//
 
[Home] [Act List]  
 
THE TOWN IMPROVEMENT ACT, 1953

(EAST BENGAL ACT NO. XIII OF 1953).
  Part No : Chapter No : Section No: [ 15th May, 1953  
  
     1 2 An Act to provide for the development, improvement and expansion of the 3[ Capital of the Republic and Narayanganj and Tongi Municipalities] and certain areas in their vicinity and the constitution of a 4[ Kartripakkha] therefore.
 
    WHEREAS it is expedient to make provision for the development, improvement and expansion of the 5[ Capital of the Republic and Narayanganj and Tongi Municipalities] and certain areas in their vicinity by opening up congested areas, laying out or altering streets, providing open spaces for purposes of ventilation or recreation, demolishing or constructing buildings, acquiring land for the said purposes and for the re-housing of persons displaced by the execution of improvement schemes, and otherwise as hereinafter appearing;



AND WHEREAS it is expedient that a 6[ Kartripakkha] should be constituted and invested with special powers for carrying out the objects aforesaid;



It is hereby enacted as follows:-
 
CONTENTS
 
SECTIONS
 
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement
2. Definitions
CHAPTER II
THE KARTRIPAKKHA
Constitution of the Kartripakkha
3. Establishment and incorporation of Kartripakkha
4. Kartripakkha
5. Meetings of the Kartripakkha
Conduct of Business
21. Temporary association of members with the Kartripakkha for particular purposes
22. [Omitted.]
23. [Omitted.]
24. [Omitted.]
25. [Omitted.]
26. Power to make and perform contracts
27. Execution of contracts and approval of estimates
28. Further provisions as to execution of contracts, and provision as to seal of Kartripakkha
29. Tenders
30. Security for performance of contracts
31. Supply of documents and information to the Government
Employees of the Kartripakkha
32. Statement of strength and remuneration of staff
33.Kartripakkha to make [regulations]
34. Power of creation of posts for the Kartripakkha
35. [Omitted.]
36. Controls by Chairman
37. Delegation of certain functions of Chairman
CHAPTER III
IMPROVEMENT SCHEMES AND RE-HOUSING SCHEMES
38. When improvement scheme may be framed
39. Matters to be considered when framing improvement schemes
40. Matters to be provided for improvement schemes
41. Discontinuance of use of land and alteration or removal of building, etc.
42. Re-housing of persons displaced by improvement schemes
43. Authority for making an official representation for a general improvement schemes
44. Consideration of official representations
45. Preparation, publication and transmission of notice as to improvement schemes and supply of documents to applicants
46. Transmission to Kartripakkha of representation by Corporation or Paurashava
47. Furnishing list of persons and copy of, or extract from, assessment list
48. Service of notice as to proposed acquisition of land or recovery of betterment fee
49. Abandonment of improvement scheme, or application to Government to sanction it
50. Power to sanction or reject improvement scheme
51. Notification of sanction to improvement scheme
51A. Savings
Sanction to improvement scheme of Taka 5 Lakhs or more outside the [City or Municipal] limit
51B. Savings
51C. Improvement scheme of less than Taka 5 lakhs either within or outside the City or Municipality
52. Alteration of improvement scheme after sanction
53. Combination of improvement scheme
54. Width of streets
55. Transfer to Kartripakkha, for purposes of improvement scheme, of building or land vested in a Corporation or Paurashava, Zilla Parishad, Upazila Parishad or Union Parishad
56. Transfer of private street or square to Kartripakkha for purposes of improvement scheme
57. Provision of drain or water-work to replace another situated on land vested in the Kartripakkha under section 55 or section 56
58.Corporation or Paurashava [Zilla Parishad, Upazila Parishad or Union Parishad] not responsible for cleaning street etc., vested in the Kartripakkha
59. Repair and watering of streets vested in the Kartripakkha
60. Guarding and lighting when streets vested in the Kartripakkha is opened or broken up or when street is under construction and speedy completion of work
61. Prevention or restriction of traffic in street vested in the Kartripakkha during progress of work
62. Provision of facilities and payment of compensation, when work is executed by Kartripakkha in public street vested in them
63. Power of Kartripakkha to turn or close public street or square vested in them
64. Reference of disputes to Tribunal
65. Taking over of laid out or altered streets by Corporation or Paurashava
66. Vesting in Corporation or Paurashava of streets laid out or altered, and open spaces provided by the Kartripakkha under an improvement scheme
67. Application of sections 65 and 66 to areas outside the City or Municipality
68. Power of Kartripakkha to retain service passages
69. Plans for public streets or open spaces
70. Consideration of objection to plans for public streets or open spaces
71. Notification of sanctioned plan of public street
72. Erection of wall or building within a street alignment or building line
73. Preparation of Master Plan by the Kartripakkha
74. Publication of Master Plan
75. Permission for use of land contrary to the Master plan
76.No compensation payable for restricted use of land
77.Plans for erection of buildings under Ordinance XXVI of 1977 and Act LVI of 1974 to be submitted to the Chairman for sanction
CHAPTER IV
ACQUISITION AND DISPOSAL OF LAND
Acquisition by Agreement
78. Power to purchase or lease by agreement
Compulsory Acquisition
79. Power to acquire and dispose of land
80. [Omitted.]
81. [Omitted.]
82. [Omitted.]
83. [Omitted.]
84. [Omitted.]
85. [Omitted.]
86. [Omitted.]
87. [Omitted.]
88. [Omitted.]
89. [Omitted.]
90. [Omitted.]
91. [Omitted.]
91A. [Omitted.]
Abandonment of Acquisition
92. [Omitted.]
93. [Omitted.]
93A. [Omitted.]
93B. [Omitted.]
93C. Bar to jurisdiction of Civil Court
Betterment Fee
94. Payment of betterment fee
95. Assessment of betterment fee by Kartripakkha
96. [Omitted.]
97. Kartripakkha to give notice to persons liable to payment of betterment fee
98. Agreement to make payment of betterment fee a charge on land
99. [Omitted.]
Acquisition on fresh declaration
100. [Omitted.]
Disposal of Land
101. Power to dispose of land
CHAPTER V
RULES
102. Power to Government to make rules
CHAPTER VI
FINANCE
Municipal Contributions
103. Contributions from Corporation or Paurashava Fund
Loans
104. Power of Kartripakkha to borrow money
105. Loans from Banks
106. Application of borrowed money
107. Form, signature, exchange, transfer and effect of debentures
108. Signature of coupons attached to debentures
109. Payments to survivors of joint payees
110. Receipt by joint holders for interest or dividend
111. Priority of payment for interest and repayment of loans
112. Repayment of loans taken under section 104
113. Establishment and maintenance of sinking funds
114. Power o discontinue payments into sinking funds
115. Investment of sinking funds
116. Application of sinking funds
117. Annual statement by Trustees
118. Annual examination of sinking funds
Enforcement of Liabilities
119. Procedure if Kartripakkha fail to make any payment or investment in respect of loans
120. Procedure if the Mayor of the Corporation or Chairman of the Paurashava fails to make any payment due to the Kartripakkha
121. Payment under section 119 to be a charge on the property of the Kartripakkha
Budget Estimates
122. Estimates of income and expenditure to be laid annually before the Kartripakkha
123. Sanction of Kartripakkha to estimates
124. Approval of Government to estimates
125.Transmission of copy of estimate to the [Mayor of the Corporation or Chairman of the Paurashava]
126. [Omitted.]
127. Supplementary estimates
128. Adherence to estimate and maintenance of closing balance
129. Receipt of moneys and deposit in Bank
130. Investment of surplus moneys
131. Payments by Cheques
132. Signing of orders under section 130 and cheques
133. Duty of Chairman and others before signing cheques
Accounts
134. Definition of “Cost of management”
135. Keeping of capital account and revenue account
136. Credits to capital account
137. Application of capital account
138. Credits to revenue account
139. Application of revenue account
140. Power to direct sale of securities
141. Advances from revenue account to capital account
142. Advances from capital account to revenue account
143. Submission of abstracts of accounts
144. Annual audit of accounts
145. Powers of auditors
146. Remuneration of auditor
147. Auditor’s report to the Kartripakkha
148. Kartripakkha to remedy defects
149.Auditor’s report to be sent to each [member]
150. Publication and transmission of an abstract of the accounts
CHAPTER VII
RULES
151. Further power to Government for making rules
152.Further power to Kartripakkha for making [regulations]
153. Conditions precedent to the making of rules under section 33, or 152
154.Sanction of Government to [regulation] made under section 33 or 152
155.Publication of rule [or regulation]
156. [Omitted.]
157. [Omitted.]
158.Cancellation of [regulation] made under section 152
CHAPTER VIII
SUPPLEMENTAL PROVISIONS
Status of members, etc.
159. Members, etc., deemed public servant
Contributions towards leave allowances and pensions of Government servants
160. Contributions by Kartripakkha towards leave allowances and pensions of Government servants employed under this Act
161. [Omitted.]
Publication of Notification
162. Publication of notification under section 1 (2) in draft for criticism
Facilities for movement of the Population
163. Power of the Kartripakkha for facilitating movement of the population
Telegraph and Railways Acts
164. Savings
Legal Proceedings
165. Cognizance of Offences
166. Limitation of time for prosecution
167. Powers of Chairman as to institution, etc., of legal proceedings and obtaining legal advice
168. Indemnity to Kartripakkha, etc.
169. Notice of suit against Kartripakkha, etc.
Police
170. Co-operation of the Police
171. Arrest of offenders
Evidence
172. Proof of consent, etc., of Kartripakkha or Chairman or employee of Kartripakkha
173. [Omitted.]
Compensation
174. General power of Kartripakkha to pay compensation
175. Compensation to be paid by offenders for damage caused by them
Public Notices and Advertisements
176. Publication of public notices
177. Publication of advertisements or notices in newspapers
Signature and service of notice or bills
178. Stamping signature on notices or bills
179. Service of notice how to be effected
Surveys
180. Power to make surveys, or contribute towards their cost
Power of entry
181. Power of entry
Penalties
182. Punishment for acquiring share or interest in contract, etc., with the Kartripakkha
183. Penalty for removing fence, etc., in street
184. Penalty for building within street alignment or building line
185. Penalty for failure to remove wall or building in respect of which agreement has been executed
186. Penalty for use of land in zone plan in contravention of section 74
187. Removal of unauthorised construction
188. Penalty for failure to comply with requisition made by auditor
189. Penalty for obstructing contractor or removing mark
Recovery of expenses
190.Removal of wall or building and recovery of expenses
Suspension or abolition, and re-imposition, of Municipal contributions.
191.Suspension or abolition and re-imposition of Municipal contributions
Control over, and Suspension of, the Kartripakkha
191A.Control over the Kartripakkha
191B. [Omitted]
Dissolution of Kartripakkha
192.[Omitted]
193.Dues to be recoverable under Public Demands Recovery Act, 1913
SCHEDULE
 
 

Copyright © 2010, Legislative and Parliamentary Affairs Division
Ministry of Law, Justice and Parliamentary Affairs