulars of the scheme under clause (c) of sub-section (1) of section 45.
The Kartripakkha may frame schemes (herein called re-housing schemes) for the construction, maintenance and management of such and so many dwellings and shops as they may consider ought to be provided for persons of the poorer and working classes who-
(1) An official representation referred to in section 38 may be made by the Corporation or Paurashava-
(2) If the Corporation or Paurashava decide not to make an official representation on any complaint made to them under clause (b) or clause (c) of sub-section (1), they shall cause a copy of such complaint to be sent to the Kartripakkha, with a statement of the reasons for their decision.
(1) The Kartripakkha shall consider every official representation made under section 43, and, if satisfied as to the truth thereof and to the sufficiency of their resources, shall decide whether an improvement scheme to carry such representation into effect should be framed forthwith or not, and shall forthwith intimate their decision to the Corporation or Paurashava.
(2) If the Kartripakkha decide that it is not necessary or expedient to frame an improvement scheme forthwith, they shall inform the Corporation or Paurashava of the reasons for their decision.
(3) If the Kartripakkha fail, for a period of six months after the receipt of any official representation made under section 43, to intimate their decision thereon to the Corporation or Paurashava,
or if the Kartripakkha intimate to the Corporation or Paurashava their decision that it is not necessary or expedient to frame an improvement scheme forthwith,
the Corporation or Paurashava may, if they think fit, refer the matter to the Government.
(4) The Government shall consider every reference made to it under sub-section (3), and-
(5) The Kartripakkha shall comply with every direction given by the Government under sub-section (4).
(1) When for any area within the City or Municipality any improvement scheme or re-housing scheme has been framed, the Kartripakkha shall prepare a notice, stating-
(2) The Kartripakkha shall-
(3) The Chairman shall cause copies of all documents referred to in clause (c) of sub-section (1) to be delivered to any applicant on payment of such fee as may be prescribed by rule made under section 152.
The 26Mayor of the Corporation or Chairman of the Paurashava to whom a copy of the notice has been sent under clause (ii) of sub-section (2) of section 45 shall, within a period of thirty days from the receipt of the said copy, forward to the Kartripakkha any representation which the Corporation or Paurashava may think fit to make with regard to the scheme.
As soon as possible after the publication of a notice under section 45, the Chairman shall send a statement containing the particulars of the land which it is proposed to acquire in executing the scheme or in regard to which it is proposed to recover a betterment fee, to the 27Mayor of the Corporation or Chairman of the Paurashava, in which any portion
of the area comprised in the scheme is situated, with a request to furnish-
within fourteen days of the receipt of such request and on payment of prescribed fee.
(1) During the thirty days next following the first day on which any notice is published under section 45 in respect of any improvement scheme or re-housing scheme, the Kartripakkha shall serve a notice on-
(2) Such notice shall-
(3) Every such notice shall be signed by or by the order of the Chairman.
(1) After the expiry of the periods respectively prescribed under clause (i) of sub-section (2) of section 45, and by section 46, and clause (b) of sub-section (2) of section 48 in respect of any improvement scheme or re-housing scheme, the Kartripakkha shall consider any objection, representation and statement of dissent received thereunder, and after hearing all Abandonment of improvement scheme, or application to Government to sanction it
persons making any such objection, representation or dissent who may desire to be heard, the Kartripakkha may either abandon the scheme or apply to the Government for sanction to the scheme, with such modifications (if any), as the Kartripakkha may consider necessary.
(2) Every application submitted under sub-section (1) shall be accompanied by-
The Government may sanction, either with or without modification, or may refuse to sanction, any improvement scheme or re-housing scheme submitted to it under section 49.
(1) Whenever the Government sanctions an improvement scheme or re-housing scheme, it shall announce the fact by notification, and the Kartripakkha shall forthwith proceed to execute the scheme.
(2) The publication of a notification under sub-section (1), in respect of any scheme, shall be conclusive evidence that the scheme has been duly framed and sanctioned.
(2) Any improvement or re-housing scheme or re-building scheme proposed to be executed in an area outside 30City or Municipal limits and estimated to cost Taka five lakhs or more framed by the Kartripakkha, shall be submitted to Government for sanction.
(3) The Government may sanction such improvement or re-housing or re-building scheme either with or without modification, or may refuse to sanction but in either case it shall communicate its decision to the Kartripakkha within sixty days from the date of receipt of the scheme from the Kartripakkha.
(4) Whenever the Government sanctions, with or without modifications any improvement or re-housing scheme, or re-building scheme outside the 31City or Municipal limits it shall announce the fact by a notification, and the Kartripakkha shall forthwith proceed to execute the scheme.
(5) The publication of a notification under sub-section (4) in respect of any scheme outside the 32City or Municipal area shall be conclusive evidence that the scheme has been duly framed and sanctioned.
The provisions of sections 45 to 51 of the Act shall not apply to any scheme inside the City or Municipality estimated to cost less than Taka five lakhs.
(1) Whenever the Kartripakkha frames any improvement scheme or re-housing scheme or re-building scheme of the value of less than Taka five lakhs for execution within or outside the 33City or Municipal area it shall announce the fact by a notification and shall forthwith proceed to execute the same.
(2) The publication of a notification under sub-section (1) in respect of any scheme either within or outside the 34City or Municipal area shall be conclusive evidence that the scheme has been duly framed.]
At any time after any improvement scheme or re-housing scheme has been sanctioned by the Government and before it has been carried into execution, the Kartripakkha may alter it:
Provided as follows:-
Any number of areas in respect of which improvement schemes or re-housing schemes have been, or are proposed to be, framed, may, at any time, be included in one combined scheme.
No street laid out or altered by the Kartripakkha shall be of less width than-
Provided as follows:-
(1) Whenever any building, or any street, square or other land, or any part thereof, which-
(2) Where any street or square, or any part thereof vests in the Kartripakkha under sub-section (1), no compensation shall be payable by the Kartripakkha to the Corporation or Paurashava or the 37Zilla Parishad, Upazila Parishad or Union Parishad in respect of such street, square or part.
(3) Where any land, not being a street or square, vests in the Kartripakkha under sub-section (1), compensation in respect of such land shall not be payable by the Kartripakkha except to the 38Zilla Parshad, Upazila Parishad or Union Parishad.
(4) Where any building vests in the Kartripakkha under sub-section (1), compensation for such building shall be payable by the Kartripakkha to the Corporation or Paurashava or the 39Zilla Parishad, Upazila Parishad or Union Parishad, as the case may be.
(5) If any question or dispute arises-
the matter shall be referred to the Government whose decision shall be final.
Explanation.- For the purposes of this section, “building” means only the structure, and does not include any land other than the land on which it actually stands; and “compensation” means a sum equal to the market value of the land or building on the date of the service of the notice under sub-section (1).
(1) Whenever any street or square or part thereof which is not vested in the Kartripakkha or in the Corporation or Paurashava or in any 40Zilla Parishad, Upazila Parishad or Union Parishad is required for executing any improvement scheme or re-housing scheme, the Kartripakkha shall cause to be affixed in a conspicuous place in or near such street, square or part, a notice signed by the Chairman, and (a) stating the purpose for which the street, square or part is required, and (b) declaring that the Kartripakkha will, on or after a date to be specified in the notice, take over charge of such street, square or part from the owner thereof; and shall simultaneously send a copy of such notice to the owner of such street, square or part.
(2) After considering and deciding all objections (if any) received in writing before the date so specified, the Kartripakkha may take over charge of such street, square or part from the owner thereof; and the same shall thereupon vest in the Kartripakkha.
(3) When the Kartripakkha alter or close any street or square or part thereof which has vested in them under sub-section (2), they shall pay reasonable compensation to the previous owner for the loss of his rights therein.
(4) If the alteration or closing of any such street, square or part causes damage or substantial inconvenience to owners of property adjacent thereto, or to residents in the neighbourhood, the Kartripakkha-
(1) When any building or any street, square or other land or any part thereof has vested in the Kartripakkha under section 55 or section 56, no drain or water-work therein shall vest in the Kartripakkha until another drain or water-work (as the case may be), if required, has been provided by the Kartripakkha to the satisfaction of the Corporation or Paurashava or the 41Zilla Parishad, Upazila Parishad or Union Parishad in whose area the drain or water-work is situated, in place of the former drain or water-work.
(2) If any question or dispute arises as to whether another drain or water-work is required, or as to the sufficiency of any drain or water-work provided by the Kartripakkha, under sub-section (1), the matter shall be referred to the Government whose decision shall be final.
(1) The Corporation or Paurashava or the 43Zilla Parishad, Upazila Parishad or Union Parishad shall not be responsible for the maintenance and repair or for the watering and cleaning of any street, square or garden which is vested in the Kartripakkha under section 55.
(2) [Omitted by section 18 of the Town Improvement (Amendment) Ordinance, 1963 (East Pakistan Ordinance No. VI of 1963)].
(3) [Omitted by section 18 of the Town Improvement (Amendment) Ordinance, 1963 (East Pakistan Ordinance No. VI of 1963)].
Whenever the Kartripakkha allow any street vested in them to be used for public traffic,-
Whenever any drain in, or the pavement or surface of, any street vested in the Kartripakkha is opened or broken up by the Kartripakkha for the purpose of carrying on any work,
or whenever the Kartripakkha allow any street which they have under construction to be used for public traffic,
the Kartripakkha shall cause the place to be fenced and guarded and to be sufficiently lighted during the night, and shall take proper precautions for guarding against accident by shoring up and protecting adjoining buildings,
and shall, with all convenient speed, complete the said work, fill in the ground, and repair the said drain, pavement or surface, and carry away the rubbish occasioned thereby or complete the construction of the said street, as the case may be.
(1) When any work referred to in section 60 is being executed by the Kartripakkha in any public street vested in them, or when any other work which may lawfully be done is being executed by the Kartripakkha in any street vested in them, the Kartripakkha may direct that such street shall, during the progress of such work, be either wholly or partially closed to traffic generally or to traffic of any specified description.
(2) When any such direction has been given, the Kartripakkha shall set up in a conspicuous position in or near the street an order prohibiting traffic to the extent so directed, and shall fix such bars, chains or posts across or in the street as they may think proper for preventing or restricting traffic therein, after notifying in local newspapers their intention to do so.
(1) When any work is being executed by the Kartripakkha in any public street vested in them, the Kartripakkha shall, so far as may reasonably be practicable, make adequate provision for-
(2) The Kartripakkha shall pay reasonable compensation to any person who sustains special damage by reason of the execution of any such work.
(1) The Kartripakkha may-
(2) Whenever the Kartripakkha discontinue the public use of, or permanently close, any public street vested in them, or any part thereof, they shall pay reasonable compensation to every person who was entitled, otherwise than as a mere licensee, to use such street or part as a means of access and has suffered damage from such discontinuance or closing.
(3) Whenever the Kartripakkha discontinue the public use of, or permanently close, any public square vested in them, or any part thereof, they shall pay reasonable compensation to every person-
and who has suffered damage,-
(4) In determining the compensation payable to any person under sub-section (2) or sub-section (3), the Kartripakkha shall make allowance for any benefit accruing to him from the construction, provision or improvement of any other public street or square at or about the same time that the public street or square or part thereof, on account of which the compensation is paid, is discontinued, or closed.
(5) When any public street or square vested in the Kartripakkha, or any part thereof, is permanently closed under sub-section (1), the Kartripakkha may sell, or lease so much of the same as is no longer required.
(1) If any question or dispute arises-
the matter shall be determined by the Tribunal, if referred to it either by the Kartripakkha or by the claimant, within a period of three months from-
in case (a) or case (b) – the date on which the street or square or part thereof was altered or closed by the Kartripakkha, or
in case (c) – the date on which the said person was informed of the decision of the Kartripakkha fixing the amount of compensation to be paid to him;
and the determination of the tribunal shall be final.
(2) If a reference to the Tribunal be not made within the period prescribed by sub-section (1), the decision of the Kartripakkha shall be final.
(3) [Omitted by section 19 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).]
Whenever the Kartripakkha are satisfied-
the Kartripakkha shall pass a resolution to that effect and shall call upon the Corporation or Paurashava to take over such street as and from the date fixed by such resolution for the purpose.
(1) If the Corporation or Paurashava, on being called upon to take over any street under section 65, are satisfied that such street has been completed in accordance with the plans sanctioned by the Government under section 50, they shall, after informing the Kartripakkha of their intention to do so, by written notice affixed in some conspicuous position in such street, declare the street to be a public street and the street shall thereupon vest in the Corporation or Paurashava and shall thenceforth be maintained, kept in repair, lighted and cleansed by the Corporation or Paurashava:
Provided that the Corporation or Paurashava may agree to take over any street subject to any conditions or the execution of further works by the Kartripakkha in the said street.
(2) If the Corporation or Paurashava fail to take over any street within a period of six months from the date when called upon to do so by the Kartripakkha under section 65 and fail to inform the Kartripakkha of their reason for non-compliance with the Kartripakkha’s resolution, the street shall automatically vest in the Corporation or Paurashava as if all the procedure under sub-section (1) had been fulfilled.
(3) When any open space for purposes of ventilation or recreation has been provided by the Kartripakkha in executing any improvement scheme or re-housing scheme, it shall, on completion, be transferred to the Corporation or Paurashava by a resolution of the Kartripakkha, and shall thereupon vest in, and be maintained at the expense of the Corporation or Paurashava:
Provided that the Corporation or Paurashava may require the Kartripakkha before any such open space is so transferred, to enclose, level, turf, drain and lay out such space and provide foot-paths therein, and, if necessary, to provide lamps and other apparatus for lighting it.
(4) If any difference of opinion arises between the Kartripakkha and the Corporation or Paurashava in respect of any matter referred to in the foregoing provisions of this section, the matter shall be referred to the Government whose decision shall be final.
If this Act or any provision thereof be extended by notification under sub-section (2) of section 1 to any area outside the City or Municipality, the street laid out or altered, and open spaces provided by the Kartripakkha in such area shall, until such time as the City or Municipality is extended to such area 44 *, continue to vest in the Kartripakkha, and shall thereafter vest in and be taken over by the Corporation or Paurashava in accordance with the provisions of sections 65 and 66.
Notwithstanding anything contained in sections 65 and 66, or section 67, the Kartripakkha may retain any service passage which they have laid out for sanitary purposes and may enter into an agreement with the Corporation or Paurashava, or any other person for the supervision, repair, lighting and general management of any passage so retained.
(1) The Kartripakkha may, from time to time in regard to any are-
make plans of proposed public streets or open spaces showing the direction of such streets, the street alignment and building line (if any) on each side of them, their intended width, the location of proposed open spaces and such other details as may appear desirable.
(2) When a plan of a proposed public street or open space has been made under sub-section (1), the Kartripakkha shall prepare a notice stating-
(3) The Kartripakkha shall-
(1) After the expiry of the period prescribed in clause (d) of sub-section (2) of section 69, the Kartripakkha shall consider-
and the Kartripakkha may thereupon either withdraw the plan or apply to the Government for sanction thereto with such modifications (if any) as the Kartripakkha may consider necessary.
(2) If the Kartripakkha apply for sanction under sub-section (1), they shall simultaneously forward to the Government a full statement of all objections and representations made to them under the said sub-section.
(3) When a plan of a proposed public street or open space has been submitted to the Government under sub-section (1), the Kartripakkha shall cause notice of the fact to be published for two consecutive weeks in the official Gazette and in local newspapers.
(4) The Government may sanction, either with or without modification, or may refuse to sanction, any plan of a proposed public street or open space submitted to it under sub-section (1).
Whenever the Government sanctions a plan of a proposed public street or open space, it shall announce the fact by notification, and the publication of such notification shall be conclusive evidence that the plan has been duly made and sanctioned; and the proposed public street or open space to which such notification refers shall be deemed to be a projected public street or open space, and shall be so deemed until-
Provided that such cancellation shall not affect the validity of any action taken by the Kartripakkha in pursuance of the said notification.
(1) If any person desires to erect, re-erect or add to any wall (exceeding ten feet in height) or building which falls within a street alignment or building line of a projected public street or within the area of a projected open space as shown in any plan sanctioned by the Government under sub-section (4) of section 70, he shall submit an application in writing to the Chairman for permission so to do:
Provided as follows:-
No such application shall be necessary for permission to erect or re-erect, between a building line and the street alignment,-
(2) The Chairman shall in no case refuse an application submitted under sub-section (1) if the applicant executes an agreement binding himself and his successors-in-interest to remove, without compensation, any wall or building to which that application relates, in the event of the Kartripakkha -
(3) If the Chairman does not, within forty-five days after the receipt of an application under sub-section (1), grant or refuse to grant the permission applied for, such permission shall be deemed to have been granted.
(4) If the Chairman refuses permission to any person to erect, re-erect or add to any wall or building as aforesaid which falls-
the owner of the land on which it was sought to erect, re-erect or add to such wall or building, may call upon the Kartripakkha, at any time within three months from the date of such refusal either-
and the Kartripakkha shall thereupon-
in case (a), make full compensation to the said owner for any damage which he may be found to have sustained in consequence of such refusal, and in case (b), forthwith take steps to acquire the said land:
Provided that, in the case of such land as falls within street alignment only, it shall be optional with the Kartripakkha to acquire the same in lieu of paying compensation therefore.
(5) An appeal, if preferred within sixty days of the order of refusal under sub-section (4), shall lie to the Kartripakkha against such order, and the decision of the Kartripakkha on such appeal shall be final.
(1) As soon as may be after the provisions of the Act comes into force, the Kartripakkha shall prepare a Master Plan for the area within its jurisdiction indicating the manner in which it proposes that land should be used (whether by carrying out thereon of development or otherwise) and the stages by which any such development should be carried out.
(2) The Master Plan shall include such maps and such descriptive matter as may be necessary to illustrate the proposals aforesaid with such degree of particularity as may be appropriate, between different parts of the area, and any such plan may, in particular, define the sites of proposed roads, public and other buildings and works, or fields, parks, pleasure-grounds and other open spaces or allocate areas of land for use for agricultural, residential, industrial or other purposes of any class specified in the Master Plan.
(3) The Government shall, within one month from the receipt of the Master Plan from the Kartripakkha, publish the same in the official Gazette.
(4) Any person objecting to the plan or part thereof shall file objection with the Government within sixty days from the date of the publication of the plan.
(5) The Government after considering the objections that may be filed, shall approve the Master Plan within four months from the date of publication either with or without modification.
(1) When the Government approves the Master Plan submitted under section 73, it shall announce the fact by notification and the publication of such notification shall be conclusive evidence that the Master Plan has been duly made and approved, and thereafter it shall be unlawful for any person to use any land for any purposes other than that laid down in the Master Plan, unless he has been permitted to do so under section 75.
(2) The Kartripakkha may, from time to time, with the approval of the Government and the Government may at any time, amend or alter any specific provision of the Master Plan. Any such amendment or alteration shall be published in the official Gazette.
(3) All future developments and construction, both public and private, shall be in confirmity with the Master Plan or with the amendment thereof.
(4) The Master Plan, or an amendment thereof, shall neither before nor after it has been approved, be questioned in any legal proceedings whatsoever and shall become operative on the day it is approved by the Government and published in the official Gazette.
(1) If any person desires to use any land for any purpose other than that laid down in the Master Plan approved under sub-section (5) of section 73, he may apply in writing to the Chairman for permission so to do.
(2) If the Chairman refuses permission to any person, such person may, within sixty days of the Chairman's refusal, appeal to the Kartripakkha against such refusal.
(3) The decision of the Kartripakkha on any appeal under sub-section (2) shall be final.
No compensation shall be payable to any person owing to the restricted use to which his land may be put under sections 73 and 74.
(1) All plans for the erection of buildings approved under the provisions of the 47Paurashava Ordinance, 1977(XXVI of 1977), and the Dacca Municipal Corporation Act, 1974 (LVI of 1974), shall be submitted to the Chairman for sanction.
(2) The Chairman may refuse the sanction if the purpose for which the proposed building is to be used is contrary to the provisions of section 73, or if the proposed elevation of the building is unsuitable for the locality or is likely to deteriorate the value of adjoining lands, or on any other reasonable grounds.
(3) If the Chairman refuses sanction under sub-section (2), he shall communicate the reasons for such refusal to the Corporation or Paurashava, and the Corporation or Paurashava shall then send a copy thereof to the owner of the site to which the plan relates.
(4) The owner of such site may, within a period of three months from the date of the Chairman's refusal, appeal to the Kartripakkha, and the Kartripakkha's decision thereon shall be final.
(5) The Corporation or Paurashava shall refuse to grant permission for erection of any structures which have not been sanctioned by the Chairman or the Kartripakkha under this section.
48(6) The Chairman or any other member or any officer of the Kartripakkha, from such date as the Government may, by notification, declare, shall be deemed to be only “authorised officers” within the meaning of clause (a) of section 2 of the Building Construction Act, 1952(E. B. Act II of 1953), which Act shall be deemed to be modified to that extent, so far as it relates to the area within the jurisdiction of the Kartripakkha.The Kartripakkha may enter into an agreement with any person for the acquisition from him by purchase, lease, or exchange, of any land or any interest in such land, which the Kartripakkha are authorised to acquire.
(2) The acquisition of any land or interest in land for the Kartripakkha under this section, or for any scheme under this Act, shall be deemed to be an acquisition for a public purpose within the meaning of the Acquisition and Requisition of Immovable Property Ordinance, 1982 (II of 1982), and the provisions of the said Ordinance shall apply to all such proceedings.
[Tribunal to be constituted.- Omitted by section 23 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987). ]
[Modification of the Land Acquisition Act, 1894.- Omitted by section 23 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).]
[Constitution of Tribunal.- Omitted by section 23 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).]
[Remuneration of the President.- Omitted by section 23 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).]
[Employee of Tribunal.- Omitted by section 23 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).]
[Payments by Board on account of Tribunal.- Omitted by section 23 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).]
[Power to make rules for Tribunal.- Omitted by section 23 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).]
[ward of Tribunal how to be enforced.- Omitted by section 23 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).]
[Appeal from awards of the Tribunal.- Omitted by section 23 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).]
[Procedure in such appeals.- Omitted by section 23 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).]
[Execution of orders of Courts.- Omitted by section 23 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).]
[Period of limitation for such appeals.- Omitted by section 23 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).]
[Arbitrator.- Inserted by section 14 of the Town Improvement (Amendment) Ordinance, 1958 (East Pakistan Ordinance No. LXIX of 1958) and subsequently omitted by section 23 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).]
[Abandonment of acquisition in consideration of special payment.- Omitted by section 23 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).]
[Abandonment.- Omitted by section 23 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).]
[Requisition of Property for any scheme.- Omitted by section 23 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).]
[Payment of compensation.- Inserted by section 17 of the Town Improvement (Amendment) Ordinance, 1965 (East Pakistan Ordinance No. III of 1965) and subsequently omitted by section 23 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).]
(1) When by the making of any improvement scheme or re-housing scheme, any land in the area comprised in the scheme which is not required for the execution thereof will, in the opinion of the Kartripakkha, be increased in value, the Kartripakkha, in framing the scheme, may, in lieu of providing for the acquisition of such land, declare that a betterment fee shall be payable by the owner of the land or any person having an interest therein in respect of the increase in value of the land resulting from the execution of the scheme.
(2) Such betterment fee shall be an amount equal to one-half of the increase in value of the land resulting from the execution of the scheme, and shall be calculated upon the amount by which the value of the land on the completion of the execution of the scheme estimated as if the land were clear of buildings exceeds the value of the land prior to the execution of the scheme estimated in like manner.
(1) When it appears to the Kartripakkha that an improvement scheme or re-housing scheme is sufficiently advanced to enable the amount of the betterment fee to be determined, the Kartripakkha shall, by a resolution passed in this behalf, declare that for the purpose of determining such fee the execution of the scheme shall be deemed to have been completed and shall thereupon give notice in writing to every person on whom a notice in respect of the land to be assessed has been served under clause (a) of sub-section (1) of section 48 that the Kartripakkha propose to assess the amount of the betterment fee payable in respect of such land under section 94.
51(2) The Kartripakkha shall then assess the amount of betterment fee payable by each person concerned after giving such person an opportunity to be heard.(3) Any person aggrieved by the assessment made by the Kartripakkha under sub-section (2) may, within thirty days from the date of such assessment, appeal to the Government whose decision thereon shall be final.
[Settlement to betterment fee by Tribunal.- Omitted by section 25 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).]
When the amount of all betterment fees payable in respect of land in the area comprised in the scheme has been determined under section 95 52 *, the Kartripakkha shall, by a notice in writing to be served on all persons liable to such payment, fix a date by which such payment shall be made; and interest at the rate of 53ten per cent per annum upon any amount outstanding shall be payable from that date.
(1) Any person liable to the payment of a betterment fee may, at his option, instead of making a payment thereof to the Kartripakkha to leave the said payment outstanding as a charge on his interest in the land, subject to the payment in perpetuity of interest at the rate of 54ten per cent per annum, the first annual payment of such interests to be made one year from the date referred to in section 97.
(2) Every payment due from any person in respect of a betterment fee and every charge referred to in sub-section (1) shall, notwithstanding anything contained in any other enactment and notwithstanding the existence of any mortgage or other charge, whether legal or equitable, be the first charge upon the interest of such person in such land.
(3) [Omitted by section 27 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).]
[Recovery of money.- Omitted by section 28 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).]
[Agreement or payment not to bar acquisition under a fresh declaration.- Omitted by section 28 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).]
(1) The Kartripakkha may retain, or may let on hire, lease, sell, exchange or otherwise dispose of any land vested in or acquired by them under this Act.
(2) Whenever the Kartripakkha decide to lease or sell any land acquired by them under this Act from any person, they-
(3) If in any case two or more persons claim to exercise a right offered under clause (b) of sub-section (2) to take on lease or to purchase any land, the right shall be exercisable by the person who agrees to pay the highest sum for the land, not being less than the rate fixed by the Kartripakkha under that clause, to the exclusion of the others.
The Government may make rules, not inconsistent with the provisions of this Act, for carrying out the purposes of this Act.
In particular, and without prejudice to the generality of the foregoing power, the Government may make rules for all or any of the following matters, namely:-
55 *(2) The Corporation or Paurashava contributions prescribed by sub-section (1) shall be expenditure charged on the Corporation or Paurashava Fund.
The Kartripakkha may from time to time borrow, at such rate of interest, and for such period, and upon such terms, as to the time and method of repayment and otherwise, as the Government may approve, any sum necessary for the purpose of-
Whenever the borrowing of any sum has been approved under section 104, the Kartripakkha may, instead of borrowing such sum or any part thereof from the public, take credit from any Bank, on a cash account to be kept in the name of the Kartripakkha, to the extent of such sum or part; and, with the previous sanction of the Government may grant mortgages of all or any property vested in the Kartripakkha by way of securring the payment of the amount of such credit or of the sums from time to time advanced on such cash account with interest.
When any sum of money has been borrowed under section 104 or section 105 for the purpose of meeting particular expenditure or repaying a particular loan, no portion thereof shall be applied to any other purpose without the previous sanction of the Government.
(1) Whenever money is borrowed by the Kartripakkha on debentures, the debentures shall be in such form as the Kartripakkha, with the previous sanction of the Government, may from time to time determine.
(2) All debentures shall be signed by the Chairman and one other 57member.
(3) The holder of any debenture in any form prescribed under sub-section (1) may obtain in exchange therefore, upon such terms as the Kartripakkha may from time to time determine, a debenture in any other form so prescribed.
(4) Every debenture issued by the Kartripakkha shall be transferable by endorsement, unless some other mode of transfer be prescribed therein.
(5) The right to sue in respect of moneys secured by debentures issued by the Kartripakkha shall vest in the respective holders of the debentures for the time being, without any preference by reason of some of such debentures being prior in date to others.
All coupons attached to the debentures issued under this Act shall bear the signature of the Chairman; and such signature may be engraved, lithographed or impressed by any mechanical process.
When any debenture or security issued under this Act is payable to two or more persons jointly, and either or any of them dies, then, notwithstanding anything in section 45 of the Contract Act, 1872, the debenture or security shall be payable to the survivor or survivors of such persons:
Provided that nothing in this section shall affect any claim by the representative of a deceased person against such survivor or survivors.
Where two or more persons are joint holders of any debenture or security issued under this Act, any one of such persons may give an effectual receipt for any interest or dividend payable in respect of such debenture or security, unless notice to the contrary has been given to the Kartripakkha by any other of such persons.
All payments due from the Kartripakkha for interest on, or the repayment of, loans, shall be made in priority to all other payments due from the Kartripakkha.
Every loan taken by the Kartripakkha under section 104 shall be repaid within the period approved by the Government under that section, and, subject to the provisions of sub-section (2) of section 139, by such of the following methods as may be so approved, namely:-
(1) Whenever the Government have approved the repayment of a loan from a sinking fund, the Kartripakkha shall establish such a fund and shall pay into it in every year, until the loan is repaid, a sum so calculated that, if regularly paid throughout the period approved by the Government under section 104, it would, with accumulations in the way of compound interest, be sufficient, after payment of all expenses, to pay off the loan at the end of that period.
(2) The rate of interest, on the basis of which the sum referred to in sub-section (1) shall be calculated, shall be such as may be prescribed by the Government.
Notwithstanding anything contained in section 113, if at any time the sum standing at the credit of the sinking fund established for the repayment of any loan, is of such amount that, if allowed to accumulate at the rate of interest prescribed under sub-section (2) of that section, it will be sufficient to repay the loan at the end of the period approved by the Government under section 104, then, with the permission of the Government, further annual payments into such funds may be discontinued.
(1) All money paid into any sinking fund shall, as soon as possible, be invested, under the orders of the Kartripakkha, in-
in the joint names of the Secretary to the Government 58in the Ministry or Division dealing with Finance and the Comptroller and Auditor-General of Bangladesh, hereinafter referred to as the Auditor-General, to be held by them as Trustees for the purpose of repaying from time to time the debentures issued by the Kartripakkha.
(2) All dividends and other sums received in respect of any such investment shall, as soon as possible after receipt, be paid into the appropriate sinking fund and invested in the manner prescribed in sub-section (1).
(3) Any investment made under this section may from time to time, subject to the provisions of sub-section (1), be varied or transposed.
The aforesaid Trustees may from time to time apply any sinking fund, or any part thereof, in or towards the discharge of the loan or any part of the loan for which such fund was established; and until such loan is wholly discharged shall not apply the same for any other purpose.
(1) The aforesaid Trustees shall, at the end of every financial year, transmit to the Chairman of a statement showing-
(2) Every such statement shall be laid before the Kartripakkha and published by notification.
(1) The said sinking funds shall be subject to annual examination by the 59Auditor-General, who shall ascertain whether the cash and the current value of the securities at credit of such funds are actually equal to the amount which would have accumulated, had investments been regularly made and had the rate of interest as originally estimated been obtained therefrom.
The 60Auditor-General may take into consideration any excess accumulation in any one sinking fund towards any deficiency in any other sinking fund.
(2) The Kartripakkha shall forthwith pay into any sinking fund any amount which the 61Auditor-General may certify to be deficient, unless the Government specially sanction a gradual readjustment.
(1) If the Kartripakkha fail-
the 62Auditor-General shall make such payment or set aside and invest such sum as ought to have been invested under the said section 115, as the case may be; and the 63Mayor of the Corporation or Chairman of the Paurashava shall forthwith pay from the 64the Corporation or Paurashava Fund to the Auditor-General a sum equivalent to the sum so paid or invested by him; and the Government may attach the rents and other income of the Kartripakkha.
(2) Whenever the 65Mayor of the Corporation or Chairman of the Paurashava has made any payment to the 66Auditor-General under sub-section (1), the Government shall reimburse the Corporation or Paurashava out of the rents and income attached under sub-section (1) and if such rents and income prove insufficient for the purpose, may, 67direct the Corporation or Paurashava to increase the tax on the annual value of buildings and lands leviable by them to such extent as may be necessary for the purposes of making up the deficiency.
All moneys paid by the 69Mayor of the Corporation or Chairman of the Paurashava under sub-section (1) of section 119 and not reimbursed by the Government under sub-section (2) of that section and all moneys payable under sub-section (1) of section 119 and levied under section 120 shall constitute a charge upon the property of the Kartripakkha.
(1) The Chairman shall, at a special meeting to be held in the month of May in each year, lay before the Kartripakkha an estimate of the income and expenditure of the Kartripakkha for the next ensuing financial year.
(2) Every such estimate shall make provision for the due fulfilment of all the liabilities of the Kartripakkha and for the efficient administration of this Act.
(3) Every such estimate shall differentiate capital and revenue funds, and shall be prepared in such form, and shall contain such details, as the Government or the Kartripakkha may from time to time direct.
(4) Every such estimate shall be completed and printed, and a copy thereof sent, by post or otherwise, to each 70member, at least ten clear days before the date of meeting at which the estimate is to be laid before the Kartripakkha.
The Kartripakkha shall consider every estimate so laid before them, and shall sanction the same, either without alteration or with such alteration as they may think fit.
(1) Every such estimate as sanctioned by the Kartripakkha, shall be submitted to the Government who may at any time within two months after receipt of the same-
(2) If any estimate is so returned to the Kartripakkha, they shall forthwith proceed to amend it, and shall resubmit the estimate, as amended, to the Government who may then approve it.
A copy of every such estimate shall, when approved by the Government, be sent by the Kartripakkha to the 72Mayor of the Corporation or Chairman of the Paurashava.
[Special provision as to the first estimate of the constitution of the Board.- Omitted by section 37 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).]
(1) The Kartripakkha may, at any time during the financial year for which any estimate has been sanctioned, cause a supplementary estimate to be prepared and laid before them at a special meeting.
(2) The provisions of sub-sections (3) and (4) of section 122, and sections 123 to 125 shall apply to every supplementary estimate.
(1) No sum shall be expended by or on behalf of the Kartripakkha unless the expenditure of the same is covered by a current budget grant or can be met by reappropriation or by drawing on the closing balance.
(2) The closing balance shall not be reduced below one lakh of taka without the previous sanction of the Government.
(3) The following items shall be excepted from the provisions of sub-sections (1) and (2), namely,-
(4) Whenever any sum exceeding five thousand taka is expended under clause (e) of sub-section (3) or whenever any sum is expended under clause (f) of that sub-section, the Chairman shall forthwith report the circumstances to the Government, and shall at the same time explain how the Kartripakkha propose to cover the expenditure.
(1) All moneys at the credit of the Kartripakkha shall be kept in the 74Bangladesh Bank.
(2) All moneys payable to the Kartripakkha shall be received by the Chairman, and shall forthwith be paid into the aforesaid Bank to the credit of any account which shall be styled “The Account of the 75Rajdhani Unnayan Kartripakkha”.
(1) Surplus moneys at the credit of the said account may from time to time be-
(2) All such deposits and investments shall be made by the Chairman on behalf of, and with the sanction of, the Kartripakkha; and with like sanction, the Chairman may at any time withdraw any deposit so made or dispose of any securities, and re-deposit or re-invest the money so withdrawn or the proceeds of the disposal of such securities.
(1) No payment shall be made by the 78Bangladesh Bank out of the account referred to in section 129 except upon a cheque.
(2) Payment of any sum due by the Kartripakkha exceeding one hundred taka in amount shall be made by means of a cheque and not in any other way.
Provided that the Chairman may, with the approval of the Kartripakkha, empower any member to sign the cheques in his place if the amount of cheque does not exceed one lac Taka.
Before 80a person to the Kartripakkha signs a cheque under section 132, he must satisfy himself that the sum for which such cheque is drawn either is required for a purpose or work specifically sanctioned by the Kartripakkha or is an item of one of the excepted descriptions specified in section 128, sub-section (3).
(1) The expression “cost of management”, as used in the following sections in this Chapter, means-
81(a) the salary and other remuneration of the Chairman and other members;(2) [Omitted by section 43 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).]
(1) The Kartripakkha shall keep a capital account and a revenue account.
(2) The capital account shall show separately all expenditure incurred by the Kartripakkha on each improvement scheme and each re-housing scheme.
There shall be credited to the capital account-
The moneys credited to the capital account shall be held by the Kartripakkha in trust, and shall be applied to-
There shall be credited to the revenue account-
(1) The moneys credited to the revenue account shall be held by the Kartripakkha in trust, and shall be applied to-
(2) The surplus (if any) remaining after making the payments referred to in sub-section (1) shall, subject to the maintenance of a closing balance as required by sub-section (2) of section 128, and except as provided in section 141 and unless the Government otherwise directs, be invested, in the manner prescribed in section 115, towards the service of any loans outstanding after the expiry of sixty years from the commencement of this Act.
If, at any time after any surplus referred to in sub-section (2) of section 139 has been invested, the Government is satisfied that the investment is not needed for the service of any loan referred to in that sub-section, it may direct the sale of the securities held under the investment.
(1) Notwithstanding anything contained in section 139, the Kartripakkha may advance any sum standing at the credit of the revenue account for the purpose of meeting capital expenditure.
(2) Every advance shall be refunded to the revenue account as soon as may be practicable.
(1) Any deficit in the revenue account at the end of any financial year may be made good by an advance from the capital account.
(2) Every such advance shall be refunded to the capital account in the following financial year.
The Kartripakkha shall submit to the Government at the end of such half of every financial year, an abstract of the accounts of their receipts and expenditure.
The accounts of the Kartripakkha shall, once in every financial year, be examined and audited by such auditor as the Government may appoint in this behalf.
The auditor so appointed may,-
The Kartripakkha shall pay to the said auditor such remuneration as the Government may direct.
The said auditor shall-
It shall be the duty of the Kartripakkha forthwith to remedy any defects or irregularities that may be pointed out by the auditor.
The Chairman shall cause the report mentioned in clause (c) of section 147 to be printed and shall forward a printed copy thereof to each 88member, and shall bring such report before the Kartripakkha for consideration at their next meeting.
As soon as practicable after the receipt of the said report, the Kartripakkha shall prepare an abstract of the accounts to which it relates, and shall publish such abstract by notification, and shall send a copy of the abstract to 89Mayor of the Corporation or Chairman of the Paurashava and to Government.
In addition to the power conferred by section 102, the Government may make rules-
90 *(3) for prescribing the form of the abstracts of accounts referred to in sections 143 and 150.
(1) In addition to the power conferred by section 33, the Kartripakkha may from time to time make 92regulations (not inconsistent with any rules made by the Government) for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, the Kartripakkha may make 93regulations-
94 *(3) In making any 95regulation under sub-section (1) or sub-section (2), the Kartripakkha may provide that a breach of it shall be punishable-
The power to make 98regulations under section 33, or section 152 is subject to the conditions of the 99regulations being made after previous publication, and to the following further conditions, namely:-
No 104regulation made under section 33 or section 152 shall have any validity unless and until it is sanctioned, with or without modification, by the Government.
When any rule has been made under section 102 or section 151 and when any rule 106or regulation has been made under section 33 or section 152 and duly sanctioned, it shall be published by the Government by notification, and such publication shall be conclusive proof that the rule 107or regulation has been duly made.
[Printing and sale of copies of rules.- Omitted by section 52 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).]
[Exhibition of copies of rules.- Omitted by section 52 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).]
The Government may at any time, by notification, cancel any 109regulation made by the Kartripakkha under section 152.
The Kartripakkha shall be liable to pay such contribution for the leave allowance and pension of any servant of the Government employed as 111Chairman or other member or as an employee of the Katripakkha, by the conditions of his service under the Government to be paid by him or on his behalf.
[Power to extend the Bengal Municipal Act, 1932, to areas to which provisions of this Act have been extended.- Omitted by section 33 of the Town Improvement (Amendment) Ordinance, 1963 (East Pakistan Ordinance No. VI of 1963).]
(1) Before finally publishing any notification under sub-section (2) of section 1, the Government shall publish a draft of the same in the official Gazette.
(2) Any tax-payer or inhabitant of the area affected by such draft, may, if he objects to the draft, submit his objection in writing to the Government within six weeks from its publication, and the Government shall take such objection into consideration.
With a view to facilitating the movement of the population in and around the City or Municipality, the Kartripakkha may from time to time,-
(1) subject to any conditions they may think fit to impose,-
(2) either singly or in combination, with any other person, construct, maintain and work any means of locomotion, under the provisions of any law applicable thereto, or
(3) construct, or widen, strengthen or otherwise improve, bridges:
Provided that no guarantee or subsidy shall be made under clause (1), and no means of locomotion shall be constructed, maintained or worked under clause (2), without the sanction of the Government.
Nothing in this Act shall be deemed to affect the provisions of the Telegraph Act, 1885, or the Railways Act, 1890.
Notwithstanding anything contained in the Code of Criminal Procedure, 1898, all offences against this Act or any 112rule or regulation made hereunder shall be cognizable by a Magistrate of the first class; and no such Magistrate shall be deemed to be incapable of taking cognizance of any such offence by reason only of being liable to pay any duty imposed by this Act or of his being benefited by the funds to the credit of which any fine imposed by him will be payable.
No person shall be liable to punishment for any offence against this Act or any 113rule or regulation made hereunder unless complaint of such offence is made before a Magistrate of the first class within three months next after the commission of such offence.
The Chairman may, subject to the control of the Kartripakkha,-
No suit shall be maintainable against the Kartripakkha, or any 117member, or any employee of the Kartripakkha, or any person acting under the direction of the Kartripakkha or of the Chairman or of any employee of the Kartripakkha, in respect of anything lawfully and in good faith and with due care and attention done under this Act or any 118rule or regulation made hereunder.
No suit shall be instituted against the Kartripakkha, or any 119member, or any employee of the Kartripakkha, or any person acting under the direction of the Kartripakkha or of the Chairman or of any employee of the Kartripakkha, in respect of any act purporting to be done under this Act or any 120rule or regulation made hereunder, until the expiration of one month next after written notice has been delivered or left at the Kartripakkha's office or the place of abode of such employee or person, stating the cause of action, the name and place of abode of the intending plaintiff, and the relief which he claims; and the plaint must contain a statement that such notice has been so delivered or left.
(1) The 121Police Commissioner and Superintendent of Police and their subordinates shall be bound to co-operate with the Chairman for carrying into effect and enforcing the provisions of this Act.
(2) It shall be the duty of every Police Officer who is subordinate to the The 122Police Commissioner and Superintendent of Police-
(1) Every Police Officer shall arrest any person who commits, within his view, any offence against this Act or any 125rule or regulation made hereunder, if the name and address of such person be unknown to him, and if such person, on demand declines to give his name and address, or gives a name or address which such officer has reason to belive to be false.
(2) No person so arrested shall be detained in custody after his true name and address are ascertained, or without the order of a Magistrate, for any longer time, not exceeding at the most twenty-four hours from the arrest, than is necessary for bringing him before a Magistrate.
(3) On the written application of the Chairman, any Police Officer above the rank of constable shall arrest any person who obstructs any employee of the Kartripakkha in the exercise of any of the powers conferred by this Act or any 126rule or regulation made hereunder.
Whenever, under this Act or any 127rule or regulation made hereunder, the doing or the omitting to do anything or the validity of anything depends upon the approval, sanction, consent, concurrence, declaration, opinion or satisfaction of-
a written document, signed, in case (a) by the Chairman, and in case (b) by the said employee, purporting to convey or set forth such approval, sanction, consent, concurrence, declaration, opinion or satisfaction, shall be sufficient evidence of such approval, sanction, consent, concurrence, declaration, opinion or satisfaction.
[Validation of Acts and Proceedings.- Omitted by section 60 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).]
In any case not otherwise expressly provided for in this Act, the Kartripakkha may pay reasonable compensation to any person who sustains damage by reason of the exercise of any of the powers vested, by this Act or any 128rule or regulation made or scheme sanctioned hereunder, in the Kartripakkha, or the Chairman or any employee of the Kartripakkha.
(1) If, on account of any act or omission, any person has been convicted of any offence against this Act or any 129rule or regulation made hereunder, and, by reason of the same act or omission of the said person, damage has occurred to any property of the Kartripakkha, compensation shall be paid by the said person for the said damage, notwithstanding any punishment to which he may have been sentenced for the said offence.
(2) The amount of compensation payable by the said person shall be determined by the Magistrate while convicting him of the said offence.
(3) If the amount of any compensation due under this section be not paid, the same shall be recovered under a warrant from the said Magistrate as if it were a fine inflicted by him on the person liable therefor.
Every public notice given under this Act or any 130rule or regulation made hereunder shall be in writing over the signature of the Chairman, and shall be widely made known in the locality to be affected thereby, by affixing copies thereof in conspicuous public places within the said locality, by publishing the same by beat of drum, by advertisement in local newspapers, and by any other means that the Chairman may think fit.
Whenever it is provided by this Act or any 131rule or regulation made hereunder that notice shall be given by advertisement in local newspapers, or that a notification or any information shall be published in local newspapers, such notice, notification or information shall be inserted, if practicable, in at least one English newspaper and one Vernacular newspaper.
Every notice or bill, which is required by this Act or by any 132rule or regulation made hereunder to bear the signature of the Chairman or of any other 133member or of any employee of the Kartripakkha, shall be deemed to be properly signed if it bears a fascimile of the signature of the Chairman or of such other 134member or of such employee, as the case may be, stamped thereupon.
When any notice, bill or other document is required by this Act or any 135rule or regulation made hereunder to be served upon or issued or presented to any person, such service, issue or presentation shall be effected-
The Kartripakkha may-
(1) The Chairman or any person either generally or specially authorised by the Chairman in this behalf may, with or without assistants or workmen, enter into or upon any land, in order-
whenever it is necessary to do so for any of the purposes of this Act or any 136rule or regulation made or scheme sanctioned hereunder or any scheme which the Kartripakkha intend to frame hereunder:
Provided as follows:-
(2) Wherever the Chairman or a person authorised under sub-section (1) enters into or upon any land in pursuance of that sub-section, he shall at the time of such entry pay or tender payment for all necessary damage to be done as aforesaid; and, in case of dispute as to the sufficieny of the amount so paid or tendered, he shall at once refer the dispute to the Kartripakkha, whose decision shall be final.
If any 137member, or any employee of the Kartripakkha, knowingly acquires, directly or indirectly, by himself or by any partner, employer or employee, otherwise than as such 138member or employee, any share or interest in any contract or employment with, by or on behalf of, the Kartripakkha, 139 , he shall be deemed to have committed the offence made punishable by section 168 of the 140 Penal Code.
If any person, without lawful authority,-
he shall be punishable with fine which may extend to 141five hundred taka.
If any person, without the permission of the Chairman required by sub-section (1) of section 72, erects, re-erects, or adds to any wall (exceeding ten feet in height) or building which falls within the street alignment or building line of a projected public street shown in any plan sanctioned by the Government under the said section, he shall be punishable-
If the owner for the time being of any wall or building in respect of which an agreement has been executed as provided in sub-section (2) of section 72 fails-
he shall be punishable-
Whoever uses any land, included in a zone plan, in contravention of section 74, shall be punishable-
(1) The Court, convicting any person under section 185 or section 186, shall order the removal of the unauthorised construction, if any, by such person within a time to be fixed by the Court.
(2) If such person fails to remove the unauthorised construction within the time fixed, it shall be lawful for the Kartripakkha] to cause such construction to be removed, and the cost of such removal shall be recoverable from that person as a public demand.
If any person fails to comply with any requisition made under section 145, he shall be punishable-
If any person-
he shall be punishable with fine which may extend to 156two thousand taka, or with imprisonment for a term which may extend to two months.
When a written notice issued under sub-section (2) of section 72 for the removal of a wall or building, or any portion thereof, is not complied with by the owner thereof for the time being as provided in section 185, the Chairman may proceed to remove such wall, building or portion; and the expenses incurred in effecting such removal shall be recoverable by sale of the materials or other things removed.
(1) Whenever the Government considers that any payment required by section 103, or any portion of any such payment, is not required for the purposes of this Act, it may, by notification,-
(2) If at any time the Government considers that any payment, or any portion thereof, which has been suspended or abolished under sub-section (1) is required for the purposes of this Act, it may, by notification, cancel, such suspension or abolition wholly or in part, as it may think fit, from a date to be specified in the notification.
[Supersession of the Board .- Omitted by section 70 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).]
[Ultimate dissolution of Board and transfer of their assets and liabilities to the Municipality.- Omitted by section 70 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).]
Any sum due to the Kartripakkha under any provision of this Act or under any contract or deed of sale, lease or agreement, shall be recoverable as an arrear of land revenue under the 160 * Public Demands Recovery Act, 1913.