[Home] [Databases] [WorldLII] [Search] [Feedback] Bangladesh Acts

You are here:  CommonLII >> Databases >> Bangladesh Acts >> National Institute of Local Government Act, 1992

[Database Search] [Name Search] [Noteup] [Help]

National Institute of Local Government Act, 1992

Act No.27 of 1992

An Act made for the establishment of the National Institute of Local Government

Whereas it is expedient to establish an institute to be called National Institute of Local
Government;

Now, therefore, it is enacted as follows:-

1. Short title and commencement.- (1) This Act may be called the National Institute of Local
Government Act, 1992.
(2) This Act shall come into force on the date the Government may determine by announcement
in the Official Gazette.

2. Definitions.- Unless there is anything repugnant in the subject or context, in this Act-

     a) "Institute" means the National Institute of Local Government;
     b) "regulation" means any regulation made under this Act;
     c) "rule" means any rule made under this Act;
     d) "Board" means the managing board of the Institute;
     e) "Director-General" means the Director-General of the Institute;
     f) "member" means member of the Board;
     g) "Chairman" means chairman of the Board.

3. Establishment of the Institute.- (1) There shall, as soon as possible after the
commencement of this Act, be established in accordance with the provisions of this Act an
institute to be called the National Institute of Local Government.
(2) The Institute shall be a body corporate and it shall have perpetual succession and a common
seal, and it shall, subject to this Act and rules, have power to acquire, hold and transfer property,
both movable and immovable, and cases my be filed by or against it.
(3) The Head Office of the Institute shall be located in Dhaka.

4. General Direction.- The management and administration of the Institute shall vest in a
Managing Board and the Managing Board may exercise all powers and do all acts and things
which may be done or exercised by the Institute.

5. Managing Board.- The Managing Board shall consist of the following members, namely:-

     a) Minister, Ministry dealing with the local Government, rural development and
     co-operatives-Chairman;
     b) Deputy Minister, Ministry dealing with local Government, rural development and
     co-operatives- Vice-Chairman;
     c) Secretary of the Ministry or Department dealing with local Government-member;
     d) an officer, holding at least the rank of a joint secretary, of the Ministry or
     Department dealing with establishment to be nominated by that Ministry or
     Department;
     e) an officer, holding at least the rank of a joint secretary, of the Department dealing
     with finance to be nominated by that Department;
     f) an officer, holding at least the rank of a joint secretary, of the Ministry or
     Department dealing with rural development and co-operatives to be nominated by
     that Ministry or Department;
     g) a representative of the Bangladesh Training Center of Public Administration to be
     nominated by that Center;
     h) the Director-General of the Legislation Development Center;
     i) the Director-General of the Bangladesh Academy of Rural Development, Comilla;

     j) the Chief Executive Officer of the Dhaka City Corporation;
     k) four representatives of four local Governments to be nominated by the
     Government;
     l) a technical adviser of the technical bureau of local Government;
     m) the Director-General of the Institute, who shall also be its secretary.

6. Functions of the Institute.- The Institute shall have the following functions, namely:-

     a) to provide training in various matters relating to local Government to members,
     officers and employees of City Corporations, Zila Parishads and Union Parishads;
     b) to give advice to the Government on such subjects relating to local Government
     as the Government may determine;
     c) to carry out investigations on various problems and matters relating to local
     Government;
     d) to provide training to the officers and employees of various institutions concerned
     with local Government;
     e) to arange national and, after the prior approval of the Government, international
     workshops, seminars and meetings on local Government;
     f) to gather and evaluate informations on local Government and other matters related
     thereto;
     g) to make available documentations on local Government and other matters related
     thereto and to found a National Documentation Center;
     h) to publish books, periodicals, investigation reports, evaluation reports on local
     Government;
     i) to found and conduct libraries and reading rooms;
     j) to co-ordinate training and research programmes relating to local Government;
     k) to contact, after the prior approval of the Government, foreign and international
     institutions in matters of local Government and, if necessary, to adopt joint schemes
     of work;
     l) to introduce certificate courses on various matters relating to local Government;
     m) to accept other programmes given by the Government;
     n) to take any measure which may be required to carry out the abovementioned
     functions.

7. Director-General and directors.- (1) The Institute shall have one Director-General and such
number of directors as the Government may determine.
(2) The Director-General and the directors shall be appointed by the Government on such terms
and conditions as the Government may determine.
(3) If a vacancy occurs in the office of the Director-General or if the Director-General is unable to
discharge his functions on account of absence, illness or any other cause, a person nominated by
the Government shall function as the Director-General until a freshly appointed Director-general
assumes his charges or until the Director-General is able again to discharge his functions.
(4) The Director-General shall be the Chief Executive Officer of the Institute and he shall-

     a) be responsible for the implementation of every decision of the Board;
     b) manage the administration of the Institute;
     c) accomplish, in accordance with the directions of the Board, other duties of the
     Institute.

8. Meetings of the Board.- (1) The Board shall hold at least one meeting within two months
and the date, place and time of the meeting shall be determined by the Chairman.
(2) To constitute a quorum at a meeting of the Board, not less than one third of the total number
of members shall be present, but no quorum shall be required in the case of an adjourned
meeting.
(3) All meetings of the Board shall be presided over by the Chairman and, in his absence, by a
member nominated by him.
(4) Each member shall have one vote and, in the event of equality of votes, the person presiding
over the meeting shall have a second or casting vote.
(5) No act or proceeding of the Institute shall be invalid or be called in question merely on the
ground of any vacancy in the office of any member or any defect in the constitution of the Board.

9. Power to give directions.- The Government may, for the purpose of this Act, give any
direction to the Institute and the Institute shall be bound to comply with such directions.

10. Special power of Chairman.- If any situation arises where an immediate decision is called
for in the interest of the Institute, the Chairman may give such decision and shall without any delay
inform the Board thereabout.

11. Committees.- The Institute may appoint one or more committees to render it assistance in
the discharge of its functions.

12. Fund of the Institute.- (1) There shall be a fund of the Institute to which shall be credited-

     a) grants made by the Government;
     b) grants made by local authorities;
     c) sums proceeding from the sale of properties of the Institute;
     d) loans, aid and grants received from any foreign Government or Institution with the
     assent of the Government;
     e) any other sums received by the Institute.

(2) The fund of the Institute shall, with the approval of the Board, be kept at any scheduled bank.
(3) The Institute may, if necessary for the discharge of its functions, make use of its fund.

13. Power to take loans.- The Institute may, if necesary for the discharge of its functions, take
loans from any scheduled bank.

14. Delegation of powers.- The Board may, under well-defined conditions, delegate any of its
powers or duties to the Director-General or any other officer of the Institute.

15. Appointment of officers and employees.- (1) The Institute may, subject to such conditions
as the Government may give from time to time, appoint such officers and employees as it may
consider necessary in order to discharge its functions properly.
(2) The appointments and service conditions of the officers and employees of the Institute shall be
determined by regulations.

16. Annual budget report.- The Institute shall every year, within such time as the Government
may determine, submit to the Government an annual budget statement for the following financial
year showing the sums which are likely to be required by the Institute from the Government for
that financial year.

17. Accounts and audit.- (1) The Institute shall maintain its accounts properly and shall prepare
an annual report of its accounts.
(2) The Auditor-General and Comptroller of Bangladesh, hereinafter referred to as the
Auditor-General, shall every year audit the accounts of the Institute and shall send one copy of
the audit report to the Government and Institute, respectively.
(3) For the purpose of an audit under sub-section (2), the Auditor-General or any person
authorized by him shall have access to all records, documents, cash or money deposited at banks,
securities, stores and other properties of the Institute and may examine the Director-General, any
director and any other officer or employee of the Institute.

18. Reports.- (1) The Institute shall immediately after the end of every financial year submit to
the Government an annual report on the conduct of its affairs during that year.
(2) The Government may, if necessary, require the Institute to furnish any report or statement
regarding any matter of the Institute and the Institute shall be bound to comply with any such
requisition.

19. Indemnity.- No suit, prosecution or other legal proceeding shall lie against the Board, the
Chairman, any member, the Director-General or any other officer or employee of the Institute for
any damage which is caused or which is likely to be caused to any person as a result of anything
done in good faith under this Act or the rules or regulations.

20. Power to make rules.- The Government may, by notification in the official Gazette, make
rules for the purpose of this Act.

21. Power to make regulations.- The Institute may, after the prior consent of the Government
and by notification in the official Gazette, make regulations, not inconsistent with the provisions of
this Act and the rules made thereunder, for the purpose of this Act.

22. Abolition of the National Institute of Local Government etc.- (1) Upon the
establishment of the Institute the Regulation No. M-13/LGI-2/69/584, dated the 21th June, 1969
shall stand repealed.
(2) Upon the rescission of that regulation-

     a) the Local Government Institute constituted under that regulation (National
     Institute of Local Government), hereinafter referred to as the said Institute, shall be
     abolished;
     b) all assets, rights, powers, authorities and privileges and all properties, movable
     and immovable, cash and bank balance and all other rights and interests of the said
     Institute shall be transferred to and vested in the Institute;
     c) all debts, liabilities and obligations of the said Institute before its abolishment shall
     be debts, liabilities and obligations of the Institute;
     d) all suits and cases filed by or against the said Institute shall be deemed to have
     been filed by or against the Institute;
     e) every officer and employee of the said Institute shall be transferred to the Institute
     and they shall be deemed to be officers and employees appointed by the Institute
     and shall serve the Institute on the same terms and conditions as were applicable to
     them before their transfer unless their terms and conditions of service are altered by
     the Institute.