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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 I

CONSTITUTION AND COMPOSITION OF THE CORPORATION

Constitution of the Corporation
3. (1) There shall be constituted, in accordance with the provisions of this Ordinance, for the City of Khulna a Corporation to be called the Khulna 1[City] Corporation.
 
 
 
 
(2) The Corporation shall be a body corporate, having perpetual succession and a common seal, with powers, subject to the provisions of this Ordinance and the rules, to acquire, hold and dispose of property, both movable and immovable, and shall by the said name sue and be sued.
Corporation area to be an administrative unit
2[3A. The Corporation area shall be an administrative unit of the Republic for the purpose of Article 59 of the Constitution of the People's Republic of Bangladesh.]
Composition
3[4. (1) The Corporation shall consist of -
 
 
 
 
(a) a Mayor;
 
 
(b) such number of Commissioners as may be fixed by the Government; and
 
 
 
 
(c) such number of Commissioners as are reserved exclusively for women under sub section (3).
 
 
 
 
(2) The Mayor and the Commissioners shall be elected by direct election on the basis of adult franchise in accordance with the provisions of this Ordinance and the rules.
 
 
 
 
(3) There shall be reserved, exclusively for women, such number of seats, hereinafter referred to as reserved seats, as is equivalent to one third of the number of Commissioners fixed by the Government under clause (b) of sub section (1).
 
 
 
 
Explanation. In calculating the number of reserved seats under this sub section, if the number comprises a fraction of less than point five zero such fraction shall be ignored, and if the number comprises a fraction of point five zero or above such fraction shall be rounded off as a whole number.
 
 
 
 
(4) Nothing in this section shall prevent a woman from being elected as a Commissioner specified in clause (b) of sub section (1).
 
 
 
 
(5) The Mayor shall be deemed to be a Commissioner.]
[Omitted]
4A. [Mayor.- Omitted by section 4 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993), which was inserted by section 2 of the Khulna Municipal Corporation (Amendment) Ordinance, 1986 (Ordinance No. LV of 1986).]
[Omitted]
5. [Deputy Mayor.- Omitted by section 5 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).]
Term of the Corporation, etc.
4[6. (1) The term of the Corporation shall be a period of five years commencing on the day of its first meeting after its constitution 5[:
 
 
Provided that, notwithstanding the expiration of its term, the Corporation shall continue to function until the first meeting of the Corporation constituted to succeed it.]
 
 
 
 
(2) Notwithstanding anything contained in this Ordinance, the Corporation shall be deemed to have been duly constituted after the election of seventy five per cent of the total number of its 6[Commissioners 7[* * *]] has taken place.
 
 
 
 
Explanation. For calculating the seventy five per cent of the total number of 8[* * *] Commissioners, less than point five zero per cent shall be ignored and point five zero and above per cent shall be rounded off into a whole number.]
9[Oath of office]
7. 10[(1) The Mayor and every Commissioner shall, before taking his office or seat, as the case may be, make and subscribe, in the presence of such person as the Government may direct, an oath or affirmation in the following form, namely:-
 
 
 
 
“I, ................................................................................................. having been elected Mayor/Commissioner of the Khulna City Corporation do solemnly swear/affirm that I will bear true faith and allegiance to Bangladesh and that I will faithfully discharge the duties upon which I am about to enter.”]
 
 
(2) If a person sits or votes as a Commissioner before he makes or subscribes the oath or affirmation under sub-section (1), he shall be liable in respect of each day on which he so sits or votes to a penalty of one hundred Taka to be recovered as an arrear of tax under this Ordinance.
[Omitted]
7A. [Oath of Mayor.- omitted by section 8 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993), which was inserted by section 5 of the Khulna Municipal Corporation (Amendment) Ordinance, 1986 (Ordinance No. LV of 1986).]
Declaration of properties
8. 11[The Mayor and every Commissioner 12[* * *] shall, before entering upon his office or taking his seat,] submit to the Government in such manner as the Government may direct, a declaration in writing of properties, both movable and immovable, whether within or outside Bangladesh, which he or any member of his family owns, or which he has in his possession or under his control, or in which he or any member of his family has any beneficial interest.
 
 
 
 
Explanation.- In this section, “member of his family”, in relation to a person, includes-
 
 
 
 
(a) the spouse of such person, and
 
 
 
 
(b) such of the children, parents, brothers and sisters as are residing with, and are wholly dependent upon, such person.
Resignation of Mayor and Commissioners
13[9. (1) The Mayor may resign his office by writing under his hand addressed to the Government.
 
 
 
 
(2) A Commissioner may resign his seat by writing under his hand addressed to the Mayor.
 
 
(3) A resignation under sub section (1) or sub section (2) shall become effective on the date on which the notice of resignation is received by the addressee.]
Removal of Mayor and Commissioners
14[10. (1) The Mayor or a Commissioner shall render himself liable to removal from his office or seat, as the case may be, if-
 
 
 
 
(a) he, without reasonable excuse, absents himself from three consecutive meetings of the Corporation; or
 
 
 
 
(b) he is involved in any activity prejudicial to the interest of the Corporation or of the state or is convicted for any offence relating to corruption or misconduct; or
 
 
 
 
(c) he refuses to perform or becomes disabled from performing his functions; or
 
 
 
 
(d) he is guilty of misconduct or abuse of power or is responsible for any loss or misapplication of money or property of the Corporation.
 
 
 
 
Explanation. In this sub section, “misconduct” means misuse of power, corruption, jobbery, favouritism, nepotism and wilful maladministration and includes any attempt at, or abetment of, such misconduct.
 
 
 
 
(2) The Mayor or a Commissioner shall not be removed from his office or seat, as the case may be, on any ground mentioned in sub section (1), unless, after such inquiry as may be considered necessary, the Government declares, by an order in writing, that he is liable to be so removed:
 
 
 
 
Provided that no such declaration shall be made unless the Mayor or Commissioner concerned has been given a reasonable opportunity of showing cause against the declaration proposed to be made with respect to him.
 
 
 
 
(3) The Mayor or the Commissioner shall stand removed from his office or seat, as the case may be, as soon as a declaration under sub section (2) is made and approved by the President.
 
 
 
 
(4) Notwithstanding anything contained in any other provisions of this Ordinance, a person, who has been removed from his office or seat, as the case may be, under this section shall not, during the unexpired period of the term of the Corporation, be eligible for election to such office or seat.]
Qualifications and disqualifications for election15[ as Mayor and Commissioner]
11. (1) A person shall, subject to the provisions of sub-section (2), be qualified to be elected 16[as Mayor 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 of age in accordance with the existing electoral roll;
 
 
 
 
(c) his or her name appears on the electoral roll for any ward in the Corporation.
 
 
 
 
(2) A person shall be disqualified for being elected 17[as Mayor or] a Commissioner it-
 
 
 
 
(a) 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;
 
 
 
 
(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 full-time office of profit in the service of the Republic or of the Corporation 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 Corporation, or has otherwise any pecuniary interest in its affairs, or is a dealer, for any area within the Corporation in essential commodities appointed by the Government 18[;
 
 
 
 
(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 therefor.
 
 
 
 
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 19[;
 
 
20[(h) he or she is a defaulter in paying any of the tax, rate, cess, toll or fee levied under this Ordinance;
 
 
 
 
(i) 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.]]
 
 
 
 
21[(2A) A person shall not, at the same time, be a candidate for election to the office of Mayor or, as the case may be, seat of Commissioner.
 
 
 
 
(2B) If a person offers himself, at the same time, to be a candidate for election to the office of Mayor or seat of Commissioner, all his nomination papers shall stand void.]
 
 
 
 
(3) No person shall, at the same time be a Commissioner in respect of two or more wards:
 
 
 
 
Provided that nothing in this sub-section shall prevent a person from being at the same time a candidate for two or more wards, but in the event of his being elected for more than one ward-
 
 
 
 
(i) within seven days after his last election, the person elected shall deliver to the Election Commissioner a signed declaration specifying the ward which he wishes to represent, and the seats of other wards for which he was elected shall thereupon become vacant;
 
 
 
 
(ii) if the person elected fails to comply with clause (i), all seats for which he was elected shall fall vacant; and
 
 
 
 
(iii) the person elected shall not make or subscribe oath or affirmation of a Commissioner until the foregoing provisions of this proviso have been complied with.
 
 
 
 
22[(4) When the office of Mayor falls vacant during the term of the Corporation, a Commissioner may contest the election to the office of Mayor, and if he is elected, his Commissionership shall cease on the date he makes the oath of office of Mayor.]
Vacation of 23[ office of Mayor and seat of Commissioner ]
12. (1) The 24[office of Mayor and seat of a Commissioner] shall become vacant if-
 
 
 
 
(a) he fails to make the oath referred to in section 7 within the period of thirty days after the date of publication of his name in the official Gazette, unless the Government, for good cause shown, extends the period;
 
 
 
 
(b) he resigns his seat under section 9;
 
 
 
 
(c) he is removed from his seat under section 10;
 
 
 
 
(d) he becomes subject to any of the disqualifications mentioned in section 11 (2); or
 
 
 
 
(e) he dies.
 
 
 
 
(2) and (2A) [Omitted by section 13 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).]
 
 
 
 
(3) If any question arises as to whether 25[the Mayor or a Commissioner] has, after his election, become subject to any of the disqualifications mentioned in section 11(2), the Chief Executive Officer shall refer the question to the District Judge of Khulna and, if the District Judge is of the opinion that 26[the Mayor or the Commissioner] has become subject to any such disqualification, 27[the Mayor or the Commissioner] shall cease to be 28[the Mayor or a Commissioner], and his seat shall become vacant, with effect from the date on which the opinion is given.
 
 
 
 
29[(4) Vacation of office of the Mayor or the vacation of seat of a Commissioner shall be notified in the official Gazette.]
Casual vacancies
13. (1) Where the seat of a Commissioner becomes vacant not later than one hundred and eighty days before the term of Corporation is due to expire, an election 30[* * *] to fill the seat shall be held 31[* * *] within ninety days of the occurrence of the vacancy, and the person who is elected in such election 32[* * *] shall hold office for the residue of such term.
 
 
 
 
(2) Where the office of 33[* * *] 34[* * *] Mayor becomes Vacant before the term of the Corporation is due to expire, an election to fill the office shall be held within 35[ninety days] of the occurrence of such vacancy, and the person who is elected in such election shall hold office for the residue of such term.
Allowances of Commissioners
14. A Commissioner shall be entitled to receive a daily allowance for attending any meeting of the Corporation or of any Standing Committee or other Committee thereof at such rate as may be fixed by the Corporation with the approval of the Government.
Honorarium and other privileges of 36[ * * * ] 37[ * * * ] Mayor
15. The 38[* * *] 39[Mayor] may be given such honorarium and other privileges as may be determined by the Corporation with the approval of the Government.
Right of Mayor and Commissioners to have access to records
16. (1) The Mayor shall have full access to the records of the Corporation and may obtain report from the Chief Executive Officer or any other officer on any matter connected with municipal administration of the City.
 
 
 
 
(2) A Commissioner shall have access during office hours to the records of the Corporation after giving due notice in writing to the Chief Executive Officer:
 
 
 
 
Provided that if the Chief Executive Officer is of the opinion that such access should not be allowed in any case he may submit the matter to the Mayor whose decision thereon shall be final.
Discharge of the functions of the Mayor during temporary absence and casual vacancy
40[17. (1) When the Mayor is absent from his duties on account of illness or any other cause, a Commissioner authorised in writing by the Mayor shall perform the functions of the Mayor till the Mayor resumes his duties.
 
 
 
 
(2) When the office of Mayor becomes vacant caused by resignation, removal or death, such Commissioner as may be directed by Government shall perform the functions of the Mayor till a new Mayor is elected and assumes his duties.]

Chapter II

[ELECTIONS OF MAYOR AND COMMISSIONER [***]]

Division of the city into wards
41[18. For the purpose of election of Commissioners specified in clause (b) of sub section (1) of section 4, the delimitation officer shall divide the City into as many wards as there are number of Commissioners fixed under that clause.]
Appointment of Delimitation officer
19. (1) The Election Commission may, by notification in the official Gazette, appoint from amongst persons in the service of the Republic a delimitation officer and as many assistant delimitation officers as it may deem necessary for the delimitation of wards.
 
 
 
 
(2) An assistant delimitation officer shall assist the delimitation officer in the performance of his functions and may perform, under the control of the delimitation officer, the functions of the delimitation officer.
Delimitation of wards
20. (1) The wards shall be delimited having regard to territorial unity and, so far as practicable, to distribution of population.
 
 
 
 
(2) The delimitation officer may, for the purpose of delimiting the wards, make such enquiries and examine such records as he may deem necessary and consider such representations as may be received by him, and shall publish in the prescribed manner a preliminary list of wards specifying the areas proposed to be included in each such ward together with a notice inviting objections or suggestions within a prescribed period.
 
 
(3) The objection or suggestion, if any, received under sub-section (2) shall be disposed of in such manner as may be prescribed.
 
 
 
 
(4) The delimitation officer shall make such amendments, alterations or modifications in the preliminary list published under sub-section (2) as may be required by any decision on any objection or suggestion and may also make such other amendments, alterations or modifications in the said list as may be necessary for correcting any error or omission.
 
 
 
 
(5) After making amendments, alterations or modifications, if any, under sub-section (4), the delimitation officer shall publish in the prescribed manner the final list of wards specifying the areas included in each such ward.
Delimitation of wards for reserved seats
42[20A. For the purpose of election of Commissioners for reserved seats the delimitation officer shall-
 
 
 
 
(a) at the time of division of the City into wards under section 18, simultaneously cause the number of wards fixed under that section to be grouped into as many wards as there are number of reserved seats fixed under sub-section (3) of section 4; and
 
 
 
 
(b) in delimiting the groups under clause (a), follow the procedure laid down in section 20 as far as possible.]
Electoral roll
21. (1) There shall be an electoral roll for each ward to be prepared by the Election Commission.
 
 
 
 
(2) A person shall be entitled to be enrolled on the electoral roll for a ward if he-
 
 
 
 
(a) is a citizen of Bangladesh;
 
 
 
 
(b) is not less than eighteen years of age;
 
 
 
 
(c) does not stand declared by a competent Court to be of unsound mind; and
 
 
 
 
(d) is or is deemed to be a resident of that ward.
Right to vote
43[22. Every person whose name is for the time being entered in the electoral roll of a ward shall be entitled to vote at an election of a Commissioner for that ward and at an election of Mayor.]
General election of Mayor and Commissioners
44[22A. A general election of Mayor and Commissioners 45[* * *] shall be held-
 
 
 
 
(a) for the purpose of constituting the Corporation under section 3, as soon as may be, after the commencement of this Ordinance;
 
 
 
 
(b) for the purpose of reconstituting the Corporation after the expiration of the term of the Corporation, within the period of one hundred and eighty days preceding such expiration; and
 
 
 
 
(c) for the purpose of reconstituting the Corporation after the expiration of the period of supersession of the Corporation, if any, before such expiration:
 
 
 
 
Provided that the persons elected at a general election under clause (b) or (c) shall not enter upon the office as Mayor or Commissioner of the Corporation except after the expiration of the term of the Corporation or the period of supersession of the Corporation, as the case may be.]
Conduct of elections
23. All 46[elections of Mayor and Commissioners 47[* * *]] shall be organised, held and conducted by the Election Commission in accordance with the rules, and such rules may provide for all or any of the following matters, namely:-
 
 
 
 
(a) the appointment of returning officers, assistant returning officers, presiding officers and polling officers for the conduct of elections and powers and duties of such officers;
 
 
 
 
(b) the nomination of candidates, objections to nominations and scrutiny of nominations;
 
 
 
 
(c) the deposits to be made by candidates and the circumstances under which such deposits may be refunded to candidates or forfeited to the Corporation;
 
 
 
 
(d) the withdrawal of candidatures;
 
 
 
 
(e) the appointment of agents of candidates;
 
 
 
 
(f) the procedure in contested and uncontested elections;
 
 
 
 
(g) the date, time and place for poll and other matters relating to the conduct of elections;
 
 
 
 
(h) the manner in which votes are to be given;
 
 
 
 
(i) the scrutiny and counting of votes, the declaration of the results and procedure to be followed in case of equality of votes;
 
 
 
 
(j) the custody and disposal of ballot papers and other papers relating to elections;
 
 
 
 
(k) the circumstances under which polls may be suspended and fresh polls may be held;
 
 
 
 
(l) the election expenses;
 
 
 
 
(m) the corrupt or illegal practices and other election offences and penalties therefore;
 
 
 
 
(n) the election disputes and the submission, trial and disposal of election petitions; and
 
 
 
 
(o) any other matter connected with or incidental to elections.
Publication of results of elections of 48[ Mayor and Commissioners ]
24. The names of all persons elected as 49[Mayor and Commissioners 50[* * *]] shall, as soon as may be, after such election, be published by the Election Commission in the official Gazette.

Chapter III

FUNCTIONS OF THE CORPORATION

Functions of the Corporation
25. Subject to rules and such directions as the Government may from time to time give, and within the limits of the fund at its disposal, the Corporation shall undertake such of the functions given in detail in Part-IV as are required to be undertaken by the Corporation, and may undertake-
 
 
 
 
(a) all or any of the functions so given which may be undertaken by the Corporation; and
 
 
 
 
(b) such other functions as are declared by the Government to be appropriate matters for administration by the Corporation.
Transfer of functions from Corporation to Government and vice versa
26. Notwithstanding anything in this Ordinance, or in any other law for the time being in force, the Government may from time to time direct that, subject to such terms and conditions as may be specified in the direction,-
 
 
 
 
(a) any institution or service maintained by the Corporation shall be transferred to the management and control of the Government; and
 
 
 
 
(b) any institution or service maintained by the Government shall be transferred to the management and control of the Corporation.
 
 

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 51[* * *] 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
52[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 53[* * *] 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, 54[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, 55[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.
 
 
 
 
56[(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 57[* * *] 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.

Chapter V

CORPORATION OFFICERS AND EMPLOYEES

Chief Executive Officer
42. (1) There shall be a Chief Executive Officer of the Corporation who shall be appointed by the Government on such terms and conditions as may be determined by it.
 
 
 
 
(2) The Chief Executive Officer shall hold office for a period of three years which may be extended by the Government for a further period or periods not exceeding one year at a time.
 
 
 
 
(3) Notwithstanding anything contained in sub-section (2), the Government may, at any time, terminate the appointment of the Chief Executive Officer, and shall do so if, at a special meeting of the Corporation called for the purpose, a resolution for such termination has been passed by the votes of not less than three-fifths of the total number of Commissioners:
 
 
 
 
Provided that if the Chief Executive Officer is a person in the service of the Republic, no such special meeting shall be called, and no such resolution shall be moved, except after giving one month's notice to the Government.
 
 
 
 
(4) Save as otherwise provided in this Ordinance and the Rules, the Chief Executive Officer shall exercise such powers and perform such functions as may be delegated to him by the Mayor.
 
 
 
 
(5) In exercising his powers and performing his functions, the Chief Executive Officer shall be responsible to the Mayor.
 
 
 
 
(6) If the Chief Executive Officer is unable to perform the functions of his office on account of absence, illness or any other cause, the Government may appoint another person to officiate as Chief Executive Officer in his place.
Extraordinary powers of Chief Executive Officer
43. On the occurrence or threatened occurrence of any accident or any unforeseen event or natural calamity involving, or which is likely to involve, extensive damage to any property of the Corporation or danger to human life, the Chief Executive Officer shall take such immediate action as he considers necessary and make report forthwith to the Corporation or the Standing Committee concerned of the action taken by him and the reason therefore and also of the cost, if any, incurred or likely to be incurred in consequence of such action.
Chief Executive Officer to be custodian of records
44. The Chief Executive Officer shall be responsible for the custody of all records, including in particular all papers and documents connected with the proceedings of the Corporation, Standing Committees and other committees.
Right of Chief Executive Officer to be present at meetings
45. The Chief Executive Officer shall have the same right of being present at any meeting of the Corporation or of any Standing Committee or other committee thereof and of taking part in the discussions thereat as if he were a Commissioner or a member of such committee, and may, at any time, with the consent of the person presiding at the meeting, make a statement or explanation of facts, but he shall not vote upon, or move, any motion at such meeting.
Schedule of posts
46. (1) The Chief Executive Officer shall from time to time prepare and lay before the Corporation a schedule setting forth the posts which should, in his opinion, constitute the Corporation establishment.
 
 
 
 
(2) The Corporation shall, with the previous approval of the Government, sanction such schedule, with or without modification and may, with such approval from time to time, amend it either of its own motion after ascertaining the opinion of the Chief Executive Officer or at the instance of the Chief Executive Officer.
No appointment to be made to any post not included in the schedule
47. No person shall be appointed to any post in the Corporation unless the post is included in the schedule for the time being in force prepared and sanctioned under section 46.
Appointing authorities
48. Subject to this Ordinance, appointments to the Corporation establishment shall be made-
 
 
 
 
(a) by the Mayor, if the maximum salary of the office or post exceeds 58[one thousand seven hundred twenty five Taka] per month; and
 
 
 
 
(b) by the Chief Executive Officer, in all other cases with the approval of the Mayor.
Provident Fund 59[ * * * ] and other facilities for officers, etc.
49. The Corporation may, in the prescribed manner,-
 
 
 
 
(a) establish and maintain a Provident Fund and require any of its officers or other employees to contribute to such Fund and may itself contribute to it in such manner and proportion as may be prescribed;
 
 
 
 
(b) provide for the payment of 60[* * *] gratuity to its officers and other employees after retirement;
 
 
 
 
(c) grant a special 61[* * *] gratuity to the family of any of its officers or other employees who dies of disease or injury contracted or suffered in the discharge of his duties;
 
 
 
 
(d) operate scheme of social insurance for its officers and other employees and require them to subscribe to it;
 
 
 
 
(e) establish and maintain a Benevolent Fund out of which shall be paid such relief as may be prescribed.
Punishment of officers and employees
50. (1) An officer or other employee of the Corporation may be censured, fined, reduced in rank, promotion may be withheld, for any breach of any departmental regulation or discipline or for any carelessness or negligence of duty or for corruption or other misconduct by such authority and in such manner as may be prescribed:
 
 
Provided that no such officer or other employee shall be removed or dismissed or reduced in rank by an authority subordinate to that by which he was appointed.
 
 
 
 
(2) No such officer or other employee shall be removed or dismissed or reduced in rank unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him:
 
 
 
 
Provided that this sub-section shall not apply-
 
 
 
 
(a) where an officer or the employee is removed or dismissed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge; or
 
 
 
 
(b) Where the authority empowered to remove or dismiss an officer or other employee or to reduce him in rank is satisfied that for some reason to be recorded by that authority in writing it is not reasonably practicable to give that officer or other employee an opportunity of showing cause.
 
 
 
 
(3) Any officer or other employee upon whom a punishment has been inflicted under this section may appeal to such authority as may be specified by rules.
Terms and conditions of service
51. Subject to the provisions of this Ordinance, the Government may, by rules,-
 
 
 
 
(a) prescribe the conditions of service of the officers and other employees of the Corporation;
 
 
 
 
(b) prescribe the qualifications for various posts under the Corporation;
 
 
 
 
(c) prescribe the principles to be followed in making appointments to various posts under the Corporation;
 
 
 
 
(d) fix the amount and nature of security, if any, to be furbished by the officers and other employees of the Corporation;
 
 
 
 
(e) regulate the grant of leave and leave allowance to the officers and other employees of the Corporation;
 
 
(f) regulate the conduct of the officers and other employees of the Corporation;
 
 
 
 
62[(ff) provide for transfer of officers and other employees of the Corporation to any other local authority;]
 
 
 
 
(g) provide for other matters necessary for the efficient discharge of duties by the officers and other employees of the Corporation.
 
 
 
 
 
 
 
 
 
 
 
 
 
 

  • 1
    The word “City” was substituted for the word “Municipal” by section 6 of the Local Government Laws (Amendment) Act, 1990 (Act No. LVI of 1990).
  • 2
    Section 3A was inserted by section 2 of the Khulna City Corporation (Amendment) Act, 2004 (Act No. XX of 2004).
  • 3
    Section 4 was substituted by section 2 of the Khulna City Corporation (Amendment) Act, 1999 (Act No. III of 1999).
  • 4
    Section 6 was substituted by section 2 of the Khulna City Corporation (Amendment) Act, 1992 (Act No. VI of 1992).
  • 5
    The colon (:) was substituted for the full-stop (.) and thereafter the proviso was added by section 6 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).
  • 6
    The words and commas “Commissioners, other than commissioners of reserved seats,” were substituted for the words “elected Commissioners” by section 6 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).
  • 7
    The commas and words “, other than commissioners of reserved seats,” were omitted by section 3 of the Khulna City Corporation (Amendment) Act, 1999 (Act No. III of 1999).
  • 8
    The word “elected” was omitted by section 6 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).
  • 9
    1. The words “Oath of office” were substituted for the words “Oath of Commissioners” by section 7 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).
  • 10
    Sub-section (1) was substituted by section 7 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).
  • 11
    The words and commas “The Mayor and every Commissioner, other than official Commissioner, shall, before entering upon his office or taking his seat,” were substituted for the words and commas “Every Commissioner, other than official Commissioners, shall, before taking his seat,” by section 6 of the Khulna Municipal Corporation (Amendment) Ordinance, 1986 (Ordinance No. LV of 1986).
  • 12
    The commas and words “, other than official Commissioner,” were omitted by section 9 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).
  • 13
    Section 9 was substituted by section 10 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).
  • 14
    Section 10 was substituted by section 11 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).
  • 15
    The words “as Mayor and Commissioner” were substituted for the words “and nomination as Commissioner” by section 12 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).
  • 16
    The words “as Mayor or a Commissioner” were substituted for the words “or nominated as a Commissioner” by section 12 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).
  • 17
    The words “as Mayor or” were substituted for the words “or nominated as” by section 12 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).
  • 18
    The semi-colon (;) was substituted for the full-stop (.) and thereafter clause (g) and the explanation were inserted by section 7 of the Local Government Laws (Amendment) Act, 1987 (Act No. XXIII of 1987).
  • 19
    The semi-colon (;) was substituted for the full-stop (.) and thereafter clause (h) was added by section 6 of the Local Government Laws (Amendment) Act, 1990 (Act No. LVI of 1990).
  • 20
    Clauses (h) and (i) were substituted for former clause (h) by section 12 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).
  • 21
    Sub-sections (2A) and (2B) were inserted by section 12 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).
  • 22
    Sub-section (4) was added by section 12 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).
  • 23
    The words “office of Mayor and seat of Commissioner” were substituted for the words “seats of Commissioners and offices of Mayor and Deputy Mayor” by section 13 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993)
  • 24
    The words “office of Mayor and seat of a Commissioner” were substituted for the words and commas “seat of a Commissioner, other than an official Commissioner,” by section 13 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993)
  • 25
    The words “the Mayor or a Commissioner” were substituted for the words “a Commissioner” by section 13 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993)
  • 26
    The words “the Mayor or the Commissioner” were substituted for the words “the Commissioner” by section 13 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993)
  • 27
    The words “the Mayor or the Commissioner” were substituted for the words “the Commissioner” by section 13 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993)
  • 28
    The words “the Mayor or a Commissioner” were substituted for the words “a Commissioner” by section 13 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993)
  • 29
    Sub-section (4) was substituted by section 13 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993)
  • 30
    The words and commas “or a nomination, as the case may be,” were omitted by section 14 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).
  • 31
    The words “or made” were omitted by section 14 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).
  • 32
    The words “or nominated” were omitted by section 14 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).
  • 33
    The words “Mayor or” were omitted by section 10 of the Khulna Municipal Corporation (Amendment) Ordinance, 1986 (Ordinance No. LV of 1986).
  • 34
    The word “Deputy” was omitted by section 14 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).
  • 35
    The words “ninety days” were substituted for the words “one month” by section 14 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).
  • 36
    The words “Mayor and” were omitted by section 11 of the Khulna Municipal Corporation (Amendment) Ordinance, 1986 (Ordinance No. LV of 1986)
  • 37
    The word “Deputy” was omitted by section 15 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993)
  • 38
    The words “Mayor and the” were omitted by section 11 of the Khulna Municipal Corporation (Amendment) Ordinance, 1986 (Ordinance No. LV of 1986)
  • 39
    The word “Mayor” was substituted for the words “Deputy Mayor” by section 15 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993)
  • 40
    Section 17 was substituted by section 16 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).
  • 41
    Section 18 was substituted by section 5 of the Khulna City Corporation (Amendment) Act, 1999 (Act No. III of 1999).
  • 42
    Section 20A was inserted by section 6 of the Khulna City Corporation (Amendment) Act, 1999 (Act No. III of 1999)
  • 43
    Section 22 was substituted by section 19 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).
  • 44
    Section 22A was inserted by section 20 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).
  • 45
    The commas and words “, other than Commissioners in reserved seats,” were omitted by section 7 of the Khulna City Corporation (Amendment) Act, 1999 (Act No. III of 1999).
  • 46
    The words and commas “elections of Mayor and Commissioners, other than the Commissioners in reserved seats,” were substituted for the words “elections of Commissioners” by section 21 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).
  • 47
    The words and commas “, other than the Commissioners in reserved seats,” were omitted by section 8 of the Khulna City Corporation (Amendment) Act, 1999 (Act No. III of 1999).
  • 48
    The words “Mayor and Commissioners” were substituted for the word “Commissioners” by section 22 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).
  • 49
    The words and commas “Mayor and Commissioners, other than Commissioners in reserved seats,” were substituted for the words “Commissioners” by section 22 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).
  • 50
    The words and commas “, other than Commissioners in reserved seats,” were omitted by section 9 of the Khulna City Corporation (Amendment) Act, 1999 (Act No. III of 1999).
  • 51
    The words “the Deputy Mayor or” were omitted by section 23 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).
  • 52
    Section 27A was inserted by section 24 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).
  • 53
    The words “or the Deputy Mayor” were omitted by section 25 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).
  • 54
    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)
  • 55
    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)
  • 56
    Sub-section (7) was added by section 26 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993)
  • 57
    The words “and the Deputy Mayor” were omitted by section 27 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).
  • 58
    The words “one thousand seven hundred twenty five Taka” were substituted for the words “one thousand taka” by section 28 of the Khulna City Corporation (Amendment) Act, 1993 (Act No. X of 1993).
  • 59
    The comma and word “, pension” was omitted by section 6 of the Local Government Laws (Amendment) Act, 1988 (Act No. VIII of 1988).
  • 60
    The words “pension and” were omitted by section 6 of the Local Government Laws (Amendment) Act, 1988 (Act No. VIII of 1988).
  • 61
    The words “pension or” were omitted by section 6 of the Local Government Laws (Amendment) Act, 1988 (Act No. VIII of 1988).
  • 62
    Clause (ff) was inserted by section 6 of the Local Government Laws (Amendment) Act, 1988 (Act No. VIII of 1988).
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Ministry of Law, Justice and Parliamentary Affairs