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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 IV

TRANSITIONAL AND TEMPORARY PROVISIONS

Provisions of this Chapter over ride other provisions
166. The provisions of this Chapter shall have effect notwithstanding anything contained in any other provision of this Ordinance.
Chittagong Paurashava to become the Corporation
167. (1) Notwithstanding anything contained in this Ordinance or any other law for the time being in force, on the commencement of this Ordinance, the Chittagong Paurashava constituted under the Paurashava Ordinance, 1977 (Ordinance XXVI of 1977), shall be deemed to be the Chittagong Municipal Corporation.
 
 
 
 
(2) Until the Corporation is constituted in accordance with the provisions of the Ordinance, the functions of the Corporation shall be performed by an Administrator to be appointed by the Government.
 
 
(3) The Government may appoint 1[two Deputy Administrators] to assist the Administrator in the performance of his functions.
Appointment of ward committees
2[167A. (1) The Administrator appointed under section 167 may, with the approval of the Government, appoint a ward committee for each ward to assist him in the performance of his functions.
 
 
 
 
(2) A ward committee shall consist of a Chairman and such number of other members as may be appointed by the Administrator.
 
 
 
 
(3) The Chairman of a ward committee shall be deemed to be a Commissioner for the purposes of this Ordinance.]
First elections to the Corporation
168. For the purpose of first general election of Commissioners, the Government shall, by order published in the official Gazette, determine-
 
 
 
 
(a) the number of wards into which the City shall be divided;
 
 
 
 
(b) the extent of each such ward; and
 
 
 
 
(c) the number of seat or seats allotted to each such ward.
Ratification and confirmation of certain orders, acts etc. of the Corporation
3[168A. Notwithstanding anything contained in this Ordinance or in any other law for the time being in force, all orders made, acts and things done, and actions and proceedings taken, or purported to have been made, done or taken, by the Corporation during the period between 18th September, 1991 and the date of the first meeting of the Corporation composed of persons elected, subsequent to 18th September, 1991 under this Ordinance (both days inclusive), are hereby ratified and confirmed and shall be deemed to have been validly made, done or taken by the Corporation and shall not be called in question in or before any Court, tribunal or authority on any ground whatsoever.]
Repeal, etc.
169. (1) On the commencement of this Ordinance, the Paurashava Ordinance, 1977 (Ord. XXVI of 1977), shall, in its application to be City of Chittagong, stand repealed.
 
 
 
 
(2) Upon the repeal of the said Ordinance,-
 
 
 
 
(a) the Chittagong Paurashava shall stand dissolved and the persons holding office as Chairman and Commissioners thereof cease to hold office;
 
 
 
 
(b) all rules, regulations, by laws or orders made, notifications or notices issued, or licences or permissions granted under the enactment repealed under sub section (1), and in force immediately before the commencement of this Ordinance shall, in so far as it is 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 it is altered, 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 Chittagong Paurashava subsisting immediately before the commencement of this Ordinance shall stand transferred to and vest in the Corporation;
 
 
 
 
(d) all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for Chittagong Paurashava before the commencement of this Ordinance shall be deemed to have been incurred, entered into or engaged to be done by, with or for the Corporation;
 
 
 
 
(e) all budget estimates, assessments, valuations, measurements or schemes made by the Chittagong Paurashava 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 until it is altered, amended or superseded under the said provisions;
 
 
 
 
(f) all taxes, rates, tolls, cesses, fees, rents and other sums of money due to the Chittagong Paurashava immediately before the commencement of this Ordinance shall be deemed to be due to the Corporation;
 
 
(g) all taxes, rates, tolls, cesses, fees, rents, fares and other charges levied by the Chittagong Paurashava shall, until they are varied by the Corporation, continue to be levied at the same rate at which they were levied by them immediately before the commencement of this Ordinance;
 
 
 
 
(h) every officer and other employee of the Chittagong Paurashava shall stand transferred to and become an officer or other employee of the Corporation with such designation as the Chief Executive Officer may determine and shall hold office or service in the Corporation on the same terms and conditions as were enjoyed by him immediately before the commencement of this Ordinance and shall continue to do so until his terms and conditions are duly altered under this Ordinance:
 
 
 
 
Provided that no officer or other employee whose services are so transferred shall be entitled to any compensation because of such transfer:
 
 
 
 
Provided further that an officer or other employee may, within such time as may be specified by the Corporation, exercise his option not to serve in the Corporation;
 
 
 
 
(i) all suits, prosecutions and other legal proceedings instituted by or against the Chittagong Paurashava before the commencement of this Ordinance shall be deemed to be suits, prosecutions and proceedings by or against the Corporation and shall be proceeded or otherwise dealt with accordingly.
Certain matters to be prescribed
170. 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.
Removal of difficulties
171. If any difficulty arises in giving effect to the provisions of this Ordinance, the Government may, by order, do anything which appears to it to be necessary for the purpose of removing the difficulty:
 
 
 
 
Provided that no such order shall be made after the expiration of two years from the constitution of the Corporation.
 
 

  • 1
    The words “ two Deputy Administrators” were substituted for the words “a Deputy Administrator” by section 2 of the Chittagong Municipal Corporation (Amendment) Ordinance, 1986 (Ordinance No. XLI of 1986).
  • 2
    Section 167A was inserted by section 2 of the Chittagong Municipal Corporation (Second Amendment) Ordinance, 1984 (Ordinance No. LXII of 1984).
  • 3
    Section 168A was inserted by section 3 of the Chittagong City Corporation (Amendment) Act, 2004 (Act No. XIX of 2004).
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