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13/07/2024
Laws of Bangladesh

The Sairat Mahals (Management) Ordinance, 1959 (East Pakistan Ordinance)

( Ordinance NO. VI OF 1959 )

Assumption of possessions management and control by the Government
2. (1) Where any share of any hat, bazar, fishery or ferry has vested in the Government as a result of acquisition under the 1[* * *] State Acquisition and Tenancy Act, 1950, or otherwise, the Government may, by notification in the official Gazette, assume the right of possession, management and control of the remaining share or shares of such hat, bazar, fishery or ferry.
 
 
 
 
(2) Immediately upon the publication of a notification under sub-section (1), the right of possession, management and control of such share or shares in the hat, bazar, fishery or ferry shall pass on to the Government.
 
 
 
 
(3) Where the right of possession, management and control of any share in any hat, bazar, fishery or ferry has passed on to the Government under sub-section (2), the owner of such share shall, from the date of such passing on till the date of vesting of such share in the Government as a result of acquisition under the provisions of the 2[* * *] State Acquisition and Tenancy Act, 1950, or otherwise, receive from the Government in respect of such share as compensation for use and occupation for each year or part of a year an amount which will bear such proportion to the net income realised by the Government for the entire property for that year or part of a year as such share bears to the whole property.
 
 
 
 
(4) In calculating the net income referred to in sub-section (3) for any such property for any year or part of a year, there shall be deducted from the gross proceeds received by the Government from such property on account of such year or part of a year,-
 
 
 
 
(a) any rent payable on account of such year or part of a year for such property to any superior landlord whose interests have not been acquired;
 
 
 
 
(b) all expenses incurred for khas management of the property where the Government manages the property in khas;
 
 
(c) in case the property is let out by the Government, the cost of advertisement and holding the sale, any refund or abatement that may have to be made to the lessee under the terms of the lease and other expenses, if any, incurred by the Government in connection with the management of such property.

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