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10/08/2022
The Khulna Development Authority Ordinance, 1961 (East Pakistan Ordinance)

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।

Chapter VIII

LEGAL PROCEEDINGS

Cognizance of offences
88. Notwithstanding anything contained in the Code of Criminal Procedure, 1898, all offences against this Ordinance or any rule 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 Ordinance 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
89. No person shall be liable to punishment for any offence against this Ordinance or any rule 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
90. The Chairman may, subject to the control of the Authority-
 
 
 
 
(a) institute, defend or withdraw from, legal proceedings under this Ordinance or any rule made hereunder;
 
 
 
 
(b) compound any offence against this Ordinance or any rule 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 Ordinance or any rule 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 Authority to obtain, for any of the purposes referred to 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 Authority or any employee of the Authority.
Notice of suit against Authority, etc. Limitation of time for prosecution
91. No suit shall be instituted against the Authority or Chairman, or any member, or any employee of the Authority or any person acting under the direction of the Authority, or the Chairman or of any employee of the Authority in respect of any act purporting to be done under this Ordinance or any rule made hereunder, until the expiration of one month next after written notice has been delivered or left at the Authority'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.
 
 
 
 
1[Where any such suit is instituted without delivering or leaving such notice as aforesaid or before the expiration of the said period of one month or where the plaint does not contain a statement that such notice has been so delivered or left, the plaintiff shall not be entitled to any cost if settlement as regards the subject matter of the suit is reached or the Authority concedes the plaintiff's claim, within the period of one month from the date of the institution of the suit:
 
 
 
 
Provided that in a suit instituted without such notice, the Court shall allow not less than two months to the Authority to submit the written statement.]
Arrest of offenders
92. 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 Authority in the exercise of any of the powers conferred by this Ordinance or any rule made hereunder.
 
 

Evidence

Proof, consent, etc., of Authority or Chairman or employee of Authority
93. Whenever, under this Ordinance or any rule made hereunder, the doing or the committing to do anything or the validity of anything depends upon the approval, sanction, consent, concurrence, declaration, opinion or satisfaction of-
 
 
 
 
(a) the Authority or the Chairman, or
 
 
 
 
 
 
(b) any employee of the Authority,
 
 
 
 
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.
 
 

Compensation

General power of Authority to pay compensation
94. In any case not otherwise expressly provided for in this Ordinance, the Authority may pay reasonable compensation to any person who sustain damage by reason of the exercise of any of the powers vested, by this Ordinance or any rule made or scheme sanctioned hereunder, in the Authority or the Chairman or any employee of the Authority.
Compensation to be paid by offenders for damage caused by them
95. (1) If, on account of any act or omission, any person has been convicted of any offence against this Ordinance or any rule made hereunder, and, by reason of the same act or omission of the said person, damage has occurred to any property of the Authority, 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 therefore.
 
 

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    The new paragraph and proviso were added by section 2 of the Khulna Development Authority (Amendment) Act, 1981 (Act No. VI of 1981)
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