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

CHAPTER II

THE KARTRIPAKKHA

Constitution of the Kartripakkha

Establishment and incorporation of Kartripakkha3. The duty of carrying out the provisions of this Act shall, subject to the conditions and limitations hereinafter contained, be vested in a 12[Kartripakkha, 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.

Kartripakkha13[4. (1) The Kartripakkha shall consist of a Chairman and not more than five other members.

(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.

Meetings of the Kartripakkha5. (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.]

Conduct of Business

Temporary association of members with the Kartripakkha for particular purposes21. (1) The Kartripakkha may associate with themselves, in such manner and for such period as may be prescribed by 14[rules 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.

[Omitted.]22. [Constitution and functions of Committees.- Omitted by section 9 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987). ]

[Omitted.]23. [Meetings of Committees.- Omitted by section 9 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).]

[Omitted.]24. [Fees for attendance at meetings.- Omitted by section 9 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).]

[Omitted.]

  1. [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).]

Power to make and perform contracts26. 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.

Execution of contracts and approval of estimates27. (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.

Further provisions as to execution of contracts, and provision as to seal of Kartripakkha28. (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 15[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 16[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 Kartripakkha.

Tenders29. (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.

Security for performance of contracts30. The Chairman shall take sufficient security for the due performance of every contract involving an expenditure exceeding one thousand taka.

Supply of documents and information to the Government31. (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-

(a) any return, statement, estimate, statistics or other information regarding any matter under the control of the Kartripakkha, or

(b) a report on any such matter, or

(c) a copy of any document in the charge of the Chairman.

(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.

Employees of the Kartripakkha

Statement of strength and remuneration of staff32. The Kartripakkha shall, from time to time prepare, and shall maintain, a statement showing-

(a) the number, designations and grades of the employees (other than employees who are paid by the day or whose pay is charged to temporary work) whom they consider it necessary and proper to employ for the purposes of this Act,

(b) the amount and nature of the salary, fees and allowances to be paid to each such employee, and

(c) the contribution payable under section 160 in respect of each such employee.

Kartripakkha to make 19[regulations]33. The Kartripakkha shall from time to time make 20[regulations]-

(a) fixing the amount and nature of the security to be furnished by any employee of the Kartripakkha from whom it may be deemed expedient to require security;

(b) for regulating the grant of leave of absence, leave allowances and acting allowances to the employees of the Kartripakkha; and

(c) for establishing and maintaining a provident or annuity fund, for compelling all or any of the employees of the Kartripakkha (other than any servant of the Government in respect of whom a contribution is paid under section 160) to contribute to such fund, at such rates and subject to such conditions as may be prescribed by such 21[regulations], and for supplementing such contributions out of the funds of the Kartripakkha:

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.

Power of creation of posts for the Kartripakkha34. (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:

22[Provided 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.

[Omitted.]35. [Power of appointment, punishment, etc.- Omitted by section 13 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).]

Controls by Chairman36. 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.

Delegation of certain functions of Chairman37. 23[(1) The Chairman may, by general or special order in writing, delegate to any member or officer of the Kartripakkha any of the Chairman’s powers, duties or functions under this Act or any rule or regulation made thereunder except those conferred or imposed upon or vested in him by sections 27, 29 and 31.]

(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.

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