THE TOWN IMPROVEMENT ACT, 1953 (EAST BENGAL ACT), CHAPTER I

( ACT NO. XIII Of 1953 )

[ 15th May, 1953 ]

1♣ ♠An Act to provide for the development, improvement and expansion of the 2[Capital 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:-

CHAPTER I

PRELIMINARY

Short title, extent and commencement1. (1) This Act may be called the Town Improvement Act, 1953.

(2) It extends to the areas comprised within the limits of the 3[Dhaka 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 4[and Tongi Municipality] and such other area in the vicinity of 5[the 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.

Definitions2. 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;

(b) “City” means the Dhaka City;

(bb) “Corporation” means the Dhaka Municipal Corporation;]

(c) “Building Line” means a line (in the rear of a street alignment), up to which the main wall of a building abutting on a projected public street may lawfully extend;

(d) “Chairman” means the Chairman of the Kartripakkha;

7[(e) “Deputy Commissioner” includes an Additional Deputy Commissioner, and also a Upazila Nirbahi Officer or an Assistant Commissioner authorised by the Deputy Commissioner to exercise any power conferred, or to perform any duty imposed, on the Deputy Commissioner by or under this Act;]

(f) “Improvement Scheme” means any scheme under Chapter III, but does not include a re-housing scheme or a projected public street referred to in section 69;

8[(g) “Kartripakkha” means the Kartripakkha constituted under section 4;

(h) “member” means a member of the Kartripakkha;

(hh) “Municipality” means the Narayanganj Municipality or the Tongi Municipality;]

(i) “Notification” means a notification published in the official Gazette;

9[(j) “Paurashava” means Narayanganj Paurashava or Tongi Paurashava;

(jj) “prescribed” means prescribed by rules or regulations made under this Act;]

(k) “Secretary to the Kartripakkha” means the person for the time being appointed by the Kartripakkha, to discharge the functions of Secretary to the Kartripakkha;

(l) “Tribunal” means the Tribunal constituted under section 82;

10[* * *]

(n) “drain” includes a sewer, a house-drain, a drain of any other description, a tunnel, a culvert, a ditch, a channel and any other device for carrying of sullage or rainwater;

(o) “public street” means any street, road, lane, gally, alley, passage, pathway, square or court, whether a thoroughfare or not, over which the public have a right of way and includes-

(a) the access or approach to a public ferry,

(b) the roadway over any public bridge or cause-way,

(c) the footway attached to any such street, public bridge or cause-way,

(d) the passage connecting two public streets, and

(e) the drains attached to any such street, public bridge or cause-way, and, where there is no drain attached to any such street, shall be deemed to include also, unless the contrary is shown, all land up to the boundary wall, ail, hedge or pillar of the premises, if any, abutting on the street, or if a street alignment has been fixed, then up to such alignment;

(p) “street alignment” means the line dividing the land comprised in and forming part of a street from the adjoining land; and

11[(q) “Upazila Parishad” means the Upazila Parishad of a Upazila in which this Act is in force;

(r) “Union Parishad” means the Union Parishad of a Union in which this Act is in force;

(s) “Zila Parishad” means the Zila Parishad of a district in which this Act is in force.]

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