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The Chittagong City Corporation Ordinance, 1982

( Ordinance NO. XXXV OF 1982 )

এই অধ্যাদেশটি স্থানীয় সরকার ( সিটি কর্পোরেশন ) আইন, ২০০৯ (২০০৯ সনের ৬০ নং আইন) দ্বারা রহিত করা হইয়াছে।

Chapter III

MISCELLANEOUS

Power of Government to include and exclude areas in or from the City and effect thereof
152. (1) The Government may, in the prescribed manner, include within the limits of the City any area adjacent thereto or exclude from the limits of the City any area comprised therewith.
 
 
 
 
(2) When any area is included within the limits of the City, this Ordinance and all rules, regulations, by laws, directions and powers made, issued or conferred under this Ordinance shall apply to the said area.
 
 
 
 
(3) When any area is excluded from the limits of the City, this Ordinance and all rules, regulations, by laws, orders, directions and powers made, issued or conferred under this Ordinance shall cease to apply thereto.
 
 
 
 
(4) The Government may make such orders as may be necessary to give effect to the inclusion or exclusion of the said area and any matters incidental or ancillary thereto.
Appeals
153. (1) Any person aggrieved by an order passed by the Corporation or by the Mayor 1[* * *] or by the Chief Executive Officer in pursuance of this Ordinance or the rules or by laws, may appeal to such authority, in such manner and within such period as may be prescribed.
 
 
 
 
(2) Any order passed in appeal shall be final and shall not be called in question in any Court.
Standing Orders
 
 
154. The Government may, by Standing Orders issued from time to time,-
 
 
 
 
(a) define and regulate the relations of the Corporation with other local authorities;
 
 
 
 
(b) provide for co ordinating the activities of the Corporation and Government authorities or agencies;
 
 
 
 
(c) provide for giving financial assistance to the Corporation, including the making of grants for specified purposes on specified terms and conditions;
 
 
 
 
(d) provide for the general guidance of the Corporation in carrying out the purposes of this Ordinance.
Power to make rules
155. (1) The Government may make rules to carry out the purposes of this Ordinance.
 
 
 
 
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the matters enumerated in the Fourth Schedule, and all matters incidental, consequential and supplemental thereto.
Power to make regulations
156. The Corporation may make regulations to regulate the procedure in respect of all or any of the matters enumerated in the Fifth Schedule, and all matters incidental, consequential and supplemental thereto.
Power to make by laws
157. (1) The Corporation may, and if so required by the Government, shall, make by laws, not inconsistent with the provisions of this Ordinance and the rules, to carry out the purposes of this Ordinance.
 
 
 
 
(2) In particular and without prejudice to the generality of the foregoing power, such by laws may provide for all or any of the matters enumerated in the Sixth Schedule, and all matters incidental, consequential and supplemental thereto.
General provisions relating to rules, etc.
158. (1) All by laws shall be made subject to the condition of previous publication.
 
 
 
 
(2) All regulations and by laws shall be subject to the sanction of the Government and the Government may sanction any regulations or by laws with or without modifications.
 
 
 
 
(3) All rules, regulations and by laws shall be notified in the official Gazette.
 
 
 
 
(4) Copies of rules, regulations and by laws shall be kept available at the office of the Corporation for inspection and sale
Delegation of powers
.
 
 
 
 
159. (1) The Government may, by notification in the official Gazette, delegate all or any of its powers under this Ordinance or the rules to the Divisional Commissioner or any other officer subordinate to it.
 
 
 
 
(2) The Corporation may, by resolution passed with the previous sanction of the Government and subject to such terms and conditions as may be specified in the resolution, delegate any of its functions to all or any of its Standing Committees or to the Chief Executive Officer.
 
 
 
 
(3) A Standing Committee may, by resolution passed with the previous sanction of the Corporation and subject to such terms and conditions as may be specified in the resolution, delegate any of its functions to the Chief Executive Officer not being powers delegated to it under sub section (2).
 
 
 
 
(4) The Chief Executive Officer may, by order in writing issued with the previous sanction of the Corporation and subject to such terms and conditions as may be specified in the order, delegate any of his functions to any other officer or employees of the Corporation not being powers delegated to him under sub section (2) or sub-section (3).
Licences and sanctions
160. (1) Wherever it is provided in this Ordinance, or in the rules, regulations or by laws, that the permission or sanction of the Corporation shall be necessary to the doing of any act, such permission or sanction shall be in writing.
 
 
 
 
(2) Every licence, sanction or permission granted by or under the authority of the Corporation shall be signed by the Chief Executive Officer or by such other officer as may be authorised in this behalf by rules, regulations or by laws.
Institution of suits against the Corporation, etc.
 
 
 
 
161. No suit shall be instituted against the Corporation or the Mayor 2[* * *] or Commissioner or the Chief Executive Officer or any other officer or employee of the Corporation in respect of any act done or purporting to be done in official capacity, until the expiration of one month next after notice in writing has been in the case of the Corporation, delivered or left at its office, and in the case of the Mayor 3[* * *] or any Commissioner, or the Chief Executive Officer or other officer or employee delivered to him or left at his office or place of abode, stating the cause of action and the name and place of abode of the intending plaintiff and the plaint shall contain a statement that such notice has been so delivered or left.
Notice and service thereof
162. (1) Where anything is required to be done or not to be done by any person under this Ordinance, or the rules, regulations or by-laws, a notice shall be served on the person concerned specifying the time within which the requirement shall be complied with.
 
 
 
 
(2) No notice shall be invalid for defect of form.
 
 
 
 
(3) Every notice shall, unless otherwise provided, be served or presented by giving or tendering the notice or sending it by post to the person for whom it is intended or by affixing it on some conspicuous part of his place of abode or business.
 
 
 
 
(4) A notice intended for the public in general shall be deemed to have been sufficiently served if a copy thereof is affixed in such public place as may be determined by the Corporation.
Records to be public documents
163. 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.
Mayor,4[ * * * ] Commissioners, Officers and employees of the Corporation to be public servants
164. The Mayor 5[* * *] and every Commissioner and the Chief Executive Officer and every other officer or employee of the Corporation, and every other person duly empowered to act on behalf of the Corporation, shall be deemed to be a public servant within the meaning of section 21 of the Penal Code (XLV of 1860).
Mayor, etc., not to be disqualified for membership of Parliament
164A. [Mayor, etc., not to be disqualified for membership of Parliament.- Omitted by section 35 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993).]
Protection of action taken in good faith, etc.
165. No suit, prosecution or other legal proceeding shall lie against the Government or the Corporation, or against any person authorised by either, for anything which is in good faith done or intended to be done under this Ordinance or the rules, regulations or by laws, or for any damage caused or likely to be caused by any such thing.
 
 

  • 1
    The words “or the Deputy Mayor” were omitted by section 32 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993).
  • 2
    The words “or the Deputy Mayor” were omitted by section 33 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993).
  • 3
    The words “or the Deputy Mayor” were omitted by section 32 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993).
  • 4
    The words and comma “Deputy Mayor,” were omitted by section 34 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993
  • 5
    The words and comma “Deputy Mayor,” were omitted by section 34 of the Chittagong City Corporation (Amendment) Act, 1993 (Act No. VII of 1993
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