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The Agricultural and Sanitary Improvement Act, 1920

( ACT NO. VI OF 1920 )

APPLICATION FOR CONSTRUCTION OF WORKS AND PROCEDURE THEREON

Procedure by the Collector on receipt of application for the undertaking of a work
3. Whenever an application is received by the Collector from a local authority, or local authorities, or any person, or persons, recommending the undertaking of any work for the improvement, or for the prevention of the deterioration, of the agricultural or sanitary condition of any area, or if the Collector is himself of opinion that the undertaking of any such work is necessary, he shall cause such inquiries as he may deem necessary to be made and shall thereafter consult the local authority or local authorities concerned:
 
 
Provided that if after such inquires, the Collector is satisfied that the proposed work will constitute a minor scheme which is mainly agricultural in character, reference to any local authority shall not be necessary but may be made if the Collector deems it desirable.
Order after inquiry
4.(1) On completion of the necessary inquiries and after consultation, when necessary, with the local authority or local authorities, the Collector shall-
 
 
(a) if he considers that the proposed work should not be done, pass an order to that effect; or
 
 
(b) if he considers that the work proposed or modified should be done, take action as hereinafter provided.
 
 
(2) An appeal shall lie to the Commissioner against every order by the Collector under clause (a) of sub-section (1) within thirty days of such order; and the decision of the Commissioner thereon shall be final.
Engineer to prepare Scheme
5.(1) Whenever it has been decided under section 4 to proceed with any work, the Collector shall direct the Engineer to prepare a scheme.
 
 
(2) When the Engineer has prepared any such scheme, he shall forward it to the Collector, who may, subject to such rules as may be prescribed in this behalf, make such modifications therein as he may deem necessary.
Publication of scheme
6. As soon as possible after the receipt of the scheme, the Collector shall publish a notice in the prescribed manner calling for objections or suggestions thereon by any local authorities, or person interested, within such time as may be prescribed.
Procedure in the case of minor schemes
7. In the case of minor schemes, the Collector shall, as soon as possible after the expiry of the period fixed by the notice published under section 6, proceed in the prescribed manner to consider any objections or suggestions received in regard to the scheme.
Power of Collector to reject or accept, scheme
8.(1) The collector may-
 
 
(a) reject the scheme referred to in section 7, or
 
 
(b) subject to such rules as may be prescribed in this behalf, accept it with such modifications as he may deem necessary, and shall determine, in the prescribed manner, the method in which, and the conditions, subject to which, the cost of the work shall be financed and distributed.
 
 
(2) An appeal shall lie to the Commissioner against every order by the Collector under sub-section (1) within thirty days of such order; and the decision of the Commissioner thereon shall be final.
Procedure in the case of major schemes Appointment of committee
9. In the case of major schemes, the Collector shall, as soon as possible after the receipt of the scheme, in addition to the publication required by section 6, refer it to the Commissioner, and the Commissioner shall forthwith appoint a committee, to be constituted in the prescribed manner, with the Collector as Chairman, representing the local authorities and the landowning, cultivating and other interests of the area to which the scheme relates.
Committee to consider major schemes
10.(1) On the expiry of the period fixed by the notice published under section 6, the committee shall proceed in the prescribed manner to consider any objections or suggestions in regard to the scheme received by the Collector, and may either accept the scheme with such modifications as it may deem necessary, or reject it.
 
 
(2) Whenever a scheme has been accepted by the committee, it shall frame proposals, in the prescribed manner, regarding the method in which, and the conditions subject which, the cost of the work shall be financed and distributed.
 
 
(3) An appeal shall lie to the Government against every order by the committee under sub-section (1) or (2), within sixty days of such order.
 
 
(4) It shall be in the discretion of the Government, in the case of any scheme rejected by the committee under sub-section (1), of their own motion, to cancel or modify such order, and in such case the committee shall be required to frame proposals for financing and distributing the cost of the work as sanctioned by the Government, in the manner set out in sub section (2).
Committee to forward scheme to Government for consideration
11. When proceedings under section 10 have been completed, the committee shall forward the scheme through the Commissioner to the Government, together with its proposals for financing and distributing the cost thereof.
Order by the Government on the scheme
12. The Government shall consider the scheme and proposals of the committee, together with any appeals which may have been received under section 10, sub-section (3), and may reject them or accept them, with such modifications as they may consider necessary, and the order of the Government thereon shall be final.
Engineer to execute scheme
13.(1) As soon as possible after a scheme has been accepted under section 8, or section 12, the Collector shall direct the Engineer to execute the work.
 
 
(2) [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).]
Compulsory acquisition of land needed for purposes of this Act
14. The Government may, at the request of the Collector, acquire, under the provisions of the Land Acquisition Act, 1894, any land required for the purpose of this Act.
 
 
"Land" in this section has the same meaning as in clause (a) of section 3 of the Land Acquisition Act, 1894.
Advance of, or security for, cost of work
15.(1) [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).]
 
 
(2) The cost of the work, or any portion thereof may be advanced by the Government, or by any local authority, or any person, or security for such cost to the satisfaction of the Collector may given by the local authority or person concerned.
 
 
(3) Notwithstanding anything contained in the Basic Democracies Order, 1959, it shall be lawful for a 1[Zilla Board] to make any payment referred to in sub-section (2) from the district fund.
Power to enter into or upon, land forming part of a local area
16. The Engineer, or any other person duly authorized to prepare a scheme, or to execute any work under this Act may himself, or by his agents and workmen, enter into or upon any land forming part of the local area, and carry out such work thereon as may be required.

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Ministry of Law, Justice and Parliamentary Affairs