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The Paurashava Ordinance, 1977 (Ordinance)

( Ordinance NO. XXVI OF 1977 )

স্থানীয় সরকার (পৌরসভা) অাইন, ২০০৯ (২০০৯ সনের ৫৮ নং অাইন) দ্বারা রহিত করা হইয়াছে।

Chapter I

CONSTITUTION AND COMPOSITION OF PAURASHAVAS

Declaration of urban area
3. (1) Subject to the provisions of sub-section (2), the Government may, by notification in the official Gazette, declare any rural area to be an urban area:
 
 
 
 
Provided that notwithstanding the declaration of a rural area to be an urban area, the Union Parishad which immediately before such declaration exercised any function in relation to that area shall, until the area is declared to be, or to be included in, a municipality, continue to exercise those functions.
 
 
 
 
(2) The Government shall not declare any rural area to be an urban area unless it is satisfied that three-fourths of the adult male population of the area to which it refers are chiefly employed in pursuits other than agriculture, and such area contains not less than fifteen thousand population, and an average number of not less than two thousand inhabitants per square mile 1[:
 
 
Provided that the Government may, for the purpose of extension of the limits of a municipality under section 4(b), declare any rural area to be an urban area, if it is satisfied that three-fourths of the adult male population of such area are chiefly employed in pursuits other than agriculture.]
Declaration of municipality and alteration of limits thereof
 
 
 
 
4. The Government may, in the prescribed manner,-
 
 
 
 
(a) declare any urban area, other than a cantonment, to be a municipality;
 
 
 
 
(b) extend, curtail or otherwise alter the limits of any municipality; and
 
 
 
 
(c) declare that any urban area shall, from a date to be specified, cease to be a municipality.
Municipality to be administrative Unit
2[4A. Every municipality shall be an administrative unit for the purpose of Article 59 of the Constitution of the People's Republic of Bangladesh.]
Constitution of Paurashavas
5. (1) As soon as may be after the commencement of this Ordinance, there shall be constituted a Paurashava for every municipality in accordance with the provisions of this Ordinance.
 
 
 
 
(2) Every Paurashava shall be a body corporate, having perpetual succession and a common seal, with power, subject to the provisions of this Ordinance and the rules, to acquire and hold property, both movable and immovable, and shall by its name sue and be sued.
 
 
 
 
(3) The Government may, by notification in the official Gazette, specify the name by which any Paurashava shall be known, and unless the name of a Paurashava is so specified, it shall be known as the Paurashava of the place where its office is situated 3[.]
 
 
4[* * *]
Composition of Paurashava
6. 5[(1) A Paurashava shall consist of-
 
 
 
 
(a) a Chairman;
 
 
 
 
(b) such number of 6[* * *] commissioners as may be fixed by the Government; and
 
 
 
 
7[(bb) such number of commissioners as are exclusively reserved for women under sub-section (3).]
 
 
 
 
8[* * *]]
 
 
 
 
(2) 9[ 10[The] Chairman and Commissioners] of a Paurashava shall be elected by direct election on the basis of adult franchise in accordance with the provisions of this Ordinance and the rules made thereunder 11[.
 
 
 
 
[* * *]]
 
 
 
 
12[(3) There shall be one-third reserved seats exclusively for woman of such number of commissioners as are fixed by the Government under clause (b) of sub-section (1) in each Paurashava, hereinafter referred to as reserved seats, who shall be elected by direct election on the basis of adult franchise in accordance with the provision of this Ordinance and the rules made thereunder:
 
 
 
 
Provided that nothing in this sub-section shall prevent a woman from being elected to any of the seats other than reserved seats.]
 
 
 
 
(4) The Chairman of a Paurashava shall be deemed to be a commissioner of the Paurashava.
 
 
 
 
(5) There shall be paid to the 13[Chairman and commissioners] of a Paurashava such honorarium as may be prescribed.
 
 
 
 
(6) [Omitted by section 4 of the Paurashava (Second Amendment) Ordinance, 1984 (Ordinance No. LXIII of 1984).]
14[Term of Paurashavas, etc.]
7. 15[ 16[(1) The term of a Paurashava shall be a period of five years commencing on the day of its first meeting after its constitution:
 
 
 
 
Provided that notwithstanding the expiration of its term, a Paurashava shall continue to function until the publication of election schedule for reconstituting the Paurashava to succeed it.]
 
 
17[* * * ]
 
 
 
 
18[(1AA) Where the election schedule for reconstituting a Paurashava is published, the Paurashava shall cease to exist and the functions of the Paurashava shall, until the holding of the first meeting of the Paurashava constituted to succeed it, be performed by the Thana Nirbahi Officer or Additional Deputy Commissioner concerned as the Government may appoint in this behalf.]
 
 
 
 
(1B) Notwithstanding anything contained in this Ordinance, a Paurashava shall be deemed to have been duly constituted after the election of seventy five per cent of the total number of its 19[Commissioners 20[* * *]] has taken place.
 
 
 
 
Explanation.- For calculating the seventy five per cent of the total number of 21[* * *] Commissioners, less than point five zero per cent shall be ignored and point five zero and above per cent shall be rounded off into a whole number.]
 
 
 
 
(2) A Paurashava shall, after its constitution, hold 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, as may be appointed by the Prescribed Authority.
Oath of office
8. Every Chairman and commissioner of a Paurashava shall, before he enters upon his office, make in the prescribed manner and within the prescribed period, an oath in the prescribed form.
Declaration of properties
9. Every Chairman and commissioner of a Paurashava shall, before he enters upon his office, submit to the Prescribed Authority in such manner as the Government may direct, a declaration in writing of properties, both movable and immovable, whether within or outside Bangladesh, which he or any member of his family owns, or which he has in his possession or under his control, or in which he or any member of his family has any beneficial interest.
 
 
 
 
Explanation.- In this section, the expression “member of his family”, in relation to a person, includes-
 
 
 
 
(a) the spouse of such person, and
 
 
 
 
(b) such of the children, parents, brothers and sisters as reside with and are wholly dependent upon such person.
Qualifications and disqualifications of Chairman and commissioners of Paurashavas
10. (1) A person shall, subject to the provisions of 22[sub-section (2), be qualified to be elected as, and to be, a Chairman or a Commissioner], if-
 
 
 
 
(a) he or she is a citizen of Bangladesh;
 
 
 
 
(b) he or she has attained the age of twenty-five years; and
 
 
 
 
(c) his or her name appears on the electoral roll for any ward in the Paurashava.
 
 
 
 
(2) A person shall be disqualified for election as, or for being, a Chairman or 23[a Commissioner,] if-
 
 
 
 
24[ 25[* * * ]
 
 
(aa) he or she is declared by a competent Court to be of unsound mind;]
 
 
 
 
(b) he or she is an undischarged insolvent;
 
 
 
 
(c) he or she has ceased to be a citizen of Bangladesh or has acquired the citizenship of, or affirmed or acknowledged allegiance to, a foreign state;
 
 
 
 
(d) he or she has been,-
 
 
 
 
(i) on conviction for any offence, sentenced to imprisonment for a term of not less than two years; or
 
 
 
 
(ii) on conviction for any offence relating to corruption or criminal misconduct, sentenced to imprisonment for any term, unless a period of five years, or such less period as the Government may allow in any particular case, has 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 Paurashava concerned or of any other local authority; or
 
 
 
 
(f) he or she is a party to a contract for work to be done for, or goods to be supplied to, the Paurashava concerned, or has otherwise any pecuniary interest in its affairs, or is a dealer, for any area within the municipality concerned, in essential commodities appointed by the Government 26[;
 
 
 
 
(g) he or she has defaulted in repaying any loan taken by him or her from any specified bank within the time allowed by the bank therefore.
 
 
 
 
Explanation.- For the purposes of clause (g), “specified bank” means the Sonali Bank, the Agrani Bank and the Janata Bank constituted under the Bangladesh Banks (Nationalisation) Order, 1972 (P.O. No. 26 of 1972), the Shilpa Rin Sangstha established under the Shilpa Rin Sangstha Order, 1972 (P.O. No. 128 of 1972), the Bangladesh Shilpa Bank established under the Bangladesh Shilpa Bank Order, 1972
 
 
(P.O. No. 129 of 1972), the House Building Finance Corporation established under the House Building Finance Corporation Order, 1973 (P.O. No. 7 of 1973), the Krishi Bank established under the Krishi Bank Order, 1973 (P.O. No. 27 of 1973), the Investment Corporation of Bangladesh established under the Investment Corporation of Bangladesh Ordinance, 1976 (XL of 1976), the Rajshahi Krishi Unnayan Bank established under the Rajshahi Krishi Unnayan Bank Ordinance, 1986 (LVIII of 1986), and the Rupali Bank limited] 27[;
 
 
 
 
(h) he or she is a member of Parliament] 28[;
 
 
 
 
(i) he or she is a defaulter in paying any of the taxes, rates, tolls or fees levied under this Ordinance;
 
 
 
 
(j) he or she has been dismissed from the service of the Republic or of any local authority for misconduct involving moral turpitude and a period of five years has not elapsed since his or her dismissal.]
 
 
 
 
29[(3) For the purposes of this section, a person shall not be deemed to hold an office of profit in the service of the Republic by reason only that he is a Prime Minister, Deputy Prime Minister, Minister, Minister of State, Deputy Minister, Chief Whip or Whip.]
Persons not to be candidate for two offices
11. (1) A person shall not, at the same time, be a candidate for election to the offices of Chairman and 30[* * *] commissioner or to more than one office of 31[* * *] commissioner.
 
 
(2) If a person offers himself, at the same time, to be a candidate for election to more than one office in any Paurashava, all his nomination papers shall stand void.
 
 
 
 
32[(3) When the office of Chairman falls vacant during the term of the Paurashava, a commissioner may contest the election to the office of Chairman, and if he is elected, his commissionership shall cease on the date he makes the oath of office of Chairman.]
Resignation of Chairman and commissioners
12. (1) A commissioner may resign his office by notice in writing under his hand addressed to the Chairman.
 
 
 
 
(2) A Chairman may resign his office by notice in writing under his hand addressed to the Prescribed Authority.
 
 
 
 
(3) 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.
Removal of Chairman and commissioners
13. (1) A Chairman or 33[a Commissioner] shall render himself liable to removal from his office if-
 
 
 
 
(a) he, without reasonable excuse, absents himself from three consecutive meetings of the Paurashava;
 
 
 
 
(b) he is convicted for any offence relating to corruption, criminal misconduct or prejudicial or anti-state activity;
 
 
 
 
(c) he refuses to perform or becomes disabled from performing his functions; or
 
 
 
 
(d) he is guilty of misconduct or is responsible for any loss or misapplication of money or property of the Paurashava.
 
 
 
 
Explanation.- In this sub-section, “misconduct” means misuse of power, corruption, jobbery, favouritism, nepotism and wilful maladministration and includes any attempt at, or abetment of, such misconduct.
 
 
(2) A Chairman or 34[a Commissioner] shall not be removed from his office on any ground mentioned in clauses (a) and (b) of sub-section (1) unless the Prescribed Authority declares, 35[* * *] by an order, that he is liable to be so removed:
 
 
 
 
Provided that no such declaration shall be made unless the Chairman or commissioner concerned has been given a reasonable opportunity of showing cause against the declaration proposed to be made with respect to him.
 
 
 
 
(3) A Chairman or 36[a Commissioner] shall not be removed from his office on any ground mentioned in clauses (c) and (d) of sub-section (1) unless, at a special meeting of the Paurashava called for the purpose in the prescribed manner, a resolution to the effect that he is liable to be so removed is passed by the votes of not less than two-thirds of the 37[total number of 38[ Commissioners]] of the Paurashava and unless the resolution is approved by the Prescribed Authority:
 
 
 
 
Provided that no such resolution shall be passed unless the Chairman or commissioner concerned has been given a reasonable opportunity of showing cause against the resolution proposed to be passed with respect to him.
 
 
 
 
(4) A Chairman or 39[a Commissioner] shall stand removed from his office as soon as a declaration under sub-section (2) is made or a resolution passed under sub-section (3) is approved by the Prescribed Authority.
 
 
40[* * *]
 
 
 
 
(5) [Omitted by section 7 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992).]
 
 
 
 
(6) 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 Paurashava concerned, be eligible for election 41[* * * ] to that Paurashava.
Vacation of office of Chairman and Commissioners
14. (1) The office of Chairman or 42[a Commissioner] shall become vacant if-
 
 
 
 
(a) he becomes disqualified for being such Chairman or commissioner under section 10(2);
 
 
 
 
43[* * *]
 
 
 
 
(b) he fails to make the oath referred to in section 8 within the prescribed period, unless the prescribed Authority for good cause shown extends the period;
 
 
 
 
(c) he resigns his office under section 12;
 
 
 
 
(d) he is removed from his office under section 13; or
 
 
 
 
(e) he dies.
 
 
 
 
(1A) [Omitted by section 7 of the Paurashava (Amendment) Ordinance, 1984 (Ordinance No. XI of 1984).]
 
 
 
 
(2) [Omitted by section 8 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992).]
Casual vacancy
15. (1) Where the office of a commissioner becomes vacant not later than one hundred and eighty days before the term of the Paurashava is due to expire, an election 44[* * *] to fill the office shall be held 45[* * *] within sixty days of the occurrence of the vacancy, and the person who is elected in such election 46[* * *] shall hold office for the residue of such term.
 
 
 
 
(2) Where the office of Chairman becomes vacant before the term of the Paurashava is due to expire, an election to fill the office shall be held within one month of the occurrence of such vacancy, and the person who is elected in such election shall hold office for the residue of such term.
Leave of absence of Chairman
16. A Paurashava may grant leave of absence to its Chairman for any period not exceeding three months in any one year.
Panel of Chairman
47[17. (1) Within one month of the first meeting held after the constitution of a Paurashava, a panel of three Chairmen shall be elected, in order of preference, by the commissioners from amongst themselves.
 
 
 
 
(2) While the office of Chairman is vacant or the Chairman is on leave or under suspension, the functions of his office shall be performed by the Commissioner whose name is highest in the panel of Chairman in order of preference.]
Notification of election, etc.
48[18. An election, resignation, removal or vacation of office of a Chairman and commissioner shall be notified in the official Gazette by the Prescribed Authority.]
Appointment of an Administrator in certain circumstances
49[18A. (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.
Certain persons deemed to be commissioners
18B. 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 the Paurashava of that municipality.]
 
 

Chapter II

50ELECTION OF CHAIRMAN AND COMMISSIONERS OF PAURASHAVAS

Wards
51[19. (1) For the purpose of election of commissioners, other than in reserved seats of a Paurashava, the municipality shall be divided into such number of wards as the Government may determine.
 
 
 
 
(2) For the purpose of election of commissioners in reserved seats, the municipality shall be divided into one-third number of wards determined under sub-section (1).]
Appointment of delimitation officers
20. (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 assist the delimitation officer in the performance of his functions and may perform, under the control of the delimitation officer, the functions of the delimitation officer.
Delimitation of wards
21. (1) The wards shall be delimited having regard to territorial unity and, so far as practicable, to distribution of population 52[save with a variation of not more than ten per cent] and administrative convenience.
 
 
 
 
(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 shall publish at his office and at the office of the Paurashava and at such other place or places as he considers necessary a preliminary list of wards specifying the areas proposed to be included in each such ward together with a notice inviting objections or suggestions within fifteen days from the date of publication of the notice.
 
 
 
 
(3) The objection or suggestion, if any, received under sub-section (2) shall be forwarded to the Prescribed Authority who, after making such enquiries as he considers necessary, shall give its decision within a period not exceeding fifteen days from the date of receipt of the objections or suggestions from the delimitation officer.
 
 
 
 
(4) The delimitation officer shall make such amendments, alterations or modifications in the preliminary list published under sub-section (2) as may be required by any decision on any objection or suggestion given by the prescribed Authority under sub-section (3) and may also make such other amendments, alterations or modifications in the said list as may be necessary for correcting any error or omission.
 
 
(5) After making amendments, alterations or modifications, if any, under sub-section (4), the delimitation officer shall publish at his office and at the office of the Paurashava and at such other place or places as he considers necessary the final list of wards, specifying the areas included in such ward and shall forward attested copies thereof to the Prescribed Authority who shall publish the list of wards in the official Gazette.
Delimitation of wards of reserved seats
53[ 21A. For the purpose of election to the reserved seats, the delimitation officer shall simultaneously cause the number of wards delimited under section 21 to be regrouped into one-third of wards determined under sub-section (1) of section 19 following the procedure laid down in section 21.]
Electoral roll
54[22. (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.]
Right to vote
23. 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 Chairman of the Paurashava within the jurisdiction of which the ward is situated.
Election of 55[* * *] commissioners
24. (1) There shall be 56[* * *] such number of elected commissioners from each ward in a municipality as the Government may determine.
 
 
(2) A general election of Chairman and 57[* * *] commissioners of a Paurashava shall be held-
 
 
 
 
(a) for the purpose of constituting the Paurashava under section 5, as soon as may be after the commencement of this Ordinance; and
 
 
 
 
58[(b) for the purpose of reconstituting the Paurashava after the expiration of the term of the Paurashava, within the period of one hundred eighty days 59[after its] expiration; and
 
 
 
 
(c) for the purpose of reconstituting the Paurashava after the expiration of the period of supersession of the Paurashava, if any, before such expiration:
 
 
 
 
Provided that the persons elected at a general election under clause (b) or (c) shall not enter upon office as chairman or commissioner of the Paurashava except after the expiration of the term of the Paurashava or the period of supersession of the Paurashava, as the case may be.]
 
 
 
 
60[(3) In the case of a newly created Paurashava, where no election is held, the election for constituting it shall be held-
 
 
 
 
(a) within one hundred and eighty days form the date of coming into force of this Act;
 
 
 
 
(b) within one hundred and eighty days from the date of creation of the Paurashava.]
Conduct of elections
25. All elections of Chairman and 61[Commissioners 62[* * *]] of a Paurashava shall be organised, held and conducted by
 
 
the Election Commission in accordance with the rules, and such rules may provide for all or any of the following matters, namely:-
 
 
 
 
(a) the appointment of returning officers, assistant returning officers, presiding officers and polling officers for the conduct of election, and powers and duties of such officers;
 
 
 
 
(b) the nomination of candidates, objections to nominations and scrutiny of nominations;
 
 
 
 
(c) the deposits to be made by candidates and the circumstances under which such deposits may be refunded to candidates or forfeited to the Paurashava;
 
 
 
 
(d) the withdrawal of candidature;
 
 
 
 
(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 in which votes are to be given;
 
 
 
 
(i) the scrutiny and counting of votes, the declaration of the result and the procedure to be followed in case of equality of votes;
 
 
 
 
(j) the custody and disposal of ballot papers and other papers relating to elections;
 
 
 
 
(k) the circumstances under which polls may be suspended and fresh polls may be held;
 
 
 
 
(l) the election expenses;
 
 
 
 
(m) the corrupt or illegal practices and other election offences and penalties therefore; and
 
 
 
 
(n) any other matter connected with or incidental to elections.
Publication of results of election of Chairman and 63[Commissioner 64[* * *]]
26. The names of all persons elected as Chairman or 65[Commissioner 66[* * *]] of a Paurashava shall, as soon as may be after such election, be published in the official Gazette by the Election Commission.
[Omitted.]
26A. [Exception.- Inserted by section 4 of the Paurashava (Amendment) Ordinance, 1977 (Ordinance No. XXX of 1977) which was omitted by section 8 of the Paurashava (Second Amendment) Ordinance, 1984 (LXIII of 1984).]
 
 

Chapter III

ELECTION DISPUTES

Election petitions
27. (1) No election under this Ordinance shall be called in question except by an election petition under sub-section (2).
 
 
 
 
(2) Any candidate may make an election petition challenging the election at which he was a candidate.
 
 
 
 
(3) An election petition shall be presented, in such manner as may be prescribed, to the Election Tribunal appointed under section 28.
Appointment of Tribunals
28. (1) For the trial of election petitions, the Election Commission shall, by notification in the official Gazette, appoint a judicial Officer to be an Election Tribunal for such area as may be specified in the notification.
 
 
 
 
(2) Where the person constituting an Election Tribunal is succeeded by another, the trial of a petition shall continue
 
 
before the person so succeeding and any evidence already recorded shall remain upon the record and it shall not be necessary to re-examine the witnesses who have already been examined and discharged.
Power to transfer election petitions
29. 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 one Election Tribunal to another Election Tribunal, and the Tribunal to which the petition is so transferred shall proceed with trial of the petition from the stage at which it was transferred:
 
 
 
 
Provided that the Tribunal to which an election petition is so transferred may, if it thinks fit, recall and examine any of the witnesses already examined.
Trial of election petitions
30. (1) An Election Tribunal shall, upon receipt of an election petition give notice thereof to all the contesting candidates at the election to which the petition relates.
 
 
 
 
(2) Subject to any rules made in this behalf, the Election Tribunal shall, after giving the contesting candidates an opportunity of being heard and taking such evidence as may be produced before it, make such orders as it may think fit.
 
 
 
 
67[(3) Save as provided in sub-section (4), the decision of an Election Tribunal on an election petition shall be final.
 
 
 
 
(4) Any person aggrieved by a decision of the Election Tribunal may, within thirty days of the announcement of the decision, prefer an appeal to the District Judge within whose jurisdiction the election in dispute was held; and the decision of the District Judge on such appeal shall be final:
 
 
 
 
Provided that in the case of a decision announced before the commencement of the Paurashava (Third Amendment) Ordinance, 1984 (LXVII of 1984), such appeal may be preferred within thirty days of such commencement.]
 
 

Chapter IV

FUNCTIONS OF PAURASHAVAS

Compulsory and optional functions of Paurashavas
31. Subject to rules, and such directions as the Government may from time to time give, and within the limits of the funds at its disposal, a Paurashava shall undertake such of the functions given in detail in Part IV as are required to be undertaken by Paurashavas and may undertake-
 
 
 
 
(a) all or any of the functions so given which may be undertaken by a Paurashava; and
 
 
 
 
(b) such other functions as are declared by the Government to be appropriate matters for administration by Paurashavas generally or by any particular Paurashava.
Transfer of functions from a Paurashava to the Government and vice versa
32. Notwithstanding anything contained in this Ordinance or in any other law for the time being in force, the Government may from time to time direct that, subject to such terms and conditions as may be specified in the direction,-
 
 
 
 
(a) any institution or service maintained by a Paurashava shall be transferred to the management and control of the Government; and
 
 
 
 
(b) any institution or service maintained by the Government shall be transferred to the management and control of a Paurashava.
 
 

Chapter V

EXECUTIVE POWER AND CONDUCT OF BUSINESS

Executive powers
33. (1) The executive powers of a Paurashava shall extend to the doing of all acts necessary for the due discharge of its functions under this Ordinance.
 
 
 
 
(2) Save as otherwise provided in this Ordinance and the rules, the executive powers of a Paurashava shall vest in and be exercised by its Chairman, either directly or through other persons authorised by him, in accordance with this Ordinance or the rules.
 
 
(3) All acts of a Paurashava, whether executive or not, shall be expressed to be taken in the name of the Paurashava, and shall be authenticated in the manner prescribed.
Disposal of business
34. (1) All business of a Paurashava shall, to the extent and in the manner prescribed, be disposed of at its meetings, or at the meetings of its committees, or by its Chairman, or commissioners, or officers or employees.
 
 
 
 
68[(2) All meeting of a Paurashava shall be presided over by the Chairman and in his absence, by the Commissioner on the Panel of Chairman performing or entitled to perform the functions of the office of the Chairman during his absence.]
 
 
 
 
(3) No act or proceedings of a Paurashava shall be invalid by reason only of the existence of any vacancy in, or any defect in the constitution of, the Paurashava, or by reason only that some person, who was not entitled to do so, sat or voted or otherwise took part in its proceedings.
 
 
 
 
(4) Minutes of the proceedings of every meeting of a Paurashava shall be drawn up and recorded in a book to be kept for the purpose.
 
 
 
 
(5) All decisions of a Paurashava shall be reported to the Prescribed Authority within fourteen days from the date on which the minutes of the meeting are signed.
Committees and sub-committees
69[35. A Paurashava may appoint such committees or such sub-committees consisting of such number of its commissioners and co-opted members, if any, to perform such functions as may be prescribed by regulations.]
Municipal Improvement Sub-Committee
36. (1) The Government may, in any municipality where there is no improvement trust constituted under any law, by notification in the official Gazette, entrust to the Paurashava any function relating to town improvement.
 
 
(2) Where any function is entrusted to a Paurashava under sub-section (1), the Government may, in the prescribed manner, appoint a Municipal Improvement Sub-Committee, which shall exercise such powers and perform such functions with regard to town improvement as may be prescribed.
Contracts
37. (1) 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 Paurashava;
 
 
 
 
(b) executed in such manner as may be prescribed; and
 
 
 
 
(c) reported to the Paurashava by the Chairman at the meeting next following the execution of the contract.
 
 
 
 
(2) A Paurashava may, by resolution, lay down the procedure that shall regulate the making of various contracts, and in the execution of contracts, the Chairman shall act in accordance with such resolution.
 
 
 
 
(3) No contract executed otherwise than in conformity with the provisions of this section shall be binding on the Paurashava.
Works
38. The Government may by rules provide for-
 
 
 
 
(a) the preparation of plans and estimates for works to be executed by a Paurashava;
 
 
 
 
(b) the authority by whom and the conditions subject to which such plans and estimates shall be technically approved and administratively sanctioned; and
 
 
 
 
(c) the agency by which such plans and estimates shall be prepared and such works shall be executed.
Record, reports and returns
39. A Paurashava shall-
 
 
 
 
(a) maintain such record of its working as may be prescribed;
 
 
 
 
(b) prepare and publish such periodical reports and returns as may be prescribed; and
 
 
(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 Paurashava.

Chapter VI

OFFICERS AND EMPLOYEES OF PAURASHAVAS

Paurashava Service
40. (1) There shall be constituted a Paurashava 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 Paurashavas which shall be filled by persons belonging to the Paurashava Service.
Officers and employees of Paurashavas
 
 
 
 
41. (1) The specified authority may, on the prescribed terms and conditions, appoint a secretary and one or more principal officers for a Paurashava who shall perform such functions as are assigned to them in relation to such Paurashava by or under this Ordinance.
 
 
 
 
(2) A Paurashava 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) 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); and
 
 
 
 
(b) the Paurashava may suspend, remove, dismiss, or otherwise punish any person appointed under sub-section (2).
 
 
 
 
(4) The specified authority may transfer any of the persons appointed under sub-section (1) from one Paurashava to another Paurashava within its jurisdiction.
 
 
(5) In this section,-
 
 
 
 
(a) “principal officer” means an officer notified as such by the Government; and
 
 
 
 
(b) “specified authority” means an authority specified by rules.
Chief Executive Officer
42. (1) Notwithstanding anything contained in section 40, there shall be a Chief Executive Officer for such Paurashava as the Government may direct.
 
 
 
 
(2) The Chief Executive Officer shall be appointed by the Government, or by such authority as the Government may specify, on such terms and conditions as may be prescribed.
 
 
 
 
(3) Where a Chief Executive Officer is appointed for a Paurashava, he shall be the principal executive officer of the Paurashava, and all other officers and employees of the Paurashava shall be subordinate to him.
 
 
 
 
(4) The Chief Executive Officer shall have the same right of being present at any meeting of the Paurashava 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.
Provident Fund, etc.
43. (1) A Paurashava 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 Paurashava may, in the prescribed manner, and with the previous sanction of the Government, provide for the payment of 70[gratuity] to its officers and employees after retirement.
 
 
 
 
(3) A Paurashava may, with the previous sanction of the Government, grant a special 71[* * *] 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 Paurashava 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 Paurashava may, in the prescribed manner, establish and maintain-
 
 
 
 
72[* * *]
 
 
 
 
(b) a Benevolent Fund out of which shall be paid any special 73[* * *] gratuity granted under sub-section (3) or such other relief as may be prescribed.
 
 
 
 
(6) The Paurashavas 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.
Service matters to be prescribed
44. The Government may, by rules,-
 
 
 
 
(a) prescribe the conditions of service of the officers and employees of the Paurashavas;
 
 
 
 
(b) prescribe the grades of pay for the officers and employees of Paurashavas;
 
 
 
 
(c) prescribe a schedule of establishment setting forth the staff that shall be employed by a Paurashava;
 
 
 
 
(d) prescribe the qualifications for various posts under Paurashavas;
 
 
(e) prescribe the principles to be followed in making appointments to various posts under Paurashavas;
 
 
 
 
(f) prescribe the method for the holding of enquiries in cases where disciplinary action is proposed to be taken against officers and employees of Paurashavas, 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 Paurashavas.
 
 

  • 1
    The colon (:) was substituted for the full stop (.) and the proviso was added by section 2 of the Paurashava (Amendment) Ordinance, 1982 (Ordinance No. LVI of 1982)
  • 2
    Section 4A was inserted by section 2 of the Paurashava (Second Amendment) Act, 1992 (Act No. XLVI of 1992)
  • 3
    The full stop (.) was substituted for the colon (:) by section 3 of the Paurashava (Second Amendment) Ordinance, 1984 (Ordinance No. LXIII of 1984)
  • 4
    The proviso was omitted by section 3 of the Paurashava (Second Amendment) Ordinance, 1984 (Ordinance No. LXIII of 1984)
  • 5
    Sub-section (1) was substituted by section 3 of the Paurashava (Amendment) Ordinance, 1984 (Ordinance No. XI of 1984)
  • 6
    The word “elected” was omitted by section 3 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)
  • 7
    Clause (bb) was inserted by section 2 of the Paurashava (Amendment) Act, 1998 (Act No. II of 1998)
  • 8
    Clause (c) was omitted by section 3 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)
  • 9
    The words, brackets, figure and comma “Subject to the provisions of sub-section (3), the Chairman and Commissioners” were substituted for the words “The Chairman and elected Commissioners” by section 3 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)
  • 10
    The word “The” was substituted for the words, brackets and comma “Subject to the provision of sub-section (3), the” by section 2 of the Paurashava (Amendment) Act, 1998 (Act No. II of 1998)
  • 11
    The full stop (.) was substituted for the colon (:) and the proviso was omitted by section 4 of the Paurashava (Second Amendment) Ordinance, 1984 (Ordinance No. LXIII of 1984)
  • 12
    Sub-section (3) was substituted by section 2 of the Paurashava (Amendment) Act, 1998 (Act No. II of 1998)
  • 13
    The words “Chairman and commissioners” were substituted for the words “Chairman” by section 2 of the Paurashava (Second Amendment) Ordinance, 1978 (Ordinance No. II of 1979)
  • 14
    The words and comma “Term of Paurashavas, etc.” were substituted for the words “Term of Paurashavas” by section 2 of the Paurashava (Amendment) Act, 1992 (Act No. IX of 1992)
  • 15
    Sub-sections (1) (1A) (1B) and the explanation were substituted for former sub-section (1) by section 2 of the Paurashava (Amendment) Act, 1992 (Act No. IX of 1992)
  • 16
    Sub-section (1) was substituted by section 3 of the Paurashava (Amendment) Act, 1998 (Act No. II of 1998)
  • 17
    Sub-section (1A) was omitted by section 4 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)
  • 18
    Clause (1AA) was inserted by section 3 of the Paurashava (Amendment) Act, 1998 (Act No. II of 1998)
  • 19
    The words and commas “Commissioners, other than Commissioners of reserved seats,” were substituted for the words “elected commissioners” by section 4 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)
  • 20
    The words and commas “, other than Commissioners of reserved seats,” were omitted by section 3 of the Paurashava (Amendment) Act, 1998 (Act No. II of 1998)
  • 21
    The word “elected” was omitted by section 4 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)
  • 22
    The words, brackets, figure and commas “sub-section (2), be qualified to be elected as, and to be, a Chairman or a Commissioner” were substituted for the words, brackets, figure and commas “sub-section (1), be qualified to be elected as, and to be, a Chairman or an elected Commissioner, or to be nominated as a woman Commissioner,” by section 5 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)
  • 23
    The words and comma “a Commissioner,” were substituted for the words and commas “an elected Commissioner, or for nomination as a woman Commissioner,” by section 5 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)
  • 24
    Clauses (a) and (aa) were substituted for former clause (a) by section 2 of the Paurashava (Amendment) Act, 1990 (Act No. XII of 1990)
  • 25
    Clause (a) was omitted by section 5 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)
  • 26
    The semi-colon (;) was substituted for the full-stop (.) and thereafter clause (g) and the Explanation were inserted by section 2 of the Local Government Laws (Amendment) Act, 1987 (Act No. XXIII of 1987)
  • 27
    The semi-colon (;) was substituted for the full-stop (.) and thereafter clause (h) was inserted thereafter by section 2 of the Local Government Laws (Amendment) Act, 1990 (Act No. LVI of 1990)
  • 28
    The semi-colon (;) was substituted for the full-stop (.) and thereafter clauses (i) and (j) were added by section 5 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)
  • 29
    Sub-section (3) was added by section 3 of the Local Government Laws Amendment Act, 1980 (Act No. II of 1980)
  • 30
    The word “elected” was omitted by section 6 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)
  • 31
    The word “elected” was omitted by section 6 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)
  • 32
    Sub-section (3) was added by section 2 of the Paurashava (Amendment) Ordinance, 1986 (Ordinance No. LVI of 1986)
  • 33
    The words “a Commissioner” were substituted for the words “an elected Commissioner” by section 7 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)
  • 34
    The words “a Commissioner” were substituted for the words “an elected Commissioner” by section 7 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)
  • 35
    The words and comma “with prior approval of the Government,” were omitted by section 5 of the Paurashava (Second Amendment) Ordinance, 1984 (Ordinance No. LXIII of 1984)
  • 36
    The words “a Commissioner” were substituted for the words “an elected Commissioner” by section 7 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)
  • 37
    The words “total number of elected commissioners” were substituted for the words “total number of commissioners” by section 5 of the Paurashava (Second Amendment) Ordinance, 1984 (Ordinance No. LXIII of 1984)
  • 38
    The word “Commissioners” was substituted for the words “elected Commissioners” by section 7 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)
  • 39
    The words “a Commissioner” were substituted for the words “an elected Commissioner” by section 7 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)
  • 40
    The Explanation was omitted by section 5 of the Paurashava (Second Amendment) Ordinance, 1984 (Ordinance No. LXIII of 1984)
  • 41
    The words “or nomination” were omitted by section 7 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)
  • 42
    The words “a Commissioner” were substituted for the words “an elected Commissioner” by section 8 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)
  • 43
    Clause (aa) was omitted by section 8 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)
  • 44
    The words and commas “or a nomination, as the case may be,” were omitted by section 9 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)
  • 45
    The words “or made” were omitted by section 9 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)
  • 46
    The words “or nominated” were omitted by section 9 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)
  • 47
    Section 17 was substituted by section 10 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)
  • 48
    Section 18 was substituted by section 11 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)
  • 49
    Sections 18A and 18B were added by section 3 of the Paurashava (Fourth Amendment) Ordinance, 1984 (Ordinance No. LXXVII of 1984)
  • 50
    The commas and words “,OTHER THAN IN RESERVED SEATS,” were omitted by section 4 of the Paurashava (Amendment) Act, 1998 (Act No. II of 1998).
  • 51
    Section 19 was substituted by section 5 of the Paurashava (Amendment) Act, 1998 (Act No. II of 1998)
  • 52
    The words “ save with a variation of not more than ten percent” were inserted by section 6 of the Paurashava (Amendment) Act, 1998 (Act No. II of 1998)
  • 53
    Section 21A was inserted by section 7 of the Paurashava (Amendment) Act, 1998 (Act No. II of 1998)
  • 54
    Section 22 was substituted by section 2 of the Paurashava (Amendment) Ordinance, 1983 (Ordinance No. X of 1983)
  • 55
    The word “Elected” was omitted by section 8 of the Paurashava (Amendment) Act, 1998 (Act No. II of 1998)
  • 56
    The word “elected” was omitted by section 14 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)
  • 57
    The word “elected” was omitted by section 14 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)
  • 58
    Clauses (b) and (c) were substituted for clause (b) by section 14 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)
  • 59
    The words “after its” were substituted for the words “preceding the” by section 8 of the Paurashava (Amendment) Act, 1998 (Act No. II of 1998)
  • 60
    Sub-section (3) was added by section 8 of the Paurashava (Amendment) Act, 1998 (Act No. II of 1998)
  • 61
    The words and commas “Commissioners, other than election of Commissioners in reserved seats,” were substituted for the words “elected Commissioners” by section 15 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)
  • 62
    The commas and words “,other than election of Commissioners in reserved seats,” were omitted by section 9 of the Paurashava (Amendment) Act, 1998 (Act No. II of 1998)
  • 63
    The words and commas “Commissioner, other than Commissioners of reserved seats,” were substituted for the words “elected Commissioners” by section 16 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)
  • 64
    The commas and words “,other than Commissioners of reserved seats,” were omitted by section 10 of the Paurashava (Amendment) Act, 1998 (Act No. II of 1998)
  • 65
    The words and commas “Commissioner, other than Commissioners of reserved seats,” were substituted for the words “elected Commissioners” by section 16 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)
  • 66
    The commas and words “,other than Commissioners of reserved seats,” were omitted by section 8 of the Paurashava (Amendment) Act, 1998 (Act No. II of 1998)
  • 67
    Sub-section (3) was substituted by section 2 of the Paurashava (Third Amendment) Ordinance, 1984 (Ordinance No. LXVII of 1984)
  • 68
    Sub-section (2) was substituted by section 17 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)
  • 69
    Section 35 was substituted by section 10 of the Paurashava (Second Amendment) Ordinance, 1984 (Ordinance No. LXIII of 1984).
  • 70
    The word “gratuity” was substituted for the word “pension” by section 3 of the Local Government Laws (Amendment) Act, 1988 (Act No. VIII of 1988)
  • 71
    The words “pension or” were omitted by section 3 of the Local Government Laws (Amendment) Act, 1988 (Act No. VIII of 1988)
  • 72
    Clause (a) was omitted by section 3 of the Local Government Laws (Amendment) Act, 1988 (Act No. VIII of 1988)
  • 73
    The words “pension or” were omitted by section 3 of the Local Government Laws (Amendment) Act, 1988 (Act No. VIII of 1988)
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