THE PAURASHAVA ORDINANCE, 1977, PART IV, CHAPTER VIII

( 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 VIII

PUBLIC SAFETY

Fire fighting108. (1) For the prevention and extinction of fire, a Paurashava may, and if so required by the Prescribed Authority shall, maintain a fire brigade, consisting of such staff and such number of fire stations, and such implements, machinery, equipment and means of communicating intelligence as may be prescribed.

(2) On the occurrence of a fire within a municipality, any Magistrate, any official of a fire brigade directing the operations, and any police officer not below the rank of Sub-Inspector, may-

(a) remove or order the removal of any person who by his presence interferes or impedes the operations for extinguishing the fire or for saving life and property;

(b) close any street or passage in or near which any fire is burning;

(c) for the purpose of extinguishing the fire, break into or through, or pull down or cause to be broken into or through, or pulled down, or use for the passage of hoses or other appliances, any premises;

(d) cause mains and pipes to be shut off so as to give greater pressure of water in or near the place where the fire has occurred;

(e) call on the person in charge of any fire engine to render such assistance as may be possible; and

(f) generally take such measures as may appear necessary for the preservation of life and property.

(3) No person shall be liable to pay damages in respect of anything done or in good faith intended to be done under this section.

(4) Notwithstanding the provisions of sub-section (3) or of any other law, or the terms of any insurance policy, any damage done in the exercise of a power conferred, or in the discharge of a duty imposed, by this section shall be deemed to be a damage by fire, for the purposes of any policy of insurance against fire.

Civil Defence109. A Paurashava shall be responsible for the Civil Defence of the municipality, and it shall, in this behalf, perform such functions as may be prescribed.

Floods110. For the fighting of floods, rescuing of people from flood affected areas, and affording relief to flood-stricken people, a Paurashava may, and if so required by the Prescribed Authority shall, provide, such boats appliances and equipment as may be specified by the Prescribed Authority.

Famine111. In the event of a famine, a Paurashava may, with the sanction of the Prescribed Authority, execute such famine works and undertake such famine relief measures as may be necessary or may be specified by the Prescribed Authority.

Dangerous and offensive articles and trades112. (1) The Government may by rules, define the articles and trades which shall be deemed to be dangerous or offensive for the purposes of this section.

(2) Except under and in conformity with the conditions of a licence granted by the Paurashava-

(a) no person shall carry on any dangerous or offensive trade;

(b) no premises shall be used or suffered to be used for any dangerous or offensive trade; and

(c) no person shall store or keep in any premises-

(i) any dangerous or offensive article except for domestic use; or

(ii) any dangerous or offensive article in excess of such limits as may be fixed by the by-laws.

(3) A Paurashava may, with the previous sanction of the Prescribed Authority, prepare and enforce a scheme providing for the prohibition of dangerous and offensive trades in specified areas within the municipality, and for the restriction of such trades in any area not so specified.

Burial and burning places113. (1) A Paurashava may, and if so required by the Prescribed Authority shall, provide suitable places for the burial and burning of the dead, and shall take necessary measures for the proper maintenance and administration of such burial and burning places.

(2) The Government may, by notification in the official Gazette, declare that any burial or burning place which is open to public for burial or burning shall vest in a Paurashava and thereupon such burial or burning place shall vest in the Paurashava, and the Paurashava shall take all measures necessary for the proper maintenance and administration thereof.

(3) Every burial or burning place which is not administered by a Paurashava shall be registered with the Paurashava and shall be subject to regulation, supervision and inspection by the Paurashava in such manner as the by-laws may provide.

(4) No new burial or burning place shall be established within a municipality, except under a licence granted by the Paurashava, and in conformity with the conditions of such licence .