Technical Assistance Consultant’s Report€¦ · So far as I have been able to discover, the first text on Indian Administrative Law was published in 19623. There are now upwards

Technical Assistance Consultant’s Report

Project Number: 39298 December 2012

Bangladesh: Strengthening Regional Planning and Governance (Financed by the TA Special Fund)

Prepared by: Halcrow Group Limited, UKG

For Rajdhani Unnayan Kartripakkha (RAJUK)

This consultant’s report does not necessarily reflect the views of ADB or the Government concerned, and

ADB and the Government cannot be held liable for its contents.

Asian Development Bank

Government of Bangladesh

TA 7641-BAN: Strengthening Regional Planning and Governance

Final Report

Volume 2. Component A: Proposed Town Improvement (Amendment) Act

December 2012

Halcrow Group Limited

in association with BCL Associates Ltd, Dhaka


A CH2M HILL Company

Vineyard House 44 Brook Green London W6 7BY

Tel +44 (0)20 7602 7282 Fax +44 (0)20 7603 0095

www.halcrow.com

Halcrow has prepared this report in accordance with the

instructions of its client, Asian Development Bank, for its sole and

specific use. Any other persons who use any information contained

herein may do so at their own risk.

© Halcrow 2012

Asian Development Bank

Government of Bangladesh

TA 7641-BAN: Strengthening Regional Planning and Governance

Final Report

Volume 2. Component A: Proposed Town Improvement (Amendment) Act

December 2012


in association with BCL Associates Ltd, Dhaka


A CH2M HILL Company

Vineyard House 44 Brook Green London W6 7BY

Tel +44 (0)20 7602 7282 Fax +44 (0)20 7603 0095

www.halcrow.com

Halcrow has prepared this report in accordance with the

instructions of its client, Asian Development Bank, for its sole and

specific use. Any other persons who use any information contained

herein may do so at their own risk.

© Halcrow 2012

Commentary on the Proposed TI(Amendment) Act

1 ADB TA7841-BAN: Strengthening Regional Planning and Governance Final Report, Volume 2. Component A: Proposed TI(Amendment) Act, Halcrow/BCL, December, 2012.

Contents

This Volume is in two parts:

Part 1 provides a commentary on the Draft Bill for a proposed Town

Improvement (Amendment) Act. A table at the end of the commentary

provides a side by side comparison between the existing TIA and the

proposed TI(A)A.

Part 2 presents the Draft Bill in full.

As a result of comments received from RAJUK and others on the TI(A)A

presented in the Draft Final Report, this final version contains the following

changes:

• Section 4: non-RAJUK members of RAJUK Board limited to 5 who would

serve on a 2 year rotating basis.

• Various sections: all references to the Executive Committee referred to

in the DFR version have been deleted.

• Section 11: provision to appoint RAJUK Advisory Committee.

• Section 54: time limit for public hearings into draft plans.

• Section 73. Development Obligations: provision added to impose

obligation on developers to allocate quotas on land / housing for the

urban poor. (end subsection 2)

• Section 76: subsection added to make land readjustment provisions

applicable to other local authorities.

• Section 112: provision added to enable Town Development Committee

to act as Advisory Committee until one is appointed under section 11.



Part 1: A Commentary on the Draft Bill for a Proposed Town Improvement (Amendment) Act

Introduction

1. This commentary is designed to introduce and explain the thinking and the main principles

behind the proposed draft Town Improvement (Amendment) Act (TI(A)A) drafted as a part of the

Asian Development Bank/Government of Bangladesh TA 7641-BAN: Strengthening Regional

Planning and Governance. In the words of the Interim Report:

The overall aim of SRPG is to ‘streamline and strengthen the institutional

frameworks of regional planning and governance’ and thereby address the

institutional issues that currently contribute to making Dhaka one of the least

liveable cities in the world and are seriously compromising its future sustainable

development…[Among] the most important of these issues…[is] considered to be

… the inadequate legal framework for effective urban planning.

2. It is necessary to set out what in the consultant’s opinion have been the major problems in

drafting the new law. First has been inability for the consultant to engage in any sort of day-to-day

contact with planners and lawyers in Bangladesh during the drafting process. In other consultancies

which have involved drafting new planning or local government laws, the consultant worked in the

country concerned and so was able to have daily contact with practitioners and others who could

comment on the draft and give pertinent advice on the spot. This has not been possible with the

drafting of this law The consultant did however pay very careful attention to the information which has

been fed into the Inception and Interim reports and to the translations of laws provided by his

counterpart, Dr Idris Bhuiyan.

3. It should be emphasised that this draft Bill should not be seen as a final product. It will need

careful and detailed scrutiny by experts in planning law and those responsible for drafting

Bangladesh’s legislation prior to finalisation and enactment.

4. The second problem is quite simply what may be referred to as a relative lack of any tradition

or culture of administrative law in Bangladesh. Administrative law deals with the control of the

exercise of powers by executive authorities.1 To all intents and purposes it is a branch of law which

has come into prominence in the post 1945 world with the very rapid growth of the modern democratic

state which took on various roles of social welfare, economic development and urban and

environmental planning. The first text on English administrative law was published in 19522. So far as

I have been able to discover, the first text on Indian Administrative Law was published in 19623. There

are now upwards of a dozen or so books on Indian Administrative Law, many being in their 6th or 7

th

edition, the foremost one being the two volume work by the Jains4. These books chart the

development of administrative law and the growth of principles which inform the drafting of laws on

the powers and duties of public authorities and the legal frameworks and concepts which regulate the

manner in which these powers and duties must be exercised. By way of contrast, the three texts on

administrative law in Bangladesh date from 1990, 1997 and 2005 respectively, with only the two latter

1 Justice Markendey Katju (2005) Administrative Law and Judicial Review of Administrative Action

8 SCC (J) 25. Lecture

delivered in the "Nain Singh Memorial Lecture" held on 26-9-2005 at the Uttaranchal Academy of Administration, Nainital, Uttaranchal. The description of what administrative law is is taken from the 9

th edition of Wade’s Administrative Law, the leading

textbook on English administrative law.

2 J.A.G Griffith and H. Street (1952) Principles of Administrative Law, London, Pitman.

3 M. C. J. Kagzi (1962) The Indian Administrative Law, New Delhi, Tripathi.

4 M.P Jain and S.N Jain (2011) Principles of Administrative Law, 7

th edition.



being solely on administrative law in Bangladesh.5 The subject then is relatively undeveloped in

Bangladesh.

5. Thus in coming to the business of drafting a law to amend the Town Improvement Act 1953,

the consultant was faced with a dilemma. Should any amendment be couched in the same form as

the old ‘colonial’ TIA (a law based on the Calcutta Improvement Act of 1911) which made few

concessions to democratic public administration or made any real effort to provide a structure of

administrative law to regulate the exercise of powers of the Dhaka Improvement Trust or its

successor, Kartripakkha. The same dilemma applies to the Building Construction Act 1952 under

which the Dhaka Metropolitan Building (Construction, Development, Conservation and Removal)

Rules 2008 were promulgated. These rules although much more recent than the TIA exhibit the same

rather casual approach to the exercise of public power as does the TIA.

6. The alternative approach would be for an amending law to pay proper attention to the general

principles of administrative law even if, as will inevitably be the case, the exercise of powers by public

agencies will be much more carefully circumscribed and involve much more public involvement in

their exercise (and so may appear to be slower to achieve a result) than existing powers? Many of the

criticisms of Kartripakkha however, are, when analysed in terms of administrative law and justice, that

the authority and its officers do not have regard to general principles of administrative law and they do

not have this regard precisely because they do not have to: their constituent Act does not require it,

the national administrative tradition and culture does not require it; and, given the relative paucity of

literature on the subject, there is little knowledge of what, if any, judicial decisions might require in the

way of adherence to administrative law6.

7. In these circumstances, and having regard both to the international dimension of the SRPG

project, to the rapidly developing international ’soft’ law on urban planning derived from UN-Habitat

and in particular the UN City Summit of 1996 and its outcomes, the Habitat Agenda, and the Global

Plan of Action and to the increasing stress being placed by international agencies on the Rule of Law7

(which embraces the importance of public agencies acting in accordance with principles of

administrative justice), there appeared to be only one appropriate approach to amending the TIA: any

new law must comply with the generally accepted principles of administrative law. If this means that

there are two different approaches to urban planning and governance within the RAJUK area of

jurisdiction, the solution is to revise and rewrite the existing TIA and Building Construction Act to bring

them into line with modern democratic approaches to urban governance as set out in the TI(A)A.

5 M.A Fazal (1990) Judicial Control of Administrative Action in India, Pakistan and Bangladesh: A Comparative Study.

Allahabad, The Law Book Company (P) Ltd. This book, based on an Oxford University D.Phil was first published in 1969 and dealt only with India and Pakistan. Bangladesh is a bit of an afterthought. The two books dealing exclusively with administrative law in Bangladesh are: S.M.H. Talukder (1997) Development of Administrative Law in Bangladesh: Outcomes and Prospects; Dhaka, Bangladesh Law Researchers Association; G. O. Faruque (2005) Method of judicial control of administrative action in Bangladesh: principle and practice, Dhaka, New Warsi Book Corp. Neither of these latter two books are in the law library of the School of Oriental and African Studies, University of London so I have not been able to consult them.

6 A good example is the Supreme Court decision of 1999 in ASK v. Government of Bangladesh which has been largely

ignored. The summary of the case states:

The inhabitants of a large number of informal settlements in Dhaka City were evicted without notice and their homes were demolished by bulldozers. Two inhabitants and three NGOs lodged a complaint. Referring to the decision of the Supreme Court of India in Olga Tellis v Bombay Municipal Council , the Supreme Court found that the right to livelihood could be derived from constitutional fundamental rights, including the rights to life, respect for dignity and equal protection of the law. The Court held that the State must direct its policy towards ensuring the provision of the basic necessities of life, including shelter, a directive principle enshrined in the Constitution (Article 15). While such directive principles are not judicially enforceable, the Court held that the right to life included the right not to be deprived of a livelihood and shelter. The Court ordered the government to develop master guidelines or pilot projects for the resettlement of the slum dwellers. A plan to evict slum dwellers should provide for evictions to occur in phases, according to a person’s ability to find alternative accommodation, and reasonable time should be provided before the eviction. There is no evidence that Kartripakkha complies with this ruling.

7 World Bank: The Rule of Law and Development: http://go.worldbank.org/9OTC3P5070



8. The third problem in drafting a TI(A)A was to decide how much of the TIA to replace and how

much to leave more or less untouched, notwithstanding that it might have an old-fashioned air about

it. Here the test had to be the terms of reference for the SRPG: the need for “new legislation to

strengthen the planning system and improve the effectiveness of RAJUK’s operations”. RAJUK’s

operations cover more than the planning system and many of the provisions of the TIA are matters of

general and financial administration. Unless these could be related in some way to urban planning, it

was decided to leave them be. This applies particularly to Chapters VI of the TIA on Finance: ss. 103

– 150; VII on Rules: ss. 151 – 158; and most of VIII Supplemental Provisions: ss. 159 – 193 though

the provisions on Penalties (ss. 182 – 189) are supplemented. The principal changes and

amendments are to Chapter II – The Kartripakkha, ss. 3 – 37 – and Chapter III – Improvement

Schemes and Rehousing Schemes, ss. 38 – 77 which is entirely replaced. If the amending Act or

most of it is acceptable, the two Acts should be brought together as one Act in a consolidated version

of the law.

9. The commentary will turn summarise and explain the provisions of each chapter of the draft

TI(A)A.

Chapter I: Preliminary; sections 1 – 3

10. This chapter follows the structure and most of the content of chapter I of the TIA. The main

difference is in the definitions which naturally refer to the words used in the TI(A)A. With respect to the

definitions of “area planning agency” and “development control agency”, these are taken from the

draft Urban and Regional Planning Act 2012 and these too determine the derivatives of these

definitions. Some other definitions are taken from the Dhaka Metropolitan Building (Construction,

Development, Conservation and Removal) Rules 2008. Several definitions are adapted from other

urban planning legislation with which the consultant is familiar or which he was involved in drafting

(and which have since been enacted). Chief amongst these is the Planning and Development Act

2004 of Mauritius whose repealed Town and Country Planning Act was of the same vintage – 1954 –

as the TIA.

Chapter II: The Kartripakkha; sections 4 – 46

11. This chapter contains very fundamental changes to the organisation and functions of

Kartripakkha. In doing so it has paid close attention to the many concerns voiced by informants of the

existing organisation and functions; the lack of clarity of functions and who did what, the secrecy, the

non-involvement of the public and their representatives, the virtual absence of any opportunity to

question or comment or challenge the decisions of Kartripakkha. The organisation of the other three

development authorities – Chittagong, Khulna and Rajshahi – have also been drawn on, all of which

are later in their establishment than Kartripakkha and all of which provide for greater involvement of

other organisations and people in their management and decision-making. In summary, the principal

changes to the existing arrangements of the organisation and management of Kartripakkha provided

for in this draft law are :

• A clear distinction between policy making and major decisions on development which is for the

Board of Kartripahkkha and execution and implementation of policy and day-to-day development

which is for the officers

• An expanded Board of Kartripakkha is established which allows for a wider representation of

interests on the Board and so opens up decision-making to a more participative and rounded

approach.



• The appointment of an Advisory Committee to assist the Board in its work and to provide a

degree of outside oversight of RAJUK’s activities.

• The functions of the Chairman are spelt out and include the duty to keep the public informed of

the operations of Kartripakkha; a Vice-chairman is established and Board members may be

allocated specific tasks by the Chairman. All this will facilitate holding the members of the Board

to account for their actions

• The functions of Kartripakkha are set out in detail; most of these are functions which the authority

already performs but the important duties of openness and participation with respect to its

activities are added.

• Meeting of the Board are to be held in public with the proviso that personnel and disciplinary

matters will be dealt with in closed session

• The detailed rules on meetings of the Board are set out in the Act

• Codes of conduct, a register of interests, the declaration of interests and non-participation in

meetings where matters before the Board conflict with interests of members. This is a clear public

statement that the Board recognises its duties of fairness, openness and right conduct.

• An annual report must be published

• An Office of Internal Supervision is created providing for internal regulation and supervision of the

Board and of Kartripakkha. This consists of an Internal Auditor checking on the management of

the finances of Kartripakkha and an Independent Adjudicator which deals with complaints about

failure of administrative justice and abuse of power by persons in Kartripakkha

• Specific provisions are set out on the officers of Kartripakkha; the Chief Executive Office and the

other Chief Officers have specific functions allocated to them by the Act. The method of

appointment of chief officers will follow the normal method of appointing persons to the public

service. All officers and employees are under a series of general duties to perform their functions

honestly and with due regard to the rights of the citizenry.

12. One argument that may be put against these changes is that it will introduce an undesirable

element of politics into what are essentially technical decisions about planning, development,

construction and their regulation. With due respect to those who put forward such an argument, the

time is long past when decisions about who gets to obtain land, to develop what and where and under

what conditions can be seen as purely technical decisions. They are intensely political decisions

about some people gaining and others losing out from development and rather than try to suppress

this political element, it is important to bring it out into the open so that there can be greater public

understanding of the reasons for and the implications of the decisions reached by Kartripakkha. This

will be an essential first step in restoring public confidence in Kartripakkha.

Chapter III: Planning processes; articles 47 – 64

13. A major deficiency of the existing TIA is the paucity of the provisions on plan-making and the

management of development (this latter as opposed to the management of construction). This and

the next chapter set out to rectify this deficiency in the law. It concentrates very much on processes

and procedures, establishing a legal framework for an open and participative approach to the making

of plans. Apart from sections 46 and 47, which are deliberately very general, the chapter does not

address the substance or content of planning. In summary the chapter provides for:

• The types of plans that may be made; these are taken from the draft Urban and Regional

Planning Act 2012



• The broad content, purpose and objectives of plans

• The principles of public participation and the rights of the citizenry to participate in the making of

plans

• The duties of area planning agencies (defined specifically to include Kartripakkha) to develop

processes of public participation and to encourage and facilitate public participation in the making

of plans

• Procedures for a Review Panel to hold public hearings into draft plans and for the area planning

agency and the Government to give proper consideration to the report of the Review Panel. The

Panel must complete its work within three months.

• Procedures for decision-making on draft plans taking account of all likely possibilities with respect

to acceptance, approval, rejection, or review of plans by different levels of government

• A provision for area planning agencies to prepare ‘supplementary planning statements’ in lieu of

or as a way of updating and revising plans

• Provisions for the delegation of plan making powers by Kartripakkha; either at the request of a

local authority (a “delegated area planning agency”); or of its own motion; or at the direction of the

Government

• The planning functions of Kartripakkha where its planning powers have been delegated; it has the

power to review and comment on plans prepared by delegated area planning agencies

• Appropriate connections are made to the provisions of the draft Urban and Regional Planning Act

2012

Chapter IV: The Management of Development; articles 65 – 75

14. Neither the TIA, nor the Building Construction Act (nor does the draft Urban and Regional

Planning Act 2012) provide any clear legal framework for the management of development. This has

meant that in practice, Kartripakkha has developed its own procedures for handling applications for

permission to develop but these have been subject to much criticism as being unclear, unfair

(different rules apply to proposals for development by Kartripakkha as opposed to proposals for

development by private sector bodies) and not given sufficient publicity. This chapter seeks to provide

a clear framework for handling applications for development and confers important new powers on

Kartripakkha and other development control agencies with respect to the management of

development. The chapter provides for

• A very comprehensive definition of “development” to provide the foundation for the management

of development

• Clear limitations on the meaning of development to enable much relatively minor development of

land to proceed without the need to obtain development permission, thus simplifying processes,

reducing bureaucracy and the temptation to abuse discretion

• Clear and comprehensive arrangements for processes of consultation by development control

agencies with other public sector agencies that might be expected to desire an input into the

consideration of an application for development permission

• Clear and comprehensive arrangements for publicity for development applications and for the

proper consideration of any comments received from the public on any such applications

• Provisions that development control agencies are to meet in public when considering applications

for development permission



• Comprehensive provisions on decision-making by development control agencies on applications

for development permission. These include

o requirements to approve certain types and classes of applications, so limiting discretion and

speeding up decision-making

o setting out the criteria that may be taken into account in determining an application, so

reducing open-ended and potentially liable-to-abuse discretion

o setting out time limits within which decisions on applications must be reached and when

development for which approval has been granted must commence

o allowing for some flexibility in permitting approval to be given to a ‘departure application’

which does not accord with a plan

• setting out a comprehensive list of matters on which conditions may be attached to a

development permission and the criteria that must be taken into account in deciding whether to

attach conditions to a permission

• Providing for an important new power to development control agencies to require an applicant for

development permission to enter into a ‘development obligation’ – a binding contract which

attaches to the land the subject of the application requiring the applicant-developer and any

successor in title to that person or organisation to provide certain additional developments or

facilities or services to the applied-for development in recognition that that development will

impose costs to society which it is reasonable to require the developer to shoulder at least in part.

The scope of a development obligation is provided for in the definition section of the draft Bill.

• Providing for the creation of special development area schemes which are areas where there may

be relaxed and flexible arrangements of development management to facilitate development

15. In the Interim Report, there was a discussion on betterment levy contained in sections 94, 95,

97 and 98 of the TIA which Kartripakkha was keen to activate. It was suggested that while betterment

levy was a sound and fair arrangement in principle – that people whose land has increased in value

as a result of a plan or scheme should pay for some of that betterment via a levy or tax on their land –

in practice, in country after country where it has been introduced, it has proved extremely contentious,

costly and time-consuming to implement. General land taxation would be a more sensible option. A

general overview of betterment and its problems is provided below.

• Betterment, in the legal definition, is an increase in the value of real property through causes

other than the owner's actions toward that property. For example, if the rezoning of an area from

agricultural to residential causes the value of someone's property to rise, then that gain is

classified as betterment. So, in lay terms, a betterment tax is a levy on private property owners

whose lands have gained value due to public property improvements outside of the owner's

control.

• History: the betterment tax has been an issue for governments since the late 19th century. Often

controversial, it is thought to have originated in America, although evidence suggests it emerged

in England in the 17th century with the rebuilding of London after the Great Fire. More recently,

since the idea of betterment spread from America in the late 20th century, the tax has conflicted

with England's usual taxation of occupier, not owner, of lands.

• Effects: the effects of a betterment tax become significant upon closer examination. Basically, the

betterment tax raises other questions about the level of governmental responsibility for shifts in

real property's value. For example, should the government be held accountable for a change

made to public land that results in a lowering of private property value? If the government can tax



private property if it builds a road that increases revenue to a business, should it be held

responsible for building a new road that takes business away?

• Problems: the definition of the term "betterment" becomes hazier since the agents of

improvement might be the government or a tenant of the land; in either case, the government

might tax the extra money gained from the improvement. Thus the tax frequently raises questions

of governmental rights and its ability to assess betterment. For example, if the construction of a

nearby airport raises property values in a neighborhood while air traffic disturbs residents, can the

government classify that as "betterment?

16. However the Report did recognise that there was a need to provide a mechanism to enable

planning and development control agencies to require developers to contribute to the public costs of

their developments – public infrastructure, social infrastructure, public utilities etc. In the UK the

planning laws have developed along these lines over the last 20 or so years and have arrived at the

concept of the ‘community infrastructure levy’ (CIL) or impact fee which allows planning authorities to

raise funds from owners or developers of land undertaking new building projects. It was thought that

this innovation could be adapted for use in the TI(A)A. After a careful review of the legal framework of

the CIL as most recently provided for in the Localism Act 2011 (UK) it was considered that it would not

be sensible to attempt to introduce an untried and immensely complicated arrangement into the law in

Bangladesh. Instead the development obligation, the previous arrangements provided for in the UK

legislation and one that worked pretty well has been provided for in this draft Act.

17. An outline of a possible provision for impact fees is given the following box.

Box. Impact fees – Indicative Provisions

(1) The Government may make regulations providing for the imposition of impact fees.

(2) In making regulations the Government shall aim to ensure that the overall purpose of impact fees is to ensure that costs incurred in providing infrastructure to support the development of an area can be funded (wholly or partly) by owners or developers of land.

(3) A charging authority may charge an impact fee in respect of development of land in its area.

(4) A development control agency is the charging authority for its area.

(5) Regulations must make provision for an owner or developer of land to be liable for paying an impact fee where development is commenced in reliance on development permission

(6) A charging authority which proposes to charge an impact fee must issue a document (a “charging schedule”) setting rates, or other criteria, by reference to which the amount of impact fee chargeable in respect of development in its area is to be determined.

(7) A charging authority, in setting rates or other criteria, must have regard, to the extent and in the manner specified by regulations, to—

(a) actual and expected costs of infrastructure;

(b) matters specified by regulations relating to the economic viability of development which may include, in particular, actual or potential economic effects of development permission or of the imposition of impact fees;

(c) other actual and expected sources of funding for infrastructure.



Chapter V: Land readjustment; sections 76 – 93

18. Provisions on land readjustment have been specifically requested by Kartripakkha. By way of

introduction to this chapter a summary of the process by the foremost authority on land readjustment

in Turkey, a country that makes extensive use of the process, S Sence Turk may be given8:

According to Larsson, the general aim of land readjustment is, through cooperation

between the landowners of an area of land, to adapt its subdivision and facilities to

plans for new or more efficient use of an urban nature. According to Sorensen, land

readjustment is a process whereby ownership of scattered and irregular plots of

agricultural land is pooled, roads and main infrastructure are built, and the land is then

subdivided into urban plots. Each landowner must contribute a portion of their previous

land holding to provide space for roads, parks and other public space and for reserve

land. The attractiveness of the method for landowners is based on the fact that

substantial increases in the value of land can be achieved by process, so that the

value of the individual land holdings can be greatly increased, even though the

remaining area is smaller. The attraction for planning authorities is that projects

provide land for public facilities, and build needed urban infrastructure. According to

Seele, land readjustment is a crucial land management tool in urban planning when

suitable reformation of private land is necessary for residential purposes. According to

Viitanen, the characteristics of urban land readjustment procedure is a change in

existing land use and/or land use intensity with the purpose of producing or

reorganizing built -up areas.

19. The World Bank provides another succinct summary of land pooling (the term is

interchangeable with land readjustment) in its Project Appraisal Document for a significant loan for the

Second Urban Development to the Kingdom of Bhutan in 2010 which was to make extensive use of

the technique:

Land Pooling (LP) is a technique for managing the planned development of urban-

fringe lands, whereby a public agency consolidates a selected group of land parcels,

subdivides them into a layout of streets, open spaces and serviced building plots, and

then distributes the remaining plots back to the landowners to develop or to sell for

development. Each landowner must contribute a portion of their previous land holding

to provide space for public infrastructure systems such as roads and parks but also

social facilities like a school. The original landowners retain title to the majority of their

land, and LP is considered to be less disruptive to the existing community than the

large scale land expropriations and development. In the process, irregular shaped plots

become regularized, making them more suitable for development. Widely used in

Japan, South Korea and Taiwan, China, LP usually leads to substantial increases in

land values even though the remaining plot size is smaller than the original size. LP is

essentially a long process, requiring strong commitment from a public agency in charge

and extensive stakeholder consultations. (underline added)

20. The model that has been used for chapter 5 is the Bhutan Land Pooling Rules 2009 which are

an up-to-date set of rules and as noted, have been accepted by the World Bank as the basis for a WB

funded urban development project. The principal provisions of chapter V are

• Readjustment may be carried out by the residents on an area themselves, forming themselves

into an association for that purpose or by a development control agency which for this purpose

8 S. Sence Turk and Celil Turk (2002) The Use of Land Readjustment as a Land Development Method in Turkey FIG XXII

International Congress Washington, D.C. USA, April 19-26.



will be known as a readjustment agency. The Government may direct a development control

agency to carry out a readjustment project

• Readjustment must be preceded by a feasibility study which must involve the participation of the

residents of the proposed readjustment area. The feasibility study must include preliminary

costings of the project

• Where a readjustment agency is minded to proceed with a readjustment scheme, it must

undertake an extensive programme of public consultation before it can proceed to declare a

readjustment area and may only proceed if not less than 75% of the landowners of the area

concerned sign up to the scheme

• The readjustment agency must negotiate with those landowners who did not agree to the scheme

for at least six months to try and bring them on board but may after that period of six months has

elapsed, use powers of compulsory acquisition of land to buy out those landowners

• Provision is made for transactions that may and may not be taken within a readjustment area

once the area has been declared as such

• A Land Readjustment Consultative Committee consisting of 50% of landowners in the area must

be established for the land readjustment area which will have important duties of consultation and

recommendation- making with respect to the implementation of a land readjustment plan

• A land readjustment plan must be prepared with extensive public involvement from the landowner

and residents of the area. This plan must include a layout plan which sets out the new proposed

layout of the readjusted plots

• The ‘indicative contribution ratio’ which is the proposed amount of land needed for infrastructure

and the likely contribution which landowners will be required to make from their land for that

purpose and its method of calculation is provided for

• The principles which must be used in the reconfiguration of plots are set out

• Provision is made for the resolution of grievances which may be generated by a scheme.

• An amendment to section 76 allows for the possibility of the chapter being applied to any other

local authority area with the approval of the Government.

Chapter VI: Improvement and upgrading of informal settlements; sections 94 – 106

21. This chapter replaces chapter III of the TIA which has long passed its use-by date. Thinking

and action on improvement and upgrading of informal settlements concentrates on improving the

livelihoods and living conditions of people in informal settlements rather than demolition and

resettlement of such persons. Kartripakkha does not have a very progressive or positive record on

dealing with the challenges of the urban poor so some background information on improvement and

upgrading in Bangladesh may be given as it provides the justification and basis for the contents of the

chapter.

22. A large network of international and national NGOs operate in Bangladesh and many have

community development programmes in slums...The government has relatively less engagement in

such programmes but a notable example is the Local Partnerships for Urban Poverty Alleviation

Project (LPUPAP), executed by the Ministry of Local Government, Rural Development & Cooperatives

and implemented by the Local Government Engineering Division (LGED) with funding from the United

Nations Development Programme (UNDP in partnership with UN-HABITAT. The project was

implemented during 2000-07 and has moved into a second phase entitled Urban Partnerships for

Poverty Reduction Project (UPPRP), which plans for more intensive targeting of the extreme poor and



provision of other services such as housing in addition to infrastructure, and augmenting the activities

conducted under the LPUPAP’s first phase. The LPUPAP was targeted to benefit about 360,000

people in 75,000 households living in 338 slum communities and was implemented in three

metropolitan cities – Chittagong, Khulna and Rajshahi – and eight smaller cities or pourashavas (city

councils) - Barisal, Bogra, Gopalganj, Kushtia, Mymensingh, Narayanganj, Hobiganj and Sirajganj.

Through the project, upgrading of basic infrastructure in urban slums was integrated with the broader

aim of building the capacity of the urban poor to alleviate poverty through the processes of:

• Supporting empowerment of the poor by participatory local level action, including community

action planning and management, infrastructure development, skill development, micro-financial

services and technical assistance.

• Activating local government and other organisations to provide more responsive services to the

local communities through multi-sectoral interventions with the facilitation of LGED through local

government authorities9.

23. Given this background, it is clear that Kartripakkha must alter its approach to the urban poor

and this chapter provides the legal basis for this to occur including duties on Kartripakkha to react

positively to initiatives by the urban poor themselves. In summary form, chapter VI provides for

• Its application only to Kartripakkha

• A statement of the objectives of upgrading10

• Provisions for the declaration of an improvement area including a reworking of sections 43 and 44

of the TIA to create a duty on Kartripakkha to respond positively to a request from residents in a

potential improvement area or an NGO concerned with urban poverty to consider declaring the

area to be an improvement area

• The criteria to be considered in determining whether to declare an area to be an improvement

area; basically that the people in the area are a well-settled community who are making efforts to

better themselves and are willing to co-operate in a scheme of improvement

• A process of public involvement and participation modelled on the processes provided for in

chapter V for land readjustment schemes to be undertaken both in considering whether to

proceed to declare an improvement area and in the preparation of an improvement scheme for

the area so declared

• The contents of an improvement scheme. These include arrangements for the involvement of

local authorities, of the people in the area; assessment and payment of compensation to any

persons or families who might have to move; land readjustment; and a budget for the scheme

• The establishment of an improvement area committee consisting of local authority councillors,

residents from the area and representatives from relevant NGOs which will be involved in working

with officers in the implementation of the improvement scheme

• The roles and duties of officers in implementing an improvement scheme

• Provision is made for the resolution of grievances which may be generated by a scheme

9I. Ahmed (2011) Local Partnerships for Urban Poverty Alleviation Project (LPUPAP), BANGLADESH in Building Urban Safety

through Slum Upgrading, Nairobi, UN-Habitat 10

Based on P Wakely (2009) Approaches to Low-Income Housing. Draft of a Quick Guide, Nairobi, UN-Habitat



Chapter VII: Committees; sections 107 – 114

24. The contents of this chapter are a reworking of chapter 3 Rules 30 – 40 of the Dhaka

Metropolitan Building (Construction, Development, Conservation and Removal) Rules 2008. There

are some general points that need to be made about the committees which can be addressed here.

These concerns have been described in Section 5.3.

25. The primary conclusion was that the two committees (the Town Development Committee

(TDC) and the Large Development Committee (LDC)) should be established within the TI(A)A as this

will remove the taint of probable illegality from these two committees. The approval committee for

LDCs is a good innovation and some slight amendments are made to the provisions to ensure that

RAJUK is not approving its own LDCs. Most of the content of the Rules which have been transposed

to the draft Act have been retained even when it is not clear what they mean so what will be noted

here are the changes which have been introduced and the reasons for them:

• Provisions to exclude members and officers of Kartripakkha from voting on an application from

Kartripakkha for a large and specialised project (LSP) have been introduced into the law

• Provisions for consultation on LSP have been written into the law.

• Meetings of the approval committee for LSP must be held in public

• the composition of the Town Development Committee (TDC) has been increased by the addition

of three members from civil society organisations with expertise in the areas of urban planning

and development or urban poverty

• Meetings of the TDC must be held in public

• The TDC is given a specific mandate to review the operations and performance of Kartripakkha

and produce a quarterly report on its review

• The role of the TDC in dealing with appeals has been deleted. Appeals are provided for in chapter

X

• The TDC will act as an advisory committee until such time as an advisory committee is created

under section 11.

Chapter VIII: Compliance; sections 115 – 123

26. As noted earlier, neither the TIA, nor the Building Construction Act nor rules made thereunder

contain any clear or coherent provisions on compliance with the provisions on the management of

development. This chapter sets out the basic framework for the process of compliance, a term which

is preferred to ‘enforcement’ of ‘planning control’. Key provisions are:

• The provision of a time limit on taking compliance action; such action must be taken within six

years of the infringement of the provisions of the management of development. It is unreasonable

to take such action 8, 10 or more years after some infringement has occurred

• The provision of a warning notice which must precede any compliance action. A warning notice

alerts the developer/landowner of a possible breach of the law and the need to rectify it. Not all

breaches are deliberate and even where there is a suspicion that one might be, it is still sensible

to seek compliance from the malefactor before proceeding to take compliance action

• The process of serving and the content of a compliance notice are set out

• The criteria that must be considered before a compliance notice is served are set out in the law. It

is not every breach of the law which should automatically trigger compliance action; some

braches can be rectified without such action; some minor ones can be overlooked



• A person on whom a compliance notice has been served may request the development control

agency to reconsider the notice

• The wide range of powers that a development control agency may use to compel compliance with

a compliance notice are set out. Not all powers are enforcement powers; even after a notice has

been served, there should still be scope for consensual compliance

• A stop development notice is provided for in the law. This is needed where serious and significant

non-compliance with the law is occurring with possible grave economic, environmental or social

damage on a wide scale. Such a notice requires immediate cessation of illegal development. The

notice is not to be used for minor infringements of the law or to try and get rid of informal

settlements

• Provision is made for a development control agency to have the power to require a person who

appears to be in breach of the law with an illegal or non-conforming development to apply for a

grant of development permission. Such a grant would have retrospective effect and may be

accompanied by a levy or ‘fine’ in recognition of the prior illegality

• The provisions of this chapter shall apply to the powers of the TDC in its role as the enforcer of

building control.

Chapter IX: Compensation; sections 124 – 127

27. The provisions of section 76 of the TIA are very draconian; no compensation is payable for

the restricted use of land brought about by a plan. Most modern planning systems allow a very

restricted range of claims for compensation to be made and this approach is provided for by this

chapter. In sum, it provides for:

• A claim to be made where the refusal of a development permission results in a loss of value of the

land concerned

• A comprehensive list of matters and reasons for a refusal of development permission when

compensation may not be claimed

• Procedures and processes for making a claim and the determination of it.

Chapter X: Appeals; sections 128 – 134

28. The provisions on appeals in Rule 36 of the Dhaka Metropolitan Building (Construction,

Development, Conservation and Removal) Rules 2008 do not comply with the fundamental principles

of administrative law. They are replaced by this chapter which provides for

• An Appeals Authority (AA) consisting of two senior lawyers as chairman and vice-chairman and

up to six persons with experience and knowledge of planning and urban affairs, together with a

small staff to operate the Committee.

• The decisions from which an appeal may be made to the AA

• The powers of the AA on hearing an appeal; basically all the powers of the body from whose

decision an appeal is made

• The right of an aggrieved person to appeal to the Authority

• The procedures to be adopted by the Authority in any hearing. The Chair or Vice-Chair must

preside; one to usually two other members will make up a panel. Rulings on law are given by the

Chair or Vice-Chair. The principles of natural justice must be observed in any hearing. No undue

formality in the hearings

• Appeals from the Appeal Authority may be made to the District Court.



Chapter IX: Supplementary; sections 135 – 138

29. Most of the supplementary provisions of the TIA are adequate and can be retained. One gap

is filled in this chapter: the power of agencies to call for information from any landowner or occupier

with provision for this to be obtained either in writing or orally. The power of the Government to make

rules is strengthened. Transitional provisions are provided for.

Comparison between Sections in Existing TIA and Proposed TI (Amendment) Act

Sections of existing Town Improvement Act

Sections of Town Improvement (Amendment)

Bill

Comment on how TI(A)A differs from, adds to or deletes sections of TIA

1 1 similar

2 2 additional definitions

3 Establishment of RAJUK 3 RAJUK to carry out Act no change

4 Composition of RAJUK 4 - 27 Board and functions of RAJUK

new; old sections 4 and 5 repealed, 21 remains

5, 21 meetings of RAJUK ditto new

26 – 31 Contracts - no change

28 – 34: regulation and supervision of RAJUK

new

32 - 37 employees of RAJUK 35 – 46: employees of RAJUK New; old ss.32 - 37 left in place

Chapter III: Improvement Schemes; 38 – 72

Chapter VI: Improvement and Upgrading of Informal Settlements; ss. 94 – 106

New; old chapter III proposed for deletion but some sections will be saved

73 – 75: preparation of Master Plan

Chapter III: Planning Processes; ss 47 – 64

New: old sections deleted

Chapter IV: ss. 78 – 101; Acquisition and Disposal of Land; betterment fee

Chapter IV: Management of Development; s. 73: development obligation

Existing sections remain but ss. 94 – 98 could be deleted especially if impact fees introduced

Chapters V and VII: s.102, 151: Government power to make Rules

s. 136: Rules Additional powers of Government to make Rules

Chapter VI: Finance; ss. 103 – 150

s. 29: internal audit No change

Chapter VII: ss. 152 – 158: RAJUK empowered to make rules

- No change

Chapter VIII: Supplementary Provisions: ss. 159 – 193

Chapter XI: Supplementary; ss. 135 – 138

No change but an additional power in cl. 136

Chapter V: Land Readjustment, ss. 76 – 93

New

Chapter VII: Specialist Committees; ss. 107 - 114

New

Chapter VIII: Compliance; ss. 115 - 123

New

s.76: No compensation payable Chapter IX: Compensation; ss.124-127

New; s.76 deleted

Chapter X: Appeals: ss. 128 – 134*

New

* This section replaces Rules 35f and 36 of Dhaka Metropolitan Building (Construction, Development, Conservation and Removal) Rules 2008.

The Proposed TI(Amendment) Act


PART 2: The Proposed Legislation

A BILL

for a

TOWN IMPROVEMENT (AMENDMENT) ACT 2012

CONTENTS

CHAPTER I

PRELIMINARY

1. Short title, extent and commencement

2. Definitions

3. Duty to carry out the provisions of this Act

CHAPTER II

THE KARTRIPAKKHA

Constitution of Kartripakkha

4. Board of Kartripakkha

5. Tenure of members of Board

6. Remuneration and conditions of service of Chairman, Vice-Chairman and Members of the

Board

7. Removal of Chairman, Vice-Chairman or Member

8. Filling of casual vacancies

Functions

9. Functions of Kartripakkha

10. Functions of the Board of Kartripakkha

11. Advisory Committee to the Board

12. Power of Board to appoint ordinary committees

13. Power of Board to appoint occasional committees

14. Co-option of non-members to ordinary and occasional committees

15. Delegation of functions to ordinary committees

16. Function of the Chairman

17. Functions of the Vice-Chairman

Conduct of Business

18. Meetings of the Board

19. Quorum and voting at meetings of the Board

20. Openness at meetings of the Board



21. Code of conduct for members of the Board

22. Register of interests

23. Disability from participation in Board business on account of interests

24. Minutes of meetings

25. Procedure

26. Seal of Board

27. Annual report of Kartripakkha

Regulation and Supervision

28. Office of Internal Supervision

29. Internal Audit

30. Independent Adjudicator

31. Complaints to Independent Adjudicator

32. Duties of Kartripakkha to facilitate work of the Office

33. Consideration of reports by Board

34. Annual report of the Office

Employees of Kartripakkha

35. Chief Executive Officer and chief officers

36. Appointment of chief officers

37. General duties of all officers and employees of Kartripakkha

38. Code of conduct for all officers and employees of Kartripakkha

39. Functions of Chief Executive Officer

40. Functions of Chief Finance Officer

41. Functions of Chief Legal Officer

42. Functions of Chief Planning Officer

43. Functions of Chief Estates Officer

44. Functions of Chief Engineer

45. Appointment of officers and employees

46. Delegation to officers

CHAPTER III

PLANNING PROCESSES

47. Plans that may be prepared by area planning agency

48. Purpose of plans

49. Rights and duties of the public with respect to planning

50. Principles of participation in planning processes

51. Procedure for preparation of plan

52. Approval of plans

53. Procedure after submission of draft plan to Government

54. The Review Panel



55. Report on the public hearings

56. Duty of Government in relation to the report of the Review Panel

57. Duty of Government with respect to draft plan after public hearing

58. Duty of governing component with respect to draft plan

59. Powers of Government where governing component resolves to reject draft plan

60. Revision of plans

61. Supplementary planning statements by area planning agencies.

Delegation of plan preparation powers by Kartripakkha

62. Application by area planning agency to become delegated area planning agency

63. Government directive to Kartripakkha to delegate to delegated area planning agency

64. Functions of Kartripakkha where planning powers delegated to delegated area planning

agency

CHAPTER IV

MANAGEMENT OF DEVELOPMENT

65. Meaning of “development”

66. Consultation

67. Publicity for applications and representations thereon

68. Development control agency to meet in public

69. Determination of application for development permission

70. Conditions

71. Time and completion of development

72. Departure applications

73. Development obligation

74. Special development area

75. Making of special development area scheme

CHAPTER V

LAND READJUSTMENT

76. Purpose of land readjustment

77. Undertaking readjustment

78. Land Readjustment Officer

79. Feasibility study

80. Public support for a planned land readjustment scheme

81. Declaration of land readjustment area

82. Negotiation and acquisition of land from non-consenting owners and occupiers

83. Effect of declaration of land readjustment area



84. Permitted transactions within a land readjustment area

85. Land Readjustment Consultative Committee

86. Preparation of land readjustment plan

87. Public participation with respect to land readjustment plan

88. Layout plan

89. The indicative contribution ratio

90. Calculation of indicative contribution ratio

91. Reserve plots and surplus land

92. Principles of the reconfiguration of plots

93. Grievances

CHAPTER VI

IMPROVEMENT AND UPGRADING OF INFORMAL SETTLEMENTS

94. Application of this chapter

95. Purpose of a scheme of improvement and upgrading

96. Criteria to take into account in declaring improvement scheme

97. Determination of whether to declare an improvement scheme

98. Procedure for declaration of an improvement scheme

99. Content of improvement scheme

100. Establishment of improvement area committee

101. Composition of improvement area committee

102. Functions of local authority with respect to improvement area committee

103. Functions of improvement area committee

104. Functions of officers in relation to an improvement area committee

105. General duty of officers in respect of improvement area

106. Grievances

CHAPTER VII

SPECIALIST COMMITTEES

Approval committee for large and specialised projects

107. Constitution of committees

108. Approval committee for large and specialised projects (LSP)

109. Consultation on LSP

110. Openness of meetings

Town Development Committee

111. Town Development Committee

112. Functions of Town Development Committee

113. Meetings of Committee

114. Sub-committees of Committee



CHAPTER VIII

COMPLIANCE

115. Expressions used in connection with compliance

116. Time Limits

117. Warning notice

118. Compliance with development control

119. Material considerations with respect to compliance notice.

120. Reconsideration of compliance notice

121. Action in pursuance of compliance notice

122. Stop notice

123. Development permission where breach of development control has occurred

CHAPTER IX

COMPENSATION

124. Compensation

125. No compensation payable in certain cases

126. Claim for compensation

127. Determination of claim

CHAPTER X

APPEALS

128. Appeals Authority

129. Functions of Appeals Authority

130. Powers of Appeals Authority on appeal

131. Staff of Appeals Authority

132. Right of appeal to Appeals Authority

133. Proceedings of Appeals Authority

134. Determination of Appeals Authority

CHAPTER XI

SUPPLEMENTARY

135. Call for information

136. Rules

137. Repeals

138. Transitional provisions



A Bill

for a

Town Improvement (Amendment) Act 2012

Whereas it is expedient to make further and better provision for the planning, management and

regulation and development of the Capital of the Republic and for other areas adjacent to the Capital

which are under the jurisdiction of Kartripakkha and for the better provision of improvement schemes

for the congested areas of the Capital and the aforesaid adjacent areas, and for the better institutional

arrangements for and regulation of the exercise of the functions of Kartripakkha:

It is hereby enacted

CHAPTER I

Preliminary

Short title, extent and commencement

1. (1) This Act may be called the Town Development (Amendment) Act 2012

(2) It extends to all the areas within the jurisdiction of Kartripakkha as specified in the Town

Improvement Act 1953 as have been or may be amended from time to time.

(3) It shall come into force in such areas and on such dates as the Government may, by notification,

specify.

Definitions

2. In this Act, unless there is anything repugnant to the subject or context, –

"advertisement" includes a sign, notice, device or representation, in the nature of an advertisement,

visible from any public place or public reserve or from any navigable water;

“Appeals Authority” means the Appeals Authority established under section 129;

“approval committee for large and specialised projects” means the Approvals Committee for large and

specialised projects established under section 108;

“area planning agency” means Kartripakkha; any public agency designated by the Government to be

an area planning agency and any local government within the declared area exercising the functions

of preparing a plan;

“Board” means the Board of Kartripakkha;

"building" includes –

(a) part of a building;

(b) a manufactured home or part of a manufactured home, a movable dwelling, or a

movable structure; and

(c) a structure, part of a structure or a temporary structure;

"building work" means any physical activity involved in the erection of a building;



“Chairman” means Chairman of the Board of Kartripakkha;

“Chief Estates Officer” means the Chief Estates Officer of Kartripakkha;

“Chief Executive Officer” means the Chief Executive Officer of Kartripakkha;

“Chief Finance Officer” means the Chief Finance Officer of Kartripakkha;

“Chief Legal Officer” means the Chief Legal Officer of Kartripakkha;

“Chief Planning Officer” means the Chief Planning Officer of Kartripakkha;

“compliance notice” has the meaning ascribed to it by section 118;

“declared area” means all the areas within the jurisdiction of Kartripakkha as specified in subsection

(2) of section 1 of the Town Improvement Act 1953 as may have been or may be amended from time

to time;

“delegated area planning agency” means an area planning agency within the declared area to which

the functions of preparing a plan have been delegated by Kartripakkha;

“development control agency” means Kartripakkha; any public agency designated by the Government

to be a development control agency and any local government within the declared area designated

under this Act to be a development control agency;

“development” has the meaning ascribed to it by section 65;

“development obligation” means a legally enforceable obligation entered into under section 73 of the

Act to mitigate the impacts of a development proposal and includes a contribution in money or

money’s worth to ensure that the costs incurred in providing infrastructure to support the development

of an area will be funded (wholly or partly) by the owners or developers of land the value of which is

increased due to a development permission; and for purposes of this definition infrastructure includes

–

(a) roads and other transport facilities,

(b) flood defences,

(c) educational facilities,

(d) medical facilities,

(e) sporting and recreational facilities,

(f) housing,

(g) open spaces; and

(h) such other facilities and developments as the Government may determine to be

infrastructure for purposes of paying sums under a development obligation;

“development permission” means a permission to develop land granted under section 69;

“engineering works” includes the formation or laying out of means of access to roads and the erection,

construction and laying of pipes and electrical and telecommunication lines and cables above, on or

under ground;

“governing component” means the principal governing component of an area planning agency and a

development control agency;

“improvement scheme” has the meaning ascribed to it by section 95;

“improvement area committee” means a committee established under section 100;

“Independent Adjudicator” means the Independent Adjudicator established by section 30;

“indicative contribution ratio” has the meaning ascribed to it by section 89;



“informal settlements” means human settlements, which for a variety of reasons do not meet legal

procedures and have been built without respecting formal procedures of legal ownership, transfer of

ownership, or urban planning and building regulations;

“Kartripakkha” means the Rajdhani Unnayan Kartripakkha established under section 3 of the 1953

Act;

“land readjustment area” means an area declared to be a land readjustment area under section 81;

“Land Readjustment Consultative Committee” means a committee established under section 85;

“land readjustment officer” means an officer appointed under section 78;

“large and specialised project” means

(a) a residential building having more than 40 units.

(b) any project having 7500 square metre cover area (within FAR)

(c) any market or commercial building 5000 square metre floor area.

(d) any project connected with national or regional highways.

(e) any harmful factories which are likely to pollute environment and any brick fields

(f) any construction or development work within 250 metre distance from any

architectural or historical place.

(g) any construction or development work within 250 metre distance from any natural

beautiful attractive place.

(i) any construction or development work within 50 metre distance of hilly natural

scenery area.

(j) any construction or development work within 50 metre distance from any river bank.

“Office” means the Office of Internal Supervision” established by section 28;

“planning” means generally proposed coordinated infrastructure for economic, social and environment

development of a particular area;

“planning area” means an area for which a plan is to be or has been prepared;

“planning institution” means an area planning agency, a development control agency, a readjustment

agency, a delegated area planning agency, the approval committee for large and specialised projects;

“prescribed” means prescribed by rules made under this Act or the 1953 Act;

“principal governing component of an area planning agency and a development control agency”

means in the case of Kartripakkha, the Board; in the case of a local authority, the council; and in the

case of a public agency designated by the Government to be an area planning agency, the board (or

its equivalent if so called by a different name) of that public agency;

“public utility services” includes services for the purpose of transport and all forms of

telecommunications, for the supply of electricity, gas, water and the disposal of sewage;

“readjustment agency” means a development control agency exercising the powers set out in chapter

V;

“Review Panel” means the Review Panel appointed under section 54;

“Special development area” means an area established under section 74;



“special development area scheme” means a scheme created under section 75;

“specified development” means a development of land within the declared area that is required to be

approved by the Board;

“stop development notice” means a notice issued under section 129;

“the 1953 Act” means the Town Improvement Act 1953;

“Town Development Committee” means the Town Development Committee established under section

111;

Vice-Chairman” means the Vice-Chairman of the Board of Kartripakkha;

“warning notice” has the meaning ascribed to it by section 117;

Duty to carry out provisions of this Act

3. The duty of carrying out the provisions of this Act shall, subject to the conditions and

limitations hereinafter contained, be vested in Kartripakkha.

CHAPTER II

THE KARTRIPAKKHA

Board of Kartripakkha

4. (1) The Board of Kartripakkha shall consist of the following persons:

(a) A chairman who shall be full-time and has practical experience of urban

development and management and shall be appointed by the Minister;

(b) A vice-chairman who shall be full-time and shall have practical experience of

economics and finance;

(c) Four members appointed by the Government who shall have proven experience or

knowledge of one or more of the following –

(i) surveying and valuation;

(ii) law;

(iii) land management

(iv) town and country planning;

(v) administration and management;

(d) up to five members drawn from local authorities in tthe RAJUK area, professional

organisations, non-governmental organisations, the academic community and the private

sector all of whom must have knowledge or experience of urban issues, such persons to be

appointed for only two years and then replaced by persons with similar knowledge and

experience at the end of that two year period.

(2) All members of the Board shall be of high moral character and proven integrity and competence.

(3) A member of the Board, other than the Chairman and Vice-Chairman, may be appointed as a full-

time or as a part-time member.



Tenure of members of the Board

5. (1) A member of the Board referred to in section 4(1) (a) (b) and (c) shall be appointed for a

term of three years and shall be eligible to be reappointed for one further term of three years.

(2) A member of the Board referred to in section 4 (1) (d), (e) (f) and (g) shall be appointed only for

one term of three years.

(3) A member of the Board referred to in section 4 (1) (h), (i) and (j) shall be appointed only for one

term of two years,

(4) The organisations referred to in section 4 (h), (i) and (j) shall agree amongst themselves to rotate

the nominations for appointment to the Board so as to ensure that every organisation has a member

on the Board in turn and no organisation has two successive members on the Board.

Remuneration and conditions of service of Chairman, Vice Chairman and Members

6. (1) The Chairman shall receive such monthly salary and allowances as may be fixed by the

Government and be subject to such conditions of service as may be prescribed and shall perform

such duties as are assigned to him under this Act or rules framed under it.

(2) Every Member shall be entitled to receive such fee or allowance for attending the meetings of the

Kartripakkha, as may be prescribed.

Removal of Chairman, Vice-Chairman or Member

7. (1) A person shall be disqualified for being appointed Chairman or Member of the Board; if

he-

(a) has been declared insolvent; or

(b) has been declared to be disqualified for employment in, or has been dismissed from the

service of Bangladesh, or has been convicted of an offence involving dishonesty, fraud or

moral turpitude; or

(c) has knowingly acquired or continued to hold, without the permission in writing of the

Government, directly or indirectly or through a partner any share or interest in any contract or

employment with or by or on behalf of the Authority, or in any land or property which, in his

knowledge, is likely to benefit him or has benefited him as a result of the operation of the

Authority.

(2) No person shall be disqualified as aforesaid, or be deemed to have any share or interest in such

contract or employment as aforesaid, by reason only of having a share or interest in-

(a) any sale, purchase, lease, or exchange of land or any agreement for the same; or

(b) any agreement for the loan of money, or any security for the payment of money only; or

officer, in any incorporated company which has any share or interest in any contract or

employment with, by, or on behalf of, the Authority.

(3) Where it appears to the Government that there is cause to remove the Chairman, the Vice-

Chairman or a Member under this section the Government shall notify the person concerned in writing

and shall give the person concerned an opportunity to submit his explanation to the Government and

the Government shall not take any action under this section until any such explanation has been

considered.

(4) Any person given an opportunity to submit his explanation to the Government under subsection (3)

shall submit that explanation within fourteen days of the receipt of the notification in writing referred to



in subsection (2) and an explanation submitted after the period of fourteen days without reasonable

excuse for its late submission may be disregarded by the Government.

Filling of casual vacancies

8. If the Chairman, the Vice-Chairman or any Member is granted leave or any one of them dies,

resigns, or is removed from office, the Government may appoint a Chairman, Vice-Chairman or

Member, as the case may be, for the period of absence or remainder of the term, as the case may be.

Functions of Kartripakkha

9. (1) The functions of Kartripakkha are to

(a) develop and prepare policies and plans for the efficient, economical, financially viable and

equitable use and development of land within the declared area;

(b) to engage in a continuous process of land use management and planning in respect of

the area within its jurisdiction, having regard to land use planning and development in

surrounding areas;

(c) develop and arrange for the development of areas specified in plans as aforesaid;

(d) stimulate, encourage and develop programmes for public participation in connection with

the preparation of plans as aforesaid;

(e) prepare a citizens’ charter setting out its obligations of open, equitable, honest and fair

administrative behaviour and actions to all citizens and the remedies which all citizens can

utilise in the event that the charter is not complied with in any particular and ensure the wide

dissemination of the charter;

(f) operate programmes on and apply the laws governing the regulation of building and

development within the declared area;

(g) co-operate with and support all local government authorities having responsibilities with

respect to land management and urban planning within the declared area;

(h) co-operate with all statutory agencies having responsibilities for the provision of

infrastructure or utilities within or contiguous to the declared area;

(i) plan, develop, carry out and arrange for the carrying out of schemes for the upgrading of

areas of slums and informal settlements;

(j) maintain accurate and up-to-date records of all its activities and provide for the widest

possible dissemination, publicity and availability of those records using all forms of media;

(k) publish and disseminate information and promote public awareness about land

development and planning in a manner calculated to enable members of the public to

understand their rights and obligations with respect thereto;

(l) any and all activities within the law which may reasonably be seen as conducive to the

better execution of the functions set out in this section.

(2) Kartripakkha shall work closely and co-operate with organisations and agencies rendering urban

services to the citizens of the declared area, whether governmental or non-governmental and in order

to ensure that such co-operation takes place on a regular basis, the Board shall establish one or more

standing joint committees with such organisations and agencies which shall meet not less than once

every quarter.



Functions of the Board of Kartripakkha

10. (1) The functions of the Board of Kartripakkha are to:

(a) determine the policies of Kartripakkha on all matters connected with the planning and

development of land within the declared area;

(b) determine the policies of Kartripakkha on improving the living conditions and livelihoods of

the urban poor within the declared area;

(c) approve, with or without amendments or additions, annual estimates of income and

expenditure and any variations of those estimates laid before the Board;

(d) review and where so required, approve, with or without alterations, any decision of the

Board;

(e) review and approve the citizens’ charter;

(f) approve, after complying with the procedures set out in this Act and any other laws

applicable to the planning and development of land in the declared area, development plans

for the whole or any part of the declared area;

(g) approve after complying with the procedures set out in this Act and any other laws

applicable to the planning and development of land in the declared area,

(i) proposals for developments by Kartripakkha;

(ii) applications for specified developments by persons other than Kartripakkha

(h) co-ordinate the policies and plans of Kartripakkha with the policies and plans of authorities

supplying infrastructure and public utility services in or adjacent to the declared area;

(i) ensure that all appropriate publicity is given to any proposed developments by Kartripakkha;

(j) devise and operate a scheme for the handling of complaints against the actions and

activities of Kartripakkha and its officers and employees;

(k) appoint and thereafter hold to account the senior officers of Kartripakkha;

(l) develop and thereafter ensure the due application of a planned programme of management

processes which through the appropriate delegation and allocation of functions make the most

effective and efficient use of the skills, knowledge and experience of the officers and

employees of Kartripakkha.

(m) have regard and make a timely and considered response to any report issued by the Town

Development Committee on the activities and performance of Kartripakkha.

Advisory Committee to the Board

11 (1) The Board shall appoint an advisory committee of not more than twenty persons to review

and comment on the activities of the Board.

(2) The composition of the advisory committee shall be made up of persons with expertise,

practical experience or general interest in the fields of urban planning, land development, industry,

commerce, finance, and social development and shall include persons from the academic community,

non-governmental organisations and community based organisations with particular interest and

expertise in the lives and livelihoods of the urban poor.

(3) The advisory committee shall meet not less than once every three months and submit a

report of its deliberations to the Board.

(4) The Board shall have regard to any recommendations and comments made by the advisory

committee on the activities of the Board and shall minute what action it proposes to take on those



recommendations and comments or where the Board does not propose to take any such action, the

Board shall state why it is not taking any action.

Power of Board to appoint ordinary committees

12. (1) The Board may establish by resolution such ordinary committees as it may from time to

time determine to be necessary for the better performance of the functions and for the efficient and

effective management of the affairs and business of the Board.

(2) The resolution establishing an ordinary committee under this section shall specify the terms of

reference for that ordinary committee.

Power of Board to appoint occasional committees

13. (1) The Board may establish such occasional committees as it may from time to time

determine for the purpose of examining or reporting or making recommendations to the Board on any

matter as it may consider necessary or desirable for the better performance of the functions and for

the efficient and effective management of the affairs and business of Kartripakkha.

(2) No committee appointed under this section shall be appointed for a term longer than one year but

the Board may extend the term of any such committee for a further period of one year.

(3) Where the council establishes an occasional committee, it shall appoint the chairman of that

committee.

Co-option of non-members to ordinary and occasional committees

14. (1) An ordinary standing committee and an occasional committee may, subject to the prior

approval of the Board, co-opt as members of that committee such numbers of persons, being not

more than the nearest whole number to one third of the members on that committee, with experience

or knowledge of the matters with which that committee has been entrusted by this Act or the Board as

it considers necessary or desirable for the efficient and effective execution of the business of that

committee.

(2) Persons co-opted by any committee under this section shall have and exercise the same rights

and powers in relation to the business of that committee as are conferred by this Act on the members

of that committee.

(3) The provisions of sections 21 and 22 shall apply to co-opted members of committees.

Delegation of functions to ordinary committee

15. (1) Subject to subsection (2), and to any restrictions and conditions as it may think it proper to

impose, the Board may delegate to an ordinary committee the power to discharge any function on

behalf of the Board.

(2) The Board shall not delegate to an ordinary committee the power to –

(a) make any regulations under sections 33 and 152 of the 1953 Act;

(b) adopt any estimates of revenue and expenditure of the Kartripakkha;

(c) any other power which by this Act or any other Act is expressly required to be

exercised by the Board;

(d) such other matters as the Board may determine.

(3) The Board may withdraw or alter any delegation to a committee but no such withdrawal or

alteration shall affect anything done in pursuance of any decisions lawfully taken by that committee.



(4) Any function discharged or power exercised by a committee in pursuance of the delegation made

to it under this section shall be deemed to have been discharged or exercised by the Board.

(5) Any committee established under this section shall make a regular report to the Board and shall,

so far as it is appropriate to do so, comply with the provisions of sections 19 and 23.

Functions of the Chairman

16. (1) The functions of the Chairman of the Board shall be to

(a) chair the meetings of the Board;

(b) give a lead to the Board in carrying out its functions;

(c) allocate, in writing, specific tasks to specific members of the Board;

(d) cause to be prepared and thereafter ensure that it is kept under review by the Board, a

programme for the progressive delegation and allocation of specific functions of Kartripakkha

to local authorities within the declared area;

(e) hold regular meetings with the media to explain the activities and actions of Kartripakkha

and to answer questions on same;

(f) be responsible for ensuring the timely preparation of the annual report of Kartripakkha;

(g) undertake all such other activities and actions may be provided by this Act or as will in the

opinion of the Board advance the functions of Kartripakkha.

(2) In the exercise of his functions under this section, the Chairman is hereby empowered, without

notice, to visit any office of Kartripakkha, any site where Kartripakkha is undertaking development,

any site where Kartripakkha is investigating whether unauthorised development is taking place and to

call for any papers connected with any of the activities and actions of Kartripakkha and any officer or

employee of Kartripakkha shall be under a strict duty to facilitate any of the actions and requests by

the Chairman under this section.

(3) The Chairman may, in writing delegate to the Vice-Chairman or any member any function which

under the Act of 1953 is allocated to the Chairman.

Functions of the Vice-Chairman

17. The functions of the Vice-Chairman shall be to provide support to the Chairman in the

exercise of his functions, to take the chair at meetings of the Board when the Chairman is unable to

and to exercise the functions of the Chairman other than the function set out in paragraph (k) of

subsection(1) of section 13 when the Chairman is, with the agreement of the Government, granted

leave of absence from his post.

Meetings of the Board

18. (1) Subject to the provisions of subsection (2) of this section, the ordinary meetings of the

Board shall be held not less than once every month and at such places as may be necessary or

expedient for the transaction of its business and all meetings of the Board shall be convened by the

Chairman, or in his absence from Bangladesh or incapacity through illness, the Vice-Chairman, who

shall appoint a suitable time, place and date for the holding of such meeting.

(2) The Chairman, or in his absence from Bangladesh or incapacity through illness, the Vice-

Chairman, shall convene a special meeting of the Board on a request in writing signed by not less

than five members of the Board for such a meeting and shall cause the meeting to be held within

twenty-one days of the receipt by him of such request.



(3) The Chairman, or in his absence the Vice-Chairman shall preside at the meetings of the Board

and in the absence of both the Chairman and the Vice-Chairman the members present at the meeting

shall elect one of their number to be chairman for that meeting.

(4) The Chairman, the Vice-Chairman or other person presiding at any meeting of the Board may

invite any person who is not a member to participate in the deliberations of the Board, but any person

so invited shall have no vote at the meeting.

(5) The Board may act notwithstanding any vacancy in its membership.

Quorum and voting at meetings of the Board

19. (1) A majority of the members of the Board shall constitute a quorum at any meeting of the

Board.

(2) All acts, matters and things authorized to be done by the Board shall be decided by resolution at a

meeting of the Board at which a quorum is present.

(3) A decision of the majority of members present and voting at a meeting of the Board shall be

deemed to be a decision of the Board.

(4) Every member of the Board shall have one vote and in the event of an equality of votes the

chairman of the meeting shall have a second or casting vote in addition to his deliberative vote.

(5) Notwithstanding the provisions of subsection (2) where the Chairman so directs a decision may be

made by the Board without a meeting by the circulation of the relevant papers among all the members

and the expression in writing of their views, but any member shall be entitled to require that any such

decision shall be deferred until the subject matter shall be considered at a regular meeting of the

Board.

Openness of meetings

20. (1) The agenda of any meeting of the Board shall be published not less than five days before any

such meeting and a copy shall be affixed to a notice board at every office of Kartripakkha, in

conspicuous public places, published on the Kartripakkha website and made available to the media.

(2) The meetings of the Board shall be open to the public to attend provided that the Chairman may

divide the agenda into two parts, one part of which dealing with personnel and disciplinary matters of

the officers and employees of Kartripakkha shall not be open to the public.

(3) In that part of the meeting that is open to the public, the agenda shall include an item allowing

members of the public attending the meeting to ask questions and comment on any item of business

before the Board.

(4) Members of the public attending a meeting of the Board shall conduct themselves with decorum

and the person chairing the meeting of the Board may require any member of the public not so

conducting himself to leave.

(5) Where members of the public disrupt or attempt to disrupt a meeting of the Board, the person

chairing the meeting of the Board may, after giving due warning to the members of the public, adjourn

the meeting and recommence it in private session without members of the public being allowed to be

present.

Code of conduct for members of the Board

21. (1) The Board shall prepare a code as regards the conduct which is to be expected of all

members of the Board.



(2) A code of conduct shall include the financial and other interests which any such person as is

referred to in this section is required to register in the register of interests.

(3) Where a code has been prepared, the Board shall by resolution formally adopt the code of

conduct.

(4) Where a code of conduct has been adopted it shall thereafter be binding on all present and future

members of the Board.

Register of interests

22. (1) The Chairman shall establish and maintain a register of the interests of the members of

the Board.

(2) A person who is a member of the Board at the time this Act comes into force shall within one

month of that coming into force register such of his financial and other interests as are specified in the

code of conduct as being required to be registered.

(3) A person who is appointed to the Board shall within one month of being so appointed to the Board

register such financial and other interests as are specified in the code of conduct as being required to

be registered

(4) A register of interests shall be open for inspection by any member of the public at all reasonable

hours at the head office of Kartripakkha.

Disability from participation in Board business on account of interests

23. (1) Where a member of the Board has any pecuniary interest, direct or indirect in any

contract, proposed contract or other matter and is present at a meeting of the Board or any committee

of the Board at which the contract, proposed contract or other matter is to be considered, that member

shall, as soon as practicable after the commencement of the meeting, disclose that fact and shall not

take part or be present at that consideration or vote on any question with respect to that contract,

proposed contract or other matter, subject to the provisions of subsection (2).

(2) This section shall not apply to an interest in a contract, proposed contract or other matter which a

member of the council may have as a tax or rate payer or resident of the area of jurisdiction of the

council, or to an interest in any matter relating to the terms of which the right to participate in any

service, including the supply of goods is offered to members of the public.

(3) For purposes of this section, a member of the council shall be treated as having an indirect

pecuniary interest in a contract, proposed contract or other matter, if that member or a member of the

family of that member is a member of a company or the holder of shares in the company with which

the contract is made or proposed to be made or which has a direct pecuniary interest in the other

matter under consideration; where that member is a partner or is in the employment of a person with

whom the contract is made or proposed to be made or who has a direct pecuniary interest in the other

matter under consideration.

(4) In this section, a direct or indirect interest of a spouse or any member of the family of a member of

the council shall, if known to that member of the council, be deemed to be a direct or indirect interest

of that member of the council.

(5) Any member who refuses or fails to comply with subsection (1)

(a) commits an offence and is liable on conviction to a fine not exceeding two million taka or to

imprisonment for a term not exceeding one year or to both such fine and imprisonment;

(b) shall in addition and independently of any conviction for an offence under this section be

disqualified from continuing to be a member of the Board; and



(c) shall be liable to account to Kartripakkha for any profit which may accrue to that member

from any such contract or matter.

Minutes of meetings

24. (1) Minutes in proper form of each meeting of the Board shall be kept and shall be confirmed

by the Board at the next meeting and signed by the chairman of the meeting.

(2) The minutes of the meetings of the Board shall be published not later than ten days after the

meeting at which they were confirmed and a copy shall be affixed to a notice board at every office of

Kartripakkha, published on the Kartripakkha website and made available to the media.

(3) The Board shall appoint a suitable person to be secretary to the Board for the purposes of

attending meetings of the Board, keeping the minutes of the meetings and secretary performing such

other secretarial duties as the Board may require.

Procedure

25. Subject to any rules made under section 102 of the 1953 Act, the Board shall have power to

regulate its own procedure and the procedures of any committees it establishes.

Seal of the Board

26. The seal of the Board shall not be affixed to any instrument except in the presence of the

Chairman or the Vice-Chairman and one other member of the Board.

Annual report of Kartripakkha

27. (1) The Board shall, at the end of each financial year, prepare a full and detailed report on its

activities during that financial year and submit that report together with a copy of the audited accounts

to the Government.

(2)The Board shall:

(a) make copies of its annual report and accounts available to any member of

the public who wishes to obtain a copy;

(b) publish the annual report and accounts on the Kartripakkha website; and

(c) make the annual report and accounts available to the media.

Regulation and supervision

Office of Internal Supervision

28. (1) Kartripakkha shall establish, and provide adequate accommodation, staffing and annual

funding for it to perform its duties, an Office of Internal Supervision (hereafter to be called the Office).

(2) The Office shall have two divisions, namely –

(a) the division of internal audit;

(b) the division of administrative justice.

(3) The head of the division of internal audit shall be an officer who shall be called the Chief Internal

Auditor.

(4) The head of the division of administrative justice shall be an officer who shall be called the

Independent Adjudicator.



(5) The Chief Internal Auditor and the Independent Adjudicator shall be appointed using the process

of public advertisement and an interview of all qualified candidates for the posts as specified in

section 36.

(6) The qualification for the post of Chief Internal Auditor shall to hold a professional qualification as

an accountant or have experience as a senior financial manager and the qualification for the post of

Independent Adjudicator shall be to hold a professional qualification as a lawyer or to have

experience as a senior administrator in the public sector.

(7) The headship of the Office shall alternate on a yearly basis between the Chief Internal Auditor who

shall be the first head of the Office and the Independent Adjudicator.

(8) The Office shall be assisted by such staff as the head of the Office in consultation with the

alternate head of Office shall consider necessary to enable the Office to carry out its duties properly

and with due dispatch.

(9) Kartripakkha shall be under a duty to provide adequate resources for the Office in its annual

estimates.

(10) The Office shall be responsible to and shall submit regular reports on its work to the Chairman

who shall place all such reports before the Board.

(11) In the performance of their duties under this Sub-Part, the Chief Internal Auditor and the

Independent Adjudicator and their staffs shall not be subject to any direction or guidance or threat

from any officer or employee of Kartripakkha of from the Chairman, the Vice-Chairman or any

Member and any such purported direction, guidance or threat shall be reported by the Chief Internal

Auditor or the Independent Adjudicator as the case may be in a special report which that officer shall

submit direct to the Board.

(12) Any such report as is submitted to the Board under subsection (11) shall forthwith be published

by the Board and if within one month of receiving the report, the Board has not published it, the head

of the Office shall publish the report.

Internal audit

29. (1) The Chief Internal Auditor shall audit the accounts of Kartripakkha on a regular basis and

shall prepare a report every month to the Board on the state of the accounts.

(2) The Chief Internal Auditor shall institute a special internal audit of the accounts if he is requested

to do so by any person or organisation who or which submits a written report setting out the matters of

concern with respect to the management of Kartripakkha which would justify a special internal audit.

(3) The Chief Internal Auditor shall report to the Board any matter or thing which is discovered during

the course of the special internal audit and which appears to have been done or performed illegally or

without due authority or represents a waste of resources or gross inefficiency or negligence or which

in the opinion of the Chief Internal Auditor should be brought to the attention of the Board and shall

make such recommendations as is thought fit on those matters and things to prevent or minimise their

recurrence in the future.

Independent Adjudicator

30. The duties of the Independent Adjudicator shall be to –

(a) receive and investigate any complaint made by any member of the public (including

any officer or employee of Kartripakkha) of maladministration caused by the

administrative conduct and behaviour of any officer or employee of Kartripakkha to

the complainant or a member of the family of the complainant;



(b) develop codes of fair, open, honest and impartial administrative practices and

behaviour which shall be complied with by all officers and employees of the

Kartripakkha;

(c) develop and conduct training courses on the codes referred to in paragraph (b);

(d) undertake such other functions as will advance the acceptance and implementation of

fair administrative practices by and in Kartripakkha.

Complaints to the Independent Adjudicator

31. (1) Any person may complain either orally or in writing to the Independent Adjudicator about

the administrative conduct, performance or behaviour of an officer or member of staff of Kartripakkha

which infringed the rights of the complainant as set out in the citizens’ charter, this Act, the 1953 Act,

or which has had the effect of depriving the complainant of some service or benefit from Kartripakkha

to which the complainant is entitled.

(2) On receipt of the complaint, the Independent Adjudicator shall –

(a) forthwith investigate that complaint;

(b) prepare a report and recommendations on that complaint which shall be placed

before the Board.

(3) A report prepared by the Independent Adjudicator under subsection (2) shall –

(a) set out the substance of the complaint;

(b) state whether the complaint is justified; and if it is,

(c) make such recommendations as may be considered appropriate to –

(i) ensure that the subject-matter of the complaint is rectified;

(ii) bring about more appropriate administrative behaviour on the part of the

officer or employee whose conduct formed the basis of the complaint;

(iii) compensate the complainant for the inconvenience and distress that the

matter which was the subject of the complaint has caused the complainant;

(d) be sent to the complainant.

Duties of Kartripakkha to facilitate work of the Office

32. In order for the Office to be enabled to exercise its functions, Kartripakkha and its officers and

employees shall –

(a) cause to be produced to the Chief Internal Auditor and the Independent Adjudicator

all books, papers, memoranda, minute books, and any other documents relating to

their work or any investigation that they are conducting that the two officers may

require;

(b) permit the Chief Internal Auditor and the Independent Adjudicator to inspect any

offices, depots or stores of Kartripakkha as they may require;

(c) give to the Chief Internal Auditor and the Independent Adjudicator such information,

explanation and facilities as they may require to be given to them to enable them to

perform their duties.

Consideration of Reports by Board

33. (1) The Board shall consider any report submitted to it by the Chief Internal Auditor and the

Independent Adjudicator at the next meeting following the submission of any such report.

(2) Where the Board resolve to accept a report, it shall direct the Chief Executive Officer to take such

necessary action as will ensure the implementation of the report.



(3) Where the Board resolve not to accept a report, it shall prepare a statement giving its reasons for

not accepting the report.

(4) Following the Board’s resolution on the report, the Chief Internal Auditor or as the case may be the

Independent Adjudicator shall –

(a) deposit a copy of the report together with the response of the Board in the offices of

Kartripakkha where it shall be made available for public inspection without payment at

all normal office hours;

(b) publish the report on the Kartripakkha website; and

(c) make the report and available to the media

(d) send a copy of the report to the Government.

Annual report of the Office

34. (1) The Chief Internal Auditor and the Independent Adjudicator shall jointly produce an annual

report on the work and the performance of the Office and any such report shall comment on the co-

operation that the Office has received from Kartripakkha and all the officers and employees of

Kartripakkha.

(2) A copy of the annual report shall be –

(a) deposited at the offices of Kartripakkha;

(b) open for public inspection without payment at all reasonable hours;

(c) published on the Kartripakkha website;

(d) made available to the media

(e) sent to the Government

Employees of Kartripakkha

Chief Executive Officer and chief officers

35. (1) There shall be a Chief Executive Officer and the following chief officers of Kartripakkha –

(a) a Chief Financial Officer;

(b) a Chief Legal Officer;

(c) a Chief Planning Officer

(d) a Chief Estates Officer;

(e) a Chief Engineer; and

(f) such other officers as Kartripakkha may designate as heads of departments.

Appointment of chief officers

36. The chief officers shall be appointed in accordance with the general rules applicable to the

appointment of senior officers in the public service.

General duties of all officers of Kartripakkha

37. (1) All officers of Kartripakkha shall have the duty at all times to –

(a) serve Kartripakkha honestly and to the best of their ability;

(b) work closely with the Chairman, and Vie-Chairman and the Members to ensure that

Kartripakkha carries out its functions within the declared area efficiently, effectively,

economically and equitably;

(c) act fairly, in an even-handed manner and with probity towards all members of the

public;



(d) exercise their functions with due regard to principles of administrative justice;

(e) ensure that Kartripakkha observes and complies with this Act and all other Acts in all

its decisions and actions;

(f) carry out and comply fully and in a timely manner with all resolutions of the Board and

any ordinary or occasional committee;

(g) comply with all lawful instructions and orders given to them by the Chairman, the

Vice-Chairman and any Member authorised by resolution of the Board to give

instructions and orders to any officer.

Code of conduct for all officers and employees

38. (1) The Board shall prepare a code of conduct for all the officers and employees of the

Kartripakkha and adopt any such code by resolution.

(2) A code of conduct approved by the Board shall be binding on all officers and employees of

Kartripakkha.

Functions of Chief Executive Officer

39. (1) The Chief Executive Officer shall be the chief officer and accounting officer of Kartripakkha

and shall be responsible to the Board for the proper management of the business of the council.

(2) Every chief officer and head of a department shall, subject to the provisions of section 37(2) be

subordinate to and responsible to the Chief Executive Officer for the proper management of the

department entrusted to him and for the proper exercise of the general duties set out in section and of

the functions delegated to him under this Act or any other written law.

(3) In addition to any other functions conferred upon him under this Act or any other written Act, the

Chief Executive Officer shall –

(a) be responsible for the proper carrying out of all lawful and proper directions and

resolutions of the Board and all other committees;

(b) be responsible for carrying out all lawful and proper directions from the Chairman;

(c) take all reasonable steps to ensure that the Board and all ordinary and occasional

committees are properly supplied with the information they may require under this

Act;

(d) be responsible for advancing and co-ordinating the activities and programmes of

Kartripakkha and for the general supervision, control and efficiency of the

Kartripakkha’s departments, sections and branches and sub-offices;

(e) be responsible for ensuring inter-departmental communication and liaison;

(f) be responsible for the preparation of the agenda, the submission of documents,

reports, and recommendations and the minuting of the proceedings of the Board and all

ordinary and occasional committees;

(g) be responsible for the safe custody of the documents, records and registers of

Kartripakkha, the Board and all its committees;

(h) be responsible for the management of the employees of Kartripakkha including their

promotion, dismissal, conduct and general performance;

(i) be responsible for carrying out any other lawful duty or directions imposed or given by

the Board or the Chairman;

(j) prepare an annual report on his activities of officers under his control and submit such

report to the Board.



(4) The Chief Executive Officer may subject to this Act and any direction given to him by the Board

exercise the powers of Kartripakkha and all acts done by him in the exercise of such powers shall be

deemed to have been done by Kartripakkha.

Functions of Chief Finance Officer

40. The Chief Finance Officer shall make safe and efficient arrangements for the management of

the council’s finances and assets and without prejudice to the generality of this duty the Chef Finance

Officer shall –

(a) advise the Board and all ordinary and occasional committees at all times as to the

financial implications of all their policies, programmes, actions, resolutions and

decisions;

(b) prepare the annual estimates and any supplementary estimates for submission to the

the Board;

(c) ensure that the estimates are complied with;

(d) ensure that the 1953 Act, this Act and all other laws relating to financial matters and

financial regulations are complied with;

(e) prepare regular monthly and a final annual report on the state of the finances of

Kartripakkha and submit such reports to the Board;

(f) conduct regular internal audits of the management of the finances of Kartripakkha;

(g) to authorise and sign for payments for goods, services and supplies, supplied to

Kartripakkha and in accordance with the terms of contracts and to ensure that the

details of all such payments are entered into the books of account kept by

Kartripakkha;

(h) be responsible for carrying out any other lawful duty or directions imposed or given by


(i) prepare an annual report on the activities of the department under his control and

submit such report to the Board.

Functions of the Chief Legal Officer

41. The Legal Secretary shall ensure that the council complies with this Act, the 1953 Act and all

other Acts and laws in exercising all and any of its functions and powers and in carrying out all and

any of its policies, programmes, actions, resolutions and decisions and to that end and without

prejudice to the generality of this duty the Chief Legal Officer shall –

(a) advise the Board and all ordinary and occasional committees of the law and the legal

implications and consequences of all and any of their actions, resolutions, decisions

and recommendations;

(b) advise all officers and employees of the law and the legal implications and

consequences of their actions and decisions;

(c) ensure that all legal matters of the Board and all ordinary and occasional committees

receive the necessary attention;

(d) draft, review and approve from a legal perspective any regulations made under

section 152 of the 1953 Act and any contracts, agreements, leases and other

documents whereby Kartripakkha is proposing to assume legal obligations or obtain

some benefits or undertake some action;



(e) subject to any Act governing the prosecution of offences and crimes, prosecute any

person alleged to have committed any offence specified by or under this Act;

(f) represent Kartripakkha in court or before any other body on any matter;

(g) be responsible for carrying out any other lawful duty or directions imposed or given by


(h) prepare an annual report on the activities of the department under his control and

submit such report to the Board.

Functions of the Chief Planning Officer

42. The Chief Planning Officer shall be responsible for ensuring that Kartripakkha carries its

planning, development control and building control functions in accordance with this Act, and all other

laws applicable to those matters and without prejudice to the generality of this duty, the Chief

Planning Officer shall:

(a) be responsible for the preparation of plans, whether by Kartripakkha or otherwise, as

specified in section 9 of this Act and in doing so ensure compliance with the functions

of an area planning agency as specified in section 10 of the Urban & Regional

Planning Act;

(b) be responsible for the development control functions of framing, promulgating,

administering and enforcing development controls to regulate development in the

area under its jurisdiction in accordance with the procedures specified in this Act and

in doing so ensure compliance with the functions of a development control agency as

specified in section 12 of the Urban and Regional Planning Act;

(c) be responsible for the preparation and implementation whether by Kartripakkha or

otherwise of schemes for the regeneration and upgrading of slums and unauthorised

development;

(d) be responsible for the establishment, staffing, management, and operations of local

offices of Kartripakkha;

(e) be responsible for the development and operation of programmes and processes of

public participation with respect to the preparation of plans, proposals for

development by Kartripakkha; and by private developers;

(f) take all necessary steps to ensure that the Board and all ordinary and occasional

committees are properly supplied with the information they may require under this Act

to exercise any planning, development control and building functions they have;

(g) prepare or cause to be prepared such papers and reports on matters of planning,

development control and building control as may be required by the Board or the

Chairman;

(h) ensure that all officers in the departments under his responsibility are adequately

trained, properly appraised of their duties and responsibilities and exercise their

duties and responsibilities in accordance with the code of conduct referred to in

section 38;

(i) prepare and, after approval by the Board, implement schemes for the delegation of

specific functions of planning, development control and building control to named

officers;

(j) liaise on a regular basis with the Urban Development Division with respect to planning

and development control practices and processes;



(k) ensure that all relevant information, advice and guidance from the Urban & Regional

Planning Council and the Urban Development Division is reported to the Board and

utilised, so far as is appropriate, in the planning and development control functions of

Kartripakkha;

(l) maintain a planning information system for the collection, assembly, storage, and

retrieval of data, maps, photographs and other materials pertinent to planning and

development within the declared area;

(m) develop arrangements for regular meetings with organisations and bodies in the

private sector with interests and expertise in urban planning to review the progress of

planning and development control within the declared area;

(n) prepare an annual report on the activities of the departments under his control and

submit such report to the Board

(o) undertake such other functions calculated to further the planning, development

control and building control functions of Kartripakkha and any other lawful duty or

directions imposed or given by the Board or the Chairman.

Functions of the Chief Estates Officer

43. The Chief Estates Officer shall be responsible for the management and development of all the

land under the ownership, or control of Kartripakkha in accordance with this Act, and all other laws

applicable to those matters and without prejudice to the generality of this duty, the Chief Estates

Officer shall -

(a) compile, keep under review and update on a regular basis an inventory of all the land

and things attached to the land held by, owned by or under the control of

Kartripakkha;

(b) develop and maintain land and geographical information systems covering all land

within the declared area and make all such information available on the website of

Kartripakkha;

(c) prepare policies and programmes to make the most effective, efficient and

sustainable use of the land resources of Kartripakkha and submit them to the Board

for its approval with or without amendments;

(d) prepare proposals, in association with the Chief Planning Officer, for the

development of the land resources of Kartripakkha and in particular when preparing

such proposals have regard to the needs of the urban poor;

(e) ensure the conservation of all heritage sites and ecologically critical sites under the

ownership and control of Kartripakkha;

(f) ensure that all leases and other agreements under which land and other real property

owned by Kartripakkha is leased to public authorities and private parties are complied

with and take such enforcement action as the law allows with respect to any breaches

of the terms and conditions of any such leases;

(g) prepare in association with the Chief Legal Officer leases and other agreements for

the leasing of land and other property of Kartripakkha;

(h) prepare in association with the Chief Legal Officer, all necessary legal documents to

enable Kartripakkha to buy or to sell or to acquire land under the Acquisition and

Requisition of Immoveable Property Ordinance within the declared area;

(i) prepare schemes for the open and fair allocation and sale of any housing units built

by Kartripakkha and for the payment by instalments for any such housing units;



(j) take all necessary steps to ensure that the Board and all ordinary and occasional


to make informed decisions about the management and development of the

Kartripakkha estates;

(k) prepare or cause to be prepared such papers and reports on matters of land

management as may be required by the Board or the Chairman;

(l) ensure that all officers in the departments under his responsibility are adequately



section 38;

(m) develop arrangements for regular meetings with organisations and bodies in the

private sector with interests and expertise in land management and land

development;

(n) make available to the public at a reasonable price all information about the land and

property resources of Kartripakkha held by Kartripakkha;

(o) prepare an annual report on the activities of the departments under his control and

submit such report to the Board;

(p) undertake such other functions calculated to further the land management functions

of Kartripakkha and any other lawful duty or directions imposed or given by the Board,

or the Chairman.

Functions of the Chief Engineer

44. The Chief Engineer shall be responsible for the management and maintenance of all the

buildings, infrastructure and public utility services developed by or coming under the jurisdiction of

Kartripakkha in accordance with this Act, and all other laws applicable to those matters and without

prejudice to the generality of this duty, the Chief Engineer shall in association with the Chief Estates

Officer -

(a) compile, keep under review and update on a regular basis an inventory of all

buildings, infrastructure and public utility services, owned by or under the control of

Kartripakkha;

(b) develop and maintain land and geographical information systems covering all

infrastructure and public utility services within the declared area and make all such

information available on the website of Kartripakkha;

(c) prepare policies and programmes to make the most effective, efficient and

sustainable use of the infrastructure and public utility services of Kartripakkha and

submit them to the Board for its approval with or without amendments;

(d) prepare proposals, in association with the Chief Planning Officer, for the development

of the infrastructure and public utility services of Kartripakkha and in particular when

preparing such proposals have regard to the needs of the urban poor;

(e) be responsible for ensuring the appropriate design of all necessary infrastructure and

services in connection with any developments that are to be executed by

Kartripakkha;

(f) supervising the construction of any infrastructure and buildings by or on behalf of

Kartripakkha;

(g) providing advice and assistance to Kartripakkha and the Town Development

Committee with respect to their enforcement of building control under the Dhaka



Metropolitan Building (Construction, Development, Conservation and Removal) Rules

2008;

(h) take all necessary steps to ensure that the Board and all ordinary and occasional


to make informed decisions about the management and development of the

Kartripakkha estates;

(i) prepare or cause to be prepared such papers and reports on matters of land

management as may be required by the Board or the Chairman;

(j) ensure that all officers in the departments under his responsibility are adequately



section 38;

(k) develop arrangements for regular meetings with organisations and bodies in the

private sector with interests and expertise in land management and land

development;

(l) make available to the public at a reasonable price all information about the land and

property resources of Kartripakkha held by Kartripakkha;

(m) prepare an annual report on the activities of the departments under his control and

submit such report to the Board;

(n) undertake such other functions calculated to further the building and engineering

functions of Kartripakkha and any other lawful duty or directions imposed or given by

the Board or the Chairman.

Appointment of officers and employees

45. (1) The Board shall, in accordance with the provisions of this section and the general law

governing the employment of public officers, appoint, pay and dismiss such officers and employees

as it shall consider necessary to enable Kartripakkha to carry out its functions.

(2) In determining the numbers, grades, emoluments and other benefits of its officers and employees,

the Board shall have regard to its overriding duty to ensure the economy, efficiency and effectiveness

of its operations for the benefit of the residents within the declared area.

Delegation to officers

46. (1) Subject to this section, anything required or authorised under this Act or any other written

Act to be done by the Board may be done by an officer of Kartripakkha authorised in that behalf by

resolution of the Board either generally or specifically.

(2) The Board may attach to any such delegation referred to in subsection (1) such conditions as it

considers necessary and desirable including limitations as to time within which such delegation shall

be exercised and the information to be reported to the Board from time to time as to the exercise of

such delegated power.

(3) Nothing in this section shall authorise the Board to confer on an officer the power to –

(a) exercise any function under CHAPTER IV of the 1953 Act;

(b) borrow money for or on behalf of Kartripakkha;

(c) make regulations under section 152 of the 1953 Act;

(d) do any other act which by this Act or any other written law is expressly required to be

exercised by the Board.



CHAPTER III

PLANNING PROCESSES

Plans that may be prepared by area planning agency

47. (1) In this chapter, references to an area planning agency shall be taken to mean

Kartripakkha unless the law specifically states otherwise.

(2) Kartripakkha as an area planning agency for the declared area may prepare

(a) an outline, structure or general development plan indicating the major features of

projected growth of the area and approximate locations of public facilities for sustaining

that growth ;

(b) outline, structure or general plans for the development of particular areas subject to

special development pressures;

(c) master plans, land use plans, zoning plans or detailed layout plans for the whole or any

part of its area ; and

(d) plans relating to particular types of development;

(e) plans of any other designation or nature as may seem appropriate or as an area

planning agency may be directed by the Government to prepare.

(3) In addition to the plans referred to in subsection (1), Kartripakkha may and shall, when so

directed by the Government, prepare such regional strategic plans for such areas as may be

designated by the Government and any such designation may incorporate areas outside the declared

area for which a regional strategic plan shall be prepared.

(4) A plan may include such background studies, reports and analyses of matters pertaining to

the planning and development of the planning area, including references to relevant policies of the

Government, international conventions and agreements relating to human settlements and the

environment that have been adopted by the Government, questionnaires and profiles pertaining to the

planning area as are considered by the area planning agency to be desirable to explain and justify the

plan.

(5) In preparing plans for its area, an area planning agency shall have regard to the size and

nature of the planning area, the problem of growth in the area, the desired sequence of various plans,

development schemes and programmes, and any other circumstances peculiar to the area.

(6) In the performance of its functions, an area planning agency shall have regard to

development policies formulated by the Urban & Regional Planning Council and shall conform to such

of those policies as are relevant to the planning area and the type of plan that is being prepared for

that area.

Purpose of plans

48. (1) The primary and overriding purpose of a plan prepared under this Act is to facilitate

the development of sustainable human settlements and within that overriding purpose, the secondary

purposes for which a plan may be prepared may include –

(a) the provision of a spatial framework for the co-ordination and implementation of

national, regional and local programmes and projects of development;



(b) the co-ordination of programmes and proposals for development with the financial

and other resources needed to implement such programmes and proposals;

(c) the involvement of local communities and their representatives in the planning and

development of their areas;

(d) the provision of policies and guidelines for the implementation of development

control;

(e) such other purposes as may be prescribed.

(2) In determining the degree of detail and the scope of the content of a plan, the area planning

agency shall have regard to the importance of preparing a plan in a timely manner and with a content

and in a form which is comprehensible to the persons and communities in the planning area to which

the plan will apply.

(3) Where a plan is being prepared for a planning area which is within an area for which a regional or

sub-regional development plan or regional or sub-regional development policies exist or are in course

of preparation, the plan must conform to the regional or sub-regional policies or draft policies and

proposals of the regional or sub-regional plan.

Rights and duties of the public with respect to planning

49. (1) Subject to subsection (2), all persons within the declared area have the right to—

(a) contribute to the plan-making processes by submitting written or oral representations

or suggestions to the area planning agency responsible for the preparation of the plan

with respect to which the representations or suggestions have been made;

(b) prompt responses to their written or oral communications;

(c) be informed of decisions and proposals in the plan by the area planning agency,

affecting or likely to affect their rights, property and reasonable expectations;

(d) regular disclosure of the processes of planning and the implementation of the plan by

the area planning agency responsible for the preparation and implementation of the

plan, including the finances available to it to implement the plan;

(e) expect that the proceedings of the area planning agency involved in the preparation

and implementation of a plan be characterised by the principles of openness, fairness

and impartiality.

Principles of participation in planning processes

50. (1) An area planning agency shall develop a system of management that encourages

participation by all persons within the declared area in all plan-making processes, and shall for that

purpose—

(a) create appropriate conditions for participation in—

(i) the preparation, implementation and review of all plans;

(ii) the monitoring and review of the processes of the implementation of any

plan, including the outcomes and impact of its performance;

(iii) members of communities affected by land development should actively

participate in the process of land development;

(b) contribute to building the capacity of—

(i) all persons within the declared area to enable them participate in the planning

processes of the area planning agency; and

(ii) members and staff of the area planning agency to foster community participation;

(c) apply its resources, and allocate funds annually as may be appropriate for the

implementation of paragraphs (a) and (b); and



(d) establish appropriate mechanisms, processes and procedures for—

(i) the receipt, processing and consideration of representations and objections lodged

by persons from within the area of jurisdiction of an area planning agency;

(ii) notification of public meetings and hearings organised by an area planning agency;

(iii) consultative sessions with locally recognised resident organisations; and

(iv) regular reporting to the populace.

(e) planning procedures and administrative practice relating to land development should:

(i) be clear and generally available to those likely to be affected thereby;

(ii) be calculated to promote trust and acceptance on the part of those

likely to be affected thereby;

(f) Development should result in security of tenure, provide for the widest possible range of

tenure alternatives, including individual and communal tenure, and in cases where land

development takes the form of upgrading an existing settlement, not deprive occupiers

of homes or land or, where it is necessary for land or homes occupied by them to be

utilised for other purposes, their interests in such land or homes should be reasonably

accommodated in some other manner.

Procedure for preparation of plan

51. (1) Where an area planning agency has determined or has been directed by the Government

to prepare or cause to be prepared a plan, it shall give publicity to that fact within the planning area for

which the plan is to be prepared in such manner as is likely to bring that fact to the attention of people

living and working in that area and shall invite all such people to one or more public meetings within

that area where the purpose and content of the plan may be explained to those people and their

views on the needs of that area and how they might be addressed by the proposed plan may be

obtained.

(2) An area planning agency shall conduct surveys of the people in the planning area to become

better informed of the needs and ideas of those people.

(3) An area planning agency shall, having regard to the views of people obtained under subsections

(1) or (2) of this section, prepare a draft plan to which publicity shall be given in the same manner and

form as is provided for in subsection (1).

(4) Where a plan is being prepared which will or is likely to involve the movement or relocation of

people from their homes or places of work or the acquisition of land in the area or the redistribution of

land or the readjustment of boundaries and areas of plots of land, the area planning agency shall

serve a notice on every person occupying land affected or likely to be affected by such a plan and

shall cause the substance of the plan to be made known throughout the area of the affected land in

such manner as will bring it to the attention of all persons in that area and shall not reach any final

decision on the proposals to which this subsection refers until all persons on whom a notice has been

served have had an opportunity to make representations to the area planning agency on those

proposals.

(5) An area planning agency shall, after giving full and careful consideration to the views of people in

the area and any other persons who have submitted comments on the draft plan and the views of

people to whom subsection (4) applies, revise the draft plan and submit the revised draft plan to the

governing component having jurisdiction over the area for which the action plan has been made.



(6) An area planning agency shall give not less than twenty days notice of any public meeting at

which any matter connected with a plan is to be discussed and of the time by which any written or

other submissions or representations may be made under subsections (1), (3) or (4).

Approval of plans

52. (1) The power to determine whether to approve or refuse to approve a plan is vested in the

Government and shall be exercised in accordance with the provisions of sections 53 to 57 of this Act.

(2) The Government may by order transfer the powers referred to in subsection (1) to a governing

component in respect of any plan.

(3) Where the Government or a governing component exercising powers under subsection (2) refuses

to approve a plan or approves it subject to any amendments, then the decision to refuse to approve

the plan or to approve it with amendments shall be accompanied by clear and full reasons for that

decision.

Procedure after submission of draft plan to Government

53. (1) Upon the submission of a draft plan to the Government, it shall cause to the published in

the Gazette, in one newspaper and in such a manner in the planning area for which the plan has been

prepared as will cause the matter to become known to persons in the area, a notice –

(a) specifying the area affected by the plan;

(b) specifying the places where the plan may be inspected and the hours during which it

may be inspected;

(c) specifying the times and places where any public meetings or public hearings will

take place to enable all persons to be informed of the plan and make comments on or

propose additions or amendments to the plan;

(d) inviting the public to make representations on or propose amendments or additions to

the plan within 60 days from the date of the publication of the notice.

(2) Where, at the end of the period referred to in subsection (1) (c),

(a) no comments on or suggestions for changes or amendments to the plans to the plan

have been received; or

(b) the comments on or suggestions for changes or amendments to the plans to the plan

that have been received are not, in the opinion of the Review Panel, of sufficient

substance to require that a public hearing be held into the plan; and

(c) the Government is minded to approve the plan without substantial amendments

thereto,

the Government shall, subject to subsection (3), within sixty days approve the plan with or

without minor amendments.

(3) The Government may refer a plan to which subsection (2) refers to the governing component for

its opinion on the plan and where such a reference is made, the governing component shall submit its

opinion on the plan within thirty days of the plan being referred to it and the Minister shall make a

decision on the plan within thirty days of the receipt of the opinion of the governing component.

(4) Where, as a consequence of opinion of the governing component received under subsection (3)

or at the end of the period referred to in paragraph (c) of subsection (2) representations have been

received which in the opinion of the Review Panel are of sufficient substance to require that a public

hearing be held into the plan, the Government shall direct that a public hearing into the plan and any

such representations made thereon shall take place.



(5) The Government shall –

(a) determine the date being a date not earlier than sixty days from the date on which it

directed that a public hearing shall take place into the plan for the commencement of

the public hearing;

(b) specify the place in the planning area where the public hearing shall take place;

(c) after consultation with the Review Panel second one or more officials from the

Government to assist the Review Panel with the administration of the public hearing;

(d) undertake such other functions in relation to the setting up and management of the

public hearing as may be prescribed.

The Review Panel

54. (1) The Government shall appoint not less than two nor more than five persons, hereinafter

referred to as the Review Panel, to hold a public hearing into a draft plan.

(2) A Review Panel shall consist of persons, not being persons in the public service, with

qualifications and experience in urban planning or land management and with assessing and forming

a judgement on conflicting points of view and evidence on planning or land matters.

(3) The Review Panel shall be under a duty to ensure that –

(a) the place or places where the public hearing is to take place and all other relevant

information about the holding of the public hearing is given wide publicity;

(b) all persons wishing to make attend and contribute to the public hearing are given an

opportunity to do so and if necessary are assisted to make those representations;

(c) the hearing is conducted in a manner designed to put persons wishing to make

contribute at their ease and to encourage them to express themselves as they would

in ordinary speech;

(d) the rules of natural justice are observed at the public hearing;

(e) the times, format, procedures and language of the public hearing take account of the

needs, capacities and likely availability of those wishing to make representations to

him.

(4) Subject to the abovementioned principles and any procedures that may be prescribed, the

Review Panel shall exercise its own discretion in determining the procedures of the public hearing.

(5) The process of a public hearing shall be completed within three months of its

commencement.

Report on the public hearing

55. (1) The Review Panel shall as soon as may be after the end of the public hearing prepare a

report on the public hearing and submit that report to the Government.

(2) The report shall –

(a) summarise the content of the draft plan and the case for accepting the plan;

(b) set out all comments and suggestions for changes and amendments that have been

made on and about the draft plan;

(c) analyse and comment on the strengths and weaknesses of the matters referred to in

paragraphs (a) and (b) above;



(d) make recommendations on any of the matters referred to in paragraphs (a), (b) and

(c) above;

(e) make recommendations on whether the draft plan is a viable plan which will provide a

sound basis for the development of the area for which it has been prepared.

(3) The report may contain such other matters including recommendations on any other matters

which appear to the Review Panel to be germane to the subject matter of the hearing.

Duty of Government in relation to the report of the Review Panel

56. (1) The Government shall be under a duty to give a full and fair consideration to the report of

the Review Panel.

(2) In giving a full and fair consideration to the report, the Government may seek and make use of the

advice and assistance of officials in the public service and such other officials and persons, not being

officials or persons who appeared before and gave evidence to the Review Panel whom it considers

likely to assist it in reaching informed decisions on the recommendations in the report.

(3) The Government shall not be obliged to accept any or all of the recommendations of the report but

where the Government is minded to reject a recommendation of the report, it shall –

(a) give reasons for the rejection of the recommendation;

(b) where the recommendation which is to be rejected is based on a representation or

objection made at the public hearing, offer the person or persons who made the

representation or objection an opportunity to comment on the reasons for the

rejection;

(c) give full and fair consideration to any comments received under paragraph (b).

Duty of Government with respect to draft plan after public hearing

57. (1) The Government shall within sixty days of the receipt of the report of the Review Panel

under section 54 either –

(a) refer the draft plan back to the area planning agency which prepared the plan with

directions as to what matters in the plan are to be reviewed and revised; or

(b) approve, with or without amendments, the draft plan; or

(c) reject the draft plan.

(2) Where the Government determines to reject the draft plan, then if the plan had been prepared by

an area planning agency or a person or organisation contracted so to prepare a plan by that area

planning agency, the Government may direct another area planning agency to take over the

preparation of the plan.

(3) Where the Government approves a plan, notice of the approval shall be published in the Gazette,

in a national newspaper and in the planning area in such manner as will cause the matter to become

known to the people of that area and reference shall be made in the notice to the places where and

the manner in which a copy of the plan shall be made available for public inspection and access.

(4) A plan shall take effect within the planning area for which it has been made 15 days after the

publication of the notice in the Gazette to which subsection (3) refers.

Duty of governing component with respect to draft plan

58. (1) Where a draft plan has been submitted to a governing component under subsection (2) of

section 51 of this Act, the chairman shall convene a special meeting of the governing component to

consider the draft plan.



(2) A special meeting of the governing component to consider a draft plan shall meet within sixty

working days of the submission of that draft plan.

(3) Prior to the meeting of the special meeting, the governing component may appoint a special

committee to consider any matter connected with or arising from the programmes and proposals

contained in the draft plan and where such a committee is convened, the report of that committee

shall be submitted to the governing component and shall be considered together with the draft plan at

the special meeting of the governing component.

(4) A special meeting of the governing component to which this section refers shall be open to the

public.

(5) Any member of the public who is present at the special meeting of the governing component to

which this section refers may, with the permission of the person presiding at the meeting, address the

governing component on the content of the draft plan.

(6) The governing component may resolve to –

(a) approve the draft plan;

(b) approve the draft plan with amendments;

(c) refer one or more proposals of the draft plan to the committee for further review;

(d) reject the draft plan and in such a case the provisions of section 59 shall apply.

(7) Where the governing component resolve to take action under subsection (6) (c), a report of

the committee shall be considered at a special meeting of the governing component and if the report

is approved, the governing component may thereupon approve the draft plan.

Powers of Government where governing component resolves to reject draft plan

59. (1) Where the governing component has resolved to reject the draft plan, it shall inform the

Government of its decision.

(2) A resolution to reject the draft plan shall not take effect unless and until it is confirmed by the

Government.

(3) On receipt of the resolution of the governing component to reject the draft plan, the Government

may–

(a) confirm the resolution;

(b) decline to confirm the resolution and refer the draft plan back to the governing

component with comments and require the governing component to reconsider its

decision to reject the draft plan;

(c) refuse to confirm the resolution and send the draft plan back to the governing

component with a direction that it is to approve the plan with or without any

amendments proposed by the Government.

(4) Where the Government takes action under paragraph (b) of subsection 3, the governing

component shall reconsider its decision to reject the draft plan.

(5) Where the governing component determine to reaffirm its rejection of the draft plan, it shall so

inform the Government of its decision.

(6) On receipt of the reaffirmation of the rejection of the draft plan by the governing component, the

Government shall either take action under paragraph (a) or paragraph (c) of subsection 3 of this

section.



Revision of plans

60. (1) An area planning agency shall keep an approved plan under continuous review and shall

have the discretion to make minor adjustments to that plan from time to time so as to ensure that the

plan continues so far as possible to provide a sound basis for the development of the local planning

area for which it was made.

(2) At least once every eight years after the date of the approval of that plan or at any time prior to

the end of that period of eight years as the Government may, after receiving any advice to that effect

from the Urban and Regional Planning Council and the area planning agency that prepared the plan

direct, the area planning agency shall prepare a revision of the approved plan or any part thereof

which in the opinion of the area planning agency or by the directive of the Government requires a

revision.

(3) In determining whether an approved spatial development plan or any part thereof requires a

revision, the area planning agency or, as the case may be, the Urban and Regional Planning Council

in advising the Government, shall have regard to –

(a) any significant changes in any policies of government which render any policies or

proposals in the approved plan out of date or otherwise unnecessary or undesirable

to pursue;

(b) the extent to which the development that has taken place since the approved plan

was first prepared complies with or departs from such plan;

(c) where the development that has taken place represents a departure from the

approved plan, the amount and type of such development that has taken place,

where it has taken place and the effect it has had on the economy, the environment

and the social development of the planning area;

(d) whether there are any significant pressures for development within the planning area

and if so, for what kind of development;

(e) any development and pressures for development in areas contiguous to the planning

area;

(f) the views of the people in the planning areas on the need for or desirability of a

revised plan;

(g) such other matters as may be prescribed.

(4) The Government shall not be obliged to act in accordance with the advice of the area planning

agency or the Urban and Regional Planning Council received under subsection (2) but in determining

whether to give any direction to an area planning agency to revise an approved plan or part thereof,

the Government shall be bound to have regard to all those matters set out in subsection (3).

(5) The provisions of sections 51 to 59 shall apply any revision of an approved spatial development

plan as they apply to an original spatial development plan.

Supplementary planning statements by area planning agencies

61. (1) An area planning agency may, from time to time, issue supplementary planning

statements relating to the planning and development of the area over which it has authority to make

plans.

(2) In preparing a supplementary planning statement, a planning authority shall have regard to –

(a) section 47 of this Act so far as the provisions of that section are relevant to the

proposed content of the supplementary planning statement;



(b) any planning policy guidance issued by the Urban and Regional Planning Council.

(3) Where there is any conflict between –

(a) an approved plan and any statement issued under subsection (1); or

(b) any planning policy guidance issued by the Urban and Regional Planning Council and

any statement issued under subsection (1),

then, the approve plan or, as the case may be, the planning policy guidance shall take priority

to any such statement.

(4) Where in any case there is no approved plan for a planning area or part thereof and an area

planning agency propose to issue any statement under subsection (1) which, either generally or in

relation to that part of the planning area for which there is no approved plan or on a specific matter,

sets out any policies relating to the development of the planning area, or any part of such area, that

area planning agency shall:

(a) publish a draft of such statement;

(b) make it available to the members of the public in the planning area;

(c) send a copy of the draft statement to the Government;

(d) convene one or more public meetings in the planning area to explain the statement to

the members of the public and take note of any comments received about the

statement at any such public meeting;

(e) revise the statement in the light of comments received at any such public meeting;

(f) publish the statement and make it available to the members of the public;

(g) send a copy of the published statement to the Government.

(5) The Government may –

(a) on receipt of a copy of the draft statement under subsection (4)(c), within thirty days

of that receipt, direct the area planning agency to take no further action in respect of

that statement; or

(b) on receipt of a copy of a published statement under subsection (4) (f), within sixty

days of that receipt, direct the area planning agency –

(i) to withdraw the published statement and take no further action thereon; or

(ii) to use the statement as a basis for any decisions to be made on any application

for permission for development until such time as an approved plan comes into

operation in the planning area, with such amendments, if any, as the Government

shall specify.

(6) The Government may refer any statement to which this section applies which has been sent to it

under subsection (4) to the Urban and Regional Planning Council for its comments, to be given to it

within such time as may be specified, and where the Government has so sent any such statement, it

shall, before taking any action under subsection (4), take into consideration the comments of the

Council on such statement.

(7) Where after the end of the period of sixty days from the receipt of the published statement by the

Government, the Government has not taken any action under subsection (5), the area planning

agency may thereupon use that statement as if the Government had authorised its use under

subsection (5)(b)(ii).



Delegation of plan preparation powers by Kartripakkha

Application by area planning agency to become delegated area planning agency

62. (1) An area planning agency within the declared area may make an application to

Kartripakkha to become a delegated area planning agency.

(2) An application from an area planning agency shall specify

(a) the type of plan, having regard to section 46, which the area planning agency intends

to prepare or cause to be prepared;

(b) the time-scale within which the plan is to be prepared;

(c) the number, skills and experience of the staff likely to be employed in preparing the

plan;

(d) the procedures to be followed by the area planning agency to obtain the services of

planning consultants or other similarly qualified persons to prepare a plan;

(e) such other information as may be prescribed or as Kartripakkha may reasonably

require to enable it to make an informed decision on the application.

(3) The Chief Planning Officer of Kartripakkha shall discuss the application with relevant officials of

the applicant area planning agency and on the basis of the discussion and the application submitted

under subsection (2) shall make a recommendation to the Board on whether the application should be

approved.

(4) The Board shall within sixty days of the receipt of an application either

(a) approve the application in the terms of the application; or

(b) approve the application with conditions attached by the Board; or

(c) reject the application.

(5) Where the Board rejects the application it shall give detailed reasons as to why it has rejected the

application.

(6) An area planning agency may appeal against a refusal of an application made under this section

to the Government.

(7) In determining an appeal made under this section, the Government shall have the powers of

Kartripakkha as specified in subsection (4)

Government directive to Kartripakkha to delegate to delegated area planning agency

63. (1) The Government may direct Kartripakkha, within such time being not less than sixty days,

to delegate to one or more named area planning agencies the function of preparing such plans as

may be specified in the directive .

(2) The directive may contain such matters as are specified in subsection (4) of section 62 and in

addition may contain such other matters connected to the preparation and content of plans as the

Government may, after considering any advice received from the Urban and Regional Planning

Council, determines to include in the directive.

(3) The Board may on receipt of the directive referred to in subsection (1) make representations to the

Government on that directive within the period of thirty days from the date of receipt of the directive.



(4) On receipt of any representations under subsection (3) from the Board, the Government shall

consider those representations and may either confirm the directive as it was originally made or make

such alterations and amendments to the directive in the light of those representations as it thinks fit.

Functions of Kartripakkha where planning powers delegated to delegated area planning

agency under this Chapter

64. (1) Where a delegated area planning agency has prepared a draft plan, then before

submitting that draft plan to the Government under section 52, that delegated planning agency shall

submit that draft plan to Kartripakkha.

(2) Kartripakkha may, within sixty days of the submission of the draft plan, make such comments on

the draft plan as it considers necessary and where any such comments are made, the delegated area

planning authority may either

(a) revise, amend or add to the draft plan in the light of the comments of Kartripakkha

and then submit the draft plan as revised, amended or added to the Government; or

(b) submit the draft plan together with the comments of Kartripakkha to the Government

and a statement as to why the delegated area planning agency is not able to accept

the comments of Kartripakkha.

(3) Kartripakkha may offer such advice and assistance to the delegated area planning agency as may

be requested by that delegated area planning agency during the process of preparing a plan or as it

may see fit to offer.

(4) Where planning powers have been delegated under this Part to a delegated area planning

agency, Kartripakkha shall not attempt to exercise any of those planning powers that have been

delegated to that delegated area planning agency.

(5) Where planning powers have been delegated to a local authority or other area planning agency,

the powers specified in chapter IV shall also be delegated to that local authority or other area planning

agency which shall thereupon become a development control for its area of jurisdiction.

CHAPTER IV

THE MANAGEMENT OF DEVELOPMENT

Meaning of “development”

65. (1) In this Act, “development” means the carrying out of any building, engineering, mining, or

other works or operations in, on, under or over land or the making of any material changes to the use

of land or buildings but does not include –

(a) land used for purposes of agriculture;

(b) any changes of use of land or buildings where the existing and the proposed uses

both fall within the same group of land or building uses which may be prescribed by

order of the Government;

(c) the carrying out of works or the maintenance, improvement, extension, or other

alteration of a single dwelling house which does not increase the overall cubic content

of that dwelling house together with any other building forming part of or required for

uses incidental to the use of the dwelling house which is within the curtilage of the

dwelling house by more than twenty-five per cent;



(d) the carrying out of works or the maintenance, improvement or other alteration of a flat

within a block of flats which does not increase the overall cubic content of that flat by

more than ten per cent;

(e) the carrying out of works or the maintenance, improvement or other alteration of any

building other than a dwelling house but including a block of flats being works which

do not increase the cubic content of a building by more than fifteen per cent or do not

materially affect the external appearance of the building;

(e) the carrying out of any works required for the maintenance or improvement of a road,

being works carried out on land within the boundaries of the road;

(f) the carrying out by any local authority or any organisation or statutory authority or

company providing public utility services of any works for the purpose of inspecting,

repairing, replacing or renewing any sewers, drains, pipes, cables, power lines,

dishes, masts or other similar apparatus;

(g) the use of any building or other land within the curtilage of a single dwelling house or

a block of flats as such.

(2) For purposes of this section, the deposit of hazardous refuse or waste materials on land involves a

material change in the use of land notwithstanding that the land is comprised in a site already used for

the deposit of non-hazardous refuse or waste materials.

Consultation

66. (1) A development control agency shall consult with the following persons and authorities in

the following circumstances –

(a) where an application to develop land involves or is likely to involve any provider of

public utility services, with any such provider;

(b) where an application to develop land has or is likely to have significant environmental

effects and the applicant is to be required to prepare an environmental impact

assessment, with the agency responsible for the carrying out of an environmental

impact assessment;

(c) where an application to develop land has or is likely to have a significant impact on

roads or traffic management, with the Ministry for the time being responsible for

roads;

(d) where an application to develop land affects or is likely to affect the land of or

services provided by an area planning agency outside the declared area , with that

area planning agency;

(f) in any case where the Government has issued a directive to a development control

agency to consult with a person or authority or body named in the directive, with that

named person, authority or body.

(2) Where a development control agency is required to consult in accordance with subsection (1), it

shall send a copy of the application and all accompanying information and give not less than thirty

days notice to the person, authority or body with whom or which it is required to consult that such

application will be considered on a specified date.

(3) A person, authority or body sent a copy of an application and a notice under subsection (2) shall,

before the date specified in the notice either –

(a) communicate –

(i) a written comment on that application to the development control agency; or

(ii) information to the effect that no comment will be made on the application to

the development control agency;



(b) request an opportunity to address the development control agency at the meeting at

which the application is to be considered; or

(c) request a meeting with the development control agency to discuss the application.

(4) A development control agency shall comply with any request made to it under subsection (3).

(5) A development control agency shall not determine any development application to which this

section applies unless and until it has either –

(a) received and taken into account any comments and representations made to it by any

of the persons, authorities or bodies referred to in subsection (1), whether those

comments and representations are in writing or made orally at a meeting referred to

subsection (2)(e) or at a meeting to consider the application referred to in subsection

(2)(d); or

(b) received a communication from a person, authority or body to whom or which it sent a

copy of the application and a notice under subsection (2) that no comment or

representation will be made.

(6) If at the end of the period specified in the notice sent under subsection (2), any of the persons,

authorities or bodies to whom or to which a copy of the application and a notice was sent under

subsection (2) has not complied with subsection (3), it shall be conclusively presumed that that

particular person, authority or body did not wish to make any comment on that application and the

development control agency may proceed to determine that application.

(7) Subject to subsection (1), a development control agency may consult with such persons and

bodies as it considers necessary and desirable to assist it to perform any of its functions under this

Chapter of this Act.

(8) Where a development control agency determines to consult with any person or body under

subsection (7), it shall give that person or body a reasonable opportunity to respond to any request for

a comment or an opinion and shall take any such comment or opinion as it receives into account in

connection with any decision on the matter in respect of which it requested that comment or opinion.

Publicity for applications and representations thereon

67. (1) A development control agency shall, in respect of an application to which section (1)

applies, cause to be given such publicity to such application as will bring it to the attention of persons

in the area likely to be affected by such application.

(2) An applicant for development permission to which this section applies shall hold one or more

public meetings in the area referred to in subsection (1) to explain the application to and receive

comments and representations on the application from the persons at such public meetings.

(3) An applicant whose application is the subject of a public meeting may make representations to the

public meeting.

(4) An applicant shall submit a report of the public meetings and comments received at those public

meetings to the development control agency.

(5) A development control agency shall take into account any comments and representations made at

or resolutions passed by a public meeting in determining an application to which this section applies.

Development control agency to meet in public

68. (1) A meeting of a development control agency to determine any application for development

permission shall be open to the public.



(2) A development control agency shall give public notice of the time and place of the meeting by

posting details of the meeting at some central and conspicuous place in the area with which it is

concerned not less than seven days before the meeting is to take place.

(3) Copies of the agenda together with all other papers to be considered at the meeting (other than

papers determined to be confidential) shall be made available to members of the public.

(4) Where the meeting is open to the public, the development control agency shall not have power to

exclude any member of the public (other than any member of the public who causes a nuisance at or

attempts to disrupt the meeting) or any duly accredited member of the press attending for purposes of

reporting on the proceedings.

(5) A development control agency may by resolution exclude the public from the whole or part of any

meeting where it is considered that the confidential nature of that part of the business of the meeting

should be conducted in private but no such resolution may be approved which would prevent any

application for development permission from being discussed and determined in public.

Determination of application for development permission

69. (1) Where an application is made to a development control agency for permission to develop

land, the agency shall either –

(a) grant unconditionally; or

(b) grant subject to conditions; or

(c) refuse permission to that application and shall give reasons for any determination so

made.

(2) Where an environmental impact assessment of a proposed development is being carried out, a

development control agency shall not consider and determine an application for development

permission for such proposed development until it has received and considered that a report on that

environmental impact assessment.

(3) Where an application is made for development permission for a development which is in broad

conformity with –

(a) an approved plan; or

(b) where there is no approved plan, a supplementary planning statement applicable to

that type of development, and

and in any such case where an environmental impact assessment has been carried out with

respect to the proposed development and the development control agency is informed by the

relevant environmental authority that the assessment is satisfactory, permission for that

development shall be granted by the development control agency.

(4) There shall be a presumption that permission to develop land shall be granted, either

unconditionally or subject to conditions in respect of any and all of the following applications –

(a) where an application is made for permission to develop land which is broadly similar

in its scope and details to an earlier application to develop land in the vicinity which

was granted permission;

(b) where an application is made for permission to develop land which, although not in

broad conformity with the plan or a supplementary planning statement to which

section applies, is, having regard to the pattern of development in the neighbourhood

of the proposed development, consistent with that pattern of development and not

otherwise harmful to the environment;



(c) where an application is made for permission to build a single storey building for

residential or commercial or mixed residential and commercial use on land in an area

which is not subject to a plan or to a supplementary planning statement made under

section;

(d) where an application is made for permission to develop land which is not in

conformity with a plan but such plan is under review and the proposed development

is unlikely to prejudice any revision of that plan;

(e) where an application made for the development of land is one which is supported by

all those persons, authorities and bodies consulted in accordance with section ;

(f) any other application made for the development of land which the Government may

prescribe as being an application to which this subsection shall apply.

(5) In respect of an application to develop land, a planning authority shall, while taking account of the

provisions of subsections (3) and (4), in dealing with such application have regard to –

(a) first, the existence of a land use clearance certificate;

(b) second, an approved plan;

(c) third, any supplementary planning statement applicable to applications of that type or

to that planning area;

(d) fourth, any environmental impact assessment completed in respect of the proposed

development;

(e) fifth, any comments or representations received under section 67;

(f) sixth, any comments made by any persons or bodies consulted under section 66;

(g) seventh, any other considerations relating to the development of the area in which the

land the subject of the application is situate which appear to the development control

agency to be material to the application.

(6) Without prejudice to the generality of subsection (5)(g), material considerations may include –

(a) any effect on the economy and on employment in the area;

(b) any effect on the social and cultural development of the area;

(c) any effect on the natural resources of the area which are used as local materials for

traditional building or other traditional uses;

(d) any effect on the demand for land in the area;

(e) traffic considerations.

(7) If no decision is given on an application by the development control agency –

(a) within sixty days from the date on which such application was received by that

development control agency or such longer period as the development control

agency and the applicant may agree; then –

(b) where the application is one to which subsection (3) applies, that application shall be

treated as having been granted; and

(c) in respect of any other application, such application shall be treated as having been

refused.

Conditions

70. (1) A development permission may be granted subject to such conditions as appear to the

development control agency to be likely to contribute to the effective and orderly development of land

in accordance with the grant of development permission and without prejudice to the generality of

these provisions, conditions may deal with all or any of the following matters:



(a) the timing and phasing of a development;

(b) landscaping and the preservation of trees and other natural resources on or

contiguous to the land on which the development is to take place;

(c) the preservation of any buildings on the site of or in connection with or contiguous to

the development;

(d) the contribution including the financial contribution the developer will be required to

make to the provision of infrastructure, public utility services, roads and car parking in

connection with the development;

(e) the design of and the materials to be used in the construction of the development;

(f) the removal of waste from the site of the development during and after any building

engineering or mining operations;

(g) the use of land in the ownership or under the control of the developer, contiguous to

the land being developed, for any purpose connected to that development;

(h) any development and use of land ancillary to the development for which planning

permission has been granted and in particular any housing or other facilities provided

for those persons working on the development;

(i) any action to ensure that any proposals for the containment of environmental damage

likely to be caused by the development made in an environmental impact assessment

are complied with.

(2) In determining whether to impose any condition on a grant of planning permission, a planning

authority shall have regard to any planning policy guidance on conditions and to whether such

condition is –

(a) reasonable;

(b) practicable;

(c) clear;

(d) properly related to the development;

(e) not unduly onerous;

(f) enforceable.

Time and completion of development

71. (1) A development permission shall lapse and shall cease to have any effect if the

development to which it relates has not been commenced within two years of the date of the grant of

that development permission.

(2) A development control agency may by written notice, hereafter referred to as a completion notice,

served on a person who has commenced but has not within two years of the date of that

commencement completed a development for which he obtained planning permission, require that

person to complete that development within the time specified in the notice.

(3) A development control agency may on the request of an applicant for development permission or

a person who has been granted development permission extend the time limits referred to in

subsections (1) and (2) but must give and record reasons for any such extension.

(4) A grant of development permission may provide that the development to which it relates shall be

permitted for a limited period only.



Departure applications

72. (1) Subject to the provisions of this section, a development control agency may grant

permission for development which does not accord with the provisions of an approved plan in respect

of any land which does not exceed one hectare if in the opinion of the development control agency

the proposed development –

(a) is not of a scale which is significant in relation to the approved plan from the

provisions of which it is a departure;

(b) is not of more than local significance;

(c) does not raise any issue of general policy;

(d) does not raise environmental issues that should be referred to the Environmental

Agency.

(2) The provisions of section 67 shall apply to this section.

Development obligation

73. (1) Subject to this section, a development control agency may enter into an agreement

(referred to hereafter as a development obligation) with any person proposing to develop any land,

concerning the development of such land, for the purposes of this Act.

(2) Without prejudice to the generality of subsection (1), a development obligation may provide for –

(a) the area of land to be developed and the rate and timing at which the land is to be

developed;

(b) the nature, scope, design and landscaping of the development;

(c) the community facilities and physical infrastructure to be provided for the

development and for any land contiguous to the development and the timing for the

construction of, or the payment of sums for the provision of the facilities and

infrastructure, the need for which is generated by the development proposed;

(d) the nature, scope and cost of any benefits to be provided for any community likely to

be adversely affected by the development;

(e) the manner in which any adverse impact on the natural or built environment caused

by the development will be mitigated or avoided;

(f) where any person is likely to be required to move from where he is living or where he

is using land for his livelihood by the development, the arrangements to be made by

the developer to provide that person with alternative living accommodation and

alternative methods of obtaining his livelihood or other forms of compensation;

(g) the hours during which construction work, including demolition connected to, or on the

development, may take place;

(h) the security which the developer will be required to provide to guarantee performance

of the agreement;

(i) the insurance which the developer will be required to provide to cover for risks

connected to the development;

(j) where the development is a joint venture between the developer and the Government

or a parastatal body, the contribution of capital and other resources to be made by

each party and the manner in which obligations, liabilities and benefits, including any

profits and losses will be shared between the parties;

(k) the method of settling any disputes arising out of the development obligation;



(l) the time period within which the obligations of the parties are to be carried out and the

time period in which the development obligation shall lapse if the development is not

commenced.

(m) the quotas of different categories of housing that must be built in any housing

development so as to ensure adequate provision is made for the urban poor in any

new development, or land that must be allocated to this group.

(3) Where a development obligation requires a sum or sums to be paid to a development control

agency in connection with the implementation of the development obligation or any aspect of part

thereof, the development obligation may require

(a) the sum or sums to be paid on a specified date or dates or periodically;

(b) the payment of a specified amount determined in accordance with the terms of the

development obligation;

(c) the payment of periodical sums indefinitely or for a specified period.

(4) A draft of any development obligation shall be placed before a meeting of the governing

component of the development control agency for its consideration and discussion, and section 68

shall apply to that meeting.

(5) Every development obligation shall be entered into a register of development obligations, which

shall be maintained by the development control agency in the prescribed form and which shall be

available for inspection and copying by members of the public at specified times during office hours.

(6) A development control agency may vary, amend, modify, or terminate a development obligation by

a subsequent development obligation with any person who was a party to the original development

obligation or any successor in title to that party to the land which is the subject of the development

obligation.

(7) In negotiating any development obligation with a developer, the development control agency shall

seek and take into account the views of –

(a) all relevant departments and agencies of government likely to be affected by the

development the subject of such development obligation;

(b) any local authority in whose area of jurisdiction the development the subject of such

development obligation is to take place;

(c) such other persons and bodies as the Government considers will contribute to the

more effective negotiation and content of such development obligation, on the

proposed content of such development obligation.

(8) No development obligation may contain a provision excluding an obligation to prepare an

environmental impact assessment where this is required by the law.

(9) No development obligation shall have any force or effect of any kind nor shall it give rise to any

rights or liabilities whatsoever unless and until it has been assented to by the Attorney-General or a

lawyer nominated by the Attorney-General for that purpose and such assent which shall be in writing

shall be concerned only with ensuring that such development obligation conforms to the laws and

practices of Bangladesh, including where relevant, any international agreements to which Bangladesh

is a party.

(10) An approved development obligation shall attach to the land to which it relates as if it were a

covenant benefiting and running with the land and the development control agency was the person

entitled to the benefit of the covenant and the developer and any successor in title to the developer

the lawful occupier of land were the person subject to the burden of the covenant obliged to comply

with the covenant.



(11) The provisions of section 67 shall apply to the making of a development obligation under this

section.

Special development area

74. (1) A special development area is an area in respect of which a special development area

scheme is in force.

(2) The approval of a special development area scheme has effect to grant in relation to the area, or

any part of it specified in the scheme development permission –

(a) for development specified in the scheme; or

(b) for development of any class so specified.

(3) Development permission under a special development area scheme may be unconditional or

subject such conditions, limitations and exceptions as may be specified in the scheme.

(4) Nothing in a special development area scheme shall affect the right of any person –

(a) to do anything not amounting to development; or

(b) to carry out development for which development permission is not required or for

which permission has been granted otherwise than by the scheme.

Making of special development area scheme

75. (1) A special development area scheme may be made by an area planning agency in respect

of any area of land –

(a) designated for the purpose of effecting rapid development of the land;

(b) designated to be developed as an export processing zone or for similar industrial,

commercial or service functions under any scheme or programme applicable to

Bangladesh designed to facilitate the export of goods and services;

(c) undergoing rapid development.

(2) A scheme shall consist of a map and a written statement and such diagrams, illustrations and

descriptive matter as the area planning agency think appropriate for explaining or illustrating the

provisions of the scheme

(3) A scheme shall specify –

(a) the development or classes of development permitted by the scheme;

(b) the land in relation to which permission is granted; and

(c) any conditions, limitations or exceptions subject to which it is granted, and shall

contain such other matters as may be prescribed.

(4) When an area planning agency has prepared a scheme, it shall submit it to the Government for its

approval.

(5) Prior to the approval of a scheme, Government shall –

(a) direct the area planning agency –

(i) to hold one or more public meetings in the area proposed for a simplified planning

zone to explain the nature and purpose of the scheme to the persons living and

working in that area and to solicit the views of such persons on the proposed scheme;

and

(ii) to prepare a report on the public meetings for the consideration of the

Government; and



(b) take into account any such report as is prepared under paragraph (a)(ii) in

determining whether to make a scheme.

(6) Where the Government approves a scheme, with or without amendments, –

(a) notification of the scheme shall be published in the Gazette and in a national

newspaper; and

(b) a copy of the notification shall be posted in the offices of the local authority having

jurisdiction in the area where the scheme area is situate; and

(c) the substance of the scheme made known to persons living and working in the area in

such manner and form as will be most effective in bringing the scheme to their

attention.

CHAPTER V

LAND READJUSTMENT

Purpose of land readjustment

76. (1) The purpose of land readjustment provided for in this Chapter is to plan for and implement

the pooling of plots of land within a defined area to be known as a land readjustment zone, to

rearrange the boundaries, shapes and sizes of plots of land within that defined zone in the interests of

a more effective, efficient and equitable use of that land and to enable the better provision of public

utility services to the occupants and owners of land within that defined zone by the re-allocation of a

portion of land from each privately occupied plot to public use and the provision of public utilities.

(2) This chapter may, with the approval of the Government, be applied to any other local authority

area.

Undertaking land readjustment

77. (1) Readjustment shall be undertaken and carried out either

(a) by the residents within a readjustment area or part of such an area; or

(b) by a readjustment agency, or a person or organisation acting on behalf of and under

contract to a readjustment agency.

(2) Where readjustment is to be carried out by residents, the residents shall, with the assistance

and support of a readjustment agency form themselves into an organisation (a residents’

readjustment organisation) which will be empowered to

(a) make decisions and take actions on behalf of and binding on all those persons who

are members of that organisation;

(b) undertakes regular consultation at meetings with all the members of the organisation;

and

(c) complies with, accepts and acts on the decisions of the members recorded at

meetings of the organisation;

(d) elects persons to the Land Readjustment Consultative Committee.

(3) A development control agency may of its own motion or when so directed to do so by the

Government develop and carry out a programme of land readjustment under this chapter and shall be

known as a readjustment agency when so exercising the functions of land readjustment.



Land Readjustment Officer

78. A readjustment agency shall in respect of any land readjustment area appoint a person to be

known as a land readjustment officer to carry out such functions set out in this Chapter as are

allocated to him and any other functions in a land readjustment area as may be allocated to him by

the readjustment agency.

Feasibility study

79. (1) Where a readjustment agency is minded to undertake a land readjustment scheme, it shall

initiate a feasibility study either

(a) in response to a petition from the owners and occupiers of land in the proposed land

readjustment area; or

(b) of its own initiative.

(2) Where a readjustment agency initiates a feasibility study, it shall

(a) encourage active public participation by the owners and occupiers of land in the

proposed land readjustment area in the preparation of the study; and

(b) conduct at least one public consultation meeting in the proposed land readjustment

area where the purpose of a land readjustment scheme is explained to the owners

and occupiers of land within the proposed land readjustment area and the owners

and occupiers are encouraged to express their views on the proposal, which views

shall be recorded and taken into account.

(3) A feasibility study shall address the following issues:

(a) the number of owners and occupiers of land

(b) the size of the plots of land;

(c) topography;

(d) the likely environmental impact of a scheme and the safeguards that can be

established;

(e) whether the scheme is likely to result in a rise in property values.

(4) A feasibility study shall include a preliminary cost estimate of the scheme and its financing plan.

(5) In association with the preparation of a feasibility study, the readjustment agency shall prepare a

draft layout plan from which it will be possible to estimate approximately the amount of land required

for the creation of infrastructure within the scheme area.

Public support for a planned land readjustment scheme

80. (1) After a feasibility study has been completed, a readjustment agency shall, where it is of a

mind to proceed with the establishment of a land readjustment scheme, advertise the proposed

declaration of a land readjustment scheme in such manner and form as will bring it to the attention of

those likely to be affected by the scheme.

(2) The advertisement shall

(a) identify the land to be affected by the proposal;

(b) describe the nature of the proposal;

(c) specify the places where the feasibility study and draft layout plan may be viewed and

the times at which it may be viewed;



(d) set out the estimate, by the readjustment agency, of the contribution ratio for the

scheme calculated under section 90 and the likely increase in the value of the land as

a result of the scheme;

(e) specify that owners and occupiers of land may indicate support for or opposition to

the scheme by making representations or completing the appropriate forms and

sending them or giving them to the readjustment agency;

(f) specify the date, being not less than thirty days from the date of the publication of the

advertisement, by which the indication of support or opposition referred to in

paragraph (e) must be received by the readjustment agency.

Declaration of land readjustment area

81. (1) A readjustment agency shall give full consideration to all representations made to it under

section 80.

(2) A readjustment agency may declare a land readjustment area if it has received a written

notification of support under paragraph (e) of subsection 2 of section 80 from three-quarters of the

owners and occupiers of plots in the area on or before the closing date specified for the receipt of

submissions under paragraph (f) of subsection (2) of section 80.

(3) A readjustment agency shall give a public notice of the declaration of a land readjustment area in

such manner and form as will bring it to the attention of those likely to be affected by the area and the

wider public.

Negotiation and acquisition of land from non-consenting owners and occupiers

82. (1) After the declaration of a land readjustment area, the readjustment agency shall continue

to seek the support of the owners and occupiers of land who have not notified their support.

(2) Where, after not less than six months’ negotiation under subsection (1), an owner or occupier of

land fails to support the declaration, the readjustment agency may commence proceedings for the

acquisition of the land under the Acquisition and Requisition of Immovable Property Ordinance 1982

(II of 1982).

Effect of declaration of a land readjustment area

83. (1) For a period of not less than two years from the date of the declaration of a land

readjustment area, a person shall not

(a) commence development of land with the land readjustment area;

(b) subdivide or undertake any transactions in land within the land readjustment area

other than those permitted under section 86.

Permitted transactions within a land readjustment area

84. The following transactions may take place within a land readjustment area during the period

specified under section 83; that is to say –

(a) the owner of a plot may sell that plot or any part of it to the owner of an adjoining plot;

(b) the owner of a plot may sell that plot to the readjustment agency which declared the

land readjustment area;

(c) the owner of a plot may sell that plot to a person who acknowledges in writing that the

land is subject to a land readjustment scheme and that the plot may be reconfigured

and reduced in size under that scheme;

(d) the readjustment agency which declared the land readjustment area may sell land

within that area to an owner of a plot within that area.



Land Readjustment Consultative Committee

85. (1) As soon as practicable after the declaration of a land readjustment area, the readjustment

agency shall establish a Land Readjustment Consultative Committee (the Consultative Committee).

(2) The composition of the Consultative Committee shall be

(a) four persons selected by the readjustment agency;

(b) four persons elected by the owners and occupiers from the land readjustment area;

(c) a chairman selected by agreement by the persons referred to in paragraphs (a) and

(b).

(3) The functions of the Consultative Committee shall be to

(a) provide a forum for consultation on the land readjustment scheme;

(b) consider and make recommendations to the readjustment agency on issues affecting

the development of the local area plan, including

(i) contribution ratios;

(ii) the number, size and location of reserve plots;

(iii) infrastructure standards.

Preparation of land readjustment plan

86. (1) As soon as practicable after the declaration of a land readjustment area, a readjustment

agency shall prepare a readjustment plan.

(2) A readjustment agency shall encourage active public participation by the owners and occupiers of

land in the land readjustment area in the preparation of the plan.

(3) A land readjustment plan shall contain

(a) a detailed report about the scheme;

(b) a layout plan;

(c) the criteria for land use classification;

(d) a schedule of contributions.

Public participation with respect to land readjustment plan

87. (1) After a readjustment agency has prepared a readjustment plan it shall advertise the

proposed readjustment plan in such manner and form as will bring it to the attention of those likely to

be affected by the plan.

(2) The advertisement shall

(a) identify the land readjustment area;

(b) state that a draft land readjustment plan has been prepared for the area;

(c) specifying the proposed contribution ratio;

(d) specify the places where the feasibility study and draft readjustment plan may be

viewed and the times at which it may be viewed;

(e) stating that owners and occupiers of land and members of the public may make

written or oral submissions about the draft plan sending them or giving them to the

readjustment agency before a stated date being not less than thirty days from the

date of the publication of the advertisement.



(3) The readjustment agency in consultation with the Consultative Committee shall organises at least

two public meetings in the land readjustment area in relation to the land readjustment plan and shall

give public notice or all such meetings.

(4) At a public meeting, the readjustment agency shall make a presentation about the proposed plan

and shall give people attending a meeting the opportunity to ask questions which shall be responded

to by the agency and make comments.

(5) After considering any and all comments made during the course of the process of public

participation specified in this section, the readjustment agency may determine to approve the land

readjustment plan.

(6) A readjustment agency shall give public notice that it has approved a land readjustment plan,

stating the date when the plan shall come into force and may thereafter be implemented.

Layout plan

88. A layout plan shall include

(a) the proposed layout and sub-divisions and boundaries of the plots of land in the land

readjustment area on the basis of which the readjustment is to be carried out;

(b) buildings and structures;

(c) the proposed re-allocations of land from owned and occupied plots to the

Government for public purposes;

(d) the use to which it is proposed the Government owned plots shall be put;

(e) proposals for the payment of compensation to owners, occupiers and persons having

interests in the land within the land adjustment area;

(f) a schedule of contributions which shall show the proposed contribution ratio for

contributing land in the land readjustment area.

The indicative contribution ratio

89. (1) In order to calculate a contribution ratio for the purposes of the provisions of paragraph (d)

of subsection(2) of section 80, the readjustment agency shall estimate

(a) the area of land required for infrastructure;

(b) the area of proposed reserve plots (if any); and

(c) the area of all contributing land calculated in accordance with sub-section (2).

(2) Contributing land comprises:

(a) plots owned by the Government;

(b) plots which the Government or readjustment agency has acquired or decided to

acquire in accordance with sub-section 3;

(c) any other plot in the area, howsoever the owner came into ownership of it.

(3) the Government or a readjustment agency may acquire land to be used for the purposes of a land

readjustment scheme in order to reduce the scheme’s contribution ratio.



Calculation of indicative contribution ratio

90. (1) The calculation of the indicative contribution ratio shall use the formula:

ICR (percentage) = IR + ARP

------------ x 100

ALC

Where:

ICR (percentage) = Indicative contribution rate expressed as a percentage

IR = Infrastructure requirement, being the estimated area of land calculated under section 80(2)(d)

ARP = Area of proposed reserve plots, being the estimated area of land calculated under section 89(1)(b)

ACL = Area of contributing land, being the estimated area of land calculated under section 89 (1) (c).

(2) A readjustment agency may adjust the indicative contribution ratio to take account of prior sacrifice

of land made by a current owner of a plot if

(a) no compensation was paid (or land provide in lieu of compensation) for the sacrifice;

(b) the land sacrificed will comprise part of the infrastructure to be provided under the

land readjustment scheme.

Reserve plots and surplus land

91. (1) A readjustment plan may provide for plots to be known as reserve plots, to be created for

the purpose of sale to generate funds to be used as a contribution to the costs of the land

readjustment scheme.

(2) Where a readjustment plan does not allocate all of the land from existing plots to proposed new

plots, land to be used for infrastructure or reserve plots, that land shall be surplus land.

(3) A readjustment agency may sell surplus land at a fair market value to a plot owner to add to that

plot owner’s reconfigured land.

Principles of the reconfiguration of plots

92. (1) In designing a proposed reconfiguration of plots and other land within a land readjustment

area, the following principles shall be applied:

(a) the configuration should be suitable for the proposed urban development;

(b) changes to plots should be minimised, consistently with the objective set out in

paragraph (a);

(c) if it is not practicable to create a plot which occupies some of the area occupied by

the original plot it is to replace,

(i) specific consultation with the owner should take place and where practicable,

the views of the owner should be accommodated;

(ii) the replacement plot should have the same characteristics and be of similar

value (taking into account the contribution ratio).

Grievances

93. (1) Any person affected by any decision made under a land readjustment plan by a

readjustment agency (a complainant) may apply for a review of that decision by the governing

component of the agency and the governing component may establish a grievance committee of

members of the governing component chaired by a member of the governing component with legal

skills or experience.



(2) Where a complainant who has applied for a review of a decision in accordance with subsection (1)

is not satisfied with the determination of the grievance committee (where one has been established)

he shall have to right to have his grievance considered by the full governing component.

(3) Where a complainant is not satisfied with the determination of the full governing component on his

complaint, he may appeal to the Appeals Authority.

CHAPTER VI

IMPROVEMENT AND UPGRADING OF INFORMAL SETTLEMENTS

Application of this chapter

94. This Chapter applies to land within the declared area.

Purpose of a scheme of improvement and upgrading.

95. (1) The purpose of a scheme of improvement and upgrading is to bring about the progressive

improvement of the physical, social and economic environment of a settlement and slum through

selective investment initiatives. Improvement of infrastructure networks is a major component of such

investment and may include water supply, drainage, sanitation, roads and footpaths, street lighting,

domestic electricity networks and refuse disposal. Upgrading includes technical and or financial

assistance for house improvement, income generation initiatives, the provision or improvement of

community facilities and improved access to health care and education. The regularization of land

tenure by the recording, adjudication, classification and registration of the occupation and use of land

by persons living and working in an area declared by this chapter to be subject to an improvement

scheme is an important component of upgrading.

Criteria to take into account in declaring improvement scheme

96. The criteria to be taken into account in determining whether to declare an improvement

scheme in any area are:

(a) whether a substantial number of persons living in the area appear to have no

apparent lawful title to their use and occupation of land notwithstanding that they have

paid for or are paying for the land they are occupying and manage the land in

accordance with rules generally recognised within the area;

(b) whether the area is a substantially built-up area;

(c) whether the area has a substantial number of persons who have lived there for a

substantial period of time so that the area is a well established, and settled area from

a social point of view;

(d) whether there is evidence that despite the lack of any security of tenure for the

persons living in the area, a considerable number of such persons appear to be

investing in their houses and businesses and are attempting to improve the area

through their own initiatives;

(e) whether a substantial number of people and community-based organisations within

the area indicate that they wish to participate in an improvement scheme;

(f) whether the houses and other buildings in the area are over-crowded and constructed

of non-permanent materials.

Determination of whether to declare an improvement scheme.

97. (1) Kartripakkha may, of its own motion cause an inquiry to be made into the question of

whether any area to which this chapter applies shall be declared to be an improvement area.



(2) Where a request is made by not less than one hundred residents of the area or by a body

representative of the residents of the area or by an organisation of civil society with special concerns

for informal developments, or by a local authority within the declared area to Kartripakkha to cause an

inquiry to be made into the question of whether any area to which this chapter applies shall be

declared to be an improvement area, Kartripakkha shall forthwith establish such an inquiry.

(3) Where Kartripakkha has determined to establish an inquiry into whether an area shall be declared

to be an improvement area, Kartripakkha or an organisation appointed under subsection (1) or (2) to

carry out the inquiry shall:

(a) cause to be convened one or more meetings in the area to explain to the residents of

the area the nature and purpose of, and procedures to be followed in the declaration

and implementation of a scheme of regularisation and to listen and take account of

the views of the residents on the matter;

(b) cause to be prepared a report on

(i) the existing state of land tenure in the area and the nature and basis of the

tenure under which persons in the area occupy land in the area;

(ii) the existing state of the arrangements of the buildings and structures in the

area;

(iii) the existing state of the buildings in the area;

(iv) the views of the residents and occupants of the area on the need for and

possible contents of an improvement area;

(c) cause an estimate to be prepared of what will need to be undertaken, the time it will

take and the costs to carry out a scheme of regularisation;

(d) assemble such other information as Kartripakkha or the organisation carrying out the

inquiry considers necessary or as may be prescribed to enable a decision to be taken

on whether to proceed with an improvement scheme,

and submit to the Board a report based on the matters referred to in paragraphs (a) to (d) on

whether an improvement scheme should be proceeded with.

(4) Where the Board, after considering the report submitted to it under subsection (3) determines to

proceed to with an improvement scheme, it shall direct the Chief Planning Officer to cause to be

prepared a draft of an improvement scheme.

(5) Any such preparation of an improvement scheme as is referred to in subsection (3) shall involve

(a) the local authority within whose jurisdiction the proposed scheme area is in; and

(b) the residents and occupants of the proposed improvement area,

shall take account of any report prepared under this section.

Procedure for declaration of an improvement scheme

98. (1) Where a draft improvement scheme has been prepared:

(a) A summary of the draft scheme shall be published in at least one newspaper

circulating in the proposed improvement area;

(b) the Chief Planning Officer shall give publicity to the substance of the draft scheme

within the area of the draft scheme in such manner as is customary in that area or

as is likely to bring the draft scheme to the attention of people living in that area and

shall invite all such people to one or more public meetings within that area where the

content of the draft scheme shall be explained to those people and their views on

the draft scheme shall be encouraged and recorded;



(c) the local authority referred to in subsection (5) of section 97 shall consider the draft

scheme and send its comments to the Chief Planning Officer.

(2) Where a draft scheme will or is likely to involve the movement or relocation of people from their

homes or places of work or the acquisition of land in the area or the redistribution of land or the

readjustment of boundaries and areas of plots of land, Kartripakkha shall serve a notice on every

person occupying land affected or likely to be affected by such parts of that draft scheme and shall

not reach any final conclusions on the draft scheme to which this subsection refers until all persons on

whom a notice has been served who so desire it have had an opportunity of being heard at a public

meeting or other opportunity on those proposals in the draft scheme.

(3) The Chief Planning Officer shall, after considering the views of people in the area, the local

authority for the area and such other persons and organisations who have submitted comments on

the draft plan and the views of people to whom subsection (2) applies, if he considers it necessary or

desirable to do so, revise the draft scheme and submit the revised draft scheme to the Board.

(4) The Chief Planning Officer shall give not less than twenty-one days’ notice of any public meeting

or other opportunity at which any matter connected with a draft scheme is to be discussed and of the

time by which any written or other submissions or representations may be made on the draft scheme.

(5) The Board may, after considering the draft scheme submitted to it by the Chief Planning Officer

either:

(a) approve the draft scheme and declare an improvement scheme in terms of the draft

scheme; or

(b) refer the draft scheme back to the Chief Planning Officer for further work in

accordance with such directions as the Board may give the Chief Planning Officer;

or

(c) reject the draft scheme.

(6) An improvement scheme accepted by the Board shall be submitted to the Government for its

approval.

(7) The Government shall have the same powers with respect to an improvement scheme submitted

to it by the Board under subsection (6) as the Board has with respect to a draft scheme submitted to it

by the Chief Planning Officer under subsection (5) and where the Government refers a scheme back

to the Board with directions as to further work to be done on the scheme, the Board shall cause that

further work to be done on the scheme.

(8) Where the Government determines to approve a scheme, it shall inform the Board, and publish its

determination in the Gazette.

(9) A scheme shall come into effect thirty days after the publication of the determination of the

Government in the Gazette.

(10) Section 45 of the 1953 Act shall apply to the publication and transmission of information and

notices about an improvement scheme under this Act as it applies to an improvement scheme under

that Act.

Content of an improvement scheme

99. (1) An improvement scheme may contain all or any of the following matters, that is to say:-

(a) arrangements for the survey, adjudication and recordation of the interests in land

claimed by those persons occupying land in the regularisation area;

(b) arrangements for the readjustment of the boundaries of plots of land;



(c) arrangements, within the framework of the rights in land provided for under

paragraphs (a) and (b) for the better planning and layout of the land, including the

pooling, sharing and redistribution of rights in land;

(d) arrangements for the involvement of the local authorities having jurisdiction in the

regularisation area in the implementation of the scheme;

(e) arrangements for the involvement of the people whose land is the subject of the

scheme of regularisation in the implementation of the scheme;

(f) arrangements for the assessment and payment of any compensation that may

become payable as a result of the implementation of the scheme;

(g) such matters, other than the matter contained in paragraph (a) as are specified in

section 40 of the 1953 Act;

(h) a budget for the scheme;

(i) such other matters as may be prescribed.

(2) Kartripakkha shall be responsible for the implementation of a scheme of regularisation but it

may, and shall if so directed by the Government, delegate the whole or any part of the implementation

of such scheme to the local authority where the improvement area is situate.

Establishment of improvement area committee

100. Where an area has been declared to be an improvement area, Kartripakkha shall cause to be

established a committee of persons from the area, to be known as an improvement area committee.

Composition of improvement area committee

101. (1) An improvement area committee shall be composed of:

(a) the local authority councillors for the area or any part of the area which they represent

which falls within the improvement area;

(b) not less than seven nor more than eleven persons of which not less than three nor

more than six shall be men and not less than three nor more than six shall be women

from the improvement area who shall be elected by secret ballot by all those qualified

to vote under any law in force governing voting in local authority elections and shall

serve on the committee for three years;

(c) not more than three persons from civil society organisations who do not reside or

work in the area who shall be co-opted on to the committee for up to three years at a

time by the members of the committee referred to in paragraphs (a) and (b).

(2) Where the committee exercises its power to co-opt members to an improvement area committee,

it shall ensure that those persons who are co-opted are, by virtue of their involvement, interest or

professional competence in matters of improvement, their knowledge of the area, or their general

standing within the area, persons whose opinions are likely to be respected within the area.

Functions of local authority with respect to improvement area committee

102. The local authority having jurisdiction in the area within which an improvement area has been

declared shall be responsible for:

(a) the conduct of the process of election of the members referred to in paragraph (b) of

subsection (1) of section 101;

(b) ensuring that the meetings of a improvement area committee follow due process and

comply with standard local authority procedures on committee meetings; and



(c) the co-ordination of functions and responsibilities between such a committee and the

officers implementing the improvement scheme.

Functions of improvement area committee

103. (1) The function of an improvement area committee shall be to act as a link between the

local communities within the improvement area and the officers charged with the responsibility of

preparing and implementing an improvement scheme and to this end, a committee shall:

(a) be involved in the implementation of an improvement scheme;

(b) work with officers in programmes of sensitisation within the area on matters

connected with the implementation of the improvement scheme;

(c) represent to officers the concerns and interests of those occupying and using land

within the improvement area;

(d) assist in the settlement of disputes connected with regularisation and compensation

for losses caused by regularisation;

(e) undertake any other activities which are calculated to further the process of

improvement.

(2) A committee may appoint such subcommittees as it thinks fit to assist it to perform its

functions and may co-opt such persons from the area on to such subcommittees as will, in its opinion,

contribute to the work of those subcommittees.

Functions of officers in relation to an improvement area committee

104. Any officer involved in the preparation and implementation of an improvement scheme or

otherwise exercising functions connected with the development of an improvement area shall:-

(a) at the request of an improvement area committee, attend any meeting of that

committee;

(b) supply an improvement area committee with such information about services and

resources available to the area in connection with the preparation and implementation

of an improvement scheme as may be necessary to enable the committee to carry

out its functions;

(c) have regard to any decisions and recommendations of an improvement area

committee;

(d) generally, co-operate and work with the members of an improvement area committee

to advance the economic and social development of the people of the area.

General duty of officers in respect of improvement area

105. The Chief Planner and all officers shall follow procedures and processes which accord with

principles of fair administration in exercising all or any functions in connection with a regularisation

area.

Grievances.

106. (1) Any person affected by any decision made under an improvement scheme (a

complainant) by an officer exercising functions under such a scheme may apply for a review of that

decision by the Board of Kartripakkha and the Board may establish a grievance committee of

members of the Board chaired by a member of the Board with legal skills or experience.

(2) Where a complainant who has applied for a review of a decision in accordance with subsection

(1) is not satisfied with the determination of the grievance committee (where one has been

established) he shall have the right to have his grievance considered by the Board.



(3) Where a complainant is not satisfied with the determination of the Board on his complaint, he may

appeal to the Appeals Authority.

CHAPTER VII

SPECIALISED COMMITTEES


Constitution of committees

107. The Government may, by notice in the official gazette give notice of the constitution of one or

more committees to implement the provisions of this Act and the provisions of the Dhaka Metropolitan

Building (Construction, Development, Conservation and Removal) Rules 2008.


108. (1) The approval committee for a large and specialised project to be developed by any private

or public sector developer or a joint project to be developed by a private and public sector developer

shall be constituted as follows:

(a) the member of the Board with responsibility for planning: Chairman

(b) Chief Planning Officer RAJUK-- Member

(c) Chief Engineer RAJUK-- Member

(d) Representative of Directorate of Architecture.

(status of deputy chief engineer) Member

(e)Representative of Institute of Architecture Member

(f) Representative of Institute of Engineers Member

(h) Representative of Bangladesh Institute of Planners Member

(i) Representative of Association of Development Agencies

in Bangladesh Member

(j) Representative of local authority in whose area

the LSP is to be developed Member

(k) Representative of the Environment Agency Member

(l) Representative of the Dhaka Water Supply and Sewage Authority; Member

(m) Representative of the Dhaka Electricity Supply Authority; Member

(n) Representative of the Bangladesh Road Transport Authority: Member

(o) Director (development and control) Member Secretary

(2) Where RAJUK is the applicant for the development of a large and specialised project, the

members of the committee specified in paragraphs (a) (b) and (c) may remain in attendance at the

committee to explain the proposed large and specialised project and answer questions on it but shall,

for purposes of any such application, be deemed not to be a member of the committee and shall not

have a vote on the application.

(3) Where one or more applications referred to in subsection (2) comes before the committee, the

members of the committee specified in paragraphs (d), (e), (f), (g), (h) (i) and (j) shall elect one their

number to act as chairman of the committee during its consideration of those applications.

(4) The committee will hold one meeting in every month at Kartripakkha.

(5) Ten days before the date of the meeting the Member Secretary will send one set of information

excepting land ownership deeds to each member of the committee.



(6) The quorum of the meeting held under the provisions of subsection (1) will be eight and the

quorum of a meeting held under the provisions of subsection (2) will be seven and a decision will take

on the basis of a majority vote.

(7) An application shall be determined within forty-five days of its filing.

(8) The large and specialised project committee, if situation demands it, may extend the period of

forty-five days for one further period of up to forty-five days and ask any institution or specialist to

attend the meeting and provide their expert opinion on the application.

Consultation on large and specialised project

109. (1) The applicant for a large and specialised project shall prior to submitting an application to

the committee be under a duty:

(a) to exhibit the plans and drawings of that proposed large and specialised project in the

head office of Kartripakkha and in the regional office of Kartripakkha nearest to the

location of the proposed large and specialised project for not less than fifteen days;

(b) to make available facilities for any member of the public to record their observations,

opinions or any reactions to the proposed large and specialized project;

(c) to report to the committee on the observations, opinions or any reactions to the

proposed large and specialized project and their response to same;

(d) to hold, if so required by the committee, at least one public consultation meeting in

the area of the proposed large and specialised project where the owners and

occupiers are encouraged to express their views on the proposal, which views shall

be recorded and taken into account.

(3) Where the applicant for a large and specialized project is Kartripakkha, the committee shall require

Kartripakkha to hold a public consultation meeting in accordance with the provisions of paragraph (d)

of subsection (2).

Openness of meetings

110. (1) The agenda of any meeting of the committee shall be published not less than five days

before any such meeting and a copy shall be affixed to a notice board at every office of Kartripakkha,

in conspicuous public places at or near to the location of the proposed large scale project, published

on the Kartripakkha website and made available to the media.

(2) The meetings of the committee shall be open to the public to attend.

(3) The agenda shall include an item allowing members of the public attending the meeting to ask

questions and comment on any item of business before the committee.

(4) Members of the public attending a meeting of the committee shall conduct themselves with

decorum and the person chairing the meeting of the committee may require any member of the public

not so conducting himself to leave.

(5) Where members of the public disrupt or attempt to disrupt a meeting of the committee, the person

chairing the meeting of the committee may, after giving due warning to the members of the public,

adjourn the meeting and recommence it in private session without members of the public being

allowed to be present.





111. (1) There is hereby constituted a committee to be known as the Town Development

Committee.

(2) The Town Development Committee shall be constituted as follows:

(a) Government appointed officials—

(i) Secretary, Housing and Works Ministry

(ii) Chairman RAJUK or his nominee from the Board

(iii) Chief Architect, Dept. of Architecture, Ministry of Housing and Public Works

(iv) Chief Executive Dhaka North City Corporation

(v) Chief Executive Dhaka South City Corporation

(b) The president/ vice-president/general secretary of the

(i) Institute of Architecture, Bangladesh

(ii) Bangladesh Institute of Planners

(iii) Institute of Engineers, Bangladesh.

(c) Two university professors drawn from the fields of Architecture; Planning;

Engineering; or environment affairs.

(d) Three members from civil society organisations with expertise in the areas of urban

planning and development or urban poverty.

(e) President, Vice- President, or Secretary, REHAB.

Functions of TDC

112. (1) The functions of the TDC shall be to

(a) recommend to the Government the future principles of all development and

development control within the declared area;

(b) review and comment on the activities, operations and functions of Kartripakkha;

(c) supervise and review the implementation of construction and development work

under the Rules;

(d) provide directions on matters of construction and development which are not covered

by the Rules;

(e) secure the transparency and quality of all building construction activities within the

Kartripakkha master plan area.

(f) ensure that the implementation of the rules maintain equality and justice.

(2) In carrying out its functions, the TDC may invite expert and professional individuals to attend its

meetings and provide it with such advice and assistance as it may request.

(3) With respect to the function specified in paragraph (b) of subsection (1),

(a) the Committee shall publish a report on Kartripakkha every three months;

(b) the Board of Kartripakkha shall be under an obligation to provide the Committee with

all such information as the Committee may require in order for it to carry out its

function under the said paragraph.

(4) The Committee shall within three months of the end of each year, produce an annual report on its

work under this section which shall be made available to the public.

(5) Pending the appointment of an advisory committee under section 11, the TDC shall act as the

advisory committee and when it does so it shall comply with the provisions of section 11.



Meetings of the Committee

113. (1) The Committee shall meet at least once a month for the transaction of its business.

(2) At its first meeting in every year the members of the TDC will elect one chairman, two vice

chairmen and the member secretary.

(3) Five members including the chairman and one vice chairman shall constitute the quorum of the

meeting.

(4) Each member of the committee has one vote.

(5) Any decision in the meeting will be resolved by a majority decision but in any case where the votes

on a matter are equal, the chairman will have a casting vote.

(6) Meetings of the committee shall be held in public

Sub committees of the Committee

114. (1) For the better carrying out of their work, the Committee may constitute subcommittees.

(2) The membership of any sub-committee will be appointed from the membership of the Committee.

(3) A sub-committee will send its decision to the Committee for its ratification.

CHAPTER VIII

COMPLIANCE

Expressions used in connection with compliance

115. (1) For purposes of this Act –

(a) carrying out development without the required development permission; or

(b) failing to comply with any condition or limitation subject to which development

permission has been granted; or

(c) failing to comply with the terms of a development obligation,

constitutes a breach of development control.

(2) For the purpose of this Act, the issue of a compliance notice constitutes taking compliance action.

Time limits

116. Where there has been a breach of development control consisting in –

(a) the carrying out without development permission of building, engineering, mining or

other operations in, on, over or under land; or

(b) the failure to comply with any condition or limitation subject to which planning

permission has been granted;

(c) the failure to comply with the terms of a development obligation;

(c) the material change of use of any building or any land,

no compliance action may be taken after the end of a period of six years beginning with the

date on which the operations were substantially completed or the change of use of the building

or land commenced.

Warning notice

117. (1) If it appears to a development control agency that there has been a breach of

development control, the development control agency may, within six years of such development



(hereinafter referred to as unauthorised development) being substantially carried out, or in the case of

non-compliance with a condition or a development obligation, within six years of the date of alleged

failure to comply with it, serve on the owner and user of the land a warning notice.

(2) A warning notice served under this section shall specify –

(a) the development which is alleged to have been carried out; or

(b) the conditions alleged not to have been complied with; or

(c) the terms of a development obligation alleged not to have been complied with;

(d) the steps which the person on whom the notice has been served is advised to take to

rectify the situation, and the time, being not less than thirty days, by which those

steps must be taken;

(d) the time and the place where an authorised officer of the development control agency

will be available to discuss the contents of the warning notice with the person on

whom it has been served;

(e) the further action the development control agency may take if the steps referred to in

paragraph (d) are not taken.

(3) The steps which are referred to in paragraph (d) of subsection (2) may be any one or more of the

following –

(a) to apply for development permission;

(b) to stop the development of land;

(c) to add to, alter, remove parts of the structure from or demolish the whole or a part of

the development;

(d) to locate the development on a different site within the same plot of land;

(e) to take such steps by way of landscaping the development as may be specified in the

notice;

(f) to comply with the condition or the terms of a development obligation in the way

specified in the warning notice;

(g) to cease the unauthorised development or use of land.

(4) A development control authority shall take no action to ensure compliance with development

control under section 118 concerning any unauthorised development in respect of which a warning

notice has been served under this section before the end of a period of thirty days after the date

specified in paragraph (d) of subsection (2).

Compliance with development control

118. (1) A planning authority may issue a notice (hereinafter referred to as a compliance notice)

where it appears to it that –

(a) there has been a breach of development control; and

(b) it is expedient to issue the notice having regard to the relevant development plan and

to any other material considerations.

(2) a copy of a compliance notice shall be served –

(a) on the owner and user of the land to which it relates; and

(b) on any other person having an interest in the land, being an interest which in the

opinion of the development control agency is materially affected by the notice.

(3) A compliance notice served under this section shall specify clearly and in a manner which may be

easily understood –

(a) the matters which appear to the development control agency to constitute the breach

of development control;



(b) the steps which must be taken within such period, being not less than forty days, as

may be specified in order to achieve any of the purposes set out in subsection (6);

(c) the time, being not less than thirty days from the date of its service at which the

compliance notice comes into effect;

(d) the powers of the development control agency to enter on the land and carry out any

of the actions specified in paragraph (b);

(e) the penalties which may be imposed if any action specified in paragraph (b) is not

taken within the time specified or at all;

(f) the right of the person on whom a notice has been served to seek a reconsideration

of the notice or appeal against the notice.

(4) A compliance notice complies with subsection (1)(a) if it enables any person on whom a copy of it

is served to know what those matters are.

(5) A compliance notice shall continue to apply to the development or the non-compliance with a

condition or a term of a development obligation in respect of which it has been served notwithstanding

that it has been complied with.

(6) the purposes referred to in subsection (3)(b) are –

(a) remedying the breach by making any development comply with the terms (including

conditions) of any development permission which has been granted in respect of the

land, by discontinuing any use of the land or by restoring the land to its condition

before the breach took place; or

(b) remedying any injury to amenity which has been caused by the breach.

Material considerations with respect to compliance notice

119. (1) A development control agency shall in considering whether to serve or in reconsidering a

compliance notice take such of the following material considerations into account as it may consider

necessary to determine the question before it, that is to say –

(a) the nature and extent of the unauthorised development;

(b) the harm to the natural and built environment and the degree of nuisance caused to

neighbouring owners and occupiers of land;

(c) the benefits of the unauthorised development;

(d) the possible alternative measures which could be taken to rectify or regularise the

unauthorised development;

(e) the degree of culpability of any persons owning or occupying land on which the

unauthorised development has been or is being carried out and of any persons

carrying out or who have carried out the unauthorised development;

(f) the likely expense to the person or persons on whom it is proposed to serve or who

have been served with a compliance notice to comply with that notice and their

capacity to meet that expense;

(g) whether in all the circumstances and having regard to the public interest, it is

necessary, desirable and convenient to serve or, after reconsideration, confirm, with

or without variation, a compliance notice;

(h) any other matter which a development control agency may be directed to consider by

any planning policy.

(2) A development control agency may take into account any evidence derived from any inspection of

the development alleged to be unauthorised in determining whether to serve a compliance notice.



(3) A development control authority may seek and take into account any technical, professional or

scientific advice which it considers necessary or desirable to assist it to determine whether to serve a

compliance notice.

Reconsideration of compliance notice

120. (1) At any time within thirty days of the service of a compliance notice, a person on whom

such a notice has been served may request the development control agency to reconsider the

compliance notice.

(2) A request made under subsection (1) may be in writing or orally in person to the development

control agency and shall include a statement of reasons as to why such notice should be

reconsidered.

(3) Notwithstanding that a request has been made under subsection (1), a compliance notice shall

continue in effect until varied, suspended or withdrawn under subsection (6) and if varied, shall

thereafter continue in effect in accordance with the variation.

(4) Where a request has been made under subsection (1), the development control agency to which

the request has been made shall, within thirty days of the receipt of the request, reconsider the

compliance notice and notify in writing the person who made the request of its decision thereon.

(5) A development control agency may, but shall not be obliged to, give a person who has requested

a reconsideration of a compliance notice an opportunity of being heard on the matter before making a

decision on it.

(6) A development control agency may, after reconsidering the compliance notice, either of its own

volition or upon a request made under subsection (1), confirm, vary, suspend or withdraw that

compliance notice.

Action in pursuance of compliance notice

121. (1) The steps which a development control authority may require to be taken by a person on

whom a compliance notice has been served, or after reconsideration, confirmed with or without

variation, to remedy the breach of development control may be all or any of the following, namely –

(a) to apply for development permission in respect of the unauthorised development

within such time as may be specified in the compliance notice;

(b) to pull down, demolish or remove a building in whole or in part;

(c) to erect or re-erect a building in whole or in part;

(d) to provide adequate access to the unauthorised development or to any contiguous

development the access to which has been cut off or rendered inadequate by the

unauthorised development;

(e) to provide or to provide land for the construction and operation of such public utility

services as are specified in the compliance notice;

(f) to landscape the unauthorised development;

(g) to restore land as near as may be to the appearance and state which it had before

the unauthorised development was carried out, including the planting or replanting of

any trees or other vegetation;

(h) to remove and convey to a place specified in the compliance notice any refuse or

waste material dumped on land or left on land as a result of some unauthorised

development;

(i) to make safe and secure any refuse or waste material dumped on land or left on land

as a result of some unauthorised development;



(j) to cease to use any land or buildings either at all or for any purpose specified in the

compliance notice;

(k) to do or take any other steps and action which will in the opinion of the development

control agency assist in the rectification, amelioration or ending of the breach of

development control.

(2) Where a person on whom a compliance notice has been served or, after reconsideration,

confirmed, fails or refuses to take or complete to the satisfaction of the development control agency

the steps required to be taken by the compliance notice to rectify, ameliorate or end the unauthorised

development, that development control agency may, with all necessary and authorised officers and

workmen enter the land where the unauthorised development is situate and take all necessary action

to execute the steps required by the compliance notice to be taken.

(3) Where a development control agency has exercised the power conferred on it by subsection (2), it

may recover as a civil debt in any court of competent jurisdiction from the person or persons on whom

the compliance notice referred to in subsection (2) has been served those expenses necessarily and

reasonably incurred by that development control agency in the exercise of such power.

Stop development notice

122. (1) Where a development control agency considers that a breach of development control is

occurring and is having such deleterious consequences on the natural or the built environment or is

causing such a serious nuisance to the persons living and working in the neighbourhood that it is

necessary to stop that breach forthwith it may issue a notice, hereinafter referred to as a stop

development notice, and serve a copy of the notice on the person or persons owning or occupying the

land on which the breach is occurring and on each and every person who appears to be responsible

in whole or in part for that breach.

(2) A stop development notice may be served only at the same time as or any time after the service of

a compliance notice.

(3) A stop development notice served under this section shall specify –

(a) the compliance notice to which it relates;

(b) the breach of development control that must cease and the time, being not less than

seven days, by which it must have ceased;

(c) the steps that are required to be taken to render any unauthorised development and

any land contiguous to that unauthorised development safe and secure;

(d) the powers of the development control agency to enter on the land and carry out any

of the actions specified in paragraph (c);

(e) the penalties which may be imposed if any action specified in paragraph (c) is not

taken within the time specified or at all;

(f) the right of the person on whom a notice has been served to seek a reconsideration

of the notice or appeal against the notice.

(4) A stop development notice shall continue to apply to the breach of development control in respect

of which it has been served notwithstanding that it has been complied with.

(5) Any person served with a stop development notice may apply to the development control agency

for that stop development notice to be reconsidered and the provisions of section 120 shall apply to

such reconsideration.

(6) The provisions of subsections (2) and (3) of section 121 shall apply to the non or inadequate

compliance with a stop development notice as they apply to the non or inadequate compliance with a

compliance notice.



(7) Where a person served with a compliance notice appeals against such compliance notice, and a

stop development notice had been served in association with that compliance notice, then, if that

compliance notice is quashed, or varied on appeal, that person may claim compensation if and only if

the stop development notice related to that part of the unauthorised development in respect of which

the compliance notice has been quashed or varied in such a way that the stop development notice or

the steps required by the stop development notice were unnecessary or excessive and that person

suffered loss or damage caused by compliance with that stop development notice.

Development permission where breach of development control has occurred

123. (1) A development control agency may, in any case where it appears to it that there has been

a breach of development control, by written notice served on the owner and user of the land or the

building in respect of which there has been a breach of development control, require that person or

those persons to apply for a grant of development permission.

(2) The provisions of chapter IV shall apply to any application for a grant of development

permission made under this section.

(3) Where a notice under subsection (1) has been served on any person, the development control

agency shall refrain from serving a compliance notice under section 124 or a stop notice under

section 122 on that person –

(a) until after not less than thirty days; or

(b) in any case where that person submits an application for a grant of planning

permission before the expiry of a period of thirty days, from the date of the service of

the notice under subsection (1).

(4) A grant of development permission issued under this section shall be back-dated to the time when

the development to which it relates was commenced or is considered by the development control

agency to be likely to have commenced.

(5) A grant of development permission issued under this section may include the requirement that the

applicant pay a special levy not exceeding one per cent of the value of the development to the

development control agency in recognition of the prior illegality of the development.

CHAPTER IX

COMPENSATION

Compensation

124. (1) Where development permission to develop land is refused, then, subject to section 125, if,

on a claim made within three months of the refusal of the development permission the value of the

land is less than it would have been if development permission had been granted, the development

control agency which refused development permission shall pay compensation to the person

interested in the land.

(2) For purposes of this section and section 125 a person interested in the land shall be taken to be

the owner or lessee of the land in respect to which development permission was refused but where

both an owner and a lessee claim under this chapter, only one award of compensation shall be made.

No compensation payable in certain cases

125. (1) Compensation for refusal of development permission shall not be payable in respect of –

(a) any refusal of permission to develop land where an alternative form of development

other than that applied for is permitted;



(b) the refusal of permission for any development that consists of or includes the making

of any material change in the use of any building or other land;

(c) the refusal of permission to develop land if the reason or one of the reasons stated for

refusal is that the development of the kind proposed would be premature by reference

to either or both of the following matters –

(i) the order of priority, if any, indicated by the plan for the development of the

area in which the land in question is situate;

(ii) any existing deficiency in the provision of water supplies or sewerage

services and the period within which any such deficiency may reasonably be

expected to be made good;

(d) the refusal to develop land if the reason or one of the reasons given is that the land is

unsuitable for the proposed development on account of its liability to flooding or

subsidence;

(e) any decision on an application for consent to the display of advertisements;

(f) any condition subject to which development permission is granted;

(g) any obligation agreed to under a development obligation.

(2) Nothing in subsection (1) shall preclude an owner from claiming compensation for loss or injury

arising from where a permanent building, which was in existence at any time within two years

immediately before the date of the coming into operation of a plan, has been demolished or been

destroyed by fire or otherwise, being prevented by the operation of the plan from erecting on the site

of the demolished or destroyed building a new building which substantially replaces the demolished or

destroyed building or from using the new building for the purpose for which the demolished or

destroyed building was last used.

Claim for compensation

126. A claim for compensation shall be made by serving upon the development control agency a

notice in writing stating the grounds of the claim and the amount claimed.

Determination of claim

127. A dispute arising under this Act as to -

(a) the right of a claimant to recover compensation; or

(b) the amount and manner of payment of any compensation recoverable,

shall, upon the application of any party concerned, be heard and determined by the Appeals

Authority.

CHAPTER X

APPEALS

Appeals Authority

128. (1) An Appeals Authority is hereby established and shall be constituted as follows:

(a) a lawyer who is or has been a District Judge who shall be the chairman of the

Authority;

(b) a lawyer who is qualified to be a District Judge who shall be the deputy chairman of

the Authority;

(c) six persons, not being employees of Kartripakkha, with skills, knowledge and

expertise in the field of urban planning.

(2) The members of the Appeals Authority shall be appointed by the Government and may be

appointed as either full-time or part-time members.



Functions of Appeals Authority

129. (1) The Appeals Authority shall hear appeals

(a) from any decision of Kartripakkha given under the following sections of chapter III

which adversely affects an appellant:

(i) under paragraph (b) or (c) of subsection (1) of section 69;

(ii) under paragraph (c) of subsection (7) of section 69;

(iii) under section 71;

(iv) under section 72;

(iv) under section 74.

(b) from a decision of serve and enforce a compliance notice or a stop development

notice under chapter VIII;

(c) from any decision of any development control agency to which any powers under

the sections specified in paragraph (a) have been delegated or transferred by

Kartripakkha;

(d) from any decision given under the Dhaka Metropolitan Building (Construction,

Development, Conservation and Removal) Rules 2008 by the approvals committee

for an LSP, or by the TDC or by Kartripakkha which adversely affects an appellant;

(i) given under section 93(3) of chapter V;

(ii) given under section 106 (3) of chapter VI;

(e) from any decision to refuse an award of compensation under chapter IX;

(f) from a decision to award compensation under chapter IX where the appellant

challenges the amount of the award.

Powers of the Appeals Authority on appeal

130. (1) The Appeals Authority shall have, in relation to the hearing of an appeal

(a) all the powers which Kartripakkha has under any section or chapter in respect of

which an appeal has been made;

(b) all the powers that the approval committee of large scale projects has with respect to

an application for approval of a large scale project;

(c) all the powers that the Authority has with respect to the supervision and control of

construction and development under the Rules.

(2) The Appeals Authority may in the exercise of its powers of appeal confirm with or without

modification, vary, amend, alter, reverse, or substitute its own decision for any decision on any matter

on which an appeal has been made to it.

(3) The Appeals Authority shall disregard any minor procedural errors that may have been made by

any organisation referred to in subsection (1) on any matter on which an appeal has been made to the

Authority where it is satisfied that such minor procedural errors have not caused any injustice or

inconvenience to the appellant.

(4) The decision of Appeals Authority shall be –

(a) made in writing;

(b) sent or delivered to all the parties to the appeal;

(c) filed in a public register which shall be made available for public inspection during

normal office hours.

Staff of Appeals Authority

131. (1) The staff of the Appeals Authority shall consist of a Secretary, an Assistant Secretary and

such other officers as may be required, who shall be public officers.



(2) The Secretary shall be –

(a) responsible for the conduct of the business of the Appeals Authority and shall have

such other functions as may be prescribed;

(b) the administrative head of the Appeals Authority and shall exercise supervision over

the other staff of the Appeals Authority.

(3) In the absence of the Secretary of the Appeals Authority, the Assistant Secretary of

the Appeals Authority and, in his absence, such other officer as may be designated

by the Chairman of the Appeals Authority, shall perform the functions of the

Secretary.

Right of appeal to Appeals Authority

132. (1) Any person aggrieved by a decision of any of the bodies specified in section 129 has a

right of appeal under this Act and may appeal to the Appeals Authority, within twenty-one days of the

decision being notified to him, by filing with the Secretary a written notice of appeal together with the

grounds of appeal.

(2) Where a person has failed to appeal to the Appeals Authority within the time specified in

subsection (1), the Appeals Authority may, on good cause being shown, extend the period for filing

the notice of appeal and grounds of appeal.

Proceedings of Appeals Authority

133. (1) Subject to this section and such rules as may be made under this Act, the Appeals

Authority shall regulate its own procedure.

(2) The Appeals Authority shall sit at such place and time as the Chairman of the Appeals Authority

may determine.

(3) All proceedings of the Appeals Authority shall

(a) be held in public;

(b) be conducted with as little formality and technicality as possible; and

(c) at all times conform to the principles and practices of natural justice.

(4) Any party before the Appeals Authority may appear in person, or be represented by an advocate

or any other person.

(5) The Appeals Authority may -

(a) make such orders for requiring the attendance of persons and the production of

articles or documents, as it thinks necessary or expedient;

(b) admit evidence which would not be admissible in a court of law and may use

evidence contained in any official record;

(c) on its own motion, summon and hear any person as a witness.

Determination of Appeals Authority

134. (1) For the purpose of hearing and determining any appeal, the Appeals Authority may sit in

one or more divisions.

(2) The Chairman, or Deputy Chairman, of the Appeals Authority shall preside at every sitting of the

Authority.

(3) Every division of the Appeals Authority shall consist of the Chairman, or Deputy Chairman of the

Appeals Authority and such number of members as the Chairman may determine.



(4) Every appeal before the Appeals Authority shall be determined by the opinion of the majority of the

members present but, where the members present are equally divided in their opinions, that of the

Chairman or Deputy Chairman of the Appeals Authority, as the case may be, shall prevail.

(5) The ruling of the Chairman or the Deputy Chairman of the Appeals Authority on any point of law

shall be binding on the other members of the Authority.

(6) Where the Chairman, Deputy Chairman or any member of the Appeals Authority has a direct

interest in any cause or matter, which is the subject of the proceedings before the Appeals Authority,

he shall not take part in those proceedings.

(7) (a) Subject to paragraph (b), any appeal shall be by way of a rehearing, and fresh

evidence or material, in addition to or substitution for, the evidence given on the making of

the original decision, may be given on appeal.

(b) The Appeals Authority may, where the parties agree, determine an appeal by

considering only written submissions made by or on behalf of the parties.

(c) The Appeals Authority may, of its own motion or on application of either party, make

such visit to, or inspection or viewing of, a building, premises or site in relation to an

appeal, as it may deem fit.

(8) (a) Notwithstanding subsection (4), the Appeals Authority in considering an appeal, shall

endeavour by all reasonable and equitable means, to effect an amicable settlement.

(b) Any agreement reached between the parties in relation to an appeal before the

Appeals Authority shall be deemed to be a determination of the Appeals Authority.

(9) In making its decision, the Appeals Authority shall have regard to the public interest.

(10) Any appeal before the Appeals Authority shall be dealt with as expeditiously as possible and the

Appeals Authority shall endeavour to dispose of the appeal within three months from the date the

appeal was lodged.

(11)The Appeals Authority may make such order as to costs as it may determine.

(12) An appellant who is dissatisfied with the decision of the Appeals Authority may appeal from

that decision to the District Court and the District Court shall have all the powers conferred on the

Appeals Authority by this section in connection with any appeal brought under this section.

CHAPTER XI

SUPPLEMENTARY

Call for information

135. (1) A planning institution may, for any purpose connected with the implementation of this Act,

by notice in writing, require an owner or other occupier of land to send or deliver to the planning

institution within thirty days of the date on which the notice was sent or delivered such documents and

other information about the occupation and use of that land and the interests and rights he and any

other persons have in or over that land, so far as they are known to him, as is specified in the notice.

(2) The notice sent by the planning institution shall specify clearly and in a language calculated to be

understood by the recipient of the notice the information that is required.

(3) Where the recipient of the notice is unclear as to the information which he is required to provide,

he shall, as soon as may be, seek further clarification and elucidation from the planning institution.

(4) It shall be a defence to any person charged with a failure to comply with the notice or with giving

misleading information in his reply to the notice that he could not reasonably have been expected to



understand the notice or any further clarification and elucidation provided by the planning institution in

response to any communication sent or made to the planning institution under subsection (3).

(5) Where the planning institution requires information from a person whom it is reasonable to assume

from his age, circumstances, education, and location will not be able to understand or reply in writing

to the written notice, the planning institution shall authorise an officer in writing to interview that

person and obtain the required information by means of that interview.

(6) An officer authorised to conduct an interview under subsection (5) shall give not less than seven

days notice of the time, being a reasonable time between the hours of 8.00 am and 5.00 pm, at which

he proposes to conduct the interview and such interview shall be conducted in a reasonable and

informal manner.

Rules

136. (1) The Government may make rules prescribing anything which may be prescribed under

this Act and generally for the better carrying into effect of the purposes and provisions of this Act and

removing any difficulties occasioned by the coming into force of this Act and without prejudice to the

generality of the foregoing, such regulations may provide for –

(a) any forms required to be used under this Act and any addition to, amendment of or

revocation of any such forms;

(b) the guidance of officers in all matters connected with this Act;

(c) the contents of plans;

(d) the procedures to be used in connection with a public hearing and all matters

connected with a public hearing;

(e) the procedures and processes connection with the making of a plan including

procedures and processes connected with the holding of public meetings to discuss

any draft plan;

(f) arrangements for the preparation of joint plans;

(g) matters in connection with taking temporary possession of land and carrying out

works on the land;

(h) the procedures to be used in connection with any process of compensation

assessment under section 132;

(i) the procedures to be used in connection with the making and service of a copy of a –

(i) warning notice;

(ii) compliance notice;

(iii) stop development notice;

(iv) any notices issued by the Town Development Committee in connection with

its functions of the control of building construction and works;

(j) the procedures to be used in connection with the making of an application for

development permission including the documents that may be required to be

submitted with any such application;

(k) the procedures to be used in determining an application for development permission;

(l) the procedures to be used in connection with, and the additional matters which may

be included in a land readjustment scheme;

(m) the procedures to be used in connection with, and the additional matters which may

be included in, the making of an improvement scheme;

(n) matters connected with an appeal made under section… ;

(o) the nature, content and mode of supervision and enforcement of any development

obligation made with a person under section 73;



(p) the manner and form of the exercise by planning institutions of their powers under

this Act not otherwise provided for by rules made under any paragraphs of this

section.

(2) Any rules made under this section may at any time be amended or repealed by further rules

made by the Government under this section.

Repeals

137. (1) The following provisions of the Act of 1953 are hereby repealed:

(a) Chapter II: sections 4, 5, 34 – 36;

(b) Chapter III; the whole chapter.

(2) The following provisions of the Dhaka Metropolitan Building (Construction, Development,

Conservation and Removal) Rules 2008 are hereby repealed: Chapter 3: Rules 30 – 36; 39, 40.

Transitional provisions

138. (1) Any person who immediately prior to the commencement of this Act was holding any

office to which appointments may be made under this Act shall continue in that office and be deemed

for the purpose of this Act to have been appointed under the provisions of this Act.

(2) Any rule, order, regulation, direction, notice, notification, condition, permit or other administrative

act made, given, issued or undertaken before the commencement of this Act under any law repealed

or amended in a material particular by this Act shall continue in force and have the like effect as if it

had been so made, given issued or, as the case may be, undertaken under this Act.

Documents

Technical Assistance Consultant’s Report€¦ · So far as I have been able to discover, the first text on Indian Administrative Law was published in 19623. There are now upwards