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The Khulna City Corporation Ordinance, 1984

( Ordinance NO. LXXII OF 1984 )

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

Chapter IV

EXECUTIVE POWER AND CONDUCT OF BUSINESS

Executive powers
27. (1) The executive powers of the Corporation 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 the Corporation shall vest in and be exercised by the Mayor, either directly or through 1[* * *] the Chief Executive Officer or through other officers authorised by him, in accordance with this Ordinance and the rules.
 
 
 
 
(3) All acts of the Corporation, whether executive or not, shall be expressed to be taken in the name of the Corporation and shall be authenticated in the manner prescribed.
Division of City into Zones
2[27A. (1) For the purpose of better administration and proper conduct of business of the Corporation, the Government may, by order in writing, divide the City into such number of Zones as it may deem fit.
 
 
 
 
(2) There shall be a Zonal office for every Zone and it shall perform such functions as may be assigned to it by the Corporation.
 
 
 
 
(3) Every Zonal office shall perform its functions under the supervision and control of the Mayor and in accordance with the rules.]
Disposal of business
28. All business of the Corporation shall, to the extent and in the manner prescribed, be disposed of at its meeting, or at the meetings of its Standing Committees or by the Mayor 3[* * *] or by the Chief Executive Officer or other officers and employees of the Corporation.
Meetings
29. (1) The Corporation shall meet at least once in each month for the transaction of business.
 
 
 
 
(2) The mayor or, in his absence, 4[the Commissioner authorised by the Mayor under section 17] may, whenever he thinks fit, and shall, upon a requisition made in writing by not less than two-thirds of the total number of Commissioners, call a meeting of the Corporation.
 
 
 
 
(3) No business of the Corporation shall be transacted at any meeting unless a quorum of one-third of the total number of Commissioners is present throughout the meeting.
 
 
 
 
(4) All matters required to be decided by the Corporation shall, save as otherwise provided in this Ordinance, be decided by the majority of the votes of the Commissioners present and voting.
 
 
 
 
(5) Each Commissioner shall have one vote, but in the event of an equality of votes, the person presiding shall have a second or casting vote.
 
 
 
 
(6) All meetings of the Corporation shall be presided over by the Mayor or, in his absence, 5[by the Commissioner authorised by the Mayor under section 17] or, in the absence of both, by a Commissioner chosen for that purpose by the Commissioners present.
 
 
 
 
6[(7) Such officials as may be specified by the Government shall be invited by the Corporation to attend the meetings of the Corporation and to participate in the deliberation thereof but they shall not have any right to vote.]
Constitution of Standing Committees
30. (1) The Corporation shall, at its first meeting, in each year, or as soon as may be at any meeting subsequent thereto, constitute Standing Committees for dealing respectively with-
 
 
 
 
(a) Finance and Establishment;
 
 
 
 
(b) Education;
 
 
 
 
(c) Health, Family Planning and Sanitation including Drainage;
 
 
 
 
(d) Town Planning and Improvement;
 
 
 
 
(e) Audit and Accounts;
 
 
 
 
(f) Works and Buildings;
 
 
 
 
(g) Water and Electricity; and
 
 
 
 
(h) Social Welfare and Community Centres.
 
 
 
 
(2) The Corporation may, with the previous approval of the Government, constitute additional Standing Committees for such purpose as the Corporation thinks fit.
 
 
 
 
(3) A Standing Committee shall consist of not more than six members who shall be elected by the Commissioners from amongst themselves, but no Commissioner shall, at the same time, be a member of more than two Standing Committees:
 
 
 
 
Provided that the Mayor 7[* * *] shall ex-officio be members of all the Standing Committees.
 
 
 
 
(4) A Standing Committee shall elect one of its members to be its Chairman and another member to be its Vice-Chairman.
 
 
 
 
(5) An elected Chairman or Vice-Chairman or member of a Standing Committee may resign his office by writing under his hand addressed to the Mayor and such resignation shall become effective on the date on which the notice is received by the Mayor.
 
 
(6) A casual vacancy in the office of an elected Chairman or Vice-Chairman or member of a Standing Committee shall be filled by election of a new Chairman or Vice-Chairman or member and such Chairman or Vice-Chairman or member shall hold office for the residue of the term of his predecessor.
 
 
 
 
(7) A standing Committee shall continue to function until the first meeting of the Standing Committee constituted to succeed it.
Functions of Standing Committees
31. (1) The Corporation shall, by regulations, determine the functions of each Standing Committee.
 
 
(2) All proceedings of a Standing Committee shall be subject to confirmation by the Corporation.
Constitution of other committees
32. The Corporation may constitute such other committee or committees consisting of such number of members chosen from amongst the Commissioners for such purpose as it thinks fit.
Association with the Corporation, etc., of persons not being Commissioners
33. (1) The Corporation or any Standing Committee or other committee thereof may associate with itself any person whose assistance or advice it may desire for carrying out any of its functions.
 
 
 
 
(2) Any person associated with the Corporation or any Standing Committee or other committee for any purpose under sub-section (1) shall have a right to take part in the discussion of the Corporation or of the Standing Committee or other committee, as the case may be, but shall not have a right to vote.
Meeting to be ordinarily open to the public
34. (1) Every meeting of the Corporation shall be open to the public unless a majority of the Commissioners present at the meeting decide that any inquiry or deliberation pending before the Corporation shall be held in private.
 
 
 
 
(2) The Corporation may make regulations for regulating the admission of the members of the public to its meetings and for the removal by force, if necessary, of any member of the public admitted to a meeting for interrupting or disturbing the proceedings of the meeting.
Commissioners not to vote on matters in which they are interested
35. No Commissioner shall vote at a meeting of the Corporation or of any Standing Committee or other committee thereof on any question relating to his own conduct or vote or take part in any discussion on any matter which affects his pecuniary interest or any property in respect of which he is a manager or agent.
Regulations for procedure and conduct of business at meetings
36. Subject to this Ordinance, the Corporation may make regulations for the procedure and the conduct of business at its meeting and at meetings of the Standing Committees and other committees thereof.
Keeping of minutes of proceedings
37. (1) The minutes of the proceedings of every meeting of the Corporation or of every Standing Committee or other committee thereof shall state, among other things, the names of the Commissioners or members present and shall be drawn up and recorded in a book to be kept for the purpose, and shall be signed by the person presiding at the meeting and shall be laid before the next ensuing meeting of the Corporation or of the Standing Committee or other committee, as the case may be.
 
 
 
 
(2) The minutes referred to in sub-section (1) shall, at all reasonable times, be kept open at the Corporation's office for inspection by any Commissioner without charge and by any other person on payment of a fee of Taka one.
 
 
 
 
(3) The Chief Executive Officer shall forward to the Government a copy of the minutes of the proceedings of each meeting of the Corporation within ten days from the date on which such minutes are signed.
Validation of acts and proceedings
38. (1) No act done or proceeding taken under this Ordinance shall be questioned on the ground merely of-
 
 
 
 
(a) the existence of any vacancy in, or any defect in the constitution of, the Corporation or any Standing Committee or other committee thereof;
 
 
 
 
(b) any Commissioner having voted or taken part in any proceedings in contravention of section 35; or
 
 
 
 
(c) any defect or irregularity not affecting the merits of the case.
 
 
(2) Every meeting of the Corporation or of any Standing Committee or other committee thereof, the minutes of the proceedings of which have been duly drawn up and signed, shall be deemed to have been duly convened and to be free from all defects and irregularities.
Contracts
39. (1) All contracts made by or on behalf of the Corporation shall be-
 
 
 
 
(a) in writing and expressed to be made in the name of the Corporation;
 
 
 
 
(b) executed in such manner as may be prescribed; and
 
 
 
 
(c) reported to the Corporation by the Chief Executive Officer at the meeting next following the execution of the contract.
 
 
 
 
(2) The Corporation may, by resolution, lay down the procedure that shall regulate the making of various contracts, and in the execution of contracts, the Chief Executive Officer 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 Corporation.
Works
40. The Government may, by rules, provide for-
 
 
 
 
(a) the preparation of plans and estimates for works to be executed by the Corporation;
 
 
 
 
(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.
Records, reports and returns
41. The Corporation 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 Corporation.

  • 1
    The words “the Deputy Mayor or” were omitted by section 23 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).
  • 2
    Section 27A was inserted by section 24 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).
  • 3
    The words “or the Deputy Mayor” were omitted by section 25 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).
  • 4
    The words and figure “the Commissioner authorised by the Mayor under section 17” were substituted for the words “the Deputy Mayor” by section 26 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993)
  • 5
    The words and figure “by the Commissioner authorised by the Mayor under section 17” were substituted for the words “by the Deputy Mayor” by section 26 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993)
  • 6
    Sub-section (7) was added by section 26 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993)
  • 7
    The words “and the Deputy Mayor” were omitted by section 27 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).
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