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THE KHULNA DEVELOPMENT AUTHORITY ORDINANCE, 1961

(EAST PAKISTAN ORDINANCE NO. II OF 1961).
  Part No : Chapter No : Section No: [ 21st January, 1961  
  
     1 An Ordinance to provide for the development, improvement and expansion of the 2[ city] of Khulna 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 Khulna 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 rehousing 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 seventh day of October, 1958, and having received the previous instructions of the President, the Governor is pleased, in exercise of all powers enabling him in that behalf, 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, or Members
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
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 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, publications and transmission of notice as to improvement scheme and supply of documents to applicants
34.Transmission to Authority 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
37. Power to sanction or reject improvement scheme
38. Notification of sanction to improvement scheme
39. Combination of improvement scheme
40. Width of streets
41. Transfer to Authority for purposes of improvement schemes of building or land vested in a [Corporation, etc.]
42.Taking over of laid out or altered streets by [Corporation]
43. Transfer of any schemes or property of Government or local authority to the Authority
Survey
44.Power to make survey or contribute towards their cost
Power of Entry
45.Power of Entry
CHAPTER V
FINANCE
46. Khulna Development Authority Fund
47.Contribution from [Corporation Fund]
Loans
48. Power of Authority to borrow money
49. Authority to be deemed to be a local Authority
50. Application of money borrowed
51. Limited liability
52. Priority of payments for interest and repayment of loans
Budget Estimate
53.Estimate of income and expenditure
Approval of Government to such estimates
54. Supplementary estimate
55. Adherence to estimate and maintenance of closing balance
56. Receipt of money and deposit in Bank
57. Payment by cheques
58. Signature of cheques
Accounts
59. Management of accounts
60. Credit to capital account
61. Application of capital account
62. Credit to revenue account
63. Application of revenue account
64. Advances from revenue account to capital account
65. Advances from capital account to revenue account
66. Submission of abstract of accounts
67. Submission of yearly reports and returns
68. Recovery of dues of Authority
69. Annual audit of accounts
70. Power of Auditors
71. Remuneration of Auditor
72. Auditor to submit report to the Chairman and Government
73. Authority to remedy defects
74. Authority’s report to be sent to each Member
75. Publication and transmission of an abstract of the accounts
CHAPTER VI
ACQUISITION AND DISPOSAL OF LAND
Land Acquisition
76. Acquisition and disposal of land
77. Acquisition by agreement
78. Abandonment of acquisition
Betterment Fee
79. Payment of betterment fee
80. Assessment of betterment fee by Authority
81. Authority to give notice to persons liable to payment of betterment fee
82. Agreement to make payment of betterment fee a charge on land
CHAPTER VII
RULES
83. Power to make rules
84. Conditions precedent to making of rules
85. Publication of rules
86. Power to Authority to make regulations
87. Power of the Government to cancel regulation
CHAPTER VIII
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. Limitation of time for prosecution
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 Municipality
 
 

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