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Local Government (Union Parishads) (Amendment) Act, 1993

Act No.20 of 1993

An Act made to amend the Local Government (Union Parishads) Ordinance, 1983

Whereas it is expedient to amend the Local Government (Union Parishads) Ordinance, 1983 (LI of 1983) for the purposes hereinafter appearing;

Now, therefore, it is enacted as follows:-

1. Short title and commencement.- (1) This Act may be called the Local Government (Union Parishads) (Amendment) Act, 1993.
(2) Section 11, 14, and 15 (b) of it shall come into force on such date as the Government may specify by notification in the official Gazette and the other provision shall have effect at once.

2. Amendment of section 2 of Ord.LI of 1983.- In section 2 of the Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), hereinafter referred to as the said Ordinance,-

(a) clause (22) shall be omitted;
(b) clause (23) shall be omitted;
(c) for clause (25) the following two clauses shall be substituted, namely:-
"(25) "Thana" means a police station within the meaning of "police station" as defined in clause (s) of sub-section (1) of section 4 of the Code of Criminal Procedure, 1898 (Act V of 1898);
(25A) "Thana Nirbahi Officer" means the Thana Nirbahi Officer of a Thana;";
(d) clause (28) shall be omitted;
(e) clause (29) shall be omitted;

(a) for sub-section (1) the following sub-section (1) shall be substituted, namely:-
"(1) A Union Parishad shall consist of a Chairman and nine members.";
(b) in sub-section (2), for the words "The Chairman and the elected members" the words, comma and brackets "Subject to the provisions of sub-section (3), the Chairman and members" shall be substituted;
(c) for sub-section (3) the following sub-section (3) shall be substituted, namely:-
"(3) There shall be reserved three seats exclusively for woman members in each Union Parishad, hereinafter referred to as reserved seats, who shall be elected by the members aforesaid in such manner as may be prescribed:
Provided that nothing in this sub-section shall prevent a woman from being elected to any of the seats provided for in sub-section (1)."

(a) for the "proviso" in sub-section (1) the following "proviso" shall be substituted, namely:-
"Provided that, notwithstanding the expiration of its term, a Union Parishad shall continue to function until the first meeting of the Parishad constituted to succeed it.";
(b) sub-section (1A) shall be omitted;
(c) in sub-section (1B),-

(i) for the words "elected members" the words and commas "members, other than members of reserved seats," shall be substituted; and
(ii) in the Explanation the word "elected" shall be omitted.

(a) in sub-section (1), the words "or nominated" shall be omitted;
(b) in sub-section (2),-

(i) the words "or nominated" shall be omitted;
(ii) clause (a) shall be omitted;
(iii) for the full-stop at the end of clause (h) a semicolon shall be substituted and thereafter the following two clauses shall be added, namely:-
"(i) he is a defaulter in paying any of the taxes, rates and fees levied under this Ordinance;
(j) he has been dismissed from the service of the Republic or of any local authority for misconduct involving moral turpitude and unless a period of five years has elapsed since his dismissal."

(a) in sub-section (1), the word "elected" shall be omitted;
(b) in sub-section (2), the word "elected" shall be omitted.

(a) in sub-section (2),-

(i) the words "an elected" shall be omitted;
(ii) in clause (b), for the words "seven elected members" the words "nine members" shall be substituted;

(b) in sub-section (2A), the words "an elected" shall be omitted;
(c) sub-section (4) shall be omitted;
(d) in sub-section (5), the words "or nomination" shall be omitted.

(a) the words and commas "or a nomination, as the case may be," shall be omitted;
(b) the words "or made" shall be omitted;
(c) the words "or nominated" shall be omitted.

(a) in sub-section (1), for the words "a member elected by the Union Parishad from amongst the elected members" the words "a member elected by the Union Parishad under sub-section (1A) from amongst the members" shall be substituted;
(b) after sub-section (1) the following new sub-section (1A) shall be inserted, namely:-
"(1A) An election of Acting Chairman shall be held in such manner as may be directed by the Government.";
(c) in sub-section (2), the word "elected" shall be omitted.

11. Substitution of section 18 of Ord.LI of 1983.- For section 18 of the said Ordinance the following section 18 shall be substituted, namely:-

"18. Wards.- For the purpose of election of members, other than in reserved seats, the Union shall be devided into nine wards."

13. Amendment of section 20 of Ord.LI of 1983.- In section 20 of the said Ordinance,-

(a) in sub-section (3), for the words and commas "Subdivisional Officer or the Upazila Nirbahi Officer, as the case may be," the words "Thana Nirbahi Officer" shall be substituted;
(b) in sub-section (4), for the words and commas "Subdivisional Officer or the Upazila Nirbahi Officer, as the case may be," the words "Thana Nirbahi Officer" shall be substituted;
(c) in sub-section (5), for the words and commmas "Subdivisional Officer or the Upazila Nirbahi Officer, as the case may be," the words "Thana Nirbahi Officer" shall be substituted.

15. Amemndment of section 23 of Ord.LI of 1983.- In section 23 of the said Ordinance,-

(a) in the marginal note, the word "elected" shall be omitted;
(b) in sub-section (1), for the wors "three elected members" the words "one member" shall be substituted;
(c) in sub-section (2),-

(i) for the words "elected members" the words and commas "members, other than in reserved seats," shall be substituted;
(ii) at the end of clause (a) the word "and" shall be omitted;
(iii) for clause (b) the following two clauses shall be substituted, namely:-
"(b) for the purpose of reconstituting the Union Parishad after the expiration of the term of the Union Parishad, within the period of one hundred eighty days preceding such expiration;
(c) for the purpose of reconstituting the Union Parishad after the expiration of the period of supersession of the Union Parishad, if any, before such expiration:
Provided that the persons elected at a general election under clause (b) or (c) shall not enter upon office as Chairman or member of the Union Parishad except after the expiration of the term of the Union Parishad or the period of supersession of the Union Parishad, as the case may be.".

17. Amendment of section 25 of Ord.LI of 1983.- In section 25 of the said Ordinance, for the words "elected members" the words and commas "members, other than in reserved seats," shall be substituted.

18. Amendment of section 30 of Ord.LI of 1983.- In section 30 of the said Ordinance, in sub-section (2), in clause (h), for the words and commas "Upazila Parishad or Thana Parishad, as the case may be," the words "Thana Nirbahi Officer" shall be substituted.

19. Amendment of section 35 of Ord.LI of 1983.- In section 35 of the said Ordinance,-

(a) in clause (a), for the words and commas "Upazila Parishad or the Thana Parishad, as the case may be," the words "any other authority" shall be substituted;
(b) in clause (b), for the words and commas "Upazila Parishad or the Thana Parishad, as the case may be," the words "any other authority" shall be substituted.

(a) in sub-section (1), for the word "committees" the words "Standing Committees" shall be substituted;
(b) in sub-section (5), for the words and commas "Upazila Parishad or the Thana Parishad, as the case may be," the words "Thana Nirbahi Officer" shall be substituted.

38. Constitution of Standing Committees.- (1) The Union Parishad shall, at its first meeting in each year, or as soon as may be at any meeting subsequent thereto, constitute Standing Committees for dealing respectively with-

(a) finance and establishment;
(b) education;
(c) health, family planning, epidemic control and santitation;
(d) audit and accounts;
(e) agriculture and other development works;
(f) social welfare and community centres;
(g) cottage industry and co-operatives.

(2) The Union Parishad may, with the previous approval of the Deputy Commissioner, constitute additional Standing Committees for such purpose as may be prescribed by regulations.
(3) A Standing Committee shall elect one of its members, to be its Chairman.
(4) A Union Parishad may co-opt a person of either sex who is not a member of the Parishad but who may in the opinion of the Parishad, possess special qualifications for serving on any Standing Committee; and such member shall not have any right to vote at meetings of the Standing Committee, but shall be deemed to be member thereof for all other purposes.

23. Amendment of section 84 of Ord.LI of 1983.- In section 84 of the said Ordinance, for clause (g) the following clause (g) shall be substituted, namely:-

"(g) matters relating to Standing Committees and conduct of their business;".

25. Substitution of the SECOND SCHEDULE of Ord.LI of 1983.- For the SECOND SCHEDULE of the said Ordinance the following SECOND SCHEDULE shall be substituted, namely:-
 
 

(1) Tax on the annual value of homestead or union rate to be levied in the prescribed manner.
(2) Tax on the professions, trades and callings.
(3) Tax on cinemas, dramatic and theatrical shows and other entertainments of like nature and amusements.
(4) Fees for licences and permits granted by the Parishad.
(5) Fees (lease money) from specified hats, bazars and ferries within the union boundaries to be determined by the Government.
(6) Fees (lease money) from jalmahals situated entirely within the union boundaries to be determined by the Government.