( Ordinance NO. LI Of 1983 )
[ 12th September,1983 ]
এই অধ্যাদেশটি স্থানীয় সরকার ( ইউনিয়ন পরিষদ ) আইন, ২০০৯ (২০০৯ সনের ৬১ নং আইন) দ্বারা রহিত করা হইয়াছে।
An Ordinance to provide for the constitution of Union Parishads for the unions in rural areas.
WHEREAS it is expedient to provide for the constitution of Union Parishads for the unions in rural areas and for matters incidental or ancillary thereto;
NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the Chief Martial Law Administrator is pleased to make and promulgate the following Ordinance:-
Short title1. This Ordinance may be called the Local Government (Union Parishads) Ordinance, 1983.
Definitions2. In this Ordinance, unless there is anything repugnant in the subject or context,-
(1) “annual value” means the gross rent at which a building or land may be let from year to year;
(2) “building” includes any shop, house, hut, out house, shed, stable or enclosure built of any material and used for any purpose, and also includes a wall, well, verandah, platform, plinth and steps;
(3) “Chairman” means the Chairman of a Union Parishad;
(4) “Circle Officer” means the Circle Officer of the police station concerned, and includes any officer specially appointed by the Government to perform all or any of the functions of a Circle Officer under this Ordinance;
(5) “Deputy Commissioner” includes any officer specially appointed by the Government to perform all or any of the functions of a Deputy Commissioner under this Ordinance;
(6) “district” means a revenue district;
(7) “Election Commission” means the Election Commission of Bangladesh;
(8) “function” includes powers to be exercised and duties to be discharged;
(9) “infectious disease” means cholera, plague, small-pox and tuberculosis and includes such other disease as the Government may, by notification in the official Gazette, declare to be an infectious disease for the purposes of this Ordinance;
(10) “land” includes land which is being built upon or is built up or is covered with water;
(11) “member” means a member of a Union Parishad;
(12) “municipal body” means a body constituted under any law relating to local government in urban areas, but does not include Cantonment Board;
(13) “prescribed” means prescribed by rules made under this Ordinance;
(14) “public road” means a road maintained by the Government or by a Union Parishad or other local authority;
(15) “public street” means a street maintained by the Government or by a Union Parishad or other local authority;
(16) “public way” means a way maintained by the Government or by a Union Parishad or other local authority;
(17) “regulations” means regulations made under this Ordinance;
(18) “road” includes a road which is not a thoroughfare;
(19) “rules” means rules made under this Ordinance;
(20) “rural area” means any area which is not an urban area;
(21) “street” includes a street which is not a thoroughfare;
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(24) “tax” includes any rate, fee or other impost leviable under this Ordinance;
3[(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;]
(26) “union” means a rural area declared to be a union under section 3;
(27) “Union Parishad” means a Union Parishad constituted under this Ordinance;
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(30) “Urban area” means an area within the jurisdiction of a municipal body;
(31) “ward” means a ward of a Union Parishad; and
(32) “way” includes a footway, square, court, alley or passage accessible to the public, whether a thoroughfare or not.
Declaration of Union and alteration of limits thereof3. The Deputy Commissioner may, in the prescribed manner,-
(a) divide the rural areas of a police station within his jurisdiction separately into a number of areas, and declare each such area to be a union;
(b) extend, curtail or otherwise alter the limits of any such union; and
(c) declare that any such area shall, from a date to be specified, cease to be a union.
Union to be administrative unit6[3A. Every union shall be an administrative unit for the purpose of article 59 of the Constitution of the People’s Republic of Bangladesh.]
Constitution of Union Parishads
- (1) As soon as may be after the commencement of this Ordinance, there shall be constituted, in accordance with the provisions of this Ordinance, a Union Parishad for a union.
(2) A Union Parishad shall be known by such local name as the Deputy Commissioner may assign.
(3) Every Union Parishad shall be a body corporate, having perpetual succession and a common seal, with power, subject to the provisions of this Ordinance and the rules, to acquire and hold property both movable and immovable, and shall by its name sue and be sued.
Composition of Union Parishads5. 7[(1) A Union Parishad shall consist of a Chairman and twelve members including three members exclusively reserved for women.]
(2) 8[Subject to the provisions of sub-section (3), the Chairman and members] shall be elected by direct election on
the basis of adult franchise in accordance with the provisions of this Ordinance and the rules.
9[(3) There shall be reserved three seats exclusively for women members in each Union Parishad, hereinafter referred to as reserved seats, who shall be elected by direct election on the basis of adult franchise in accordance with the provisions of this Ordinance and the rules:
Provided that nothing in this sub-section shall prevent a woman from being elected to any of the nine general seats provided for in sub-section (1).]
(4) The Chairman of a Union Parishad shall also be deemed to be a member of the Parishad.
(5) There shall be paid to the Chairman and members of a Union Parishad such honorarium as may be determined by the Government.
10[Term of Union Parishads, etc.]6. (1) The term of a Union parishad shall be a period of 11[five] years commencing on the day of its first meeting after its constitution:
12[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.]
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14[(1B) Notwithstanding anything contained in this Ordinance, a Union Parishad shall be deemed to have been duly constituted after the election of seventy-five per cent of the total number of its 15[members 16[* * *]] has taken place.
Explanation.- For calculating the seventy-five per cent of the total number of 17[* * *] members, less than point five zero per cent shall be ignored and point five zero and above per cent shall be rounded off into a whole number.]
(2) A Union Parishad shall, after its constitution, hold its first meeting on such date, not later than thirty days from the day on which the names of its Chairman and elected members are notified in the official Gazette, as may be appointed by the Government.
Qualifications and disqualifications of Chairman and members of Union Parishads7. (1) A person shall, subject to the provisions of sub section (2), be qualified to be elected 18[* * *] as, and to be, a Chairman or member if-
(a) he is a citizen of Bangladesh;
(b) he has attained the age of twenty five years; 19[* * *
(c) in the case of Chairman, his name appears on the electoral roll for any ward in the Union;
(d) in the case of a member including a member of reserved seats, his name appears on the electoral roll of the concerned ward.]
(2) A person shall be disqualified for election 20[* * *] as, or for being, a Chairman or a member if-
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(aa) he is declared by a competent Court to be of unsound mind;]
(b) he is an undischarged insolvent;
(c) he has ceased to be a citizen of Bangladesh;
(d) he has been, on conviction for a criminal offence involving moral turpitude, sentenced to imprisonment for a term of not less than two years, unless a period of five years has elapsed since his release;
(e) he holds any full time office of profit in the service of the Republic or of the Union Parishad or of any other local authority; or
(f) he is a party to a contract for work to be done for, or goods to be supplied to, the Union Parishad concerned, or has otherwise any pecuniary interest in its affairs, or is a dealer in essential commodities appointed by the Government 23[;
(g) he has defaulted in repaying any loan taken by him from any specified bank within the time allowed by the bank therefore;
Explanation.- For the purposes of clause (g), “specified bank” means the Sonali Bank, the Agrani Bank and the Janata Bank constituted under the Bangladesh Banks (Nationalisation) Order, 1972 (P.O. No. 26 of 1972), the Shilpa Rin Sangstha established under the Shilpa Rin
Sangstha Order, 1972 (P.O. No. 128 of 1972), the Bangladesh Shilpa Bank Order, 1972 (P.O. No. 129 of 1972), the House Building Finance Corporation established under the House Building Finance Corporation Order, 1973 (P.O. No. 7 of 1973), the Krishi Bank established under the Krishi Bank Order, 1973 (P.O. No. 27 of 1973), the Investment Corporation of Bangladesh established under the Investment Corporation of Bangladesh Ordinance, 1976 (XL of 1976), the Rajshahi Krishi Unnayan Bank established under the Rajshahi Krishi Unnayan Bank Ordinance, 1986 (LVIII of 1986), and the Rupali Bank Limited 24[;
(h) he is a member of Parliament 25[;
(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.]
Persons not to be candidate for two offices
- (1) A person shall not, at the same time, be a candidate for election to the offices of Chairman and 26[* * *] member of a Union Parishad.
(2) If a person offers himself, at the same time, to be a candidate for election to the offices of Chairman and 27[* * *] member, all his nomination papers shall stand void.
(3) When the office of Chairman falls vacant during the term of the Union Parishad, a member may contest the election to the office of Chairman, and if he is elected, his membership shall cease on the date he makes the oath of office of Chairman.
Oath of office9. Every Chairman and member shall, before he enters upon his office, make, in the prescribed manner and within the prescribed period, an oath in the prescribed form.
Declaration of properties
- Every Chairman and member shall, before he enters upon his office, submit to such Authority as the Government may direct, a declaration in writing, of properties, both movable and immovable, whether within or outside Bangladesh, which he or any member of his family owns, or which he has in his possession or under his control, or in which he or any member of his family has any beneficial interest.
Explanation.- In this section, the expression “member of his family”, in relation to a person, includes-
(a) the spouse of such person, and
(b) such of the children, parents, brothers and sisters as reside with and are wholly dependent upon such person.
Resignation of Chairman, etc.11. (1) A Chairman may resign his office by notice in writing under his hand addressed to the Government or such other authority as the Government, may direct.
(2) A member may resign his office by notice in writing under his hand addressed to the Chairman.
(3) A resignation under this section shall become effective, and the office concerned shall become vacant, on the date on which the notice of resignation is received by the addressee.
Removal of Chairman, etc.
- 28[(1) A Chairman or member shall render himself liable to removal from his office if –
(a) he, without reasonable excuse, absents himself from three consecutive meetings of the Union Parishad;
(b) he is involved in any activities prejudicial to the interest of the Union Parishad or of the State;
(c) he becomes physically or mentally incapacitated from performing his functions; or
(d) he is guilty of misconduct or is responsible for any loss or misapplication of money or property of the Union Parishad.
Explanation. In this sub section, “misconduct” means misuse of power, corruption, jobbery, favouritism, nepotism and wilful maladministration and includes any attempt at, or abetment of, such misconduct.
(2) A Chairman or 29[* * *] member shall not be removed from his office-
(a) on any ground mentioned in clause (a) or (b) of sub-section (1), unless after such enquiry as may be considered necessary, the Government declares, by an order in writing, that he is liable to be so removed; or
(b) on any ground mentioned in clause (c) or (d) of that sub-section, unless, at a special meeting of the Union Parishad called for the purpose in the prescribed manner, a resolution to the effect that he is liable to be so removed is passed by the votes of not less than 30[nine members] of the Union Parishad and unless the resolution is approved by the Government:
Provided that no declaration under clause (a) nor a resolution under clause (b) shall be made or passed unless the Chairman or the member concerned has been given a reasonable opportunity of showing cause against the declaration or resolution proposed to be made or passed with respect to him.
(2A) A Chairman or 31[* * *] member shall be deemed to have been removed from his office on the date on which the
declaration under clause (a) of sub-section (2) of the approval of the Government under clause (b) of that sub-section is received by the Union Parishad.]
(3) A Chairman shall stand removed from his office if, at a special meeting of the Union Parishad called for the purpose in the prescribed manner, a motion of no-confidence is passed against him by the votes of not less than seven elected members and the motion is approved by the Government.
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(5) Notwithstanding anything contained in any other provision of this Ordinance, a person who has been removed from any office under this section shall not, during the unexpired period of the term of the Union Parishad, be eligible for election 33[* * *] to that Union Parishad.
Vacation of Office of the Chairman, etc.
- The office of Chairman or member shall become vacant if-
(a) he becomes disqualified for being such Chairman or member under section 7(2);
(b) he fails to make the oath referred to in section 9 within the prescribed period, unless the 34[Deputy Commissioner], for good cause shown extends the period;
(c) he resigns his office under section 11;
(d) he is removed from his office under section 12; or
(e) he dies.
Casual vacancy14. (1) Where the office of Chairman or a member becomes vacant not later than one hundred and eighty days before the term of the Union Parishad is due to expire, an election 35[* * *] to fill the office shall be held 36[* * *] within sixty days of the occurrence of the vacancy, and the person who is elected in such election 37[* * *] shall hold office for the residue of such term:
Provided that if no election is held within sixty days, the Election Commission may fix a day to hold such election.
(2) While the office of Chairman is vacant, the functions of the office shall be performed by the Acting Chairman referred to in section 16.
Leave of absence of Chairman, etc.
- A Union Parishad may grant leave of absence to its Chairman for any period not exceeding three months in any one year.
- (1) If a vacancy occurs in the office of Chairman or if the Chairman is unable to discharge the functions of his office on account of absence, illness or any other cause, 38[a member elected by the Union Parishad under sub-section (1A) from amongst the members] shall act as Acting Chairman until a new Chairman elected to fill such vacancy enters upon his office or until the Chairman resumes the functions of his office, as the case may be.
39[(1A) An election of Acting Chairman shall be held in such manner as may be directed by the Government.]
(2) At any time when the Acting Chairman is unable to discharge the functions of his office on account of absence, illness or any other cause, another member elected by the Union Parishad from amongst the 40[* * *] members shall act as Acting Chairman until a new Chairman elected to fill such vacancy enters upon his office or until the Acting Chairman resumes the functions of his office, as the case may be.
Notification of election, etc.
- An election, 41[* * *] resignation, removal or vacation of office of a Chairman or member shall be notified in the official Gazette by the Government or any other authority as the Government may direct.
Reconstitution of Union Parishads in certain cases
42[17A. (1) Where any portion of a union has been declared an urban area and included in a municipality under the Paurashava Ordinance, 1977 (XXVI of 1977), the Union Parishad of the union may, if necessary, notwithstanding anything contained in this Ordinance, be reconstituted in such manner as the Government may direct and a Union Parishad so reconstituted shall continue to function till a Union Parishad is constituted in accordance with the provisions of this Ordinance.
(2) Notwithstanding anything contained in sub-section (1), the Government may, instead of reconstituting a Union Parishad, appoint an Administrator to perform the functions of the Union Parishad till a Union Parishad is constituted in accordance with the provisions of this Ordinance.
(3) Where an Administrator is appointed under this section,-
(a) the Chairman and members of the Union Parishad shall cease to hold office;
(b) the Government may appoint a Committee consisting of such number of members as it deems fit to assist the Administrator in the discharge of his functions.
(4) The Administrator and the members of the Committee, if any, shall respectively exercise the powers of the Chairman and Members of the Union Parishad.
(5) The Government may make such orders regarding the staff and the assets and liabilities of the Union Parishad reconstituted under this section as it may deem fit.]
43[18. (1) For the purpose of election of members, other than in reserved seats, the Union shall be divided into nine wards.
(2) For the purpose of election of members in reserved seats, the Union shall be divided into three wards.]
Appointment of delimitation officers
- (1) For the purpose of delimitation of wards, the 44[Thana Nirbahi Officer] may appoint from amongst persons in the service of the Republic as many delimitation officers and assistant delimitation officers as may be necessary.
(2) An assistant delimitation officer shall assist the delimitation officer in the performance of his functions and may perform, under the control of the delimitation officer, the functions of the delimitation officer.
Delimitation of wards
- (1) The wards shall be delimited having regard to territorial unity and, so far as practicable, to distribution of population and administrative convenience.
(2) A delimitation officer may, for the purpose of delimiting the wards, make such enquiries and examine such records as he may deem necessary and consider such representations as may be received by him, and shall publish at his office and at the office of the Union Parishad and at such other place or places as he considers necessary a preliminary list of wards specifying the areas proposed to be included in each such ward together with a notice inviting objections or suggestions within fifteen days from the date of publication of the notice.
(3) The objection or suggestion, if any, received under sub section (2), shall be forwarded to the 45[Thana Nirbahi Officer] who, after making such enquiries as he considers necessary, shall give his decision within a period not exceeding fifteen days from the date of receipt of the objections or suggestions from the delimitation officer.
(4) The delimitation officer shall make such amendments, alterations or modifications in the preliminary list published under sub section (2) as may be required by any decision on any objection or suggestion given by the 46[Thana Nirbahi Officer] under sub-section (3) and may also make such other amendments, alterations or modifications in the said list as may be necessary for correcting any error or omission.
(5) After making amendments, alterations or modifications, if any, under sub section (4), the delimitation officer shall publish at his office and at the office of the Union Parishad and at such other place or places as he considers necessary the final list of wards, specifying the areas included in such ward and shall forward attested copies thereof to the 47[Thana Nirbahi Officer] who shall publish the list of wards in the official Gazette.
Delimitation of wards of reserved seats48[20A. For the purpose of election to the reserved seats, the Thana Nirbahi Officer shall cause the nine wards, delimited under section 20 to be regrouped into three wards and shall publish the list of such wards in the official Gazette.]
Electoral roll21. (1) There shall be an electoral roll for each ward to be prepared by the Election Commission.
(2) A person shall be entitled to be enrolled on the electoral roll for a ward if he-
(a) is a citizen of Bangladesh;
(b) is not less than eighteen years of age;
(c) does not stand declared by a competent Court to be of unsound mind; and
(d) is or is deemed to be a resident of that ward.
Right to vote
- (1) Every person whose name is for the time being entered in the electoral roll of a ward shall be entitled to vote at election of 49[a member 50[* * *] for that ward].
(2) Every person whose name is for the time being entered in the electoral roll of a ward of a union shall be entitled to vote at an election of Chairman for that union.
Election of51[***] elected members, etc.23. (1) There shall be elected 52[one member] from each ward and a Chairman in a Union Parishad.
(2) A general election of Chairman and 53[members 54[* * *]] of a Union Parishad shall be held-
(a) for the purpose of constituting the Union Parishad under
section 4, as soon as may be after the commencement of this Ordinance; 55[* * *]