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The Rajshahi Town Development Authority Ordinance, 1976

( Ordinance NO. LXXVIII OF 1976 )

Chapter VI

MAINTENANCE OF PUBLIC STREETS, DRAINS, ETC. VESTED IN THE AUTHORITY AND PAYMENT OF LOCAL RATES AND TAXES IN RESPECT OF BUILDINGS VESTED IN THE AUTHORITY

Vesting in municipality of streets, drains, etc. for maintenance after execution of development scheme
37. (1) Whenever the Authority is satisfied that execution of a development scheme has been completed in accordance with the plans and specifications sanctioned by the Government, the Authority shall pass a resolution to that effect and shall call upon the Paurashava to take over and to maintain the streets, drains, sewers, parks and other services and facilities provided by the Authority as and from such date as may be fixed by the resolution.
 
 
 
 
(2) If the Paurashava on being called upon to take over the streets, drains, sewers, parks and other services and facilities under sub-section (1) is satisfied that the development scheme has been executed in accordance with the plans and specifications sanctioned by the Government, it shall inform the Authority of its intention to take them over, and by written notice affixed in some conspicuous position within the area of the development scheme declare the streets, drains, sewers, parks and other services and facilities to be public streets, drains, sewers, parks and services and facilities, which shall thereupon vest in, and be maintained, kept in repair, lighted, cleansed, and watered by, the Paurashava.
 
 
 
 
(3) If the Paurashava fails to comply with the resolution of the Authority under sub-section (1) or fails to inform the Authority within three months of the reasons for non-compliance with the resolution of the Authority under sub-section (1), the Authority shall pass a resolution in its meeting requesting the Commissioner to ask the Paurashava to take over the streets, drains, sewers, parks and services and facilities for maintenance from such date as may be fixed by the Commissioner.
 
 
 
 
(4) The Commissioner, on being requested by the Authority, shall fix a date, and thereupon from such date so fixed by the Commissioner such streets, drains, sewers, parks and services and facilities shall be public streets, drains, sewers and services and facilities and shall vest in, and be maintained at the expense of, the Paurashava.
 
 
 
 
(5) The Commissioner may, if he deems it necessary, request the Paurashava to make a written statement in this regard for this consideration.
 
 
 
 
(6) The Commissioner may, before fixing a date under sub-section (4), may ask the Authority to complete such other work as he may consider necessary for facilitating proper up-keep and maintenance, at reasonable cost, of the streets, drains, sewers, parks and services and facilities.

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