The Town Improvement Act, 1953 (East Bengal Act)

( ACT NO. XIII Of 1953 )

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

CONTENTS

SECTIONS

1. Short title, extent and commencement

2. Definitions

Constitution of the Kartripakkha

3. Establishment and incorporation of Kartripakkha

4. Kartripakkha

5. Meetings of the Kartripakkha

Conduct of Business

21. Temporary association of members with the Kartripakkha for particular purposes

22. [Omitted.]

23. [Omitted.]

24. [Omitted.]

25. [Omitted.]

26. Power to make and perform contracts

27. Execution of contracts and approval of estimates

28. Further provisions as to execution of contracts, and provision as to seal of Kartripakkha

29. Tenders

30. Security for performance of contracts

31. Supply of documents and information to the Government

Employees of the Kartripakkha

32. Statement of strength and remuneration of staff

33.Kartripakkha to make [regulations]

34. Power of creation of posts for the Kartripakkha

35. [Omitted.]

36. Controls by Chairman

37. Delegation of certain functions of Chairman

38. When improvement scheme may be framed

39. Matters to be considered when framing improvement schemes

40. Matters to be provided for improvement schemes

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

42. Re-housing of persons displaced by improvement schemes

43. Authority for making an official representation for a general improvement schemes

44. Consideration of official representations

45. Preparation, publication and transmission of notice as to improvement schemes and supply of documents to applicants

46. Transmission to Kartripakkha of representation by Corporation or Paurashava

47. Furnishing list of persons and copy of, or extract from, assessment list

48. Service of notice as to proposed acquisition of land or recovery of betterment fee

49. Abandonment of improvement scheme, or application to Government to sanction it

50. Power to sanction or reject improvement scheme

51. Notification of sanction to improvement scheme

51A. Savings

Sanction to improvement scheme of Taka 5 Lakhs or more outside the [City or Municipal] limit

51B. Savings

51C. Improvement scheme of less than Taka 5 lakhs either within or outside the City or Municipality

52. Alteration of improvement scheme after sanction

53. Combination of improvement scheme

54. Width of streets

55. Transfer to Kartripakkha, for purposes of improvement scheme, of building or land vested in a Corporation or Paurashava, Zilla Parishad, Upazila Parishad or Union Parishad

56. Transfer of private street or square to Kartripakkha for purposes of improvement scheme

57. Provision of drain or water-work to replace another situated on land vested in the Kartripakkha under section 55 or section 56

58.Corporation or Paurashava [Zilla Parishad, Upazila Parishad or Union Parishad] not responsible for cleaning street etc., vested in the Kartripakkha

59. Repair and watering of streets vested in the Kartripakkha

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

61. Prevention or restriction of traffic in street vested in the Kartripakkha during progress of work

62. Provision of facilities and payment of compensation, when work is executed by Kartripakkha in public street vested in them

63. Power of Kartripakkha to turn or close public street or square vested in them

64. Reference of disputes to Tribunal

65. Taking over of laid out or altered streets by Corporation or Paurashava

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

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

68. Power of Kartripakkha to retain service passages

69. Plans for public streets or open spaces

70. Consideration of objection to plans for public streets or open spaces

71. Notification of sanctioned plan of public street

72. Erection of wall or building within a street alignment or building line

73. Preparation of Master Plan by the Kartripakkha

74. Publication of Master Plan

75. Permission for use of land contrary to the Master plan

76.No compensation payable for restricted use of land

77.Plans for erection of buildings under Ordinance XXVI of 1977 and Act LVI of 1974 to be submitted to the Chairman for sanction

Acquisition by Agreement

78. Power to purchase or lease by agreement

Compulsory Acquisition

79. Power to acquire and dispose of land

80. [Omitted.]

81. [Omitted.]

82. [Omitted.]

83. [Omitted.]

84. [Omitted.]

85. [Omitted.]

86. [Omitted.]

87. [Omitted.]

88. [Omitted.]

89. [Omitted.]

90. [Omitted.]

91. [Omitted.]

91A. [Omitted.]

Abandonment of Acquisition

92. [Omitted.]

93. [Omitted.]

93A. [Omitted.]

93B. [Omitted.]

93C. Bar to jurisdiction of Civil Court

Betterment Fee

94. Payment of betterment fee

95. Assessment of betterment fee by Kartripakkha

96. [Omitted.]

97. Kartripakkha to give notice to persons liable to payment of betterment fee

98. Agreement to make payment of betterment fee a charge on land

99. [Omitted.]

Acquisition on fresh declaration

100. [Omitted.]

Disposal of Land

101. Power to dispose of land

102. Power to Government to make rules

Municipal Contributions

103. Contributions from Corporation or Paurashava Fund

Loans

104. Power of Kartripakkha to borrow money

105. Loans from Banks

106. Application of borrowed money

107. Form, signature, exchange, transfer and effect of debentures

108. Signature of coupons attached to debentures

109. Payments to survivors of joint payees

110. Receipt by joint holders for interest or dividend

111. Priority of payment for interest and repayment of loans

112. Repayment of loans taken under section 104

113. Establishment and maintenance of sinking funds

114. Power o discontinue payments into sinking funds

115. Investment of sinking funds

116. Application of sinking funds

117. Annual statement by Trustees

118. Annual examination of sinking funds

Enforcement of Liabilities

119. Procedure if Kartripakkha fail to make any payment or investment in respect of loans

120. Procedure if the Mayor of the Corporation or Chairman of the Paurashava fails to make any payment due to the Kartripakkha

121. Payment under section 119 to be a charge on the property of the Kartripakkha

Budget Estimates

122. Estimates of income and expenditure to be laid annually before the Kartripakkha

123. Sanction of Kartripakkha to estimates

124. Approval of Government to estimates

125.Transmission of copy of estimate to the [Mayor of the Corporation or Chairman of the Paurashava]

126. [Omitted.]

127. Supplementary estimates

128. Adherence to estimate and maintenance of closing balance

129. Receipt of moneys and deposit in Bank

130. Investment of surplus moneys

131. Payments by Cheques

132. Signing of orders under section 130 and cheques

133. Duty of Chairman and others before signing cheques

Accounts

134. Definition of “Cost of management”

135. Keeping of capital account and revenue account

136. Credits to capital account

137. Application of capital account

138. Credits to revenue account

139. Application of revenue account

140. Power to direct sale of securities

141. Advances from revenue account to capital account

142. Advances from capital account to revenue account

143. Submission of abstracts of accounts

144. Annual audit of accounts

145. Powers of auditors

146. Remuneration of auditor

147. Auditor’s report to the Kartripakkha

148. Kartripakkha to remedy defects

149.Auditor’s report to be sent to each [member]

150. Publication and transmission of an abstract of the accounts

151. Further power to Government for making rules

152.Further power to Kartripakkha for making [regulations]

153. Conditions precedent to the making of rules under section 33, or 152

154.Sanction of Government to [regulation] made under section 33 or 152

155.Publication of rule [or regulation]

156. [Omitted.]

157. [Omitted.]

158.Cancellation of [regulation] made under section 152

Status of members, etc.

159. Members, etc., deemed public servant

Contributions towards leave allowances and pensions of Government servants

160. Contributions by Kartripakkha towards leave allowances and pensions of Government servants employed under this Act

161. [Omitted.]

Publication of Notification

162. Publication of notification under section 1 (2) in draft for criticism

Facilities for movement of the Population

163. Power of the Kartripakkha for facilitating movement of the population

Telegraph and Railways Acts

164. Savings

Legal Proceedings

165. Cognizance of Offences

166. Limitation of time for prosecution

167. Powers of Chairman as to institution, etc., of legal proceedings and obtaining legal advice

168. Indemnity to Kartripakkha, etc.

169. Notice of suit against Kartripakkha, etc.

Police

170. Co-operation of the Police

171. Arrest of offenders

Evidence

172. Proof of consent, etc., of Kartripakkha or Chairman or employee of Kartripakkha

173. [Omitted.]

Compensation

174. General power of Kartripakkha to pay compensation

175. Compensation to be paid by offenders for damage caused by them

Public Notices and Advertisements

176. Publication of public notices

177. Publication of advertisements or notices in newspapers

Signature and service of notice or bills

178. Stamping signature on notices or bills

179. Service of notice how to be effected

Surveys

180. Power to make surveys, or contribute towards their cost

Power of entry

181. Power of entry

Penalties

182. Punishment for acquiring share or interest in contract, etc., with the Kartripakkha

183. Penalty for removing fence, etc., in street

184. Penalty for building within street alignment or building line

185. Penalty for failure to remove wall or building in respect of which agreement has been executed

186. Penalty for use of land in zone plan in contravention of section 74

187. Removal of unauthorised construction

188. Penalty for failure to comply with requisition made by auditor

189. Penalty for obstructing contractor or removing mark

Recovery of expenses

190.Removal of wall or building and recovery of expenses

Suspension or abolition, and re-imposition, of Municipal contributions.

191.Suspension or abolition and re-imposition of Municipal contributions

Control over, and Suspension of, the Kartripakkha

191A.Control over the Kartripakkha

191B. [Omitted]

Dissolution of Kartripakkha

192.[Omitted]

193.Dues to be recoverable under Public Demands Recovery Act, 1913

Schedule

SCHEDULE