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The Rajshahi Town Development Authority Ordinance, 1976

( Ordinance NO. LXXVIII OF 1976 )

এই অধ্যাদেশ রাজশাহী উন্নয়ন কর্তৃপক্ষ আইন, ২০১৮ (২০১৮ সনের ৩ নং আইন) দ্বারা রহিত করা হইয়াছে।

Chapter III

POWERS AND DUTIES OF THE AUTHORITY

Preparation of records of existing services, facilities, public utilities and of important public properties
9. (1) The Authority shall, as soon as may be after the commencement of this Ordinance, collect maps and other relevant records, undertake physical survey and do such other things as it may deem necessary for the purpose of preparation of records of-
 
 
 
 
(a) existing drainage system, indicating its efficiency and deficiency;
 
 
(b) maps of all drains owned and maintained by Government or any local authority;
 
 
(c) maps of drains over private land forming part and parcel of the drainage system in the area to which this Ordinance extends;
 
 
(d) existing water supply and distribution system, location and capacity of different water works including deep tube-wells, overhead tanks, main water-supply pipe lines and the areas served by different water works indicating the efficiency and deficiencies of such water works;
 
 
(e) educational institutions, particularly primary and secondary schools, indicating their location, standard, number of pupils and the population of the area served by each such institution;
 
 
(f) existing public open spaces, play grounds for teenagers and other places of recreation, indicating their location, site, and the area and population served by each such open space, play ground or place of recreation;
 
 
(g) existing road system, traffic load and nature of traffic on different roads indicating the efficiency and deficiencies of the system; and
 
 
(h) properties including vacant lands owned by Government, local authorities, and corporations, indicating their present use.
 
 
 
 
(2) The records of existing services, facilities, public utilities and important public properties shall be preserved in printed maps, charts, graphs, and in such other written documents as the Authority may deem appropriate and printed copies of such records shall be made available to the public on payment of such fees as the Authority may determine.
Preparation of general development plan
10. (1) The Authority shall prepare in the prescribed manner a general development plan for the area within its territorial limits and submit the same to the Government for approval; and the Government may approve the plan with or without modifications.
 
 
 
 
(2) The general development plan shall broadly indicate,-
 
 
 
 
(a) future road system;
 
 
(b) future drainage system;
 
 
(c) future water supply system;
 
 
(d) future distribution of educational institutions, health service facilities, public open spaces and places of recreation;
 
 
(e) location of future industrial establishments and commercial centres;
 
 
(f) lands likely to be required for development projects the execution of which may commence within five years from the date of submission of the general development plan to the Government; and
 
 
(g) such other matters as the Authority may deem fit to indicate in it.
 
 
 
 
(3) The general development plan shall include such maps, charts, graphs and other descriptive matters and reports as the Authority may consider necessary to fully explain the proposals contained in the plan with their implications, justifications and benefits.
 
 
 
 
(4) The general development plan shall lay down such basic planning policy as the Authority may deem appropriate for overall long term development of the areas to which this Ordinance extends but the plan need not precisely indicate the land to be required or acquired for any purpose, alignment for any road, drain or water supply line, the boundaries of any public open space or the sites for educational institutions, heath service facilities and other amenities and public utility services.
 
 
 
 
(5) All future development schemes for any area within the limits of the Authority formulated by the Authority or other agencies shall be in conformity with the general development plan.
Preparation of functional master plans
11. (1) The Authority shall, pursuant to the general development plan, prepare in the prescribed manner functional master plans relating to-
 
 
 
 
(a) land use zoning and land reservation;
 
 
(b) water supply, sewerage and drainage;
 
 
(c) roads, highways and traffic circulation; and
 
 
(d) community planning, housing, slum clearance and slum improvement.
 
 
 
 
(2) The Authority may, pursuant to the general development plan, call upon any local Authority or Government organisation or institution dealing with electric supply, railways and tele-communications in an area to which this Ordinance extends to prepare functional master plans in respect of electric supply, railways and tele-communication and thereupon the local Authority or Government organisation or institution shall prepare in the prescribed manner functional master plans in respect thereof.
 
 
 
 
(3) The Authority, any local authority or any Government organisation or institution may be required to prepare functional master plans for the purpose of this Ordinance on such matters as the Government may, by notification in the official Gazette, specify.
 
 
 
 
(4) All functional master plans prepared under sub-section (1) or sub-section (2) shall be submitted by the Authority to the Government for approval and the Government may approve such plans with or without modifications.
No use of land contrary to functional master plans
12. (1) No person shall, except with previous permission of the Authority, use any land for any purpose other than that laid down in any functional master plan approved by the Government.
 
 
 
 
(2) All future developments and constructions, both public and private, within the area to which this Ordinance extends shall be in conformity with the functional master plans approved by the Government.
 
 
 
 
(3) No compensation shall be payable to any person owing to the restricted use to which this land may be put under this section.
Preparation of development schemes
13. (1) The Authority shall prepare in the prescribed manner and submit to the Government for approval specific development schemes for an area to which this Ordinance extends or any part thereof on the basis of the functional master plans, and all such development schemes shall contain plans for the proposed developments, including those for housing, if any, written reports, specifications of works, estimates of cost and proposed methods of financing.
 
 
 
 
(2) A development scheme prepared and submitted under sub-section (1) may provide for all or any of the following matters, namely:-
 
 
 
 
(a) the acquisition of any land in the area comprised in the scheme, which may, in the opinion of the Authority, be required for, 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 the land which it is proposed to acquire in the said area as the Authority may consider necessary;
 
 
(d) the construction of any building which the Authority may consider it necessary to erect for any purpose, consistent with the provisions of this Ordinance, other than sale;
 
 
(e) laying out or alteration of streets, drains, sewers, water supply pipe lines, bridges, cause ways and culverts;
 
 
(f) the levelling, paving, metalling, flagging, channelling, swearing, and draining of the said streets and 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, retention, enlargement and improvement of open spaces;
 
 
(i) the augmentation of the present water supply or any other scheme for the improvement of water supply;
 
 
(j) the making of a drainage and sewerage scheme including outfall works ;
 
 
(k) the acquisition and reservation of sites for construction of educational institutions, health centres, hospitals, power houses and electric sub-stations, bus, taxi and rickshaw stands and bazaars; and
 
 
(l) any other matter consistent with this Ordinance which the Authority may consider necessary.
 
 
 
 
(3) The Government may approve a development scheme submitted to it under sub-section (1) with or without modifications.
Formulation and execution of development schemes of urgent public importance
14. Notwithstanding the provisions of sections 10 and 11, the Authority may, with the prior approval of the Government, formulate and execute development schemes of urgent public importance even before the preparation of the general development plan or preparation of functional master plans.
Publication of general development plan and functional master plans
15. When the Government approves the general development plan or a functional master plan it shall announce the fact by notification in the official Gazette and such notification shall be conclusive evidence that the plan has been duly made and approved by the Government.
Amendment of plan and scheme
16. A general development plan, a functional master plan or a development scheme prepared and approved under this Ordinance may be modified by the Authority at any time with the previous approval of the Government, and any such modification shall be published in the official Gazette.
Restriction on preparation and execution of certain schemes
17. No plan or development scheme shall be prepared or executed by any person, local authority or Government organisation or institution for the area to which this Ordinance extends or any part thereof except with the concurrence of the Authority.
Execution of development schemes
18. (1) When the Government approves a development scheme it shall announce the fact by notification in the official Gazette, and the Authority shall forthwith proceed to execute the scheme.
 
 
 
 
(2) Notwithstanding anything contained in sub-section (1), the Authority may require a local authority or Government organisation or institution within whose territorial jurisdiction any particular area covered by a development scheme lies to execute the scheme or any portion thereof, in consultation with the Authority; and the expenditure incurred on the execution of any such scheme or portion thereof shall be borne as may be agreed to between the Authority and the local authority or Government organisation or institution, or in the event of disagreement, as may be determined by the Government .
Transfer to Authority of buildings or land vested in a local Government body
19. (1) whenever any building, or any street, or any land or square or any part thereof, which is vested in a local Government body is situated within the area covered by any development scheme and is required for the purpose of such scheme, the Authority shall give notice accordingly to the Chief Executive Officer of such local Government body and such building, street, square, land or part thereof 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 local Government body concerned in respect of such street, square or part thereof.
 
 
 
 
(3) Where any land or building, not being a street or square, vests in the Authority under sub-section (1), no compensation shall be payable by the Authority to the local Government body concerned in respect of such building or land, if such building or land is required for a purpose similar to the purpose for which it was acquired, held or used by the local Government body.
 
 
 
 
(4) If any question or dispute arises in respect of any matter under this section, the matter shall be referred to the Government whose decision shall be final.
Transfer to Authority of private street or square
20. (1) Whenever any street or square or part thereof which is not vested in any local authority is required for executing any development scheme, the Authority shall cause to be affixed in a conspicuous place in or near such street, square or part thereof, a notice signed by the Chief Executive Officer stating the purpose for which the street, square or part thereof is required, and declaring that the Authority will, on or after a date to be specified in the notice, take over charge of such street, square or part thereof from the owner thereof; and shall simultaneously send a copy of such notice to the owner of such street, square or part thereof.
 
 
 
 
(2) After considering and deciding objections, if any, received in writing before the date specified in the notice under sub-section (1), the Authority may take over charge of such street, square or part thereof from the owner thereof; and the same shall thereupon vest in the Authority.
 
 
 
 
(3) When the Authority closes or alters any street or square or part thereof which has vested in it under sub-section (2), it shall pay to the previous owner compensation at such rate and in such manner as may be prescribed for the loss of his rights therein.
 
 
 
 
(4) If the closing or alteration of any such street or square or part thereof causes damage or substantial inconvenience to owners of property adjacent thereto, or to residents in the neighbourhood, the Authority shall forthwith provide some other reasonable means of access for the use of persons who were entitled to use such street, square, or part thereof as a means of access to any property or place; and if the provision of such means of access does not sufficiently compensate any such owner or resident for such damage or inconvenience, shall also pay him reasonable compensation in money.
Transfer to Authority of any scheme or property of Government or local authority
21. (1) Notwithstanding anything contained in any other law for the time being in force, the Government may, upon such terms and conditions as it may specify, transfer to the Authority any scheme sanctioned or undertaken by the Government or by any Government Organisation or institution in respect of any area to which this Ordinance extends and may also place at the disposal of the Authority any property, movable or immovable, connected with or ancillary or appurtenant to such scheme and any scheme so transferred shall be deemed to be a development scheme prepared and approved under this Ordinance.
 
 
 
 
(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 to it under sub-section (1).
 
 
 
 
(3) Notwithstanding anything contained in any other law for the time being in force, the Government may, upon such terms and conditions as it may specify, place at the disposal of the Authority any property or fund held by the Government, or by any Government organisation or institution or local authority, or permit the Authority to collect and retain duties which, immediately before the establishment of the Authority, were leviable by the Government, Government organisation or institution or local authority , and thereupon the Authority shall hold such property or fund and collect such duties in accordance with such terms and conditions.
 
 
 
 
(4) Notwithstanding anything contained in any other law for the time being in force, a local authority may, upon such terms and conditions as it may specify:-
 
 
 
 
(a) transfer to the Authority any scheme, sanctioned or undertaken by such local authority, in respect of any area to which this Ordinance extends and place at the disposal of the Authority any property, movable or immovable, connected with or ancillary or appurtenant to such scheme and any scheme so transferred shall be deemed to be a development scheme prepared and approved under this Ordinance; and
 
 
 
 
(b) place at the disposal of the Authority any property or fund held by the local authority.
 
 
 
 
(5) Notwithstanding anything contained in any other law for the time being in force or in any contract or terms and conditions of service, any person serving under the Government or any Government organisation or institution or any local authority in connection with any scheme transferred to the Authority under sub-section (1) or sub-section (4) shall serve under the Authority, if required by the Government to do so on such terms and conditions, not otherwise inconsistent with the service rules applicable to such person, as the Government or the Government organisation or institution or the local authority, as the case may be, may in consultation with the Authority, determine; and the person so serving under the Authority shall, except in the matter of dismissal, removal or reduction in rank, be subject to the power and control of the Authority in the same manner and to the same extent as any officer or employee appointed by the Authority.
General powers of the Authority
22. (1) Subject to the other provisions of this Ordinance and the rules made thereunder, the Authority may adopt such measures and exercise such powers as may be necessary for carrying out the purposes of this Ordinance.
 
 
 
 
(2) Without prejudice to the generality of the foregoing power, the Authority may-
 
 
 
 
(a) enter into and perform all such contracts as it may consider necessary;
 
 
(b) cause studies, surveys, experiments and technical researches to be made or contribute towards the cost of any such studies, surveys, experiments or technical researches made by any other person or agency at the request of the Authority;
 
 
(c) issue interim development orders for areas for which a development scheme is under preparation and restrict or prohibit, by general or special order, any use or change in the use of land and any alteration in buildings, structures and installations:
 
 
Provided that no order of restriction or prohibition under this clause shall be made for such period, not exceeding twelve months, as may be specified in the order;
 
 
(d) seek and obtain advice and assistance for the preparation of any plan or development scheme or for the execution of any scheme from any local authority or Government organisation or institution, and the expenditure, if any, involved in giving such advice or assistance shall be borne by the Authority;
 
 
(e) co-ordinate the execution of development schemes; and
 
 
(f) finance and supervise the execution of any development scheme.

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Ministry of Law, Justice and Parliamentary Affairs