Bangladesh Gazette for Paurashava Act 2009

Page no - 9135

Registered No. D A-1

Bangladesh Gazette

Additional Copy

Published by the Authority

Tuesday, 5^th October 2010

Bangladesh National Assembly

5^th October 2010/20^th Ashwin, 1417

Following Law adopted by the Parliament that consented by the President on 5^th October 2010 (20^th Ashwin, 1417) and it is therefore being published for information of general public:

52 no. ordinance of 2010

Ordinance issued for the amendment of local government (municipality) ordinance, 2009

As, the amendment in local government (municipality) ordinance 2009 (58 no. ordinance of 2009) is prudent and needed to fulfill the following purposes;

Therefore, following ordinances are issued:-

1. Short title and application: (1) This Ordinance may be cited as the Local Government (municipality) (amendment) ordinance 2010.

(2) It will be effective without any delay.

2. Amendment of section 16 of 58 no. ordinance of 2009. The words, number and sign from the sentence: “and to be careful that population of any ward will not be less or more than 10% of any other ward” will be removed from the sub-section no. (1) of section 16 of the local government (municipality) Ordinance, 2009 (58 no. ordinance of 2009).

Price: 2 Taka

Page no - 9136

3. Amendment of section 19 of 58 no. ordinance of 2009- of sub-section (2) of section 19 of that ordinance -

(a) Word “and” will be dissolved from at the end of article (Da);

(b) “;” will replace “.” from the end of article (Dha) and new article will be added as follows, like as:-

“(Na) provided any untruth information or hides any information willingly in submitted affidavit with nomination paper”.

4. Amendment of section 27 of 58 no. ordinance of 2009- Words “in thirty days” will be replaced with “in twenty days” “in sub-section (2) of section 27 of that ordinance.

5. Amendment of section 32 of 58 no. ordinance of 2009- “;” will replace “.” from the end of sub-section (1) of section (G) and new article will be added as follows, like as:-

“(h) Ff it is proved at any time period of the municipality after election, that any candidate has provided any untruth information or hides any information willingly in submitted affidavit with seven types of information with nomination paper”.

Pronab Chattergy

Additional Secretary

and

Secretary (Acting)

Md. Masum Khan (Deputy Secretary), Deputy Director, printed from Bangladesh Government Press, Dhaka.

Md. Mojibur Rahman (Joint-Secretary), Deputy Director, printed from Bangladesh Form and Publishing Office, Tejgaon, Dhaka. Website: www.bgpress.gov.bd

Registered No. D A-1

Bangladesh Gazette

Additional Copy

Published by the Authority

Tuesday, 6^th October 2009

Bangladesh National Assembly

Tuesday, 6^th October 2009/21^st Ashwin, 1416

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Following act has been adopted by the Parliament that consented by the President on 6^th October 2009(21^st Ashwin, 1416) and it is therefore being published for the information of general public:

58 no. ordinance of 2009

Issued ordinance to compose new ordinance by abrogating any current declaration regarding municipality

As it is prudent and needed to issued ordinance to compose new ordinance by abrogating any current declaration regarding municipality;

So, following ordinances are issued:-

1^st Part

INTRODUCTION

1. Short title, Appliance and Introduction. (1) This Ordinance may cite as the Local Government (municipality) Ordinance, 2009.

(2) It will be applicable for all over Bangladesh:

But it is conditioned that government can acquit this ordinance or any section of this ordinance for any specific locality or municipality by notification in government gazette.

Price: 40 Taka

(3) In this Ordinance-

(a) It will be considered that all other sections of this ordinance will be effective by 14^th may 2008 except section 36, 80, 98, 99, 100, 101, 102, 103, 104, 105 and 109.

(b) Section 36, 80, 98, 99, 100, 101, 102, 103, 104, 105 and 109 will be effective without any delay.

2. Explanation: In this Ordinance, unless there is anything repugnant in the subject or context:

(1) “Law enforcing agency” means Police, Armed Police Battalion, Rapid Action Battalion (RAB), Ansar, Battalion Ansar, Bangladesh Rifles, Cost Guard and defense departments.

(2) “Behavioral manners” means issued behavioral manners by this ordinance.

(3) “Financial Institutions” means financial institute according to section 2 of ordinance 1993 (27 no. ordinance of 1993) and financial loan court according to section 2 of ordinance, 2003 (8 no. ordinance of 2003).

(4) “Garbage” means rubbish, offal, night-soil, carcasses of animals, and deposits of sewerage, residue of latrine, dirt, waste and any other polluted materials.

(5) “Improvement Trust” means anybody or institution that have the responsibility to operate city development activities.

(6) “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, veranda, platform, plinth and steps.

(7) “Construction of Building” means construction of new building.

(8) “Reconstruction of building” means any remarkable changes in a building.

(9) “Building boundary” means a line beyond which the outer face or any part of an external wall or a building may not project in the direction of any street, existing or proposed;

(10) “Damage” means any type of activity, error or crated by materials, smell or sound that may create or attempt to create injury, danger, annoyance or crimes, which is injurious for life, health or property;

(11) “Sub-Ordinance” means sub-ordinance under this ordinance.

(12) “Sub-tax” means legible tax under this ordinance.

(13) “Development authority” means any organization or authority that has the responsibility to operate city development activities.

(14) “Ward” means a ward with specific boundary for electing one councilor.

(15) “Tax” means any tax, sub-tax, rate, toll, fees, custom, or any other taxes legible under this ordinance.

(16) “Council” means the councilor of a municipality.

(17) “Factory” means factories defined by section 2(7) of Bangladesh labor ordinance 2006 (42 no ordinance of 2006).

(18) “Cantonment Board” means cantonment board established under cantonment act, 1924 (Act no. II of 1924).

(19) “Rent” means cash or kind payable by occupier or tenant or leaser to occupy building or land by following rules.

(20) “Food” means any other food-stuff for human, other than drugs and water.

(21) “Public Place” means any building, space or place where common people have access.

(22) “Mayor” means the mayor of municipality.

(23) “ District” means created district under district act, 1836 (Act no. 1 of 1836)

(24) “Toll” means legible toll under this act.

(25) “Deputy Commissioner” means an officer specially appointed by the government and who serves all or any types of responsibilities as deputy commissioner.

(26) “Drug or Medicine” means any type of material and materials used in mixer of medicine which are used as medicine for internal and external use.

(27) “Drain” means a rain or storm water drain and water tables, chutes and the side drain exclusively meant to drain away the rain water falling on the surface of any street, bridge or causeway.

(28) “Schedule” means attached schedule with this ordinance.

(29) “Occupier” means an owner who is real occupier of his land or building or such type of person who are obedient to pay rent to owners of a land or building for a certain period of time.

(30) “Dairy Farm” means any farm, cow-shed, cow-house, milk preservation centre, milk shop or any other place from where milk or milk-made products are distributed to sale.

(31) “Penal Code” means The Penal Code (Act No. XLV of 1860).

(32) “Specific Authority” means government or any other government officer powered by government to fulfill any specific objective of this ordinance.

(33) “Election Commission” means election commission established under the article no 118 of constitution of The People’s Republic of Bangladesh.

(34) “Election Appeal Tribunal” means election appeal tribunal established under section 24 of this ordinance.

(35) “Election Tribunal” means election tribunal established under section 24 of this ordinance.

(36) “Election Observer” means any person or institution having written approval from election commission or any person who have approval to perform this to observe election under this ordinance.

(37) “Ethical misconduct” means defined robbery, thieving, reeking belief, capture others property, rape, killing according “criminal misconduct” according to prevention of corruption act, 1947 (act II of 1947).

(38) “Parishad” means a committee combination with councilors and mayor of municipality.

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(39) “Rural Area” means a locality which is left behind in terms of development, agriculture based or having feudal system based professional group and an area which is formed with village or ward within union parishad and which is not included with municipality or cantonment.

(40) “Police Officer” means sub-inspector or above ranked officer of police force.

(41) “Chief Executive Officer” means chief executive officer of municipality.

(42) “Regulation” means regulations under this ordinance.

(43) “Municipality” means municipality formed under sub-section 2 of this ordinance.

(44) “Municipal area” means area described in section 4(2) under this ordinance.

(45) “Municipality Fund” means fund of the municipality.

(46) “Master plan of municipality” means structure of development planning within boundary of municipality; use of land, transportation and management, sanitation and defines principles of environmental management and technique and specific implementable development project under municipality development program.

(47) “General inhabitant of municipality” means inhabitants of respective ward of municipality who has name in voter list of that area.

(48) “Fees” means defined fees under this ordinance.

(49) “Living House” means any building which is mainly or completely use for living.

(50) “Market” means such type of place where people gather to sell or buy fish, meat, fruits, vegetables or any other types of food and necessary goods and they sell or buy those or people gather to sell or buy animals or cattle and they sell or buy those. Hat (weekly market) and market will be included with this or any other place which is declared as hat or market.

(51) “Annual Price for house rent” means expectable and logical annual rent of place and building except furniture preserved in building and preserved machineries in any place, money or acknowledge given money, tax, insurance or any other relevant expenses for ownership given to owner by tenant to occupy place or building.

(52) “Rules” means rules under this ordinance.

(53) “Divisional Commissioner” means respective chief responsible officer of revenue administration and any officer appointed by government under this ordinance who will perform all or any responsibility of divisional commissioner.

(54) “Bank” means

a. Bank Company defined in section 5(n) of Bank Company Act, 1991 (14 no. act of 1991).

b. Bangladesh Shilpa Rin Sangstha formed under the Bangladesh Shilpa Rin Sangstha Order, 1972 (P.O. No. 128 of 1972)

c. Bangladesh Shilpa Bank formed under the Bangladesh Shilpa Bank Order, 1972 (P.O. No. 129 of 1972).

d. Bangladesh house building finance corporation formed under The Bangladesh House Building Finance Corporation Order, 1973 (P.O. No. 17 of 1973)

e. Bangladesh Krishi Bank formed under The Bangladesh Krishi Bank Order, 1973 (P.O. No. 27 of 1973)

f. Investment Corporation of Bangladesh formed under The Investment Corporation of Bangladesh Ordinance, 1976 (Ordinance No. XL of 1976).

g. Rajshahi Krishi Unnayan Bank formed under The Rajshahi Krishi Unnayan Bank Ordinance, 1986 (Ordinance No. LVIII of 1986).

h. Basic Bank Limited (Bangladesh Small Industries and Commerce Bank Limited) formed under Company Act, 1994 (Act No. 18 of 1994).

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(55) “Owner” means any person who receive rent of land and building or any one of these by himself or as representative or trustee of religious or charitable organization of society or from any person or who receive rent from tenant for land or building.

(56) “Rate” means defined rate under this ordinance.

(57) “Profitable Position” means regular paid position of state or constitutional government authority or in any public limited company which have fifty percent or above government share.

(58) “Secretary” means secretary or temporary acting secretary of the municipality.

(59) “Government” means The Peoples Republic of Bangladesh.

(60) “Government Road” means any road, for citizens, which are maintained by government or institute of local government or any other local authority.

(61) “Road Line” means such type of line to differentiate land to occupy road or land to build road from side land.

(62) “Infectious Disease” means such type of disease which infect from one person to another and any other disease which are published by government through gazette.

(63) “Constitutional Government Authority” means any Constitutional Government Authority defined in article 152 (1) of the constitution of The Peoples Republic of Bangladesh.

(64) “Sewerage” means drainage, polluted water, rain water carried by drain and any type of polluted and dirty materials carried by canal.

(65) “Local Authority” means local institution or any constitutional institution that formed under any ordinance.

(66) “Local Parishad” means municipality, union parishad, upazila parishad, zila parishad and City Corporation under ordinance.

(67) “Permanent Committee” means permanent committee of the municipality formed under this ordinance.

(68) “City Area” means acquired land by municipality or cantonment board and announced ‘city area’ in section 3 of this ordinance.

(69) “Hat” means assigned place for selling and buying goods, foods, materials, livestock’s etc in specific day and time in week.

2^nd Part

1^st Chapter

ESTABLISHMENT, CONSTITUTE OF MUNICIPALITY, Etc

3. Declaration of City Area – (1) Government can express intention to declare any rural area to city area by notification through gazette analyzing issues like as (a) population, (b) density of population, (c) local income sources, (d) percentage of non-agricultural profession, and (e) economical importance of such area.

(2) Before publishing circular by gazette according to sub-section (1) have to be confirm about following issues that, declared area-

(a) Three-forth of the people is involved with non-agricultural profession.

(b) 33 percent land is non-agriculture type.

(d) Population will not be less than 50 thousand.

(3) After publishing circular relating declaration of city area according to sub-section (1), respective union parishad can raise written objection to government against such type of declaration within one month.

(4) Government will solve the objection according to sub-section (3) within three months. Government will publish through gazette for all concern if it is decided to create city area.

4. Establishment of the Municipality, etc. – (1) Existing name and area of all municipalities will be declared same as before establishing this act and the date when it issued.

(2) After being effective this ordinance, government can establish new municipality combination with one or more city area through publishing circular by gazette. The area included with that municipality will be indentified as municipality area.

(3) Municipality will be a constitutional institute, having perpetual succession and a common seal, with power, subject to the provisions of this Ordinance and the rules, to acquire, hold and handover property both movable and immovable, and shall by its name sue and be sued.

(4) Subject to this ordinance and driven by the rules, government -

(a) May form municipality with combination of other urban areas, except cantonment area.

(b) May decrease, increase and can make any other type of change or correction of the boarder of the municipality.

(d) May form two or more municipality by dividing any municipality area.

(e) May form one municipality by merging two nearby municipalities; and

(f) May re-define area of two or more municipal area.

5. Municipality and Administrative Unit: Under article 59 (1) of the constitution of The Peoples Republic of Bangladesh, every municipality will be count as an administrative part or unit.

6. Constitute of Municipality. (1) as soon as may be after the commencement of this Ordinance, there shall be constituted, in accordance with the provisions of this Ordinance, a municipality.

(2) Municipality shall be formed with composition of following persons, namely:

a) Mayor ;

b) Councilors, same number as government defined ward numbers through gazette notification.

c) Female councilors, as defined number reserved for female under section 7.

(3) The mayor and councilors shall be directly elected by adult voters under this ordinance and rules of this ordinance.

(4) Mayor of the municipality will be count as a councilor of the municipality.

(5) Responsibilities, activities and benefits of the mayor and councilors will be defined under rules.

Explanation: Under this sub-section reserved female councilors will mean be councilor.

7. Female Representatives in Parishad: (1) Equal to one-third of the defined number of councilors under sub-section (2) (b) of section 6 announced through government gazette for every municipality, mentioned as reserve, will be reserved for female.

(2) Female councilors for reserve seat shall be directly elected by adult voters under this ordinance and rules of this ordinance.

But, it is conditioned that, anything of this ordinance will not restrict any female from the right to participate direct election beyond reserve seat.

Explanation: To determine numbers in reserve seat under this sub-section, if the number has fraction, if the fraction is half or above than half then the number should count as round figure. Again, if the fraction is less than half then this should be avoided.

8. Term of Municipality, etc.: Subject to section 6, the term of a Municipality shall be a period of five years commencing on the day of its first meeting after its constitution.

But it is under condition that notwithstanding the expiration of its term a municipality shall continue to function until the first meeting of the new municipality constituted to succeed it.

(2) Notwithstanding in this ordinance, if election takes place of 75% posts of councilors and mayor then it will be acknowledged that the municipality has formed properly.

Explanation: Under this sub-section, if fraction creates to determine (75%) seventy five percent among total number of members is less than 0.50% than it should be avoid or should be counted as one incase of 0.50% or more.

(3) A municipality shall, after its constitution, held its first meeting on such date, not later than thirty days from the day on which the names of its Chairman and commissioners are notified in the official Gazette.

9. Naming of the Municipality: Generally municipality shall be named as it locality and the municipality cannot be named again according to any body’s name.

(2) For existing municipality, name cannot be change without permission of the municipality.

10. Classification of Municipality: Government can classify the municipalities according to specific method and standard.

11. Abolition of Municipality:
(1) Notwithstanding anything contained in the ordinance, after being effective this ordinance, if it is indentified by government that any announced municipality, formed under Pourashava Ordinance, 1977 (Ord. No. XXVI of 1977) failed to meet the conditions of that ordinance, following specific process, and then government can abolished that municipality through announcing in government gazette.

(2) Before announcing about abolition according to sub-section (1) respective municipality will get chance to show cause regarding the abolition.

(3) It will be count that the tenure of mayor and councilors of respective municipality is over immediately after abolishing any municipality through announcing in gazette.

(4) Accounts of property of abolished municipality shall be defined by government.

12. Honorarium and other Benefits of Mayor and councilors: Mayor, Deputy Mayor and councilors will have the right to get defined honorarium and other benefits defined by the government.

2^nd Chapter

DEFINE WARD BOUNDARY, ELLECTORAL ROLL, Etc.

13. Dividing Municipality Area in Wards: For the purpose of election of commissioners the municipality shall be divided into such number of wards as the Government may determine.

14. Ward Committee: (1) With approval from municipality, every ward can form ward committee with persons no more than ten, and elected ward councilor shall be the chairman of that committee.

(2) 40% of the members shall be female, but municipality can take necessary decision after considering activities of the ward to make it more effective.

(3) Ward committee’s activities will be determined by rules. Before preparing rules, it will define by the general rules of the municipality.

(4) Along with other responsibilities, main activity of this ward committee will to engage community peoples in development and administrative related activities of the municipality through open meeting.

(5) Ward will be effective for the tenure of the municipality; until inherent do not take the responsibility.

15. Appointment of Delimitation Officers: (1) For the purpose of delimitation of wards, the prescribed Authority may appoint from amongst persons in the service of the Republic as many delimitation officers and assistant delimitation officers as may be necessary.

(2) An assistant delimitation officer shall perform under the control of the delimitation officer.

16. Delimitation of Wards: (1) The wards shall be delimited having regarded to territorial unity and to be careful about the distribution of population will not less or more than ten per cent from other wards.

(2) A 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 he may publish a preliminary list of wards specifying the areas proposed to be included in each such ward together with a notice.

(3) Within fifteen days from the date of publication of the notice under sub-section (2) delimitation officer may publish a notice inviting objections or suggestions at his office and at the office of the municipality and at such other place or places as he considers necessary.

(4) The delimitation officer shall consider the objection or suggestion received under sub-section (2), if needed, he may call individual hearing. He shall give his/her decision within a period not exceeding fifteen days through announcement to people and a copy of that decision will be sent to respective deputy commissioner and government.

(5) Any appeal against delimitation officer can be submitted within fifteen days to respective deputy commissioner, and the deputy commissioner shall solve the appeal within fifteen days.

(6) After making amendments, alterations or modifications, if any, under sub-section (5), the delimitation officer shall publish at his office and at the office of the municipality and at such other place or places as he considers necessary the final list of wards, and shall forward attested copies thereof to the government and government shall publish the list of wards in the official Gazette.

(7) For the purpose of election to the reserved seats, the delimitation officer shall simultaneously divide the municipality into necessary number of wards. Following rules of this ordinance, he shall divide the municipality such a way that the wards number and the reserve seat number will be equal.

17. Electoral Roll: (1) There shall be an electoral roll for each ward to be prepared by the Election
Commission.
(2) A person shall be entitled to be enrolled on the electoral roll for a ward if he-

(a) is a citizen of Bangladesh;
(b) is not less than eighteen years of age;
(c) does not stand declared by a competent Court to be of unsound mind; and
(d) is or is deemed to be a resident of that ward.

18. Right to vote: Every person whose name is for the time being entered in the electoral roll of a ward shall be entitled to vote at an election of an elected commissioner for that ward and at an election of Mayor of the Municipality within the jurisdiction of which the ward is situated.

3^rd Chapter

QUALIFICATIONS AND DISQUALIFICATIONS OF MAYOR AND COUNCILORS, Etc.

19. Qualifications and disqualifications of Mayor and Councilors: (1) A person shall, subject to the provisions of sub-section (2), be qualified to be elected as, and to be, a mayor or a councilor, if-

a) he or she is a citizen of Bangladesh;

b) he or she has attained the age of twenty-five years;

c) his or her name appears on the electoral roll for any ward in the municipality; andd) For councilors of reserved female seats and other councilors, should have his or her name appears on the electoral roll for any ward in the municipality.

(2) A person shall be disqualified for election as, or for being, a mayor or councilor, if-

a) he or she has ceased to be a citizen of Bangladesh or lost the citizenship;

b) he or she is declared by a competent Court to be of unsound mind;

c) he or she is announced as insolvent and undercharged insolvent;

d) on conviction for any offence such as criminal misconduct or moral turpitude, sentenced to imprisonment for a term of not less than two years; or unless a period of five years has not elapsed since his or her release;

e) he or she holds any whole-time office of profit in the service of the Republic or of the municipality concerned or of any other local authority; or

f) he or she worked as executive director for any non government organization which receive foreign donation and a period of one year has not elapsed after resignation, retirement and termination from the position.

g) Except contract between government and cooperation society, he or she is a party to a contract to supply goods to government in respective municipality area, or to implement any contract by government or to perform programs, by his own name or by any person or persons name as his trustee or his convenient or he/she has allotment or benefits as member of Hindu extended family.

Explanation: disqualification according to article (g) shall not applicable for following context-

(1) Allotment or benefits according to the contract is attain by inherent or through will, handover for execute or management, unless a period of six months has not elapsed since it is handover; or

(2) Contracted be a part or behalf of any public company defined according to company act, 1994 (18 no. act of 1994) where he/she is just a shareholder, but he/she is not assigned director or managing agent of any beneficial position under that company; or

(3) The contract issued by any other member of the family at the time to execute any separate business as a member of extended Hindu family where he have no share or interest under the contract.

h) Or any member of his family contracted for work to be done for, or goods to be supplied to, the municipality concerned, or is a party to institute which is contracted for that or he have any financial interest with any issues of the municipality.

i) he or she has arrears in repaying any loan taken by him or her from any specified bank or financial institute within the time allowed by the date of submitting nomination paper.

But it is conditioned that any loan taken by him or her from any specified bank or financial institute for house building for personal living or have taken micro credit will not be included with this.

j) Director or party of any company which has defaulted in repaying any loan or installment by the date of submitting nomination paper.

Explanation- For the purposes of clause (I) and (j) “loan defaulter” means indentified loan defaulter according to Banker’s Book of Account along with loan receiver and any company where he or they have interest.

k) Taken any loan from municipality and if the loan is unpaid.

l) Did not paid money according to determined amount of government appointed observer’s report.

m) he or she is a member of Parliament or any other local government;

n) he or she has been dismissed, displaced or compulsory retired from the service of the government or semi-government, constitutional government authority, autonomous institute, cooperative society or defense department for misconduct involving moral turpitude, corruption, misbehave etc and a period of five years has not elapsed since his or her dismissal.

o) he or she is punished for misappropriation of municipality fund.

p) Punished after being convicted under panel code 189 and 192 within last five years.

q) Penalized for being guilty under penal code 213, 332, 333, 353 by any time within five years.

r) Identified as culprit for war crime by national or international court or tribunal.

s) Announced as fugitive defendant by any court.

(3) Every mayor and councilor candidates will submit an affidavit that he/she is not disqualified for mayor or councilor according to sub-section (2).

4^th Chapter

ELECTION, ELECTORAL DISPUTE, Etc.

20. Election Time, etc. One councilor shall be elected from each ward.

(2) The election of Mayor and Councilors will be held on following times-

a) In case of formation of municipality for the first time, within one hundred and eighty days of this ordinance commencement.

b) In case of municipality term expires, within 180 days of the term expires date.

c) In case of removal, within 120 days of declaration of removal notice.

21. Conduct of Election- (1) all elections of mayor and councilor shall be organized, held and conducted under this rules by the Election Commission, which is formed in accordance with constitution and mentioned as Election Commission. According to the same rules election commission can prescribe all or any of the following issues:

a) The appointment of returning officers, assistant returning officers, presiding officer, assistant presiding officer and polling officers for the conduct of election, and powers and duties of such officers;

b) Nomination of candidates, submitting affidavit for nomination, objections to nominations or nomination selections;

c) The deposits made by candidates, refunded that deposit to candidates or forfeited;

d) The withdrawal of candidature and allocation of symbol;

e) The appointment of agents of candidates;

f) ) The procedure in contested and uncontested elections;

g) The date, time and place for poll and other matters relating to the conduct of elections;

h) The manner/procedures in which votes are to be given;

i) The scrutiny and counting, result announcement and followed rules for same amount of votes;

j) Preservation and distribution of ballot paper and related papers relating election.

k) The circumstances under which polls may be suspended and fresh polls may be held;

l) The election expenses; and related issues;

m) Power to arrest for law enforcing agency at the time of performing duty during election.

n) The corrupt or illegal practices and other election offences and penalties therefore;

o) Conflict on election and its judgment and punishment.

p) Receiving crime for judgment, applying power of magistracy which had been gained from election commission, related issues regarding tenure of case.

q) Power to capture vehicles, transfer of election related officer, in some case the power to postponed election and power of election commission to appoint election observer; and

r) Any other matter connected with election.

2. Rules can be issued regarding custody, fine or both of punishment or in cases where needed discard of candidature under sub-section (1) (n):

But it is conditioned that, rules can be issued regarding the tenure of custody for crime relating election will be no less than 6 months and no more than 7 years and the tenure of custody for disobey any of these rules will be no less than 6 months and fine no more than fifty thousand taka or both of punishment.

22. Election Result Publication: The name of the elected mayor and councilor as soon as may be after the Election, will be published in the official Gazette by the Election Commission.

23. Submission of Election Petition:
(1) No election or taken attempts for election under this Ordinance shall be called in question in any other court or any authority except by an election tribunal.

(2) Other then the candidates has no this rights to submit application for raising questions and appeal regarding election or election elated activities for solution to election tribunal.

(3) Complains regarding election can be submitted to election tribunal under section 24 of this ordinance following prescribed manner.

(4) Any court:

a) To adjournment election of any mayor or councilor of municipality;

b) To abstain to take charge of any elected mayor or councilor of municipality under this ordinance;

c) To abstain to getting entered to office of any elected mayor or councilor of municipality under this ordinance: can not issue any prohibition.

24. Election Tribunal and Formation of Election Tribunal.
(1) For the trial of election petitions, the Election Commission shall creates necessary number of Election Tribunal with combination of a sub-judge or similar level of judicial officer. Election Commission can creates necessary number of Appeal Tribunal with combination of a Zila-judge or similar level of judicial officer.

(2) Case can be submitted to election tribunal on election petition and praying for solution within 30 days of publishing the result of election in the official Gazette, and the election tribunal will solve the case within 180 days after the date of submitting the case.

(3) If anybody is aggrieved by the judgment, he case can be submit appeal to election appeal tribunal within 30 days of judgment announcement and if any appeal is submitted then the election appeal tribunal will solve the appeal within 120 days after the date of submitting.

(4) The judgment of election appeal tribunal will be count as absolute.

25. Election Application, Resolving Appeal. Election application, method to submit appeal application, method of resolving election conflict by tribunal and appeal tribunal, jurisdiction, power, solution and other related issues will determined by rules.

26. Transfer of Election Application: The Election Commission, either of its own motion or on an application made in this behalf by any of the parties, may at any stage transfer an election petition from on Election Tribunal to another Election Tribunal, and the Tribunal to which the petition is so transferred shall proceed with the trial of the petition from the stage at which it was transferred.

But it is conditioned that the Tribunal or appeal tribunal to which an election petition is so transferred may, if it thinks fit recall and examine any of the witnesses already examined.

5^th Chapter

OATH TAKING, DECLARATION OF PROPERTY, REMOVAL, Etc.

27. Oath or announcement.

(1) Mayor or councilors shall, within specific period before taking charge, make, in the prescribed manner according to format of first schedule in front of government selected person, an oath or announcement. Afterwards he will sign in oath script.

(2) Government or government nominated authority will make oath or announcement to mayor and councilors within thirty days of publishing their name by gazette.

28. Declaration of Properties- (1) Mayor and all councilors shall, at the time of taking oath, submit with affidavit Taxpayers Identification Number (TIN), if any, description of submitted or received both movable and immovable in country and above, which he or any member of his family owns to tax office.

(2) If mayor or councilor failed or could not submit TIN including details of property to relevant tax office, they will submit written description of property both movable and immovable, by affidavit, which he or any member of his family owns to tax office.

(3) If the submitted document of property declaration proved false under sub-section (2) and affidavit of sub-section (1), in cases, complain for misconduct can raise against mayor or councilor.

Explanation: To fulfill the aims of this section, “member of family” means spouse, husband and such of the father, mother, son, daughter, half -son, half-daughter, brothers and sisters as reside with and wholly dependent upon such person.

29. Restriction to Candidature for more than one Position.
(1) A person shall not, at the same time, be a candidate for election to the position of Mayor and councilor.

(2) If a person offers himself, at the same time, to be a candidate for election to more than one office in any municipality, all his nomination papers shall stand void.

(3) When the position of Mayor falls vacant during the term of the municipality, a councilor may contest the election to the position of mayor.

But it is conditioned that, in this cases, the councilor should cease his current position to contest the election.

30. Resignation of Mayor and Councilors.
(1) A councilor may resign his office by notice in written addressed to the mayor and the resignation will be effective immediately after receiving the resignation paper by mayor.

(2) A mayor may resign his office by notice in written addressed to the Prescribed Authority by government, and a transcript of this should be sent to secretary or, in cases, chief executive officer. A resignation under this section shall become effective and the office concerned shall become vacant, on the date on which the notice of resignation is received by the addressee.

(3) Secretary or, in cases, chief executive officer will inform municipality, election commission and government about the resignation under sub-section (1) and (2) within 3 days.

31. Temporary Termination of Mayor and Councilors:

When activities to remove mayor or councilor has started or complain of criminal case against him/her has accepted by the court, if appliance power of mayor or councilor seems against interest of municipality or it is indiscreet from administration point view by consideration of prescribed authority government can temporary terminate mayor or councilor by written order.

(2) If temporary termination orders according to sub-section (1) issued, within 30 days of getting the order the temporary terminated mayor will hand over his charge to any member of mayor panel according to seniority. The acting mayor will be in charge until the trail against him/her is over or if the mayor is permanently terminated until new mayor is elected.

(3) If temporary termination orders according to sub-section (1) issued against any councilor, according to decision of municipal parishad any councilor will be in charge until the trail against him/her is over or if the councilor is permanently terminated until new councilor is elected.

32. Removal of Mayor and Councilors. (1) The Mayor and Councilor shall render himself liable to removal from his office if-

a) he, without reasonable excuse, absents himself from three consecutive meetings of the Municipality;

b) he is involves any anti-state activity or punished by court for crime relating moral turpitude.

c) he refuses to perform or becomes physical or mental disabled from performing his functions;

d) he is guilty of misconduct or misappropriation of power;

e) after election, if it is proved that he was disqualified for participate the election according to section 19(2);

f) he, without reasonable excuse, absents himself from nine meetings within annual 12 meetings of the Municipality;

g) he, did not submit account of election expenses or within six months of the submission it is prove that the submitted account is untruth;

Explanation.- In this sub-section, “misconduct” means misuse of power, not to declare property under section 28 or submitted untruth affidavit, actions against rules, corruption, jobbery, favoritism, nepotism and willful maladministration and includes any attempt at, or abetment of, such misconduct.

(2) Government can remove mayor or councilor with causes under sub-section (1), by announcing government gazette.

(3) Before taking final declaration to remove, under specific methods of law, complains should be taken under investigation and mayor or councilor concerned has been given a reasonable opportunity of showing cause against the declaration proposed to be made with respect to him.

(4) A Mayor or councilor shall be removed from his office on any order under sub-section (2) from prescribed authority or after getting final approval of proposal to declare remove under sub-section (3), mayor or councilor shall be immediately removed.

(5) If mayor or councilor is removed from his office under sub-section (1), he can appealed to prescribed authority within 30 days after from date of getting the order.

(6) If it is appealed according to sub-section (5), appeal authority can call a halt to the remove declaration under sub-section (2) until the appeal is not solved. After giving opportunity to give his/her statement the order can be changed, discard or remain unchanged.

(7) Order of prescribed authority under sub-section (6) shall be final declaration.

(8) Notwithstanding anything contained in any other provisions of this Ordinance, a person who has been removed from any office under this section shall not, during the unexpired period of the term of the municipality concerned, be eligible for election for any position to that municipality.

33. Vacation of the Office of Mayor and Councilor and Re-Election. (1) The office of Mayor or Councilor shall become vacant if-

(a) he becomes disqualified for being such Mayor or Councilor under section 19(2); or

(b) he fails to make the oath referred to in section 27 within the prescribed period, or failed to submit affidavit under section 28; or

(c) he resigns his office under section 30; or
(d) he is removed from his office under section 32; or
(e) he is elected parliament member; or

(f) he dies.

(2) Where the office of a mayor or councilor becomes vacant not later than one hundred and eighty days before the term of the municipality is due to expire, an election to fill the office shall be held within ninety days of the occurrence of the vacancy, and the person who is elected in such election shall hold office for the residue of such term.

34. Tender of the Duties and Documents of Mayor- After being election, former elected mayor or panel mayor or any councilor who is acting as mayor shall handover cash money, assets, documents, registers, seals, which was belong to his control, to newly elected mayor, panel mayor or councilor as acting mayor in presence of chief executive officer or in cases, secretary, at determined date, place and time by prescribed authority of the government.

35. Reappoint for the Position of mayor and Councilor- After being declared disqualified or lost his office for being removed from his office of any elected mayor or councilor under this ordinance, if this removal is declared cancel in appeal, he shall reappoint foe the office for the residue of such term.

36. Punishment for Failure- If any mayor, panel mayor or councilor, acting as mayor, failed to tender his charge within prescribed time according to section 34 he will suffer financial punishment for not more than 20000 taka.

37. Rights and Responsibilities of Mayor and Councilors. (1) Mayor and all councilors of any municipality shall reserve the right to take part in the process of taking decision in meetings of the municipality under this ordinance and rules of the ordinance.

(2) Every member of the municipality parishad can raise question and demand explanation from mayor or respective chairman of standing committee under such rules of this ordinance.

(3) Mayor or councilors can draw attention of municipality or respective authority regarding any fault in any project or work which is implementing by municipality or any authority.

(4) According to this ordinance mayor or councilors shall operate activities of municipality for public benefit and shall be responsible to municipality.

38. Non-Confidence Proposal- (1) Proposal of non-confidence can bring to remove any councilor or mayor from his position for without prejudice this ordinance or serious misconduct or being not capable physically or mentally.

(2) To bring proposal of non-confidence by any councilor under sub-section (1), notice should be submit to the prescribed first class officer appointed by the government, defined by the rules, with singing of majority portion of the councilors.

(3) The officer will examine the complains within one month of getting the non-confidence proposal and if the examination find it true, he shall give show cause notice giving ten days tenure.

(4) If the answer of show cause notice is not satisfactory, the appointed officer shall call meeting of councilors to consider the proposal on non-confidence within not more the fifteen days or request the mayor to call meeting and the notice of the meeting will be send to all elected councilors.

(5) In case of proposing non-confidence against mayor, a councilor on priority basis from panel mayor and in case of proposing non-confidence against councilor, mayor of the municipality shall preside the meeting.

But it is conditioned that if mayor is not present or he is not available then on basis of all’s agreement one councilor from present councilors will be selected as chairman.

(6) Appointed officer under sub-section (2) will be present as observer in the meeting.

(7) This meeting which is already called cannot postpone without any cause except which is out of control and the quorum will be formed with half of the elected members.

(8) At the beginning of the meeting chairman will read out the non-confidence proposal and called for open discussion:

But it is conditioned that open discussion or debate cannot postpone without any cause except which is out of control

(9) If open discussion or debate is not finished after 3 hours from starting, vote should be taken by hidden ballot on the non-confidence proposal.

(10) Chairman of the meeting cannot express any comments against nor in support of the non-confidence proposal and he can vote on hidden ballot according to sub-section (9), but the chairman cannot vote for second time or determiner.

(11) Appointed officer will send the non-confidence proposal and minutes of the meeting with result of voting to government immediately after closing the meeting.

(12) If the non-confidence proposal is accepted by two-third of the municipality members, government will declare the position of the mayor or councilor is vacant through announcing by gazette.

(13) If the non-confidence proposal is not accepted by two-third of the municipality members or if the meeting is not placed for shortage of quorum, within six months of that date no notice can be called for any type of non-confidence proposal.

(14) Until six months of receiving charge, no notice of non-confidence can be called against mayor or councilor.

39. Leave of Absence of Mayor and Councilor- (1) A municipality may grant leave of absence to its mayor or councilor for any period not exceeding three months in any one year.

(2) While the office of councilor is vacant or the councilor is on leave or under suspension, the functions of his office shall handover to any nearby councilor.

(3) If any mayor or councilor need leave more than days described in sub-section (1), government can approve the additional leave.

40. Panel of Mayor: (1) Within one month of the first meeting held after the constitution of a municipality, a panel of three mayors shall be elected, in order of preference, by the councilors from amongst themselves.

But it is conditioned that one councilor amongst this panel of three mayors shall be councilor from reserve seat.

(2) While the office of mayor is vacant or the mayor is on leave or under suspension, the functions of his office shall be performed by the councilor whose name is highest in the panel of mayor in order of preference.

(3) While the office of mayor is vacant for resignation, removal, death or any other causes the functions of his office shall be performed by the councilor whose name is highest in the panel of mayor in order of preference.

(4) If any member of panel is declared disqualified under this ordinance or unwilling to take charge for personal cause, any councilor shall be included in panel within not more than one month of expressing his unwillingness.

(5) If mayor panel is not elected from members according to sub-section (1) and (4), government can create mayor panel on need basis.

41. Resignation, Removal Etc. Announced by Gazette: Regarding municipality election, resignation, removal or vacant position of mayor or councilor shall be announced in government gazette by prescribed authority.

42. Appointment of an Administrator in required Circumstances: (1) Where an urban area is declared to be a municipality, the Government shall appoint an Administrator to perform the functions of the Paurashava of that municipality till a Paurashava is constituted in accordance with the provisions of this Ordinance.

(2) The Government may, where necessary, appoint a Committee consisting of such number of members as it deems fit to assist the Administrator in the discharge of his functions.

(3) The Administrator and the members of the Committee, if any, shall respectively exercise the powers of the Chairman and of the Commissioners.

(4) Notwithstanding anything contained in this Ordinance, appointed administrator under sub-section (1) cannot perform this duty more one time or more than 180 days.

43. Certain Persons Deemed to be Councilors: Notwithstanding anything contained in this Ordinance, where a rural area, after being declared an urban area, is included in a municipality, the person elected as Chairman or member from that area to any Union Parishad, shall be deemed to be a commissioner of that municipality.

6^th chapter

MUNICIPAL PROPERTY, CONTRACT, Etc

44. Property of Municipality: (1) The Government may, by rules-

(a) Provide for the management, maintenance, improvement and development of the property belonging to or vesting in Municipality;

(b) Regulate the alienation of such property; and

(c) provide for the compulsory acquisition of such immovable property as may be required by a Municipality for the purposes of this Ordinance.

(d) Apply such type of property for social development for the purposes of this Ordinance or the rules.

(2) A municipality may-

(a) manage, maintain, inspect, develop or improve any property which is owned by or vests in it or which is placed under its charge

(b) Update details of property under its charge by development survey and, if needed, can send a copy of the details and map of that property to government;

(d) Acquire property out of the municipality area, if needed, with the permission of the government for the purposes of this Ordinance or the rules.

45. Acquiring Roadside Land: (1) if municipality need to acquire land nearby road it can acquire that piece of land after taking approval from government and following related rules.

(2) Acquiring land according to sub-section (1), municipality shall bear all expenses under determined rules.

46. Property Management: Municipality may mange its property through following methods, namely:

(a) Movable property can provide lease or sale by open competition according to decision of municipality and immovable property can be use by lease or rent following same process.

(b) municipality can sale or handover any property with pre-order from the government, but have to be sure about that, municipality will be benefitted at this and the property shall not come in any need in fulfilling any aims, duty and responsibility of this ordinance.

(2) Any movable property get from government or any department of government or institute can be sale with pre-order from government.

47. Recovery against Liabilities: Every mayor, councilor, officer or employee of a municipality, and every person charged with the administration of the affairs of a municipality, or acting on behalf of a municipality, shall be liable for the loss, waste or misapplication of any money or property belonging to the municipality which is a direct consequence of his negligence or misconduct and the amount for which he is held liable shall be recoverable.

48. Contract: All contracts made by or on behalf of a Paurashava shall be-

(a) in writing and expressed to be made in the name of the municipality;

(b) executed in such manner as may be prescribed; and

3^rd Part

1^st Chapter

SUPPRESSION OF MUNICIPALITY AND RE-ELECTION

49. Suppression of Municipality and Re-Election-(1) Government can declare suppression on any municipality by gazette notification for following causes, namely –

(a) failed to approve next year’s budget before ending current year.

(b) 75% councilors of the municipality resign

(d) failed to collect 75% of annual defined taxes, rates, tolls or fees levied without acceptable causes.

(2) Suppressing municipality according to sub-section (1) respective municipality should have the opportunity to logical hearing.

(3) In addition to sub-section (1), if any municipality continuously failed to bear its responsibility according to this ordinance and other rules and regulatory or misuse its power, government can suppress the municipality through gazette notification:

But it is conditioned that, before suppressing any municipality, government shall informed the respective municipality about the causes of suppression. Government shall take the final decision after considering objection or explanation, if any.

(4) It will be effective from the date of gazette notification under sub-section (1) or (2) and it will be declared that the office of mayor or councilors will be vacant from the same date. Re-election will be held within prescribe period.

(5) Mayor and councilors of re-formed municipality will be elected for rest over period.

(6) Government shall take initiative according to section 42 (appoint administrator) for intercessory period of suppressing parishad and reformed.

(7) All property and liability of the municipality, appointed administrator under sub-section (6) will bear until new committee is formed and the reformed committee under sub-section (4) will bear for the rest over period.

2^nd Chapter

RESPOSIBILITY AND FUNCTION OF MUNICIPALITY, COMMITTEE, Etc

50. Responsibility and Function of Municipality: (1) Main responsibilities of the municipality shall be –

(a) To provide all types of citizen benefit to citizens of respective area according to established rules under this and other ordinance.

(b) To make articulation between municipal administration and government employees and to take articulated programs.

(c) Infrastructural development, implementation and issuing urban development plan including building control to provide municipal service to the citizen of municipal area.

(d) Maintain security and discipline of citizen.

(2) To fulfill aims of sub-section (1), municipality’s responsibilities shall be –

(a) Water supply for residential, industrial and commercial use.

(b) Water and sanitation.

(d) Issuing plan to ensure economic and social justice.

(e) Construction of road, footpath to develop communication system and construct terminal for the benefit of people’s movement and goods.

(f) Activities under birth and death registration act 2004 (29no, act of 2004).

(g) Traffic management planning for better transport management, passenger shade, road light parking place, bus stand and bus stop for walkers.

(h) Public health and environment conservation, tree plantation and conservation.

(I) Market and slaughter house setup and management.

(j) Create and spread the opportunity and support to sports, games, disport, amusement and increase beautification of the locality. And

(k) Any other functions under ordinance, rules, regulatory or any order from government.

(3) Functions, described above cannot adjourn for the benefit of citizen, if the municipality have not own technical management and financial capacity to perform any functions.

(4) Government shall provide necessary order if any function according to sub-section (1) and (2) is not executed.

(5) Beside these functions, municipality shall perform functions described in second schedule according to its fund.

51. Functions provided by government: Functions, except described in this ordinance, municipality shall perform function as primary education, cure preventing health care, transport, fire control and fire safety and poverty reduction in municipal area etc. any type of charge and function after approval from government.

(2) If the municipality is proposed to execute any other responsibility or function that the government found that is proper, then the government may order to execute through circular announcement.

52. Annual report of Municipality: (1) Municipality shall prepare administrative report on activities of the municipality according to government determined form and method and shall publish this within 30 September of the next year.

(2) Government can adjourn fund of respective municipality if any municipality failed to publish report within determined timeline according to sub-section (1).

(3) Respective officer shall prepare draft administrative report with consult of mayor and shall present this in meeting of the municipal parishad to finalize.

53. Publishing Citizen Charter: (1) Each municipality formed under this ordinance shall publish details of different services, conditions to provide service and to provide service in prescribed time which shall be named as “Citizen Charter”.

(2) Government shall issue guideline regarding ideal citizen charter for municipality and shall keep the right to bring change and elaboration in the guideline with subject to municipality ordinance and rules:

But it is conditioned that government shall inform about this change or elaboration for concern.

(3) Following issues should be included in issuing citizen charter related rules:

a. True and clear details of every services of municipality.

b. Fees of services provided by municipality.

c. Qualification and process to claim and receive services.

d. Defined timeline to provide services.

e. Citizen’s responsibility regarding services.

f. Assurance to provide services.

g. Solution to complaints regarding service providing. and

h. Punishment to break commitment of the charter.

54. Use of advance Information Technology and Good Governance: (1) Every municipality shall use advanced technology to ensure good governance within prescribed timeline.

(2) Government shall provide financial, technical other related support to fulfill aims of sub-section (1).

(3) Municipality shall manage to inform citizens regarding modern services described in citizen charter along with all government services using advanced information technology.

55. Formation of Standing Committee by the Municipality: Bellow mentioned standing committees shall be formed through regulations during the first municipality meeting or work proceedings of any onward meetings and after defining two and half hours tenure, namely:

a. Establishment and finance.

b. Taxation and levy.

c. Accounts and audit.

d. Urban planning, services for citizen and development.

e. Rules and regularities and public security.

f. Communication and Infrastructural development.

g. Women and child.

h. Fisheries and livestock’s.

i. Information and culture.

j. Observation, monitoring and control of prices.

(2) Except these committee municipality can form additional standing committee, specially engaging with non-government organization, such as disaster management, Market management, women development, poverty reduction and slum development, health, water and sanitation, waste removal and handover etc.

(3) There shall be five members in municipality standing committee and chairman and members shall be selected from the councilors of the meeting.

But t is conditioned that mayor shall not be chairman of any committee;

But there is also conditioned that no councilor shall be chairman of more than one committee without decision of the municipality parishad.

(4) In some municipalities, where, separated committee cannot form because of shortage of elected members, there shall be one committee for more than one issue.

(5) In every standing committee there shall be not less than 40% female members.

(6) In every standing committee, mayor shall be member by designation and mayor shall be chairman of the committee of Rules and regulatory and public security.

(7) Chairman and member of this standing committee can resign from his position by written letter and this letter shall be addressed to mayor. Resignation shall be effective from the date of receiving letter.

(8) If any member of the standing committee is supposed to absent for more than two months for unavoidable circumstances, municipality parishad can take decision to give responsibility to any other councilor.

(9) For the benefit, committee can co-opt a person as member who is expert of the respective issue.

(10) The co-opt member will not have polling right for taking decision in the meeting.

56. Function of Standing Committee: (1) Functions of the standing committee will be defined with sub-acts. But until sub-act is not issued general meeting of the municipality will define the functions.

(2) Suggestion of the standing committee will be discussed in next municipality meeting. And if any suggestion is not granted, municipality will inform the standing committee in written the appropriation and cause for being not granted.

(3) Every activity of this standing committee will be finalized after approval of the municipality.

57. Citizens Presence in Meeting: If any expert person or any citizen or citizens express interest to be present in any meeting, municipality or standing committee or other any committee can permit him to be present and he can raise his opinion. Committee can take decision or suggestion according his opinion.

58. Interest Related issues of Mayor and Councilors: (1) Members cannot take part in any meeting where they have behavior or finance related involvement of his own as a member of standing committee or any committee.

(2) Discussion and decision of any meeting of municipality or any committee should be written and preserved with signature of every member and the written documents should be signed by mayor or chairman. If needed, (where it is needed) should be raised in next meeting for agreement.

(3) Meeting minutes under sub-section (2) should written within not more than 14 days of held the meeting and should be preserved for concerned of respective members of municipality. Any person can collect a copy of this minute by paid of defined fess.

59. Combine Development of the Municipality: To ensure development activities and other issues with engaging peoples of respective municipality area one or more committee shall be form, which’s formation and activities will be guided by the rules.

60. Engineering Works: Government can regulate relating issues regarding engineering planning, proposal, approval process and implementation functioned by municipality.

61. Records, Reports Etc. Preservation- A Municipality shall –

(a) Preserve records of its activities as may be prescribed;

(b) Prepare and publish such periodical reports and proceedings may be prescribed;

(c) Adopt such other measures as may be necessary, or may be specified by the Government from time to time, for the publication of information about the working of the municipality.

3^rd Chapter

EXECUTIVE POWER AND CONDUCT OF BUSINESS

62. Executive Power and Conduct of Business: (1) The executive powers of a municipality shall extend to the doing of all acts necessary for the due discharge of its functions under this Ordinance.

(2) The executive powers of a municipality shall vest in and be exercised by its mayor, councilors or through other officer.

(3) All acts of shall be expressed to be taken in the name of the municipality.

(4) The proposal to vesting executive powers according to sub-section (2) to speedup municipality’s regular services shall be approved by the municipality and municipality keep the right to bring any change there. It shall be finalized by a special meeting.

63. Municipality Meeting and Execution of Functions: (1) Municipality shall conduct at least one meeting per month and the meeting shall be presided by mayor or, in cases, panel mayor.

(2) Generally the meeting of the municipality shall call by mayor or in his absence, by the Panel mayor.

(3) The quorum shall be form with presence of 50% of councilors. If quorum is not formed in any meeting then chairman of the meeting can postponed the meeting or can wait for an appropriate length period. If quorum is completed then meeting can proceed.

(4) If meeting is postponed according sub-section (3), discussion of the meeting shall be discussed in next meeting. For this, quorum is not needed.

(5) If there is no opposite in the ordinance regarding the discussed issue, decision will be taken according to the vote of majority and chairman of the meeting will inform clearly regarding the decision is accepted or not according to the vote of majority.

(6) Present councilors will express their agreement by raising hand:

But it is conditioned that, if municipality need to take decision by voting in hidden ballot, then decision shall be taken following that.

(7) In the discussed issues if it is needed the concern of expert person regarding technical and important issues, municipality can invite one or more expert on related issues for their opinion.

64. Opinion of Standing Committee and Consideration of Decision: Budget of municipality, taking project under annual development program, creating master plan, appointment employees, conduct different types of contract etc. shall be decided after opinion and decision of respective standing committee.

65. Regarding Personal Financial Involvement of Councilors: (1) If any councilor have any possibility to be financially benefited directly or indirectly by the decision of the meeting or anybody’s interest is involved, then the respective councilor will inform the committee prior of the meeting and he will not present in the meeting.

But it is conditioned that this will not be effective for meeting relating taxation or any service of the municipality.

(2) If any councilor or any of his dependent family member is involvement with business institute or employee under anybody and the business institute or the person have possibility to be benefited by contact from municipality then he will inform this to secretary, or in cases, to chief executive officer by written.

(3) Secretary, or in cases, to chief executive officer shall deliver and preserve the issue to inform all other councilors.

66. Participation of secretary or chief executive officer in the meeting: Secretary or chief executive officer or powered officer by him can attend meeting of municipality or any other committee as supporting officer.

67. Discussion on Public Important Issues: Councilors can send written notice to secretary or, in some cases, chief executive officer to call meeting on any important issue. He can also mention the issues needed to discuss clearly.

(2) This type of notice have to be supported by other two councilors and the notice have to send to respective officer before 48 days from the date when it is proposed to discuss. After getting this type of notice, secretary or, in cases, chief executive officer will send the notice to mayor immediately.

(3) If it is seemed important to mayor, he will take necessary attempt to discus:

But it is conditioned that if majority portion (51%) of the present members thinks it is important, then it will be discuss.

(4) No more than two issues will be discussed in a single meeting.

68. Right to have Information Access by the Councilors: (1) Any councilor shall be entitled to know any important information regarding municipality development activity and administration and to collect the defined information he will send notice to secretary or, in cases, chief Executive officer before not less than 24 hours of meeting held.

(2) Mayor shall give a primary speech on the issue on the same day or shall give a detail speech on any day of next.

69. Documentation of Meeting Minutes and Record etc: (1) Councilors name should be mentioned the meeting minutes that were present there and the minutes should record in a binding book. Every minute should approved by the next meeting and after being approved the minutes should sent to government within 14 days.

(2) Every meeting minute should be deliver to every councilor and if it is not secrete then it should be displayed in a specific place.

(3) Copy of the minutes can deliver to any citizen by paying defined fees if it is not secrete.

(4) Every minute of the meeting should record to maintain the above purpose and will be written in a register.

70. Function Execution Related Regulations: Government shall issue rules relating function of municipality and its committee.

71. Validity of Taken Decision: (1) Decision of municipality or any of its committee will not invalid for following reasons:

(a) If any position is vacant or if there is any fault in forming committee of municipality or any other committee in primary or next stages.

(b) If any councilor participate and cast his vote avoiding rules of this ordinance.

(2) If there is no any opposite rules of this ordinance, decisions of municipality or any other committee accepted according to this ordinance shall be declared that there is no fault or irregularity.

(3)Any function or decision of municipality will not invalid for, if any position was vacant or there was fault in forming municipality committee or any member has no right to vote or participate any meeting.

4^th Chapter

Officers and employees of municipality, provident fund etc.

72. Municipality Service: (1) There shall be constituted a Municipality Service in such manner and subject to such conditions as may be prescribed.

(2) The Government may from time to time specify the posts in the Municipality which shall be filled by persons belonging to the Municipality Service.

73. Officers and Employees of Municipality: (1) The specified authority may, on the prescribed terms and conditions, appoint a secretary and one or more principal officers for a Municipality who shall perform such functions as are assigned to them in relation to such Municipality by or under this Ordinance.

(2) A Municipality may, and if so required by the specified authority shall, on the prescribed terms and conditions, appoint such other employees as are deemed necessary for the efficient performance of its functions under this Ordinance.

(3) Service conditions of the officers and employees mentioned in sub-section (1) and (2) shall be defined through regulations.

(4) Subject to the provisions of this Ordinance and the rules,-

(a) The specified authority may suspend, remove, dismiss, or otherwise punish any person appointed under sub-section (1);

(b) The Municipality may suspend, remove, dismiss, or otherwise punish any person appointed under sub-section (2).

(5) The specified authority may transfer any of the persons appointed under sub-section (1) and sub-section (2) from one Municipality to another Municipality within its jurisdiction.

74. Chief Executive Officer: (1) Notwithstanding anything contained in section 72, there shall be a Chief Executive Officer for such Municipality as the Government may direct.

(2) The Chief Executive Officer shall be appointed by the Government, on such terms and conditions as may be prescribed.

(3) Where an Officer is appointed under sub-section (1) for a Municipality, he shall be the principal executive officer of the Municipality, and all other officers and employees of the Municipality shall be subordinate to him.

(4) The Chief Executive Officer shall have the same right of being present at any meeting of the Municipality or of any committee thereof and of taking part in the discussions thereat as if he were a commissioner or a member of such committee, and may, with the consent of the person presiding at the meeting, make a statement or an explanation of facts, but he shall not vote upon, or move, any motion at such meeting.

75. Governments Power to involve Government Officers and Employees to Municipality: (1) Under prescribed condition to conduct general or special charges of the municipality government can appoint officers or employees to municipality for a certain period; those transferred staffs will perform under general supervision of the municipality.

(2) If disciplinary action has to against transferred officers and employees under sub-section (1), municipality will send a report to respective employer of the staffs on basis of primary investigation.

(3) Transferred officers and employees under sub-section (1), will perform other defined functions as staff of municipality along with given responsibilities upon them.

(4) Transferred officers and employees under sub-section (1), will perform to implement government project, planning etc which are not handover to municipality by act or rules.

(5) Until municipality have the capability to bear its expenses, government will bear the salary of transferred officers and employees under sub-section (1).

76. Provident Fund, etc: (1) A Municipality may establish and maintain a Provident Fund and require any of its officers or employees to contribute to such Fund, and may itself contribute to it in such manner and proportion as may be prescribed.

(2) A Municipality may, in the prescribed manner, and with the previous sanction of the Government, provide for the payment of gratuity to its officers and employees after retirement and this gratuity fund will only used to pay staffs payment under rules.

(3) A Municipality may, with the previous sanction of the Government, grant a special gratuity to the family of any officer or employee who dies of disease or injury contracted or suffered in the discharge of official duties.

(4) A Municipality may, in the prescribed manner, operate a scheme of social insurance for its officers and employees and require them to subscribe to it.

(5) A Municipality may, in the prescribed manner, establish and maintain a Benevolent Fund out of which shall be paid any special gratuity granted under sub-section (3) or such other relief as may be prescribed.

6) The Municipality shall contribute to the Funds established and maintained under sub-section (5) in such proportion or such amount and in such manner as may be specified by the Government.

77. Service Related Matters to be Defined: The Government may, by rules,-

(a) prescribe the conditions of service of the officers and employees of the Municipality;

(b) prescribe the grades of pay for the officers and employees of Municipality;

(c) prescribe a schedule of establishment setting forth the staff that shall be employed by a Municipality;

(d) prescribe the qualifications for various posts under Municipality;

(e) prescribe the principles to be followed in making appointments to various posts under Municipality;

(f) prescribe the method for the holding of enquiries in cases where disciplinary action is proposed to be taken against officers and employees of Municipality, and provide for penalties and appeals against orders imposing penalties; and

(g) provide for other matters necessary for the efficient discharge of their duties by the officers and employees of Municipality.

78. Regarding Elected Public Delegates and Officers or Employees of the Municipality- (1) For the purpose of ensuring right and professional freedom of Officers and Employees of the Municipality, the Government shall implement a Code of Conduct that define relation between elected public delegates and officers or employees under controlled or placed in the municipality.

(2) Opinion of present officers in any meeting of municipality should be mentioned in the meeting minutes.

(3) The elected public delegates and officers or employees under controlled or placed in the municipality, shall respect each other and avoid any type of indecorous behaviors.

(4) The Government may inspect or seize essential action against any complain that disobey the code of conduct by the elected public delegates.

(5) Though the municipality provides verbal directions to the elected officer or employee to execute any function, but the written document should be submitted prior to conduct such function.

5^th Chapter

REGISTRATION OF TUTORIAL SCHOOL, COACHING CENTER, PRIVATE HOSPITAL, Etc

79. Registration of Tutorial School, Coaching Center, Private Hospital, and Paramedic Institutes etc: (1) On the date of the enforcement of this law or afterwards, any tutorial school, coaching center, private hospital or clinic, Para-medic institute that run personally or privately in Municipality area shall not be continue without having registration from the corporation.

(2) Municipality can register any tutorial school, coaching center, private hospital or clinic, Para-medic institute after following government rules on this regard.

(3) ) After getting application under sub-section (2) municipality shall give registration of that institute after the inspection found satisfactory, monthly fees of that institute shall be defined.

(4) The tutorial school, coaching center, private hospital or clinic, Para-medic institute shall be considered as registered while those institutes would be running on the date of the enforcement of this law and applied for registration within municipality.

(5) Registration of registered institute under sub-section (3) and (4) should be renewed after paying defined fees.

80. Punishment of Registration Failure- Such person shall be fined five thousand taka, if he still establish or run any tutorial school, coaching center, private hospital or clinic, Para-medic institute etc without having registration or after being rejected from the registration, and if the respective institution or hospital is a continuing, with a further fine which may extend to two years prison with work and five hundred Taka for each day after the date of the offender has been fined.

81. Fee Collection by the Municipality: Municipality can collect government defined fees from registered and running tutorial school, coaching center, private hospital or clinic, Para-medic institute etc within its territory.

82. Re-registration- (1) Any tutorial school, coaching center, private hospital or clinic, Para-medic institute etc that are rejected from registration except the condition under 79 (4) and punished for fine under section 80, may apply for re-registration with mentioning cause in defined rules within six months of being fined and with two times more fine.

(2) If application for re-registration under sub-section (1) found satisfactory, the municipality may re-register such institution.

But it is conditioned that such institute will not get the chance to re-registration for more than one time.

4th Part

1^st Chapter

CALL FOR RECORDS, INSPECTION, Etc

83. Power to Call for Records: The Government, at any time from the municipality authority may call for -

(a) Any record or any other documents;

(b) Correspondence, plan, proposal, written speech, accounts or statistics;

And municipality is bound to obey this order.

84. Inspection Power of the Government Defined Officer - The Government may depute any officer to inspect or examine any department or office of the municipality or any service or work undertaken by the municipality or any property belonging to the municipality and to report there on;

85. Power to Order the Municipality by the Government: (1) To fulfill the aims of this ordinance, government can give order to any municipality or any person or authority to take necessary attempts within prescribed timeline.

(2) After being investigation, if government thinks that any municipality or any person or authority according to sub-section (1) failed to perform the order; it can appoint such type of authority or person, to perform that type of order. Government can order municipality to bear expenses relating this.

(3) If, such type of expenses is remaining unpaid, defined authority can order municipality to pay depositors or to pay possible amount of installment from municipality fund.

86. Municipality Activity related Power to Apply: If government thinks that any activities performed or proposed to perform by any municipality or any party behalf of municipality is not incompatible with ordinance or is against of public benefit, then prescribed authority may –

(a) Cancel the activity;

(b) Implement any project accepted by municipality or adjourn any order which was given.

(d) Order municipality to take necessary attempts in these cases.

(2) If any prescribed authority gives any order under sub-section (1), respective municipality can appeal against the order within thirty days of getting the order to government; and government can continue or bring correction or cancel the order.

87. Right of the Government to Provide Directions and Inspection- (1) Notwithstanding anything contained in this law, the Government, with consistency of the state policy, may provide direction to the municipality in such issues related to financial management, officer and employee management, compose of different types of projects and selection of interest consumers, conduct of meeting proceedings of the municipality and ward etc.

(2) One or numerous Government officers, appointed by the Government for any complain on project implementation or financial or any other irregularities of the municipality, shall inspect and the respective municipality shall assist on that inspection.

(3) After the inspection takes place in accordance of sub-section (2), the Government may, if necessary, seize action against the liable person, officer, employee or the municipality under the regulations of this law.

88. Order to the Municipality to Seize Attempts in any Issue: If, after consideration of anything requisitioned under section 83 or of any report under section 84, the Government is of opinion that any action taken is unlawful or irregular or any duty imposed on the municipality by or under this Ordinance has not been performed or has been performed in an imperfect, insufficient of unsuitable manner; or that adequate financial provision has not been made for the performance of any duty; the Government may, by order, restrain the municipality from performing the act or direct the municipality, 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 municipality 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 municipality an opportunity of showing cause why such order shall not be made.

2^nd Chapter

FINANCIAL MANAGEMENT, BUDGET AND ACCOUNT

89. Source of Fund: (1) There shall be a fund for the respective municipality which shall be known as the municipality fund.

(2) To the credit of the municipality fund formed under sub section (1) shall be placed-

(a) The balance of such rest over fund as on the coming into force of this Ordinance;

(b) The proceeds of all taxes, rates, tolls, fees and other charges levied by the municipality;

(c) All rents and profits payable or accruing to the municipality from the property vested in or managed by the municipality;

(d) All sums received by the municipality in the performance of its functions under this Ordinance or under any other law for the time being in force;

(e) All sums contributed by individuals or institutions or by any local authority;

(f) All receipts accruing from the trusts placed under the management of the municipality;

(g) All grants made by the Government and other authorities;

(h) All profits accruing from investments; and

(i) Such proceeds from such sources of income as the Government may direct to be placed at the disposal of the municipality.

90. Application of Corporation Fund. (1) The following expenditure shall be charged on a municipality fund, namely:-

(a) all sums to be paid to, or in connection with employment of, any Government servant or any member of the Local Parishad Service who is or has been in the service of the municipality;

(b) all sums as the municipality may be required by the Government to contribute towards the conduct of elections, the maintenance of the municipality Service, the auditing of accounts, and such other matters as may, from time to time, be specified by the Government;

(c) Any sum required to satisfy any judgment, decree or award against the municipality by any Court or tribunal; and any expenditure declared by the Government to be so charged.

(2) If any expenditure charged on a municipality fund is not paid, the Prescribed Authority may, by order, direct the person or persons having the custody of the municipality fund to pay such amount, or so much thereof as may, from time to time, be possible from the balance of the municipality fund.

91. Custody, investment and Establishment of Special Funds: (1) The moneys credited to a municipality fund shall be kept in a Government treasury, or 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) A municipality may invest any portion of its fund in such manner as may be prescribed.
(3) A municipality 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 prescribed.

(4) The moneys from time to time credited to a municipality fund shall be applied in the following order of preference:-

(a) in the payment of salaries and allowances to the officers and employees of the municipality;
(b) in meeting the expenditure charged on the municipality fund under this Ordinance;
(c) in meeting expenditure declared by the municipality, with the previous sanction of the Prescribed Authority, to be an appropriate charge on the municipality fund; and
(d) in meeting the expenditure declared by the Government to be an appropriate charge on the municipality fund.

92. Budget: (1) Every Municipality shall, in the prescribed manner, prepare and sanction, before the commencement of each financial year, a statement of its estimated receipts and expenditure for that year, hereinafter referred to as the budget, and forward a copy thereof to be Prescribed Authority.

(2) Considering peoples opinion and suggestion in proposed budget under sub-section (1) municipality will send copy of approved budget to divisional commissioner or any authority prescribed by government or any other authority before 30 days of expiring the current financial year.

(3) If the budget is not prepared or sanctioned by the municipality before starting financial year 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.

(4) Within thirty days of the receipt of the copy of a budget under sub-section (1), the Prescribed Authority may, by order, modify it, and the budget so modified shall be deemed to be the sanctioned budget of the Municipality.

(5) 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, subject to provisions of this section.

93. Accounts- (1) Accounts of the receipts and expenditure of the municipality shall be kept in the prescribed manner.

(2) An annual statement of the accounts shall be prepared after the close of every financial year.

(3) A copy of the annual statement of accounts under sub section shall be placed at a conspicuous place in the office of the municipality for public inspection, and all objections or suggestions concerning such accounts received from the public shall be considered by the municipality.

94. Audit- (1) The accounts of the municipality shall be audited by any authority from panel which is approved by capable audit authority.

(2) Every municipality should be audited within the prescribed gap;

(3) The audit authority shall have access to all the books and other documents pertaining to accounts, and may also examine the mayor or councilor, officer or employee of the municipality concerned.
(4) On the completion of audit, the audit authority shall submit to the Prescribed Authority an audit report which shall, among other things, mention-

(a) cases of embezzlement;
(b) cases of loss, waste or misapplication of the Municipality Fund;
(c) cases of other irregularities in the maintenance of accounts; and
(d) the names of the persons who, in his opinion, are directly or indirectly responsible for such embezzlement , loss, waste, misapplication or irregularities according to sub-section a, b and c.

(5) Audit authority shall give the report to municipality authority and send a copy of the report to government.

(6) Municipality will immediately take attempts for the issues of irregularity that were identified by the audit authority and inform this to the audit authority and the government.

(7) Audit and Account committee of the municipality shall audit the account of annual income and expenditure for once a year and a report on this shall present in the general meeting.

3^rd Chapter

Infrastructural Services

95. Infrastructural Service Related Project: (1) whatever existing in this ordinance, the municipality can execute the funding, implementation, maintenance and conduct related service activities of a project through the context of environment, development planning, project implementation, maintenance, conduct and management related regulations of other acts, and through the shared contract with any government and non-government institutions to perform the provided duties under this ordinance.

96. Type and Variety of Contracts to Participate in Non-Government Sector: (1) to ensure the municipality infrastructural services, the municipality may execute contracts with non-government sector through defined procedure.

(2) With respect of above mentioned sections, the municipality shall bond in below mentioned contracts, namely:

Construction, ownership and tender;
Construction, ownership, conduct and maintenance;
Construction and tender;
Construction, levy and tender;
Construction, tender and conduct;
Levy and management;
Management;
Rehabilitation, conduct and tender;
Rehabilitation, ownership and conduct;
Service provide contract;
Supply, conduct and tender.

97. Municipality and Other Institution Activity: in favor of municipal citizens, the municipality may seize bellow mentioned two methods to implement such projects that are related with municipality environmental infrastructures such as: water supply, water management and sanitation, waste management, roads and industrial infrastructure:

a. Through own fund of the municipality; or

b. Through shared contracts with government or non-government.

4^th Chapter

Municipal Taxation

98. Municipal Taxation- The municipality, 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 Third Schedule.

But it is conditioned that municipality will take government approval for new taxation.

99. Notification and Enforcement of Taxes- All taxes, rates, cesses, tolls and fees levied by the municipality shall be notified in the official Gazette and, unless otherwise directed by the Government, shall be subject to previous publication shall come into force on such date.

100. Model Tax Schedules- The Government may frame model tax schedules, and the taxation in model shall be sample for all municipalities.

101. Directions with Regard to Levy of Taxes- (1) The Government may the municipality to-

(a) Order to levy any tax, rate, cess, toll or fee under section 98;

(b) Order to define any such tax, rate, cess, toll or fee, or the assessment; or

(c) Order to exempt any person, person or property from the levy of any such tax, rate, cess, toll or fee or suspend or abolish the levy of any such tax, rate, cess, toll or fee.

102. Liability on Account of Taxes- (1) The municipality may, by notice, call upon any person to furnish such information, produce such record or accounts, or to present such person or goods liable to any tax, rate, cess, toll or fee, as may be necessary for the purpose of determining the liability of such person or goods to a tax, rate, cess, toll or fee, or the assessment thereof.

(2) Any officials of the municipality authorized 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 therein liable to any tax.

(3) Any official of a municipality authorized in this behalf may, in the prescribed manner, seize and dispose of any goods on which any urban tax, terminal tax or toll is due and is not paid.

103. Collection and Recovery of Taxes: (1) All taxes, rates, tolls and fees levied under this Ordinance shall be collected in the prescribed manner.

(2) All arrears of taxes, rates, tolls and fees and other moneys claimable by a municipality under this Ordinance shall be recoverable as a public demand.

(3) Notwithstanding the provisions of sub-section (2), the Government may empower any municipality to recover arrears of taxes, rates, tolls, fees and other moneys claimable by the municipality 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.

104. Evaluation, Taxation, Petitions against Valuation: (1) Tax, rate, toll or fee or valuation, thereof, or the liability of a person to be so taxed, shall be called in question except to mayor within prescribed period.

(2) After getting a petition under sub-section (1); mayor shall sent it to respective permanent committee and it will take necessary attempts after receiving hearing. The decision of the committee shall b consider as final.

105. Deduction of taxes form salaries: If a municipality 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 of the person concerned and credited to the Municipal Fund.

But it is conditioned that the amount so deducted shall in no case exceed ten per cent of the salary or wages.

5^th Chapter

OTHER LOCAL AUTHORITIES, OFFENCES AND PUNISHMENT

106. Joint Committee: Any municipality may join any other municipality or municipalities, or any local parishad or parishads, or any other local authority or authorities, in appointing a Joint Committee for any purpose in which such municipalities, parishads or authorities may be jointly interested.

107. Disputes between Municipalities and Local Parishads: If any dispute arises between two or more municipalities, or between a municipality and a local parishad, the matter shall be referred-
(a) to the Divisional Commissioner, if the parties concerned are within the same division, and

(b) to the Government, if the parties concerned are in different divisions, or if one of the parties is a Cantonment Board, and the decision of the Divisional Commissioner or the Government, as the case may be, shall be final.

108. Offences: Every act or omission specified in the Fourth Schedule shall be an offence under this Ordinance.

109. Punishment: An offence under this Ordinance shall be punished with fine which may extend not more than two thousand taka, and if the offence is a continuing one, with a further fine which may extend not more than two hundred taka for every day after the date of the first commission during which period the offender has persisted in the offence.

110. Compounding of Offences: The Chairman, or any person generally or specially authorized by the Prescribed Authority in this behalf, may compound any offence under this Ordinance.

111. Cognizance of Offences: No Court shall take cognizance of any offence under this Ordinance except on a complaint in writing received from the mayor, or a person generally or specially authorized by the municipality in this behalf.

6^th Chapter

RIGHT To INFORMATION

112. Right to Information: (1) every citizen of Bangladesh have the right know any information of municipality according to describe method under the rules of current ordinance.

(2) Notwithstanding the provisions of sub-section (1), for public benefit and security of local administration the Government may classify any record or documents as notified record through gazette declaration.

(3) Application can be denied to know special classified records or documents described as that.

(4) Government may order municipality to publish a carry able list of information for peoples of the locality, as general or special order.

5^th Part

1^st Chapter

LAW-DISCIPLINE

113. Support from Police to the Municipality: Officer in charge and other subordinate officer and staffs in municipality area-

(a) Will support municipality according to rules of fifth schedule to establish rules of this ordinance and law and discipline of municipality area.

(b) Will support municipality to play the order of any magistrate appointed under the rules of this ordinance.

(2) Responsibilities of every police officer shall-

(a) to inform mayor or secretary or, in cases, chief executive officer about any attempts or conduct offences, mentioned in this ordinance without any delay.

(b) to support mayor, secretary or any other officer to perform legal responsibilities on the basis of written request from them.

(3) It shall be punishable offenses to deny or to disagree to play the responsibility according to sub-section (1) and (2).

114. Appointment of Municipal Police: (1) Government may appoint municipal police through gazette declaration, and their appointment, training, discipline and other condition of service shall be controlled with rules and government shall appoint a capable officer through deputation operate them.

(2) Municipal police will charge the responsibilities described in fifth schedule and surveillance the law and discipline of the area with close connection with the local police force.

(3) To check offenses to break this and other ordinance, government may give magisterial power to secretary or, in cases, chief executive officer or can appoint chief magistrate through deputation.

(4) If it is needed to ensure security of any ward or part of any ward, Mayor can give written direction to any matured, sound person of the locality for specific period to round the locality.

2^nd Chapter

MISCELLANEOUS

115. Dialogue with the People of Municipal Area: (1) In every municipality, the elected municipality shall form a committee with members not more than 50 to dialogue with community people issues relating services and others.

(2) In the meeting with the committee under sub-section (1) members shall have the opportunity to express their opinion relating different services and development works along with defining taxation and recovery.

116. Training Institute: (1) The Government may set up institutions for the training of the mayor, councilors and staff of municipality, for the promotion of research in local government in urban areas and allied subjects.

(2) To fulfill the aims under sub-section (1), municipality may administrate such institutions; training of mayor, councilors and staff of municipality; the courses to be studied; and for the holding of examinations and the award of diplomas and certificates to successful candidates.

(3) Every municipality shall pay towards the cost of the institutions set up under sub-section (1) from municipality fund.

117. Encroachments: (1) No person shall make an encroachment, movable or immovable, on, over or under a street, drain or a public place.

(2) Subject to by-laws, a municipality 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 municipality may cause the encroachment to be removed through its own agency; and the cost incurred thereon by the municipality shall be deemed to be a tax levied on the person responsible for the encroachment under this Ordinance.

(3) Notwithstanding anything contained in any other law, no compensation shall be payable for any encroachment removed or required to be removed under this section.

118. Appeal Order: (1) Any person aggrieved by an order passed by a Municipality or its mayor 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.

119. Standing Orders: The Government may, by Standing Orders issued from time to time-

(a) define and regulate the relations of municipality inter se, and with local parishads and other local authorities;

(b) provide for co-coordinating the activities of municipality and Government departments;

(c) provide for giving financial assistance to municipality, including the making of grants for specified purposes, on specified terms and conditions;

(d) provide for the making of financial contributions by one municipality to another municipality or to any other local authority; and

(e) provide for the general guidance of municipality in carrying out the purpose of this Ordinance.

120. Power to Make Rules: (1) To carry out the purposes of this Ordinance-

(a) The Government may make rules under article (b) through notification gazette.

(b) The Government may make rules through notification gazette relating election of mayor and councilors, manners for candidates, election conflict, and offenses relating election, punishment for offenses, implementation and activities relating these.

(2) In particular and without prejudice to the generality of the foregoing power under sub-section (1), Government may provide for all or any of the matters enumerated in the Sixth Schedule, and all matters incidental, consequential and supplemental thereto.

121. Power to Make Regulations- (1) The Government may make regulations, which will not contradicts with ordinance or any section of the ordinance, for carrying out the purposes of this Ordinance through prior approval from government.

(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 Seventh Schedule, and all matters incidental, consequential and supplemental thereto.

122. Power to Make by-Laws: (1) A municipality may, and if so required by the Government shall, make by-laws, not inconsistent with 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 Eighth Fourth Schedule, and all matters incidental, consequential and supplemental thereto.

123. Delegation of Powers: (1) The Government may, by notification in the official Gazette, delegate all or any of its powers under this Ordinance or the rules to a Divisional Commissioner or any other officer subordinates to it.

(2) A Divisional Commissioner may delegate his powers to any officer subordinate to him.

124. Licenses and Sanctions: (1) Wherever it is provided in this Ordinance, or the rules or by-laws that the permission or sanction of a municipality shall be necessary to the doing of any act, such permission or sanction shall be in writing.
(2) Every license, sanction or permission granted by or under the authority of a municipality shall be signed by any officer of the municipality who are powered by the mayor.

125. Records to be Public Documents: 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.

126. Public Servants: Every mayor, councilors, officer and employee of a municipality, and every other person duly empowered to act on behalf of a municipality, shall be deemed to be a public servant within the meaning of section 21 of the Penal Code.

127. Protection of Action Taken in good Faith, etc: No suit, prosecution or other legal proceedings shall lie against the Government or any municipality or against any person authorized by either, for anything which is in good faith done or intended to be done under this Ordinance or the rules, by-laws or regulations or for any damage caused or likely to be caused by any such thing.

3^rd Chapter

TRANSITIONAL AND TEMPORARY PROVISIONS

128. Municipalities and Wards for First Elections: all the municipalities in existence immediately before the commencement of this Ordinance shall be deemed to be municipalities declared under section 4; unless there is exception order from government.

129. Certain Matters to be Prescribed: 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.

130. Removal of difficulties: 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 such orders shall not be made after two years expiration of the effectiveness of this Ordinance.

131. Repeals and Savings: On the coming into force of this Ordinance, the Paurashava Ordinance, 1977 (Ord. No. XXVI of 1977 hereinafter referred to as the said laws, shall stand repealed.

(2) Upon the repeal of the said laws,-

(a) Notwithstanding anything contained in this Ordinance, until the municipalities are constituted under this Ordinance,-

(i) the municipalities functioning immediately before such repeal shall discharge the functions of, and be deemed to be, the municipalities constituted under this Ordinance;

(ii) the person holding office as Administrator of any municipality before such repeal shall continue to hold such office;

(b) all rules, regulations, by-laws or orders made, notifications or notices issued, or licenses or permissions granted under the said laws, and in force immediately before such repeal, shall, in so far as they are not inconsistent with the provisions of this Ordinance, continue in force and be deemed to have been respectively made, issued or granted under the provisions of this Ordinance until they are repealed or amended under the said provisions;

(c) all assets, rights, powers, authorities and privileges, and all property, movable and immovable, cash and bank balances, funds, investments and all other rights and interests in, or arising out of, such property of the municipalities, subsisting immediately before such repeal shall stand transferred to and vest in the successor municipalities;

(d) all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the municipalities before such repeal shall be deemed to have been incurred, entered into or engaged to be done by, with or for the successor municipalities;

(e) all budget estimates, assessments, valuation, scheme or plans made by the municipalities before such repeal shall, in so far as they are not inconsistent with the provisions of this Ordinance, continue in force and be deemed to have been made under the provisions of this Ordinance, by the successor municipalities until they are amended or superseded under the said provisions;

(f) all taxes, rates, tolls, fees and sums of money due to the municipalities before such repeal shall be deemed to be due to the successor municipalities under this Ordinance;

(g) all taxes, rates, tolls, fees and other charges levied by the municipalities before such repeal shall, until they are varied by the successor municipalities, continue to be levied at the same rate at which they were levied by them immediately before such repeal;

(h) all officers and employees of the municipalities shall stand transferred to and become officers or employees of the successor municipalities and shall hold office or service in the municipalities on the same terms and conditions as were enjoyed by them immediately before such repeal and shall continue to do so until such terms and conditions are duly altered;

(i) all suits, prosecutions and other legal proceedings instituted by or against the municipalities before such repeal shall be deemed to be suits, prosecutions and proceedings by or against the successor municipalities and shall be proceeded or otherwise dealt with accordingly.

(3) For the purpose of sub-section (2), a Municipality shall be deemed to be the successor of the Municipality of the Municipalities for which the Municipality is, or is deemed to be, constituted.

(4) Local Government (Municipality) Ordinance, 2008 (Ord. No. 17 of 2008) hereinafter referred to as the said laws, shall stand repealed.

(5) Orders, functions, taken attempts and elections shall be deemed to be due to Orders, functions, taken attempts and elections under this Ordinance;

1st Schedule

(See Section 27)

Oath/Declaration

I …………………………………………. Father/husband ………........……………………

Zila (District) …………………………………………………………………………………

For being elected municipality mayor/councilor, with due respect I am taking oath that I will perform my duties and responsibilities with honesty, impartiality and trust according to ordinance without being influence by any type of fear, grace, sympathy, antipathy. I will keep true believe and loyalty to Bangladesh.

2^nd Schedule

(See Section 50-71)

DETAIL FUNCTIONS OF THE MUNICIPALITY

PUBLIC HEALTH

1. Responsibility for Health Systems

A municipality shall be responsible for the health of the municipality and for this purpose; it may cause such measures to be taken as are required by or under this Ordinance.

2. Insanitary Buildings

(1) A municipality may, by notice, require the owner or occupier of any building or land which is in an insanitary or unwholesome state-

(a) To clean or otherwise put it in a proper state;

(b) Not to keep it unhealthy;

(d) To take such other steps in regard to such building or land as may be so specified.

(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 municipality may cause the necessary steps to be taken at the expense of the owner or occupier, and the cost so incurred by the municipality shall be deemed to be a tax levied on the owner or occupier under this Ordinance

3. Waste Removal, Collection and Management

(1) A municipality 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 municipality and for the collection and proper disposal of such refuse.

(2) The occupiers of all other buildings and lands within municipality shall be responsible for the removal of refuse from such buildings and lands subject to the general control and supervision of the municipality.

(3) The municipality may cause public dustbins or other suitable receptacles to be provided at suitable places and in proper and convenient situations in streets or other public places, and where such dustbins or receptacles are provided, the municipality 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 municipality or under their control and supervision and all refuse deposited in the dustbins and other receptacles provided by the municipality shall be the property of the municipality.

4. Public Toilet

(1) A municipality 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 may latrine or urinal pertains shall keep such latrine or urinal in a proper state to the satisfaction of the municipality and shall employ such staff for the purpose as may be necessary or as may be specified by the municipality.

(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 municipality by notice require the owner of such premises-

(a) To make such structural or other alterations in the existing privy or urinal accommodation as may be so specified;

(b) To remove the privy or urinal; and

(c) Where there is an underground sewerage system, to substitute connected-privy or connected-urinal accommodation for any service-privy or service-urinal accommodation.

5. Births, Deaths and Marriage Registration

(1) A Municipality shall register all Births, deaths and marriages within the limits of the municipality an 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) A Municipality shall record of marriages and death registration and shall discharge any other duty according to the ordinance.

6. Infectious Diseases

(1) A Municipality shall adopt such measures to prevent infectious diseases and to restrain infection within the municipality as the rules and by-laws may provide.

(2) A Municipality 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) A Municipality may, in the prescribed manner, frame and implement schemes for the prevention and control of infectious diseases.

7. Promotion of Public Health

Subject to the provisions of this Ordinance and the rules, a Municipality 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.

8. Hospitals and Dispensaries

(1) A Municipality 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 municipality and the people visiting it.

(2) Every hospital and dispensary maintained by a Municipality 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 Prescribed Authority, every hospital and dispensary maintained by a Municipality shall be provided with such drugs, medicines, instruments, apparatuses, appliances, equipments and furniture in accordance with such scale and standards as may be prescribed.

9. Medical, Aid and Medical Education, etc

A Municipality 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-

(a) the provision and maintenance of first aid centers;

(b) the provision and maintenance of mobile medical aid units;

(c) the promotion and encouragement of societies for the provision of medical aid;

(d) the promotion of medical education;

(e) the payment of grants to institutions for medical relief; and

(f) the medical inspection of school children.

WATER SUPPLY AND DRAINAGE

10. Water Supply

(1) A Municipality shall, within the limits of the funds at its disposal, provide, or cause to be provided, to the municipality a supply of wholesome water sufficient for public and private purposes.

(2) A Municipality may, and if so required by the Prescribed Authority 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 Municipality may supply water to private and public premises in such manner and on payment of such charges as the by-laws may provide.

11. Private Sources of Water-Supply

(1) All private sources of water-supply within a municipality shall be subject to control, regulation and inspection by the Municipality.

(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 Municipality.

12. Drainage

(1) A Municipality shall, within the limits of the funds at its disposal, provide an adequate system of public drains in the municipality 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 municipality may, with the previous permission of the Municipality and subject to such terms and conditions, including the payment of fees, as the Municipality 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 Municipality and the Municipality may, in such manner as the by-laws may provide, require the provision, alteration, covering, clearing and closing of private drains.

13. Drainage Schemes

(1) A Municipality may, and if so required by the Prescribed Authority 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 sewerage.

(2) A Drainage Scheme prepared under sub-section (1) shall be submitted for approval to the Prescribed Authority, 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 Prescribed Authority shall be executed and implemented within prescribed period

(4) A Municipality may by notice require the owner of any building or land within the municipality-

(a) to construct such drains within the building or land or the street adjoining such building or land as may be specified in the notice;

(b) to remove, alter, or improve any such drains; and

(c) to take such other steps for the effective drainage of the building or land as may be so specified.

14. Bathing and Washing Places

(1) A Municipality may-

(a) set apart suitable places for use by the public for bathing, for washing clothes, or for drying clothes,

(b) specify the times at which and the sex of persons by whom such places may be used; and

(c) prohibit, by public notice, the use by the public for any of the said purposes of any place not so set apart.

(2) No person shall establish, maintain or run a hammam or a bath for public use except under a license granted by the Municipality and in conformity with the conditions and terms of such license.

15. Dhobi Ghats and Washer Man

(1) A Municipality may provide dhobi ghats for the exercise of their calling by washer men, and may, by by-laws, regulate the use of dhobi ghats and levy fees for their use.

(2) A Municipality may, by by-laws, provide for the licensing of washer men and the regulation of their calling.

16. Public Water Sources

(1) A Municipality may, with the previous sanction of the Prescribed Authority, declare any source of water, spring, river, tank, pond, or public stream, or any part thereof within the municipality, which is not private property, to be a public water-course.

(2) A Municipality 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.

(3) To keep public water source free from pollution, if anybody or bodies try to pollute or polluted or involved in pollution, then municipality may take attempts to punish them.

(4) On which cases the source of pollution is out of municipality, on those cases municipality may take legal procedures.

17. Public Ferries

(1) A municipality 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 licenses 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 municipality and thereupon the municipality shall manage and operate the public ferry in such manner and levy such tolls as may be prescribed.

18. Public Fisheries

A municipality 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 municipality which may exercise such right in such manner as may be prescribed.

FOOD AND BEVARAGE

19. Articles of Food and beverage

A municipality may by-laws-

(a) Prohibit the manufacture, sale or preparation, or the exposure for sale, of any specified article of food or drink in any place or premises not licensed by the municipality;

(b) Prohibit the import into the municipality for sale, or the sale, or the hawking for sale, of any specified article of food or drink by persons not so licensed;

(d) Regulate the time and manner of transport within the municipality of any specified article of food or drink;

(e) Regulate the grant and withdrawal of licenses under this section and the levying of fees therefore; and

(f) Provide for the seizure and disposal of any animal, poultry or fish intended for food which is diseased, or any article of food or drink which is noxious.

20. Milk Supply

(1) Except under a license granted by the municipality and in conformity with the conditions of such license, no person shall, within the municipality, keep milky cattle for the sale of milk, or sell milk, or export 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) A municipality may, in the prescribed manner, and with the previous sanction of the Prescribed Authority, 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 milky cattle in the municipality 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.

21. Public Markets

(1) Responsibility to establish, maintain and development of public markets situated in municipal area goes to municipality.

(2) A municipality may, in respect of public market, provide by by-laws-

(a) the fees to be charged for the use of or for the right to expose goods in the market;

(b) the fees to be levied on vehicles and animals bringing goods therein for sale;

(c) the fees to be charged for the use of shops stalls;

(d) the fees to be charged in respect of animals brought for sale or sold; and

(e) the fees to be charged from brokers, commission agents, weigh men and other persons practicing their calling therein.

22. Private Markets

(1) No private market shall be established or maintained within a municipality except under a license granted by the municipality and in conformity with the conditions of such license.

(2) Notwithstanding the provisions of sub-section (1), the owner of every private market within a municipality for the sale of articles of food or drink or for the sale of animals, maintained immediately before the coming into force of this Ordinance, shall, within three months, apply for a license to the municipality and until the license is granted shall continue to maintain the same.

(3) A municipality may levy such fees in respect of private markets as the by-laws may provide.

(4) If a municipality is satisfied that in public interest any private market should be discontinued or taken over by the municipality, it may direct that the market should be discontinued, or should be taken over by the municipality according to law.

(5) A municipality may, by 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.

23. Slaughter houses

A municipality shall provide and maintain at such site or sites within or without the limits of the municipality as the Prescribed Authority may approve one or more slaughter-houses for the slaughter of animals for sale.

ANIMALS

24. Animal Husbandry

(1) A municipality 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) A municipality may take necessary attempts to provide compulsory vaccines for prevention of the spread of such infectious diseases according to section 2(e) animal disease act, 2005, and may be necessary of such animals as may be suspected to have been infected with carriers of any such disease.

25. Stray Animals

(1) A municipality may, by by-laws, provide for the seizure, detention and impounding of animals found straying in any street, public place or cultivated land.

(2) A municipality may, and if so required by the Prescribed Authority shall, establish and maintain cattle pounds for the impounding of cattle and charge such fines and fees for the impounding of cattle as the by-laws may provide.

(3) No animals shall be picketed or tethered in such streets or places as may be specified by the municipality and any animal found picketed or tethered in any such street or place shall be liable to seizure and impounding.

26. Animal Homes and Farms

(1) A municipality may, with the previous approval of the Prescribed Authority, establish and maintain animal homes, where, subject to such terms and conditions and on payment of such fees and other charges as the by-laws may provide, the animals of private persons may be kept.

(2) A municipality may, with the previous approval of the Prescribed Authority, 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.

27. Registration of the Sale of Cattle

A municipality may, by by-laws, require that every sale of such of the animals as may be specified shall be registered with the municipality in such manner, and subject to the payment of such fees, as the by-laws may provide.

28. Livestock Improvement

A municipality may, with the previous approval of the Prescribed Authority, 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.

29. Dangerous Animals

A municipality 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.

30. Cattle Exhibitions, Zoos, etc

(1) A municipality may hold cattle shows and fairs within its area and charge such fees from the people attending such shows or fairs as the by-laws may provide.

(2) A municipality may, with the previous approval of the Prescribed Authority, maintain or contribute towards the maintenance of zoological gardens.

31. Disposal of carcasses

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 person shall-

(a) Convey the carcass within twenty-four hours to a place, if any, fixed by the Paurashava for the disposal of the carcass, or to a place beyond one mile of the Municipality according to section 11 of animal disease act 2005.

(b) give notice of the death to the municipality whereupon the municipality shall cause the carcass to be disposed of and charge such fees from the person concerned as the by-laws may provide.

Explanation- In this section, “animal” shall be deemed to mean all mammals except human, birds, reptile, aquatic animal except fish and any other animal which are notification by government gazette.

TOWN PLANNING

32. Master Plan

95. A municipality shall draw up a Master Plan for the municipality within five years of formation or implementation of this ordinance, and the master plan shall be fitted with rules of this ordinance, among other matters, provide for-

(a) a survey of the municipality including its history, statistics, public services and other prescribed particulars;

(b) development, expansion, and improvement of any area within the municipality; and

(c) restrictions, regulations and prohibitions to be imposed with regard to the development of sites, and the erection and re-erection of buildings within the municipality.

33. Site Development Schemes

(1) Where a Master Plan has been drawn up under section 32 and such Master Plan has been approved, with or without any modifications by the Prescribed Authority, no owner of land 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 on any plot of land covered by the Master Plan, except in conformity with the provisions of Site Development Scheme sanctioned for the area in the prescribed manner.

(2) Among other matters, a Site Development Scheme may provide for-

(a) the division of the site into plots;

(b) the streets, drains, and open spaces to be provided;

(c) the land to be reserved for public purposes and to be transferred to the municipality;

(d) the land to be acquired by the municipality;

(e) the price of plots;

(f) the works that shall be executed at the cost of the owner or owners of the site or sites; and

(g) the period during which the area shall be developed.

34. Execution of Site Development Schemes

(1) The execution of a Site Development Schemes shall be subject to the inspection and control of the municipality and the municipality 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 municipality 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 municipality 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 municipality or if the development is not in conformity with the terms of the Site Development Scheme, the municipality may, in the prescribed manner, take over the development of the site and execute the necessary works, and the cost incurred thereon by the municipality shall be deemed to be a tax levied on the owner or owners under this Ordinance.

BUILDING CONTROL

35. Erection and re-erection of buildings

(1) No person shall erect or re-erect a building or commence to erect or re-erect a building unless the site has been approved, and the building plan has been sanctioned by the municipality.

(2) A person intending to erect or re-erect a building shall apply for sanction in the manner provided in the by-laws, and shall pay such fees as may be levied by the municipality with the previous sanction of the Prescribed Authority.

(3) All building applications presented under this section shall be registered in the manner provided in the by-laws, and shall be disposed of as early as possible, but not later than sixty days from the date of the registration of the application, and if no order is passed on an application within sixty days of its registration, it shall be deemed to have been sanctioned to the extent to which it does not contravene the provisions of the building by-laws, or of the Master Plan or Site Development Scheme, if any.

(4) A municipality may, for reasons to be stated in writing, reject a site plan or a building plan, but any person aggrieved thereby may appeal to the Prescribed Authority within thirty days of the order of rejection, and the order passed by the Prescribed Authority in appeal shall be final.

(5) A municipality may sanction a site plan or a building plan subject to such modifications or terms as may be specified in the order of sanction.

(6) Nothing in this section shall apply to any work, addition or alteration which the municipality may, by by-law, declare to be exempt.

36. Completion of Buildings, Alterations of Buildings, etc

(1) Every person who has erected or re-erected a building shall, within thirty days of the completion of the building, report such completion to the municipality.

(2) The municipality shall cause every building which has been completed to be inspected, and if it has been constructed in violation or contravention of any provision of this Ordinance, the rules or the by-laws or of the Master Plan of Site Development Scheme, if any, the municipality may require the alterations of the building so as to be in compliance therewith, and where such alteration is not possible, the municipality may on the basis of application of from the building or on the application of the owner such building compound the offence.

But it is conditioned that no offence shall be so compounded if it involves any violation or contravention of the provisions of a Master Plan or of a sanctioned Site Development Scheme.

(3) If a building is required to be demolished under the provisions of sub-section (2), and such requirement is not complied with within the specified period, the municipality may have the building demolished through its own agency, and the cost incurred thereon by the municipality shall be deemed to be a tax levied on the owner or occupier of the building under this Ordinance.

37. Regulation of Buildings

(1) If any building, or anything fixed thereon, be deemed by the municipality to be in a ruinous state or likely to fall or in any way dangerous to any inhabitant of such building or of any neighboring building or to any occupier thereof or to passers-by, the municipality 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 default, the municipality may take the necessary steps itself and the cost incurred thereon by the municipality 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 municipality may prohibit the occupation of such building till it has been suitably repaired to the satisfaction of the municipality.

STREETS

38. Public Streets

(1) A municipality 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 municipality and of the visitors thereto.

(2) A municipality shall, in the prescribed manner, prepare and execute a Road Maintenance and Development Programme, which shall form a part of the budget, and the Prescribed Authority may alter or amend the Programme in such manner as it considers necessary.

39. Streets

(1) No new street shall be laid out except with the previous sanction of the municipality and in conformity with the terms and conditions of such sanction.

(2) A municipality may, by notice require, that any street may be paved, drained, channeled, improved or lighted in such manner as may be specified in the notice, and in the event of default, the municipality may have the necessary work done through its agency, and the cost incurred thereon by the municipality shall be deemed to be a tax levied on the person concerned under this Ordinance.

40. General Provisions about Streets

(1) A municipality may, in the manner provided in the by-laws, assign name and number of street, holding number and relating with these. In the manner provided in the by-laws following issues shall be included-

(a) Discussion with inhabitants of respective locality;

(b) Street number and naming;

(d) No person shall willingly destroy, deface or in any way injure any street, name or name plate, or without the previous permission of the municipality, remove the same.

41. Street-Lightings

(1) A municipality shall take such measures as may be necessary for the proper lighting of the public streets and other public places vesting in the municipality by oil, gas, electricity or such other illuminant as the municipality may determine.

(2) A municipality may, with the previous sanction of the Prescribed Authority frame and enforce a Street Lighting Scheme in the prescribed manner.

42. Street Watering

A municipality 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.

3. Traffic Control

A municipality 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.

44. Public Vehicles

(1) No person shall keep or let for hire or drive or propel within the limits of a municipality any public vehicle, other than a motor vehicle, except under a license granted by the municipality.

(2) No horse or other animal shall be used for drawing a public vehicle within the limits of a municipality except under a license granted by the municipality and in conformity with the conditions of such license.

(3) A municipality shall, in such manner as by-laws may provide, and with the previous approval of the Prescribed Authority, 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.

PUBLIC SAFETY

45. Fire Fighting

(1) On the occurrence of a fire within a municipality, any Magistrate, any official of a fire brigade directing the operations, and any police officer not below the rank of Sub-Inspector, may-

(a) Remove or order the removal of any person who by his presence interferes or impedes the operations for extinguishing the fire or for saving life and property;

(b) Close any street or passage in or near which any fire is burning;

(c) For the purpose of extinguishing the fire, break into or through, or pull down or cause to be broken into or through, or pulled down, or use for the passage of hoses or other appliances, any premises;

(d) Cause mains and pipes to be shut off so as to give greater pressure of water in or near the place where the fire has occurred;

(e) Call on the person in charge of any fire engine to render such assistance as may be possible;

(f) Generally take such measures as may appear necessary for the preservation of life and property.

46. Civil Defense

A municipality shall be responsible for the Civil Defense of the municipality, and it shall, in this behalf, perform such functions as may be prescribed.

47. Floods

For the fighting of floods, rescuing of people from flood affected areas, and affording relief to flood-stricken people, a municipality may provide boats appliances and equipment as so required and if it is justified to deputy commissioner then must have to follow his directions.

48. Dangerous and Offensive Articles and Trades

(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 license granted by the municipality-

(a) No person shall carry on any dangerous or offensive trade;

(b) No premises shall be used or suffered to be used for any dangerous or offensive trade; and

(c) No person shall store or keep in any premises any dangerous or offensive article except for domestic use; or any dangerous or offensive article in excess of such limits as may be fixed by the by-laws.

(3) A municipality may, with the previous sanction of the Prescribed Authority, prepare and enforce a scheme providing for the prohibition of dangerous and offensive trades in specified areas within the municipality, and for the restriction of such trades in any area not so specified.

49. Graveyard and Cremation Ground

(1) A municipality may provide suitable places for the burial and cremation of the dead, and shall take necessary measures for the proper maintenance and administration of such burial and cremation ground.

(2) The Government may, by notification in the official Gazette, declare that any burial or cremation ground which is open to public for burial or cremation shall vest in a municipality and thereupon such burial or cremation ground shall vest in the municipality, and the municipality shall take all measures necessary for the proper maintenance and administration thereof.

(3) Every burial or cremation ground which is not administered by a municipality shall be registered with the municipality and shall be subject to regulation, supervision and inspection by the municipality in such manner as the by-laws may provide.

(4) No new burial or cremation ground shall be established within a municipality, except under a license granted by the municipality, and in conformity with the conditions of such license.

TREES, PARKS, GARDENS AND FORESTS

50. Arboriculture

(1) A municipality shall plant trees on public streets and other public places within the municipality and take all such steps protection of trees.

(2) A municipality may, in the prescribed manner with the discussion of community people frame and enforce an Arboriculture Plan.

51. Gardens

(1) A municipality may, lie out and maintain within the municipality 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, a Garden Development Plan which shall provide for the development and improvement of the garden.

52. Open spaces

(1) A Municipality may provide and maintain within the municipality such open spaces as may be necessary for the convenience of the public and such spaces shall be grassed, hedged, planted and all other matters for development.

(2) Category of any open space cannot be changed and the land cannot use for any other purpose.

53. Forests

A municipality may 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.

54. Nuisances Pertaining to Trees and Plantations

(1) A municipality may, by by-laws, determine the pests of trees and plants and provide for their destruction.

(2) If any land or premises within a municipality is grown with rank or noxious vegetation or undergrowth, the municipality 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 municipality may have such vegetation or undergrowth cleared, and the cost incurred thereon by the municipality shall be deemed to be a tax levied on the owner or occupier under this Ordinance.

(3) A municipality 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 and cannot plantation any trees which are harmful for community.

(4) A municipality may, prohibit the cultivation of any crop which is considered dangerous to public health within such part of the municipality as may be specified.

55. Tanks and Low-Lying areas

A municipality may, and if so required by the Prescribed Authority 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 Prescribed Authority directs.

EDUCATION AND CULTURE

56. Education

(1) A municipality shall maintain such educational institutions as may be required by the Prescribed Authority and may, with the previous approval of the Prescribed Authority, maintain such other educational institutions as may be necessary for the promotion of education in the municipality.

(2) All educational institutions maintained by the municipality shall be maintained in a state of efficiency and shall conform to such standards as may be prescribed.

(3) If new educational institute is needed in municipality area, municipality shall inspire all related to establish educational institute with government and non-government initiative.

(4) A municipality may give financial aid to private educational institutions within the municipality.

57. Compulsory Education

Subject to any law for the time being in force, a municipality shall be responsible for the enforcement of compulsory education in the municipality, and it may adopt all such measures to ensure that every child of school-going age in the municipality attends a school.

58. General Provisions about Education

A municipality may-

(a) Give scholarships to deserving or especially bright students;

(b) Provide for the training of teachers;

(d) Maintain depots for the sale of school books and articles of stationery;

(e) With the previous approval of the Prescribed Authority promote and assist for development of educational society;

(g) Adopt any other measures likely to promote the cause of education.

59. Culture

A municipality may-

(a) Establish and maintain information centers for the furtherance of civic education and the dissemination of information on such matters as community development, and other matters of public interest;

(b) Establish museums and art galleries and take attempts to displays those things which are preserved there.

e) Celebrate religious festival of all religion, Independence day and other national holidays;

(f) Provide for the reception of distinguished visitors visiting the municipality;

(g) Promote physical culture, and encourage public games and sports and organize rallies and tournaments;

(h) Promote tours to the municipality;

(i) adopt measures for the preservation of the historical places of the municipality;

(j) Provide, promote facilities for the recreation of the public; and

(k) adopt any other measures likely to promote own cultural progress and advancement.

60. Libraries
According to availability of fund a municipality may establish and maintain such public libraries and satellite libraries for the use of the public.

SOCIAL WELFARE

61. Social Welfare

A municipality may-

(a) establish, and maintain welfare homes, asylums, orphanages, widow homes and other institutions for the relief of the distressed;

(b) provide for the burial and burning of paupers found dead within the municipality at its own expense;

(c) adopt such measures as may be prescribed for the prevention of beggary, prostitution, gambling, taking of injurious drugs and consumption of alcoholic liquor, juvenile delinquency and other social evils;

(d) organize social service volunteers to service for society;

(e) adopt such measures as may be prescribed for the promotion of the welfare of women, child and backward classes; and

(f) adopt any other measures likely to promote social development and social welfare.

DEVELOPMENT

62. Development Plans

(1) A municipality may 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 Prescribed Authority and along with other issue there shall be rules for-

(a) The prevention of environmental pollution;
(b) The development of any special function of the municipality;

(c) The manner in which the plan shall be financed, implemented and supervised;
(d) Determine the agency through which the plan shall be executed and implemented; and
(e) Such other matters as may be necessary.

(3) The Government may direct that any specified item of income of a Municipality shall wholly or in part be earmarked and applied in the implementation of a development plan.

63. Community Development Planning

A Municipality may, in the prescribed manner, issue and implement community development planning.

64. Commercial Schemes

A municipality may, in the prescribed manner, and with the previous sanction of the Government, invest to any commercial enterprise.

3^rd Schedule

(See Section 98)

TAXES, RATES, TOLLS, FEES WHICH MAY BE LEVIED BY MUNICIPALITY AND OTHER SOURCES

1. Levied on annual price of building land.

2. Levied on handover of movable property.

3. Levied on land development and 2% of levy which are received.

4. Fees for application of construct and re-construct buildings.

5. Fees on imported materials for consume, use and sale in municipality area.

6. Levied on exported materials from municipality.

7. Fees as tolls.

8. Levied on service, business and sponsor.

9. Levied on birth, marriage, adoption and feast.

10. Levied on advertisement.

11. Levied on animal.

12. Levied on display of cinema, drama and theatre show and amusement and recreation.

13. Levied on vehicles except motor vehicle and boats.

14. Rate of light and fire.

15. Rate for removal garbage.

16. Rate for conducting public help related activities.

17. Rate for water setup and water delivery.

18. Any sub-levied on levy which are prescribe by the government.

19. School Fees.

20. Fees on benefits which are get from any public service related activities which are maintained by municipality.

21. Fees on fair, agricultural display, sports and other public gathering.

22. Fees for getting license, approval and permission from municipality.

23. Fees for special service of the municipality.

24. Fees for slaughter animal.

25. Fees for jalmohal (bog) and ferry ghat (washing place).

26. Fees for Balumohal (sand)/pathormohal (stone) within municipality area.

27. Any other fees for any rules under this ordinance.

28. Money for leasing hat-bazaar which are under municipality.

29. Any other levied as prescribed by the government as act.

4^th Schedule

(See Section 108)

Offences under this Ordinance

(1) Nonpayment of tax, cess, toll, rate and fees that levied legally by the Government.

(2) Failure, or furnish of wrong information, while called for any information that may asked by the municipality under this ordinance or any rules or regulations.

(3) Execution of a function without any license or sanction, which is required under this ordinance or any rules or regulations

(4) Erection or re-election of a building without the sanction required under this Ordinance.

(5) Development of a site without the sanction required under this Ordinance.

(6) Laying out, making or commencing to lie out or make a street without the sanction of the Municipality.

(7) Making an encroachment on any public road, public street or public place without the sanction of the municipality.

(8) Picketing, parking animals or collecting. c arts or vehicles on any street or using any street as a halting place for vehicles or animals or as a place of encampment without the permission of the municipality.

(9) Causing or permitting livestock animals to stray.

(10) Without the permission of the municipality, causing or knowingly or negligently allowing the contents of any sink, sewer, drain, or cess-pool or any other offensive matter to flow, or drain to be put upon any street, or public place, or into any irrigation channel or any sewer or drain not set apart for the purpose.

(11) Lying out a drain or altering any drain in a street without the sanction of the municipality.

(12) Connecting any house drain with a drain in a public street without the permission of the municipality.

(13) Throwing or placing any refuse on any street, or in any place not provided or appointed for the purpose by the municipality.

(14) Carrying on any dangerous or offensive trade, or storing any offensive or dangerous article, without the sanction of the municipality.

(15) Doing any act by which water for drinking is rendered unfit for such use.

(16) Using water for drinking from any source which is suspected to be dangerous to public health and the use whereof has been prohibited by the municipality.

(17) Watering cattle or animals, or bathing or washing at or near a well or other source of drinking water for the public.

(18) Steeping hemp, jute or any other plant on or near a pond or any other excavation within such distance of the residential area as may be specified by the municipality.

(19) Dyeing or tanning skins within such distance of the residential area as may be specified by the municipality.

(20) Willfully or negligently injuring or suffering to the injured, wells, reservoirs, mains, pipes or other appliances for the supply of water under the management or control of the municipality.

(21) Drawing off, diverting or taking any water, except with the permission of the municipality from any main pipe.

(22) Tampering with any main, pipe, meter, or any apparatus or appliance for the supply of water.

(23) Excavation of earth, stone or any other material within such distance of the residential area as may be specified by the municipality.

(24) Establishing a brick kiln, charcoal kiln or pottery within such disposing of carcasses of animals without the sanction of the municipality.

(25) Dropping dead body of animals without permission of municipality.

(26) Failure to provide, close, remove, alter, repair, clean, disinfect or put in proper order any latrine, urinal, drain, cess-pool or other receptacle for filth, sewerage, water or refuse when so required by the municipality.

(27) Failure by the owner or occupier of any land to clear away and remove any thick vegetation or undergrowth which has been declared by the municipality to be injurious to health or offensive to the environment.

(28) Failure by the owner or occupier of any land to cut or trim the hedges growing thereon and bordering on any street or any branches of trees growing thereon which overhang any sweet or obstruct the same or cause danger, or which so overhang any well, tank or other source form which water is derived from public use as to be likely. to pollute the water thereof, or have been declared under this Ordinance to be in any way offensive or injurious to health.

(29) Cultivation of such crops, use of such manure or irrigation of any land in such manner as is declared by the municipality to be injurious to health or offensive to the neighborhood.

(30) Failure by the owner or occupier of any land or building to clean, repair, cover, fill up, or drain off any private well, tank or other source of water-supply, which is declared by the municipality to be injurious to health or offensive to the neighborhood.

(31) Failure by the owner or occupier of any building or land to put up and keep in good condition proper troughs and pipes for receiving or carrying water or sewerage form the building or land when so required by the Municipality.

(32) Failure by a medical practitioner who during the course of such practice becomes cognizant of the existence of any infectious disease to make report about such infectious disease to the Municipality

(33) Failure by any person cognizant of the existence of any infectious disease in any building to communicate the information to the Municipality.

(34) Failure by the owner to disinfect an infected building or the letting of an infected building without disinfection.

(35) Sale of articles of food or drink by a person suffering from any disease.

(36) Failure by the owner or driver of a vehicle to disinfect any infected vehicle or carrying passengers in an infected vehicle.

(37) Feeding or allowing to be fed any animal meant for dairy or food purposes on deleterious substances, filth or refuse of any kind.

(38) Slaughtering animals for the sale of meat at a place other than the place set apart for the purpose.

(39) Selling to the prejudice of any purchaser any article of food or drink which is not of the nature, substance or quality demanded by such purchaser.

(40) Burying or cremation a dead body at a place which is not a public or registered burial or cremation ground, except with the sanction of the Municipality.

(41) Defacing or disturbing any municipal direction-post, lamp-post or lamp, or extinguishing any municipal light except under due authority.

(42) Fixing any bill, notice, placard or other paper or means of advertisement against or upon any building or place other than the places fixed for the purpose by the municipality.

(43) Exhibiting any obscene advertisement.

(44) Stacking or collecting of timber, wood, dry grass, straw or other inflammable material in a manner which is declared by the Municipality to be dangerous.

(45) Driving or propelling any vehicle not properly supplied with lights during the period from half an hour after sun set to half an hour before sunrise.

(46) Failure while driving, without reasonable excuse to keep to the left or when passing a vehicle going in the same direction, to keep to the right to the vehicle, or to follow other specified rules of the road.

(47) Playing of music or radio beating a drum, blowing a horn or trumpet or beating or sounding any brass or other instrument or utensil in contravention of any general or special prohibition issued by the Municipality.

(48) Discharging firearms or letting of fireworks, crackers, fire balloons or detonators, or engaging in any game in such manner as causes or is likely to cause danger to persons passing by or living or working in the neighborhood, or risk or injury to property.

(49) Quarrying, blasting, cutting timber, or carrying on building operations in such h n e r as causes or is likely to cause danger to passing by or living or working in the neighborhood.

(50) Letting loose or setting on ferocious dogs or other dangerous animals.

(51) Failure to demolish or otherwise secure a building declared by the Municipality to be dangerous building.

(52) Using or allowing the use for human habitation of a building declared by the Municipality to be unfit for human habitation.

(53) Failure to lime wash, or repair a building if so required by the municipality.

(54) Failure by the owner or occupier of a building to make adequate arrangements for house scavenging when so required by the Municipality.

(55) Creating obstacles intentionally to the officer or employee or any other person that are authorized by the Municipality to apply his power under this law.

(56) Begging unfortunately for alms, or exposing or exhibiting with the object of exciting any deformity or disease or any offensive sore or wound.

(57) Keeping a brothel or practicing prostitution in such area as may be declared by the Municipality to be the prohibited area.

(58) Obtaining any part or ownership, directly or indirectly, by own or by any parties, by the Councilor or any officer or employee of the municipality, to any of the contractor works of the municipality.

(59) Despite being declared by the Municipality as an important officer or employee, absence in work by that officer or employee, negligence in work or deny to work or intentionally execution of works in unskilled way.

(60) Doing of any other act which is prescribed as an offence under this Ordinance.

(61) Attempts and abetment of any order, declaration or promulgated circulars that provided under this ordinance or regulation.

5^th Schedule

(See Section 113 and 114)

ACTIVITIES OF MUNICIPAL POLICE

Inspection and ambulation in municipality area;
Identification and prevention of crime, and supporting the police to arrest criminals;
Presenting the municipal legal and disciplinary status to the secretary, or if needed, to the chief executive officer in each 15 days, and also informing such issue to Thana in-charge officer;
Keeping information about any existence of the ill-conduct people in municipality area and informing such matters to the to the secretary, or if needed, to the chief executive officer and to the Thana in-charge officer;
Any kind of dispute or discord that may create riot or severe fighting in the municipality area, and any kind of secret news or information that may cause disorder for public lives need to be informed the secretary, or if needed, to the chief executive officer and to the Thana in-charge officer;
Information about bellow mentioned crimes that may held or possibility to be held need to be informed the secretary, or if needed, to the chief executive officer and to the Thana in-charge officer:-

a. Riot;

b. Hide dead bodies or child birth;

c. Involve children in dangerous labor;

d. Damage through fire;

e. Hurt animals through poisoning;

f. Attempt to kill people/murder;

g. Provoking or attempt to conduct any of the above mentioned crimes.

Uppermost endeavor to prevent the crimes mention in serial no. 6 and any other concerned crimes and if necessary, protest such crime;
Informing the municipality immediately about any epidemic outbreak and harmful diseases or syndromes of people, animals or crops;
Informing the municipality immediately about damages occurred in any dikes or irrigation works;
Assisting the revenue officer to collect municipality or other taxes;
Informing the municipality about conducting or attempt to conducting any crime under this act;
Informing the municipality about the damage or possession of any movable or fixed properties in municipal area that owned by the municipality corporation or government and preventing such damage or possession;
Maintenance of different service related activities namely: sewerage, drain, footpath, roads, lighting etc.
Any other duties provided by this act or regulations.

6^th Schedule

(See Section 120)

ISSUES ON WHICH RULES TO BE IMPLEMENTED

1. Manner in which any urban area may be declared a municipality.

2. Manner in which the limits of any municipality may be altered by including any area in the municipality or excluding any area there from and the consequent of such alteration.

3. Election of mayor and councilors and all matters relating thereto.

4. Privileges, duties and responsibilities of mayor and councilors (honorarium of mayor and councilors).

5. Privileges, duties and responsibilities of councilors for reserve seat.

6. Manner in which special meetings for removal of mayor and councilors may be called.

7. Manner in which, and authority by whom, business of municipality may be disposed of.

8. Manner in which contracts shall be made, registered and enforced; contracts which shall be subject to the sanction of the government; principles which shall guide municipality in the making of contracts.

9. Manner in which works shall be executive; schedule of rates for work; annual works programme and sanction and enforcement thereof; inspection of works and powers or inspection officers.

10. Registration of contractors; fees to be charged for such registration; security deposit to be made by contactors and conditions for forfeiture of such deposit.

11. Records that shall be maintained; reports and returns that shall be prepared and manner in which they shall be published; custody, maintenance and destruction of unnecessary records.

12. Terms and condition of service of chief Executive officer.

13. Constitution and regulation of municipality service.

14. Regulation of custody, investment, operation and application of municipality fund; establishment and maintenance of sinking funds special funds.

15. Form and manner in which budget shall be prepared; manner in which budget shall be presented to, and considered and sanctioned by, the municipality; manner in which budget session of the municipality may be convened and held; manner in which budget may be revised.

16. Form and manner, in which accounts shall be kept, maintained and audited, preparation, examination, certification and publication of monthly and annual accounts.

17. Manner in which the liability of any person for any loss, waste or misapplication of the funds and property of the municipality may be determined.

18. Registration, verification and stock-taking of property and maintenance of maps and plans thereof.

19. Manner in which taxes, rates, cesses, tolls, fees and other charged may be imposed, levied, assessed, collected, leased, compounded, administrated and regulated; obligations of tax-payers.

20. Prevention of the evasion of octroi; checking of goods liable of payment of octroi; organization of octroi raids; measures for effective administration of octroi.

21. Issuing bill and notices for the recovery of taxes and other dues; manner of service of such bills and notices; manner of recovery of any tax and other dues by distress and sale; manner in which irrecoverable dues may be written off.

22. Manner in which municipality shall be inspected, and powers of inspecting officers.

23. Methods of inspection of municipality and power of officer for inspection.

24. Any other matter required under any of the provisions of this ordinance to be prescribed or determined by rules.

7^th Schedule

[See Section 121]

ISSUES ON WHICH RULES TO BE IMPLEMENTED

(1) Conduct of functions of the Municipality.

(2) Direction and rules of forum.

(3) Mayor’s involvement in issues relating administration of the municipality.

(4) Postpone proposal for the purpose of attraction against public complain.

(5) Calling Meeting.

(6) Record of meeting proceedings.

(7) Decision implementation.

(8) Form sub-committee and combine committee.

(9) Co-opt member in the sub-committee.

(10) Preserve and use of common seal.

(11) Establishment of Corporation office and sub-office and defining its work proceedings.

(12) Provide power to mayor and councilors from municipality parishad.

(13) Provide power of mayor to any officer of municipality.

(14) Other essential issues that may defined by-laws and any other rules under this ordinance.

8^th Schedule

[See Section 122 (2)]

ISSUES ON WHICH RULES TO BE IMPLEMENTED

(1) Approval of license and grant of permission, procedure of registration and inspection, license, approval, permission form and fees.

(2) Such arrangements on the occasion of any Government or non-Government fairs, shows or public festivals, provide license to the shops or places for that kind of fairs, shows or public festivals, visit of such fair and festivals.

(3) Increasing the arrangement of refreshment, fun and cultural programs for general public, provide license for such private arrangement of refreshment, fun and cultural programs for general public, control of public behaviors for such refreshment and fun b y the general public.

(4) For the purpose of health system management, inspection of lands and households, cleaning and disposal of waste by house owner, installation and visit of personal latrine and urinal shall be done with information on public duties and responsibilities and providing license to the sweeper.

(5) Providing license for Government or non-Government graveyard and cremation grounds and maintenance, preserve the graves, monument, nameplates, and other issues; buried or burn dead body of poor peoples and fees for buried and burn of dead body.

(6) Control of harmful trades, and preserving harmful and dangerous products.

(7) Control, stop and removal of illegal occupancy.

(8) Inspection of common vehicles, driver or animal that used for the transportation of common vehicles, place to keep the vehicles and animal and procedure of stand management and it’s use and offences that related with common vehicles.

(9) Control of vehicle and vehicle movement, transportation rules and movement sign regulations, control of speed and time of switch on the light.

(10) Control of erection or re-creation of a building, inspection of a building, demolish of approved establishment work, offences related to erection or re-creation, fees for erection or re-creation works.

(11) Control of use and entrance in common park, common garden and open places, safeguard, control and maintenance of park, garden and open place, fees to be provided for the entrance and refreshment in the park.

(12) Control, maintenance, cleaning and inspection of private drains and drainage related offences.

(13) Identify and control of disturbing or bothering materials in the market; allocation of stalls and stages in the market and control of value price that are sold in the market.

(14) 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, registration and disposal of such animals.

(15) Control of animal slaughter in the butcher house , inspection of animal and meat accordingly before and after destruction, fees for slaughter, destroy or seize of necessary action of unusable meat that may found in the butcher house, prohibit, destroy or seize necessary action of such meat that are sold except the approved and well preserved in butcher house, control of meat transportation outside the butcher house, inspection of approved butcher house and foreclose of animals, meats on such butcher house.

(16) Development and improvement of any activity of municipality.

(17) Other essential issues that may defined by-laws and any other rules under this ordinance.

Ashfaque Hamid

Secretary

Bangladesh Gazette for Paurashava Act 2009

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