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The Agricultural Development Corporation Ordinance, 1961 (East Pakistan Ordinance)

( Ordinance NO. XXXVII OF 1961 )

Chapter IV

POWERS OF THE CORPORATION

Power regarding use of land
16. (1) The Corporation may-
 
 
 
 
(a) grant land vested in the Corporation to any person on any condition it thinks fit, and for this purpose issue a statement or statements of conditions on which the Corporation is willing to grant such land:
 
 
 
 
Provided that no land shall be granted to any person without the statement of conditions having been approved by the Government:
 
 
 
 
Provided further that no land shall ordinarily be leased for a period exceeding ten years, and where any lease for a longer period is given the provisions of the 1[* * *] State Acquisition and Tenancy Act, 1950, shall apply, and any other grant shall also be subject to the provisions of the said Act;
 
 
 
 
(b) resume the land so granted or in the alternative impose a penalty not exceeding five hundred taka, where the grantee is proved to the satisfaction of the Corporation to have committed a breach of any of the conditions of the tenancy:
 
 
 
 
Provided that before an order is made under this clause, the grantee shall be given an opportunity to appear and state his objections:
 
 
 
 
Provided further that in a case of resumption, the grantee shall be liable to restore possession forthwith, but shall be entitled to compensation for the standing crops and for improvements made by him during the tenancy;
 
 
(c) notwithstanding anything contained in any other law for the time being in force,-
 
 
 
 
(i) prepare or confirm schemes for consolidation of holding in any Project Area by re distribution of title or any of the lands therein so as to reduce the number of plots in the holdings, and order payment of compensation to any person who has received an allotment under any such scheme of consolidation of less market value than his original holding to be paid by all or any of the other persons affected by any such scheme and in such proportion as the Corporation may decide; and
 
 
 
 
(ii) appoint officer to perform the duties of Consolidation Officers under the law relating to consolidation of holding;
 
 
 
 
(d) take over and manage Khas lands of the Government on such terms and conditions as may be agreed upon between the Corporation and the Government;
 
 
 
 
(e) regulate by general or special order the use of land and restrict or prohibit the carrying of any offensive or unwholesome trade or the construction of any building or structure;
 
 
 
 
(f) direct, in respect of any area¬-
 
 
 
 
(i) the levelling, terracing and embankment of fields;
 
 
 
 
(ii) the afforestation of such area or part thereof;
 
 
 
 
(iii) the construction of earthworks in fields or ravines;
 
 
 
 
(iv) the provision of drains for storm water, construction of surface field drains and sub-surface drains;
 
 
 
 
(v) the training of streams; and
 
 
 
 
(vi) the execution of such other works as are necessary in the opinion of the Corporation to protect the land from the erosive action of wind or water, or for the development of such area or for the exploitation of its water resources;
 
 
(g) direct that any work, which has been required to be done by any person under the preceding clause, and which remains undone, shall, after due notice to such person and consideration of any objection raised by him, be executed by the Corporation, and specify the portion in which the risk and expenses of such work shall be borne by such person, or by any other person who is held by the Corporation, upon due enquiry after reasonable notice to him, to be responsible for the execution of such work in whole or in part;
 
 
 
 
(h) regulate, restrict or prohibit by general or special order in respect of any area-
 
 
 
 
(i) the clearing or breaking up of land for cultivation;
 
 
 
 
(ii) the quarrying of non mineral stone and the burning of lime or charcoal;
 
 
 
 
(iii) the admission, herding, parking and retention of cattle;
 
 
 
 
(iv) the felling, girdling, lopping, tapping or burning of any tree or timber; and
 
 
 
 
(v) the kindling, keeping or carrying of any fire;
 
 
 
 
(vi) direct the growing of a particular kind or type of crops or trees in a particular area and specify the rotation of crops to be followed;
 
 
 
 
(i) undertake the breaking of land, planting of trees, construction of water courses and do all necessary acts to bring land vested in the Corporation under cultivation; and
 
 
 
 
(j) make grant of money to any person for the purpose of furthering any of the objects of this Ordinance on such terms and conditions as may be prescribed.
 
 
 
 
(2) Any general order made under sub section (1) shall be published in such manner as may be prescribed.

  • 1
    The words “East Bengal” were omitted by section 8 of the Agricultural Development Corporation (Amendment) Ordinance, 1975 (Ordinance No. XL of 1975)
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