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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 I

PUBLIC HEALTH

Responsibility for sanitation
75. The Corporation shall be responsible for the sanitation of the City, and for this purpose, it may cause such measures to be taken as are required by or under this Ordinance.
Insanitary Buildings
76. (1) The Corporation may by notice require the owner or occupier of any building or land which is in insanitary or unwholesome state-
 
 
 
 
(a) to clean or otherwise put it in a proper state;
 
 
 
 
(b) to make arrangements to the satisfaction of the Corporation for its proper sanitation;
 
 
 
 
(c) to limewash the building and to make such essential repairs as may be specified in the notice; and
 
 
 
 
(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 Corporation may cause the necessary steps to be taken at the expense of the owner or occupier, and the cost so incurred by the Corporation shall be deemed to be a tax levied on the owner or occupier under this Ordinance.
Removal, collection and disposal of refuse
77. (1) The Corporation 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 Corporation, and for the collection and proper disposal of such refuse.
 
 
 
 
(2) The occupiers of all other buildings and lands within the Corporation shall be responsible for the removal of refuse from such buildings and lands subject to the general control and supervision of the Corporation.
 
 
 
 
(3) The Corporation may cause public dustbins or other suitable receptacles to be provided at suitable places and where such dustbins or receptacles are provided, the Corporation 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 Corporation or under their control and supervision and all refuse deposited in the dustbins and other receptacles provided by the Corporation shall be the property of the Corporation.
Latrines and urinals
78. (1) The Corporation may, and if so required by the Government, 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 any latrine or urinal pertains shall keep such latrine or urinal in a proper state to the satisfaction of the Corporation and shall employ such staff for the purpose as may be necessary, or as may be specified by the Corporation.
 
 
 
 
(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 Corporation may, by notice require the owner of such premises-
 
 
 
 
(a) to provide such, or such additional, privy or urinal accommodation as may be specified in the notice;
 
 
 
 
(b) to make such structural or other alterations in the existing privy or urinal accommodation as may be so specified;
 
 
 
 
(c) to remove the privy or urinal; and
 
 
(d) where there is an underground sewerage system, to substitute connected privy or connected urinal accommodation for any service privy or service-urinal accommodation.
Births, deaths and marriages
79. (1) The Corporation shall register all births, deaths and marriages within the limits of the City and 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) The by laws made under sub section (1) may exempt any class or classes of marriages information in respect of which is not deemed necessary for registration under this section.
Infectious diseases
80. (1) The Corporation shall adopt such measures to prevent infectious diseases and to restrain infection within the City as the rules and by-laws may provide.
 
 
 
 
(2) The Corporation 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) The Corporation may, in the prescribed manner, frame and implement schemes for the prevention and control of infectious diseases.
Health and maternity centres, etc.
81. The Corporation may, and if so required by the Government, shall-
 
 
 
 
(a) establish, manage, maintain or contribute towards the maintenance of health centres, maternity centres and centres for the welfare of women, infants and children;
 
 
 
 
(b) provide for the training of dais;
 
 
 
 
(c) provide for the promotion of family planning; and
 
 
 
 
(d) adopt such other measures as may be necessary to promote the health and welfare of women, infants and children.
Promotion of public health
82. Subject to the provisions of this Ordinance and the rules, the Corporation 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.
Hospitals and dispensaries
83. (1) The Corporation 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 City, and the people visiting it.
 
 
 
 
(2) Every hospital and dispensary maintained by the Corporation 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 Government, every hospital and dispensary maintained by the Corporation shall be provided with such drugs, medicines, instruments, appliances, equipments, apparatus and furniture in accordance with such scale and standards as may be prescribed.
Medical aid and relief, and medical education, etc.
84. The Corporation 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 centres;
 
 
 
 
(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.
 
 
 
 

Chapter II

WATER SUPPLY AND DRAINAGE

Water supply
85. (1) Subject to any law for the time being in force, the Corporation may provide, or cause to be provided to the City a supply of wholesome water sufficient for public and private purposes.
 
 
 
 
(2) The Corporation may, and if so required by the Government, 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 Corporation may supply water to private and public premises in such manner and on payment of such charges as the by-laws may provide.
Private sources of water supply
86. (1) All private sources of water supply within the City shall be subject to control, regulation and inspection by the Corporation.
 
 
 
 
(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 Corporation.
 
 
 
 
(3) The Corporation may, by notice require the owner or any person having the control of any private source of water supply used for drinking purposes-
 
 
 
 
(a) to keep the same in good order and to clear it from time to time of silt, refuse and decaying matter;
 
 
(b) to protect the same from contamination in such manner as the Corporation may direct; and
 
 
 
 
(c) if the water therein is proved to the satisfaction of the Corporation to be unfit for drinking purposes, to take such measures as may be specified in the notice to prevent the use of such water for drinking purposes.
Drainage
87. (1) Subject to any law for the time being in force, the Corporation shall provide an adequate system of public drains in the City area 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 City may, with the previous permission of the Corporation, and subject to such terms and conditions, including the payment of fees, as the Corporation 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 Corporation, and the Corporation may, in such manner as the by laws may provide, require the provision, alteration, covering, clearing and closing of private drains.
Drainage Schemes
88. (1) The Corporation may, and if so required by the Government, 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 sullage.
 
 
 
 
(2) A Drainage Scheme prepared under sub section (1) shall be submitted for approval to the Government, 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 Government shall be executed and implemented in such manner, within such period and by such authority as may be specified by the Government.
 
 
 
 
(4) The Corporation may by notice require the owner of any building or land within the City-
 
 
 
 
(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.
Bathing and washing places
89. (1) The Corporation may from time to time-
 
 
 
 
(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 hamam or a bath for public use except under a licence granted by the Corporation, and in conformity with the conditions and terms of such licence.
Dhobi ghats and washermen
90. (1) The Corporation may provide dhobi ghats for the exercise of their calling by washermen, and may by by laws regulate the use of dhobi ghats and levy fees for their use.
 
 
 
 
(2) The Corporation may by by laws provide for the licensing of washermen and the regulation of their calling.
Public water courses
91. (1) The Corporation may, with the previous sanction of the Government, declare any source of water, spring, river, tank, pond, or public stream, or any part thereof within the City, which is not private property, to be a public water course.
 
 
 
 
(2) The Corporation 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.
Public ferries
92. (1) The Corporation 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 licences 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 Corporation, and thereupon the Corporation shall manage and operate the public ferry in such manner and levy such tolls as may be prescribed
Public fisheries
93. The Corporation 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 Corporation which may exercise such right in such manner as may be prescribed.
 
 

Chapter III

ARTICLES OF FOOD AND DRINK

By laws for articles of food and drink
94. The Corporation may by 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 Corporation;
 
 
 
 
(b) prohibit the import into the City for sale, or the sale, or the hawking for sale, of any specified article of food or drink by person not so licensed;
 
 
 
 
(c) prohibit the hawking of specified articles of food and drink in such parts of the City as may be specified;
 
 
 
 
(d) regulate the time and manner of transport within the City of any specified article of food or drink;
 
 
 
 
(e) regulate the grant and withdrawal of licences 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.
Milk Supply
95. (1) Except under a licence granted by the Corporation, and in conformity with the conditions of such licence, no person shall, within the City, keep milch cattle for the sale of milk, or sell milk, or expose 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) The Corporation may, in the prescribed manner, and with the previous sanction of the Government, 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 milch cattle in the City 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.
Public markets
96. 1[(1) Subject to any law for the time being in force, the Corporation may establish and maintain public markets, and secure the proper management and sanitation of such markets. (1A) Notwithstanding anything contained in any other law for the time being in force, the Corporation may, for the purpose of construction of public markets, realise such salami or advanced rent from the intending occupants on such terms and conditions as it may determine.]
 
 
 
 
(2) The Corporation may, in respect of a 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, pens or stamps;
 
 
 
 
(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, weighmen and other persons practising their calling therein.
Private markets
2[96A. (1) No private market shall be established or maintained within the Corporation except under a licence granted by the Corporation and in conformity with the conditions of such licence.
 
 
 
 
(2) Notwithstanding the provisions of sub section (1), the owner of every private market within the Corporation maintained immediately before the coming into force of this Ordinance, shall, within three months, apply for a licence to the Corporation and until the licence is granted shall continue to maintain the same.
 
 
 
 
(3) The Corporation may levy such fees in respect of private markets as the by-laws may provide.
 
 
 
 
(4) If the Corporation is satisfied that in public interest any private market should be discontinued or taken over by the Corporation, it may direct that the market should be discontinued, or that, subject to the payment of such compensation as would have been payable if it had been acquired under the Acquisition and Requisition of Immovable Property Ordinance, 1982 (II of 1982), the market should be taken over by the Corporation.
 
 
 
 
(5) The Corporation may, by a 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.]
Slaughter-house
97. The Corporation shall provide and maintain at such site or sites within or without the limits of the City, as the Government may approve, one or more slaughter-houses for the slaughter of animals or of any specified description of animals for sale.
 
 
 
 
 
 

Chapter IV

ANIMALS

Animal husbandry
98. (1) The Corporation 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) The Corporation may by by-laws 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.
Stray animals
99. (1) The Corporation may by by-laws provide for the seizure, detention and impounding of animals found straying in any street, public place or cultivated land.
 
 
 
 
(2) The Corporation may, and if so required by the Government, shall, establish and maintain cattle pounds for impounding of cattle and charge such fines and fees for the impounding of cattle as the by-laws may provide.
 
 
 
 
(3) No animal shall be picketed or tethered in such streets or places as may be specified by the Corporation, and any animal found picketed or tethered in any such street or place shall be liable to seizure and impounding.
Animal homes and farms
100. (1) The Corporation may, with previous approval of the Government, establish and maintain Animal Homes, where, subject to such terms and conditions and on the payment of such fees and other charges, as the by-laws may provide, the animals of private persons may be kept.
 
 
 
 
(2) The Corporation may, with the previous approval of the Government, 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.
Registration of the sale of cattle
101. (1) The Corporation may by by-laws require that every sale of such of the animals as may be specified shall be registered with the Corporation in such manner, and subject to the payment of such fees, as the by-laws may provide.
Livestock improvement
102. (1) The Corporation may, with the previous approval of the Government, 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.
Dangerous animals
103. The Corporation 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.
Cattle shows, zoos, etc.
104. (1) The Corporation may hold cattle shows and fairs within the limits of the City and charge such fees from the people attending such shows or fairs as the by-laws may provide.
 
 
 
 
(2) The Corporation may, with the previous approval of the Government, maintain or contribute towards the maintenance of zoological gardens.
Disposal of carcasses
105. 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 persons shall either-
 
 
 
 
(a) convey the carcass within twenty four hours to a place, if any, fixed by the Corporation for the disposal of the dead bodies of animals, or to a place beyond the limits of the City, not being a place within one mile of such limits; or
 
 
(b) give notice of the death to the Corporation, whereupon the Corporation 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 horned cattle, elephants, camels, horses, ponies, asses, mules, deer, sheep, goats, swine, dogs, cats and other large animals.
 
 

Chapter V

TOWN PLANNING

Master Plan
106. The Corporation may, and if so required by the Government, shall, draw up a Master Plan for the City which shall, among other matters, provide for -
 
 
 
 
(a) a survey of the City including its history, statistics, public services and other prescribed particulars;
 
 
 
 
(b) development, expansion, and improvement of any area within the City; 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 City.
Site Development Schemes
107. (1) Where a Master Plan has been drawn up under section 106 and such Master Plan has been approved, with or without any modifications by the Government, no owner of lands 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 or any plot of land covered by the Master Plan, except in conformity with the provisions of a 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 Corporation;
 
 
(d) the land to be acquired by the Corporation;
 
 
 
 
(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.
Execution of Site Development Schemes
108. (1) The execution of a Site Development Scheme shall be subject to the inspection and control of the Corporation, and the Corporation 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 Corporation 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 Corporation 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 Corporation, or if the development is not in conformity with the terms of the Site Development Scheme, the Corporation may, in the prescribed manner, take over the development of the site and execute the necessary works, and the cost incurred thereon by the Corporation shall be deemed to be a tax levied on the owner or owners under this Ordinance.
 
 
,
 
 

Chapter VI

BUILDING CONTROL

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

Chapter VII

STREETS

Public streets
110. (1) The Corporation 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 City and of the visitors thereto.
 
 
 
 
(2) The Corporation shall, in the prescribed manner, prepare and execute a Road Maintenance and Development Programme, which shall form a part of the budget, and the Government may alter or amend the programme in such manner as it considers necessary.
Streets
111. (1) No new street shall be laid out except with the previous sanction of the Corporation, and in conformity with the terms and conditions of such sanction.
 
 
 
 
(2) All streets other than public streets shall he maintained in such manner as the by-laws may provide.
 
 
 
 
(3) The Corporation may by notice require that any street may be saved, metalled, drained, channelled, improved or lighted in such manner as may be specified in the notice, and in the event of default, the Corporation may have the necessary work done through its agency, and the cost incurred thereon by the Corporation shall be deemed to be a tax levied on the person concerned under this Ordinance.
 
 
 
 
(4) The Government may prescribe the manner in which a street other than a public street may be converted into a public street.
General provisions about streets
112. (1) The Corporation may, with the previous sanction of the Government, assign names to streets and paint the names or fix the name plates on or at conspicuous places at or near the end, corner or entrance of the street.
 
 
(2) No person shall destroy, deface or in any way injure any street, name or name plate, or without the previous permission of the Corporation, remove the same.
 
 
 
 
(3) The Corporation may, in the manner provided in the by laws, lay down street lines and building lines, and may, among other things, require the setting back of buildings to conform to such street lines and building lines.
 
 
 
 
(4) The Corporation may by by laws define nuisances and offences with regards to streets, and provide for their prevention and abatement.
Encroachments
113. (1) No person shall make an encroachment, movable or immovable, on, over or under a street or a drain or any land, house gully or building or park except under a licence granted by the Corporation and to the extent permitted by the licence.
 
 
 
 
(2) The Corporation 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 Corporation may cause the encroachment to be removed through its own agency, and the cost incurred thereon by the Corporation shall be deemed to be a tax levied on the persons responsible for the encroachment under this Ordinance.
 
 
(3) Any person aggrieved by a notice issued under sub section (2) may within fifteen days, appeal to the Government whose decision thereon shall be final.
 
 
 
 
(4) Notwithstanding anything in any other law, no compensation shall be payable for any encroachment removed or required to be removed under this section.
Street lighting
114. (1) The Corporation shall take such measures as may be necessary for the proper lighting of the public streets and other public places vesting in the Corporation by oil, gas, electricity or such other illuminant as the Corporation may determine.
 
 
 
 
(2) The Corporation may, with the previous sanction of the Government, frame and enforce a Street Lighting Scheme in the prescribed manner.
Street watering
115. The Corporation 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.
Traffic control
116. The Corporation 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.
Public vehicles
117. (1) No person shall keep or let for hire, or drive or propel within the limits of the City any public vehicle, other than a motor vehicle, except under a licence granted by the Corporation, and in conformity with the conditions of such licence.
 
 
 
 
(2) No horse or other animal shall be used for drawing a public vehicle within the limits of the City except under a licence granted by the Corporation and in conformity with the conditions of such licence.
 
 
 
 
(3) The Corporation shall, in such manner as by laws may provide, and with the previous approval of the Government 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.

Chapter VIII

PUBLIC SAFETY

Fire fighting
118. (1) For the prevention and extinction of fire, the Corporation may, and if so required by the Government, shall, maintain a fire brigade, consisting of such staff and such number of fire stations, and such implements, machinery, equipment and means of communicating intelligence as may be prescribed.
 
 
 
 
(2) On the occurrence of a fire within the City, 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; and
 
 
 
 
(f) generally take such measures as may appear necessary for the preservation of life and property.
 
 
 
 
(3) No person shall be liable to pay damages in respect of anything done or in good faith intended to be done under this section.
 
 
(4) Notwithstanding the provisions of sub section (3) or of any other law, or the terms of any insurance policy, any damage done in the exercise of a power conferred, or in the discharge of a duty imposed, by this section shall be deemed to be a damage by fire, for the purposes of any policy of insurance against fire.
Civil Defence
119. The Corporation shall be responsible for the Civil Defence of the City and it shall, in this behalf, perform such functions as may be prescribed.
Floods
120. For the fighting of floods, rescuing of people from flood affected areas, and affording relief to flood stricken people, the Corporation may, if so required by the Government, shall, provide such boats, appliances and equipment as may be necessary.
Famine
121. In the event of a famine, the Corporation may, with the sanction of the Government, execute such famine works and undertake such famine relief measures as may be necessary or may be specified by the Government.
Dangerous and offensive articles and trades
122. (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 licence granted by the Corporation-
 
 
 
 
(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-
 
 
 
 
(i) any dangerous or offensive article except for domestic use; or
 
 
 
 
(ii) any dangerous or offensive article in excess of such limits as may be fixed by the by laws.
 
 
 
 
(3) The Corporation may, with the previous sanction of the Government, prepare and enforce a scheme providing for the prohibition of dangerous and offensive trades in specific areas within the City, and for the restriction of such trade in any area not so specified.
Burial and burning places
123. (1) The Corporation may, and if so required by the Government, shall, provide suitable places for the burial and burning of the dead, and shall take necessary measures for the proper maintenance and administration of such burial and burning places.
 
 
 
 
(2) The Government may, by notification in the official Gazette, declare that any burial or burning place which is open to public for burial or burning shall vest in the Corporation, and thereupon such burial or burning place shall vest in the Corporation, and the Corporation shall take all measures necessary for the proper maintenance and administration thereof.
 
 
 
 
(3) Every burial or burning place which is not administered by the Corporation shall be registered with the Corporation and shall be subject to regulation, supervision and inspection by the Corporation in such manner as the by laws may provide.
 
 
 
 
(4) No new burial or burning place shall be established within the City except under a licence granted by the Corporation, and in conformity with the conditions of such licence.
 
 

Chapter IX

TREES, PARKS, GARDENS AND FORESTS

Arboriculture
124. (1) The Corporation shall plant trees on public streets and other public places within the City and take all such steps as may be necessary for the plantation and protection of trees on such streets and places.
 
 
 
 
(2) The Corporation may, in the prescribed manner and with the previous sanction of the Government, frame and enforce an Arboriculture plan.
Gardens
125. (1) The Corporation may, and if so required by the Government, shall, lay out and maintain within the City 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, there shall be framed and enforced, in the prescribed manner, a Garden Development Plan which shall provide for the development and improvement of the garden.
Open spaces
126. The Corporation may provide and maintain within the City such open spaces as may be necessary for the convenience of the public and such spaces shall be grassed, hedged, planted and equipped with such amenities and in such manner as the by laws may provide.
Forests
127. The Corporation may, in the prescribed manner, 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.
Nuisances pertaining to trees and plantations
128. (1) The Corporation may by by-laws determine the pests of trees and plants and provide for their destruction.
 
 
 
 
(2) If any land or premises within the City is grown with rank or noxious vegetation or undergrowth, the Corporation 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 Corporation may have such vegetation or undergrowth cleared and the cost incurred thereon by the Corporation shall be deemed to be a tax levied on the owner or occupier under this Ordinance.
 
 
 
 
(3) The Corporation 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.
 
 
 
 
(4) The Corporation may, in the manner provided in the by laws prohibit the cultivation of any crop which is considered dangerous to public health within such part of the City as may be specified.
Tanks and low lying areas
129. The Corporation may, and if so required by the Government, 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 Government directs.
 
 
 
 

Chapter X

EDUCATION

Education
130. (1) The Corporation shall maintain such educational institutions as may be required by the Government and may, with the previous approval of the Government, maintain such other educational institutions as may be necessary for the promotion of education in the City.
 
 
 
 
(2) All educational institutions maintained by the Corporation shall be maintained in a state of efficiency and shall conform to such standards as may be prescribed.
 
 
 
 
(3) The Corporation may levy such fees for the use of educational institutions as may be prescribed.
 
 
(4) The Corporation may, with the previous approval of the Government, give financial aid to private educational institutions within the City.
Compulsory education
131. Subject to any law for the time being in force, the Corporation shall be responsible for the enforcement of compulsory education in the City, and it may in this behalf adopt all such measures as may be necessary to ensure that every child of school-going age in the City attends a school recognised by the Corporation.
General provisions about education
132. The Corporation may-
 
 
 
 
(a) construct and maintain buildings to be used as hostels for students;
 
 
 
 
(b) give scholarships to deserving or specially bright students;
 
 
 
 
(c) provide for the training of teachers;
 
 
 
 
(d) promote adult education;
 
 
 
 
(e) provide school books to orphans and indigent students free of cost or at concessional rates;
 
 
 
 
(f) maintain depots for the sale of school books and articles of stationery; and:
 
 
 
 
(g) with the previous approval of the Government-
 
 
 
 
(i) promote and assist educational societies;
 
 
 
 
(ii) undertake educational survey and enforce educational plans;
 
 
 
 
(iii) provide, whether free of charge or on payment, milk or meals for school children;
 
 
 
 
(h) adopt any other measures likely to promote the cause of education.

Chapter XI

CULTURE

Culture
133. The Corporation may, and if so required by the Government, shall,-
 
 
 
 
(a) establish and maintain information centres for the furtherance of civic education and the dissemination of information on such matters as community development and other matters of public interest;
 
 
 
 
(b) maintain radio sets at public institutions and public places;
 
 
 
 
(c) organise museums, exhibitions, and art galleries;
 
 
 
 
(d) provide and maintain public halls, and community centres;
 
 
 
 
(e) celebrate the Independence Day and other national holidays;
 
 
 
 
(f) provide for the reception of distinguished visitors visiting the Corporation;
 
 
 
 
(g) encourage national language;
 
 
 
 
(h) promote physical culture, and encourage public games and sports and organise rallies and tournaments;
 
 
 
 
(i) promote tours to the City and adopt measures for the preservation of the historical and indigenous characteristics of the City;
 
 
 
 
(j) provide, promote or subsidise facilities for the recreation of the public; and
 
 
 
 
(k) adopt any other measures likely to promote cultural progress and advancement.
Libraries
134. The Corporation may, and if so required by the Government, shall, establish and maintain such public libraries, reading rooms and circulating libraries as may be necessary for the use of the public.
Fairs and shows, etc.
135. The Corporation shall, with the previous approval of the Government, make such arrangements on the occasion of any fairs, shows or public festivals within the City as may be necessary for the public health, public safety and public convenience and may levy fees on the persons attending such fairs and shows

Chapter XII

Social Welfare

Social Welfare
136. The Corporation may, and if so required by the Government, shall,-
 
 
 
 
(a) establish, manage 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 City 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) organise social service volunteers;
 
 
 
 
(e) adopt such measures as may be prescribed for the promotion of the welfare of backward classes, and women and children; and
 
 
 
 
(f) adopt any other measures likely to promote social welfare.
 
 

Chapter XIII

DEVELOPMENT

Development Plans
137. (1) The Corporation may, and if so required by the Government, shall, 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 Government and shall provide for-
 
 
 
 
(a) the promotion, improvement and development of such function or functions of the Corporation as may be specified;
 
 
(b) the manner in which the plans shall be financed, executed, implemented and supervised;
 
 
 
 
(c) the agency through which the plans shall be executed and implemented; and
 
 
 
 
(d) such other matters as may be necessary.
 
 
 
 
(3) The Government may direct that any specified item of income of the Corporation shall wholly or in part be earmarked and applied in the implementation of a development plan.
Community Development Projects
138. The Corporation may, in the prescribed manner, sponsor or promote community development projects for the City or any part thereof and may in this behalf perform such functions as may be prescribed.
Commercial Schemes
139. The Corporation may, in the prescribed manner and with the previous sanction of the Government, promote, administer, execute and implement schemes for undertaking any commercial or business enterprise.
 
 

  • 1
    Sub-sections (1) and (1A) were substituted for previous sub-section (1) by section 13 of the Chittagong Municipal Corporation (Second Amendment) Ordinance, 1986 (Ordinance No. LIV of 1986).
  • 2
    Section 96A was inserted by section 14 of the Chittagong Municipal Corporation (Second Amendment) Ordinance, 1986 (Ordinance No. LIV of 1986).
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