22. (1) The Authority shall, as soon as feasible, but not more than two years after the provisions of this Ordinance come into force, prepare and submit to the Government for approval a Master Plan for the Corporation and the areas in its vicinity indicating the manner in which it proposes that land should be used (whether by carrying out thereon of development or otherwise) and the stages by which any such development should be carried out. (2) The Master Plan shall include such maps and such descriptive matter as may be necessary to illustrate the proposals aforesaid with such degree of particularity as may be appropriate between different parts of the ¹[city], and any such plan may, in particular, define the sites of proposed roads, public and other buildings and works, or fields, parks, pleasure-grounds and other open spaces or allocate areas of land for use for agricultural, residential, industrial or other purposes of any class specified in the Master Plan. (3) The Government shall, within one month from the date of receipt of the Master Plan from the Authority, publish the same in the official Gazette. (4) Any person objecting to the Plan or part thereof shall file objection with the Government within thirty days from the date of the publication of the Master Plan. (5) The Government after considering the objects that may be filed, shall approve the Master Plan within three months from the date of publication under sub-section (3), either with or without modification.

23. (1) When the Government approves the Master Plan submitted under section 22 it shall announce the fact by notification and the publication of such notification shall be conclusive evidence that the Master Plan has been duly made and approved, and thereafter it shall be unlawful for any person to use any land for any purposes other than that laid down in the Master Plan, unless he has been permitted to do so under section 24. (2) The Authority may, from time to time, with the approval of the Government and the Government may, at any time, amend or alter any specific provision of the Master Plan. Any such amendment or alteration shall be published in the official Gazette. (3) All future developments and construction, both public and private, shall be in conformity with the Master Plan or with the amendment thereof. (4) The Master Plan, or an amendment thereof, shall neither before nor after it has been approved, be questioned in any legal proceedings whatsoever and shall become operative on the day it is published in the official Gazette under sub-section (1) or sub-section (2), as the case may be.

24. (1) If any person desires to use any land for any purpose other than that laid down in the Master Plan approved under section 23, he may apply in writing to the Chairman for permission so to do. (2) If the Chairman refuses permission to any person, such person may, within sixty days of the Chairman's refusal, appeal to the Authority against such refusal. (3) The decision of the Authority on any appeal under sub-section (2) shall be final. (4) No compensation shall be payable to any person owing to the restricted use to which his land may be put under section 23.

25. After publication of the Master Plan, the Chairman or any Officer of the Authority, from such date as the Government may, by notification, declare, shall be deemed to be the only authorised Officer, within the meaning of clause (a) of section 2 of the ²[* * *] Building Construction Act, 1952, which Act shall be deemed to be modified to that extent, so far as it relates to the area within the jurisdiction of the Authority.

26. The Authority may, by notification, declare any area included in the Master Plan to be a controlled area for the purpose of this Ordinance, and may issue in respect of such area such directions as it considers fit and appropriate, and may do all things as may be necessary for the prevention or correction of substandard or haphazard growth of colonies, and buildings and operations in such area.

27. (1) The Authority may, after giving due notice in writing to the persons affected thereby and after giving such persons an opportunity of being heard, declare any area included in the Master Plan to be a use area. (2) If within two years after such declaration has been made the area or any part thereof remains, in the opinion of the Authority, unreasonably unutilised, then upon such determination such area or part thereof shall be valued by the Authority and, after such valuation, shall be taxed by the Authority annually at the rate of three per cent. of the value thereof until such time as an improvement satisfactory to the Authority shall have been completed. (3) The tax revenues accruing under this section shall belong to, and may be utilised for the general purposes of, the Authority.

28. (1) After publication of the Master Plan under sub-section (3) of section 22, the Authority shall prepare, and submit to the Government Five year Programmes of development and improvement of the areas covered by the Master Plan, on the basis of the said Plan, listing the schemes of development and improvement, including works of water supply and sewerage in their approximate order of execution and with approximate cost of each. (2) The Government shall, within six months of its submission, either approve or disapprove the Programme referred to in sub-section (1), or approve it with such additions or modifications as, in consultation with the Authority, it deems fit to make.

29. (1) After approval of the Programmes by the Government, with or without any modification, the Authority shall prepare and submit to the Government specific schemes on the basis of the Programme, including any other scheme or schemes which the Government may direct the Authority to prepare, and all such schemes shall contain plans for the proposed development, including those for housing, if any, with estimates of cost and proposed methods of financing. Any such scheme involving ejectment of persons should also indicate the manner of resettlement or re-housing of affected persons: Provided that the Authority may, without need for further approval by the Government, under intimation to the Government, undertake execution of any scheme already approved by it in the Programmes, the total estimated cost of which does not exceed taka one lakh and specific provision for which exists in the annual estimate for income and expenditure of the Authority: Provided further that the Authority may, with prior approval of the Government, take up for execution schemes of urgent public importance even before the preparation of the Master Plan under section 22 and of the Development Programme prepared thereon under this section. (2) The Government may sanction, with or without any modification, or may refuse to sanction, or may return for reconsideration, any specific scheme submitted to it under sub-section (1), or may call for such further details or information about the scheme, or may direct such further examination of the scheme, as it may consider necessary. (3) A Scheme framed and sanctioned under this Ordinance may be amended or modified by the Authority at any time but if a material change is made in the scheme, previous sanction of the Government shall be obtained. Explanation.- An increase in the cost of the scheme by more than ten per cent of the sanctioned cost shall be deemed to be a material change for the purpose of this section.

30. An improvement or development scheme may provide for all or any of the following matters, namely:- (a) the acquisition by the Authority of any land, in the area comprised in the scheme, which will, in their opinion, be required for the execution of the scheme or be affected by the execution of the scheme; (b) the laying out or re-laying out of the land in the said area; (c) such demolition, alteration or reconstruction of buildings situated on land which it is proposed to acquire in the said area, as the Authority may think necessary; (d) the construction of any buildings which the Authority may consider it necessary to erect for any purpose other than sale; (e) the laying out or alteration of streets (including bridges, causeways and culverts); (f) the levelling, paving, metalling, flagging, channeling, sewering and draining of the said streets and the provision therein of water, lighting and other sanitary conveniences ordinarily provided in a Municipality; (g) the raising, lowering or levelling of any land in the area comprised in the scheme; (h) the formation, establishment, retention or enlargement of open spaces, parks, recreational zones, play grounds, markets, bazars, shopping areas, or any other type of development, as may be considered necessary for urban communities; (i) the augmentation of the present water-supply, or any other scheme for the improvement of the water-supply; (j) the making of a drainage and sewerage scheme including outfall works; and (k) the development of residential areas, commercial areas, industrial areas, recreational areas, educational zones and administrative zones; (l) the development of such areas outside, but contiguous to, the area of a particular scheme or schemes as the Authority may think fit to develop; and (m) any other matters consistent with this Ordinance which the Authority may think fit.

31. Whenever it appears to the Authority that it is expedient in the interests of the public and for the proper planning of the area included in any improvement or development scheme-(a) that any use of land should be discontinued, or that any conditions should be imposed on the continuance thereof; or(b) that any building or works or factory should be altered or removed,the Authority may pass a resolution to the effect and such resolution shall form part of the particulars of the scheme under clause (c) of sub-section (1) of section 33.

32. The Authority may frame schemes (hereinafter called the re-housing schemes) for the construction, maintenance and management of such and so many dwellings and shops as they may consider ought to be provided for persons of the poorer and working classes who are displaced or likely to be displaced by the execution of any improvement or development scheme sanctioned under this Ordinance.

33. (1) When any improvement or development scheme or re-housing scheme has been framed, for any area within the Corporation, the Authority shall prepare a notice, stating- (a) the fact that the scheme has been framed, (b) the boundaries of the area comprised in the scheme, and (c) the place at which particulars of the scheme, a map of the area comprised in the scheme, and a statement of the land which it is proposed to acquire and of the land in regard to which it is proposed to recover a betterment fee, may be seen at reasonable hours. (2) The authority shall- (i) cause the said notice to be published weekly for three consecutive weeks in the official Gazette and in local newspapers, with a statement of the period within which objections will be received, and (ii) send a copy of the notice to the ³[Mayor of the Corporation]. (3) The Chairman shall cause copies of all documents referred to in clause (c) of sub-section (1) to be delivered to any applicant on payment of such fee as may be prescribed.

34. The ⁴[Mayor of the Corporation] to whom a copy of the notice has been sent under clause (ii) of sub-section (2) of section 33 shall, within a period of thirty days from the receipt of the said copy, forward to the Authority any representation which the Corporation may think fit to make with regard to the scheme.

35. As soon as possible after the publication of a notice under section 33, the Chairman shall send a statement containing the particulars of the land which it is proposed to acquire in executing the scheme or in regard to which it is proposed to recover a betterment fee, to the ⁵[Mayor of the Corporation], with a request to furnish-(i) a list of the names and addresses of the persons whose lands are likely to be acquired for, or affected by, the execution of the scheme, and(ii) a copy of or extract from the municipal assessment list, within fourteen days of the receipt of such request and on payment of prescribed fee.

⁶[36A. The Government may sanction, either with or without modification, or may refuse to sanction, any improvement scheme or rehousing scheme submitted to it under section 36 but in either case, it shall communicate its decision to the Authority within four months from the date of receipt of the scheme from the Authority.

36B. (1) Whenever the Government sanctions any improvement scheme or rehousing scheme, it shall announce the fact by notification, and the Authority shall forthwith proceed to execute the scheme. (2) The publication of a notification under sub-section (1) in respect of any scheme shall be conclusive evidence that the scheme has been duly framed and sanctioned.]

36. (1) After the expiry of the periods respectively prescribed under clause (i) of sub-section (2) of section 33 and by section 34 in respect of any improvement scheme or re-housing scheme, the Authority shall consider any objection, representation and statement of dissent received thereunder and after hearing all persons making any such objection, representation or dissent who may desire to be heard, the Authority may either abandon the scheme or apply to the Government for sanction to the scheme with such modification (if any), as the Authority may consider necessary. (2) Every application submitted under sub-section (1) shall be accompanied by-(a) a description of, and full particulars relating to the scheme, and complete plans and estimates of the cost of executing the scheme;(b) a statement of the reasons for any modifications made in the scheme as originally framed;(c) a statement of objections (if any), received under section 33; (d) any representation received under section 34;(e) a statement of the arrangements made or proposed by the Authority for the re-housing of persons of the poorer and working classes who are likely to be displaced by the execution of the schemes.

37. Any number of areas in respect of which improvement, development or re-housing schemes have been, or are proposed to be framed, may at any time, be included in one combined scheme.

38. No street laid out or altered by the Authority shall be of less width than-(a) forty feet, if the street be intended for vehicular traffic, or(b) twenty feet, if the street be intended for pedestrian traffic only:Provided as follows:-(i) the width of an existing street need not be increased to the minimum required by this section, if the Authority consider it impracticable to do so; and(ii) nothing in this section shall be deemed to prevent the Authority from laying out service passages for sanitary purposes of any width less than twenty feet.

39. (1) Whenever any building, or any street, square or other land, or any part thereof, which- (a) is situated in the Municipality and is vested in Corporation, or (b) is situated in any part of the ⁸[Zilla Parishad or any Union Parishad] in which this Ordinance is for the time being in force, and is vested ⁹[in that Zilla or Union Parishad], is within the area of any improvement or development scheme or re-housing scheme and is required for the purpose of such scheme, the Authority shall give notice accordingly to the ¹⁰[Mayor of the Corporation or to the Chairman of the Zilla Parishad or of the Union Parishad], and such building, street, square, other land or part, shall thereupon vest in the Authority. (2) Where any street or square, or any part thereof vests in the Authority under sub-section (1), no compensation shall be payable by the Authority to the ¹¹[Corporation, the Zilla or the Union Parishad], in respect of such street, square or part. (3) Where any land, not being street or square, vests in the Authority under sub-section (1), compensation in respect of such land shall not be payable by the Authority except to the ¹²[Zilla or the Union Parishad], as the case may be. (4) Where any building vests in the Authority under sub-section (1), compensation for such building shall be payable by the Authority to the ¹³[Corporation, the Zilla or the 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 purpose 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).

40. Whenever the Authority are satisfied- (a) that any street laid out or altered by the Authority has been duly levelled, paved, metalled, flagged, channelled, sewered and drained in the manner provided in the plans sanctioned by the Government under sub-section (2) of section 29; (b) that such lamps, lamp-posts and other apparatus for the lighting of such street as ought to be provided by the Authority have been so provided, and (c) that water and other sanitary conveniences ordinarily provided in a ¹⁴[within the Corporation] have been duly provided in such street, the Authority shall pass a resolution to that effect and shall call upon the Corporation to take over such street as and from the date fixed by such resolution for the purpose.

41. (1) After the provisions of this Ordinance is brought into force under sub-section (3) of section 1, the Government may, upon such terms and conditions as may be laid down, transfer to the Authority any scheme sanctioned or undertaken by the Government or by any local authority and may also place at the disposal of the Authority any properties, movable, or immovable connected with or ancillary or appurtenant to any such scheme and any scheme so transferred shall be deemed to be a scheme sanctioned by the Government. (2) It shall be lawful for the Authority to execute and maintain all works and carry out all unfinished works and operations required for the execution of any scheme transferred under sub-section (1). (3) The Government may, upon such terms and conditions as may be laid down, place at the disposal of the Authority any property or fund held by the Government, or any local authority or any other body, or permit the Authority to levy and retain duties which, immediately before establishment of the Authority, were leviable by the Government, local authority or local body, and thereupon the Authority shall hold such property or fund and levy such duties in accordance with such terms and conditions.

42. The Authority may-(a) cause a survey of land to be made, whenever they consider that a survey is necessary or expedient for carrying out the purposes of this Ordinance, or(b) contribute towards the cost of any survey made by any other local authority.

43. (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 Ordinance or any rule made or scheme sanctioned hereunder or any scheme which the Authority 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) Whenever 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 sufficiency of the amount so paid or tendered, he shall at once refer the dispute to the Authority whose decision shall be final.