The Chittagong Development Authority Ordinance, 1959 (East Pakistan Ordinance)

( Ordinance NO. LI Of 1959 )

এই অধ্যাদেশ চট্টগ্রাম উন্নয়ন কর্তৃপক্ষ আইন, ২০১৮ (২০১৮ সনের ৩১ নং আইন) দ্বারা রহিত করা হইয়াছে।

♣An Ordinance to provide for the development, improvement and expansion of the [city] of Chittagong and certain areas in its vicinity and the constitution of an Authority therefore.

 
 
 
WHEREAS it is expedient to make provision for the development, improvement and expansion of the [city] of Chittagong and certain areas in its 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 an Authority should be constituted and invested with special powers for carrying out the objects aforesaid;
 
 
 
 
NOW, THEREFORE, in pursuance of the Presidential Proclamation of the 7th October, 1958, and in exercise of all other powers enabling him in that behalf, the Governor of East Pakistan is pleased to make and promulgate the following Ordinance, namely:-
 
 
 

CONTENTS

SECTIONS

1. Short title, extent and commencement

2. Definitions

3. Establishment of the Authority

4. Chairman, Members, Terms

5. Remuneration and condition of service of Chairman and Members

6. Resignation of Chairman, Member

7. Removal of Chairman or Member

8. Filling of casual vacancies

Conduct of Business

9. Meetings of the Authority

10. Temporary Association of Members

11. Indemnity

12. Power to make and perform contracts

13. Making of contracts

14. Further provisions as to execution of contracts, and provisions as to seal of authority

15. Tenders

16. Security for performance of contract

17. Supply of documents and information to the Government

18. Appointment of officers, etc.

19. [Omitted.]

20. Delegation of powers to Chairman, etc.

21. Immunity of the Authority and its employees

Master Plan

22. Preparation of Master Plan by the Authority

23. Publication of Master Plan

24. Permission for use of land contrary to the Master Plan

25. Authorised Officer

26. Controlled Area

27. Declaration of use area and location thereof

Outline Programme and Improvement Schemes

28. Preparation of Development Programmes

29. Preparation and submission of specific schemes to Government

30. Matters to be provided for in improvement scheme

31. Discontinuance of use of land and alteration or removal of building

32. Re-housing of persons displaced by improvement schemes

33.Preparation, publication and transmission of notice as to improvement scheme and supply of documents to applicants

34. Transmission to Board of representation by Corporation

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

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

36A. Power to sanction or reject improvement scheme

36B. Notification of sanction to improvement scheme

37. Combination of improvement scheme

38. Width of streets

39. Transfer to authority for purposes of improvement scheme of building or land vested in a [Corporation, etc.]

40. Taking over of laid out or altered streets by Corporation

41. Transfer of any scheme or property of Government or local authority to the Authority

Survey

42.Power to make survey or contribute towards their cost

Power of Entry

43.Power of Entry

44. Chittagong Development Fund

45.Contribution from [Corporation Fund]

Loans

46. Power of Authority to borrow money

47. Authority to be deemed to be a local Authority

48. Application of money borrowed

49. Limited liability

50. Priority of payments for interest and repayment of loans

Budget Estimate

51. Estimate of income and expenditure

52. Supplementary estimate

53. Adherence to estimate and maintenance of closing balance

54. Receipt of money and deposit in Bank

55. Payment by cheques

56. Signature of cheques

Accounts

57. Management of accounts

58. Credit to capital account

59. Application of capital account

60. Credit to revenue account

61. Application of revenue account

62. Advances from revenue account to capital account

63. Advances from capital account to revenue account

64. Submission of abstract of accounts

65. Submission of yearly reports and returns

66. Recovery of dues of Authority

67. Annual audit of accounts

68. Power of Auditors

69. Remuneration of Auditor

70. Auditor’s report

71. Authority to remedy defects

72. Auditor’s report to be sent to each Member

73. Publication and transmission of an abstract of the accounts

Land Acquisition

74. Acquisition and disposal of land

75. Acquisition by agreement

76. Abandonment of acquisition

Betterment Fee

77. Payment of betterment fee

78. Assessment of betterment fee by Authority

79. Authority to give notice to persons liable to payment of betterment fee

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

81. Power to make rules

82. Conditions precedent to making of rules

83. Publication of rules

84. Power to Authority to make regulations

85. Government power to cancel regulation

86. [Omitted.]

87. Publication of notification

Legal Proceedings

88. Cognizance of offences

89. Limitation of time for prosecution

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

91. Notice of suit against Authority, etc.

92. Arrest of offenders

Evidence

93.Proof, consent, etc. of authority or Chairman or employee of Authority

Compensation

94.General power of Authority to pay compensation

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

96. Punishment for acquiring share or interest in contract, etc., with the Authority

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

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

99. Penalty for use of land in Master Plan in contravention of section 23

100. Removal of unauthorised construction

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

102. Penalty for obstructing contractor or removing mark

103. Powers of the Government to supersede the Authority

Dissolution of Authority

104.Ultimate dissolution of Authority and transfer of their assets and liabilities to the Municipal Committee