THE TOWN IMPROVEMENT ACT, 1953 (EAST BENGAL ACT), CHAPTER III, PART 1

CHAPTER III

IMPROVEMENT SCHEMES AND RE-HOUSING SCHEMES

When improvement scheme may be framed38. Whenever it appears to the Kartripakkha, whether upon an official representation made under section 43 or without such a representation,-

(a) that any buildings in any area which are used or are intended to be used as dwelling places, are unfit for human habitation, or

(b) that danger to the health of the inhabitants of buildings in any area, or in the neighbouring buildings, is caused by-

(i) the narrowness, closeness and bad arrangement and condition of streets or buildings or groups of buildings in such area, or

(ii) the want of light, air, ventilation or proper conveniences in such area, or

(iii) any other sanitary defects in such area, or

(c) that for the purpose of-

(i) providing building sites, or

(ii) developing and improving any area, or

(iii) remedying defective ventilation, or

(iv) creating new, or improving existing, means of communication and facilities for traffic, or

(v) affording better facilities for conservancy,

it is expedient to lay out new streets or to alter existing streets (including bridges, culverts and cause-ways), or

(d) that it is necessary to provide in any area, parks, open spaces, playgrounds or similar amenities, or

(e) that it is expedient and for the public advantage to provide-

(i) housing accommodation, or

(ii) buildings for public use and convenience, or

(iii) an adequate water-supply, or

(iv) a drainage, and sewerage scheme,

 

 

the Kartripakkha may pass a resolution to that effect and may then proceed to frame an improvement scheme.

Matters to be considered when framing improvement schemes39. When framing an improvement scheme in respect of any area, regard shall be had to-

(a) the nature and conditions of neighbouring areas and of the Dacca City as a whole;

(b) the several directions in which the expansion of the Dacca City appears likely to take place; and

(c) the likelihood of improvement schemes being required for other parts of the Dacca City.

Matters to be provided for improvement schemes40. An improvement scheme may provide for all or any of the following matters, namely:-

(a) the acquisition by the Kartripakkha of any land, in the area comprised in the scheme, which will, in their opinion, be required for the execution of the scheme or be affected by the execution of the scheme;

(b) the laying out or re-laying out of the land in the said area;

(c) such demolition, alteration or reconstruction of buildings situated on land which it is proposed to acquire in the said area, as the Kartripakkha may think necessary;

(d) the construction of any buildings which the Kartripakkha may consider it necessary to erect for any purpose other than sale;

(e) the laying out or alteration of streets (including bridges, cause-ways and culverts);

(f) the levelling, paving, metalling, flagging, channelling, sewering and draining of the said streets and the provisions therein of water, lighting and other sanitary conveniences ordinarily provided in a City or Municipality;

(g) the raising, lowering or levelling of any land in the area comprised in the scheme;

(h) the formation, retention or enlargement of open spaces;

(i) the augmentation of the present water-supply, or any other scheme for the improvement of the water-supply;

(j) the making of a drainage and sewerage scheme including outfall works; and

(k) any other matters consistent with this Act which the Kartripakkha may think fit.

Discontinuance of use of land and alteration or removal of building, etc.41. 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-

(a) that any use of land should be discontinued, or that any conditions should be imposed on the continuance thereof; or

(b) that any building or works or factory should be altered or removed,

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.

Re-housing of persons displaced by improvement schemes42. 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-

(a) are displaced by the execution of any improvement scheme sanctioned under this Act; or

(b) are likely to be displaced by the execution of any improvement scheme which it is intended to frame, or to submit to the Government for sanction under this Act.

Authority for making an official representation for a general improvement schemes43. (1) An official representation referred to in section 38 may be made by the Corporation or Paurashava-

(a) of its own motion; or

(b) on a written complaint by the Health Officer of the Corporation or Paurashava; or

(c) in respect of any area comprised in a municipal ward- on a written complaint signed by twenty-five or more residents of such ward who are liable to pay any tax assessed upon the annual value of buildings and, lands leviable under the 24[Paurashava Ordinance, 1977 (XXVI of 1977)].

(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.

Consideration of official representations44. (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-

(a) if it considers that the Kartripakkha ought, under all the circumstances, to have passed a decision within the period mentioned in sub-section (3), shall direct the Kartripakkha to pass a decision within such further period as the Government may think reasonable, or

(b) if it considers that it is, under all the circumstances expedient that an improvement scheme should forthwith be framed, shall direct the Kartripakkha to proceed forthwith to frame an improvement scheme.

(5) The Kartripakkha shall comply with every direction given by the Government under sub-section (4).

Preparation, publication and transmission of notice as to improvement schemes and supply of documents to applicants45. (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-

(a) the fact that the scheme has been framed,

(b) the boundaries of the area comprised in the scheme, and

(c) the place at which particulars of the scheme, a map of the area comprised in the scheme, and a statement of the land which it is proposed to acquire and of the land in regard to which it is proposed to recover a betterment fee, may be seen at reasonable hours.

(2) The Kartripakkha shall-

(i) cause the said notice to be published weekly for three consecutive weeks in the official Gazette and in local newspapers, with a statement of the period within which objections will be received, and

(ii) send a copy of the notice to the 25[Mayor of the Corporation or Chairman of the Paurashava].

(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.

Transmission to Kartripakkha of representation by Corporation or Paurashava46. The 26[Mayor 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.

Furnishing list of persons and copy of, or extract from, assessment list47. 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 27[Mayor 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-

(i) a list of the names and addresses of the persons whose lands are likely to be acquired for, or affected by, the execution of the scheme, and

(ii) a copy of or extract from the municipal assessment list,

within fourteen days of the receipt of such request and on payment of prescribed fee.

Service of notice as to proposed acquisition of land or recovery of betterment fee48. (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-

(a) every person whose name appears in the municipal assessment list or in the list referred to in item (i) of section 47, and

(b) the occupier (who need not be named) of each premises entered in the municipal assessment list which the Kartripakkha proposes to acquire in executing the scheme.

(2) Such notice shall-

(a) state that the Kartripakkha propose to acquire the land referred to in section 47 or to recover a betterment fee for the purpose of carrying out an improvement scheme or a re-housing scheme, and

(b) require such person, if he dissents from such acquisition or from the recovery of such betterment fee, to state his reasons in writing within a period of thirty days from the service of the notice.

(3) Every such notice shall be signed by or by the order of the Chairman.

Abandonment of improvement scheme, or application to Government to sanction it49. (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-

(a) a description of, and full particulars relating to, the scheme, and complete plans and estimates of the cost of executing the scheme;

(b) a statement of the reasons for any modifications made in the scheme as originally framed;

(c) a statement of objections (if any), received under section 45;

(d) any representation received under section 46;

(e) a list of the names of all persons (if any) who have dissented, under clause (b) of sub-section (2) of section 48 from the proposed acquisition of their land or from the proposed recovery of a betterment fee and a statement of the reasons given for such dissent; and

(f) a statement of the arrangements made or proposed by the Kartripakkha for the re-housing of persons of the poorer and working classes who are likely to be displaced by the execution of the scheme.

Power to sanction or reject improvement scheme50. 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.

Notification of sanction to improvement scheme51. (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.

Savings28[51A. (1) When any improvement or re-housing scheme or re-building scheme has been framed for execution in any area outside the City or Municipality, the provisions of sections 45 to 51 shall not apply.

Sanction to improvement scheme of Taka 5 Lakhs or more outside the 29[City or Municipal] limit(2) Any improvement or re-housing scheme or re-building scheme proposed to be executed in an area outside 30[City 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 31[City 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 32[City or Municipal] area shall be conclusive evidence that the scheme has been duly framed and sanctioned.

Savings51B. 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.

Improvement scheme of less than Taka 5 lakhs either within or outside the City or Municipality51C. (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 33[City 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 34[City or Municipal] area shall be conclusive evidence that the scheme has been duly framed.]

Alteration of improvement scheme after sanction52. 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:-

(a) if any alteration is estimated to increase the estimated net cost of executing a scheme by more than five per cent of such cost, such alteration shall not be made without the previous sanction of the Government;

(b) if any alteration involves the acquisition, otherwise than by agreement, of any land the acquisition of which has not been sanctioned by the Government, the procedure prescribed in the foregoing sections of this Chapter shall, so far as applicable, be followed, as if the alteration were a separate scheme;

(c) if owing to the changes made, in the course of a scheme, any land not previously liable under the scheme to the payment of a betterment fee, becomes liable to such payment, the provisions of sections 45, 48 and 49 shall, so far as they are applicable, be followed in any such case.

Combination of improvement scheme53. 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.

Width of streets54. No street laid out or altered by the Kartripakkha shall be of less width than-

(a) forty feet, if the street be intended for vehicular traffic, or

(b) twenty feet, if the street be intended for pedestrian traffic only;

Provided as follows:-

(i) the width of an existing street need not be increased to the minimum required by this section, if the Kartripakkha consider it impracticable to do so; and

(ii) nothing in this section shall be deemed to prevent the Kartripakkha from laying out service passages for sanitary purposes of any width less than twenty feet.

Transfer to Kartripakkha, for purposes of improvement scheme, of building or land vested in a Corporation or Paurashava, Zilla Parishad, Upazila Parishad or Union Parishad55. (1) Whenever any building, or any street, square or other land, or any part thereof, which-

(a) is situated in the City or Municipality and is vested in the Corporation or Paurashava, or

(b) is situated in any area outside the City or Municipality, in which this Act is, for the time being, in force, and is vested in a 35[Zilla Parishad, Upazila Parishad or Union Parishad], is within the area of any improvement scheme or re-housing scheme or is required for the purpose of such scheme, the Kartripakkha shall give notice accordingly to the 36[Mayor of the Corporation or Chairman of the Paurashava, Zilla Parishad, Upazila Parishad or Union Parishad], as the case may be, and such building, street, square, other land or part shall thereupon vest in the Kartripakkha.

(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 37[Zilla 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 38[Zilla 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 39[Zilla Parishad, Upazila Parishad or Union Parishad], as the case may be.

(5) If any question or dispute arises-

(a) whether compensation is payable under any of the sub-sections (3) and (4), or

(b) as to the amount of the compensation paid or proposed to be paid under sub-section (3) or sub-section (4), or

(c) whether any building or street, or square or other land, or any part thereof is required for the purposes of the scheme,

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).

Transfer of private street or square to Kartripakkha for purposes of improvement scheme56.(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 40[Zilla 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-

(i) shall forthwith provide some other reasonable means of access for the use of persons who were entitled to use such street, square or part as a means of access to any property or place, and

(ii) if the provision of such means of access does not sufficiently compensate any such owner or resident for such damage or inconvenience, shall also pay him reasonable compensation in money.

Provision of drain or water-work to replace another situated on land vested in the Kartripakkha under section 55 or section 5657. (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 41[Zilla 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.

Corporation or Paurashava 42[Zilla Parishad, Upazila Parishad or Union Parishad] not responsible for cleaning street etc., vested in the Kartripakkha58. (1) The Corporation or Paurashava or the 43[Zilla 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)].

Repair and watering of streets vested in the Kartripakkha59. Whenever the Kartripakkha allow any street vested in them to be used for public traffic,-

(a) they shall, as far as practicable, keep the street in good repair and do all things necessary for the safety and convenience of persons using it, and

(b) they shall cause the street to be watered, if they consider it necessary to do so for the public convenience.

Guarding and lighting when streets vested in the Kartripakkha is opened or broken up or when street is under construction and speedy completion of work60. 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.

Prevention or restriction of traffic in street vested in the Kartripakkha during progress of work61. (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.

Provision of facilities and payment of compensation, when work is executed by Kartripakkha in public street vested in them62. (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-

(a) the passage or diversion of traffic;

(b) securing access to all premises approached from such street; and

(c) any drainage, water-supply or means of lighting which is interrupted by reason of execution of the work.

(2) The Kartripakkha shall pay reasonable compensation to any person who sustains special damage by reason of the execution of any such work.

Power of Kartripakkha to turn or close public street or square vested in them63. (1) The Kartripakkha may-

(a) turn, divert, discontinue the public use of, or permanently close, any public street vested in them, or any part thereof, or

(b) discontinue the public use of, or permanently close any public square vested in them, or any part thereof.

(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-

(a) who was entitled, otherwise than as a mere licensee, to use such square or part as a means of access, or

(b) whose immovable property was ventilated by such square or part,

and who has suffered damage,-

(i) in case (a), from such discontinuance or closing, or

(ii) in case (b), from the use to which the Kartripakkha have put such square or part.

(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.

Reference of disputes to Tribunal64. (1) If any question or dispute arises-

(a) between the Kartripakkha and the previous owner of any street or square or part thereof which was vested in the Kartripakkha under section 56 and has been altered or closed by them, as to the sufficiency of the compensation paid or proposed to be paid under sub-section (3) of that section, or

(b) between the Kartripakkha and any person who was entitled, otherwise than as a mere licensee, to use as a means of access any street or square or part thereof which has been vested in the Kartripakkha under section 56,-

(i) as to whether the alteration or closing of such street, square or part causes damage or substantial inconvenience to owners of property adjacent thereto or to residents in the neighbourhood, or

(ii) as to whether the other means of access provided or proposed to be provided under sub-section (4) of the said section 56 are reasonably sufficient, or

(iii) as to the sufficiency of any compensation paid or proposed to be paid under the said sub-section (4), or

(c) between the Kartripakkha and any person, as to the sufficiency of any compensation paid or proposed to be paid to him under section 62, section 63 or section 72,

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).]

Taking over of laid out or altered streets by Corporation or Paurashava65. Whenever the Kartripakkha are satisfied-

(a) that any street laid out or altered by the Kartripakkha has been duly levelled, paved, metalled, flagged, channelled, sewered and drained in the manner provided in the plans sanctioned by the Government under section 50,

(b) that such lamps, lamp-posts and other apparatus for the lighting of such street as ought to be provided by the Kartripakkha, have been so provided, and

(c) that water and other sanitary conveniences ordinarily provided in a City or Municipality have been duly provided in such street,

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.

Vesting in Corporation or Paurashava of streets laid out or altered, and open spaces provided by the Kartripakkha under an improvement scheme66. (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.

 

Application of sections 65 and 66 to areas outside the City or Municipality67. 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.

Power of Kartripakkha to retain service passages68. 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.

Plans for public streets or open spaces69. (1) The Kartripakkha may, from time to time in regard to any are-

(a) within the City or Municipality, or

(b) in the neighbourhood of the City or Municipality to which the Act extends,

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-

(a) the fact that such a plan has been made;

(b) particulars of the land (shown in such plan)-

(i) through which the proposed public street will pass, and

(ii) out of which the open space is formed;

(c) the place at which the said plan and particulars may be seen at reasonable hours; and

(d) the period (which shall be not less than sixty days) within which objections to the said plan may be submitted to the Kartripakkha.

(3) The Kartripakkha shall-

(i) cause the said notice to be published weekly for two consecutive weeks in the official Gazette and in local newspapers, and in such other manner as the Kartripakkha may direct;

(ii) forward a copy of the said notice by registered post to any person who, according to the records of the Corporation or Paurashava or Survey and Settlement records, appears to have an interest in any land or building which is likely to be affected in anyway by the proposed public street or open space;

(iii) forward a copy of the said notice and of the plan to which it relates to the 45[Mayor of the Corporation or Chairman of the Paurashava,] and, if any area in the neighbourhood of the City or Municipality is included in such plan, to the Chairman of the 46[Zilla Parishad, Upazila Parishad or Union Parishad] concerned; and

(iv) cause copies of the said notice and plan to be delivered to any applicant on payment of such fee as may be prescribed by rule made under section 152.

Consideration of objection to plans for public streets or open spaces70. (1) After the expiry of the period prescribed in clause (d) of sub-section (2) of section 69, the Kartripakkha shall consider-

(a) all objections in writing received from any person affected by the proposed public street or open space contemplated by such plan, and

(b) any representation in regard to such street or open space made to the Kartripakkha by any of the authorities mentioned in clause (iii) of sub-section (3) of section 69;

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).

Notification of sanctioned plan of public street71. 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-

(a) such street or open space has been declared, under section 66, to be a public street or open space, or

(b) the said notification has been cancelled:

Provided that such cancellation shall not affect the validity of any action taken by the Kartripakkha in pursuance of the said notification.

Erection of wall or building within a street alignment or building line72. (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,-

(a) a porch or balcony, or

(b) along not more than one-third of the frontage, an out-house not exceeding fifteen feet in height.

(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 –

(a) deciding (at any time after an improvement scheme has been sanctioned under section 50 for an area within which such building or wall is situated) that the said wall or building, or any portion thereof, ought to be removed, and

(b) calling upon the owner for the time being, by written notice, to remove the same within a time (not being less than sixty days from the date of the service of the notice) to be specified in the said notice.

(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-

(i) within the street alignment, or

(ii) between the street alignment and the building line of a projected public street, or

(iii) within the area of a projected open space,

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-

(a) to pay him compensation for any damage sustained by him in consequence of such refusal, or

(b) to acquire so much of his land as falls within the street alignment, or between the street alignment and the building line, or within the open space, as the case may be;

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.

Preparation of Master Plan by the Kartripakkha73. (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.

Publication of Master Plan74. (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.

Permission for use of land contrary to the Master plan75. (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 payable for restricted use of land76. 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.

Plans for erection of buildings under Ordinance XXVI of 1977 and Act LVI of 1974 to be submitted to the Chairman for sanction77. (1) All plans for the erection of buildings approved under the provisions of the 47[Paurashava 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.]