Functions of Union Council
Main Functions:* To maintain law and order and assist the administration in this regard.
* Taking various measures to curb crime, disorder and smuggling.
* Agriculture, Plantation, Fisheries and Animal Husbandry Health, Cottage Industries, Irrigation Communication.
* Expansion of family planning programs.
* Ensuring the development and utilization of local resources.
* Preservation of public property ie roads, bridges, culverts, dams, canals, telephones, electricity etc.
* To review the development activities of other organizations at the Union level and if necessary make recommendations to the Upazila Nirbahi Officer in this regard.
* Encouraging people to use sanitary latrines.
* Registration of births and deaths, blind, beggars and destitutes.
* Management of all types of census. Solving various problems, village court, Shalis, development, project implementation, government planning and project implementation, providing various services, providing various certificates including citizen certificate, inheritance certificate, death certificate, safe water supply, education program management, Maintenance of law and order, construction of roads, pools and culverts etc. Below are the functions of the Union Parishad as per the Government Act:
An Act enacted to enact a new Act by repealing the existing Ordinance relating to Union Parishad
WHEREAS, it is expedient and necessary to repeal the existing Ordinance relating to Union Parishad and enact a new Act;
Therefore, it is hereby enacted as follows:-
Chapter One
early
Short title, introduction and application
1. (1) This Act may be called the Local Government (Union Council) Act, 2009.
(2) It shall apply to the whole of Bangladesh:
Provided that the Government may, by notification in the Official Gazette, exempt any specified area from the application of all or any of the provisions of this Act or the rules or regulations made thereunder.
(3) It shall take effect immediately.
definition
2. -Subject to anything contrary to the subject or context, in this Act—
(1) 'law enforcement agencies' means the Police Force, Armed Police Battalion, Rapid Action Battalion (RAB), Ansar Force, Battalion Ansar, Bangladesh Rifles, Coast Guard Force and counter-operational forces;
(2) 'rules of conduct' means rules of conduct made under this Act;
(3) 'financial institution' means a financial institution as defined in section 2 of the Financial Institutions Act, 1993 (Act No. 27 of 1993) and section 2 of the Money Debt Courts Act, 2003 (Act No. 8 of 2003);
(4) 'building' shall include any enclosure, wall, water-reservoir, balcony, platform, floor and staircase constructed with any store, house, hut, meeting-house, shed, stable or any necessary goods;
(5) 'Union' means the Polish area declared as a Union under section 11 of this Act and existing Unions;
(6) "Union Council" means a Union Council constituted under section 10 of this Act;
(7) 'upazila' means the area declared as an upazila under the Upazila Parishad Act, 1998 (Act No. 24 of 1998) and existing upazilas;
(8) 'Upazila Parishad' means an Upazila Parishad constituted under the Upazila Parishad Act, 1998 (Act No. 24 of 1998);
(9) 'upazila executive officer' means the upazila executive officer of an upazila;
(10) 'ward' means the ward of the Union Parishad;
(11) 'tax' means any tax, sub-tax, rate, toll, fee, duty or any tax leviable under this Act;
(12) 'village area' means such area not declared as town;
(13) 'Chairman' means the Chairman of the Union Parishad;
(14) 'public way' means a public way, street and road;
(15) 'population' means the population enumerated in the last census;
(16) 'land' means any land under construction or constructed or submerged;
17. 'district' means the district created under the District Act, 1836 (Act No. 1 of 1836);
(18) 'Deputy Commissioner' means any officer specially appointed by the Government under this Act to perform all or any of the functions of a Deputy Commissioner;
(19) 'Schedule' means any Schedule to this Act;
(20) 'fund' means the fund of the Union Parishad constituted under section 53;
(21) "station" means a police station constituted under the provisions of the Code of Criminal Procedure, 1898 (Act No. 5 of 1898);
(22) 'responsible officer' means an officer appointed by the Government or an officer empowered to carry out the purposes of this Act;
(23) 'urban area' means an area declared as urban;
(24) 'prescribed authority' means the Government or any public officer empowered by the Government to carry out any specified purpose of this Act;
(25) "prescribed procedure" means the procedure prescribed by rules.
(26) "Election Commission" means the Election Commission established under Article 118 of the Constitution of the People's Republic of Bangladesh;
(27) "election observer" means any person or body authorized in writing by the Election Commission or any person authorized by it for the purpose to observe any election under this Act;
(28) 'dependent' means the spouse, son or daughter, step son or daughter, father, mother, brother or sister of the candidate who is wholly dependent on the candidate;
(29) 'crime of moral turpitude' means extortion, theft, embezzlement, breach of trust, rape, murder, murder and Prevention of Corruption Act, 1947 (Act.II of 1947) as defined in the Penal Code, 1860; Criminal Misconduct as defined herein shall also include;
(30) 'path' shall be used in the sense of public movement b
It shall also include any footpath, field, outdoor or traffic road or roads;
(31) "Council" means the Union Council constituted under this Act;
(32) "regulations" means regulations made under this Act;
(33) 'market' means any place where people assemble for the sale and purchase of fish, meat, fruits, vegetables or any other foodstuff or for the sale and purchase of animals or cattle, goats and poultry; and Any place declared as a market under the rules;
(34) 'budget' means the financial statement of the income and expenditure of the Union Parishad set out for a financial year;
(35) 'annual value' means the total sum of money received or payable as rent of any house or land every year;
(36) 'rules' means rules made under this Act;
(37) 'Bank' Or
(a) a bank company as defined in section 5(n) of the Bank Companies Act, 1991 (Act No. 14 of 1991);
(b) Bangladesh Industrial Credit Corporation established under The Bangladesh Shilpa Rin Sangstha Order, 1972 (P.O.No. 128 of 1972);
(c) Bangladesh Shilpa Bank established under The Bangladesh Shilpa Bank Order, (P.O. No. 129 of 1972);
(d) the Bangladesh House Building Finance Corporation established under The Bangladesh House Building Finance Corporation Order, 1973 (P.O. No.17 of 1973);
(e) Bangladesh Krishi Bank established under The Bangladesh Krishi Bank Order, 1973 (P.O. No. 27 of 1973);
(f) the Investment Corporation of Bangladesh established under The Investment Corporation of Bangladesh Ordinance, 1976 (Ordinance No. XL of 1976);
(g) Rajshahi Krishi Unnayan Bank established under The Rajshahi Krishi Unnayan Bank Ordinance, 1986 (Ordinance No.LVIII of 1986); or
(h) Basic Bank Limited (Bangladesh Small Industries and Commerce Bank Limited) established under the Companies Act 1994 (Act No. 18 of 1994);
(38) 'Mauza' means any specified area recorded and defined as Mauza in the land records of a district by land survey;
(39) 'road' shall include a road not open to public traffic;
(40) 'Office of profit' means a temporary salaried office, post or position in the Republic or Government statutory bodies or public limited companies and companies in which the Government owns more than 50% of the shares;
(41) 'infectious disease' means a disease which is communicable from one person to another and includes any other disease published by the Government in the Official Gazette;
(42) "Constitution" means the Constitution of the People's Republic of Bangladesh;
(43) 'statutory public authority' means any statutory public authority as defined in Article 152(1) of the Constitution of the People's Republic of Bangladesh;
(44) 'member' means a member of the Union Parishad;
(45) 'Government' means the Government of the People's Republic of Bangladesh;
(46) "public road" means all roads maintained by the Government or a local government body or any other authority for the movement of the public;
(47) 'local authority' means a local government body or any statutory body established by any other law;
(48) 'Standing Committee' means the Standing Committee of the Union Parishad constituted under this Act;
(49) 'Hat' means a place appointed for the sale and purchase of goods, food, goods, livestock, etc. on certain days and times of the week.
Chapter II
Ward
Ward formation
3. (1) The union shall be divided into 9 wards for the election of general members except for reserved seats in the union ward.
(2) A union shall be divided into 3 (three) wards for the purpose of electing members to reserved seats.
Ward meeting
4. (1) A ward meeting shall be constituted in every ward of the Union Parishad under this Act.
(2) The Ward Assembly of each ward shall be constituted by the persons included in the voter list of that ward.
Open meeting at ward level
5. (1) Every ward meeting shall hold at least 3 (three) meetings in a year within its local limits, one of which shall be the annual meeting.
(2) The quorum of the ward meeting shall be one-twentieth of the total number of voters;
However, a quorum shall not be required for the original meeting, which shall be held seven days later at the same time and place.
(3) The Union Parishad shall issue a public notice in a suitably simple and acceptable manner at least seven days before the date of the ward meeting; A similar public notice should be issued in the case of the original meeting as well.
(4) The Chairman of the Union Parishad shall ensure that the ward meeting is held and the ward member concerned shall conduct the said meeting as president.
(5) The member of the reserved seat of the concerned ward shall be the advisor of the ward meeting.
(6) In the ward meeting, the ward's current development program and other matters shall be discussed; In the annual meeting, the concerned ward member will inform about all the ongoing development programs of the ward including the annual report and financial summary of the previous year and if any decision of the ward meeting cannot be implemented, the concerned ward member and the chairman of the council will present the rationale in the ward meeting.
Powers, functions, etc. of ward meetings
6. (1) Subject to the provisions of this Act and in the manner prescribed, the ward council shall have the following powers, functions and rights, namely :-
(a) Providing assistance in collecting and arranging all information required for formulation of development plan of the Union Parishad;
(b) Ward Power
Preparation of project proposals and prioritization of implementable schemes and development programmes;
(c) prepare final priority list of beneficiaries of various government programs on the basis of prescribed criteria and hand over to the Union Parishad;
(d) providing all necessary local support for the effective implementation of development projects;
(e) encouraging and assisting in the implementation of local development programs and service programs on a voluntary basis;
(f) to advise the Council for determining the location or area of street lights, safe water sources and other public health units, irrigation facilities and other public welfare projects;
(g) Creating public awareness about cleanliness, environment conservation, tree planting, prevention of environmental pollution, corruption and other social evils;
(h) To create unity and good relations among the people of different classes and professions of the ward, to build organizations and to organize various sports and cultural events;
(j) To motivate, supervise and provide assistance to the beneficiary classes or groups involved in various developmental activities of the ward;
(j) verifying and evaluating the list of persons covered by various welfare programs of the Government (eg, old-age allowance, subsidy, etc.);
(k) preservation of various information related to estimates of works to be implemented in different areas of the ward;
(l) providing detailed information on the work and services to be performed;
(d) To be informed of the rationale of the decisions taken by the Parishad in relation to the Ward;
(d) To discuss the progress of implementation of the decisions taken by the Ward Sabha and to investigate the reasons for non-implementation of any decision;
(n) public health programmes, in particular: actively co-operating in various disease prevention and family planning programmes; Providing voluntary assistance in waste removal to officials or employees involved in sanitation activities;
(p) To identify the deficiencies in the provision of safe water supply, street lighting and other services in different areas of the ward and arrange for their removal;
(th) Development of parent-teacher relationship in various educational institutions of the ward;
(d) building social movements to eradicate social problems like dowry, child marriage, polygamy and acid throwing;
(d) providing assistance in the registration of births and deaths;
(n) encouraging other economic activities including self-employment;
(c) performing other duties assigned by the Government or the Council.
(2) The ward council shall review the various reports received at its general or special meeting; Moreover, in order to inform the public about the important functions mentioned in sub-section (1), budget allocation for various development activities, work plan, sector wise allocation of funds, estimates, purchase of materials for executed and executed works etc. .
(3) The audit report shall be presented and discussed in the ward meeting and the opinion and recommendation of the meeting shall be forwarded for the consideration of the council.
(4) The Secretary of the Union Parishad shall attend the ward meeting and prepare the minutes of the meeting and record the decisions taken and the progress of implementation shall be presented in the next council and ward meeting.
(5) The Ward Sabha may constitute one or more sub-committees for the purpose of carrying out any general or special work:
Provided that the number of members of the sub-committee shall not exceed 10 (ten) persons and among them at least 3 (three) shall be women.
(6) The decision of the ward meeting shall be taken on the basis of majority, but as far as possible the decision shall be taken on the basis of general consensus and the participation of women present in the meeting shall be avoided.
(7) The Ward Assembly will investigate the applications received from the potential beneficiaries by calling for notification and present them to the meeting for verification; The final priority list of beneficiaries shall be prepared based on the determined criteria after scrutiny in the meeting and shall be forwarded to the Council for approval:
Provided that if no irregularities are proved, the Parishad cannot change the priority list prepared and sent by the Ward Sabha.
Ward meeting responsibility
7. (1) The Ward Sabha shall perform the following duties, namely:-
(a) Providing progress and other information on developmental and public welfare programs of the ward;
(b) participation in development activities in agriculture, fisheries, poultry and animal husbandry, health and family planning, education, public health, communication, youth development, etc.;
(c) collection of essential socio-economic data including birth and death registration;
(d) planting trees and improving the environment and keeping the environment pollution-free and clean;
(e) To create public awareness against women and child abuse, trafficking of women and children and dowry, child marriage and acid throwing prevention programmes, poverty and other social evils;
(f) maintaining social harmony including maintaining law and order in the ward;
(g) to induce the people to pay various debts including taxes, fees, rates, etc.;
(h) assist in the development of the resources of the Parishad through the collection and development of local resources;
(j) assistance in the implementation of developmental and other socio-structural programs and organization on a voluntary basis;
(j) Determination to be made on an emergency basis to deal with epidemics and natural calamities.
(2) Reporting to the Parishad on the activities and responsibilities of the ward meetings.
(3) D
In addition to the powers and duties described in clause 6 and sub-section (1), the ward council may request the council to convene a special meeting in a particular area.
Chapter Three
council
Union declared as an administrative unit
8. Every union declared under this Act is hereby declared to be an administrative unit of the Republic for the purposes of Article 59 read with Article 152(1) of the Constitution.
Creation of council
9. (1) All Union Parishads existing with the coming into force of this Act shall be deemed to have been constituted as Union Parishads in accordance with the provisions of this Act.
(2) The Parishad shall be a statutory body and shall have permanent continuance and a common seal and shall, subject to these Acts and Rules, have power to acquire, hold and transfer property, both movable and immovable, and may institute suits in its own name or A case will be filed against it.
(3) The Council shall exercise the powers, functions and duties conferred by this Act.
Formation of council
10. (1) The Union Parishad shall consist of 1 (one) chairman and 12 (two) members of which 9 (nine) members shall be members of general seats and 3 (three) members of reserved seats.
(2) Subject to the provisions of sub-section (3), the Chairman and the members of the General Assembly shall be elected by universal suffrage in accordance with this Act and the Rules.
(3) In every Union Parishad 3 (three) seats shall be reserved for women only, which shall be called reserved seats and the members of the said reserved seats shall also be elected by universal suffrage in accordance with this Act and Rules:
Provided that the provisions of sub-section (1) shall not preclude the direct participation of women candidates in the election of members of nine (nine) general constituencies.
(4) The Chairman of the Union Parishad shall be deemed to be a member of the said Parishad.
(5) Chairman and members of the Union Parishad will get the honorarium fixed by the Government.
(6) The names of the chairman and members of every Union Parishad formed under this Act shall be notified in the Government Gazette.
(7) The Government shall by notification determine the control of the Council over all Government officers and employees working in the Union.
Union formation
11. (1) The Deputy Commissioner shall, by notification in the Government Gazette, declare a ward consisting of a number of villages or contiguous mauzas or villages and a union consisting of 9 (nine) wards in the prescribed manner.
(2) The Union Deputy Commissioner notified under sub-section (1) shall be known by the prescribed name:
Provided that the Union shall not be named after any person.
(3) The notification issued under sub-section (1) shall specify the serial number of the wards of the Union and the local boundaries of the said wards.
(4) The Government shall determine the number of people in each ward and union.
(5) The Deputy Commissioner shall, after making such inquiry as he thinks fit and constituting the Council, by notification—
(a) may exclude any mauza or village or part thereof from any ward;
(b) divide any union or ward into more than one union or ward; or
(c) may reconstitute a union or ward by including any union or ward and its adjoining area;
Provided, however, that as per sub-section (1), the validity of the formation of any Union Parishad shall not be void due to the absence of representation from any of the canceled wards belonging to its area.
Appointment of demarcation officer
12. (1) For the purpose of demarcating ward boundaries, the Upazila District Officer may appoint required number of demarcation officers and assistant demarcation officers from among the people employed in the service of the Republic.
(2) The Assistant Delimitation Officer shall perform work under the Delimitation Officer.
Determination of ward boundaries
13. (1) In demarcating the boundaries of the wards, consideration shall be given to the geographical integrity of the area and the population structure and administrative facilities 1[ ***].
(2) The Boundary Delimitation Officer may consider such record examination, investigation and proposals presented in this regard as he deems necessary for the purpose of delimitation of the wards and a preliminary list of the wards indicating which area the proposed area will fall under which ward, his office, various levels of council offices and He shall publish in such other public places as he may deem fit.
(3) Within 15 (fifteen) working days of the publication of the preliminary list under sub-section (2), notice inviting objections and suggestions thereon shall be published in his office, various levels of council office and in such other public places as he may deem fit.
(4) The demarcation officer shall forward the objection or suggestion received under sub-section (3) to the upazila district officer; The Upazila District Officer shall inform the demarcation officer of his decision after such investigation as he deems fit within 15 (fifteen) working days from the date of receipt of such objection or suggestion.
(5) In accordance with the decision given by the Upazila District Officer in accordance with sub-section (4), the demarcation officer shall amend, change or alter the preliminary list published under sub-section (2).
(6) The demarcation officer shall, after making the correction, alteration or reshuffle in accordance with sub-section (5), in his office,
The Union Parishad concerned shall publish the revised list of wards at Kharloy and any other place at its discretion indicating the areas covered by each ward.
(7) The person or persons aggrieved against the list published under sub-section (6) may file an appeal in writing to the Deputy Commissioner within 10 (ten) working days; The Deputy Commissioner shall give a hearing opportunity to the person or groups of persons making the appeal, examine the decision of the Upazila Civil Officer and the relevant documents and information and give a decision within 30 (thirty) working days of the filing of the appeal and the decision of the Deputy Commissioner as the appellate authority shall be deemed final.
(8) After the decision of the appellate authority under sub-section (7), the demarcation officer shall make necessary corrections, alterations or reshuffles of the boundaries of the ward or, if no appeal is filed within the prescribed period, the delimitation officer shall make a final list of wards specifying the areas included in each ward. In the office, council office and any other public place or places at his discretion and he shall send the certified copy of the said list to the Upazila Civil Officer and he shall arrange for its publication in the official gazette.
(9) For the purpose of electing members for reserved constituencies, the Delimitation Officer shall, after dividing a union under this section into the required number of wards, shall, following the provisions of this section as far as possible, designate the said wards as such consolidated wards that the number of such consolidated wards shall be equal to the number of reserved seats.
As a result of the area reshuffle of the Parishad
14. (1) In accordance with the provisions of this Act, if any area is excluded from any council by Government notification, from the date of the said notification, it shall be the administrative jurisdiction of the said council and unless the Government directs otherwise, it shall be subject to the rules, orders, instructions and notifications in force in the said council. will not stay
(2) If, as per the provisions of this Act, any area is annexed to another Parishad by Government Notification, from the date of such notification, it shall be the administrative jurisdiction of that Parishad and, unless the Government directs otherwise, subject to the rules, orders, instructions and notifications in force in the said Parishad. will stay
(3) If the area of any Parishad is divided into two or more Parishads in accordance with the provisions of this Act, the said areas shall be reconstituted as separate Parishads and the similarly divided Parishads shall cease to exist from the date of incorporation into the newly constituted Parishads.
(4) In case any area is merged with any Parishad or two or more Parishads are merged to form a single Parishad in accordance with the provisions of this Act, the property, funds, liabilities, etc. of the Parishad or Parishads affected by such reorganization shall be determined by the authority in writing. shall, according to such division, be divided into the prescribed Parishad or Parishads and such determination shall be final.
(5) Any order made under sub-section (4) may contain such supplementary, incidental and consequential provisions as may be necessary to carry out such reorganization; Provided that after a division under sub-section (3) or after an amalgamation under sub-section (4), in case of reconstitution of the Council—
(a) General elections shall not be held in the newly constituted council or councils until the term of office of the members of the original council has expired;
(b) the members whose term of office has not expired shall be declared as members of the council (wholly or partially) constituted for that constituency by order of the Government or the competent authority by notification in the Government Gazette; The constituencies from which the said members were elected in the previous councils and any such member shall hold office in the newly constituted council for the unexpired portion of his term of office.
Result of inclusion in any Union Parishad or part of Special Municipality or City Corporation etc
15. (1) The Government may, by notification in the Official Gazette, convert any Union Parishad or part thereof into a Special Municipality or City Corporation or incorporate into any existing Municipality or City Corporation:
Provided, however, that the said union or part thereof shall fulfill the conditions laid down in the prevailing laws relating to Municipalities and City Corporations:
It is further provided that, after the publication of the notification regarding the declaration of municipal area or city corporation, the concerned local government institution or aggrieved person may raise a written objection to the government against such declaration within 1 (one) month; Regarding the objections raised, the Government shall take a final decision regarding the formation of the Municipal Area or City Corporation in the prescribed manner within the next 30 (thirty) working days.
(2) If at any time, the entire area of any Union Parishad is included in the administrative area of any Municipality, City Corporation or any Cantonment Board by any notification in accordance with any rule in force at that time, then the Union Parishad concerned, within 6 (six) months from the date of such notification on or such date as may be specified in the notification, or the date on which the elections of the newly constituted body are held, whichever is the earlier, shall cease to exist from that date and all property, funds and other resources vested in the said Council and the bodies of the said Council.
All rights and responsibilities shall vest and be transferred to the concerned Municipality, City Corporation or Cantonment Board, as the case may be, as per the order of the concerned authority and the persons appointed under the said Council shall be deemed eligible on the basis of their intention and as per the terms of appointment from the date on which the said Council ceases to exist. shall be deemed to have been employed in the City Corporation or Cantonment Board.
(3) If at any time, part of any Parishad is included in the administrative area of any municipality, city corporation or any cantonment board by any notification under any rule in force at that time, then the said part of Parishad, within 6 (six) months from the date of such notification or such date as may be specified in the notification, or the date on which the elections of the newly constituted body are held, whichever is earlier, shall be deemed to have been reduced from the said date; All the properties, funds and other resources of the incorporated Parishad and all rights and liabilities of the said Parishad shall vest and be transferred to the concerned Municipality, City Corporation or Cantonment Board, as the case may be, in accordance with the order of the concerned authority and unless the Government directs otherwise, the said Municipality, City Corporation, as the case may be. Or all the rules, orders, instructions and notifications in force for the area under the jurisdiction of the Cantonment Board shall also apply to the part of the said Parishad area which is included as such.
Formation of Union Parishad for whole or partial area of municipality, etc
16. Formation of Union Parishad over the whole or part of the area of municipality, etc.- (1) If the Government considers that the outline of the whole area or any particular part of any municipality or city corporation or cantonment board has changed and formation of one or more Union Parishads under it. is necessary, the Government may, by notification in the Official Gazette, after pre-publication of the said notification—
(a) may, by notification in the Government Gazette, specify such area and include it in any existing Union Parishad; or
(b) One or more Union Parishads may be formed in such areas:
Provided that the said pre-published notification shall be published in the form of a public notice in at least two widely circulated daily newspapers (including one locally published) and in important offices and places of the concerned Union, Upazila and District, to which objections shall be made within two months from the date of the said publication. The objections shall be called and any authority appointed by the Government shall give a decision after considering the objections received by giving an opportunity of hearing the objector or objectors.
(2) According to sub-section (1) within 180 (one hundred and eighty) days from the date of publication of the final notification, the Union Parishad election shall be held in the area specified in the notification and from the date of completion of such election, such area, as the case may be, included in the Union Parishad specified or constituted as such. shall be deemed to be, and shall cease to exist as part of, the Municipality or City Corporation or Cantonment Board of the area so notified.
(3) From the date on which the area referred to in sub-section (1) is included in the Union Parishad -
(a) the property, funds and liabilities of the concerned Municipality or City Corporation or Cantonment Board of the area so included shall vest in and be transferred to the Union Parishad in such division as may be determined by the concerned authority; And
(b) Among the persons related to the area covered in such manner, who are employed as Municipal or City Corporation or Cantonment Board, if they express their intention to work in the concerned Union Parishad, they shall be deemed to be employed in the Union Parishad as per the prescribed rules.
Reorganization of councils due to river erosion, natural disasters, etc
17. If the entire area or part of a Parishad is dissolved or dissolved due to river erosion or any other natural disaster, the Government shall abolish or reconstitute the said Parishad in accordance with the rules and in case of reorganization, the existing Parishad shall conduct all activities in accordance with the provisions of this Act until a new Parishad is formed. .
Appointment of administrator
18. (1) After the declaration of an area as a union, the Government shall appoint a competent officer as an administrator to carry out its functions and the administrator shall perform all the duties of the Union Parishad until an elected council is formed in accordance with the provisions of this Act:
Provided that the administrator appointed under sub-section (1) shall not remain in office for a period exceeding 120 (one hundred and twenty) days:
Provided further that if it is not possible to form an elected council in accordance with the provisions of this Act due to any natural or unforeseen circumstances, the Government may extend the said period by a maximum of 60 (sixty) days.
(2) The Government may constitute a committee consisting of the necessary number of members to assist the Administrator in carrying out the work.
(3) The Administrator and the members of the Committee shall, respectively, exercise the powers of the Chairman and the Members.
Chapter IV
Election of Chairman and Members
Electoral roll and voting rights
19. (1) There shall be a voter list prepared by the Election Commission for each ward.
(2) A person shall be entitled to be registered as a voter of a ward, if he-
(a) b
Be a citizen of England;
(b) not below eighteen years of age;
(c) has not been declared unnatural by any court of competent jurisdiction;
(d) resident or deemed resident of the ward concerned.
(3) Any person included in the voter list in the ward, he can vote in the election of the member and chairman of that ward.
Conduct of elections, etc
20. (1) The Election Commission shall organize, conduct and conduct the election of the Chairman and members of the Council in accordance with the rules made by the Election Commission and the Election Commission may make provision for all or any of the following matters in such rules, namely :-
(a) the appointment of Returning Officers, Assistant Returning Officers, Presiding Officers and Polling Officers for the conduct of elections and their powers and duties;
(b) nomination of candidates, objection to nomination and selection of nomination papers;
(c) acceptance of security given by the candidate and return or forfeiture of such security;
(d) withdrawal of candidature and allotment of symbols;
(e) appointment of candidates' agents;
(f) procedure of election in contested and uncontested cases;
(g) the date, time, place and other matters relating to the conduct of elections;
(h) voting procedure;
(j) the procedure to be followed in sorting and counting the votes received, declaring the results and obtaining an equal number of votes;
(j) custody and distribution of ballot papers and other papers relating to elections;
(k) the conditions under which polling may be suspended and polling resumed;
(l) election expenses of candidates and all matters connected therewith;
(d) corrupt or illegal activities at elections and other electoral offenses and penalties thereof and conduct and conduct of contesting candidates;
(d) election disputes and their trial and adjudication;
(n) matters relating to admission of offences, exercise of powers of Magistrates, duration of proceedings;
(p) power to arrest members of law enforcement agencies on election day; And
(th) other matters incidental to the election.
(2) Any person, referred to in clause (d) of sub-section (1)—
(a) If he commits corrupt or illegal activities in the election, he shall be punished with imprisonment for not less than 3 (three) years or with fine not exceeding 10 (ten thousand) taka or with both;
(b) If he commits an election offence, he shall be punished with imprisonment for a term not less than 6 (six) months and not more than 3 (three) years; And
(c) If he violates any provision of the Code of Conduct, he shall be punished with imprisonment of not less than 6 (six) months or a fine not exceeding 10 (ten thousand) Taka or both.
Publication of election results
21. The Election Commission shall, as soon as possible, publish in the Official Gazette the names of all persons elected as Chairman and Members.
Chapter Five
Electoral disputes
Filing of election petition
22. (1) No objection shall be raised to any court or any other authority other than the Election Tribunal in respect of any election held or election program adopted under this Act.
(2) No person other than the candidate for an election shall apply to the Election Tribunal raising objections and seeking redressal regarding the said election or election proceedings.
(3) The election complaint shall be submitted in the prescribed manner to the Election Tribunal constituted under Section 23 of this Act.
(4) No court—
(a) to adjourn the election of any chairman or member of the Council;
b) to prevent the chairman or member of any council elected under this Act from assuming his duties;
(c) to prevent the chairman or member of any council elected under this Act from entering his office—
Can't ban.
Constitution of Election Tribunal and Election Appellate Tribunal
23. (1) For the settlement of disputes relating to elections under this Act, the Election Commission shall, by notification in the Official Gazette, appoint such number of Election Tribunals consisting of one Judicial Officer of appropriate rank and such number of Election Appellate Tribunals consisting of one Judicial Officer of appropriate rank and one Officer of the Executive Department of appropriate rank. will form
(2) Any authorized person may file an election petition with the Election Tribunal within 30 (thirty) days after publication of the names of the elected Chairman or member or members in the Official Gazette.
(3) The Tribunal constituted under sub-section (1) shall dispose of any petition relating to the election of the Council within 180 (one hundred and eighty) days of its filing.
(4) The person aggrieved against the decision of the Election Tribunal may file an appeal to the Election Appellate Tribunal within 30 (thirty) days.
(5) The Election Appellate Tribunal constituted under sub-section (1) shall dispose of the appeal within 120 (one hundred and twenty) days of its filing.
(6) The judgment of the Election Appellate Tribunal shall be final.
Power to transfer election petitions and appeals
24. The Election Commission may, on its own initiative or on an application to that effect by any of the parties, at any stage transfer an election petition from one Tribunal to another or from one Appellate Tribunal to another Appellate Tribunal and to the Tribunal or Appellate Tribunal to which it is so transferred. The Tribunal or Appellate Tribunal at the stage to which the said application or appeal is transferred.
From here, his trial will be carried out:
Provided that the Tribunal to which the election petition is transferred may, if the Tribunal thinks fit, re-summon or re-examine any witness previously examined and likewise the Appellate Tribunal may exercise this power.
Disposition of election petitions, appeals, etc
25. The procedure for filing election petitions and appeals, the procedure for settling election disputes before the Election Tribunal and the Election Appellate Tribunal, jurisdiction, powers, remedies and all ancillary matters shall be determined by the rules.
Chapter Six
Qualification and disqualification
Eligibility and disqualification of council members
26. (1) A person shall be eligible to be elected to the post of Chairman or Member of the Council subject to the provisions of sub-section (2) of this section, if—
(a) he becomes a citizen of Bangladesh;
(b) he attains the age of twenty-five years;
(c) in the case of the Chairman, his name is recorded in the electoral roll of any ward of the Union concerned;
(d) in the case of other members including members of reserved women constituencies, their names are recorded in the voter list of the respective ward.
(2) No person shall be eligible to be elected and hold the office of Chairman or Member, if—
(a) he renounces or loses the citizenship of Bangladesh;
(b) has been declared by a court to be a natural person;
(c) he is declared bankrupt by any court and has not been discharged from liability after being declared bankrupt;
(d) he has been convicted of any criminal offense involving moral turpitude and sentenced to imprisonment for a term of not less than 2 (two) years and 5 (five) years have not elapsed after his release;
(e) he holds a whole-time office of profit in any function of the Republic or of the Council or any other local authority;
(f) he is a member of the National Assembly or the chairman or member of any other local authority;
(g) he or any member of his dependent family is a contractor for the execution of any work or supply of goods of the concerned council or is a partner in a contracting firm appointed for the same or has any financial interest in any matter of the concerned council or is a dealer of any essential commodity appointed by the Government; be;
(h) Any loan outstanding from any bank or financial institution on the date of submission of nomination paper:
Provided that house-building or small agricultural loans taken from any bank or financial institution for personal residence shall not be covered;
(j) any loan received from him from the Parishad is unpaid or he has any pecuniary liability to the Parishad;
(j) he does not pay to the local government council or the local government council concerned the amount fixed for payment according to the audit report appointed by the government;
(k) he is punished for misappropriation of council funds;
(l) he has been convicted by the Court concerned of an offense specified in this Act or of an election offense and has been sentenced to imprisonment for another 2 (two) years and 5 (five) years have not elapsed after his release;
(D) He has moral lapses, corruption from any government or semi-government office, autonomous organization, local authority, cooperative society etc. Not more than 5 (five) years after being dismissed for misconduct etc.;
(d) he has been convicted and sentenced under sections 189 and 192 of the Penal Code at any time within the last five years;
(n) he has been convicted and sentenced under sections 213, 332, 333 and 353 of the Penal Code at any time within the last five years;
(v) he is declared a fugitive defendant by any court;
(th) Convicted as a war criminal by a national or international court or tribunal.
(3) Every candidate for the post of Chairman and Member shall, at the time of filing nomination papers, file an affidavit to the effect that he is not disqualified for election as Chairman or Member as per sub-section (2).
Restricted candidacy for multiple posts
27. (1) No person can be a candidate for the post of chairman and member at the same time.
(2) If any person submits nomination papers for more than one post of a council at the same time, then all his nomination papers shall be cancelled.
(3) If the post of Chairman becomes vacant for any reason during the tenure of the Council, any member may contest for the post of Chairman:
Provided, however, that in such cases the said member will have to leave his post and contest.
(4) No person shall contest for the post of member of any local government council and member of National Parliament at the same time.
Chapter Seven
Provisions relating to Chairman and Members of Council
Oath or declaration of chairman and members of council
28. (1) The Chairman and every member shall, before assuming his office, take an oath or declaration before any person prescribed by the Government in the form mentioned in the First Schedule and shall subscribe to the oath or declaration.
(2) Within 30 (thirty) days of the publication of the names of the persons elected as Chairman or members in the Government Gazette, the Government or the designated authority shall take necessary measures for the swearing in or declaration of the Chairman and all the members.
Will hold the position.
(2) The first meeting of the Union Parishad shall be held within 30 (thirty) working days from the date of publication of the names of the Chairman and members in the Government Gazette:
Provided, however, that if the first meeting of the newly constituted Parishad is not held within the prescribed period, the Government may delegate the responsibility of convening the meeting to the competent authority and the meeting so held shall be deemed to be the first meeting of the Parishad.
(3) Any general election for the formation of a council shall be held within 180 (one hundred and eighty) days of the completion of 5 (five) years from the date of the previous general election held for that council.
(4) Notwithstanding anything contained in this Act, the union shall be deemed to have been duly constituted if three-fourths of its members take the oath after the election at the end of the term of the union council.
Explanation: In determining three-fourths of the total members of the constituted council, if a fraction arises and it is less than ten and five zero percent, it has to be ignored and if it is ten and five zero percent or more, it has to be considered as one.
(5) If, due to natural calamity or any other reason, it is not possible to hold elections within the prescribed period of 5 (five) years, the Government, by order in writing, may direct the concerned council to conduct the proceedings until the election or not more than 90 (ninety) days, whichever occurs first. can provide power for
Transfer of responsibility
30. All cash, property, documents, registers and seals of the Parishad in the possession or control of the previous Chairman or Panel Chairman after the formation of the Parishad shall be handed over to the newly elected Chairman or, as the case may be, the nominated Panel at a date, time and place fixed by the Upazila Nibarhi Officer as soon as possible. In the presence of the secretary of the council and a first-class officer nominated by the upazila district officer, the chairman or the member who has the responsibility of the chairman will explain.
Penalty for delay
31. (1) If a chairman or any member who has been appointed chairman fails to hand over the duties within the specified time in the prescribed manner as per section 30, he shall be liable to a fine which may extend to Tk 10,000/- (ten thousand).
(2) If any chairman or member submits a false affidavit regarding his disqualification under section 26 (3), he shall be punished with imprisonment for a term which may extend to three years or with fine which may extend to 10,000/- (ten thousand) or with both.
Resignation of Chairman or members
32. (1) Any member may resign by expressing his intention to resign in writing to the Chairman of the Council and the office of the said member shall be deemed to have ceased as soon as such letter of resignation is accepted by the Chairman; The Chairman shall inform the Upazila District Officer within 7 (seven) days of the acceptance of the resignation letter of the concerned member.
(2) The Chairman may resign for this purpose by expressing his intention to resign in writing to the Upazila District Officer and the position of the Chairman shall be void as soon as the said resignation letter is accepted.
(3) The matter of resignation under sub-sections (1) and (2) shall be intimated by the Upazila District Officer to the Parishad, the Election Commission and the Government within not more than 7 (seven) days.
Chairman's panel
33. (1) Within 30 (thirty) working days of the first meeting held after the formation of the Parishad, a Chairman's panel consisting of three members shall be elected preferably from among themselves:
Provided that at least one of the three elected chairmen of the panel shall be selected from among the women members of the reserved seats.
(2) If the Chairman is unable to perform his duties due to absence, illness or any other reason, a member of the Chairman's panel shall perform the duties of the Chairman in priority until he is unable to perform his duties again.
(3) If the post of Chairman becomes vacant due to resignation, removal, death or any other reason, a member of the Chairman's Panel shall perform the duties of the Chairman in preference until the elected new Chairman takes office.
(4) According to the provisions of this Act, if the members of the chairman's panel are ineligible or refuse to perform their duties due to personal reasons, a new chairman's panel will be formed by the decision of the council.
(5) If the chairman's panel is not prepared from among the members as per sub-sections (1) and (4), the Government may, as necessary, form the chairman's panel from among the members.
Suspension and removal of chairman or members
34. (1) In cases where proceedings for removal have been instituted against the chairman or member of any council for the offense described in sub-section (4) or a charge-sheet in a criminal case against him has been accepted by the court or taken into account by the criminal court, the chairman or, according to the prescribed authority, If the exercise of powers by a member is contrary to the interests of the Council or is not expedient from an administrative point of view, the Government may, by order in writing, temporarily suspend the Chairman or the member.
(2) If an order of temporary suspension is issued under sub-section (1), within 3 (three) days of receipt of the order, the concerned chairman shall hand over the duties to the panel chairman selected under the provisions of section 33 and the said panel chairman shall
The term of office of the chairman and members of the council
29. (1) The chairman and members of any council shall, subject to the provisions of this Act, for a period of 5 (five) years from the date of the first meeting of the council concerned.
The Chairman shall hold office until the proceedings against the suspended Chairman are concluded or until a new Chairman is elected in his place if the Chairman is removed.
(3) If a member of the Council is ordered to be temporarily suspended under sub-section (1), another member shall perform the said duties until the proceedings brought against that member are concluded or, if the member is removed, until a new member is elected in his place, another member shall perform the said duties by the decision of the Council. will do
(4) The Chairman or a member shall be removable from his office if, he—
(a) is absent from three consecutive meetings of the Council without reasonable cause;
(b) engages in any activity prejudicial to the interests of the Council or the State, or has been convicted and sentenced for any offense involving corruption or misconduct or moral turpitude;
(c) refuses to perform his duties or is unable to perform his duties due to physical or mental incapacity;
(d) is guilty of misconduct or abuse of power or is responsible for causing any loss or embezzlement or misappropriation of any money or property of the Parishad;
(e) if it is proved after the election that he was ineligible for election under section 26 (2) of this Act;
(f) fails to hold at least 9 (nine) meetings instead of 12 (times) monthly meetings per annum without acceptable reason;
(g) fails to file election expenditure account or furnishes false information as filed; or
(h) leaves the country without permission or stays there illegally after leaving the country with permission.
Explanation: In this sub-section the expression 'misconduct' shall also include abuse of power, dereliction of duty, corruption, nepotism and willful maladministration.
(5) The Government or the authority designated by the Government may, by order in the Government Gazette, remove the Chairman or a member for one or more of the reasons mentioned in sub-section (4):
Provided, however, that before finalizing the removal decision, an investigation shall be conducted as per the rules and the accused shall be given an opportunity to defend himself.
(6) Any chairman or member shall be removed forthwith after the proposal for his removal is approved by the Government or the authority designated by the Government.
(7) If any chairman or member of the council is removed from his office in accordance with sub-section (5), he may appeal to the authority appointed by the Government within 30 (thirty) days from the date of the said order and the removal until the appellate authority disposes of the said appeal. may stay the order and may modify, quash or uphold the said order after giving an opportunity to the appellant to be heard.
(8) The order passed by the Appellate Authority under sub-section (7) shall be deemed to be final.
(9) Notwithstanding anything contained in any other provision of this Act, no person removed under this section shall be eligible for election to any office for the remainder of the term of office of the Council concerned.
Vacancy of the post of chairman or member
35. (1) The office of the Chairman or any member shall be vacant, if-
(a) he becomes ineligible to be a Chairman or a member under section 26 (2);
(b) he is suspended or removed under section 34;
(c) he fails to take the oath referred to in section 28 (1) within the prescribed time;
(d) he resigns under section 32;
(e) he dies; or
(f) A motion of no confidence is approved by the Government against him under Section 39.
(2) If the post of chairman or any member becomes vacant as per sub-section (1), the Upazila Nirbahi Officer shall declare the post vacant by issuing a gazette notification.
Vacancy filled
36. If the post of chairman or member of a council becomes vacant at least 180 (one hundred and eighty) days before the completion of his term due to his death, resignation, removal or otherwise, then, within 90 (ninety) days from the date of said vacancy, an election shall be held for the vacant post for the remaining period. To do:
Provided that if the election is not held due to natural calamities, the Election Commission may fix a convenient date for the election.
Reinstatement of membership
37. After any elected chairman or member of the Council has been temporarily dismissed or removed or declared disqualified and loses his membership in accordance with the provisions of this Act, if such order of suspension or removal is quashed or annulled or revoked or his disqualification is removed on appeal, his membership shall be reinstated and he shall remain Will be retained in office for the term.
Rights and Responsibilities of Chairman or Members
38. (1) The chairman of the council or every member shall have the right to participate in the decision-making process of the meeting of the council subject to this law and the relevant regulations.
(2) Every member of the Parishad may raise questions or claim justification in matters under the administrative jurisdiction of the Parishad or the Standing Committee to the Chairman of the Parishad or the Chairman of the concerned Standing Committee in the prescribed manner.
(3) Any member of the Council may inspect the records and documents, except confidential documents, during office hours by giving notice to the Chairman of the Council.
(4) The Chairman of the Parishad or every member may draw the attention of the Parishad to the defects of any work or project implemented by the Parishad or any other authority.
(5) The Chairman of the Council, the Chairman of the Standing Committee and the members shall conduct the work of the Council in the public interest in accordance with the provisions of this Act and
Shall be jointly responsible to Rishad.
(6) The duties and functions of members of reserved seats and members of general seats shall be determined by the rules.
motion of no confidence
39. (1) Subject to the provisions of this section, motion of no confidence shall be brought against the Chairman of the Council, members or specific charges against the Council.
(2) In accordance with sub-section (1), a motion of no confidence shall be submitted in writing by any member of the Parishad personally to the Upazila District Officer under the signature of the majority of the members of the Parishad.
(3) After receiving the motion of no confidence, the Upazila Settlement Officer shall appoint an officer within 10 (ten) working days and the said officer shall give a show cause notice to the accused chairman or member giving 10 (ten) working days time to give a statement on the complaints.
(4) If the reply is not considered satisfactory, the officer appointed under sub-section (3) shall, within a period not exceeding 30 (thirty) working days of receipt of the reply, investigate all the allegations described in the motion of no confidence.
(5) If the investigation proves the truth of the allegation, the officer appointed in accordance with sub-section (3) shall convene a special meeting of the Preparatory Council within 15 (fifteen) working days after sending a notice of the meeting to all elected members including the accused chairman or member.
(6) In the case of motion of no confidence against the Chairman, the Chairman of the Panel (in order) and in the case of motion of no confidence against any member, the Chairman of the Council shall preside over the meeting:
Provided that, in the absence of the Chairman or the Panel Chairman, one member from among the members present shall be elected as Chairman on the basis of consensus.
(7) The officer appointed under sub-section (3) shall attend the meeting as an observer.
(8) The meeting called for the purpose of sub-section (1) shall not be adjourned for any reason beyond its control and two-thirds of the total number of elected members shall constitute a quorum of the meeting.
(9) If it is not possible to take a decision through open discussion within three hours of the commencement of the meeting, the vote on the motion of no confidence shall be taken by secret ballot.
(10) The Chairman of the meeting shall not express any public opinion for or against the no-confidence motion but he shall vote by ballot in accordance with sub-section (9) but he shall not cast a casting or second vote.
(11) The motion of no confidence shall be passed by a majority vote of at least 9 (nine) members.
(12) The officer appointed in accordance with sub-section (3) shall send the incidental documents to the Government after the conclusion of the meeting and shall prepare the minutes of the meeting including the copy of no-confidence motion, ballot papers, voting results.
(13) The Government shall, after taking the advice of the Commission, approve or disapprove the motion of no confidence if it considers fit.
(14) If the motion of no confidence is not passed by the requisite number of votes or if the meeting is not held for want of quorum, no similar motion of no confidence shall be brought against the chairman or member concerned unless 6 (six) months have elapsed after the said date.
(15) A motion of no confidence shall not be brought against the chairman or any member of the council within 6 (six) months of assuming office.
Leave of Chairman and members
40. The Council may grant a maximum of 3 (three) months leave in a year to any Chairman or any member for reasonable cause; However, if more than 3 (three) months leave is required, the approval of the government should be taken:
Provided, however, that the Government Rules shall apply in the matter of availing maternity leave of the female Chairman or Member.
Property declaration
41. The chairman and members shall submit a written statement of all such immovable and immovable property in which he and any member of his family have ownership, possession or interest, in the manner and to the person prescribed by the Government, before assuming his duties.
Explanation.-"Member of the family" means the husband or wife of the Chairman and member and his children, father, mother and brothers and sisters living with him and wholly dependent on him.
Chapter VIII
Council meetings, powers and functions
Council meeting
42. (1) Every Parishad shall hold at least one meeting every month in the office of the Parishad and the said meeting shall be held during office hours.
(2) If 50% of the members of the council make a written request to the chairman for convening a meeting, he shall fix the date and time of a meeting to be held within 15 (fifteen) days and give notice to the members of the council at least 7 (seven) days before the meeting.
(3) If the Chairman of the Council fails to call the meeting in accordance with sub-section (2), the Chairman of the Panel shall (respectively) call the meeting to be held within 10 (ten) days and give notice to the Chairman and members of the Council at least 7 (seven) days in advance; The said meeting will be held at the office of the Parishad on the scheduled date during the office hours.
(4) An officer appointed by the Upazila Civil Service Officer may be present as an observer during the convocation meeting, who shall submit a written report to the Upazila Civil Service Officer within 7 (seven) days of the meeting.
(5) The Chairman or the person acting in his absence may, if necessary, call a special meeting of the Council at any time.
(6) In the presence of one third of the total number of members
There shall be a quorum, but if any meeting is adjourned due to lack of quorum, no quorum shall be required in the adjourned meeting.
(7) Unless otherwise provided in this Act, all decisions at the meeting of the Parishad shall be taken by a simple majority vote of the members present.
(8) Each member shall have one vote and in case of an equality of votes the President may cast a second or casting vote.
(9) The meeting of the Council shall be presided over by the Chairman or, in his absence, by a member of the Chairman Panel in order of priority, or in the absence of both, by a member duly elected by the members present.
(10) Officers appointed by the Government for this purpose may attend the meetings of the Council and participate in the deliberations of the Council at the invitation of the Council, but they shall not have the right to vote.
(11) The President shall make it clear in the said meeting whether any proposal has been accepted by majority vote or not.
(12) If the opinion of an expert is required on technical and important matters in the agenda of the meeting, the Parishad may invite one or more experts to the meeting to give opinion on the said matter or matters.
List of work to be done in council meeting
43. A list of the acts to be executed in every other meeting of the Parishad, except for any original meeting of the Parishad, shall be sent to every member of the Parishad at least 7 (seven) days before the time fixed for such a meeting and without the approval of the majority of the members present at the meeting, any matter outside such list shall be brought up for discussion in the meeting. shall not be or shall not be performed; However, if the Chairman considers that such circumstances have arisen for which it is expedient to call an emergency meeting of the Council, he may call such meeting after giving 3 (three) days' notice to the members and any matter other than the agenda fixed at such meeting. Cannot be discussed.
In the official proceedings of the Parishad
44. (1) All acts of the Parishad shall be done within the limits and in the manner prescribed by the rules at the meetings of the Parishad or the meetings of the standing committees or its chairman, members, officers or employees.
(2) No act or proceeding of the Parishad shall be invalid if any post is vacant or there is any defect in the constitution of the Parishad or any person has done the same despite not having the right to attend the meeting of the Parishad or to vote or participate in its proceedings in any other way.
(3) The minutes of every meeting of the Council shall be recorded in a book kept for the purpose.
(4) As soon as possible after the minutes of the meeting are signed, all the decisions of the Parishad shall be sent to the Upazila Civil Officer and a copy shall be sent to the Deputy Commissioner.
Formation of standing committee and its activities
45. (1) The Union Parishad shall, within 30 (thirty) days of the first meeting after taking over the duties of the Union Parishad for the smooth execution of its duties, constitute one standing committee for each of the following matters, the term of which shall be two years and six months at most, namely:-
(a) finance and establishment;
(b) auditing and maintenance of accounts;
(c) assessment and collection of taxes;
(d) education, health and family planning;
(e) agriculture, fisheries and animal resources and other economic development activities;
(f) rural infrastructure development, preservation, maintenance, etc.;
(g) maintenance of law and order;
(h) registration of births and deaths;
(j) sanitation, water supply and sewage;
(j) social welfare and tourism management;
(k) environmental development, environmental conservation and plantation;
(l) family dispute settlement, women and child welfare (shall not apply to residents of Pawartya Chittagong);
(d) Culture and Sports.
(2) Apart from the Standing Committee mentioned in sub-section (1), the Council may, subject to the provisions of this Act, if necessary, with the approval of the Deputy Commissioner, constitute additional Standing Committees.
(3) The Chairman of the Standing Committee shall be elected from among the members of the Parishad other than co-opt members and at least one-third of the members elected from the seats reserved for women shall be the Chairman of the Standing Committee:
Provided that the Chairman of the Union Parishad shall be the Chairman of the Law and Order Committee only.
(4) The standing committee shall consist of five to seven members and the committee may, if necessary, co-opt a person who is an expert in the related matter as a member of the committee, but the co-opt member shall not have any voting rights.
(5) Other members shall be nominated from among the local public who are qualified to contribute to the respective committees.
(6) The recommendations of the Standing Committee shall be accepted after consideration at the next meeting of the Council; However, if any recommendation is not accepted by the Union Parishad, its correctness and reason shall be reported to the Standing Committee in writing.
(7) All the proceedings of the Standing Committee shall be final after the approval of the General Meeting of the Council.
(8) The Council may dissolve any Standing Committee for the following reasons, namely:-
(a) failing to convene a regular meeting in accordance with the rules;
(b) fails to advise the Council consistently within the prescribed period; or
(c) does any act contrary to the provisions of this Act or any other Act.
(9) Every standing committee shall meet in regular meetings every two months, but may hold additional meetings if necessary.
(10) The functions of the standing committee shall be determined by the regulations, but until such regulations are made, the functions of the standing committee shall be determined in the general meeting of the council.
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Sedative powers
46. (1) The Chairman shall exercise the executive powers of the Council to carry out the objectives of this Act and to implement the decisions of the Council meetings.
(2) Without prejudice to the matters described in other sections of this Act, the Chairman shall perform the following duties, namely:-
(a) he shall preside over and conduct the meetings of the Council;
(b) supervise and control the work of all officers and employees of the Council and prepare their confidential reports;
(c) incur expenditure up to the expenditure limit prescribed by the Government or the prescribed authority;
(d) he or the Secretary of the Parishad shall manage all income and expenditure accounts of the Parishad under joint signature;
(e) delegate power to any officer or servant to meet the expenses of the Parishad and collect dues;
(f) prepare all statements and reports required under this Act;
(g) perform such other powers and duties as may be imposed by this Act or the Rules.
(3) The Chairman, subject to the approval of the Parishad, may direct for the performance of any such work of public interest or public honor, not contrary to law, ordinance or regulation, and may direct the expenditure of such work to be borne from the Parishad Fund.
(4) The chairman shall present a report on the activities undertaken in accordance with sub-section (3) at the next meeting of the council and the said report shall be approved at the meeting of the council.
(5) In addition to the duties mentioned in sub-sections (1), (2), (3) and (4), the Chairman of the Council shall exercise the following powers, namely :-
(a) He shall ensure the attendance of the concerned officers or employees of the Council and the concerned officers or employees of other Government Departments in the meetings of the Parishad;
(b) In case of violation of this Act or the rules made thereunder and administrative disorder, other employees under the control of the Council except the Secretary and officers and employees of other devolved offices may, if necessary, following due procedure, suspend:
Provided, however, that such temporary suspension shall be approved at the next general meeting of the Council, otherwise it shall not be effective;
(c) to subpoena any classified records or documents relating to the administrative affairs of the Parishad from the Secretary of the Parishad and issue orders in accordance with law and in the prescribed manner; But he shall not subpoena any such classified record or document, which shall be entirely in the personal custody of the Secretary or the officer concerned;
(d) may send a report to the appropriate authorities for taking necessary legal action against the officers and employees working at the union level including other employees under the control of the council due to violation of this law or rules, regulations, etc. and causing administrative disorder;
(e) If, in his opinion, any decision of the Council is contrary to this Act or any other law or regulation, or if such decision, if implemented, is considered to endanger the public health, public interest and public safety, he shall forward it to the Government.
(6) The Executive or any other action of the Council shall be declared to have been taken in the name of the Council and shall be authenticated in the prescribed manner.
(7) Proposals for division of executive powers among the officers for the purpose of expediting the day-to-day service delivery responsibilities of the Parishad shall be approved at the meeting of the Parishad and, if necessary, from time to time, the Parishad shall have jurisdiction to amend the same.
Council officials
47. (1) The main functions of the Council shall be as follows, namely:-
a) Administration and organizational matters;
(b) public order;
(c) services relating to public welfare; And
(d) Formulation and implementation of plans related to local economic and social development.
(2) The functions of the Council based on the main functions mentioned in sub-section (1) are described in the Second Schedule.
(3) Notwithstanding anything contained in sub-sections (1) and (2), in particular, and without prejudice to the generality of such sub-sections, the Government may by rule prescribe the duties and responsibilities of women members of reserved seats. However, the responsibility of the chairman of the development project implementation committee of one-third of the concerned wards of the Union Parishad development project (TR, R, Kabikha, wholesale allocation and others) should be assigned to the member of the reserved women's seat.
Union Parishad police and village defense officers
48. (1) The Government may, from time to time, constitute village police forces in rural areas as per need and the Government shall determine the recruitment, training, organization and conditions of service of the said village police forces.
(2) The Village Police shall exercise such powers and perform such duties as may be directed by the Government.
(3) If it appears to the Deputy Commissioner that there is a need to take special measures regarding public safety and village defense, any union or its part may employ the adult capable persons of the area in the manner mentioned in the order.
(4) If an order is issued under sub-section (3), the Union Parishad shall exercise the powers and perform the duties specified in the order.
Publication of citizenship certificate
49. (1) Every Council constituted under this Act shall, following the prescribed procedure, publish the details of the provision of various types of citizen services, the conditions of provision of services and the details of ensuring the provision of services within a specified period, which shall be called "Citizen Charter".
(2) Adarsh Nagarika Sanad Sankra for Government Council
shall formulate guidelines and the Council shall, subject to laws and regulations, have the power to make necessary changes and additions to these guidelines;
Provided that, if any such change or extension is made, the same shall be intimated to the Government.
(3) The citizenship certificate shall be updated from time to time.
(4) The following matters shall not be included in the making of rules relating to civil certificates, namely :-
(a) accurate and transparent description of each Service;
(b) the cost of providing services;
(c) eligibility and procedures for receiving and claiming services;
(d) fixed period of service;
(e) responsibilities of citizens in relation to services;
(f) assurance of service;
(g) grievance redressal procedures relating to provision of services; And
(h) Consequences of Breach of Undertakings in Charter.
Better use of information technology and good governance
50 (1) Every Union Parishad shall use advanced information technology within specified time limits to ensure good governance.
(2) For the purposes of sub-section (1), the Government shall provide financial and technical assistance and other assistance.
(3) The council shall make arrangements to inform the citizens through improved information technology about all the services provided by the government, including the matters related to modern services as described in the civic charter.
Chapter Nine
Financial management, assets and funds of the Parishad
Power to acquire, hold and dispose of property of the Parishad
51. (1) Every Parishad shall have power to acquire, hold and dispose of property and to enter into contracts; However, in case of acquisition or disposal of immovable property, the Parishad shall take prior approval of the Government.
(2) The Government may make rules in respect of the following matters, namely :-
(a) relating to the management, maintenance, transfer, control and development of property owned or vested in the Parishad;
(b) Regarding the acquisition of immovable property required by the Parishad.
(3) In the manner prescribed by the Council Regulations—
(a) manage, maintain, inspect and improve any property owned by him or entrusted to him or to his care;
(b) use the said property for the purposes of this Act or the Rules; And
(c) may acquire or transfer any property by way of donation, sale, mortgage, lease, exchange.
(4) The Parishad shall prepare and update every year a description of all properties under its control through proper survey and, where applicable, prepare a description of the property, map and send a copy of the same to the prescribed authority.
(5) If the property is acquired, possessed and disposed of in disregard of or in violation of this Act or the prescribed procedure, the same shall be deemed to be illegal and the person or persons making and disbursing the decision concerned shall be deemed to have committed an offense under this Act and such offense shall shall be punished according to the provisions of this Act.
Transfer of assets to councils
52. The Government, any council or any government property situated within its local jurisdiction may transfer to the said council in accordance with the relevant laws or regulations and the property so transferred shall vest in the said council and remain under its control.
Council funds
53. (1) For every Union Parishad there shall be a fund in the name of the respective Parishad.
(2) The funds constituted under sub-section (1) shall be credited with money received from the following sources, namely:-
(a) Grants and Grants made by Government Authorities;
(b) income from all local sources determined by the Government under the provisions of this Act;
(c) grants and allowances made by any other council or local authority;
(d) loans sanctioned by Government authorities (if any);
(e) sums received by the Council, as applicable, on account of all taxes, rates, tolls and fees levied;
(f) all income or profits derived from schools, hospitals, dispensaries, buildings, institutions or works vested in and for the time being constructed or controlled or conducted by the Council;
(g) money received as gratuity or grant from any trust;
(h) the amount of fines and penalties received under the provisions of this Act;
(j) All other money received by the Council.
(j) Surplus funds in the full jurisdiction of the respective councils at the time this Act comes into force.
Council expenses
54. (1) The money of the fund shall be spent on the following sectors on priority basis, namely :-
(a) payment of salaries and allowances to the officers and employees of the Council;
(b) expenditure liable on funds under this Act;
(c) expenses incurred in carrying out the duties and discharge of the duties conferred on the Council by this Act or any other Act or Ordinance for the time being in force;
(d) incurring expenditure on funds declared by the Council with the prior approval of the prescribed authority;
(e) Expenditure declared on the Council by the Government.
(2) The Parishad shall have power to spend such money from the funds of the Parishad as it thinks fit for carrying out the purposes of this Act.
(3) Surplus money deposited in the fund shall be spent on such sectors as the Government may direct from time to time.
(4) The funds of the Parishad shall be managed under the joint signature of the Parishad Chairman and the Secretary.
Conservation or investment of council funds and formation of special funds
55. (1) The money deposited in the fund of the Parishad shall be deposited in any government treasury or in any bank conducting the functions of the government treasury or in any other financial institution determined by the government from time to time.
(2) In the manner prescribed by the Council
Any part of its funds can be invested.
(3) The Council may, with the prior approval of the Government, constitute and maintain a separate fund for any special purpose, which shall be administered and controlled in such manner as may be prescribed by the Government.
Accountable expenses
56. (1) The expenditure liable on the Parishad Fund shall be as follows, namely:-
(a) all sums payable by way of salaries and allowances to all officers and employees (on deputation or own) employed by the Council;
(b) money payable to the Council for the conduct of elections, audit of accounts or any other matter as directed by the Government from time to time as directed by the Government;
(c) money necessary to execute any judgment, decree or order passed against any court or tribunal; And
(d) any other expenditure declared to be strictly liable by the Government.
(2) If any amount remains unpaid in respect of any expenditure liable to the fund of the Parishad, the Government may, by order, order the person or persons having custody of the said fund to pay the said amount as far as possible out of the said fund.
Chapter Ten
Budgeting and Auditing
Budget
57. Each Union Parishad shall formulate a budget containing the probable income and expenditure statement for the said financial year based on the priority received from the ward meeting in a prescribed manner at least 60 (sixty) days before the beginning of each financial year.
(2) The Union Parishad shall hold a public budget session in the presence of the concerned Standing Committee and the local public and present the budget and shall send a copy of the budget passed in the next meeting of the Parishad to the Upazila District Officer.
(3) If any Union Parishad fails to formulate the said budget before the commencement of the financial year, the concerned Upazila Nibarhi Officer shall prepare and certify a statement of probable income and expenditure and such certified statement shall be deemed to be the approved budget of the Union Parishad.
(4) The Upazila Resident Officer shall, within 30 (thirty) days of receipt of the copy of the budget prepared under sub-section (2), correct any error in the budget and inform the Parishad and the budget accordingly prepared shall be deemed to be the budget of the Union Parishad.
(5) Any time before the end of a financial year, if necessary for that year, the Union Parishad shall formulate a revised budget and send a copy thereof to the Upazila Settlement Officer and the provisions of sub-section (4) shall also apply to the said revised budget.
(6) The Union Parishad formed in accordance with this Act may formulate the budget for the remaining period of the financial year after taking charge and the provisions of this section shall also apply to the said budget.
account
58. Income and expenditure accounts of Union Parishad shall be kept in prescribed manner and form.
(2) At the end of every financial year, the Union Parishad shall prepare an account of the income and expenditure of the said financial year and shall present this account in the budget session held in the presence of all the standing committees of the Union Parishad and the public.
(3) The Union Parishad shall send the details of the final account of income and expenditure of the Parishad to the Upazila Nirbahi Officer as per sub-section (2) within 60 (sixty) days of the next financial year; The Upazila Nirbahi Officer will send the consolidated report to the Deputy Commissioner in the schedule prescribed by the Government and the Deputy Commissioner will send the consolidated report to the Government in the prescribed schedule.
Appointment of auditors
59. The accounts of the funds of the Union Parishad shall be examined and audited by any auditor appointed at such time and place and in such manner as may be prescribed by the Government.
(2) The auditor appointed under this section shall be deemed to be a public servant as per section 21 of the Penal Code, 1860.
(3) The Chairman of the Council shall, as the case may be, present or cause to be presented to the auditor all the accounts of the fund which the auditor requests.
Powers of auditors
60. (1) For the purposes of an audit under this Act, no auditor—
(a) may request the Chairman to produce before him or supply in writing such information as he may consider necessary for the proper conduct of the audit work;
(b) any person who is responsible for vouching for any such information, or who has any such document or information under his control, or any part or interest, by or on behalf of the members of the Union Parishad concerned, directly or indirectly, and whether in his own name or that of his partner; may make a written request to any such person, whether by name or presence, to appear in person; And
(c) may, in view of such circumstances, require any person brought before him to prepare and sign a declaration in respect of any such information, or to answer any question or to prepare and submit any statement;
(d) The Auditing Authority shall submit a report on the completion of the audit, which shall, inter alia, state-
(n) cases of misappropriation of funds;
(a) loss, waste, or misappropriation of council funds;
(e) other irregularities in the maintenance of accounts;
(e) the names of all persons who, in the opinion of the auditing authority, are directly or indirectly responsible for the irregularities mentioned in sub-clauses (a), (a) and (e) shall be mentioned in the report;
(e) of the Auditing Authority, to furnish the Council with a copy of the Audit Report\
Having done so, he shall send a copy thereof to the Government;
(f) In all matters relating to irregularities identified by the Auditing Authority, the Council shall promptly take appropriate action and the action taken shall inform the Auditing Authority, Govt.
(2) If any person neglects or refuses to comply with the request made by the Auditor under sub-section (1), the Auditor may, at any time, report the matter to the Upazila Nirbahi Officer concerned; The Upazila Nirbahi Officer, who is neglecting or refusing to comply with the request given by the auditor, may give such instructions as he thinks fit and the said instructions must be obeyed by that person.
Formulation of Audit Rules
61. The Government shall make rules relating to audit, which shall include, inter alia, the following matters, namely :-
(a) time limits relating to audit reports;
(b) material inconsistencies or irregularities in the accounts;
(c) any loss or waste of money or property;
(d) other matters to be done including the time limit for taking action on the audit report;
(e) specific recommendations regarding taking action as per rules against illegal payment or payment authority;
(f) internal audit of accounts;
(g) Special audit of accounts.
Chapter Eleven
Council officers and employees
Officers and employees of Union Parishad
62. Every Union Parishad shall have a Secretary, an Accounts Assistant-cum-Computer Operator, who shall be appointed by the Government or any authority designated by the Government.
(2) The Government shall make rules regarding appointment of officers and employees of the Union Parishad, determination of service conditions, payment of salaries and allowances, disciplinary and disciplinary measures, payment of retirement etc.
(3) The Council shall, with the prior approval of the Government, make regulations relating to the exercise of the powers and duties of all other officers and employees of the Council.
(4) With the prior approval of the Government, the Union Parishad may, if necessary, appoint additional manpower, whose salaries and allowances shall be paid from the respective Union Parishad's own funds.
Power of Government to appoint Government Officers and Servants to the Council
63. (1) Subject to the prescribed conditions, the Government may transfer the public officers or employees mentioned in the Third Schedule and their functions to the Parishad for a specified period of time, for the purpose of carrying out the general or special functions of the Parishad.
(2) If it deems fit to take disciplinary action against any Government officer or employee transferred under sub-section (1), the Parishad shall make a preliminary inquiry and send a report to the appointing authority of the officer or employee concerned.
(3) The officers or employees transferred to the Parishad under sub-section (1) shall, in addition to the general duties assigned to them, perform such other duties as the Parishad may, from time to time, determine.
(4) The officers or employees transferred under sub-section (1) shall be responsible for the implementation of such government projects, schemes, plans, etc., not transferred to the Parishad in accordance with this Act or rules.
(5) The salaries, allowances and other financial benefits of the officers or employees transferred under sub-section (1) shall be paid by the Government until the concerned council acquires the expenditure power.
Relationship between elected representatives and officers of the council
64. (1) In order to ensure the legal rights and professional freedom of the officers or clerks under the control of the council, the government shall formulate a code of conduct to determine the relationship between the elected public representatives and the officers or clerks entrusted to the council or under the control of the council.
(2) The opinion of the officers present at any meeting of the Parishad shall be mentioned in the minutes of the meeting.
(3) Even if an elected public representative gives oral instructions to any officer or employee for the execution of any work, the instructions must be given in writing before the execution of the work concerned.
Chapter XII
Council tax
Council should be strengthened
65. (1) The Union Parishad may impose all or any of the taxes, rates, tolls, fees etc. mentioned in the Fourth Schedule in the manner prescribed by the rules.
(2) All taxes, rates, tolls, fees, etc. imposed by the Council shall be notified in the manner prescribed by the rules and unless the Government directs otherwise, the matter of such imposition shall be disclosed before its imposition.
(3) If any proposal for imposition of any tax, rate, toll and fee or any change thereof is approved, it shall come into force from the date the approving authority directs to the authority from which it shall come into force.
Standard Tax Schedule
66. The Government may formulate a standard tax schedule for the Union Parishad and if a similar schedule is prepared, the imposition of taxes, rates, tolls or fees etc. shall be governed by the said schedule.
Tax liability
67. (1) For the purpose of determining whether a tax, rate, toll or fee can be imposed on any person or thing, the Parishad may, by notice, direct that person to provide the necessary information or to submit documents, account books or things related thereto.
(2) Empowered for this purpose
Any member or employee of the Rishad may, after giving due notice, enter any building or premises for the purpose of ascertaining whether such building or premises are chargeable to tax.
Collection and collection of taxes, etc
68. (1) Unless otherwise provided in this Act, all taxes, rates, tolls or fees leviable under this Act shall be collected by the prescribed person in the prescribed manner.
(2) All taxes, rates, tolls, fees and other sums recoverable by the Council under this Act shall be recoverable as Government claims.
(3) Any member or officer of the council empowered for this purpose may seize and dispose of the goods for the recovery of any tax, rate, toll or fee due in the prescribed manner.
(4) Notwithstanding the provisions of sub-section (3), the Government shall empower any council to seize and sell immovable and immovable property owned by the person concerned for the purpose of recovering all unpaid taxes, rates, tolls, fees or other arrears due under this Act. can
(5) The Government shall by rule determine the manner in which any officer or class of officers shall exercise the powers conferred under sub-section (4).
Objection against taxation, assessment etc
69. Any objection to any tax, rate, toll or fee levied under this Act or to the assessment of any property related thereto or to any person's obligation to pay the same shall be raised by written petition to the prescribed authority and in the prescribed time and manner.
Tax rules
70 (1) All taxes, rates, tolls, fees and other demands levied by the Parishad shall be levied, imposed, etc. administered and controlled in the manner prescribed by law.
(2) The rules relating to the matters mentioned in this section shall, inter alia, provide for the duties of taxpayers and the powers and duties of levying and collecting officers and other authorities.
Chapter Thirteen
Powers of the Government and the Commission
Power to inspect council records, etc
71. (1) The Government or any officer empowered by the Government may direct the Council as follows, namely:
(a) production of any record, register or other document in the custody or control of the Council;
Provided that, if necessary, photocopies of all these records, registers or documents shall be kept and the original copies shall be returned to the concerned council within 90 (ninety) days;
(b) filing any return, plan, estimate, income statement etc.;
(c) supply any information or report relating to the Council.
(2) Prior permission of the Government shall be obtained before relinquishing any claim or closing any institution as a source of income of the Parishad.
(3) The Deputy Commissioner or any officer empowered to do so may inspect any council and its documents, immovable property, completed and ongoing development projects and any construction work.
(4) The Chairman, Secretary and other officers or employees of the Council shall be obliged to cooperate with the officer appointed under sub-section (1).
(5) The Government shall, in the prescribed manner, conduct a performance audit of the administrative activities of each Parishad at specified intervals.
Technical supervision and inspection
72. The head of a department and the technical officers nominated by the government can inspect the development projects of that department and related records and documents under implementation through the council in the manner prescribed by the government.
Power to direct and investigate the Government or Commission
73. (1) Notwithstanding anything contained in this Act, the Government, after accepting the opinion of the Commission, may, in accordance with the policy of the Government, authorize any council to carry out financial management, management of officers and employees, formulation of various schemes and selection of project beneficiaries, management of council and ward meeting activities, etc. may give directions in the matter, and the Parishad shall compulsorily follow such directions.
(2) Complaints received regarding the implementation of any project or any financial irregularity or any other irregularity of the council may be investigated by the government or one or more officials appointed by the government and the concerned council shall cooperate in conducting the investigation.
(3) After holding an inquiry in accordance with sub-section (2), the Government may, subject to the provisions of this Act, take action against the responsible person, officer and employee or the Council based on the result of the inquiry.
Taking action against the council, chairman of the council, members and responsible officers
74. (1) If it appears to the Government that any council or the chairman, members and responsible officers of the council have failed to perform the duties prescribed by this Act or any other order of the Government, then the Government or the authority appointed by the Government may, within the time prescribed by the written order, may direct the council or the chairman to perform such duties.
(2) In case of failure to perform the duty or to comply with the order within the prescribed time as per sub-section (1), the Government shall provide reasonable opportunity to the concerned, show the reasons and appoint any officer or authority to perform the duty for the performance of such duty or to comply with the order and the related financial contribution. , where applicable, direct the transfer from the funds of the Parishad or the personal funds of the concerned.
Decision of Council, Ka
Cancellation or suspension of notices, etc
75. (1) The Government itself or on the application of the Chairman or member or responsible officer or any other person may cancel or suspend any proceedings or decision of the Council, if such decision or proceedings-
(a) is not legally accepted;
(b) contravenes or abuses this Act or any other law;
(c) threatens human life, health, public safety and communal harmony or is likely to cause riot or strife; or
(d) is contrary to the directive decision issued by the Government.
(2) Before canceling or suspending any decision or minutes according to sub-section (1), the Government shall give the concerned council an opportunity of proper hearing and on the basis of said hearing cancel or revise or finalize the minutes or decision of the concerned council.
(3) According to sub-section (1) if it is deemed necessary to cancel or revise any decision or report of the Council, the Government may temporarily suspend the decision of the said report until the final decision is taken in accordance with sub-section (2).
Annual, financial and administrative reports of the Parishad
76. (1) The Parishad shall prepare the annual, financial and administrative report of the Parishad every year in the form and manner prescribed by the Government and shall send the same to the Government and the Commission by September 30 of the following year.
(2) If the report is not published within the prescribed period provided in sub-section (1), the Government may withhold the grant in favor of the Council.
(3) The Secretary of the Parishad shall prepare the said report in consultation with the Chairman and present it to the meeting of the Parishad for final approval.
(4) The administrative report of the Union Parishad shall be sent to the Upazila Settlement Officer and the Upazila Settlement Officer shall send the consolidated report to the Deputy Commissioner in the schedule prescribed by the Government and the Deputy Commissioner shall send the consolidated report to the Government and the Commission in the prescribed schedule.
(5) The Government shall present the consolidated annual report received under sub-section (4) in the next session of Parliament.
Council annulment and re-election
77. (1) The Government may, after due inquiry, by notification in the Government Gazette, dissolve the Council for any of the following reasons, viz
(a) failure to pass the budget for the next financial year within the prescribed period; or
(b) if 75% (75 percent) of the elected members of the Council resign; or
(c) if 75% (75 percent) of the elected members of the Council are removed by reason of disqualification under this Act; or
(d) misuse of powers by the Council; or
(e) If, in the opinion of the Government, any council consistently fails to discharge the duties assigned to it by this Act and other laws or rules and Government circulars, circulars, etc.;
Provided that the Council shall be given a reasonable opportunity of hearing before canceling the Council.
(2) According to sub-section (1), the order of dissolution of the council shall be effective from the date of issue of the notification and a copy of the gazette notification shall be sent to the Election Commission.
(3) According to sub-section (1) from the date of issuance of the notification, the seats of the Chairman and all the members of the Parishad shall be deemed to be vacant and the Parishad shall be reconstituted by holding a re-election ceremony within a minimum of 180 (one hundred and eighty) days after the said seats become vacant.
(4) The members of the reconstituted Council shall be elected and hold office for the remaining term of the Council.
(5) During the interim period between dissolution and reconstitution of the Parishad, an administrative committee appointed by the Government shall manage all the activities of the Parishad.
(6) All the assets and liabilities of the Parishad shall devolve on the reconstituted Parishad under sub-section (4) from the date of assumption of office until the remainder of the term of the Parishad and on the administrative committee constituted under sub-section (5) from the date of assumption of office until the Parishad is reconstituted.
Chapter Fourteen
Right to information
Right to information
78. (1) Subject to the provisions of existing law, any citizen of Bangladesh shall have the right to receive any information relating to the Parishad, in the prescribed manner.
(2) Notwithstanding anything contained in sub-section (1), the Government may, by notification in the Gazette, in the interest of public interest and local administrative security, designate any record or document as a classified record.
(3) No person shall have the right to know the information of such special category records and documents and the Parishad may ignore any application in this regard.
(4) The Government may, by general or special order, direct the Council to publish a list of information to be supplied to the public in the area.
Methods of providing information
79. (1) Any person requiring any information shall apply in writing to the Chairman of the Parishad in the prescribed form and paying the prescribed fee; If the said application is rejected or otherwise disposed of, the Secretary shall provide the required information within the specified time.
(2) If any person's application is rejected, the reason for rejection shall be communicated to him in writing.
Obligation to provide information
80. (1) The Secretary of the Parishad or any other officer or employee in charge shall be obliged to provide information other than the notified records mentioned in this chapter in the prescribed manner within the specified period.
(2) If the Secretary or the responsible officer or employee within the specified period such information s
Failure to do so will result in a fine of Rs 50/- (Fifty) for each day of delay and the amount of the fine shall be credited to the Parishad fund.
(3) If the secretary of the council or the responsible officer or employee does not supply the information, or if he supplies false or incorrect information despite his knowledge, he shall be punished with a fine of not less than 1,000/- (one thousand) rupees.
Actions done in good faith
81. Notwithstanding anything contained in this Chapter, if the Secretary or the officer or employee in charge is satisfied that the relevant documents or records are not available to furnish the information sought or that such information is not preserved in the Council, he shall, as soon as practicable, inform the applicant of the matter. must be informed and no disciplinary action shall be taken against the Secretary or the concerned officer or employee if the information is not provided for the reasons mentioned in this section.
Chapter fifteen
Registration of tutorial schools, coaching centers, private hospitals, etc
Registration of tutorial schools, coaching centers etc
82. (1) No privately or privately run tutorial school or coaching center shall be opened in the Parishad area without the registration of the Parishad on or after the date of commencement of this Act; For such registration, an application should be made to the Chairman of the Parishad in the prescribed manner and after receiving such an application, if the Parishad conducts the necessary investigation and finds it satisfactory, the Parishad will grant permission for registration with the approval of the meeting.
(2) The Council shall register the institution concerned if all the tutorial schools or coaching centers which are in operation at the time of the promulgation of this Act apply for registration in the manner prescribed by the Government within the prescribed period:
Provided that no application for starting such a tutorial school or coaching center on any Government property shall be registered without the prior approval of the Government;
However, there is a further condition that if the organization established earlier in the government property does not get the permission regarding the use of government property within the specified period, the registration of such organization will be considered canceled after the specified period.
(3) The registration of every organization registered under sub-sections (1) and (2) shall be renewed every five years by paying a fee as determined by the Government.
Registration of private hospitals, etc
83. (1) No private hospital, paramedical institute, etc. shall be established in the area under the jurisdiction of the Parishad without due registration with the Parishad on or after the date of commencement of this Act.
(2) All private hospitals, paramedical institutes which are in operation at the time of the promulgation of this Act, if the institutions apply for registration within the specified time frame, the Council shall register the respective institutions:
Provided that the application for starting such private hospital, paramedical institute on any government property without the prior approval of the Government shall not be registered:
However, there is a further condition that if the organization previously started on the government property does not get the permission regarding the use of the government property within the specified period, the registration of the said organization will be considered canceled after the specified period.
(3) The registration of every organization registered under sub-sections (1) and (2) shall be renewed every 5 (five) years by paying a fee prescribed by the Government.
Penalty for failure to register
84. Any person who establishes or operates a tutorial school, coaching center, private hospital or paramedical institute without the registration of the Parishad or continues to operate such institution or hospital after the registration of such institution or hospital has been canceled shall be liable to a fine of Rs.5,000/- (Five thousand) and such fine If the concerned institution or hospital does not stop operating even after the date of imposition, an additional fine of five hundred taka per day will have to be paid.
Collection of council fees
85. The Parishad may collect annual fee from the registered tutorial schools, coaching centers, private hospitals, paramedical institutes etc. in the area under its jurisdiction at the rate fixed by the Government.
Re-registration
86. (1) If the registration of any tutorial school, coaching centre, private hospital, paramedical institute, etc., except for the irregularities mentioned in the clauses of section 82 and 83, is canceled due to its own fault and penalized under section 84, within six months of payment of fine, double the amount of fine shall be re-registered in the prescribed manner. Because Ulesnkh can apply in advance.
(2) If the application submitted under sub-section (1) is deemed satisfactory after scrutiny, the Council may re-register the affiliated institution:
Provided that no institution shall avail itself of the opportunity of re-registration under this section more than once.
Chapter Sixteen
Other local authorities, offences, penalties etc
Joint Committee
87. A Union Parishad may form a joint committee with any other Union Parishad or Parishads or with any municipality or municipalities or with any local authority or authorities for the purpose of achieving any common interest and exercise any power including the power to make rules for conducting the work of the committee. Can delegate power.
Disputes between councils and municipalities
88. If a dispute arises between two or more councils or between a council and a municipality or between a council and a local authority, for settlement of the matter—
(a) if the parties concerned are of the same district, shall be sent to the Deputy Commissioner;
(b) if the parties concerned are in the same division, shall be sent to the Divisional Commissioner; And
(c) if the parties concerned are from different departments or if one of the parties is a Cantonment Board, it shall be sent to the Government; And the decision of the Divisional Commissioner or the Government, as the case may be, shall be final.
Crime and Punishment
89. (1) The offenses specified in the Fifth Schedule shall be deemed to be offenses punishable under this Act.
(2) For any offense under this Act, a fine of up to 15,000 (fifteen thousand) taka shall be imposed and in case of repetition of the said offence, a fine of up to 200 (two hundred) taka for every day during the period of re-engagement in the said offense after the commission of the first offence. can be done
Compromise of crime Rafa
90. The Chairman or any person or officer generally or specially empowered by the prescribed authority may settle any offense under this Act.
Acceptance for criminal prosecution
91. No court shall entertain any offense under this Act without a written complaint from a person authorized by the Council.
Responsibilities and duties of police officers
92. The duties and responsibilities of every police officer shall be-
(a) to inform the Chairman or the Secretary or any other officer of the Parishad without delay about any attempt to commit an offense or news of the commission of an offense described in this Act;
(b) To assist the Chairman, Secretary or any other officer of the Council in discharging its statutory duties upon written request.
Chapter Seventeen
Misc
illegal possession
93. (1) No person shall illegally occupy any council premises, road or sewer or any part thereof, either permanently or temporarily.
(2) The Council may, by giving notice, order the illegal occupier to remove his property or property from the illegally occupied premises within a specified time and if the same is not removed within the specified time, the Council shall, on its own initiative, cause the same to be removed and the costs in this respect shall be as defined in this Act. Accordingly, the person responsible for the illegal occupation shall be liable to the Council.
(3) Notwithstanding any other law, no compensation shall be paid to an illegal occupier for goods removed or removable under this section.
Appeal order
94. Any person aggrieved by any order passed by the Council in accordance with this Act, rules or regulations may appeal to the prescribed authority in the manner prescribed by the rules; And the decision of the designated authority on such appeal shall be final and no question shall be raised against it in any court.
standing order
95. The Government may, from time to time, by standing order—
(a) determine and regulate the relations between local councils and local authorities;
(b) coordinate the activities of local councils and government departments;
(c) grant financial assistance to local councils in special cases subject to special conditions;
(d) any local council may arrange for the payment of contributions to other local councils; And
(e) may issue general directions to local councils for carrying out the purposes of this Act.
Power to make rules
96. For carrying out the purposes of this Act, the Government may make rules in all or any of the following matters, namely:-
(a) powers and duties of the Chairman and members;
(b) powers and special powers of women members of reserved seats;
(c) executing contracts on behalf of the Council;
(d) prescribing all records, reports to be maintained, prepared or published by the Council;
(e) the terms and conditions of appointment and service of the officers and clerks of the Parishad;
(f) management, operation, control, supervision and investment of funds and special funds;
(g) formulation and approval of the budget and other matters relating thereto;
(h) accounting and auditing;
(j) management, preservation and transfer of property of the Parishad;
(j) formulation, control, co-ordination, approval and implementation of development plans;
(k) the procedure for determining the liability of the officers and employees of the Parishad and any other person for the damage or destruction of the money or property of the Parishad or for the misuse of power;
(l) all matters relating to the levy, collection and control of taxes, rates, tolls and fees;
(d) the procedure for determining the authority of appeal against the order of the Council;
(d) Procedure of inspection of council and powers of inspector.
Power to make regulations
97. For carrying out the purposes of this Act the Council may, with the prior approval of the Government, make such regulations as are not inconsistent with this Act or any rule and without prejudice to the generality of the said powers such regulations shall provide for the following matters, namely-
(a) the administrative management of the Council;
(b) convening meetings;
(c) determining the quorum of the meeting;
(d) writing the minutes of the meeting;
(e) implementation of resolutions adopted at the meeting;
delegation of powers;
(j) establishment of departments and branches of the office of the Council and determination of the scope of all functions;
(j) registration of sale of cattle and other animals;
(k) management and control of common use property;
(l) control of crematoriums and cemeteries;
(d) prevention and control of communicable diseases;
(d) prevention of illegal encroachment;
(n) Cattle management and control;
(c) official or private foreign travel on the occasion of study tour, observation etc.;
(h) any other matter which may be regulated by regulations under this Act.
General provisions regarding rules and regulations, etc
98. (1) Copies of rules and regulations relating to the Parishad shall be kept for inspection and sale in the Parishad office.
(2) The Government may make model regulations and if any such model regulations are made, the Council shall follow the said model in making the regulations.
Certain matters are prescribed
99. In spite of the fact that any work is prescribed under this Act, if there is no provision regarding the authority or the manner in which it is to be done, then the said work shall be completed by the authority directed by the Government in the prescribed manner.
Councils and Wards for the first election
100 For the purpose of the first election of councils under this Act, all councils in existence prior to the promulgation of this Act shall, unless the Government orders otherwise, be deemed to be unions declared under this Act and all wards of the said local government bodies shall be deemed to have demarcated in accordance with section 13. .
Troubleshooting
101. If any difficulty arises in carrying out the provisions of this Act, the Government may, by order, take any measures necessary to remove such difficulty.
delegation of power
102. (1) The Government may, by notification in the Official Gazette, delegate to the Divisional Commissioner or any officer subordinate to him any power specified in this Act or the rules.
(2) The Divisional Commissioner may, with the prior approval of the Government, delegate any power vested in him to any other officer subordinate to him.
Licenses and Approvals
103. (1) Notwithstanding anything contained in this Act or rules or regulations, if the permission or approval of the Parishad is required for the execution of any work, the said permission or approval shall be given in writing.
(2) All license approvals or permits issued under the authority of the Parishad or under the authority of the Parishad shall be signed by the Chairman or any officer empowered by the rules and regulations of the Parishad with the approval of the Chairman.
A lawsuit was filed against the council
104. No action shall be instituted against any council or any member, officer or employee in the performance of official duties, or any act deemed to have been done, unless one month has elapsed after giving written notice thereof, and in such case a written notice to the council shall be delivered or delivered to the office and in the case of any member, officer or employee, written notice shall be delivered to him or to his office or residential address and the person intending to be the plaintiff shall state in the notice the reason for such action, his name and residential address; and the pleading shall contain a statement to the effect that notice has been served in accordance with the above provisions.
Notice and Issuance thereof
105. If any person is required to do or not to do anything under this Act or rules or regulations, the concerned person shall issue a prescriptive notice while complying with the same.
public record
106. All records and registers prepared and preserved under this Act shall be deemed to be public documents within the meaning of the Evidence Act, 1872 and shall be deemed to be pure unless the contrary is proved.
The chairman, members, etc. of the council shall be public servants
107. The chairman, members, officers and employees of the Parishad and other persons duly authorized to act on behalf of the Parishad shall be deemed to be Public Servants in the sense in which the expression Jansevak is used in Section 21 of the Penal Code, 1860.
Revocation and Custody
108. (1) With the coming into force of this Act, The Local Government (Union Parishads) Ordinance, 1983 (Ord. No. LI of 1983), hereinafter referred to as the repealed Ordinance, shall be repealed.
(2) After the repeal of the repealed Ordinance under sub-section (1)—
(a) notwithstanding anything contained in this Act, until such time as the Council is constituted under this Act, all councils existing immediately before the repeal of the repealing Ordinance shall be deemed to be councils constituted under this Act and shall conduct their functions accordingly;
(b) all rules, regulations and orders made under the repealed Ordinance, circulars or notices issued or all licenses and permits granted shall remain in force until repealed and amended, subject to being consistent with the provisions of this Ordinance, and made, granted, issued or shall be deemed to have been granted;
(c) all assets, rights, powers, powers and privileges, all immovable and immovable properties, cash and bank deposits, investments and such properties of the Restoration Council.
(f) managing the affairs and functions of the Standing Committee;
(g) custody and use of the common seal;
(h) any member, officer or employee as Chairman of the Council
All his rights or interests in the said matter shall be transferred and vested in his successor council;
(d) all debts, liabilities and obligations of the reforming Parishad and all contracts entered into by or with it before the repeal of the repealing Ordinance shall be deemed to be debts, liabilities and obligations of the successor council and contracts entered into by or with it;
(e) all budgets, schemes and plans or assessments and assessments made by the Revival Council before the repeal of the repealed Ordinance, shall be deemed to have been made by the successor Council under this Ordinance, until repealed or amended, subject to conformity with the provisions of this Ordinance. shall;
(f) all taxes, rates, tolls, fees and other sums due to the Parishad before the repeal of the repealed Ordinance shall be deemed to be due to the successor Parishad under this Ordinance;
(g) all taxes, rates, tolls, fees and other demands levied on the successor council before the repeal of the repealed Ordinance shall continue at the same rate until changed by its successor council;
(h) Before the repeal of the repealed Ordinance, all the officers and employees of the restoration council shall be transferred to the successor council and shall be deemed to be its officers and employees and shall continue to serve under the conditions on which they were employed before such transfer, unless the composition of the successor council is changed;
(j) All cases which were pending against the original council before the repeal of the repealed ordinance shall be deemed to be pending against the successor council.
Planning and Implementation: Cabinet Division, A2I, BCC, DoICT and BASIS
Technical Assistance:
