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The Paurashava Ordinance, 1977 (Ordinance)

( Ordinance NO. XXVI OF 1977 )

Chapter I

CONSTITUTION AND COMPOSITION OF PAURASHAVAS

Qualifications and disqualifications of Chairman and commissioners of Paurashavas
10. (1) A person shall, subject to the provisions of 1[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 2[a Commissioner,] if-
 
 
 
 
3[ 4[* * * ]
 
 
(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 5[;
 
 
 
 
(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] 6[;
 
 
 
 
(h) he or she is a member of Parliament] 7[;
 
 
 
 
(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.]
 
 
 
 
8[(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.]

  • 1
    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)
  • 2
    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)
  • 3
    Clauses (a) and (aa) were substituted for former clause (a) by section 2 of the Paurashava (Amendment) Act, 1990 (Act No. XII of 1990)
  • 4
    Clause (a) was omitted by section 5 of the Paurashava (Third Amendment) Act, 1992 (Act No. LII of 1992)
  • 5
    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)
  • 6
    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)
  • 7
    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)
  • 8
    Sub-section (3) was added by section 3 of the Local Government Laws Amendment Act, 1980 (Act No. II of 1980)
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