An Ordinance to provide for the development, improvement and expansion of the [city] of Khulna and certain areas in its vicinity and the constitution of an Authority therefore. WHEREAS it is expedient to make provision for the development, improvement and expansion of the [city] of Khulna and certain areas in its 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 rehousing of persons displaced by the execution of improvement schemes, and otherwise as hereinafter appearing; AND WHEREAS it is expedient that an Authority should be constituted and invested with special powers for carrying out the objects aforesaid; NOW, THEREFORE, in pursuance of the Presidential Proclamation of the seventh day of October, 1958, and having received the previous instructions of the President, the Governor is pleased, in exercise of all powers enabling him in that behalf, to make and promulgate the following Ordinance, namely:-
(1) This Ordinance may be called the Khulna Development Authority Ordinance, 1961.
(2) It extends to the areas comprised within the limits of the 1Khulna City Corporation; but the Government may, by notification, extend the Ordinance or any provision thereof to such other areas in the vicinity of the said 2Corporation 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 Ordinance unless there is anything repugnant in the subject or context,-
(1) The Government may, by notification, establish an Authority to be known as the Khulna Development Authority for carrying out the purpose of this Ordinance.
(2) The Authority shall be a body corporate, shall be entitled to acquire and hold property, shall have perpetual succession and common seal, and shall by the said name sue and be sued.
(1) The Authority shall consist of-
Provided that if at any time 9the Corporation is superseded under section 145 of the Khulna City Corporation Ordinance, 1984 (Ord. No. LXXII of 1984), the seats allotted to it under clauses (c) and (h) of this sub-section shall be deemed to have fallen vacant, and such vacancies shall be filled by the Government by appointment, by notification, and the persons so appointed shall hold office until the re-constitution of the 10Corporation under the provisions of the said Ordinance:
Provided further that at least two of the persons so appointed shall be tax-payers of the 11Corporation.
(2) The term of office of the Chairman shall be not more than five years and that of a Member except ex-officio Members three years, at a time:
Provided that the Government may by notification in the official Gazette remove the Chairman or a Member at any time during the term of his Office.
(2A) [Omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973) which was inserted by section 2 of the Khulna Development Authority (Amendment) Act, 1964 (East Pakistan Act No. VIII of 1964).]
(3) Any person ceasing to be the Chairman or Member by reason of the expiry of the term of his office may be reappointed for another term or for such shorter period as the Government may decide.
(4) The Chairman may be either a whole-time or a part-time officer.
(1) The Chairman shall receive such monthly salary and allowances as may be fixed by the Government and be subject to such conditions of service as may be prescribed and shall perform such duties as are assigned to him under this Ordinance or rules made under it.
(2) Every Member shall be entitled to receive such fee or allowance for attending the meetings of the Authority, as may be prescribed.
The Chairman or any Member may at any time resign, provided that his resignation shall not take effect until accepted by the Government.
(1) A person shall be disqualified for being appointed Chairman or Member of the Authority; if he-
(2) No person shall be disqualified as aforesaid, or be deemed to have any share or interest in such contract or employment as aforesaid, by reason only of having a share or interest in-
or by reason only of his having a share or interest, otherwise han as director, secretary, manager or other salaried officer, in any incorporated company which has any share or interest in any contract or employment with, by, or on behalf of, the Authority.
If the Chairman or any Member is granted leave or any one of them dies, resigns, or is removed from office, the Government may appoint a Chairman, or Member, as the case may be, for the period of absence or remainder of the term, as the case may be.
(1) The Authority shall meet at such time and place and in such manner, as may be prescribed:
Provided that until rules are made in this behalf such meetings shall be convened by the Chairman.
(2) The Chairman, or in his absence, a Member authorised by the Chairman, and two other Members shall be present to constitute a quorum at a meeting of the Authority.
(1) The Authority may associate with itself any person whose assistance or advice it may desire in carrying out any of the provisions of the Ordinance or rules thereunder.
(2) Any person associated with itself by the Authority for any purpose shall have a right to take part in the discussions of the Authority but shall exercise no vote. An associate Member may be given such fee or allowance, as may be prescribed.
No act done or proceeding taken under this Ordinance shall be questioned on the ground merely of -
The Authority may enter into and perform all such contracts as they may consider necessary or expedient for carrying out any of the purposes of this Ordinance.
Provided that a contract involving expenditure exceeding Taka five lakhs shall not be made by the Chairman without the previous sanction of the Authority.
(2) Every estimate for expenditure of a sum for carrying out the purposes of this Ordinance, all specifications of work and of the material or goods to be supplied and the conditions of the contract shall be approved,-
(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 Authority shall be entered into in such manner and forms as would bind the Chairman if such contract were made on his own behalf, except that the common seal of the Authority 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 Authority shall remain in the custody of the Secretary to the Authority and shall not be affixed to any contract or other instrument except in the presence of a Member (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 Member 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 Authority.
(2) The time to be stipulated in the notice for submission of a tender under sub-section (1) shall be,-
(3) A tender submitted under sub-section (1) may be accepted by the Chairman but, in a case where the expenditure involved in the work to be executed or the material or goods to be supplied exceeds Taka five lakhs, the tender shall not be accepted by him without the prior approval of the Authority.
(4) The provisions of this section shall not be construed as requiring the acceptance by the Chairman or approval by the Authority of a tender; and the Chairman, where necessary with the approval of the Authority, may-
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 proceedings of each meeting of the Authority, within ten days from the date on which the minutes of the proceedings of such meeting were signed.
(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 Authority for consideration at any meeting.
(3) The Government may require the Chairman to furnish it with-
(4) The Government at any time, cause an investigation to be made by an officer appointed in this behalf into the affairs of the Authority.
Provided that no post the maximum pay of which, excluding technical pay, if any, is above Taka 1,250 per month shall be created or filled up by the Authority except with the prior approval of the Government:
Provided further that the creation of any post shall be subject to specific provision being made in the approved budget in that behalf.
[Appointment, punishment and appeal.- Omitted by section 5 of the Khulna Development Authority (Amendment) Ordinance, 1976 (Ordinance No. LXVIII of 1976).]
The Authority may, by general or special order, delegate to Chairman, a Member or an Officer of the Authority, any of its powers, duties or functions under this Ordinance subject to such conditions as it may think fit to impose.
(1) The Chairman, Members, Officers and other employees of the Authority shall, when acting or purporting to act in pursuance of any of the provisions of this Ordinance, be deemed to be public servants within the meaning of section 21 of the 16 * Penal Code, 1860.
(2) No suit, prosecution or other legal proceedings shall lie against the Authority, the Chairman, Members or Officers and other employees of the Authority in respect of anything done or intended to be done, in good faith, under this Ordinance.
(1) The Authority shall, as soon as feasible, but not more than two years after the provisions of this Ordinance comes into force, prepare and submit to the Government for approval a Master Plan for the 17Corporation and the areas in its vicinity 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 18city, 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 date of receipt of the Master Plan from the Authority, publish the same in the official Gazette.
(4) Any person objecting to the Plan or part thereof shall file objection with the Government within thirty days from the date of the publication of the Master Plan.
(5) The Government after considering the objections that may be filed, shall approve the Master Plan within three months from the date of publication under sub section (3), either with or without modification.
(1) When the Government approves the Master Plan submitted under section 22 it shall announce the fact by notification and the publication of such noti¬fication 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 purpose other than that laid down in the Master Plan, unless he has been permitted to do so under section 24.
(2) The Authority 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 conformity 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 published in the official Gazette under sub section (1) or sub section (2), as the case may be.
(1) If any person desires to use any land for any purpose other than that laid down in the Master Plan approved under section 23, 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 Authority against such refusal.
(3) The decision of the Authority on any appeal under sub-section (2) shall be final.
(4) No compensation shall be payable to any person owing to the restricted use to which his land may be put under section 23.
After publication of the Master Plan, the Chairman or any Officer of the Authority, from such date as the Government may, by notification, declare, shall be deemed to be the only authorised officer, within the meaning of clause (a) of section 2 of the 19 * Building Construction Act, 1952, which Act shall be deemed to be modified to that extent, so far as it relates to the area within the jurisdiction of the Authority.
The Authority may, by notification, declare any area included in the Master Plan to be a controlled area for the purpose of this Ordinance, and may issue in respect of such area such directions as it considers fit and appropriate, and may do all things as may be necessary for the prevention or correction of substandard or haphazard growth of colonies, and buildings and operations in such area.
(1) The Authority may, after giving due notice in writing to the persons affected thereby and after giving such persons an opportunity of being heard, declare any area included in the Master Plan to be a use area.
(2) If within two years after such declaration has been made the area or any part thereof remains, in the opinion of the Authority, unreasonably unutilised, then upon such determination such area or part thereof shall be valued by the Authority and, after such valuation, shall be taxed by the Authority annually at the rate of three per cent of the value thereof until such time as an improvement satisfactory to the Authority shall have been completed.
(3) The tax revenues accruing under this section shall belong to, and may be utilised for the general purposes of, the Authority.
(1) After publication of the Master Plan under sub section (3) of section 22, the Authority shall prepare, and submit to the Government Five Year Programmes of development and improvement of the areas covered by the Master Plan, on the basis of the said Plan, listing the schemes of development and improvement, including works of water supply and sewerage in their approximate order of execution and with approximate cost of each.
(2) The Government shall, within six months of its submission, either approve or disapprove the Programme referred to in sub section (1), or approve it with such additions or modifications as, in consultation with the Authority, it deems fit to make.
(1) After approval of the Programmes by the Government, with or without any modification, the Authority shall prepare and submit to the Government specific schemes on the basis of the Programme, including any other scheme or schemes which the Government may direct the Authority to prepare, and all such schemes shall contain plans for the proposed development, including those for housing, if any, with estimates of cost and proposed methods of financing. Any such scheme involving ejectment of persons should also indicate the manner of resettlement or re housing of affected persons:
Provided that the Authority may, without need for further approval by the Government, under intimation to the Government, undertake execution of any scheme already approved by it in the Programmes, the total estimated cost of which does not exceed taka one lakh and specific provision for which exists in the annual estimate for income and expenditure of the Authority:
Provided further that the Authority may, with the prior approval of the Government, take up for execution schemes of urgent public importance even before the preparation of the Master Plan under section 22 and of the development programme based thereon under this section.
(2) The Government may sanction, with or without any modification, or may refuse to sanction, or may return for reconsideration, any specific scheme submitted to it under sub-section (1), or may call for such further details or information about the scheme, or may direct such further examination of the scheme, as it may consider necessary.
(3) A scheme framed and sanctioned under this Ordinance may be amended or modified by the Authority at any time but if a material change is made in the scheme, previous sanction of the Government shall be obtained.
Explanation.- An increase in the cost of the scheme by more than ten per cent of the sanctioned cost shall be deemed to be a material change for the purpose of this section.
An improvement or development scheme may provide for all or any of the following matters, namely:-
Whenever it appears to the Authority that it is expedient in the interests of the public and for the proper planning of the area included in any improvement or development scheme¬-
the Authority 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 33.
The Authority may frame schemes (hereinafter called the 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 are displaced or likely to be displaced by the execution of any improvement or development scheme sanction under this Ordinance.
(1) When any improvement or development scheme or re housing scheme has been framed, for any area within the 20Corporation, the Authority shall prepare a notice, stating-
(2) The Authority 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.
The 23Mayor of the Corporation to whom a copy of the notice has been sent under clause (ii) of sub-section (2) of section 33 shall, within a period of thirty days from the receipt of the said copy, forward to the Authority any representation which the 24Corporation may think fit to make with regard to the scheme.
As soon as possible after the publication of a notice under section 33, 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 25Mayor of the Corporation, with a request to furnish-
(1) After the expiry of the periods respectively prescribed under clause (i) of sub section (2) of section 33 and by section 34 in respect of any improvement scheme or re housing scheme, the Authority shall consider any objection, representation and statement of dissent received thereunder and after hearing all persons making any such objection, representation or dissent who may desire to be heard, the Authority may either abandon the scheme or apply to the Government for sanction to the scheme with such modification (if any), as the Authority 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 36; but in either case, it shall communicate its decision to the Authority within four months from the date of receipt of the scheme from the Authority.
(1) Whenever the Government sanctions an improvement scheme or re housing scheme, it shall announce the fact by notification and the Authority 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.
Any number of areas in respect of which improve¬ment, development 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 Authority 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¬-
is within the area of any improvement or development scheme or re-housing scheme and is required for the purpose of such scheme, the Authority shall give notice accordingly to the 32Mayor of the Corporation or to the Chairman of the Zilla Parishad or of the Union Parishad, as the case may be, and such building, street, square, other land or part, shall thereupon vest in the Authority.
(2) Where any street or square, or any part thereof vests in the Authority under sub section (1) no compensation shall be payable by the Authority to the 33Corporation, the Zilla or the Union Parishad, in respect of such street, square or part.
(3) Where any land, not being a street or square, vests in the Authority under sub section (1) compensation in respect of such land shall not be payable by the Authority except to the 34Zilla or the Union Parishad as the case may be.
(4) Where any building vests in the Authority under sub section (1), compensation for such building shall be payable by the Authority to the 35Corporation, the Zilla or the 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).
Whenever the Authority are satisfied-
the Authority shall pass a resolution to that effect and shall call upon the 38Corporation to take over such street as and from the date fixed by such resolution for the purpose.
(1) After the provisions of this Ordinance are brought into force under sub section (3) of section 1, the Government may, upon such terms and conditions as may be laid down, transfer to the Authority any scheme sanctioned or undertaken by the Government or by any local authority and may also place at the disposal of the Authority any properties, movable, or immovable connected with or ancillary or appurtenant to any such scheme and any scheme so transferred shall be deemed to be a scheme sanctioned by the Government.
(2) It shall be lawful for the Authority to execute and maintain all works and carry out all unfinished works and operations required for the execution of any scheme transferred under sub section (1).
(3) The Government may, upon such terms and conditions as may be laid down, place at the disposal of the Authority any property or fund held by the Government, or any local authority or any other body, or permit the Authority to levy and retain duties which, immediately before establishment of the Authority, were leviable by the Government, local authority or local body, and thereupon the Authority shall hold such property or fund and levy such duties in accordance with such terms and conditions.
The Authority 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 Ordinance or any rule made or scheme sanctioned hereunder or any scheme which the Authority intend to frame hereunder:
Provided as follows:
(2) Whenever 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 sufficiency of the amount so paid or tendered, he shall at once refer the dispute to the Authority whose decision shall be final.
(1) There shall be a fund to be known as the “Khulna Development Authority Fund” (hereinafter referred to as the Fund) vested in the Authority which shall be utilised by the Authority to meet charges in connection with its functions under this Ordinance including the payment of salaries and other remuneration to the Chairman, Members and Officers and of the other employees of the Authority.
(2) The said Fund shall consist of-
(1) The 43Corporation shall pay from the 44Corporation Fund to the Authority on the first day of each quarter, so long as the Authority continues to exist, a sum equivalent to one half per cent per quarter on the annual value determined under the 45Khulna City Corporation Ordinance, 1984 (Ord. No. LXXII of 1984), as it stood on the first day of the last preceding quarter:
Provided that if this Ordinance is directed to come into force during a quarter, the amount of the first of such payments shall bear such proportion to the sum payable hereunder as the unexpired portion of that quarter bears to the whole quarter.
(2) The payments prescribed by sub section (1) shall be made in priority to all other payments due from the 46Corporation.
The Authority 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-
The Authority shall be deemed to be a local Authority under the Local Authorities Loans Act, 1914, for the purpose of borrowing money under the said Act, and the making and execution of any scheme under this Ordinance shall be deemed to be a work which such Authority is legally authorised to carry out.
When any sum of money has been borrowed under section 48 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.
The liability of the Government to the creditors of the Authority shall be limited to the extent of grants made by the Government and the loan raised by the Authority with the sanction of the Government.
All payments due from the Authority for interest on, or the repayment of loans, shall be made in priority to all other payments due from the Authority.
(3) On its receipt the budget estimate will be examined by the Government who shall approve it with or without modification and communicate its approval to the Authority before the commencement of the next financial year.
(1) The Authority shall, before three months of the expiry of the financial year, submit to the Government for approval, a statement of estimated receipts and expenditure in respect of the next financial year:
Provided that the first estimate of receipts and expenditure of the Authority shall be prepared as soon as may be expedient after the establishment of the Authority.
(2) Every estimate prepared under sub section (1) shall differentiate capital and revenue funds and shall be prepared in such form and shall contain such details as the Government may, from time to time, direct.
The Authority may, at any time during the financial year for which an estimate has been sanctioned, cause supplementary estimate to be prepared and submitted to the Government.
(1) No sums shall be expended by or on behalf of the Authority 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 such sums as may be fixed by the Government in this behalf, 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 Authority propose to cover the expenditure.
(1) All moneys at the credit of the Authority shall be kept in the 47Bangladesh Bank, or any other Bank approved by the Government in this behalf.
(2) All moneys payable to the Authority 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 Khulna Development Authority”.
(1) No payment shall be made by the Bank out of the account referred to in section 56 except upon a cheque.
(2) Payment of any sum due by the Authority exceeding one hundred taka in amount shall be made by means of a cheque and not in any other manner.
All cheques referred to in section 57 must be signed by the Chairman and the Secretary of the Authority, or in absence of either the Chairman or the Secretary, by the Secretary or Chairman, and a Member.
The Authority shall maintain complete and accurate¬ books of accounts in such forms as may be prescribed. There shall be kept a capital account and a revenue account. The capital account shall show separately all expenditure incurred by the Authority on each im¬provement, Development and Re housing Scheme.
There shall be credited to the capital account-
The moneys credited to the capital account shall be held by the Authority in trust, and shall be applied to-
There shall be credited to the revenue account-
The moneys credited to the revenue account shall be held by the Authority in trust, and shall be applied to-
Explanation. The expression “cost of management” means-
Explanation. “Office expenses” means expenses incurred for carrying on office work, and includes the rent of offices, the provision of furniture therefore, the charges for printing and stationery and any other incidental expenses necessary for the efficient working of an office.
(1) Notwithstanding anything contained in section 63, the Authority may advance any sum standing at the credit of the revenue account for the purpose of meeting capital expenditure.
(2) Every such 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 Authority shall submit to the Government at the end of each half of every financial year, an abstract of the accounts of their receipts and expenditures.
(1) The Authority shall submit to the Government, as soon as possible but within three months after the end of every financial year, a report on the conduct of its affairs for that year.
(2) The Government may require the Authority to furnish-
and the Authority shall comply with every such requisition.
The Authority shall have power to realise its dues from any person under the 50 * Public Demands Recovery Act, 1913, as public demand.
The accounts of the Authority 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 Authority shall pay to the said Auditor such remuneration as the Government may direct.
The Auditor shall-
It shall be the duty of the Authority forthwith to remedy any defect or irregularity that may be pointed out by the Auditor.
The Chairman shall furnish each Member a copy of the report mentioned in clause (c) of section 72 and shall bring such report before the Authority for consideration at their next meeting.
As soon as practicable after the receipt of the said report, the Authority 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 the 51Mayor of the Corporation and to the Government.
(1) The Authority may, for carrying out the purposes of this Ordinance, acquire, by purchase, lease, exchange or otherwise, any land or interest in land and dispose of by sale, lease, exchange or otherwise, such land or any interest on such land.
(2) The acquisition of any land or interest in land for the Authority under this section, or for any scheme under this Ordinance, shall be deemed to be an acquisition for a public purpose within the meaning of the 52Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ord. No. II of 1982) and the provisions of the said Act shall apply to all such proceedings.
(3) [Omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).]
The Authority 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 Authority are authorised to acquire.
(1) In any case in which land in any area comprised in an improvement, development or re housing scheme is not required for the execution of the scheme, the owner of the land or any person having an interest therein, may make an application to the Authority, requesting that the acquisition of the land should be abandoned in consideration of the payment by him of a sum to be fixed by the Authority in that behalf. The Authority may, after consideration of such application, abandon the proceedings for the acquisition of such land and make it over to the applicant on payment by him of a sum fixed by the Authority in this behalf.
(2) The Government may prescribe the manner of disposal of application and determination of the amount of payment and mode thereof, under sub-section (1).
(3) If the Authority enters into any agreement with any owner regarding the partial acquisition of any land which it is authorised to acquire under this Ordinance, such land as is not required for the execution of the scheme may be abandoned from acquisition under sub-section (1).
(1) When by the making of any improvement, development 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 Authority, be increased in value, the Authority, in framing the scheme, may, in lieu of providing for the acquisition of 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 Authority that an improvement, development or re housing scheme is sufficiently advanced to enable the amount of the betterment fee to be determined, the Authority 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 owner of such land that the Authority propose to assess the amount of the betterment fee payable in respect of such land under section 79.
(2) The Authority 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 Authority under sub section (2) may, within thirty days from the date of such assessment, appeal to the Government whose decision shall be final.
When the amount of all betterment fees payable in respect of land in the area comprised in the scheme has been determined under section 80, the Authority 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 an interest at the rate of five per cent per annum upon any amount outstanding shall be payable from that date.
Any person liable to the payment of a betterment fee may, at his option, instead of making a payment thereof to the Authority, execute an agreement with the Authority 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 five per cent per annum, the first annual payment of such interests to be made one year from the date referred to in section 81.
(1) The Government may make rules, not inconsistent with the provisions of this Ordinance, for carrying out the purposes of this Ordinance.
(2) 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:-
The power to make rules under section 83 is subject to the condition of the rules being made after previous publication, and to the following further conditions, namely:-
Provided that the provision of clause (a) may be relaxed by the Government in case of rules under clauses (a), (b), (c), and (d) of sub section (2) of section 83.
When any rule has been made under section 83, it shall be published by the Government by notification, and such publication shall be conclusive proof that the rule has been duly made.
The Authority may, with previous approval of the Government, make regulations, not inconsistent with the provisions of this Ordinance or any rules thereunder, for carrying out the purpose of this Ordinance.
The Government may, at any time, by notification, cancel any regulation made by the Authority under section 86.
Notwithstanding anything contained in the Code of Criminal Procedure, 1898, all offences against this Ordinance or any rule 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 Ordinance 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 Ordinance or any rule 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 Authority-
No suit shall be instituted against the Authority or Chairman, or any member, or any employee of the Authority or any person acting under the direction of the Authority, or the Chairman or of any employee of the Authority in respect of any act purporting to be done under this Ordinance or any rule made hereunder, until the expiration of one month next after written notice has been delivered or left at the Authority'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.
53Where any such suit is instituted without delivering or leaving such notice as aforesaid or before the expiration of the said period of one month or where the plaint does not contain a statement that such notice has been so delivered or left, the plaintiff shall not be entitled to any cost if settlement as regards the subject matter of the suit is reached or the Authority concedes the plaintiff's claim, within the period of one month from the date of the institution of the suit:Provided that in a suit instituted without such notice, the Court shall allow not less than two months to the Authority to submit the written statement.
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 Authority in the exercise of any of the powers conferred by this Ordinance or any rule made hereunder.
Whenever, under this Ordinance or any rule made hereunder, the doing or the committing 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.
In any case not otherwise expressly provided for in this Ordinance, the Authority may pay reasonable compensation to any person who sustain damage by reason of the exercise of any of the powers vested, by this Ordinance or any rule made or scheme sanctioned hereunder, in the Authority or the Chairman or any employee of the Authority.
(1) If, on account of any act or omission, any person has been convicted of any offence against this Ordinance or any rule made hereunder, and, by reason of the same act or omission of the said person, damage has occurred to any property of the Authority, 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 therefore.
If the Chairman, any Member, or any employee of the Authority knowingly acquire, directly or indirectly, by himself or by any partner, employer or employee, otherwise than as such Chairman, Member or employee, any share or interest in any contract or employment with, by or on behalf of, the Authority, not being a share or interest such as, under sub section (2) of section 7, he shall be deemed to have committed the offence made punishable by section 168 of the 54 * Penal Code, 1860.
If any person, without lawful authority-
If the owner for the time being of any wall or building in respect of which an agreement has been executed in this behalf with the Authority fails¬-
Whoever uses any land, included in a Master Plan, in contravention of section 23, shall be punishable¬
(1) The Court, convicting any person under section 98 or section 99 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 Authority 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 70 he shall be punishable-
If any person¬-
If, in the opinion of the Government, the Authority have shown their incompetence to perform or have persistently made default in the performance of the duties imposed on them by or under this Ordinance or have exceeded or abused their powers, the Government may, by an order published in the official Gazette, supersede them for a period specified in the order:
Provided that the Government before six months of such order of supersession shall give notice to the Authority to show cause why such action shall not be taken and also to provide them an opportunity to take remedial measures:
Provided further that except in case of misappropriation of Authority funds or persistent default in the performance of duties by the Authority the Government shall not ordinarily exercise powers under this section.
(1) When all schemes sanctioned under this Ordinance have been executed, or have been so far executed as to render the continued existence of the Authority in the opinion of the Government unnecessary, the Government may, by notification, declare that the Authority shall be dissolved from such date as may be specified in this behalf in such notification; and the Authority shall be deemed to be dissolved accordingly.
(2) On and from the said date-