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Town Improvement (Amendment) Act, 1987

The following Act of Parliament received the assent of the President on 8th July, 1987 (23th Asharh, 1394) and is hereby published for general information

An Act made further to amend the Town Improvement Act, 1953

Whereas it is expedient further to amend the Town Improvement Act, 1953 (E.B. Act of 1953), for carrying out the purposes hereinafter appearing;

Now,therefore, it is herewith enacted as follows:-

1. Short title and commencement.- (1) This Act may be called the Town Improvement (Amendment) Act, 1987.
(2) It shall be deemed to have come into force on 30th April, 1987 (16th Vaishakh, 1394).

2. Amendment of E.B. Act of 1953.- Unless otherwise regulated, everywhere in the Town Improvement Act, 1953 (E.B. Act of 1953), hereinafter referred to as the said Act,-

(a) for the words "Board of Trustees" or the word "Board" the word "Kartripakkha" shall be substituted;
(b) for the word "Municipality" the words "City of Municipality" shall be substituted;
(c) for the words "Provincial Government" or "Central Government" or "Provincial or Central Government" or "Central or any Provincial Government" the word "Government" shall be substituted;
(d) for the word "Trustee" or "trustee" the word "member" shall be substituted;
(e) for the word "rupees" and "Rs." the word Taka" shall be substituted;
(f) for the two words "Municipal Committee" the words "Corporation or Pourashava" shall be substituted;
(g) for the words "Chairman of the Municipal Committee" the words "Mayor of the Corporation or Chairman of the Pourashava" shall be substituted;
(h) for the words "District or Union Council" the words and comma "Zila Parishad, Upazila Parishad or Union Parishad" shall be substituted;
(i) for the words "State Bank of Pakistan" the two words "Bangladesh Bank" shall be substituted;

(a) for the words "Towns Dacca and Narayanganj" the words "Capital of the Republic and Narayanganj and Tongi Municipalities" shall be substituted; and
(b) for the words "Board of Trustees" the word "Kartripakkha" shall be substituted.

(a) for the two words "Dacca Municipality" the two words "Dhaka City" shall be substituted; and
(b) after the two words "Narayanganj Municipality" and after the two words "Tongi Municipality" and the words "the vicinity of" the words "the said City and" shall be inserted.

(a) for the clauses (a) and (b) the following clauses shall be substituted, namely:-

"(a) "betterment fee" means the fee declared under section 94 in respect of an increase in the value of land resulting from execution of an improvement or re-housing scheme;
(b) "city" means the Dhaka City;
(c) "Corporation" means the Dhaka Municipal Corporation;"

(b) for the clauses (e), (ee) and (eee) the following clause shall be substituted, namely:-

"(e) "Deputy Commissioner" includes an Additional Deputy Commissioner, and also a Upazila Nirbahi Officer or an Assistant Commissioner authorised by the Deputy Commissioner to exercise any power conferred, or to perform any duty imposed, on the Deputy Commissioner by or under this Act;"

(c) for the clauses (g), (h) and (hh) the following clauses shall be substituted, namely:-

"(g) "Kartripakkha" means the Kartripakkha constituted under section 4;
(h) "member" means a member of the Kartripakkha;
(hh) "Municipality" means the Narayanganj Municipality or the Tongi Municipality."

(d) for the clause (j) the following clauses shall be substituted, namely:-

"(j) "Pourashava" means Narayanganj Pourashava or Tongi Pourashava;
(jj) "Prescribed" means prescribed by rules or regulations made under this Act;"

(e) clause (m) shall be abolished;
(f) for clause (q) the following clauses shall be substituted, namely:-

"(q) "Upazila Parishad" means the Upazila Parishad of a Upazila in which this Act is in force;
(r) "Union Parishad" means the Union Parishad of a Union in which this Act is in force;
(s) "Zila Parishad" means the Zila Parishad of a district in which this Act is in force;"

7. Substitution of the sections 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20.- For the sections 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20 of the said Act the following sections shall be substituted, namely:-

"4. Kartripakkha.- (1) The Kartripakkha shall consist of a Chairman and not more than five other members.
(2) The Chairman and other members shall be appointed by the Government on suchh terms and conditions as it may determine.
(3) The Chairman and other members shall be whole-time officers of the Kartripakkha.
(4) The Chairman shall be the chief executive officer of the Kartripakkha.
(5) The Chairman and other members shall exercise such powers and perform such functions as may be prescribed, or as may be assigned to them by the Government from time to time.
(6) If a vacancy occurs in the office of the Chairman or if the Chairman is unable to discharge the functions of hios office on account of absence, illness or any other cause, the Government shall make such arrangement for discharging the functions of the office of Chairman as it may consider expedient.

5. Meetings of the Kartripakkha.- (1) The meetings of the Kartripakkha shall be held at such times and places as may be prescribed;
Provided that, until so prescribed, such meetings shall be held at such times and places as may be determined by the Chairman.
(2) To constitute a quorum at a meeting of the Kartripakkha, the number of members present shall be two, if the Kartripakkha consists of not more than three members, and three, if the Kartripakkha consists of more than three members.
(3) All meetings of the Kartripakkha shall be presided over by the Chairman and, in his absence, by a member authorised in writing by the Chairman.
(4) At a meeting of a Kartripakkha, each member shall have one vote and, in the event of equality of votes, the person presiding shall have a second or casting vote.
(5) No act or proceeding of the Kartripakkha shall be invalid or be called in question on the ground of any vacancy in, or any defect in the constitution of, the Kartripakkha."

9. Abolishment of the sections 22, 23, 24 and 25 of E.B. Act XIII of 1953.- The sections 22, 23, 24 and 25 of the said Act shall be abolished.

10. Amendment of section 31 of E.B. Act XIII of 1953.- The words, number, comma, brackets and letter "Prescribed in section 20, clause (h)" in section 31 of the said Act shall be abolished.

11. Amendment of section 33 of E.B. Act XIII of 1953.- In the said Act, in section 33 including the marginal note for the word "rules", wherever mentioned, the word "regulations" shall be substituted.

12. Amendment of section 34 of E.B. Act XIII of 1953.- For the first proviso of section 34 (1) of the said Act the following proviso shall be substituted, namely:-
"Provided that prior approval of the Government shall be necessary for creation of posts carrying pay in a scale above the Modified New Scales of Pay of Tk. 2800-4425".

13. Abolishment of section 35 of E.B. Act XIII of 1953.- Section 35 of the said Act shall be abolished.

14. Amendment of section 37 of E.B. Act XIII of 1953.- For sub-section (1) of section 37 of the said Act the following sub-section shall be substituted, namely:-
"(1) The Chairman may, by general or special order in writing, delegate to any member or officer of the Kartripakkha any of the Chairman's powers, duties or functions under this Act or any rule or regulation made thereunder except those conferred or imposed upon or vested in him by sections 27, 29 and 31.".

15. Amendment of section 43 of E.B. Act XIII of 1953.- In section 43 of the said Act for the words, comma and number "Municipal Administration Ordinance, 1960" the words, comma, number and brackets "Pourashava Ordinance, 1977 (XXVI of 1977)" shall be substituted.

16. Amendment of section 51A of E.B. Act XIII of 1953.- In section 51A of the said Act for the word "Municipal", wherever it may be mentioned, the words "City or Municipal" shall be substituted.

17. Amendment of section 51C of E.B. Act XIII of 1953.- In section 51C of the said Act for the word "Municipal", twice mentioned, the words "City or Municipal" shall be substituted.

18. Amendment of section 55 of E.B. Act XIII of 1953.- In section 55 of the said Act for the words "Chairman of the Muncipal Committee or the District or Union Council" the words and commas "Mayor of the Corporation or Chairman of the Pourashava, Zilla Parishad, Upazila Parishad or Union Parishad" shall be substituted.

19. Amendment of section 64 of E.B. Act XIII of 1953.- Sub-section (3) of section 64 of the said Act shall be abolished.

20. Amendment of section 67 of E.B. Act XIII of 1953.- The words, numbers and comma "under the provision of section 7 of the Municipal Administration Ordinance, 1960" in section 67 of the said Act shall be abolished.

21. Amendment of section 77 of E.B. Act XIII of 1953.- In section 77 of the said Act,-

(a) for the words, comma and number "Municipal Administration Ordinance, 1960" in sub-section (1) the words, commas, numbers and brackets "Pourashava Ordinance, 1977 (XXVI of 1977), and the Dacca Muncipal Corporation Act, 1974 (LVI of 1974) shall be substituted.
(b) for sub-section (6) the following sub-section shall be substituted, namely:-

(6) The Chairman or any other member or any officer of the Kartripakkha, from such date as the Government may, by notification declare, shall be deemed to be only "authorised officer" within the meaning of clause (a) of section 2 of the Building Construction Act, 1952 (E.B. Act II of 1953, which Act shall be deemed to be modified to that extent so far as it relates to the area within the Jurisdiction of the Kartripakkha.".

"79. Power to acquire and dispose of land.- (1) The Kartripakkha may for carrying out the purposes of this Act, acquire, by purchase, lease, exchange or otherwise, any land or interest in land and dispose of by sale, lease, exchange or otherwise, such land or any interest in land.
(2) The acquisition of any land or interest in land for the Kartripakkha under this section, or for any scheme under this Act, shall be deemed to be an acquisition for a public purpose within the meaning of the Aquisition and Requisition of Immovable Property Ordinance, 1982 (II of 1982), and the provisions of the said Ordinance shall apply to all such proceedings.".

24. Amendment of section 95 of E.B. Act XIII of 1953.- For the sub-sections (2), (3) and (4) of section 95 of the said Act the following sub-sections shall be substituted, namely:-

"(2) The Kartripakkha shall then assess the amount of betterment fee payable by each person concerned after giving such person an opportunity to be heard.
(3) Any person aggrieved by the assessment made by the Kartripakkha under sub-section (2) may, within thirty days from the date of such assessment, appeal to the Government whose decision thereon shall be final."

26. Amendment of section 97 of E.B. Act XIII of 1953.- In section 97 of the said Act,-

(a) the words, number and comma "or section 96, as the case may be." shall be abolished; and
(b) for the word "five" the word "ten" shall be substituted.

(a) for the word "five" in sub-section (1) the word "ten" shall be substituted;
(b) sub-section (3) shall be abolished.

29. Amendment of section 102 of E.B. Act XIII of 1953.- The clauses (a), (b) and (c) of the second paragraph of section 102 of the said Act shall be abolished.

30. Substitution of section 103 of E.B. Act XIII of 1953.- For section 103 of the said Act the following section shall be substituted, namely:-

"103. Contribution from Corporation or Pourashava Fund.- (1) The Corporation or Pourashava shall pay from the Corporation or Pourashava Fund to the Kartripakkha on the first day of each quarter a sum equivalent to one-half percent per quarter on the annual value of buildings and lands determined under the provisions of the Dacca Municipal Corporation Act, 1974 (LVI of 1974), or the Pourashava Ordinance, 1977 (XXXVI of 1977), as it stood on the first day of the last preceeding quarter.
(2) The Corporation or Pourashava contributions prescribed by sub-section (1) shall be expenditure charged on the Corporation or Pourashava Fund.".

32. Amendment of the section 116 and 117 of E.B. Act XIII of 1953.- For the word "Trustees" in the sections 116 and 117 of the said Act the word "trustees" shall be substituted.

33. Amendment of section 118 of E.B. Act XIIIof 1953.- For the words and comma "Accountant General, East Pakistan" and the word "Accountant General", twice mentioned, in section 118 of the said Act the word "Auditor-General" shall, in every such case, be substituted.

34. Amendment of section 119 of E.B. Act XIII of 1953.- In section 119 of the said Act,-

(a) in clause (c) of sub-section (1)-

(i) for the words "Accountant-General of East Pakistan" the word "Auditor-General" shall be substituted;
(ii) for the words "Municipal Funds to the said Accountant-General" the words "the Corporation or Pourashava Fund to the Auditor-General" shall be substituted, and

(b) in sub-section (2)-

(i) for the words and comma "Accountant-General, East Pakistan" the word "Auditor-General" shall be substituted;
(ii) for the words and commas and the number "under section 36 of the Municipal Administration Ordinance, 1960, direct the Municipal Committee to increase the tax on the annual value of buidings and land leviable under that Ordinance" the words "direct the Corporation or Pourashava to increase the tax on the annual value of buildings and lands leviable by them" shall be substituted.

"120. Procedure if the Mayor of the Corporation or Chairman of the Pourashava fails to make any payment due to the Kartripakkha.- If the Mayor of the Corporation or Chairman of the Pourashava fails to make any payment as required by section 103 or section 119, the Government may attach the Corporation or Pourashava Fund, and may direct the Corporation or Pourashava to increase the tax on the annual value of buidings and lands levied by them to such extent as may be necessary for the purpose of making such payment."

37. Abolishment of section 126 of E.B. Act XIII of 1953.- Section 126 of the said Act shall be abolished.

38. Amendment of section 128 of E.B. Act XIII of 1953.- In clause (b) of section 128 (3) of the said Act the comma and words ", or under an award of the Tribunal" shall be abolished.

39. Amendment of section 129 of E.B. Act XIII of 1953.- In section 129 (2) of the said Act for the words "Trustees for the Improvement of Dacca" the words "Rajdhani Unnayan Kartripakkha" shall be substituted.

40. Amendment of section 130 of E.B. Act XIII of 1953. In clause (a) of section 130(1) of the said Act for the word "Dacca" the word "Dhaka" shall be substituted.

41. Substitution of section 132 of E.B. Act XIII of 1953.- For section 132 of the said Act the following section shall be substituted, namely:-

"132. Signing of orders under section 130 and cheques.- All orders for making any deposit, investment, withdrawal, or disposal under section 130, and all cheques referred to in section 131 shall be signed by the Chairman and a member authorised by the Kartripakkha or an Officer of the Kartripakkha to be specified by it:
Provided that the Chairman may with the approval of the Kartripakkha, empower any member to sign the cheques in his place if the amount of cheque does not exceed one lac Taka."

43. Amendment of section 134 of E.B. Act XIII of 1953.- In section 134 of the said Act,-

(a) in sub-section (1),-

(i) for the clauses (a) and (b) the following clause shall be substituted, namely:-
"(a) the salary and other remuneration of the Chairman and members;"
(ii) the clauses (e) and (f) shall be abolished;

(b) sub-section (2) shall be abolished.

(a) in clause (a) for the words and numbers and the comma "sections 92, 94 and 99" the word and number "section 94" shall be substituted; and
(b) in clause (f) for the word "any" the word "the" shall be substituted.

46. Amendment of section 139 of E.B. Act XIII of 1953.- In sub-section (1) of section 139 of the said Act for the words, comma and number "Municipal Administration Ordinance, 1960" the words, commas and numbers "Dacca Municipal Corporation Act, 1974 (LVI of 1974), and the Pourashava Ordinance, 1977 (XXVI of 1977)" shall be substituted.

47. Amendment of section 151 of E.B. Act XIII of 1953.- The clauses (1) and (2) of section 151 of the said Act shall be abolished.

48. Amendment of section 152 of E.B. Act XIII of 1953.- In section 152 of the said Act,-

(a) for the word "rules" in the marginal note the word "regulations" shall be substituted;.
(b) for the word "rules" at its first occurrence in sub-section (1) the word "regulations" shall be substituted;
(c) in sub-section (2),-

(i) for the word "rules" the word "regulations" shall be substituted;
(ii) the clauses (a), (b) and (c) shall be abolished; and

(d) in sub-section (3),-

(i) for the word "rule" the word "regulation" shall be substituted, and
(ii) for the words "five hundred rupees" and "fifty rupees" the words "one thousand Taka" and "one hundred Taka", respectively, shall be substituted.

(a) in the marginal note and in the whole section, except clause (b), for the word "rules" the word "regulations" shall be substituted;
(b) the words, brackets and numbers "or (in the case of rules made under section 33 or section 152)" shall be abolished, and
(c) for the words "two annas" in clause (d) the words "one Taka" shall be substituted.

51. Amendment of section 155 of E.B. Act XIII of 1953.- In section 155 of the said Act,-

(a) in the marginal note after the word "rule" the words "or regulation" shall be inserted; and
(b) after the word "rule" at its second and third occurrence the words "or regulation" shall be inserted.

53. Amendment of section 158 of E.B. Act XIII of 1953.- In section 158 of the said Act, including its marginal note, for the word "rule" the word "regulation" shall be substituted.

54. Substitution of section 159 of E.B. Act XIII of 1953.- For section 159 of the said Act the following section shall be substituted, namely:-

"159. Members, etc. deemed public servant.- Every member or every employee of the Kartripakkha shall be deemed to be a public servant within the meaning of section 21 of the Penal Code, 1860 (Act XLV of 1860)."

56. Amendment of section 163 of E.B. Act XIII of 1953.- In section 163 of the said Act for the word "Municipality" the words "City or Municipality" shall be substituted.

57. Amendment of the sections 165, 166, 167, 168 and 169 of E.B. Act XIII of 1953.- In the sections 165, 166, 167, 168 and 169 of the said Act, for the word "rule", wherever it occurs, the words "rule or regulation" shall be substituted.

58. Amendment of section 170 of E.B. Act XIII of 1953.- In section 170 of the said Act,-

(a) in sub-section (1), for the words "Superintendent of Police and his" the words "Police Commissioner and Superintendent of Police and their" shall be substituted;
(b) in sub-section (2),-

(i) for the words "Superintendent of Police" the words "Police Commissioner and Superintendent of Police" shall be substituted, and
(ii) for the word "rule" the words "rule or regulation" shall be substituted.

60. Abolishment of section 173 of E.B. Act XIII of 1953.- Section 173 of the said Act shall be abolished.

61. Amendment of the sections 174, 175, 176, 177, 178, 179 and 181 of E.B. Act XIII of 1953.- In the sections 174, 175, 176, 177, 178, 179 and 181, for the word "rule" the words "rule or regulation" shall be substituted.

62. Amendment of section 182 of E.B. Act XIII of 1953.- In section 182 of the said Act,-

(a) the words, commas, brackets and numbers "not being a share or interest such as, under sub-section (2) of section 10, it is permissible for a Trustee to have without being thereby disqualified for being appointed a Trustee" shall be abolished and
(b) the word "Pakistan" shall be abolished.

64. Amendment of section 184 of E.B. Act XIII of 1953.- In section 184 of the said Act, for the words "five hundred", "fifty", "one hundred" and "ten" the words "five thousand", "five hundred", "one thousand" and "one hundred", respectively, shall be substituted.

65. Amendment of section 185 of E.B. Act XIII of 1953.- In section 185 of the said Act, for the words "one hundred", "twenty", "ten" and "five" the words "one thousand", "two hundred", "one hundred" and "fifty", respectively, shall be substituted.

66. Amendment of section 186 of E.B. Act XIII of 1953.- In section 186 of the said Act, for the words "one hundred" and "ten" the words "one thousand" and "one hundred" shall be substituted.

67. Amendment of section 188 of E.B. Act XIII of 1953.- In section 188 of the said Act, for the words "one hundred" and "fifty" the words "one thousand" and "five hundred" shall be substituted.

68. Amendment of section 189 of E.B. Act XIII of 1953.- In section 189 of the said Act,

(a) for the word "rule", twice mentioned, the words "rule or regulation" shall be substituted, and
(b) for the words "two hundred" the words "two thousand" shall be substituted.

70. Abolishment of the sections 191B and 192 of E.B. Act XIII of 1953.- The sections 191B and 192 of the said Act shall be abolished.

71. Amendment of section 193 of E.B. Act XIII of 1953.- In section 193 of the said Act the word "Bengal" shall be abolished.

72. Abolishment of the Schedule of E.B. Act XIII of 1953.- The Schedule of the said Act shall be abolished.

73. Supplementary provision.- Notwithstanding anything contained in any other law for the time being in force, upon the commencement of this Act,-

(a) for the name "Dhaka Improvement Trust" in any law, rule, regulation, notification, order or document in force immediately before such commencement the name "Capital Development Authority" shall, unless the context requires otherwise, be substituted;
(b) all kinds of property, assets, rights and liabilities and obligations of the Dhaka Improvement Trust shall be deemed to be property, assets, rights and liabilities and obligations of the Capital Development Authority;
(c) all contracts or agreements entered into by or with the Dhaka Improvement Trust shall be deemed to have been entered into by or with the Capital Development Authority;
(d) all prosecutions, suits or other legal proceedings instituted by or against the Dhaka Improvement Trust shall be deemed to be prosecutions, suits or legal proceedings instituted by or against the Capital Development Authority;
(e) all warrants of arrest and orders of attachment pending under the said Act immediately before such commencement shall be unaffected as if this Act had not been made and issued, and shall be executed thereunder;
(f) the Tribunal established under the said Act shall be abolished and all proceedings pending before the said Tribunal shall be transferred to the Arbitrator appointed under the Acquisition and Requisition of Immovable Property Ordinance, 1982 (II of 1982), but the said proceedings shall be settled in such manner as if this Act had not been made and issued;
(g) all appeals under the said Act pending before any Court shall be unaffected as if this Act had not been made and issued.

74. Repeal and savings.- (1) The Town Improvement (Amendment) Ordinance 1987 (IV of 1987) stands herewith repealed.
(2) Notwithstanding such repeal, all actions done or measures or proceedings taken under the said Act amended by the said Ordinance shall be deemed to have been done or taken under the said Act amended by this Act.