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

( Ordinance NO. II OF 1961 )

Chapter IV


Power of Entry

Power of Entry
45. (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 sun rise;
(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.

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