The Khulna Development Authority Ordinance, 1961 (East Pakistan Ordinance)

( Ordinance NO. II Of 1961 )

এই অধ্যাদেশ খুলনা উন্নয়ন কর্তৃপক্ষ আইন, ২০১৮ (২০১৮ সনের ৩২ নং আইন) দ্বারা রহিত করা হইয়াছে।

♣An Ordinance to provide for the development, improvement and expansion of the [city] of Khulna 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 Khulna 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 rehousing 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 seventh day of October, 1958, and having received the previous instructions of the President, the Governor is pleased, in exercise of all powers enabling him in that behalf, 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, or Members

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

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 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, publications and transmission of notice as to improvement scheme and supply of documents to applicants

34.Transmission to Authority 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

37. Power to sanction or reject improvement scheme

38. Notification of sanction to improvement scheme

39. Combination of improvement scheme

40. Width of streets

41. Transfer to Authority for purposes of improvement schemes of building or land vested in a [Corporation, etc.]

42.Taking over of laid out or altered streets by [Corporation]

43. Transfer of any schemes or property of Government or local authority to the Authority

Survey

44.Power to make survey or contribute towards their cost

Power of Entry

45.Power of Entry

46. Khulna Development Authority Fund

47.Contribution from [Corporation Fund]

Loans

48. Power of Authority to borrow money

49. Authority to be deemed to be a local Authority

50. Application of money borrowed

51. Limited liability

52. Priority of payments for interest and repayment of loans

Budget Estimate

53.Estimate of income and expenditure

Approval of Government to such estimates

54. Supplementary estimate

55. Adherence to estimate and maintenance of closing balance

56. Receipt of money and deposit in Bank

57. Payment by cheques

58. Signature of cheques

Accounts

59. Management of accounts

60. Credit to capital account

61. Application of capital account

62. Credit to revenue account

63. Application of revenue account

64. Advances from revenue account to capital account

65. Advances from capital account to revenue account

66. Submission of abstract of accounts

67. Submission of yearly reports and returns

68. Recovery of dues of Authority

69. Annual audit of accounts

70. Power of Auditors

71. Remuneration of Auditor

72. Auditor to submit report to the Chairman and Government

73. Authority to remedy defects

74. Authority’s report to be sent to each Member

75. Publication and transmission of an abstract of the accounts

Land Acquisition

76. Acquisition and disposal of land

77. Acquisition by agreement

78. Abandonment of acquisition

Betterment Fee

79. Payment of betterment fee

80. Assessment of betterment fee by Authority

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

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

83. Power to make rules

84. Conditions precedent to making of rules

85. Publication of rules

86. Power to Authority to make regulations

87. Power of the Government to cancel regulation

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. Limitation of time for prosecution

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 Municipality