Chapter VIII
SUPPLEMENTAL PROVISIONS
Status of members, etc.
Members, etc., deemed public servant
[159. Every member or every employee of the Kartripakkha shall be deemed to be a public servant within the meaning of section 21 of the
Penal Code, 1860 (Act XLV of 1860).]
Contributions towards leave allowances and pensions of Government servants
Contributions by Kartripakkha towards leave allowances and pensions of Government servants employed under this Act
160. The Kartripakkha shall be liable to pay such contribution for the leave allowance and pension of any servant of the Government employed as [Chairman or other member or as an employee of the Katripakkha], by the conditions of his service under the Government to be paid by him or on his behalf.
[Omitted.]
161. [Power to extend the Bengal Municipal Act, 1932, to areas to which provisions of this Act have been extended.- Omitted by section 33 of the Town Improvement (Amendment) Ordinance, 1963 (East Pakistan Ordinance No. VI of 1963).]
Publication of Notification
Publication of notification under section 1 (2) in draft for criticism
162. (1) Before finally publishing any notification under sub-section (2) of section 1, the Government shall publish a draft of the same in the official Gazette.
(2) Any tax-payer or inhabitant of the area affected by such draft, may, if he objects to the draft, submit his objection in writing to the Government within six weeks from its publication, and the Government shall take such objection into consideration.
Facilities for movement of the Population
Power of the Kartripakkha for facilitating movement of the population
163. With a view to facilitating the movement of the population in and around the City or Municipality, the Kartripakkha may from time to time,-
(1) subject to any conditions they may think fit to impose,-
(a) guarantee the payment, from the funds at their disposal, of such sums as they may think fit, by way of interest on capital expended on the construction, maintenance or working of means of locomotion; or
(b) making such payments as they may think fit from the said funds, by way of subsidy to persons undertaking to provide, maintain and work means of locomotion; or
(2) either singly or in combination, with any other person, construct, maintain and work any means of locomotion, under the provisions of any law applicable thereto, or
(3) construct, or widen, strengthen or otherwise improve, bridges:
Provided that no guarantee or subsidy shall be made under clause (1), and no means of locomotion shall be constructed, maintained or worked under clause (2), without the sanction of the Government.
Telegraph and Railways Acts
Savings
Legal Proceedings
Cognizance of Offences
165. Notwithstanding anything contained in the
Code of Criminal Procedure, 1898, all offences against this Act or any [rule or regulation] made hereunder shall be cognizable by a Magistrate of the first class; and no such Magistrate shall be deemed to be incapable of taking cognizance of any such offence by reason only of being liable to pay any duty imposed by this Act or of his being benefited by the funds to the credit of which any fine imposed by him will be payable.
Limitation of time for prosecution
166. No person shall be liable to punishment for any offence against this Act or any [rule or regulation] made hereunder unless complaint of such offence is made before a Magistrate of the first class within three months next after the commission of such offence.
Powers of Chairman as to institution, etc., of legal proceedings and obtaining legal advice
167. The Chairman may, subject to the control of the Kartripakkha,-
(a) institute, defend or withdraw from, legal proceedings under this Act or any [rule or regulation] made hereunder;
(b) compound any offence against this Act or any [rule or regulation] made hereunder which, under any law for the time being in force, may lawfully be compounded;
(c) admit, compromise or withdraw any claim made under this Act or any [rule or regulation] made hereunder; and
(d) obtain such legal advice and assistance as he may from time to time think it necessary or expedient to obtain, or as he may be desired by the Kartripakkha to obtain, for any of the purposes referred to in the foregoing clauses of this section, or for securing the lawful exercise or discharge of any power or duty vested in or imposed upon the Kartripakkha or any employee of the Kartripakkha.
Indemnity to Kartripakkha, etc.
168. No suit shall be maintainable against the Kartripakkha, or any [member], or any employee of the Kartripakkha, or any person acting under the direction of the Kartripakkha or of the Chairman or of any employee of the Kartripakkha, in respect of anything lawfully and in good faith and with due care and attention done under this Act or any [rule or regulation] made hereunder.
Notice of suit against Kartripakkha, etc.
169. No suit shall be instituted against the Kartripakkha, or any [member], or any employee of the Kartripakkha, or any person acting under the direction of the Kartripakkha or of the Chairman or of any employee of the Kartripakkha, in respect of any act purporting to be done under this Act or any [rule or regulation] made hereunder, until the expiration of one month next after written notice has been delivered or left at the Kartripakkha's office or the place of abode of such employee or person, stating the cause of action, the name and place of abode of the intending plaintiff, and the relief which he claims; and the plaint must contain a statement that such notice has been so delivered or left.
Police
Co-operation of the Police
170. (1) The [Police Commissioner and Superintendent of Police and their] subordinates shall be bound to co-operate with the Chairman for carrying into effect and enforcing the provisions of this Act.
(2) It shall be the duty of every Police Officer who is subordinate to the The [Police Commissioner and Superintendent of Police]-
(i) to communicate without delay to the proper employee of the Kartripakkha any information which he receives of a design to commit or of the commission of any offence against this Act or any [rule or regulation] made hereunder, and
(ii) to assist the Chairman or any employee of the Kartripakkha reasonably demanding his aid for the lawful exercise of any power vesting in the Chairman or in such employee under this Act or any such [rule or regulation].
Arrest of offenders
171. (1) Every Police Officer shall arrest any person who commits, within his view, any offence against this Act or any [rule or regulation] made hereunder, if the name and address of such person be unknown to him, and if such person, on demand declines to give his name and address, or gives a name or address which such officer has reason to belive to be false.
(2) No person so arrested shall be detained in custody after his true name and address are ascertained, or without the order of a Magistrate, for any longer time, not exceeding at the most twenty-four hours from the arrest, than is necessary for bringing him before a Magistrate.
(3) On the written application of the Chairman, any Police Officer above the rank of constable shall arrest any person who obstructs any employee of the Kartripakkha in the exercise of any of the powers conferred by this Act or any [rule or regulation] made hereunder.
Evidence
Proof of consent, etc., of Kartripakkha or Chairman or employee of Kartripakkha
172. Whenever, under this Act or any [rule or regulation] made hereunder, the doing or the omitting to do anything or the validity of anything depends upon the approval, sanction, consent, concurrence, declaration, opinion or satisfaction of-
(a) the Kartripakkha or the Chairman, or
(b) any employee of the Kartripakkha,
a written document, signed, in case (a) by the Chairman, and in case (b) by the said employee, purporting to convey or set forth such approval, sanction, consent, concurrence, declaration, opinion or satisfaction, shall be sufficient evidence of such approval, sanction, consent, concurrence, declaration, opinion or satisfaction.
[Omitted.]
173. [Validation of Acts and Proceedings.- Omitted by section 60 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).]
Compensation
General power of Kartripakkha to pay compensation
174. In any case not otherwise expressly provided for in this Act, the Kartripakkha may pay reasonable compensation to any person who sustains damage by reason of the exercise of any of the powers vested, by this Act or any [rule or regulation] made or scheme sanctioned hereunder, in the Kartripakkha, or the Chairman or any employee of the Kartripakkha.
Compensation to be paid by offenders for damage caused by them
175. (1) If, on account of any act or omission, any person has been convicted of any offence against this Act or any [rule or regulation] made hereunder, and, by reason of the same act or omission of the said person, damage has occurred to any property of the Kartripakkha, compensation shall be paid by the said person for the said damage, notwithstanding any punishment to which he may have been sentenced for the said offence.
(2) The amount of compensation payable by the said person shall be determined by the Magistrate while convicting him of the said offence.
(3) If the amount of any compensation due under this section be not paid, the same shall be recovered under a warrant from the said Magistrate as if it were a fine inflicted by him on the person liable therefor.
Public Notices and Advertisements
Publication of public notices
176. Every public notice given under this Act or any [rule or regulation] made hereunder shall be in writing over the signature of the Chairman, and shall be widely made known in the locality to be affected thereby, by affixing copies thereof in conspicuous public places within the said locality, by publishing the same by beat of drum, by advertisement in local newspapers, and by any other means that the Chairman may think fit.
Publication of advertisements or notices in newspapers
177. Whenever it is provided by this Act or any [rule or regulation] made hereunder that notice shall be given by advertisement in local newspapers, or that a notification or any information shall be published in local newspapers, such notice, notification or information shall be inserted, if practicable, in at least one English newspaper and one Vernacular newspaper.
Signature and service of notice or bills
Stamping signature on notices or bills
178. Every notice or bill, which is required by this Act or by any [rule or regulation] made hereunder to bear the signature of the Chairman or of any other [member] or of any employee of the Kartripakkha, shall be deemed to be properly signed if it bears a fascimile of the signature of the Chairman or of such other [member] or of such employee, as the case may be, stamped thereupon.
Service of notice how to be effected
179. When any notice, bill or other document is required by this Act or any [rule or regulation] made hereunder to be served upon or issued or presented to any person, such service, issue or presentation shall be effected-
(a) by giving or tendering such document to such person; or
(b) if such person is not found, by leaving such document at his last known place of abode in areas to which this Act extends or by giving or tendering the same to some adult male member or servant of his family; or
(c) if such person does not reside in areas to which this Act extends and his address elsewhere is known to the Chairman, by forwarding such document to him by registered post under cover bearing the said address; or
(d) if none of the means aforesaid be available, by causing a copy of such document to be affixed on some conspicuous part of the land (if any) to which the document relates.
Surveys
Power to make surveys, or contribute towards their cost
180. The Kartripakkha may-
(a) cause a survey of any land to be made, whenever they consider that a survey is necessary or expedient for carrying out any of the purposes of this Act, or
(b) contribute towards the cost of any such survey made by any other local authority.
Power of entry
Power of entry
181. (1) The Chairman or any person either generally or specially authorised by the Chairman in this behalf may, with or without assistants or workmen, enter into or upon any land, in order-
(a) to make any inspection, survey, measurement, valuation or inquiry,
(b) to take levels,
(c) to dig or bore into the sub-soil,
(d) to set out boundaries and intended lines of work,
(e) to mark such levels, boundaries and lines by placing marks, and cutting trenches, or
(f) to do any other thing,
whenever it is necessary to do so for any of the purposes of this Act or any [rule or regulation] made or scheme sanctioned hereunder or any scheme which the Kartripakkha intend to frame hereunder:
Provided as follows:-
(a) no such entry shall be made between sunset and sunrise;
(b) no dwelling-house, and no public building or hut which is used as a dwelling-place, shall be so entered, unless with the consent of the occupier thereof, without giving the said occupier at least twenty-four hours' previous written notice of the intention to make such entry;
(c) sufficient notice shall in every instance be given, even when any premises may otherwise be entered without notice, to enable the inmates of any apartment appropriated to females to remove to some part of the premises where their privacy need not be disturbed;
(d) due regard shall always be had, so far as may be compatible with the exigencies of the purpose, for which the entry is made, to the social and religious usages of the occupants of the premises entered.
(2) Wherever the Chairman or a person authorised under sub-section (1) enters into or upon any land in pursuance of that sub-section, he shall at the time of such entry pay or tender payment for all necessary damage to be done as aforesaid; and, in case of dispute as to the sufficieny of the amount so paid or tendered, he shall at once refer the dispute to the Kartripakkha, whose decision shall be final.
Penalties
Punishment for acquiring share or interest in contract, etc., with the Kartripakkha
182. If any [member], or any employee of the Kartripakkha, knowingly acquires, directly or indirectly, by himself or by any partner, employer or employee, otherwise than as such [member] or employee, any share or interest in any contract or employment with, by or on behalf of, the Kartripakkha, [* * *], he shall be deemed to have committed the offence made punishable by section 168 of the [* * *] Penal Code.
Penalty for removing fence, etc., in street
183. If any person, without lawful authority,-
(a) removes any fence or shoring-timber, or removes or extinguishes any light, set up under section 60, or
(b) infringes any order given, or removes any bar, chain or post fixed, under sub-section (2) of section 61,
he shall be punishable with fine which may extend to [five hundred] taka.
Penalty for building within street alignment or building line
184. If any person, without the permission of the Chairman required by sub-section (1) of section 72, erects, re-erects, or adds to any wall (exceeding ten feet in height) or building which falls within the street alignment or building line of a projected public street shown in any plan sanctioned by the Government under the said section, he shall be punishable-
(a) with fine which may extend, in the case of a masonry building or a wall, to [five thousand] taka, and, in the case of a hut, to [five hundred] taka, and
(b) with further fine which may extend, in the case of a masonry building or a wall, to [one thousand] taka, and, in the case of a hut, to [one hundred] taka for each day after the first during which the projection continues.
Penalty for failure to remove wall or building in respect of which agreement has been executed
185. If the owner for the time being of any wall or building in respect of which an agreement has been executed as provided in sub-section (2) of section 72 fails-
(a) to remove such wall or building, or any specified portion thereof, when so required by notice issued under that sub-section , or
(b) within fifteen days from the receipt of such notice to authorise the Chairman, by permission in writing, to remove the said wall, building or portion,
he shall be punishable-
(i) with fine which may extend, in the case of a masonry wall or building, to [one thousand] taka, and, in the case of a hut, to [two hundred] taka; and
(ii) with a further fine, in the case of a masonry wall or building, to [one hundred] taka, and, in the case of a hut, to [fifty] taka, for each day after the first during which the failure continues.
Penalty for use of land in zone plan in contravention of section 74
186. Whoever uses any land, included in a zone plan, in contravention of section 74, shall be punishable-
(i) with fine which may extend to [one thousand] taka, and
(ii) with a further fine which may extend to [one hundred] taka for each day after the first during which such contravention continues.
Removal of unauthorised construction
187. (1) The Court, convicting any person under section 185 or section 186, shall order the removal of the unauthorised construction, if any, by such person within a time to be fixed by the Court.
(2) If such person fails to remove the unauthorised construction within the time fixed, it shall be lawful for the Kartripakkha] to cause such construction to be removed, and the cost of such removal shall be recoverable from that person as a public demand.
Penalty for failure to comply with requisition made by auditor
188. If any person fails to comply with any requisition made under section 145, he shall be punishable-
(a) with fine which may extend to [one thousand] taka, or
(b) in case of a continuing failure, with fine which may extend to [five hundred] taka for each day after the first during which the failure continues.
Penalty for obstructing contractor or removing mark
189. If any person-
(a) obstructs or molests any person with whom the Chairman has entered into a contract on behalf of the Kartripakkha, in the performance or execution by such person of his duty or of anything which he is empowered or required to do by virtue or in consequence of this Act or any [rule or regulation] made hereunder, or
(b) removes any mark set up for the purpose of indicating any level or direction necessary to the execution of works authorised by this Act or any [rule or regulation] made or scheme sanctioned hereunder,
he shall be punishable with fine which may extend to [two thousand] taka, or with imprisonment for a term which may extend to two months.
Recovery of expenses
Removal of wall or building and recovery of expenses
190. When a written notice issued under sub-section (2) of section 72 for the removal of a wall or building, or any portion thereof, is not complied with by the owner thereof for the time being as provided in section 185, the Chairman may proceed to remove such wall, building or portion; and the expenses incurred in effecting such removal shall be recoverable by sale of the materials or other things removed.
Control over, and Suspension of, the Kartripakkha
Control over the Kartripakkha
[191A. The Government shall exercise general control and supervision over the Kartripakkha as well as its Chairman and [other members] and may give direction to them, as may be necessary, for ensuring that their activities conform to the purpose of the Act; and the Kartripakkha, the Chairman and the [other members] shall exercise their powers and perform their functions in accordance with such direction.
[Omitted]
191B. [Supersession of the Board .- Omitted by section 70 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).]
Suspension or abolition, and re-imposition, of Municipal contributions.
Suspension or abolition and re-imposition of Municipal contributions
191. (1) Whenever the Government considers that any payment required by section 103, or any portion of any such payment, is not required for the purposes of this Act, it may, by notification,-
(a) suspend, for any specified period, the making of such payment or any specified portion thereof, or
(b) abolish such payment, or any specified portion thereof, from a date to be specified in the notification.
(2) If at any time the Government considers that any payment, or any portion thereof, which has been suspended or abolished under sub-section (1) is required for the purposes of this Act, it may, by notification, cancel, such suspension or abolition wholly or in part, as it may think fit, from a date to be specified in the notification.
Dissolution of Kartripakkha
[Omitted]
192. [Ultimate dissolution of Board and transfer of their assets and liabilities to the Municipality.- Omitted by section 70 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987).]
Dues to be recoverable under Public Demands Recovery Act, 1913
193. Any sum due to the Kartripakkha under any provision of this Act or under any contract or deed of sale, lease or agreement, shall be recoverable as an arrear of land revenue under the [* * *] Public Demands Recovery Act, 1913.
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Ministry of Law, Justice and Parliamentary Affairs