Rangoon Development Trust Act 1921

7/30/2019 Rangoon Development Trust Act 1921

1/49301Housing, Land And Property Laws In Force

THE RANGOON DEVELOPMENT TRUST ACT (1921)

CONTENTS.

CHAPTER IPRELIMINARY

. Extent.. Defnitions o terms.

CHAPTER IITHE BOARD OF TRUSTEES

Constitution o the Board.

. Creation and incorporation o Board.. Constitution o the Board.5. Election o Trustees.. Appointment in deault o election.7. Disqualifcations or being appointed or elected a Trustee.8. Powers, duties and remuneration o Chairman.. Leave o absence or deputation o the Chairman.. Appointment, etc, o acting Chairman.. Leave o absence o other Trustees.

. Removal o Trustees.. Filling o casual vacancies.. Term o oce o Trustees.5. Elections, etc, to be notifed and to take eect rom date o such notication.

Conduct o Business.

. Meetings o the Board.7. Association o persons with the Board.

8. Constitution and unctions o committees and meetings o committees.. Fees payable to Trustees.. Trustees not to take part in proceedings in which they are personally interested.. Power to make and perorm contracts.. Plan and estimate o new work to be approved beore commencement thereo.. Execution o contracts.. The seal o the Board.5. Tenders.. Security or perormance o contract.

Ocers and Servants.7. Schedule o ocers and servants to be prepared by the Board.


2/49302 Housing, Land and Property Rights in Burma: The Current Legal Framework

8. Power o appointment etc, in whom vested.. Limitation o power o Board in respect o appointments.. Control by Chairman.. Delegation o Chairmans unctions.

CHAPTER III

POWERS AND DUTIES OF THE BOARD

. Power o the Board to undertake works and incur expenditure or the improvement,etc, o the City.. Power o Board to purchase and hold moveable and immoveable property.. Power o Board to acquire immoveable property.5. The Board to pay interest on loans.. Contribution by Board towards leave allowances and pensions o servants o theGovernment employed under this Act.

Facilities or movement o the Population.

7. Power o the Board or acilitating movement o population.

CHAPTER IVSCHEMES

Procedure relating to the raming, examination and sanctioning o a Scheme.

8. Declaration o intention to prepare a scheme.

Publication o intention to prepare scheme.

Consideration o objections and suggestions by the President.

Sanction o President to making o scheme.

Preparation and publication o drat scheme.

Submission o scheme to President.

Settlement o disputes between the Board and any other local authority.

Appointment o reeree in certain circumstances.

Right o reerence to the Court in respect o certain matters.

Powers o the Court.



Final scheme to be submitted to the President.

Power o President to reject or approve o a drat scheme.

When the scheme is to be considered eective.

Power o the Board to permit any private owner carrying out reclamation and developinghis own land.

Reerence to the Court.

. Constitution o the Court.. Remuneration o reerees.

Matters or which a Scheme may make Provision.

. What a scheme may provide or.. Reconstitution o any holding o land aected by scheme.. Provision or building sites, dwellings and shops.. Contents o town-planning schemes prepared under section 8.

Eect o Scheme.

5. Restrictions ater publication o intention under section 8.

. Eect o fnal scheme.7. Power o Board to evict summarily.8. Power to enorce scheme.

Costs o Scheme.

. Contribution towards costs.5. Levy o contribution in respect o land not included in, but benefted by, fnal scheme.5. Limiting the amount o contribution.

5. Costs o reclaiming immoveable property how to be met.5. Calculation o increment.5. Contributions may be made payable in installments.

Right o owner to redeem such charge.

55. Abandonment o acquisition o land on application by owner.



Compensation.

5. Compensation in certain cases.57. Power to vary or revoke a scheme.

Compensation i scheme revoked.

Amount o compensation admissible.

CHAPTER VPROPERTY, TAXATION AND FINANCE

Property.

58. Vesting o certain immoveable property in the Board.

5. Power o Board to dispose o immoveable property vested in them.. Contributions rom Municipal Fund.. Balances at the credit o the Rangoon Town Land deposits o sales and rents etc, to beproperty o the Board.. Receipt o money and deposit in Union Bank o Burma.. Purposes to which the Rangoon Development Fund is to be applied.. Investment o surplus money.5. Payments by cheque.. Signature on orders under section and o cheques.

7. Adherence to estimate and maintenance o closing balance.

Taxation.

8. Duty on certain transers o immoveable property.. Terminal tax on passengers by sea-going vessel.7. Suspension or abolition and re-imposition o taxation or contribution.

Loans.

7. Power o the Board to borrow money.

Enorcement o Liabilities.

7. Procedure i Board ails to make any payment in respect o loans.

Procedure i the Corporation ails to make any payment as required by section or sub-section ().

Budget Estimates.7. Preparation and submission o the annual budget estimate.



7. Transmission o copy o estimate to the Municipal Corporation o the City o Rangoon.75. [...]7. Supplementary estimates.

Accounts.

77. Accounts how to be kept and audited.

Provident Fund.

78. Maintenance o a provident or annuity und by the Board.

CHAPTER VIPROCEDURE

Power o Entry.

7. Power o entry.8. Power to enorce scheme.

Signature and Service o Notices or Bills.

8. Stamping signature on notices or bills.8. Service how to be eected.

Legal Proceedings.

8. Power o Chairman as to institution, etc. o legal proceedings and obtaining legal advice.8. Indemnity.85. Notice o suit against Board etc.

Recovery o Dues.

8. Recovery o dues.

CHAPTER VIIOFFENCES

87. Penalty or specifc oences.88. Penalty or other oences.8. Punishment or acquiring share or interest in contract or employment under the Board.. Penalty or obstructing contractor or removing mark.. Fines, damages. proceeds o confscation to be paid to the Board.. Cognizance o oences.. Limitation o time or prosecution.



. Compensation to be paid by oenders or damage caused by them.

CHAPTER VIIIRULES

5. Power o President to make rules.

. Power o the Board to make rules.7. Power to make rules subject to control o the President and all rules to be published.

CHAPTER IXSUPPLEMENTAL PROVISIONS

Status o Trustees, etc.

8. Trustees, etc, deemed public servants.

Police.

. Co-operation o the police.. Arrest o oenders.

Evidence.

. Proo o consent, etc, o Board or Chairman or ocer or servant o Board.

Miscellaneous.

. Validation o acts and proceedings.. Disputed ownership.. Power o reeree to summon and enorce the attendance o witnesses to give evidenceand to produce documents.5. Extension o this Act to any area.. Exemption rom registration o certain documents, plans and maps.

Compensation.

7. General power o Board to pay compensation.



Control.

8. Supply o minutes o proceedings to the President.. Power o President to call or extracts rom proceedings, etc.. Power o President to call or returns, etc.. Power o President to require the Board to take action.

Dissolution o Board.

. Transer o the powers and duties o the Board to the Rangoon Corporation.. Declaration by the President as to the dissolution o the Board.. Disposal o property on the dissolution o the Board.

SCHEDULE I.

Modifcations in the Land Acquisition Act.

SCHEDULE II.

Loans raised by the Municipal Committee o Rangoon or the purposes o the Town LandsReclamation Fund.



THE RANGOON DEVELOPMENT TRUST ACT

Burma Act V, February

. This Act shall extend to the City o Rangoon and to such areas in the neighbourhoodthereo as the President o the Union may, by notifcation, speciy in this behal:

Provided that sections 8 and 7 and clause (7) o section 5 shall extend to the whole othe Union o Burma:

[Inserted by Act VIII, ] Provided urther that or the purpose o section , theMingaladon Airport and such other airport in the neighbourhood o the City o Rangoonas the President o the Union may, by notifcation, speciy in this behal shall be deemed tobe included in the City o Rangoon.

. In this Act, unless it is otherwise expressly provided or unless there is something repugnantin the subject or context:

() words shall be deemed to have the meaning ascribed to such words under any enactmentor the time being in orce relating to the municipal government o the City o Rangoon;

() (a) the Board means the Board o Trustees constituted under, this Act;

(b) Chairman means the Chairman o the Board;

(c) City means the City o Rangoon and comprises the area rom a time to time notifedby the President o the Union or the purposes o municipal government;

(d) Court means the highest Court o original jurisdiction in Rangoon;

(e) the expression land likely to be used or building purposes includes any land likelyto be used as, or or the purpose o providing, open spaces, roads, streets, parks, pleasure

or recreation grounds, or or the purpose o executing any work upon or under the landincidental to a town planning scheme, whether in the nature o a building work or not,and the decision o the President o the Union as to whether land is likely to be used orbuilding purposes or not shall be fnal;

() plot means a continuous portion o land held in one ownership, other than land used,allotted or reserved or any public or municipal purpose;

(g) reclamation means the alteration by any means, including the use o reuse or rubbish

or materials obtained by dredging, o the level o land in order that the eective drainage osuch land may become practicable;



(h) scheme means a town planning scheme, ramed in accordance with the provisions othis Act, and includes a plan relating to a town-planning scheme;

(i) Trustee means a member o the Board.

CHAPTER II

THE BOARD OF TRUSTEES

Constitution o the Board.

. The duty o carrying out the provisions o this Act shall, subject to the conditions andlimitations hereinater contained, be vested in a Board, to be called The Trustees or theDevelopment o the City o Rangoon; and such Board shall be a body corporate and haveperpetual succession and a common seal, and shall by the said name sue and be sued.

[Substituted by Act LXVIII, 5] . The Board shall consist o six members, namely:

(a) the Chie Executive Ocer o the National Housing and Town and Country PlanningBoard who shall be the Chairman;

(b) the Chairman o the Commissioners or the Port o Rangoon;

(c) one Trustee elected by the Municipal Corporation o the City o Rangoon, and

(d) three Trustees appointed by the President o the Union.

5. () A person shall not be qualifed to be elected as a Trustee to represent any body orassociation reerred to in section unless he is at the time o the election a member o suchbody or association.

() The Secretary or other duly appointed ocer o such body or association shall make areturn to the President o the Union setting orth in ull the name o every person electedunder the provisions o this Act.

. () l any body or association reerred to in section ails to elect all or any o theTrustees whom it is empowered under such section to elect, the President o the Unionmay appoint any persons belonging to such body or association to be Trustees in order tofll such vacancies; and any persons so appointed shall be deemed to be Trustees as i theyhad been duly elected by such body or association.

() l any body or association should, or any reason, be unable to elect a Trustee as providedin section , the President o the Union may, rom time to time, by notifcation, substituteany other recognized and properly constituted body or association or the purposes o thatsection.7. () A person shall be disqualifed or being elected or appointed a Trustee i he:



(a) has been convicted o an oence punishable with imprisonment or a term exceeding sixmonths, such conviction not having been subsequently set aside and such disqualifcationnot having been removed by an order which the President o the Union is hereby empoweredto make, i he thinks ft, in this behal; or

(b) has been declared by the President o the Union unft or employment in, or has beendismissed rom, the public service; or

(c) is an undischarged insolvent or bankrupt; or

(d) holds any oce or place o proft under the Board; or

(e) has directly or indirectly, by himsel or by any partner, employer, or employee, any shareor interest in any contract or employment with, by, or on behal o, the Board; or

() is a director, or a secretary, manager or other salaried ocer, o any incorporatedcompany which has any share or interest in any contract or employment with, by, or onbehal o, the Board; or

[Substituted by the Union o Burma (Adaptation o Laws) Order, 8] (g) is not, or ceasesto be, a citizen o the Union or a British subject:

() But a person shall not be disqualifed or be deemed to have any share or interest in such

a contract or employment by reason only o

(i) his having any share or interest in:

(a) any lease, sale or purchase o immoveable property or any agreement or the same; or

(b) any agreement or the loan o money or any security or the payment o money only; or

(c) any newspaper in which any advertisement relating to the aairs o the Board is inserted;

or

(d) the occasional sale to the Board, to a value not exceeding two thousand rupees in anyone fnancial year, o any article in which he trades; or

(ii) his having a share or interest, otherwise than as director, or secretary, manager or othersalaried ocer, in any incorporated company which has any share or interest in any contractor employment with, by, or on behal o, the Board.

() In the case o any person or class o persons the President o the Union may waive thedisqualifcation reerred to in sub-section (), clause ().



8. () The Chairman shall be the chie executive ocer o the Board and may exerciseand perorm, subject to the provisions o this Act and o rules made thereunder and to thecontrol o the Board, such o the powers and duties conerred or imposed by this Act on theBoard as the Board may by rules made under section delegate to him.

() The pay, allowances, leave, privileges and other conditions o tenure o the oce o

Chairman shall be determined by the President o the Union ater consultation with theBoard, and such pay and allowances shall be debited to the Rangoon Development Fund tosuch extent as the President o the Union may decide.

. () The President o the Union may, ater consultation with the Board, grant leave oabsence to the Chairman or depute him to other duties or such period as he shall think ft.

() The President o the Union shall determine the amount (i any) o the allowance whichshall be paid to the Chairman while absent on leave or deputation:

Provided that such allowance shall not exceed the amount o his salary and provided thati the Chairman is a Government ocer, the amount o such allowance shall be such as hemay be entitled to under any rules applicable to him relating to transer to oreign service.

. () Whenever the Chairman is granted leave o absence or deputed to other duties, thePresident o the Union may appoint a person to act as Chairman and may, subject to theprovisions o section 8, direct the amount o the remuneration (i any) which shall be paidto such person.

() Any person appointed to act as Chairman shall exercise the powers and perorm theduties conerred and imposed by and under this Act on the Chairman, and shall be subjectto the same liabilities, restrictions and conditions as the Chairman.

. The Board may permit any Trustee, other than the Chairman, the Mayor o Rangoon,or the Municipal Commissioner o the City o Rangoon, to absent himsel rom meetingso the Board or any period not exceeding six months.

. () The President o the Union may, by notifcation, declare that any Trustee shall ceaseto be a Trustee:

(a) i he has acted in contravention o section ; or

(b) i he has been absent rom, or has been unable to attend, all meetings o the Board orany period exceeding six consecutive months; or

(c) i he has, without the permission o the Board, been absent rom all meetings o theBoard or any period exceeding three consecutive months; or

(d) i he is not qualifed to be a Trustee under section 5, sub-section ().



() The President o the Union shall, by notifcation, declare that a Trustee shall cease tobe a Trustee i he becomes disqualifed or appointment or election as a Trustee or any othe reasons mentioned in section 7, subsection ().

. I any Trustee be permitted by the Board to absent himsel rom meetings o the Boardor any period exceeding three months, or i any Trustee dies or resigns oce, or is removed

rom oce under section , the vacancy may be flled by a resh appointment or electionunder section .

. () [...]

() Subject to the provisions o section , the term o oce o Trustees (Other than anex-ocio Trustee) shall be as ollows:-

(a) the Chairman - such period as may be fxed by the President o the Union;

(b) a Trustee appointed or elected in pursuance o section the period o absence or theremainder o the period o oce, as the case may be;

(c) other Trustees - three years.

() Any Trustee shall, i not disqualifed or any o the reasons mentioned in section 5, sub-section (), or section 7, sub-section (), be eligible or re-appointment or re-election at theend o his term o oce:

Provided that the President o the Union may declare by notifcation that any Trustee, inrespect o whom a notifcation has been published under section , shall not be eligible orre-appointment or re-election.

5. Every election and appointment to oce made, and every declaration made undersection 7, sub-section (), clause (b), section , sub-section () and sub-section (), andthe proviso to section , sub-section (), o this Chapter shall be published by notifcationand shall be valid and take eect rom the date o such notifcation, unless some other date

is therein specifed.

Conduct o Business.

. () The Board shall meet and transact business in accordance with the rules made undersection , sub-section ().

() The Chairman shall be the presiding authority at all meetings: provided that in theevent o the absence o the Chairman rom any meeting, the Trustees present shall elect oneo their number to be the presiding authority at such meeting.



() All questions shall be decided by a majority o votes o the Trustees present, the presidingauthority having a second or casting vote in all cases o equality o votes.

7. () The Board may associate with themselves, in such manner and or such period asmay be prescribed by rules made under section , any persons whose assistance or advicethey may desire in carrying out any o the provisions o this Act.

() A person associated by the Board under sub-section () or any purpose shall have aright to take part in the discussions o the Board relating to that purpose, but shall not havethe right to vote at a meeting o the Board and shall not be a member o the Board or anyother purpose.

8. () The Board may appoint committees, each consisting o not less than three Trusteesin addition to any persons associated with the Board under section 7, and may, by generalor special order, reer to such committees, or enquiry and report, any matter relating to any

o the purposes o this Act.

() All proceedings o any such committee shall be subject to confrmation by the Board.

() The Chairman shall be a member o all such committees and shall, i present, presideat all meetings thereo.

() All questions at any meeting o a committee shall be decided by a majority o votes othe Trustees present, the presiding authority having a second or casting vote in all cases o

equality o votes.

. Every Trustee, except the Chairman, and every person associated with the Board undersection 7, shall be entitled to receive such ees or each meeting o the Board and or eachmeeting o a committee at which a quorum is present and business is transacted and whichhe attends rom the beginning to the end thereo as the President o the Union rom timeto time may fx:

[Inserted by Act XX, ] Provided that no ees shall be payable to ocials or persons who

receive their pay directly or indirectly rom Government unds.

. () A Trustee who:

(a) has directly or indirectly, by himsel or by any partner, employer or employee, any suchshare or interest as is described in section 7, sub-section (), or is a director, secretary,



manager or other salaried ocer o an incorporated company which has any such share orinterest, or

(b) has acted proessionally, in relation to any matter, on behal o any person havingtherein any such share or interest as aoresaid, shall not vote or take any other part in anyproceeding o the Board or any committee relating to such matter.

() I any Trustee, or any person associated with the Board under section 7, has, directly orindirectly any benefcial interest in any immoveable property situated in an area comprised,or intended to be comprised, in a scheme.

(a) he shall, beore taking part in any proceeding at a meeting o the Board or any committeerelating to such area, inorm the presiding authority at the meeting o the nature o suchinterest;

(b) he shall not vote at any meeting o the Board or o any committee upon any resolutionor question relating to such immoveable property; and

(c) he shall not take any other part in any proceeding at a meeting o the Board or oany committee relating to such area i the presiding authority at the meeting considers itinexpedient that he should do so.

. () The Board may enter into and perorm all such agreements and contracts as theymay consider necessary or carrying out the purposes o this Act.

() Any such contract the value o which does not exceed two thousand rupees may beentered into on behal o the Board by the Chairman, but no other such contract shall beentered into except with the previous sanction o the Board.

. No new work shall be commenced and no contract in respect thereo shall be enteredinto i the estimated cost o such work exceeds:

(a) two thousand rupees, until the plan and estimate thereore shall have been determined

on and approved by the Board; or

(b) two lakhs o rupees, until the plan and estimate thereore shall have been submitted toand approved by the President o the Union.

. () Any such contract the value o which does not exceed two thousand rupees may beexecuted by the Chairman, and every other such contract shall be executed by the Chairmanand one Trustee and shall be sealed with the common seal o the Board.

() No contract which is not executed in accordance with the provisions o this section shallbe binding upon the Board.



. The common seal o the Board shall remain in the custody o the Secretary o the Boardand shall not be axed to any contract or other instrument except in the presence o theChairman and one Trustee.

5. () At least ourteen days beore the Chairman enters into any contract or the executiono any work or the supply o any materials or goods which will involve an expenditure

exceeding two thousand rupees, he shall give notice by advertisement in local newspapersinviting tenders or such contract.

() In every such case, the Chairman shall place beore the Board the specifcations,conditions and estimates and all the tenders received, speciying the particular tender (iany) which he proposes to accept:

Provided that:

(a) the Board may authorize the Chairman to enter into a contract without inviting tendersas herein provided or without accepting any tender which he may receive ater havinginvited them; and

(b) the Board shall not be bound to sanction the acceptance o any tender which has beenmade, but may sanction the acceptance o any o such tenders which appears to them, upona view o all the circumstances, to be the most advantageous, or may direct the rejection oall the tenders submitted to them.

. The Chairman shall take sucient security or the due perormance o every contractinvolving an expenditure exceeding one thousand rupees.

Ocers and Servants.

7. () The Board shall prepare schedules o the sta o ocers and servants whom theyconsider it necessary and proper to employ or the purposes o this Act:

Provided that artisans, porters, labourers, sirdars o porters and labourers, employees who

are paid by the day and employees whose pay is charged to temporary work, shall not bedeemed to be ocers and servants within the meaning o this section.

() Such schedules shall also set orth the amount and nature o the salaries, ees andallowances which the Board propose to sanction or each such ocer or servant.

() A copy o all such schedules as last sanctioned by the Board shall be appended to theannual budget estimate prepared under section 7.

8. Subject to any directions contained in any schedule prepared under section 7 andany rules made under section 5 and or the time being in orce, the power o appointing,promoting and granting leave to ocers and servants o the Board, and reducing, suspending



or dismissing them or misconduct, and dispensing with their services or any reason otherthan misconduct, shall be vested:

(a) in the case o ocers and servants whose monthly salary does not exceed three hundredrupees - in the Chairman; and

(b) in other cases - in the Board:

Provided that any ocer or servant in receipt o a monthly salary exceeding one hundredrupees who is reduced, suspended or dismissed by the Chairman may appeal to the Board,

whose decision shall be fnal.

. () The Board shall not, without the previous sanction o the President o the Union.

(a) create or abolish any appointment the monthly emoluments o which amount to over

eight hundred rupees, or

(b) increase the monthly emoluments o any existing appointment to a sum exceeding eighthundred rupees.

() All orders passed by the Board under section 8 and relating to any ocer appointedto hold an oce the monthly emoluments o which exceed eight hundred rupees, exceptorders granting leave to, or suspending, any such ocer, shall be subject to the previoussanction o the President o the Union.

. The Chairman shall exercise supervision and control over the acts and proceedings oall ocers and servants o the Board; and, subject to the oregoing sections, shall dispose oall questions relating to the service o the said ocers and servants, and their pay, privilegesand allowances.

. () Subject to the sanction o the Board, given generally or with reerence to any particularcase, any o the powers, duties or unctions conerred or imposed on the Chairman underthis Act or any rule made thereunder may be delegated by him by an order in writing to

any ocer o the Board.

() The exercise or discharge by any ocer o any powers, duties or unctions delegated tohim under sub-section () shall be subject to such conditions and limitations, i any, as maybe prescribed in the said order and also to control and revision by the Chairman.



CHAPTER IIIPOWERS AND DUTIES OF THE BOARD

. The Board may, subject to the control o the President o the Union and the provisionso this Act, undertake any works and incur any expenditure or the improvement, expansionor development o the City, or o any area in the vicinity thereo to which the President o

the Union may, by notifcation, declare this Act to apply, and or the purpose o ramingand executing such town-planning schemes as may be necessary rom time to time.

. The Board may, or the purposes o this Act, purchase and hold moveable andimmoveable property within or without the City.

. () The President o the Union on behal o the Board may, under the Land AcquisitionAct, subject to the modifcations set out in Schedule I, and in addition to the provisionscontained in Chapter IV, acquire any land or any right or interest therein, whether attached

thereto or not, either in connection with any scheme or independently o any scheme, andany scheme may provide or such acquisition.

() The President o the Union on behal o the Board may acquire under the LandAcquisition Act, at any time prior to the completion o the scheme under sub-section (),in addition to any land comprised in the scheme, any other land which is benefcially orinjuriously aected thereby.

() The President o the Union on behal o the Board may acquire under the Land

Acquisition Act any easement aecting any immoveable property vested in the Board wheresuch acquisition is necessary or the development o the City:

Provided that where there is any dispute as to the existence o such necessity such disputeshall be reerred or decision to the Court as provided in section beore the issue o thenotice o intention to acquire any such easement.

() The word land in the Land Acquisition Act shall, or the purposes o this Act, bedeemed to include all the rights, interests and easements reerred to in this section.

5. The Board shall pay to the Municipal Corporation o the City o Rangoon each yearsuch sum o money as will suce to pay the interest on the loans raised by the MunicipalCommittee o Rangoon or the purposes o the Town Lands Reclamation Fund andspecifed in Schedule II, and a urther sum so calculated that it will, taking into accountthe amount in the sinking und o the aoresaid loans on the st February, [Dateo Commencement o this Act], and accumulations in the way o compound interest, besucient to repay each o the aoresaid loans on the date appointed or repayment whenthe loan was raised.



. The Board shall be liable to pay such contributions or the leave allowances and pensiono any servant o the Government employed as Chairman or as an ocer or servant o theBoard as may be prescribed in any rules applicable to him relating to transer to oreignservice.

Facilities or movement o the population.

7. With a view to acilitating the movement o the population in and around the City, theBoard may rom time to time:

() subject to any conditions they may think ft to impose:

(a) guarantee the payment, rom the unds at their disposal, o such sums as they may thinklit, by way o interest on capital expended on the construction, maintenance or working oany way or means o locomotion; or

(b) make such payments as they may think ft rom the aid unds by way o subsidy topersons undertaking to provide, maintain and work any way or means o locomotion; or

() either singly or in combination with any other person, construct, maintain and workany way or means o locomotion, under the provisions o any law applicable thereto; or

() construct or widen, strengthen or otherwise improve, bridges:

Provided that no guarantee or subsidy shall be made under clause (), and no means olocomotion shall be constructed, maintained or worked under clause (), without thesanction o the President o the Union.

CHAPTER IVSCHEMES

Procedure relating to the raming, examination and sanctioning o a Scheme.

8. () Whenever it appears to the Board that any immoveable property which is wholly orpartially built upon or which is in course o development, or which is being or is likely to beused or building purposes, is so situated that, in order to secure proper sanitary conditions,amenity and convenience in connection with the laying out or use o the said immoveableproperty or o any neighbouring immoveable property, it is expedient that a scheme beprepared, the Board may declare by resolution their intention to prepare such scheme, withreerence to the whole or any portion o such immoveable property, including the whole orsuch portion as may be necessary o such neighbouring immoveable property.

() Within twenty-one days rom the date o such resolution, the Board shall serve noticeo it upon the owner o any immoveable property aected thereby or his agent and shall



publish it in the prescribed manner in the Gazette, and shall apply to the President o theUnion or sanction to the making o such scheme.

() I, within one month rom the date o such publication in the Gazette, any personcommunicates in writing to the President o the Union any objections or suggestions relatingto such scheme, the President o the Union shall consider such objections or suggestions.

() Ater receiving such application and ater making such enquiry as he may think ft, thePresident o the Union may, by notifcation, either sanction; the making o such scheme,

with or without modifcation and subject to such conditions as he may think ft to impose,or he may, by similar notifcation, reuse to give sanction.

(5) Within twelve months rom the date o the notifcation sanctioning the making o ascheme, the Board shall, in consultation with the local authorities concerned, and suchowners or their agents as may be deemed necessary, prepare and publish in the prescribed

manner a drat scheme or the area in respect o which sanction has been given.

() I, within three months rom the date o publication o the drat scheme, any personaected by such scheme communicates in writing to the Board any objection relating tosuch scheme, the Board shall consider such objection and may modiy such scheme insuch manner as they think ft. The Board shall then submit the drat scheme, with anymodifcations which they may have made therein, together with the objections which mayhave been communicated to them, to the President o the Union.

(7) The President o the Union shall then decide all disputes between the Board and anyother local authority arising rom the scheme.

(8) At the request o any person who has communicated any objection under sub-section(), the President o the Union shall appoint a reeree with a sucient establishment, whosepowers and duties with respect to all such objections shall be as prescribed by the rulesramed under section 5, and whose decision shall be fnal except as regards the mattersspecifed in sub-section ().

() l the decision o the reeree is questioned as regards:

(a) estimates o the accrual o increment;

(b) the proportion o the accrued increment to be contributed to the cost o the scheme;

(c) the contribution to be levied on each plot included in the scheme;

(d) the contribution to be levied on any plot which is increased in value by the scheme butwhich is not included in the scheme;(e) the compensation to be paid under section 5, or;



() the date or dates upon which the contributions shall be levied;

there shall be a right o reerence to the Court as provided in section .

() Ater making such enquiries with respect to such reerred questions as may be deemednecessary, the Court may accept, modiy, vary or reject the decision o the reeree on such

questions.

() The Board shall then prepare a fnal scheme embodying all alterations and modifcationswhich have been made, or rendered necessary, by the decisions o the reeree or the Court,and shall orward such scheme to the President o the Union.

() The President o the Union, ater consideration o such scheme, may:

(a) reject the said scheme and direct that all urther proceedings in connection therewith

shall be stayed; or

(b) approve o the said scheme.

() Ater the President o the Union has sanctioned and published such scheme in theGazette, it shall have eect as i it were enacted in the body o this Act.

() The Board may permit any private owner to carry out, under the supervision o theBoard, the reclamation and development o his own land in accordance with the provisions

o such scheme.

Reerence to the Court.

. () A reerence to the Court, under section , sub-section (), and under section 8,sub-section (), shall ordinarily lie to a single Judge, but a reerence, except in the case o areerence under section , shall lie to a Bench o two Judges in the ollowing cases:-

(a) where he amount o the claim involved exceeds the sum o rupees twenty-fve thousand;

(b) in the matters mentioned in section 8, sub-section (), clauses (a) and (b), respectively.

() The decision o the Court, whether the reerence lies to a single Judge or to a Bench,shall be fnal:

Provided that in a reerence to a Bench i the Judges constituting such Bench are unable toagree they shall reer any matter upon which they may dier to another Judge o the Court

whose decision thereon shall be fnal.. () The reeree shall, save where he is a servant o the Government be entitled to suchremuneration, either by way o monthly salary or by way o ees, or partly in one way andpartly in the other, as the President o the Union may rom time to time determine.



() The salary o a reeree who is a Government servant, and any remuneration payableunder sub-section (I), and all expenses incidental to the work o the reeree shall, unless thePresident o the Union otherwise determines, be paid by the Board and shall be added tothe costs o the scheme.

Matter or which a Scheme may make Provision.

. A scheme may make provision or:

(a) the construction, diversion, alteration and stopping up o streets, roads, water-channelsand communications;

(b) the construction, alteration and removal o buildings and bridges and other structures;

(c) the plotting out o land as building sites whether such land is intended to be used or

building purposes in the immediate uture or not;

(d) the allotment or reservation o land or roads, open spaces, gardens, recreation grounds,schools, markets and other public purposes o all kinds;

(e) reclamation and drainage, inclusive o sewerage and o surace drainage and sewagedisposal;

() lighting;

(g) water-supply;

(h) the preservation o objects o historical interest or natural beauty;

(i) the imposition o conditions and restrictions in regard to the open space to be maintainedabout buildings, the number, height, architectural eatures and character o buildingsallowed in specifed areas, and the purposes to which buildings or specifed areas may ormay not be appropriated;

(j) a building line on each side o every street which it is proposed to lay out, including aprovision:

(i) that no person shall construct any portion o any building so as to encroach past the saidline on to the street;

(ii) that owners shall build right up to the said line;

(c) such other matter not inconsistent with the objects o this Act as may be prescribed bythe President o the Union.



. A scheme may make provision or:

(a) the variation, extinction or transer o any right or title or interest in or connected with,or the alteration or rearrangement o the boundaries o, any holding o land aected thereby,i such variation, extinction, transer, alteration or re-arrangement is, in the opinion o theBoard, necessary in order to render such holding more suitable or building purposes or or

any object in urtherance o the scheme;

(b) the allotment o a plot to any owner dispossessed o immoveable property in urtheranceo the scheme;

(c) the transer o the ownership o a plot rom one person to another.

, () A scheme may make provision or such and so many building sites or or theconstruction, maintenance and management o such and so many dwellings and shops

within the limits o the land aected by the scheme or its vicinity as may be necessary orpersons o the poorer and working classes.

() A scheme may also provide or the construction, maintenance and management o suchdwellings and shops by the Board themselves, or either wholly or in part by some person

who satisfes the Board o his ability to carry out such work, or either wholly or in part bythe Municipal Corporation o the City o Rangoon.

() When any such scheme provides, either wholly or in part, or the construction,

maintenance and management o the work by any person or by the Municipal Corporationo the City o Rangoon, the scheme shall embody the terms and conditions agreed uponbetween the Board and such person or between the Board and the Municipal Corporationo the City o Rangoon.

() The Board shall not themselves construct dwellings or shops under a scheme unless theyare satisfed, ater due enquiry, that neither any other person nor the Municipal Corporationo the City o Rangoon is willing and able to construct them.

. Every scheme shall contain, as ar as can be ascertained or prepared, the ollowingparticulars, namely:-

() a plan showing the existing state and situation o the land aected by such scheme;

(b) the area, ownership and tenures o each original plot;

(c) a statement o the existing population on the land aected by the scheme;

(d) the land allotted or reserved under section , clause (d), with a general indication othe uses to which such land is to be put and an estimate o the compensation to be paidunder section 5;



(e) a statement o the works which it is proposed to execute under section on the landin respect o which the scheme has been prepared in order to give eect to the said scheme;

() an estimate o the total costs o the scheme; and a statement speciying the proportion osuch costs payable by, or leviable rom, the Board, or any local bodies, owners, mortgagees,mortgagors, lessors, lessees or other persons aected by such scheme;

(g) a statement o the increment on each plot;

(h) a statement showing the proportion o the accrued increment on each plot to becontributed to the cost o the scheme;

(i) a statement o the agency or agencies by means o which such works should be carriedout and the means o providing unds wherewith to pay their cost;

(j) a statement showing the lands and buildings, i any, which it is proposed to acquire andthe estimated cost o acquiring the same;

(k) a statement showing the plots on which it is proposed to levy a contribution undersection 5;

(l) proposals with reerence to the order in which such works should be carried out and thedates on which they should be undertaken;

(m) a plan showing the state o the land ater the execution o the scheme and the extent towhich it is proposed to change the boundaries o original plots;

(n) the area, ownership and tenures o the plots into which it is proposed to divide the saidland under the scheme;

(o) a statement o the authority by whom the conditions and restrictions imposed undersection , clauses (i) and (j), are to be enorced;

(p) a statement o the arrangements made or proposed or temporary re-housing during theexecution o the scheme and or re-housing persons o the poorer and working classes whoare likely to be displaced by the execution o the scheme;

(q) the date or dates upon which the contributions shall be levied;

(r) such other particulars as the President o the Union may generally or with reerence toany special scheme.

Eect o Scheme.



5. With eect rom the date o publication o a resolution under section 8, sub-section(), no person shall, without the permission in writing o the Board and except in accordance

with the terms and conditions o such permission, erect or re-erect, add to or make anychange in, any building situated within the area included in such scheme.

. Subject to the provisions o this Act, and the rights o [the State] [Submitted by the

Union o Burma (Adaptation o Laws) Order, 8] the day on which the fnal schemecomes into orce:

(a) all immoveable property required by the Board as provided or in such scheme shall,unless it is otherwise determined in such scheme, vest absolutely in the Board ree rom allencumbrances;

(b) all rights in original plots which have been reconstituted shall determine and thereconstituted plots shall become subject to the rights settled by the fnal scheme.

7. On and ater the day on which the fnal scheme comes into orce any person continuingto occupy any land which he is not entitled to occupy under the fnal scheme may, inaccordance with the prescribed procedure, be summarily evicted by the Board.

8. () On and ater the day on which the fnal scheme comes into orce the Board may,ater giving the prescribed notice and in accordance with the provisions o the scheme,remove, pull down or alter any building or other work in the area included in the scheme

which is such as to contravene the scheme, or in the erection or carrying out o which any

provision o the scheme has not been complied with.

() I any question arises as to whether any building or work contravenes a scheme, orwhether any provision o a scheme is not complied with, that question shall be reerred bythe Board to the President o the Union and his decision shall be fnal and conclusive andbinding on all persons.

Cost o Scheme.

. The cost o a scheme shall be met wholly or in part by a contribution to be levied by theBoard on each plot included in the fnal scheme calculated in proportion to the incrementwhich is estimated to accrue in respect o such plot:

Provided that no such contribution on account o land privately owned shall exceed seventy-fve per cent o the increment estimated to accrue in respect o each plot.

5. When, by the making o any scheme, any immoveable property not included in thefnal scheme is increased in value, the cost o such scheme may be met wholly or in part bya contribution levied by the Board on any plot which is so increased in value, calculated inproportion to the increment which is estimated to accrue in respect o such plot:



Provided that:

(i) no such contribution shall exceed fty per cent o the increment estimated to accrue inrespect o such plot; and

(ii) no such contribution shall be levied unless it is included within the particulars o the

drat scheme published in accordance with the provisions o section 8, sub-section (5).

5. The sum o the contributions under sections and 5 shall in no case exceed theactual cost o the scheme and in apportioning such costs all immoveable property includedin such scheme except any plot vested in the Board shall bear its proportionate share.

5. The cost o reclaiming any immoveable property vested in the Board under section 58or exchanged or any such immoveable property or purchased rom the revenues o suchimmoveable property shall be debited solely against the account specifed in clause () o

section 77, sub-section ().

5. For the purposes o this Act, the increment shall be deemed to be the amount bywhich the value o a plot estimated on the assumption that the scheme has been completedexceeds the value o the same plot estimated at its market value at the date o the declarationo intention to make a scheme without reerence to improvements contemplated in thescheme:

Provided that, in estimating such values, the value o buildings or other works erected or in

the course o erection on such plot shall not be taken into consideration.

5. () Any scheme may provide or the payment o the contributions under sections and 5 in a lump sum or in installments o such amounts, not being less than twelve rupeesper annum, or any plot and at such intervals as will suce to discharge such contributions,together with interest thereon at the rate o six per centum per annum, within a period notexceeding thirty years.

() The said installments shall be payable by the owner o the plot on which the said

contributions are so charged and may be recovered in the manner prescribed by section 8.

() The contributions payable in respect o any plot shall be and remain a continuingcharge on the same during such time as they remain unpaid.

() At any time beore the expiration o the period or the payment o any contributionsunder this section, the owner o the plot on which it is charged may redeem such charge bypaying such part o the said contributions as may not have been derayed by sums alreadylevied in respect o the same.

55. In any case in which the President o the Union has sanctioned the acquisition o landunder section , sub-section (), the owner o any portion o such land may apply to the



Board to rerain rom the acquisition thereo and to proceed under the provisions o section5, or otherwise as may be agreed upon, and the Board may thereupon proceed accordingly.

Compensation.

5. () Where property or a private right o any sort is injuriously aected by reason o any

provisions contained in a scheme, compensation shall, subject to the provisions o this Act,be payable by the Board or by any person benefted, or partly by the Board and partly bysuch person, as may be determined in each case by the fnal scheme.

() Such compensation may be paid either in cash, or by the allotment o a plot, or in suchother manner as may be determined in each case by the fnal scheme:

Provided that:

(a) no compensation shall be payable under sub-section () i or in so ar as the provisionso a scheme are such as would have been enorceable without compensation under any rulehaving the orce o law, bye-law or Act in orce at the time;

(b) property or a private right o any sort shall not be deemed to be injuriously aected byreason o any provisions inserted in a scheme, which, with a view to securing the amenity othe area included in such scheme or any part thereo, impose any conditions and restrictionsin regard to any o the matters specifed in section , clauses (i) and (j);

(c) the Board shall not be bound to consider any claim to compensation which is made aterthree months rom the publication o the drat scheme.

57. () Any scheme which has been notifed in accordance with the provisions o section8 may be revoked. or abandoned, or may be varied by a subsequent scheme prepared inaccordance with this Act, and the President o the Union may, on the application o theBoard, or o any other person appearing to him to be interested, by order revoke, abandonor vary any scheme so notifed, i such revocation, abandonment or variation should appearto be expedient in the circumstances o the case:

Provided that no such variation, revocation or abandonment shall be eected without thepublication o a notice in the prescribed manner.

() Any person who has incurred expenditure or the purpose o complying with a schemerevoked, abandoned or varied under sub-section () shall be entitled to compensation romthe Board in so ar as any such expenditure is rendered abortive by reason o such revocation,abandonment or variation.

() l a scheme is revoked or abandoned under sub-section (), the Board shall pay to anyperson whose interests have been aected by such scheme compensation not exceeding



the amount o the costs reasonably incurred by him in the proceedings under this Actconnected with such scheme.

CHAPTER VPROPERTY, TAXATION AND FINANCE

Property.

58. () From the day on which this Act comes into orce, there shall vest in the Board theright, title and interests o Government in, and to, the ollowing immovable property inthe City, namely:-

(a) all waste-land not especially reserved by the President o the Union; and

(b) all immoveable property held rom Government under permit, licence or lease or

occupied without title.

() All rents or ees now derived by Government on account o such permits, licences orleases shall be collected by and vest in, the Board.

() Ater the commencement o this Act! the President o the Union may, by notifcation,place any other Government immoveable property at the disposal o the Board, and suchproperty shall thereupon vest in the Board rom the date o the notifcation.

5. () The Board may dispose o immoveable property, vested in the Board under theprovisions o section 58 or otherwise, by lease, sale, transer or in any other manner, subjectto any rules which may be made under section 5.

() l any immoveable property vested in the Board is required. by the Government oradministrative purposes, the Board shall transer the same to the President o the Unionupon payment o all costs incurred by the Board in acquiring, reclaiming or developing thesame, together with interest thereon at the rate o six per cent per annum calculated romthe lst February, , or rom the date on which such costs were incurred, whichever is

the later. The transer o any such immoveable property shall be notifed in the Gazette andsuch property shall thereupon vest in the Government rom the date o the notifcation.

. The Municipal Corporation o the City o Rangoon shall pay rom the Municipal Fundto the Board on the frst day o each quarter, so long as the Board continues to exist, a sumo twentyfve thousand rupees, and may pay any urther sum with the previous sanctiono. the President o the Union.

. On the day on which this Act comes into orce:

(a) the balance at the credit o and all assets and liabilities due to and payable rom theaccount o the deposits o land sales and rents, Rangoon;



(b) all assets and liabilities o the Rangoon Town Lands Reclamation Fund including anycontingent liability under any orders o the Secretary o State existing at the date when this

Act comes into orce. [This Act came into orce on the st February, ].

shall respectively vest and be taken over by the Board.

. All moneys to be credited to the Board on the day on which this Act comes into orce[This Act came into orce on the st February, ] and all moneys thereater payable tothe Board shall be received by the Chairman, and shall orthwith be paid into the [UnionBank o Burma] [Substituted by Act LXVIII, 5], or such other Bank as may be selectedby the Board subject to the approval o the President o the Union, to the credit o anaccount which shall be styled The account o the Rangoon Development Fund, and shallbe held by the Board in trust or the purposes o this Act subject to the provisions hereincontained.

. The moneys rom time to time credited to the Rangoon Development Fund shall beapplied:

frstly, in making due provision or the repayment o the outstanding balances o principaland interest o all loans mentioned in Schedule II, and secondly, in payment o all sums,charges and costs necessary or the purpose o carrying this Act into eect, or o which thepayment shall be duly directed or sanctioned under any o the provisions o this Act or anyother Act, or payable under any order or decree o a civil or criminal Court.

. () Surplus moneys at the credit o the Rangoon Development Fund may, rom timeto time, be:

(a) deposited at interest in the [Union Bank o Burma] [Substituted by Act LXVIII, 5]or in any other Bank approved by the President o the Union in this behal; or

(b) invested in Government securities. securities guaranteed by Government, RangoonMunicipal debentures, debentures issued by the Commissioners or the Port o Rangoonor by the Board, or with the approval o the President o the Union in any other manner.

() All such deposits and investments shall be made by the Chairman on behal o theBoard.

5. () No payment shall be made by the Bank out o the account reerred to in section ,except upon a cheque.

() Payment o any sum due by the Board exceeding one hundred rupees in amount shallbe made by means o a cheque and not in any other way.

() Payment o any sum due by the Board not exceeding one hundred rupees in amountmay be made by the Chairman in cash, cheques or sums not in excess o one thousand



rupees each, signed in accordance with the provisions o section , being drawn rom timeto time to cover such payments.

. All orders or making any deposit or investment under section , or or any withdrawalor disposal thereo, and all cheques reerred to in section 5 shall be signed:

(a) by the Chairman and the Secretary to the Board, or

(b) in the event o the illness or occasional absence rom Rangoon o the Chairman or theSecretary, then by the Secretary or the Chairman, as the case may be, and by a Trustee otherthan the Chairman.

7. () No work shall be begun or executed unless provision or the expenditure requiredthereore has been made in a current budget-grant, and no sum shall be expended by or onbehal o the Board unless the expenditure o the same is covered by a current budget-grant

or can be met by reappropriation or, with the previous sanction o the President o theUnion, by drawing on the closing balance.

() The ollowing items shall be exempted rom the provisions o subsection (), namely:-

(a) repayments o moneys belonging to contractors and other persons and held in deposit,and o moneys collected by, and credited to, the Board by mistake;

(b) payments due under a decree or order o a Court passed against the Board;

(c) sums payable under a compromise o any suit or other legal proceeding or claim;

(d) sums payable by way o compensation; and

(e) payments required to meet some pressing emergency.

() Whenever any sum exceeding fve thousand rupees which cannot be met byreappropriation is expended under clause (b), clause (c), clause (d) or clause (e) o sub-

section (), the Chairman shall orthwith report the circumstances to the President o theUnion, and shall at the same time report how the Board propose to cover the expenditure.

Taxation.

. () The duty charged by Articles , and A respectively, o Schedule I o theBurma Stamp Act shall, in the case o instruments aecting immoveable property situatedin the City and executed on and ater the commencement o this Act, [That is, ater the stFebruary, ] be increased by two per centum on the value o the property so situated,as set orth in the instrument.



() For the purposes o this section, section 7 o the said Burma Stamp Act shall be readas i it specifcally required the particulars reerred to therein to be set orth separately inrespect o:

(a) property situated in the City, and (b) property situated outside the City, respectively.

() For the purposes o this section, section o the said Burma Stamp Act shall be readas i it reerred to the Board as well as the Government.

() All collections resulting rom the said increase shall, ater deducting incidental expenses(i any), be paid to the Board at such time as may be prescribed by rule made under section5.

. () Every male passenger liable to pay the ull are leaving Rangoon by sea-going vessel[or aircrat] [Inserted by Act VIII, ] or a destination other than a port [or an airport]

[Inserted by Act VIII, ] in the Union o Burma shall pay in respect o each journey somade by him a tax o such amount not exceeding two rupees as the President o the Unionmay determine.

() The said tax shall be collected as a surcharge on the ares in respect o such journeysby the persons by whom the ares are collected and, ater making such deductions as thePresident o the Union may approve to meet expenses incurred in the collection o the tax,shall be paid to the Board by the owner o the vessel [or aircrat] in which the passengersare carried, or i the ares are collected by an agent o the owner o the vessel [or aircrat]

[Inserted by Act VIII, ] or by a charterer or hirer o the vessel [or aircrat] [Insertedby Act VIII, ] or his agent, by such charterer or hirer or agent, at such time as maybe prescribed by rule, and the owner o the vessel [or aircrat] [Inserted by Act VIII, ]and his agent or the charterer or hirer and his agent, as the case may be, shall be jointly andseverally liable to pay and account or the tax to the Board.

() The owner or agent o the owner o every vessel [or aircrat] [Inserted by Act VIII,] reerred to in sub-section () shall prepare and deliver, or cause to be prepared anddelivered, to the Chairman, each quarter, a return, in the orm prescribed by rule made

under section 5, o all passengers carried by such vessel, [or aircrat] [Inserted by Act VIII,] by whom the tax imposed by that sub-section is payable;

and shall subscribe, at the oot o such return, a declaration o the truth thereo:

7. () Whenever the President o the Union considers that any duty or tax imposed bysections 8 and , or any contribution payable under section o this Act, or any portiono any such duty, tax or contribution, is not required or the purposes o this Act, he may,by notifcation,-

(a) suspend, or any specifed period, the levy o such duty, tax or contribution or anyspecifed portion thereo; or



(b) abolish such duty, tax or contribution or any specifed portion thereo, rom a date tobe specifed in the notifcation.

() I at any time the President o the Union considers that any such duty, tax or contributionor any portion thereo, which has been suspended or abolished under sub-section (), isrequired or the purposes o this Act, he may, by notifcation, cancel, such suspension

or abolition, wholly or in part, as he may think ft, rom a date to be specifed in thenotifcation.

Loans.

7. The Board shall be deemed to be a local authority, as defned in the Local AuthoritiesLoans Act, or the purpose o borrowing money under that Act.

Enorcement o Liabilities.

7. () l the Board ail to pay any money borrowed in accordance with the provisions osection 7 or any interest or payments due in respect thereo, the Accountant-General,Burma, shall make such payment and the Municipal Corporation o the City o Rangoonshall orthwith pay rom the Municipal Fund to the said Accountant-General a sumequivalent to the sum so paid by him.

() When payment has been made as aoresaid, or i the Board should ail to make anypayments or which they are liable under the provisions o section 5, the Municipal

Corporation o the City o Rangoon shall be deemed to be, and have all the rights o,a lender in respect o the said payments against the Board under section 5 o the LocalAuthorities Loans Act, and the Government shall reimburse the said Corporation out othe proceeds o any attachment levied under the provisions o that section, subject to theconditions and limitations therein prescribed.() I the Municipal Corporation o the City o Rangoon ails to make any payments asrequired by section or by sub-section ( ), the Government may attach the MunicipalFund or any part thereo.

() All moneys paid by the Municipal Corporation o the City o Rangoon under sub-section (), and not reimbursed by the Government under sub-section (), and all moneyspayable under sub-section () and levied under sub-section (), shall constitute a chargeupon the property belonging to or vested in the Board.

Budget Estimates.

7. The annual budget estimate shall be prepared in accordance with rules ramed undersection , and such estimate as approved by the Board shall be submitted to the Presidento the Union, who may approve or modiy the same:



Provided that the President o the Union shall, beore modiying any budget estimate, giveto the Board an opportunity or the urther consideration o the said estimate.

7. A copy o every such estimate shall, as fnally approved by the resident o the Union besent by the Board to the Municipal Corporation o the City o Rangoon.

75. [...] [Omitted by Act II, 5]

7. () The Board may. at any time during the year or which a budget estimate has beensanctioned, cause a supplementary estimate to be prepared and laid beore them at a specialmeeting.

() The provisions o section 7 and section 7 shall apply to the said estimate.

Accounts.

77. () The accounts o the Board shall be kept in such a manner as to show separately:

(a) all income and expenditure in connection with immoveable property vested in the Boardunder section 58 or exchanged or any such immoveable property or purchased rom therevenues o such immoveable property, and

(b) all other income and expenditure o the Board.

() Such accounts shall be subject to such audit as the Board may with the sanction o thePresident o the Union, direct.



Provident Fund.

78. The Board may. by rules ramed under the provisions o section , establish andmaintain a provident or annuity und and may compel all;

any o the ocers or servants o the Board. other than servants o the Government to

subscribe to such und and i necessary may deduct such subscriptions out o the salaries oremoluments o such ocers or servants.

CHAPTER VIPROCEDURE

Power o Entry.

7. The Chairman, or any ocer o the Board authorized by him in this behal. may with

or without assistants or workmen enter into or upon any immoveable property in order:

(a) to make any inspection, survey, measurement, valuation or enquiry;

(b) to take levels;

(c) to dig or bore into the sub-soil;

(d) to set out boundaries and intended lines o work;

(e) to mark such levels. boundaries and lines by placing marks and cutting trenches, or

() to do any other thing;

whenever it is necessary to do so or any o the purposes o this Act or any rule madethereunder or any scheme under preparation or sanctioned thereunder:

Provided as ollows:

(i) no such entry shall be made between sunset and sunrise;

(ii) no building which is used as a dwelling place shall be so entered, unless with the consento the occupier thereo. without giving the said occupier at least twenty-our hours previous

written notice o the intention to make such entry;

(iii) sucient notice shall in every case be given. even when any premises may otherwise beentered without notice. to enable the inmates o any apartment appropriated to emales toremove to some part o the premises where their privacy need not be disturbed;



(iv) due regard shall always be had. as ar as may be compatible with the exigencies o thepurpose or which the entry is made to the social and religious usages o the occupiers othe premises entered.

8. () The Board may:

(a) do any act which is necessary or desirable to be done in pursuance o the provisions oany scheme; and

(b) execute any work which it is the duty o any person to execute under such scheme andwhich such person has ailed to execute.

() Any expenses incurred by the Board under clause (b) o sub-section () may be recoveredby the Board rom the person or persons in deault.

() In the event o any question arising whether any action taken or purporting to be takenunder sub-section () is in pursuance o the provisions o a scheme, such question shall bereerred to the President o the Union, whose decision thereon shall be fnal and conclusiveand binding on all persons.

Signature and Service o Notices or Bills.

8. Every notice, bill or rent receipt, which is required by this Act or by any rule madethereunder to bear the signature o the Chairman or o any other Trustee or o any ocer

or servant o the Board, shall be deemed to be properly signed i it bears a acsimile o thesignature o the Chairman or o such other Trustee or o such ocer or servant, as the casemay be, stamped thereon.

8. When any notice, bill or other document is required by this Act or by any rule madethereunder to be served upon or to be issued or presented to any person, such service, issueor presentation shall be eected:

(a) by giving or tendering such document to such person; or

(b) i such person is not ound, by leaving such document at his last known place o abodein the city, or by giving or tendering the same to some adult male member o his amily; or

(c) i such person does not reside in the city, and his address elsewhere is known to theChairman, by orwarding such document to him by registered post under cover bearing thesaid address; or

(d) i none o the means aoresaid be available, by causing a copy o such document to beaxed on some conspicuous part o the property to which the document relates.



Legal Proceedings.

8. The Chairman may, subject to the control o the Board:

(a) institute, deend, or withdraw rom, legal proceedings under this Act or any rule madethereunder;

(b) compound any oences against this Act or any rule made thereunder which, under anylaw or the time being in orce may lawully be compounded;

(c) admit, compromise or withdraw any claim made under this Act or any rule madethereunder; and

(d) obtain such legal advice and assistance as he may rom time to time think it necessary orexpedient to obtain, or as he may be desired by the Board to obtain, or any o the purposes

reerred to in clauses (a), (b) and (c), or or securing the lawul exercise or discharge o anypower or duty vested in or imposed upon the Board or any ocer or servant o the Board.

8. No suit shall be maintainable against the Board, or any Trustee, or any ocer or servanto the Board, or any person acting under the direction o the Board or o the Chairman oro any oicer o the Board, in respect o anything lawully and without negligence doneunder this Act or any rule made thereunder.

85. No suit shall be instituted against the Board, or any Trustee, or any ocer or servant o

the Board, or any person acting under the direction o the Board or o the Chairman or oany ocer or servant o the Board in respect o any act purporting to be done under this Actor any rule made thereunder, until the expiration o one month next ater written notice hasbeen delivered or let at the oce o the Board, or at the oce or the place o abode o suchocer, servant or person, stating the cause o action, the name and place o abode o theintending plainti, and the relie which he claims, and the plaint must contain a statementthat such notice has been so delivered or let.

Recovery o Dues.

. () Any sum o money, or any tax or ee due to or claimable by the Board may berecovered by the Board as i it was an arrear o land-revenue.

() The President o the Union may, by notifcation, prescribe by whose orders and onwhose application such money, tax or ee may be recovered.



CHAPTER VIIOFFENCES

87. The oences mentioned in column o the ollowing table shall be punishable to theextent mentioned in column thereo with reerence to such oences, respectively:

1 2

1 ontravening the provisions o a scheme in respecto the matters specifed in section 41 clauses i andj or the provisions o section 4

ine not exceeding s 00 and in case o continuingcontravention a urther fne which may extend tos 100 or each day ater the frst during which thecontravention continues

2 mitting to urnish the return required by section69 3 or reusing to sign or complete the same

ine not exceeding s 1000

3 aking and delivering any such return containing

any statement not true to the best o the inormationand belie o the person making the same

mprisonment or a period which may extend to three

years or fne or both

88. Whoever disobeys any rule made or any lawul direction given by the Board by publicnotice given under the powers conerred upon them by any o the provisions o this Act,or any notice in writing lawully issued by them under the powers so conerred, or ails tocomply with the conditions subject to which any permission was given by the Board tohim under those powers, shall, i the disobedience or omission is not an oence punishableunder any other section, be punishable with hne which may extend to Rs. 5 and, in the

case o a continuing breach, with a urther fne which may extend to Rs. 5 or every dayater the date o frst conviction on which the oender is proved to have persisted in theoence.

8. l any Trustee, or any ocer or servant o the Board, knowingly acquires, directly orindirectly, by himsel or by any partner, employer or employee, otherwise than as suchTrustee, ocer or servant, any share or interest in any contract or employment with, by oron behal o, the Board, not being a share or interest such as, under section 7, sub-section(), it is permissible or a Trustee to have without being thereby disqualifed or being

elected or appointed a Trustee, he shall be punishable with simple imprisonment or a termwhich may extend to one year, or with line, or with both.

. l any person:

(a) obstructs or molests any person with whom the Chairman has entered into a contracton behal o the Board in the perormance or execution by such person o his duty, or oanything which he is empowered or required to do by virtue or in consequence o this Actor any rule made thereunder; or

(b) removes any mark set up or the purpose o indicating any level or direction necessaryto the execution o works authorized by this Act or any rules thereunder;



he shall be punishable with fne which may extend to two hundred rupees, or withimprisonment or a term which may extend to two months.

. All fnes and damages realized, and the proceeds o all confscations, in cases in whichprosecutions are instituted under, this Act or any rule made thereunder, shall be paid to theBoard.

. Notwithstanding anything contained in the Code o Criminal Procedure:

(a) all oences against this Act or any rule made thereunder shall, wherever committed, becognizable by a Magistrate o the Rangoon Town District;

(b) no such Magistrate shall be deemed to be incapable o taking cognizance o any suchoence by reason only o being liable to pay any tax imposed by this Act or o his beingbenefted by the unds to the credit o which any fne imposed by him will be payable;

(c) it shall not be necessary, in respect o any oence under this Act or o any rule madethereunder, to examine the complainant when the complaint is presented in writing.

. No person shall be liable to punishment or any oence reerred to in section 87, column, item (), o the table unless complaint o such oence is made beore a Magistrate withinthree months next ater the commission o such oence.

. () I, on account o any act or omission, any person has been convicted o an oence

against this Act or any rule made thereunder, and, by reason o the same act or omission othe said person damage has occurred to any property o the Board, compensation shall bepaid by the said person or the said damage, notwithstanding any punishment to which hemay have been sentenced or the said oence.

() In the event o dispute, the amount o compensation payable by the said person shall bedetermined by the Magistrate beore whom he was convicted o the said oence.

() I the amount o any compensation due under this section be not paid, the same shall

be recovered under a warrant rom the said Magistrate as i it were a line inicted by himon the person liable thereore.

CHAPTER VIIIRULES

5. The President o the Union may make rules consistent with the provisions o this Actto provide or all or any o the ollowing matters, namely:-

() Regulating elections under section , clauses (d), (e),(), (g) and (h).



() (a) The particulars which a resolution declaring the intention to rame a scheme shallcontain, including the submission o plans, and the description o buildings, i any, whichmay be aected by such scheme;

(b) the publication o such resolution, and the hearing and determination o objectionsagainst such scheme or any portion thereore;

(c) all other matters which may be provided or in a scheme;

(d) the publication o a drat or fnal scheme, the hearing and determination o objectionsagainst a scheme or any portion thereo, and the delegation to any person o the power ohearing and reporting on such objections;

(e) the inspection by the public o such drat or fnal scheme, and o the documents, plansand maps prepared with such scheme;

() regulating the sending o copies o such documents, plans and maps to the properregistering ocer;

(g) the urther particulars to be prescribed or inclusion in any drat scheme under section;

(h) the submission to the President o the Union o any scheme;

(i) the publication o notice o variation, revocation or abandonment o any scheme.

() (a) Fixing the remuneration o the reeree;

(b) the sta and establishment to be provided or the reeree and the remuneration o suchsta and establishment;

(c) the procedure to be ollowed by the reeree;

(d) determining the powers and duties conerred or imposed upon the reeree;

(e) the orm in which the Board shall draw up the fnal scheme, the particulars to be enteredin such fnal scheme, and the extent to which variations may be made by the Board in thedrat scheme;

() the period o limitation or reerences to the Court;

(g) fxing the ees payable on a reerence under section ;



(h) the procedure to be ollowed by a person who questions the decision o the reeree asregards any o the points specifed in section 8, sub-section (), in applying or a reerenceto be made to the Court.

() The procedure to be ollowed by the Board in summarily evicting a person under section7.

(5) The notice to be given by the Board beore they take action under section 8.

() The maintenance o a register o charges created under section 5.

(7) The collection o the duty and taxes imposed by sections 8 and and the paymentthereo to the Board.

(8) The-orm o the returns required by section , sub-section (), the particulars to be

contained therein, the manner o verifcation thereo, and the time within which the sameare to be delivered to the Chairman.

() The procedure to be ollowed by the ocer deputed to hold an enquiry or the purposeo deciding a disputed claim to ownership under section .

() The preparation o the annual administration report, and prescribing the orm andcontents thereo.

() The lease, sale, transer, or disposal o any immoveable property vested in the Boardunder section 58 or exchanged or any such immoveable property or purchased rom therevenue o such immoveable property:

Provided that such disposal, sale or transer shall not aect the rights o [the State][Substituted by the Union o Burma (Adaptation o Laws) Order, 8] therein or theconditions o any trust to which it may be subject.

() The preparation and submission o estimates and determining the authority by whom

such estimates shall be prepared or submitted.

() Regulating the manner o publication o public notices and advertisements.

() The procedure to be adopted or securing co-operation on the part o the Board withthe owners or persons interested in immoveable property proposed to be included in ascheme at every stage o the proceedings by means o conerences and such other means asmay be expedient.

(5) Fixing o the period o limitation or claims or compensation.

() Fixing o ees or process and amount o ees payable to witnesses.



(7) The person by whom and the time, place and manner at or in which anything is to bedone under this Act or which no express provision is made.

(8) The cases in which inspection and copies o documents and records may be granted,regulating the procedure in, and fxing the ees or, obtaining the same.

() The carrying out o the purposes o this Act with reerence to all matters not specifcallyenacted therein.

. () The Board may, rom time to time, make rules, not inconsistent with any o theprovisions o this Act or o any rules made by the President o the Union, or carrying outthe purposes o this Act.

() In particular, and without prejudice to the generality o the oregoing power, such rulesmay provide or:

(a) associating persons with the Board under section 7;

(b) the guidance o persons employed by it under this Act;

(c) the time and place o meetings o the Board and committees;

(d) the manner in which notice o such meetings may be given;

(e) the quorum necessary or the transaction o business at meetings;

() the constitution and powers o committees appointed under section 8;

(g) delegating powers and duties to the Chairman subject to such limitations and restrictionson the exercise o such delegated powers and duties as may be deemed necessary;

(g) the flling o vacancies on committees;

(h) the manner in which a Trustee may resign;

(i) the manner in which minutes o proceedings shall be kept and published;

(I) regulating the preparation o the budget estimate;

(k) any other matter relating to the proceedings o the Board or committees, the holding orregulation o meetings, and the conduct o debate;

(l) the construction, maintenance and management o dwellings and shops constructedunder any scheme;(m) the qualifcations ordinarily to be required o an ocer or servant;



(n) the procedure to be ollowed in dismissing or removing rom his appointment anyocer or servant;

(o) the amount and the nature o the security to be demanded rom any ocer or servantrom whom it may be deemed expedient to require security;

(p) the grant o leave to ocer or servants;

(q) the payment o allowances to ocers and servants, or to certain o them, whilst absenton leave;

(r) the remuneration to be paid to the person appointed to act or any o the said ocers orservants during their absence on leave;

(s) the period o service o the said ocers and servants;

(t) the conditions under which the said ocers or servants on retirement or discharge, or, incase o their death while in service, their widows or other dependent relations, shall receivepensions, gratuities or compassionate allowances, and the amount o conveyance allowanceand travelling allowance payable to such ocers or servants, provided that no pension,gratuity, leave allowance or other allowance, except gratuities or compassionate allowancesto widows and dependents, shall exceed the sum to which any ocer or servant would beentitled i such ocer or servant had been employed by Government in a capacity similarto that in which he is employed by the Board;

(tt) the payment o advances, and contingent and other expenditure;

(ttt) other matters incidental to the control and administration o the Rangoon DevelopmentFund;

(u) the payment o contributions to any provident or annuity und established by the Board;

(v) the times, circumstances and conditions under which payments may be made out o

any such und and the conditions under which such payments shall relieve such und romurther liability;

(w) the settlement, by arbitration or otherwise, o disputes relating to such und, or thepayments or subscriptions thereto, or claims thereon, between the Board and other personsor between persons claiming any share or interest therein; and

(x) regulating generally such other matters incidental to such und and the investmentthereo as the President o the Union may approve.



7. () The power o the Board to make any rules under section is subject to the controlo the President o the Union and to the condition o the rules being made ater previouspublication.

() All rules made under this Act shall be published in the Gazette and shall thereater haveeect as i enacted in this Act.

CHAPTER IXSUPPLEMENTAL PROVISIONS

Status o Trustees, etc.

8. Every Trustee, and every ocer and servant o the Board, and the reeree shall bedeemed to be a public servant within the meaning o section o the Penal Code.

Police.

. () The Commissioner o Police o Rangoon and his subordinates shall co-operate withthe Chairman or carrying into eect and enorcing the provisions o this Act.

() It shall be the duty o every police ocer:

(a) to co

Rangoon Development Trust Act 1921

Documents

Transcript of Rangoon Development Trust Act 1921