An Ordinance to consolidate and amend the law relating to the municipal administration of the City of Chittagong. WHEREAS it is expedient to consolidate and amend the law relating to the municipal administration of the City of Chittagong; NOW, THEREFORE, in pursuance of the Proclamation of the 24th day of March, 1982, and in exercise of all powers enabling him in that behalf, the Chief Martial Law Administrator is pleased to make and promulgate the following Ordinance:-
This Ordinance may be called the Chittagong 1City Corporation Ordinance, 1982.
In this Ordinance, unless there is anything repugnant in the subject or context,-
(1) “annual letting value” means the annual rent at which a building or land exclusive of furniture or machinery contained or situated therein or thereon may reasonably be expected to be let from year to year, and shall include all payments made or agreed to be made by a tenant to the owner of the building or land on account of occupation, taxes, insurance or other charges incidental to the occupancy;
(2) “budget” means an official statement of the income and expenditure of the Corporation for a financial year;
(3) “building” includes any shop, house, hut, outhouse, shed, stable or enclosure built of any material and used for any purpose, and also includes a wall, well, verandah, platform, plinth and steps;
(4) “building line” means a line beyond which the outer face or any part of an external wall of a building may not project in the direction of any street, existing or proposed;
(5) “by laws” means by laws made under this Ordinance;
(6) “casual vacancy” means a vacancy occurring otherwise than by efflux of time;
(7) “Chief Executive Officer” means the Chief Executive Officer of the Corporation;
(8) “City of Chittagong” or “City” means the area described in the First Schedule;
(9) “Commissioner” means a Commissioner of the Corporation;
(10) “conservancy” means the removal and disposal of refuse;
(11) “Corporation” means the Chittagong 2City Corporation constituted under this Ordinance;
(12) “Corporation Fund” means the fund of the Corporation;
(13) “dairy” includes any farm, cattle shed, cow house, milk store, milk shop, or other place from where milk or milk products are supplied for sale;
3 *(15) “drain” includes a sewer, a house drain, a drain of any other description, a tunnel, a culvert, a ditch, a channel and any other device for carrying of sullage or rain water;
(16) “drug” means any substance used as medicine or in the composition or preparation of medicine, whether for internal or external use;
(17) “dwelling house” means any building used or adopted to be used wholly or principally for human habitation;
(18) “Election Commission” means the Election Commission for Bangladesh;
(19) “erect or re erect a building” means the construction of a new building and includes such material alterations of a building as may be prescribed;
(20) “factory” has the meaning assigned to it under the Factories Act, 1965 (E.P. Act IV of 1965);
(21) “food” includes every article used for food or drink by human beings, other than drugs or water, and any article which ordinarily enters into or is used in the composition or preparation of human food; and also includes confectionery, flavouring and colouring matters and spices and condiments;
(22) “function” includes powers and duties;
(23) “improvement trust” means any body or authority, including a development authority entrusted with the functions of town improvement;
(24) “infectious disease” means any disease which may be transmitted from one person to another and declared as such by the Government by notification in the official Gazette;
(25) “land” includes land which is being built upon, or is built up or is covered with water;
4(26) “market” means a place where persons assemble for the sale and purchase of any commodity;(27) “Mayor” means the Mayor of the Corporation;
(28) “nuisance” includes any act, omission, place or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense or sight, smell or hearing or which is or may be dangerous to life or injurious to health or property;
(29) “occupier” includes an owner in actual occupation of his own land or building and also any person for the time being paying or liable to pay to the owner the rent or any portion of the rent of the land or building in respect of which the word is used;
(30) “owner” includes the person for the time being receiving the rent of land and building, or either of them whether on his own account or as agent or trustee for any person or society or for any religious or charitable purpose or who would so receive the same if land or building were let to a tenant;
(31) “prescribed” means prescribed by rules made under this Ordinance;
(32) “public place” means any building, premises or place to which the public have access;
(33) “public street” means a street maintained by the Government;
(34) “refuse” includes rubbish, offal, night soil, carcasses of animals, deposits of sewerage, waste and any other offensive matter;
(35) “regulations” means regulations made under this Ordinance;
(36) “rent” means whatever is lawfully payable in money or kind by a tenant or lessee on account of the occupation of any building or land;
(37) “rate” means a levy specified in item numbers 13, 14, 15 and 16 of the Second Schedule;
(38) “rules” means rules made under this Ordinance;
(39) “street line” means a line dividing the land comprised in, and forming part of, a street from the adjoining land;
(40) “sullage” includes sewerage, polluted water, rain water, and any other offensive matter carried by a drain;
(41) “tax” includes any toll, cess, fee, or other impost leviable under this Ordinance;
(42) “vehicle” means a wheeled conveyance capable of being used on a street;
(43) “water work” includes a lake, stream, spring, well, pump, reservoir, cistern, tank, duct, sluice, pipe, culvert, engine and other appliances and anything for supplying or used for supplying water; and
(44) “ward” means a ward delimited for the purpose of election of a Commissioner.
(1) As soon as may be after the commencement of this Ordinance, there shall be constituted, in accordance with the provisions of this Ordinance, for the City of Chittagong a Corporation to be called the Chittagong 5City Corporation.
(2) The Corporation shall be a body corporate, having perpetual succession and a common seal, with powers, subject to the provisions of this Ordinance and the rules, to acquire, hold and dispose of property, both movable and immovable, and shall by the said name sue and be sued.
(2) The Mayor and the Commissioners shall be elected by direct election on the basis of adult franchise in accordance with the provisions of this Ordinance and the rules.
(3) There shall be reserved, exclusively for women, such number of seats, hereinafter referred to as reserved seats, as is equivalent to one third of the number of Commissioners fixed by the Government under clause (b) of sub section (1).
Explanation.- In calculating the number of reserved seats under this sub section, if the number comprises a fraction of less than point five zero such fraction shall be ignored, and if the number comprises a fraction of point five zero or above such fraction shall be rounded off as a whole number.
[Mayor.- Omitted by section 4 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993).]
[Mayor and Deputy Mayor.- Omitted by section 5 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993).]
Provided that, notwithstanding the expiration of its term, the Corporation shall continue to function until the first meeting of the Corporation Constituted to succeed it.
(2) Notwithstanding anything contained in this Ordinance, the Corporation shall be deemed to have been duly constituted after the election of seventy five per cent of the total number of its 10Commissioners 11 * has taken place.
Explanation. For calculating the seventy five per cent of the total number of 12 * Commissioners, less than point five zero per cent shall be ignored and point five zero and above per cent shall be rounded off into a whole number.
“I, ÔǪÔǪÔǪÔǪÔǪÔǪÔǪÔǪÔǪÔǪÔǪÔǪÔǪÔǪ.. having been elected Mayor/Commissioner of the Chittagong Corporation do solemnly swear/affirm that I will bear true faith and allegiance to Bangladesh and that I will faithfully discharge the duties upon which I am about to enter.”.
[Oath of Mayor.- Omitted by section 8 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993).]
Explanation. In this section, “member of his family” in relation to a person, includes-
(2) A Commissioner may resign his seat by writing under his hand addressed to the Mayor.
(3) A resignation under sub section (1) or sub section (2) shall become effective on the date on which the notice of resignation is received by the addressee.
Explanation. In this sub section, “misconduct” means misuse of power, corruption, jobbery, favouritism, nepotism and wilful maladministration and includes any attempt at, or abetment of, such misconduct.
(2) The Mayor or a Commissioner shall not be removed from his office or seat, as the case may be, on any ground mentioned in sub section (1), unless, after such inquiry as may be considered necessary, the Government declares, by an order in writing, that he is liable to be so removed:
Provided that no such declaration shall be made unless the Mayor or Commissioner concerned has been given a reasonable opportunity of showing cause against the declaration proposed to be made with respect to him.
(3) The Mayor or the Commissioner shall stand removed from his office or seat, as the case may be, as soon as a declaration under sub section (2) is made and approved by the President.
(4) Notwithstanding anything contained in any other provisions of this Ordinance, a person who has been removed from his office or seat, as the case may be, under this section shall not, during the unexpired period of the term of the Corporation, be eligible for election to such office or seat.
(1) A person shall, subject to the provisions of sub section (2), be qualified to be elected 20as Mayor or a Commissioner if-
(2) A person shall be disqualified for being elected 21as Mayor or a Commissioner if -
Explanation. For the purposes of clause (g), “specified bank” means the Sonali Bank, the Agrani Bank and the Janata Bank constituted under the Bangladesh Banks (Nationalisation) Order, 1972(P.O. No. 26 of 1972), the Shilpa Rin Sangstha established under the Shilpa Rin Sangstha Order, 1972 (P.O. No. 128 of 1972), the Bangladesh Shilpa Bank established under the Bangladesh Shilpa Bank Order, 1972(P.O. No. 129 of 1972), the House Building Finance Corporation established under the House Building Finance Corporation Order, 1973 (P.O. No. 7 of 1973), the Krishi Bank established under the Krishi Bank Order, 1973 (P.O. No. 27 of 1973), the Investment Corporation of Bangladesh established under the Investment Corporation of Bangladesh Ordinance, 1976 (XL of 1976), the Rajshahi Krishi Unnayan Bank established under the Rajshahi Krishi Unnayan Bank Ordinance, 1986 (LVIII of 1986), and the Rupali Bank Limited 23;
24(h) he or she is a defaulter in paying any of the tax, rate, cess, toll or fee levied under this Ordinance;(2B) If a person offers himself, at the same time, to be a candidate for election to the office of Mayor or, seat of Commissioner, all his nomination papers shall stand void.
(3) No person shall, at the same time, be a Commissioner in respect of two or more wards:
Provided that nothing in this sub section shall prevent a person from being at the same time a candidate for two or more wards, but in the event of his being elected for more than one ward-
(1) The 28office of Mayor and seat of a Commissioner shall become vacant if
his name in the official Gazette, unless the Government, for good cause shown, extends the period;
(3) If any question arises as to whether 30the Mayor or a Commissioner has, after his election, become subject to any of the disqualifications mentioned in section 11(2), the Chief Executive Officer shall refer the question to the District Judge of Chittagong and, if the District Judge is of the opinion that 31the Mayor or the Commissioner has become subject to any such disqualification, 32the Mayor or the Commissioner shall cease to be 33the Mayor or a Commissioner, and his seat shall become vacant, with effect from the date on which the opinion is given.
34(4) Vacation of office of the Mayor or the vacation of seat of a Commissioner shall be notified in the official Gazette.(1) Where the seat of a Commissioner becomes vacant not later than one hundred and eighty days before the 35term of Corporation is due to expire, an election to fill the seat shall be held within ninety days of the occurrence of the Vacancy, and the person elected in such election shall hold office for the residue of such term.
(2) Where the office of 36 37 Mayor becomes vacant before the term of his office is due to expire, an election to fill the office shall be held within 38ninety days of the occurrence of such vacancy, and the person elected in such election shall hold office for the residue of such term.
A Commissioner shall be entitled to receive a daily allowance for attending any meeting of the Corporation or of any Standing Committee or other Committee thereof at such rate as may be fixed by the Corporation with the approval of the Government.
The 41 * 42Mayor may be given such honorarium and other privileges as may be determined by the Corporation with the approval of the Government.
(1) The Mayor shall have full access to the records of the Corporation and may obtain report from the Chief Executive Officer on any matter connected with municipal administration of the City.
(2) A Commissioner shall have access during office hours to the records of the Corporation after giving due notice in writing to the Chief Executive Officer:
Provided that if the Chief Executive Officer is of the opinion that such access should not be allowed in any case, he may submit the matter to the Mayor whose decision thereon shall be final.
(2) When the office of Mayor becomes vacant caused by resignation, removal or death, such Commissioner as may be directed by Government shall perform the functions of the Mayor till a new Mayor is elected and assumes his duties.
(1) The Election Commission may, by notification in the official Gazette, appoint from amongst persons in the service of the Republic a delimitation officer and as many assistant delimitation officers as it may deem necessary for the delimitation of wards.
(2) An assistant delimitation officer shall assist the delimitation officer in the performance of his functions and may perform, under the control of the delimitation officer, the functions of the delimitation officer.
(1) The wards shall be delimited having regard to territorial unity and, so far as practicable, to distribution of population.
(2) The delimitation officer may, for the purpose of delimiting the wards, make such enquiries and examine such records as he may deem necessary and consider such representations as may be received by him, and shall publish in the prescribed manner a preliminary list of wards specifying the areas proposed to be included in each such ward together with a notice inviting objections or suggestions within a prescribed period.
(3) The objection or suggestion, if any, received under sub section (2) shall be disposed of in such manner as may be prescribed.
(4) The delimitation officer shall make such amendments, alterations or modifications in the preliminary list published under sub section (2) as may be required by any decision on any objection or suggestion and may also make such other amendments, alterations or modifications in the said list as may be necessary for correcting any error or omission.
(5) After making amendments, alterations or modifications, if any, under sub-section (4), the delimitation officer shall publish in the prescribed manner the final list of wards, specifying the areas included in each such ward.
(2) A person shall be entitled to be enrolled on the electoral roll for a ward if he-
Provided that the persons, elected at a general election under clause (b) or (c) shall not enter upon the office as Mayor or Commissioner of the Corporation except after the expiration of the term of the Corporation or the period of supersession of the Corporation, as the case may be.
All 51elections of Mayor and Commissioners 52 * shall be organised, held and conducted by the Election Commission in accordance with the rules, and such rules may provide for all or any of the following matters, namely:-
The names of all persons elected as 54Mayor and Commissioners 55 * shall, as soon as may be, after such election, be published by the Election Commission in the official Gazette.
Subject to rules and such directions as the Government may from time to time give, and within the limits of the fund at its disposal, the Corporation shall undertake such of the functions given in detail in Part IV as are required to be undertaken by the Corporation, and may undertake-
Notwithstanding anything in this Ordinance, or in any other law, for the time being in force, the Government may, from time to time direct that, subject to such terms and conditions as may be specified in the direction,-
shall be transferred to the management and control of the Government; and
(1) For the purpose of better administration and proper conduct of business of the Corporation, the Government may, by order in writing, divide the City into such number of Zones as it may deem fit.
(2) There shall be a Zonal office for every Zone and it shall perform such function as may be assigned to it by the Corporation.
(3) Every Zonal office shall perform its functions under the supervision and control of the Mayor and in accordance with the rules.]
(2) Save as otherwise provided in this Ordinance and the rules, the executive powers of the Corporation shall vest in and be exercised by the Mayor, either directly or through the Chief Executive Officer or through other officers authorised by him, in accordance with this Ordinance and the rules.
(3) All acts of the Corporation, whether executive or not, shall be expressed to be taken in the name of the Corporation and shall be authenticated in the manner prescribed.
(1) The Corporation shall meet at least once in each month for the transaction of business.
(2) The Mayor or, in his absence, 58the Commissioner authorised by the Mayor under section 17 may, whenever he thinks fit, and shall, upon a requisition made in writing by not less than 59two thirds of the total number of Commissioners, call a meeting of the Corporation.
(3) No business of the Corporation shall be transacted at any meeting unless a quorum of 60one third of the total number of Commissioners is present throughout the meeting.
(4) All matters required to be decided by the Corporation shall, save as otherwise provided in this Ordinance, be decided by the Majority of the votes of the Commissioners present and voting.
(5) Each Commissioner shall have one vote, but in the event of an equality of votes, the person presiding shall have a second or casting vote.
(6) All meetings of the Corporation shall be presided over by the Mayor or, in his absence, 61by the Commissioner authorised by the Mayor under section 17 or, in the absence of both, by a Commissioner chosen for that purpose by the Commissioners present.
62(7) Such officials as may be specified by the Government shall be invited by the Corporation to attend the meetings of the Corporation and to participate in the deliberation thereof, but they shall not have any right to vote.(1) The Corporation shall, at its first meeting, in each year, or as soon as may be at any meeting subsequent thereto,
constitute Standing Committees for dealing respectively with-
(2) The Corporation may, with the previous approval of the Government, constitute additional Standing Committees for such purpose as the Corporation thinks fit.
(3) A Standing Committee shall consist of not more than six members who shall be elected by the Commissioners from amongst themselves, but no Commissioner shall, at the same time, be a member of more than two Standing Committees:
Provided that the Mayor 63 * shall be ex officio members of all the Standing Committees.
(4) A Standing Committee shall elect one of its members to be its Chairman and another member to be its Vice Chairman.
(5) An elected Chairman or Vice Chairman or members of a Standing Committee may resign his office by writing under his hand addressed to the Mayor and such resignation shall become effective on the date on which the notice is received by the Mayor.
(6) A casual vacancy in the office of an elected Chairman or Vice Chairman or member of a Standing Committee shall be filled by election of a new Chairman or Vice Chairman or member and such Chairman or Vice Chairman or member shall hold office for the residue of the term of his predecessor.
(7) A Standing Committee shall continue to function until the first meeting of the Standing Committee constituted to succeed it.
(1) The Corporation shall, by regulations, determine the functions of each Standing Committee.
(2) All proceedings of a Standing Committee shall be subject to confirmation by the Corporation.
The Corporation may constitute such other committee or committees consisting of such number of members chosen from amongst the Commissioners for such purpose as it thinks fit.
(1) The Corporation or any Standing Committee or other committee thereof may associate with itself any person whose assistance or advice it may desire for carrying out any of its functions.
(2) Any person associated with the Corporation or any Standing Committee or other committee for any purpose under sub section (1) shall have a right to take part in the discussion of the Corporation or of the Standing Committee or other committee, as the case may be, but shall not have a right to vote.
(1) Every meeting of the Corporation shall be open to the public unless a majority of the Commissioners present at the meeting decide that any inquiry or deliberation pending before the Corporation shall be held in private.
(2) The Corporation may make regulations for regulating the admission of the members of the public to its meetings and for the removal by force, if necessary, of any member of the public admitted to a meeting for interrupting or disturbing the proceedings of the meeting.
No Commissioner shall vote at a meeting of the Corporation or of any Standing Committee or other committee thereof on any question relating to his own conduct or vote or take part in any discussion on any matter which affects his pecuniary interest or any property in respect of which he is a manager or agent.
Subject to this Ordinance, the Corporation may make regulations for the procedure and the conduct of business at its meetings and at meetings of the Standing Committees and other committees thereof.
(1) The minutes of the proceedings of every meeting of the Corporation or of every Standing Committee or other committee thereof shall state, among other things, the names of the Commissioners or members present and shall be drawn up and recorded in a book to be kept for the purpose, and shall be signed by the person presiding at the meeting and shall be laid before the next ensuing meeting of the Corporation or of the Standing Committee or other committee, as the case may be.
(2) The minutes referred to in sub section (1) shall, at all reasonable times, be kept open at the Corporation's office for inspection by any Commissioner without charge and by any other person on payment of a fee of Taka one.
(3) The Chief Executive Officer shall forward to the Government a copy of the minutes of the proceedings of each meeting of the Corporation within ten days from the date on which such minutes are signed.
(1) No act done or proceeding taken under this Ordinance shall be questioned on the ground merely of-
(2) Every meeting of the Corporation or of any Standing Committee or other Committee thereof the minutes of the proceedings of which have been duly drawn up and signed shall be deemed to have been duly convened and to be free from all defects and irregularities.
(1) All contracts made by or on behalf of the Corporation shall be-
(2) The Corporation may, by resolution, lay down the procedure that shall regulate the making of various contracts, and in the execution of contracts, the Chief Executive Officer shall act in accordance with such resolution.
(3) No contract executed otherwise than in conformity with the provisions of this section shall be binding on the Corporation.
The Government may, by rules, provide for-
The Corporation shall-
(1) There shall be a Chief Executive Officer of the Corporation who shall be appointed by the Government on such terms and conditions as may be determined by it.
(2) The Chief Executive Officer shall hold office for a period of three years which may be extended by the Government for a further period or periods not exceeding one year at a time.
(3) Notwithstanding anything contained in sub section (2), the Government may, at any time, terminate the appointment of the Chief Executive Officer, and shall do so if, at a special meeting of the Corporation called for the purpose, a resolution for such termination has been passed by the votes of not less than three fifths of the total number of Commissioners:
Provided that if the Chief Executive Officer is a person in the service of the Republic, no such special meeting shall be called, and no such resolution shall be moved, except after giving one month's notice to the Government.
(4) If the Chief Executive Officer is unable to perform the functions of his office on account of absence, illness or any other cause, the Government may appoint another person to officiate as Chief Executive Officer in his place.
(2) In exercising his powers, the Chief Executive Officer shall be responsible to the Mayor.
On the occurrence or threatened occurrence of any accident or any unforeseen event or natural calamity involving, or which is likely to involve, extensive damage to any property
of the Corporation or danger to human life, the Chief Executive Officer shall take such immediate action as he considers necessary and make report forthwith to the Corporation or the Standing Committee concerned of the action taken by him and the reason therefore and also of the cost, if any, incurred or likely to be incurred in consequence of such action.
The Chief Executive Officer shall be responsible for the custody of all records, including in particular all papers and documents connected with the proceedings of the Corporation, Standing Committees and other committees.
The Chief Executive Officer shall have the same right of being present at any meeting of the Corporation or of any Standing Committee or other committee thereof and of taking part in the discussions thereat as if he were a Commissioner or a member of such committee, and may, at any time, with the consent of the person presiding at the meeting make a statement or explanation of facts, but he shall not vote upon, or move¬ any motion at such meeting
(1) The Chief Executive Officer shall from time to time prepare and lay before the Corporation a Schedule setting forth the posts which should, in his opinion, constitute the Corporation establishment.
(2) The Corporation shall, with the previous approval of the Government, sanction such schedule, with or without modifications, and may, with such approval from time to time amend it either of its own motion after ascertaining the opinion of the Chief Executive Officer or at the instance of the Chief Executive Officer.
No person shall be appointed to any post in the Corporation unless the post is included in the Schedule for the time being in force prepared and sanctioned under section 47.
Subject to this Ordinance, appointments to the Corporation establishment shall be made,-
The Corporation may, in the prescribed manner,-
(1) An officer or other employee of the Corporation may be censured, fined, reduced in rank, compulsorily retired, suspended, removed or dismissed, or his increment or promotion may be withheld, for any breach of any departmental regulation or discipline or for any carelessness or negligence of duty or for corruption or other misconduct by such authority and in such manner as may be prescribed:
Provided that no such officer or other employee shall be removed or dismissed or reduced in rank by an authority subordinate to that by which he was appointed.
(2) No such officer or other employee shall be removed or dismissed or reduced in rank unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him:
Provided that this sub section shall not apply-
(3) Any officer or other employee upon whom a punishment has been inflicted under this section may appeal to such authority as may be specified by rules.
All officers and other employees of the Corporation shall be subordinate to the Chief Executive Officer who shall specify the duties of, and exercise supervision and control over, such officers and other employees.
Subject to the provisions of this Ordinance, the Government may by rules-
(1) There shall be formed a fund for the Corporation which shall be known as the Corporation Fund.
(2) To the credit of the Corporation Fund formed under sub-section (1) shall be placed-
(1) The moneys credited to the Corporation Fund shall be kept in a Bank transacting the business of a Government Treasury or in such other manner as may be specified by the Government from time to time.
(2) The Corporation may invest any portion of the Corporation Fund in such manner as may be prescribed.
(3) The Corporation may, and if required by the Government, shall, establish and maintain a separate fund for any special purpose, which shall be administered and regulated in such manner as may be prescribed.
The moneys credited from time to time to the Corporation Fund shall be applied in the following order of preference:-
firstly, in the payment of salaries and allowances to the Chief Executive Officer and other officers and employees of the Corporation;
secondly, in the repayment of loans;
thirdly, in meeting the expenditure charged on the Corporation Fund under this Ordinance;
fourthly, in the fulfilment of any obligation and in the discharge of any duty imposed on the Corporation under this Ordinance or under any other law for the time being in force;
fifthly, in meeting the expenditure declared by the Corporation, with the previous sanction of the Government, to be an appropriate charge on the Corporation Fund; and
sixthly, in meeting the expenditure declared by the Government to be an appropriate charge on the Corporation Fund.
(1) The following expenditure shall be charged on the Corporation Fund, namely:-
officers and employees of the Corporation and any Government servant who is or has been in the service of the Corporation;
(2) If any expenditure charged on the Corporation Fund is not paid, the Government may, by order, direct the person or persons having the custody of the Corporation Fund to pay such amount or so much thereof as may from time to time be possible, from the balance of the Corporation Fund.
No payment of any sum out of the Corporation Fund shall be made unless the expenditure of the same is covered by a current budget grant and a sufficient balance of such budget-grant is still available:
Provided that this section shall not apply to payments made under section 57.
(1) On a written requisition from the Government, the Chief Executive Officer may at any time undertake the execution of any work which may be urgently required in the interest of public service, and for this purpose may temporarily make payments from the Corporation Fund so far as the sum can be met without unduly interfering with the regular working of the Corporation administration.
(2) The cost of all works so executed and all the establishments engaged in executing the same shall be paid by the Government and credited to the Corporation Fund.
(3) On receipt of any requisition under sub section (1), the Chief Executive Officer shall forthwith forward a copy thereof to the Corporation together with a report of the steps taken by him in pursuance of the same.
(1) The Corporation shall, in the prescribed manner, prepare and sanction, before the first day of June each year, a statement of its estimated receipts and expenditure for the next ensuing financial year hereinafter referred to as the budget, and forward a copy thereof to the Government.
(2) If the budget is not prepared or sanctioned by the Corporation before the first day of June as mentioned in sub section (1), the Government may have the necessary statement prepared and certify it, and such certified statement shall be deemed to be the sanctioned budget of the Corporation.
(3) Within thirty days of the receipt of the copy of a budget under sub section (1), the Government may, by order, modify it, and the budget so modified shall be deemed to be the sanctioned budget of the Corporation.
(4) At any time before the expiry of the financial year to which a budget relates, a revised budget for the year may, if necessary, be prepared and sanctioned, and such revised budget shall, so far as may be, be subject to the provisions of this section.
(5) Where the Corporation assumes office under this Ordinance for the first time, its budget for the financial year during which it assumes office shall relate to the remaining period of that year, and the other provisions of this section shall mutatis mutandis apply.
(1) Accounts of the receipts and expenditure of the Corporation shall be kept in the prescribed manner and form.
(2) An annual statement of the accounts shall be prepared after the close of every financial year, and shall be forwarded to the Government by the thirty-first December of the following financial year.
(3) A copy of the annual statement of accounts shall be placed at a conspicuous place in the office of the Corporation for public inspection, and all objections or suggestions concerning such accounts received from the public shall be considered by the Corporation and brought to the notice of the audit authority referred to in section 62.
(1) The accounts of the Corporation shall be audited every year by the Comptroller and Auditor General of Bangladesh (hereinafter in this section referred to as the Auditor General) in such manner as he deems fit.
(2) For the purpose of an audit under sub section (1), the Auditor-General or any person authorised by him in that behalf shall have access to all records, books, vouchers, documents, cash, stamps, securities, stores and other property of the Corporation and may examine the Mayor, 70 * any Commissioner, the Chief Executive Officer or any other officer or employee of the Corporation.
(3) On the completion of the audit, the Auditor General shall submit to the Government an audit report, which shall, among other things, mention-
(4) The Auditor General shall send to the Corporation a copy of the audit report submitted by him to the Government under sub section (3).
(5) The Corporation shall forthwith remedy any defects or irregularities that may be pointed out by the Auditor General and shall report to the Government the action taken by it.
(6) The Corporation shall publish the audit report with its replies to each item thereof within three months of the receipt by it of the copy thereof and shall make the same available for sale to the public.
(1) Subject to the provisions of this Ordinance, the rules, the Local Authorities Loans Act, 1914 (IX of 1914), and any other law for the time being in force, the Corporation may, with the previous sanction of the Government, raise loans in the prescribed manner, and make suitable arrangements, to the satisfaction of the Government, for the repayment of the loans in such instalments as may be fixed.
(2) The Corporation may, and if required by the Government, shall, establish and maintain such separate funds as may be necessary for the repayment of loans, and the Government may, among other things, require that any specified item of income of the Corporation shall wholly or in part be earmarked for and apply in the repayment of loans.
(1) The Government may by rules-
(2) The Corporation may-
The Mayor, 71 every Commissioner, the Chief Executive Officer and every other officer or employee of the Corporation and every person charged with the administration of the affairs of the Corporation or acting on behalf of the Corporation, shall be liable for the loss, waste or misapplication of any money or property belonging to the Corporation, which is a direct consequence of his negligence or misconduct, and the liability of the Mayor, 72 the Commissioner, the Chief Executive Officer or other officer or employee or person shall be determined by the Government in the prescribed manner, and the amount for which he is held liable shall be recoverable as a public demand.
The Corporation, with the previous sanction of the Government, may levy, in the prescribed manner, all or any of the taxes, rates, cesses, tolls and fees mentioned in the Second Schedule.
(1) All taxes, rates, cesses, tolls and fees levied by the Corporation shall be notified in the official Gazette, and, unless otherwise directed by the Government, shall be subject to previous publication.
(2) Where a proposal for the levy of a tax, rate, cess, toll or fee or for a modification of tax, rate, cess, toll or fee which is in force, is sanctioned, the sanctioning authority shall specify the date for the enforcement thereof, and such tax, rate, cess, toll or fee or the modification shall come into force on such date.
The Government may frame model tax schedules and where such schedules, have been framed, the Corporation shall be guided by them in levying a tax, rate, cess, toll or fee.
(1) The Government may direct the Corporation
(2) If a direction issued under sub section (1) is not complied with, within the specified time, if any, the Government may make an order giving effect to the direction.
(1) The Corporation may, by notice, call upon any person to furnish such information, produce such record or accounts, or to present such goods or animals liable to any tax, rate, cess, toll or fee, as may be necessary for the purpose of determining the liability of such person, goods or animals to a tax, rate, cess, toll or fee, or the assessment thereof.
(2) Any official of the Corporation authorised in this behalf may, after due notice, enter upon any building or premises for the purposes of assessing the liability of such building or premises to any tax, or inspecting any goods or animal therein liable to any tax.
(3) Any official of the Corporation authorised in this behalf may, in the prescribed manner, seize and dispose of any goods on which any octroi, terminal tax or toll is due and is not paid.
(1) All taxes, rates, cesses, tolls and fees levied under this Ordinance shall be collected in the prescribed manner.
(2) All arrears of taxes, rates, cesses, tolls and fees, and other moneys claimable by the Corporation under this Ordinance shall be recoverable as a public demand.
(3) Notwithstanding the provisions of sub section (2), the Government may empower the Corporation to recover arrears of taxes, rates, cesses, tolls, fees and other moneys claimable by the Corporation under this Ordinance by distress and sale of movable property belonging to the person concerned, or by attachment and sale of the immovable property belonging to him.
(4) The Government may by rules specify the officials or classes of officials by whom the power under sub section (3) shall be exercised, and prescribe the manner in which it shall be exercised.
No assessment of a tax, rate, cess, toll or fee under this Ordinance, or valuation therefore, or the liability of a person to be so taxed, shall be called in question except by a petition presented to such authority, in such manner and within such period as may be prescribed.
If the Corporation levies a tax on professions, trades or callings, it may require the employer of the person liable to such tax to deduct the tax from the salary or wages payable to such person, and on such requisition, the amount of the tax due shall be deducted from the salary or wages of the person concerned and credited to the Corporation Fund, provided that the amount so deducted shall in no case exceed twenty five per cent of the salary or wages.
(1) All taxes, rates, cesses, tolls, fees and other charges levied by the Corporation shall be imposed, assessed, leased, compounded, administered and regulated in such manner as may be prescribed.
(2) Rules framed under this section may, among other matters, provide for the obligations of the tax payers and the duties and powers of the officials and other agencies responsible for the assessment and collection of taxes.
The Corporation shall be responsible for the sanitation of the City, and for this purpose, it may cause such measures to be taken as are required by or under this Ordinance.
(1) The Corporation may by notice require the owner or occupier of any building or land which is in insanitary or unwholesome state-
(2) If any requirement of a notice issued under sub section (1) is not complied with, within such period as may be specified in the notice, the Corporation may cause the necessary steps to be taken at the expense of the owner or occupier, and the cost so incurred by the Corporation shall be deemed to be a tax levied on the owner or occupier under this Ordinance.
(1) The Corporation shall make adequate arrangements for the removal of refuse from all public streets, public latrines, urinals, drains, and all buildings and land vested in the Corporation, and for the collection and proper disposal of such refuse.
(2) The occupiers of all other buildings and lands within the Corporation shall be responsible for the removal of refuse from such buildings and lands subject to the general control and supervision of the Corporation.
(3) The Corporation may cause public dustbins or other suitable receptacles to be provided at suitable places and where such dustbins or receptacles are provided, the Corporation may, by public notice, require that all refuse accumulating in any premises or land shall be deposited by the owner or occupier of such premises or land in such dustbins or receptacles.
(4) All refuse removed and collected by the staff of the Corporation or under their control and supervision and all refuse deposited in the dustbins and other receptacles provided by the Corporation shall be the property of the Corporation.
(1) The Corporation may, and if so required by the Government, shall, provide and maintain, in sufficient number and in proper situation, public latrines and urinals for the separate use of each sex, and shall cause the same to be kept in proper order, and to be properly cleaned.
(2) The occupier of any premises to which any latrine or urinal pertains shall keep such latrine or urinal in a proper state to the satisfaction of the Corporation and shall employ such staff for the purpose as may be necessary, or as may be specified by the Corporation.
(3) Where any premises are without privy or urinal accommodation, or without adequate privy or urinal accommodation, or the privy or urinal is on any ground objectionable, the Corporation may, by notice require the owner of such premises-
(1) The Corporation shall register all births, deaths and marriages within the limits of the City and information of such births, deaths and marriages shall be given by such persons or authorities, and shall be registered in such manner, as the by laws may provide.
(2) The by laws made under sub section (1) may exempt any class or classes of marriages information in respect of which is not deemed necessary for registration under this section.
(1) The Corporation shall adopt such measures to prevent infectious diseases and to restrain infection within the City as the rules and by-laws may provide.
(2) The Corporation may, and if so required by the Government, shall, establish and maintain one or more hospitals for the reception and treatment of persons suffering from infectious diseases.
(3) The Corporation may, in the prescribed manner, frame and implement schemes for the prevention and control of infectious diseases.
The Corporation may, and if so required by the Government, shall-
Subject to the provisions of this Ordinance and the rules, the Corporation may, and if the Government so directs, shall, take such measures for promoting public health, including education in health, as it considers necessary or, as the case may be, the Government directs.
(1) The Corporation may, and if so required by the Government, shall, establish and maintain such number of hospitals and dispensaries as may be necessary for the medical relief of the inhabitants of the City, and the people visiting it.
(2) Every hospital and dispensary maintained by the Corporation shall be managed and administered in such manner as may be prescribed.
(3) Subject to any directions that may be given in this behalf by the Government, every hospital and dispensary maintained by the Corporation shall be provided with such drugs, medicines, instruments, appliances, equipments, apparatus and furniture in accordance with such scale and standards as may be prescribed.
The Corporation may, and if so required by the Government, shall, take such measures as may be necessary or as may be specified by the Government for-
(1) Subject to any law for the time being in force, the Corporation may provide, or cause to be provided to the City a supply of wholesome water sufficient for public and private purposes.
(2) The Corporation may, and if so required by the Government, shall, in the prescribed manner, frame and execute a water supply scheme for the construction and maintenance of such works for the provision, storage and distribution of water as may be necessary.
(3) Where a piped water supply is provided, the Corporation may supply water to private and public premises in such manner and on payment of such charges as the by-laws may provide.
(1) All private sources of water supply within the City shall be subject to control, regulation and inspection by the Corporation.
(2) No new well, water pump or any other source of water for drinking purposes shall be dug, constructed or provided except with the sanction of the Corporation.
(3) The Corporation may, by notice require the owner or any person having the control of any private source of water supply used for drinking purposes-
(1) Subject to any law for the time being in force, the Corporation shall provide an adequate system of public drains in the City area and all such drains shall be constructed, maintained, kept, cleared and emptied with due regard to the health and convenience of the public.
(2) Every owner or occupier of any land or building within the City may, with the previous permission of the Corporation, and subject to such terms and conditions, including the payment of fees, as the Corporation may impose, cause his drains to be emptied into public drains.
(3) All private drains shall be subject to control, regulation and inspection by the Corporation, and the Corporation may, in such manner as the by laws may provide, require the provision, alteration, covering, clearing and closing of private drains.
(1) The Corporation may, and if so required by the Government, shall, prepare a Drainage Scheme in the prescribed manner for the construction of drains at public and private expense, and other works for the effective drainage and disposal of sullage.
(2) A Drainage Scheme prepared under sub section (1) shall be submitted for approval to the Government, which may approve it, reject it, or approve it subject to such modifications as it may deem fit.
(3) The Drainage Scheme as approved by the Government shall be executed and implemented in such manner, within such period and by such authority as may be specified by the Government.
(4) The Corporation may by notice require the owner of any building or land within the City-
(1) The Corporation may from time to time-
(2) No person shall establish, maintain or run a hamam or a bath for public use except under a licence granted by the Corporation, and in conformity with the conditions and terms of such licence.
(1) The Corporation may provide dhobi ghats for the exercise of their calling by washermen, and may by by laws regulate the use of dhobi ghats and levy fees for their use.
(2) The Corporation may by by laws provide for the licensing of washermen and the regulation of their calling.
(1) The Corporation may, with the previous sanction of the Government, declare any source of water, spring, river, tank, pond, or public stream, or any part thereof within the City, which is not private property, to be a public water course.
(2) The Corporation may in respect of any public water course provide such amenities, make such arrangements for life saving, execute such works, and subject to the provisions of any law for the time being in force relating to irrigation, drainage and navigation, regulate the use thereof, as the by-laws may provide.
(1) The Corporation may by by-laws provide for the licensing of boats and other vessels plying for hire in a public water-course and may prescribe the terms and conditions for the grant of licences and the fees to be charged therefore.
(2) The Government may declare any part of a public water course to be a public ferry and may entrust the management thereof to the Corporation, and thereupon the Corporation shall manage and operate the public ferry in such manner and levy such tolls as may be prescribed
The Corporation may with the previous sanction of the Government, declare any public water course as a public fishery, and thereupon the right of fishing in such water course shall vest in the Corporation which may exercise such right in such manner as may be prescribed.
The Corporation may by by laws-
(1) Except under a licence granted by the Corporation, and in conformity with the conditions of such licence, no person shall, within the City, keep milch cattle for the sale of milk, or sell milk, or expose or import milk for sale, or manufacture butter, ghee, or any other milk or Dairy product, nor shall any premises be used for any such purpose.
(2) The Corporation may, in the prescribed manner, and with the previous sanction of the Government, frame and enforce a Milk Supply Scheme, which may, among other matters, provide for the establishment of milkmen's colonies, the prohibition of the keeping of milch cattle in the City or any part thereof, and the adoption of such other measures as may be necessary for ensuring an adequate supply of pure milk to the public.
(2) The Corporation may, in respect of a public market, provide by by-laws-
(2) Notwithstanding the provisions of sub section (1), the owner of every private market within the Corporation maintained immediately before the coming into force of this Ordinance, shall, within three months, apply for a licence to the Corporation and until the licence is granted shall continue to maintain the same.
(3) The Corporation may levy such fees in respect of private markets as the by-laws may provide.
(4) If the Corporation is satisfied that in public interest any private market should be discontinued or taken over by the Corporation, it may direct that the market should be discontinued, or that, subject to the payment of such compensation as would have been payable if it had been acquired under the Acquisition and Requisition of Immovable Property Ordinance, 1982 (II of 1982), the market should be taken over by the Corporation.
(5) The Corporation may, by a notice, require the owner of any private market to construct such works, provide such conveniences and make such arrangements for the maintenance of the market, and within such period, as may be specified in the notice.
The Corporation shall provide and maintain at such site or sites within or without the limits of the City, as the Government may approve, one or more slaughter-houses for the slaughter of animals or of any specified description of animals for sale.
(1) The Corporation may, and if so required by the Government, shall, provide for the establishment and maintenance of veterinary hospitals and dispensaries, and by by-laws regulate their working and fix the fees to be charged for treatment in such hospitals and dispensaries.
(2) The Corporation may by by-laws define contagious disease among animals and provide for measures that shall be adopted for prevention of the spread of such diseases, including the compulsory inoculation of animals, and the subjection to such treatment as may be necessary of such animals as may be suspected to have been infected with carriers of any such diseases.
(1) The Corporation may by by-laws provide for the seizure, detention and impounding of animals found straying in any street, public place or cultivated land.
(2) The Corporation may, and if so required by the Government, shall, establish and maintain cattle pounds for impounding of cattle and charge such fines and fees for the impounding of cattle as the by-laws may provide.
(3) No animal shall be picketed or tethered in such streets or places as may be specified by the Corporation, and any animal found picketed or tethered in any such street or place shall be liable to seizure and impounding.
(1) The Corporation may, with previous approval of the Government, establish and maintain Animal Homes, where, subject to such terms and conditions and on the payment of such fees and other charges, as the by-laws may provide, the animals of private persons may be kept.
(2) The Corporation may, with the previous approval of the Government, establish and maintain cattle farms and poultry farms, and such farms shall be managed and administered in such manner as the by-laws may provide.
(1) The Corporation may by by-laws require that every sale of such of the animals as may be specified shall be registered with the Corporation in such manner, and subject to the payment of such fees, as the by-laws may provide.
(1) The Corporation may, with the previous approval of the Government, frame and execute a Livestock Scheme, which may, among other matters, provide that no person shall keep such animals above such age as may be specified, unless they are castrated or are certified by competent authority to be fit for breeding.
The Corporation may by by-laws define the animals which shall be deemed to be dangerous animals and the circumstances under which animals not otherwise dangerous shall be deemed to be dangerous, and such by-laws may, among other matters, provide for the detention, destruction or disposal otherwise of such animals.
(1) The Corporation may hold cattle shows and fairs within the limits of the City and charge such fees from the people attending such shows or fairs as the by-laws may provide.
(2) The Corporation may, with the previous approval of the Government, maintain or contribute towards the maintenance of zoological gardens.
Whenever an animal in the charge of a person dies, otherwise than by being slaughtered for sale or consumption, or for some other religious purpose, such persons shall either-
Explanation.- In this section “animal” shall be deemed to mean all horned cattle, elephants, camels, horses, ponies, asses, mules, deer, sheep, goats, swine, dogs, cats and other large animals.
The Corporation may, and if so required by the Government, shall, draw up a Master Plan for the City which shall, among other matters, provide for -
(1) Where a Master Plan has been drawn up under section 106 and such Master Plan has been approved, with or without any modifications by the Government, no owner of lands exceeding such area as may be specified in this behalf in the Master Plan as so approved, shall develop the site or erect or re-erect a building or any plot of land covered by the Master Plan, except in conformity with the provisions of a Site Development Scheme sanctioned for the area in the prescribed manner.
(2) Among other matters, a Site Development Scheme may provide for-
(1) The execution of a Site Development Scheme shall be subject to the inspection and control of the Corporation, and the Corporation may give such directions with regard to the execution of the Scheme as may be necessary for the proper development of site.
(2) If any area is developed or otherwise dealt with in contravention of the provisions of the sanctioned Site Development Scheme, the Corporation may by notice require the owner of such area or the person who has contravened the provisions to make such alteration in the site as may be specified in the notice and where such alteration is not made or for any reason cannot be carried out, the Corporation may, in the prescribed manner, require and enforce the demolition of the offending structure, and notwithstanding anything to the contrary contained in any law, no compensation shall be payable for such demolition.
(3) If an area for which a Site Development Scheme has been sanctioned is not developed within the period provided in the Site Development Scheme and further extension is not allowed by the Corporation, or if the development is not in conformity with the terms of the Site Development Scheme, the Corporation may, in the prescribed manner, take over the development of the site and execute the necessary works, and the cost incurred thereon by the Corporation shall be deemed to be a tax levied on the owner or owners under this Ordinance.
,
(1) If any building, or anything fixed thereon, be deemed by the Corporation to be in a ruinous state or like to fall or in any way dangerous to any inhabitant of such building or of any neighbouring building or to any occupier thereof or to passers-by, the Corporation may by notice require the owner or occupier of such building to take such action in regard to the building as may be specified in the notice, and if there is dthe Corporation may take the necessary steps itself and the cost incurred thereon by the Corporation shall be deemed to be a tax levied on the owner or occupier of the building under this Ordinance.
(2) If a building is in a dangerous condition, or otherwise unfit for human habitation, the Corporation may prohibit the occupation of such building till it has been suitably repaired to the satisfaction of the Corporation.
(1) The Corporation shall provide and maintain such public streets and other means of public communication as may be necessary for the comfort and convenience of the inhabitants of the City and of the visitors thereto.
(2) The Corporation shall, in the prescribed manner, prepare and execute a Road Maintenance and Development Programme, which shall form a part of the budget, and the Government may alter or amend the programme in such manner as it considers necessary.
(1) No new street shall be laid out except with the previous sanction of the Corporation, and in conformity with the terms and conditions of such sanction.
(2) All streets other than public streets shall he maintained in such manner as the by-laws may provide.
(3) The Corporation may by notice require that any street may be saved, metalled, drained, channelled, improved or lighted in such manner as may be specified in the notice, and in the event of default, the Corporation may have the necessary work done through its agency, and the cost incurred thereon by the Corporation shall be deemed to be a tax levied on the person concerned under this Ordinance.
(4) The Government may prescribe the manner in which a street other than a public street may be converted into a public street.
(1) The Corporation may, with the previous sanction of the Government, assign names to streets and paint the names or fix the name plates on or at conspicuous places at or near the end, corner or entrance of the street.
(2) No person shall destroy, deface or in any way injure any street, name or name plate, or without the previous permission of the Corporation, remove the same.
(3) The Corporation may, in the manner provided in the by laws, lay down street lines and building lines, and may, among other things, require the setting back of buildings to conform to such street lines and building lines.
(4) The Corporation may by by laws define nuisances and offences with regards to streets, and provide for their prevention and abatement.
(1) No person shall make an encroachment, movable or immovable, on, over or under a street or a drain or any land, house gully or building or park except under a licence granted by the Corporation and to the extent permitted by the licence.
(2) The Corporation may by notice require the person responsible for any such encroachment to remove the same within such period as may be specified and if the encroachment is not removed within such period, the Corporation may cause the encroachment to be removed through its own agency, and the cost incurred thereon by the Corporation shall be deemed to be a tax levied on the persons responsible for the encroachment under this Ordinance.
(3) Any person aggrieved by a notice issued under sub section (2) may within fifteen days, appeal to the Government whose decision thereon shall be final.
(4) Notwithstanding anything in any other law, no compensation shall be payable for any encroachment removed or required to be removed under this section.
(1) The Corporation shall take such measures as may be necessary for the proper lighting of the public streets and other public places vesting in the Corporation by oil, gas, electricity or such other illuminant as the Corporation may determine.
(2) The Corporation may, with the previous sanction of the Government, frame and enforce a Street Lighting Scheme in the prescribed manner.
The Corporation shall take such measures as may be necessary for the watering of public streets for the comfort and convenience of the public, and may, for this purpose, maintain such vehicles, staff and other apparatus as may be necessary.
The Corporation shall by by laws make such arrangements for the control and regulation of traffic as may be necessary to prevent danger to and ensure the safety, convenience and comfort of the public.
(1) No person shall keep or let for hire, or drive or propel within the limits of the City any public vehicle, other than a motor vehicle, except under a licence granted by the Corporation, and in conformity with the conditions of such licence.
(2) No horse or other animal shall be used for drawing a public vehicle within the limits of the City except under a licence granted by the Corporation and in conformity with the conditions of such licence.
(3) The Corporation shall, in such manner as by laws may provide, and with the previous approval of the Government fix the rate of fares for the use of public vehicles, and no person plying a public vehicle shall charge a fare in excess thereof.
Explanation. In this section, a “public vehicle” means any vehicle which ordinarily plies for hire.
(1) For the prevention and extinction of fire, the Corporation may, and if so required by the Government, shall, maintain a fire brigade, consisting of such staff and such number of fire stations, and such implements, machinery, equipment and means of communicating intelligence as may be prescribed.
(2) On the occurrence of a fire within the City, any Magistrate, any official of a fire brigade directing the operations,
and any police officer not below the rank of Sub-Inspector may-
(3) No person shall be liable to pay damages in respect of anything done or in good faith intended to be done under this section.
(4) Notwithstanding the provisions of sub section (3) or of any other law, or the terms of any insurance policy, any damage done in the exercise of a power conferred, or in the discharge of a duty imposed, by this section shall be deemed to be a damage by fire, for the purposes of any policy of insurance against fire.
The Corporation shall be responsible for the Civil Defence of the City and it shall, in this behalf, perform such functions as may be prescribed.
For the fighting of floods, rescuing of people from flood affected areas, and affording relief to flood stricken people, the Corporation may, if so required by the Government, shall, provide such boats, appliances and equipment as may be necessary.
In the event of a famine, the Corporation may, with the sanction of the Government, execute such famine works and undertake such famine relief measures as may be necessary or may be specified by the Government.
(1) The Government may by rules define the articles and trades which shall be deemed to be dangerous or offensive for the purposes of this section.
(2) Except under and in conformity with the conditions of a licence granted by the Corporation-
(3) The Corporation may, with the previous sanction of the Government, prepare and enforce a scheme providing for the prohibition of dangerous and offensive trades in specific areas within the City, and for the restriction of such trade in any area not so specified.
(1) The Corporation may, and if so required by the Government, shall, provide suitable places for the burial and burning of the dead, and shall take necessary measures for the proper maintenance and administration of such burial and burning places.
(2) The Government may, by notification in the official Gazette, declare that any burial or burning place which is open to public for burial or burning shall vest in the Corporation, and thereupon such burial or burning place shall vest in the Corporation, and the Corporation shall take all measures necessary for the proper maintenance and administration thereof.
(3) Every burial or burning place which is not administered by the Corporation shall be registered with the Corporation and shall be subject to regulation, supervision and inspection by the Corporation in such manner as the by laws may provide.
(4) No new burial or burning place shall be established within the City except under a licence granted by the Corporation, and in conformity with the conditions of such licence.
(1) The Corporation shall plant trees on public streets and other public places within the City and take all such steps as may be necessary for the plantation and protection of trees on such streets and places.
(2) The Corporation may, in the prescribed manner and with the previous sanction of the Government, frame and enforce an Arboriculture plan.
(1) The Corporation may, and if so required by the Government, shall, lay out and maintain within the City such public gardens as may be necessary for the recreation and convenience of the public, and such public gardens shall be maintained and administered in such manner as the by-laws may provide.
(2) For every public garden, there shall be framed and enforced, in the prescribed manner, a Garden Development Plan which shall provide for the development and improvement of the garden.
The Corporation may provide and maintain within the City such open spaces as may be necessary for the convenience of the public and such spaces shall be grassed, hedged, planted and equipped with such amenities and in such manner as the by laws may provide.
The Corporation may, in the prescribed manner, frame and enforce Forest Plans providing for the improvement, development and exploitation of forests and plant, maintain and work forests in accordance with such plans.
(1) The Corporation may by by-laws determine the pests of trees and plants and provide for their destruction.
(2) If any land or premises within the City is grown with rank or noxious vegetation or undergrowth, the Corporation may by notice require the owner or occupier of such land or premises to clear such vegetation or undergrowth within a specified time, and if he fails to do so within such time, the Corporation may have such vegetation or undergrowth cleared and the cost incurred thereon by the Corporation shall be deemed to be a tax levied on the owner or occupier under this Ordinance.
(3) The Corporation may, in the manner provided in the by laws, require the felling of any tree which is dangerous or the trimming of the branches of any tree which overhang and are likely to interfere with traffic or are otherwise inconvenient.
(4) The Corporation may, in the manner provided in the by laws prohibit the cultivation of any crop which is considered dangerous to public health within such part of the City as may be specified.
The Corporation may, and if so required by the Government, shall, take such steps with regard to the excavation and re excavation of tanks and the reclamation of low-lying areas as it thinks fit, or, as the case may be, the Government directs.
(1) The Corporation shall maintain such educational institutions as may be required by the Government and may, with the previous approval of the Government, maintain such other educational institutions as may be necessary for the promotion of education in the City.
(2) All educational institutions maintained by the Corporation shall be maintained in a state of efficiency and shall conform to such standards as may be prescribed.
(3) The Corporation may levy such fees for the use of educational institutions as may be prescribed.
(4) The Corporation may, with the previous approval of the Government, give financial aid to private educational institutions within the City.
Subject to any law for the time being in force, the Corporation shall be responsible for the enforcement of compulsory education in the City, and it may in this behalf adopt all such measures as may be necessary to ensure that every child of school-going age in the City attends a school recognised by the Corporation.
The Corporation may-
The Corporation may, and if so required by the Government, shall,-
The Corporation may, and if so required by the Government, shall, establish and maintain such public libraries, reading rooms and circulating libraries as may be necessary for the use of the public.
The Corporation shall, with the previous approval of the Government, make such arrangements on the occasion of any fairs, shows or public festivals within the City as may be necessary for the public health, public safety and public convenience and may levy fees on the persons attending such fairs and shows
The Corporation may, and if so required by the Government, shall,-
(1) The Corporation may, and if so required by the Government, shall, prepare and implement development plans for such periods and in such manner as may be specified.
(2) Such plans shall be subject to the sanction of the Government and shall provide for-
(3) The Government may direct that any specified item of income of the Corporation shall wholly or in part be earmarked and applied in the implementation of a development plan.
The Corporation may, in the prescribed manner, sponsor or promote community development projects for the City or any part thereof and may in this behalf perform such functions as may be prescribed.
The Corporation may, in the prescribed manner and with the previous sanction of the Government, promote, administer, execute and implement schemes for undertaking any commercial or business enterprise.
(1) As soon as may be after the first day of July every year, and not later than such date as may be fixed by the Government, the Corporation shall submit to the Government a detailed report of the administration during the preceding year in such form as the Government may direct.
(2) Copies of the report shall be kept for sale at the Corporation offices.
The Government may at any time require the Chief Executive Officer-
the Chief Executive Officer shall comply with such requisition
The Government may depute any officer to inspect or examine any department or office of the Corporation or any service or work undertaken by the Corporation or any property belonging to the Corporation and to report thereon; and the Corporation and all officers and other employees thereof shall be bound to afford the officer so deputed access at all reasonable times to the premises and properties of the Corporation and to all records, accounts and other documents the inspection of which he may consider necessary to enable him to discharge his duties.
If, after consideration of anything requisitioned under section 141 or of any report under section 142 or of any information received otherwise, the Government is of opinion-
the Government may, by order, restrain the Corporation from performing the act or direct the Corporation, within a period specified in the order, to make arrangements to its satisfaction for the proper performance of the duty or to make financial provision to its satisfaction for the performance of the duty, as the case may be, and the Corporation shall comply with such order:
Provided that, unless in the opinion of the Government, the immediate execution of such order is necessary, the Government shall, before making an order under this section, give the Corporation an opportunity of showing cause why such order shall not be made.
If, within the period specified in any order made under section 143, any action directed under that section has not been duly taken, the Government may make arrangements for the taking of such action and may direct that all expenses connected therewith shall be defrayed out of the Corporation Fund.
If, in the opinion of the Government, any proceedings of the Corporation are not in conformity with this Ordinance or the rules, regulations or by laws or with any other law, the Government may, by order, annul or omit from the records such proceedings and do all things necessary to secure such conformity:
Provided that the Government shall, before making an order under this section, give the Corporation an opportunity of showing cause why such order should not be made.
(1) If, in the opinion of the Government, the Corporation-
the Government may, by order published in the official Gazette, supersede the Corporation for such period as may be specified in the order:
Provided that the Government shall, before making an order under this section, give the Corporation an opportunity of showing cause why such order should not be made.
(2) On the publication of an order under sub section (1)-
(1) If, after such enquiry as may be necessary, the Government is of the opinion that the Corporation is not able to run a particular department or institution efficiently, it may, by order published in the official Gazette, suspend the authority of the Corporation over such department or institution for such period as may be specified in the order.
(2) Where the authority of the Corporation over any department or institution is so suspended, the Government may itself take over the management of such department or institution or make such other arrangements as it thinks fit, and may require the Corporation or, in case the Corporation fails to comply, the Bank or person holding the Corporation Fund to place such amount as may be necessary for the management of such department or institution at the disposal of the Government.
Every act or omission specified in the Third Schedule shall be an offence under this Ordinance.
(2) Where a person is convicted of an offence under this Ordinance for the second time, he shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to twenty five thousand Taka, or with both.
(3) Where a person is convicted of an offence specified in items 3, 14, 19, 24, 44 or 50 of the Third Schedule the Court convicting him may, on the prayer of the Chief Executive Officer or a person mentioned in section 151, also order or direct-
The Chief Executive Officer or any person generally or specially authorised by the Corporation in this behalf, may compound any offence under this Ordinance.
No Court shall take cognizance of any offence under this Ordinance except on a complaint in writing received from the Chief Executive Officer or a person generally or specially authorised by the Corporation in this behalf.
(1) The Government may, in the prescribed manner, include within the limits of the City any area adjacent thereto or exclude from the limits of the City any area comprised therewith.
(2) When any area is included within the limits of the City, this Ordinance and all rules, regulations, by laws, directions and powers made, issued or conferred under this Ordinance shall apply to the said area.
(3) When any area is excluded from the limits of the City, this Ordinance and all rules, regulations, by laws, orders, directions and powers made, issued or conferred under this Ordinance shall cease to apply thereto.
(4) The Government may make such orders as may be necessary to give effect to the inclusion or exclusion of the said area and any matters incidental or ancillary thereto.
(1) Any person aggrieved by an order passed by the Corporation or by the Mayor 80 * or by the Chief Executive Officer in pursuance of this Ordinance or the rules or by laws, may appeal to such authority, in such manner and within such period as may be prescribed.
(2) Any order passed in appeal shall be final and shall not be called in question in any Court.
The Government may, by Standing Orders issued from time to time,-
(1) The Government may make rules to carry out the purposes of this Ordinance.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the matters enumerated in the Fourth Schedule, and all matters incidental, consequential and supplemental thereto.
The Corporation may make regulations to regulate the procedure in respect of all or any of the matters enumerated in the Fifth Schedule, and all matters incidental, consequential and supplemental thereto.
(1) The Corporation may, and if so required by the Government, shall, make by laws, not inconsistent with the provisions of this Ordinance and the rules, to carry out the purposes of this Ordinance.
(2) In particular and without prejudice to the generality of the foregoing power, such by laws may provide for all or any of the matters enumerated in the Sixth Schedule, and all matters incidental, consequential and supplemental thereto.
(1) All by laws shall be made subject to the condition of previous publication.
(2) All regulations and by laws shall be subject to the sanction of the Government and the Government may sanction any regulations or by laws with or without modifications.
(3) All rules, regulations and by laws shall be notified in the official Gazette.
(4) Copies of rules, regulations and by laws shall be kept available at the office of the Corporation for inspection and sale
.
159. (1) The Government may, by notification in the official Gazette, delegate all or any of its powers under this Ordinance or the rules to the Divisional Commissioner or any other officer subordinate to it.
(2) The Corporation may, by resolution passed with the previous sanction of the Government and subject to such terms and conditions as may be specified in the resolution, delegate any of its functions to all or any of its Standing Committees or to the Chief Executive Officer.
(3) A Standing Committee may, by resolution passed with the previous sanction of the Corporation and subject to such terms and conditions as may be specified in the resolution, delegate any of its functions to the Chief Executive Officer not being powers delegated to it under sub section (2).
(4) The Chief Executive Officer may, by order in writing issued with the previous sanction of the Corporation and subject to such terms and conditions as may be specified in the order, delegate any of his functions to any other officer or employees of the Corporation not being powers delegated to him under sub section (2) or sub-section (3).
(1) Wherever it is provided in this Ordinance, or in the rules, regulations or by laws, that the permission or sanction of the Corporation shall be necessary to the doing of any act, such permission or sanction shall be in writing.
(2) Every licence, sanction or permission granted by or under the authority of the Corporation shall be signed by the Chief Executive Officer or by such other officer as may be authorised in this behalf by rules, regulations or by laws.
No suit shall be instituted against the Corporation or the Mayor 81 or Commissioner or the Chief Executive Officer or any other officer or employee of the Corporation in respect of any act done or purporting to be done in official capacity, until the expiration of one month next after notice in writing has been in the case of the Corporation, delivered or left at its office, and in the case of the Mayor 82 or any Commissioner, or the Chief Executive Officer or other officer or employee delivered to him or left at his office or place of abode, stating the cause of action and the name and place of abode of the intending plaintiff and the plaint shall contain a statement that such notice has been so delivered or left.
(1) Where anything is required to be done or not to be done by any person under this Ordinance, or the rules, regulations or by-laws, a notice shall be served on the person concerned specifying the time within which the requirement shall be complied with.
(2) No notice shall be invalid for defect of form.
(3) Every notice shall, unless otherwise provided, be served or presented by giving or tendering the notice or sending it by post to the person for whom it is intended or by affixing it on some conspicuous part of his place of abode or business.
(4) A notice intended for the public in general shall be deemed to have been sufficiently served if a copy thereof is affixed in such public place as may be determined by the Corporation.
All records prepared or registers maintained under this Ordinance shall be deemed to be public documents within the meaning of the Evidence Act, 1872 (I of 1872), and shall be presumed to be genuine until the contrary is proved.
The Mayor 84 * and every Commissioner and the Chief Executive Officer and every other officer or employee of the Corporation, and every other person duly empowered to act on behalf of the Corporation, shall be deemed to be a public servant within the meaning of section 21 of the Penal Code (XLV of 1860).
[Mayor, etc., not to be disqualified for membership of Parliament.- Omitted by section 35 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993).]
No suit, prosecution or other legal proceeding shall lie against the Government or the Corporation, or against any person authorised by either, for anything which is in good faith done or intended to be done under this Ordinance or the rules, regulations or by laws, or for any damage caused or likely to be caused by any such thing.
The provisions of this Chapter shall have effect notwithstanding anything contained in any other provision of this Ordinance.
(2) A ward committee shall consist of a Chairman and such number of other members as may be appointed by the Administrator.
(3) The Chairman of a ward committee shall be deemed to be a Commissioner for the purposes of this Ordinance.
(1) Notwithstanding anything contained in this Ordinance or any other law for the time being in force, on the commencement of this Ordinance, the Chittagong Paurashava constituted under the Paurashava Ordinance, 1977(Ordinance XXVI of 1977), shall be deemed to be the Chittagong Municipal Corporation.
(2) Until the Corporation is constituted in accordance with the provisions of the Ordinance, the functions of the Corporation shall be performed by an Administrator to be appointed by the Government.
(3) The Government may appoint 86two Deputy Administrators to assist the Administrator in the performance of his functions.
For the purpose of first general election of Commissioners, the Government shall, by order published in the official Gazette, determine-
(1) On the commencement of this Ordinance, the Paurashava Ordinance, 1977(Ord. XXVI of 1977), shall, in its application to be City of Chittagong, stand repealed.
(2) Upon the repeal of the said Ordinance,-
Provided that no officer or other employee whose services are so transferred shall be entitled to any compensation because of such transfer:
Provided further that an officer or other employee may, within such time as may be specified by the Corporation, exercise his option not to serve in the Corporation;
Where this Ordinance makes any provision for anything to be done but no provision, or no sufficient provision, has been made as respects the authority by whom, or the manner in which, it shall be done, then, it shall be done by such authority and in such manner as may be prescribed.
If any difficulty arises in giving effect to the provisions of this Ordinance, the Government may, by order, do anything which appears to it to be necessary for the purpose of removing the difficulty:
Provided that no such order shall be made after the expiration of two years from the constitution of the Corporation.