THE PAURASHAVA ORDINANCE, 1977, PART IV, CHAPTER II

The Paurashava Ordinance, 1977 (Ordinance)

( Ordinance NO. XXVI Of 1977 )

[ 27th June, 1977 ]

স্থানীয় সরকার (পৌরসভা) অাইন, ২০০৯ (২০০৯ সনের ৫৮ নং অাইন) দ্বারা রহিত করা হইয়াছে।

PART IV

FUNCTIONS IN DETAIL

CHAPTER II

WATER SUPPLY AND DRAINAGE

Water-supply73. (1) A Paurashava shall, within the limits of the funds at its disposal, provide, or cause to be provided, to the municipality a supply of wholesome water sufficient for public and private purposes.

(2) A Paurashava may, and if so required by the Prescribed Authority shall, in the prescribed manner, frame and execute a water-supply scheme for the construction and maintenance of such works for the provision, storage and distribution of water as may be necessary.

(3) Where a piped water-supply is provided, the Paurashava may supply water to private and public premises in such manner and on payment of such charges as the by-laws may provide.

Private sources of water-supply74. (1) All private sources of water-supply within a municipality shall be subject to control, regulation and inspection by the Paurashava.

(2) No new well, water-pump or any other source of water for drinking purposes shall be dug, constructed, or provided except with the sanction of the Paurashava.

(3) A Paurashava may by notice required the owner or any person having the control of any private source of water-supply used for drinking purposes-

(a) to keep the same in good order and to clear it from time to time of silt, refuse and decaying matter;

(b) to protect the same from contamination in such manner as the Paurashava may direct; and

(c) if the water therein is proved to the satisfaction of the Paurashava to be unfit for drinking purposes, to take such measures as may be specified in the notice to prevent the use of such water for drinking purposes.

Drainage75. (1) A Paurashava shall, within the limits of the funds at its disposal, provide an adequate system of public drains in the municipality and all such drains shall be constructed, maintained, kept, cleared and emptied with due regard to the health and convenience of the public.

(2) Every owner or occupier of any land or building within the municipality may, with the previous permission of the Paurashava and subject to such terms and conditions, including the payment of fees, as the Paurashava may impose, cause his drains to be emptied into public drains.

(3) All private drains shall be subject to control, regulation and inspection by the Paurashava and the Paurashava may, in such manner as the by-laws may provide, require the provision, alteration, covering, clearing and closing of private drains.

Drainage Schemes76. (1) A Paurashava may, and if so required by the Prescribed Authority shall, prepare a Drainage Scheme in the prescribed manner for the construction of drains at public and private expense, and other works for the effective drainage and disposal of sullage.

(2) A Drainage Scheme prepared under sub-section (1) shall be submitted for approval to the Prescribed Authority, which may approve it, reject it, or approve it subject to such modifications as it may deem fit.

(3) The Drainage Scheme as approved by the Prescribed Authority shall be executed and implemented in such manner, within such period and by such authority as may be specified by the Prescribed Authority.

(4) A Paurashava may by notice require the owner of any building or land within the municipality-

(a) to construct such drains within the building or land or the street adjoining such building or land as may be specified in the notice;

(b) to remove, alter, or improve any such drains; and

(c) to take such other steps for the effective drainage of the building or land as may be so specified.

Bathing and washing places77. (1) A Paurashava may from time to time-

(a) set apart suitable places for use by the public for bathing, for washing clothes, or for drying clothes;

(b) specify the times at which and the sex of persons by whom such places may be used; and

(c) prohibit, by public notice, the use by the public for any of the said purposes of any place not so set apart.

(2) No person shall establish, maintain or run a hammam or a bath for public use except under a licence granted by the Paurashava and in conformity with the conditions and terms of such licence.

Dhobi ghats and washer men78. (1) A Paurashava may provide dhobi ghats for the exercise of their calling by washer men, and may, by by-laws, regulate the use of dhobi ghats and levy fees for their use.

(2) A Paurashava may, by by-laws, provide for the licensing of washer men and the regulation of their calling.

Public water-courses.79. (1) A Paurashava may, with the previous sanction of the Prescribed Authority, declare any source of water, spring, river, tank, pond, or public stream, or any part thereof within the municipality, which is not private property, to be a public water-course.

(2) A Paurashava may, in respect of any public water-course, provide such amenities, make such arrangements for life saving, execute such works, and, subject to the provisions of any law for the time being in force relating to irrigation, drainage and navigation, regulate the use thereof , as the by-laws may provide.

Public ferries80. (1) A Paurashava may, by by-laws, provide for the licensing of boats and other vessels plying for hire in a public water-course and may prescribe the terms and conditions for the grant of licences and the fees to be charged therefore.

(2) The Government may declare any part of a public water-course to be a public ferry and may entrust the management thereof to the Paurashava and thereupon the Paurashava shall manage and operate the public ferry in such manner and levy such tolls as may be prescribed.

Public fisheries81. A Paurashava may, with the previous sanction of the Government, declare any public water-course as a public fishery, and thereupon the right of fishing in such water–course shall vest in the Paurashava which may exercise such right in such manner as may be prescribed.