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Rajshahi City Corporation (Amendment) Act, 1993

Act No.9 of 1993

An Act made to amend the Rajshahi City Corporation act, 1987

Whereas it is expedient to amend the Rajshahi City Corporation Act, 1987 (Act No.38 of 1987) for the purposes mentioned below;

Now, therefore, it is enacted as follows:-

1. Short title.- This Act may be called the Rajshahi City Corporation (Amendment) Act, 1993.

2. Amendment of section 1 of Act No.38 of 1987.- In section 1 of the Rajshahi City Corporation Act, 1987 (Act No.38 of 1987), heretoafter referred to as the said Act,-

a) clause e) shall be abolished;
b) clause k) shall be abolished;
c) the Comma and expression "Sub-District Parishad" in clause m) shall be omitted.

"4. Composition of the Corporation.- (1) The Corporation shall consist of one Mayor and such number of Commissioners as the Government may determine.
(2) Subject to the provisions of sub-section (3), the Mayor and the Commissioners shall be elected by direct election on the basis of adult franchise in accordance with the provisions of this Act and the rules made thereunder.
(3) There shall be reserved such number of seats as may be fixed by the Government exclusively for women, hereinafter referred to as reserved seats, who shall be elected by the Mayor and Commissioners referred to in sub-section (1)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 under sub-section (1).
(4) The Mayor shall ex officio also be a Commissioner.

5. Omission of section 6 of Act No.38 of 1987.- Section 6 of the said Act shall be omitted.

6. Substitution of section 7 of Act No.38 of 1987.- The following section 7 shall be substituted for section 7 of the said Act, namely:-

"7. Period of the Corporation.- (1) The Corporation shall have a period of five years commencing on the date of its first meeting after its constitution:
Provided that notwithstanding the expiration of its period, the Corporation shall continue to function until the first meeting of the reconstituted Corporation.
(2) The Corporation shall, subject to the other provisions of this Act, be deemed to have been constituted if seventy five percent of the Commissioners except the Commissioners holding reserved seats, have been elected, and if their names have been published in the official Gazette.
Explanation.- For calculating the seventy five percent, less than point five zero percent shall be ignored and point five zero and above percent shall be rounded off into a whole number."

a) in the marginal note, the words "Mayor and Commissioners" shall be substituted for the word "Commissioners";
b) the following sub-section (1) shall be substituted for sub-section (1), namely:-
"(1) Every person elected to the office of the Mayor or the seat of a Commissioner shall, before taking his office or seat, make and subscribe in the presence of such person as the Government may direct an oath or affirmation in the following form, namely:-
"I, .............father or husband .............., having been elected Mayor or Commissioner of the Rajshahi City Corporation do solemnly swear or affirm that I will bear true faith and allegiance to Bangladesh and that I will faithfully and law-abidingly discharge the duties of my office."

9. Amendment of section 10 of Act No.38 of 1987.- The words "except public officers/Commissioners" in section 10 of the said Act shall be abolished.

10. Amendment of section 11 of Act No.38 of 1987.- The words and commas "the Deputy Mayor or, except public officers/ Commissioners, other" in sub-section (1) of section 11 of the said Act shall be abolished.

11. Amendment of section 12 of Act No.38 of 1987.- The foolowing section 12 shall be substituted for section 12 of the said Act, namely:-
"12. Removal of Mayor and Commissioners.- (1) The Mayor or a Commissioner shall render himself liable to removal from his office, if-

a) he, without reasonable excuse, absents himself from three consecutive meetings of the Corporation; or
b) he is involved in any activity prejudicial to the interest of the Corporation or of the State or is convicted for any offence relating to corruption or misconduct; or
c) he refuses to perform his duties or is unable to perform his duties on account of being bodily or mentally disabled; or
d) he is guilty of misconduct or abuse of power or is responsable for any loss or misapprobriation or misapplication of money or property of the Corporation.

12. Amendment of section 13 of Act No.38 of 1987.- In section 13 of the said Act,-

a) in the marginal note, the words "the Mayor and the Commissioners" shall be substituted for the word "the Commissioners";
b) in sub-section (1), the words "after the election of the Mayor or the Commissioners and such Mayor or Commissioners" shall be substituted for the words and comma "after the election of the Commissioners or the nomination of the woman Commissioners, and such Commissioners";
c) in sub-section (2),-

i) the words "after the election of the Mayor or the Commissioners and such Mayor or Commissioners" shall be substituted for the words "after the election of the Commissioners or the nomination of the woman Commissioners and such Commissioners";
ii) the following clauses h) and i) shall be substituted for clause h), namely:-

"h) he has been dismissed from the service of the republic or of any local authority for misconduct involving moral turpitude and a period of five years has not elapsed since his dismissal;
i) he is a defaulter in paying any of the tax, rate, cess, toll or fee levied under this Act";

d) the following sub-sections (5) and (6) shall be inserted after sub-section (4), namely:-
"(5) A person shall not, at the same time, be a candidate for election to the office of the Mayor and the office of a Commissioner and if a person offers himself, at the same time, to be a candidate for election to the office of the Mayor and the office of a Commissioner, all his nomination papers shall stand void.
(6) When the office of Mayor falls vacant during the term of the Corporation, a Commissioner may offer himself to be a candidate for election to the office of Mayor, and if he is elected, his Commissionership shall cease on the date he makes the oath of office of Mayor."

a) in the marginal note, the word "Deputy" shall be omitted;
b) the words "of the Mayor and the Commissioners" shall be substituted by the words and comma "of any other Commissioner, except public officers/Commissioners";
c) sub-section (2) shall be abolished;
d) in sub-section (3)-

i) the words "the Mayor or a Commissioner" shall be substituted for the words "an elected Commissioner";
ii) the words "the Mayor or a Commissioner" shall be substituted for the word "a Commissioner";
iii) the words "the Mayor or the said Commissioner" shall be substituted for the word "a Commissioner";

e) in sub-section (4), the words "the Mayor or a Commissioner" shall be substituted for the word "a Commissioner".

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

i) the word "Deputy" shall be omitted;
ii) the words 'of ninety days" shall be substituted for the words "of one month".

a) in the marginal note, the word "Deputy" shall be omitted;
b) the word "the Mayor" shall be substituted for the words "the Deputy Mayor".

"19. Discharge of the functions of the Mayor by a Commissioner.- (1) When the Mayor is unable to discharge his functions on account of absence or illness or any other cause, a Commissioner authorised in writing by the Mayor shall perform the functions of the Mayor until the Mayor is able again to discharge his functions.
(2) When the office of Mayor becomes vacant on account of resignation, removal or death, such Commissioner as may be directed by the Government shall act as the Mayor until a new Mayor is elected and assumes his duties."

18. Substitution of section 20 of Act No.38 of 1987.- The following section 20 shall be substituted for section 20 of the said Act, namely:-

20. Division of the City in Wards.- For the purpose of the election of the Commissioners, other than the Commissioners in reserved seats, the City shall be divided in such number of wards as there are Commissioners to be elected.

20. Insertion of a new section after section 24 of Act No.38 of 1987.- After section 24 of the said Act shall be inserted the following new section 24A, namely:-

24A. Time of election.- (1) The election of the Corporation shall be held within hundred and eighty days preceding the date on which the term of the Corporation expires.
(2) In case of the Corporation having been superseded, the election for the purpose reconstituting the Corporation shall be held before the date on which the period of the supersession expires.
(3) The Mayor or the Commissioners elected under Sub-section (1) or (2) may not assume charge of the Corporation until the expiration of the term of the Corporation or, as the case may be, the period of supersession of the Corporation."

22. Amendment of section 26 of Act No.38 of 1987.- In section 26 of the said Act,-

a) in the marginal note, the words "the Mayor and the Commissioners" shall be substituted for the words "the Commissioners";
b) the words and comma "the Mayor and the Commissioners, other than Commissioners in reserved seats" shall be substituted for the words "elected Commissioners".

24. Insertion of a new section after section 29 of Act No.38 of 1987.- After section 29 of the said Act the following new section 29A shall be inserted, namely:-

"29A. Division of the City into Zones.- (1) For the purpose of better administration and proper conduct of the business of the Corporation, the Government may divide the City into such number of Zones as it may deem fit.
(2) There shall be a Zonal office for every Zone and it shall, under the control and supervision of the Mayor, perform the functions assigned to it by the Corporation in accordance with rules.

26.Amendment of section 31 of Act No.38 of 1987.- In section 31 of the said Act,-

a) in sub-section (2), the words and number "a Commissioner authorised in accordance with the provisions of section 19" shall be substituted for the words "the Deputy Mayor";
b) in sub-section (6), the words and number "a Commissioner authorised in accordance with the provisions of section 19" shall be substituted for the words and comma "the Deputy Mayor,";
c) after sub-section (6) the following sub-section (7) shall be added, namely:-

"(7) Such officials as may be specified by the Government shall be invited by the Corporation to attend the meetings of the Corporation and they may take an active part in the deliberation of the meetings and give their statements, but shall not have any right to vote."

28. Amendment of section 50 of Act No.38 0f 1987.- In section 50 of the said Act, the words "one thousand seven hundred and fifty Takas" shall be substituted for the words "one thousand Takas".

29. Amendment of section 62 of Act No.38 of 1987.- The words and comma "the Deputy Mayor," in sub-section (2) of section 62 of the said Act shall be omitted.

30. Amendment of section 65 of Act No.38 of 1987.- The words and comma "the Deputy Mayor," in section 65 of the said Act shall be omitted.

31. Amendment of section 147 of Act No.38 of 1987.- In section 147 of the said Act,-

a) after clause d) of sub-section (1) the following clause e) shall be inserted, namely:-
"e) has failed, without ant reasonable excuse, to collect at least seventy five percent of the tax, rate, cess, toll, fee and other charges levied by it in a year";
b) in sub-section (2),-

i) the word "Deputy" in clause a) shall be omitted;
ii) in clause b), the words "any person or authority appointed by the Government" shall be substituted for the word "the Mayor".

33. Amendment of section 160 of Act No.38 of 1987.- The words "the Deputy Mayor" in section 160 of the said Act shall be omitted.

34. Amendment of section 163 of Act No.38 of 1987.- In section 163 of the said Act,-

a) in the marginal note, the word "a Commissioner" shall be substituted for the words and comma "the Deputy Mayor, members";
b) the words and comma ", the Deputy Mayor" shall be omitted.

36. Amendment of the Fourth Schedule of Act No.38 of 1987.- In the Fourth Schedule of the said Act,

a) in serial number 1, the word "Deputy" shall be omitted;
b) in serial number 2, the word "Deputy" shall be omitted.