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THE CHITTAGONG DEVELOPMENT AUTHORITY ORDINANCE, 1959

(EAST PAKISTAN ORDINANCE NO. LI OF 1959).
  Part No : Chapter No : Section No: [ 27th July, 1959  
  
     1 An Ordinance to provide for the development, improvement and expansion of the 2[ city] of Chittagong and certain areas in its vicinity and the constitution of an Authority therefore.
 
    WHEREAS it is expedient to make provision for the development, improvement and expansion of the 3[ city] of Chittagong and certain areas in its 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 an Authority should be constituted and invested with special powers for carrying out the objects aforesaid;



NOW, THEREFORE, in pursuance of the Presidential Proclamation of the 7th October, 1958, and in exercise of all other powers enabling him in that behalf, the Governor of East Pakistan is pleased to make and promulgate the following Ordinance, namely:-
 
CONTENTS
 
SECTIONS
 
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement
2. Definitions
CHAPTER II
CONSTITUTION OF THE AUTHORITY
3. Establishment of the Authority
4. Chairman, Members, Terms
5. Remuneration and condition of service of Chairman and Members
6. Resignation of Chairman, Member
7. Removal of Chairman or Member
8. Filling of casual vacancies
Conduct of Business
9. Meetings of the Authority
10. Temporary Association of Members
11. Indemnity
12. Power to make and perform contracts
13. Making of contracts
14. Further provisions as to execution of contracts, and provisions as to seal of authority
15. Tenders
16. Security for performance of contract
17. Supply of documents and information to the Government
CHAPTER III
ESTABLISHMENT
18. Appointment of officers, etc.
19. [Omitted.]
20. Delegation of powers to Chairman, etc.
21. Immunity of the Authority and its employees
CHAPTER IV
POWERS AND DUTIES OF THE AUTHORITY
Master Plan
22. Preparation of Master Plan by the Authority
23. Publication of Master Plan
24. Permission for use of land contrary to the Master Plan
25. Authorised Officer
26. Controlled Area
27. Declaration of use area and location thereof
Outline Programme and Improvement Schemes
28. Preparation of Development Programmes
29. Preparation and submission of specific schemes to Government
30. Matters to be provided for in improvement scheme
31. Discontinuance of use of land and alteration or removal of building
32. Re-housing of persons displaced by improvement schemes
33.Preparation, publication and transmission of notice as to improvement scheme and supply of documents to applicants
34. Transmission to Board of representation by Corporation
35. Furnishing list of persons and copy of, or extract from assessment list
36. Abandonment of improvement scheme, or application to Government to sanction it
36A. Power to sanction or reject improvement scheme
36B. Notification of sanction to improvement scheme
37. Combination of improvement scheme
38. Width of streets
39. Transfer to authority for purposes of improvement scheme of building or land vested in a [Corporation, etc.]
40. Taking over of laid out or altered streets by Corporation
41. Transfer of any scheme or property of Government or local authority to the Authority
Survey
42.Power to make survey or contribute towards their cost
Power of Entry
43.Power of Entry
CHAPTER V
FINANCE
44. Chittagong Development Fund
45.Contribution from [Corporation Fund]
Loans
46. Power of Authority to borrow money
47. Authority to be deemed to be a local Authority
48. Application of money borrowed
49. Limited liability
50. Priority of payments for interest and repayment of loans
Budget Estimate
51. Estimate of income and expenditure
52. Supplementary estimate
53. Adherence to estimate and maintenance of closing balance
54. Receipt of money and deposit in Bank
55. Payment by cheques
56. Signature of cheques
Accounts
57. Management of accounts
58. Credit to capital account
59. Application of capital account
60. Credit to revenue account
61. Application of revenue account
62. Advances from revenue account to capital account
63. Advances from capital account to revenue account
64. Submission of abstract of accounts
65. Submission of yearly reports and returns
66. Recovery of dues of Authority
67. Annual audit of accounts
68. Power of Auditors
69. Remuneration of Auditor
70. Auditor’s report
71. Authority to remedy defects
72. Auditor’s report to be sent to each Member
73. Publication and transmission of an abstract of the accounts
CHAPTER VI
ACQUISITION AND DISPOSAL OF LAND
Land Acquisition
74. Acquisition and disposal of land
75. Acquisition by agreement
76. Abandonment of acquisition
Betterment Fee
77. Payment of betterment fee
78. Assessment of betterment fee by Authority
79. Authority to give notice to persons liable to payment of betterment fee
80. Agreement to make payment of betterment fee a charge on land
CHAPTER VII
RULES
81. Power to make rules
82. Conditions precedent to making of rules
83. Publication of rules
84. Power to Authority to make regulations
85. Government power to cancel regulation
CHAPTER VIII
SUPPLEMENTAL PROVISIONS
86. [Omitted.]
87. Publication of notification
Legal Proceedings
88. Cognizance of offences
89. Limitation of time for prosecution
90. Powers of Chairman as to institution, etc., of legal proceedings and obtaining legal advice
91. Notice of suit against Authority, etc.
92. Arrest of offenders
Evidence
93.Proof, consent, etc. of authority or Chairman or employee of Authority
Compensation
94.General power of Authority to pay compensation
95.Compensation to be paid by offenders for damage caused by them
CHAPTER IX
PENALTIES
96. Punishment for acquiring share or interest in contract, etc., with the Authority
97. Penalty for removing fence, etc., in street
98. Penalty for failure to remove wall or building in respect of which agreement has been executed
99. Penalty for use of land in Master Plan in contravention of section 23
100. Removal of unauthorised construction
101. Penalty for failure to comply with requisition made by auditor
102. Penalty for obstructing contractor or removing mark
CHAPTER X
CONTROL
103. Powers of the Government to supersede the Authority
Dissolution of Authority
104.Ultimate dissolution of Authority and transfer of their assets and liabilities to the Municipal Committee
 
 

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