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The Town Improvement Act, 1953 (East Bengal Act)

( ACT NO. XIII OF 1953 )

Chapter III

IMPROVEMENT SCHEMES AND RE-HOUSING SCHEMES

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
55. (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 1[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 2[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 3[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 4[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 5[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).

  • 1
    The words and comma “Zilla Parishad, Upazila Parishad or Union Parishad ” were substituted for the words “District or Union Council” by section 2 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)
  • 2
    The words and commas “Mayor of the Corporation or Chairman of the Paurashava, Zilla Parishad, Upazila Parishad or Union Parishad” were substituted for the words “Chairman of the Municipal Committee, or the District or Union Council” by section 18 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)
  • 3
    The words and comma “Zilla Parishad, Upazila Parishad or Union Parishad ” were substituted for the words “District or Union Council” by section 2 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)
  • 4
    The words and comma “Zilla Parishad, Upazila Parishad or Union Parishad ” were substituted for the words “District or Union Council” by section 2 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)
  • 5
    The words and comma “Zilla Parishad, Upazila Parishad or Union Parishad ” were substituted for the words “District or Union Council” by section 2 of the Town Improvement (Amendment) Act, 1987 (Act No. XXIX of 1987)
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