( 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 I
PUBLIC HEALTH
Responsibility for sanitation63. A Paurashava shall be responsible for the sanitation of the municipality and for the control of environmental pollution, and for this purpose, it may cause such measures to be taken as are required by or under this Ordinance.
Insanitary buildings64. (1) A Paurashava may, by notice, require the owner or occupier of any building or land which is in an insanitary or unwholesome state-
(a) to clean or otherwise put it in a proper state;
(b) to make arrangements to the satisfaction of the Paurashava for its proper sanitation;
(c) to lime wash the building and to make such essential repairs as may be specified in the notice; and
(d) to take such other steps in regard to such building or land as may be so specified.
(2) If any requirement of a notice issued under sub-section (1) is not complied with within such period as may be specified in the notice, the Paurashava may cause the necessary steps to be taken at the expense of the owner or occupier, and the cost so incurred by the Paurashava shall be deemed to be a tax levied on the owner or occupier under this Ordinance.
Removal, collection and disposal of refuse65. (1) A Paurashava shall make adequate arrangements for the removal of refuse from all public streets, public latrines, urinals, drains, and all buildings and land vested in the Paurashava and for the collection and proper disposal of such refuse.
(2) The occupiers of all other buildings and lands within municipality shall be responsible for the removal of refuse from such buildings and lands subject to the general control and supervision of the Paurashava.
(3) The Paurashava may cause public dustbins or other suitable receptacles to be provided at suitable places and in proper and convenient situations in streets or other public places, and where such dustbins or receptacles are provided, the Paurashava may, by public notice, require that all refuse accumulating in any premises or land shall be deposited by the owner or occupier of such premises or land in such dustbins or receptacles.
(4) All refuse removed and collected by the staff of the Paurashava or under their control and supervision and all refuse deposited in the dustbins and other receptacles provided by the Paurashava shall be the property of the Paurashava.
Latrines and urinals66. (1) A Paurashava may, and if so required by the Prescribed Authority shall, provide and maintain, in sufficient number and in proper situation, public latrines and urinals for the separate use of each sex, and shall cause the same to be kept in proper order, and to be properly cleaned.
(2) The occupier of any premises to which may latrine or urinal pertains shall keep such latrine or urinal in a proper state to the satisfaction of the Paurashava and shall employ such staff for the purpose as may be necessary or as may be specified by the Paurashava.
(3) Where any premises are without privy or urinal accommodation, or without adequate privy or urinal accommodation, or the privy or urinal is on any ground objectionable, the Paurashava by notice require the owner of such premises-
(a) to provide such or such additional privy or urinal accommodation as may be specified in the notice; or
(b) to make such structural or other alterations in the existing privy or urinal accommodation as may be so specified;
(c) to remove the privy or urinal; and
(d) where there is an underground sewerage system, to substitute connected-privy or connected-urinal accommodation for any service-privy or service-urinal accommodation.
Births, deaths and marriages67. (1) A Paurashava shall register all births, deaths and marriages within the limits of the municipality an information of such births, deaths and marriages shall be given by such persons or authorities, and shall be registered in such manner, as the by-laws may provide.
(2) The by-laws made under sub-section (1) may exempt any class or classes of marriages information in respect of which is not deemed necessary for registration under this section.
Infectious diseases68. (1) A Paurashava shall adopt such measures to prevent infectious diseases and to restrain infection within the municipality as the rules and by-laws may provide.
(2) A Paurashava may, and if so required by the Government shall, establish and maintain one or more hospitals for the reception and treatment of persons suffering from infectious diseases.
(3) A Paurashava may, in the prescribed manner, frame and implement schemes for the prevention and control of infectious diseases.
Health and maternity centres, etc.69. A Paurashava may, and if so required by the Government shall,-
(a) establish, manage, maintain or contribute towards the maintenance of health centres, maternity centres and centres for the welfare of women, infants and children;
(b) provide for the training of dais;
(c) provide for the promotion of family planning; and
(d) adopt such other measures as may be necessary to promote the health and welfare of women, infants and children.
Promotion of public health70. Subject to the provisions of this Ordinance and the rules, a Paurashava may, and if the Government so directs shall, take such measures for promoting public health, including education in health, as it considers necessary or, as the case may be, the Government directs.
Hospitals and dispensaries71. (1) A Paurashava may, and if so required by the Government shall, establish and maintain such number of hospitals and dispensaries as may be necessary for the medical relief of the inhabitants of the municipality and the people visiting it.
(2) Every hospital and dispensary maintained by a Paurashava shall be managed and administered in such manner as may be prescribed.
(3) Subject to any directions that may be given in this behalf by the Prescribed Authority, every hospital and dispensary maintained by a Paurashava shall be provided with such drugs, medicines, instruments, apparatuses, appliances, equipments and furniture in accordance with such scale and standards as may be prescribed.
Medical aid and relief and medical education, etc.72. A Paurashava may, and if so required by the Government shall, take such measures as may be necessary or as may be specified by the Government for-
(a) the provision and maintenance of first aid centres;
(b) the provision and maintenance of mobile medical aid units;
(c) the promotion and encouragement of societies for the provision of medical aid;
(d) the promotion of medical education;
(e) the payment of grants to institutions for medical relief; and
(f) the medical inspection of school children.
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.
CHAPTER III
ARTICLES OF FOOD AND DRINK
By-laws for articles of food and drink82. A Paurashava may by by-laws-
(a) prohibit the manufacture, sale or preparation, or the exposure for sale, of any specified article of food or drink in any place or premises not licensed by the Paurashava;
(b) prohibit the import into the municipality for sale, or the sale, or the hawking for sale, of any specified article of food or drink by persons not so licensed;
(c) prohibit the hawking of specified articles of food and drink in such parts of the municipality as may be specified;
(d) regulate the time and manner of transport within the municipality of any specified article of food or drink;
(e) regulate the grant and withdrawal of licenses under this section and the levying of fees therefore; and
(f) provide for the seizure and disposal of any animal, poultry or fish intended for food which is diseased, or any article of food or drink which is noxious.
Milk supply83. (1) Except under a licence granted by the Paurashava and in conformity with the conditions of such licence, no person shall, within the municipality, keep milch cattle for the sale of milk, or sell milk, or export or import milk for sale, or manufacture butter, ghee, or any other milk or dairy product, nor shall any premises be used for any such purpose.
(2) A Paurashava may, in the prescribed manner, and with the previous sanction of the Prescribed Authority, frame and enforce a Milk Supply Scheme, which may, among other matters, provide for the establishment of milkmen’s colonies, the prohibition of the keeping of milch cattle in the municipality or any part thereof, and the adoption of such other measures as may be necessary for ensuring an adequate supply of pure milk to the public.
Public markets84. (1) A Paurashava may establish and maintain public markets, or may provide places for use as public markets, for the sale of articles of food and drink and of animals, and secure the proper management and sanitation of such markets.
(2) A Paurashava may, in respect of public market, provide by by-laws-
(a) the fees to be charged for the use of or for the right to expose goods in the market;
(b) the fees to be levied on vehicles and animals bringing goods therein for sale;
(c) the fees to be charged for the use of shops, stalls, pens, or stamps;
(d) the fees to be charged in respect of animals brought for sale or sold; and
(e) the fees to be charged from brokers, commission agents, weighmen and other persons practising their calling therein.
Private markets85. (1) No private market for the sale of articles of food or drink or for the sale of animals shall be established or maintained within a municipality except under a licence granted by the Paurashava and in conformity with the conditions of such licence.
(2) Notwithstanding the provisions of sub-section (1), the owner of every private market within a municipality for the sale of articles of food or drink or for the sale of animals, maintained immediately before the coming into force of this Ordinance, shall, within three months, apply for a licence to the Paurashava and until the licence is granted shall continue to maintain the same.
(3) A Paurashava may levy such fees in respect of private markets as the by-laws may provide.
(4) If a Paurashava is satisfied that in public interest any private market should be discontinued or taken over by the Paurashava, it may direct that the market should be discontinued, or that, subject to the payment of such compensation as would have been payable if it had been acquired under the Land Acquisition Act, 1894 (I of 1894), the market should be taken over by the Paurashava.
(5) A Paurashava may, by notice, require the owner of any private market to construct such works, provide such conveniences, and make such arrangements for the maintenance of the market, and within such period, as may be specified in the notice.
Slaughter-houses86. A Paurashava shall provide and maintain at such site or sites within or without the limits of the municipality as the Prescribed Authority may approve one or more slaughter-houses for the slaughter of animals for sale or of any specified description of animals.
CHAPTER IV
ANIMALS
Animal husbandry87. (1) A Paurashava may, and if so required by the Government shall, provide for the establishment and maintenance of veterinary hospitals and dispensaries, and by by-laws regulate their working and fix the fees to be charged for treatment in such hospitals and dispensaries.
(2) A Paurashava may, by by-laws, define contagious disease among animals and provide for measures that shall be adopted for prevention of the spread of such diseases, including the compulsory inoculation of animals, and the subjection to such treatment as may be necessary of such animals as may be suspected to have been infected with carriers of any such disease.
Stray animals88. (1) A Paurashava may, by by-laws, provide for the seizure, detention and impounding of animals found straying in any street, public place or cultivated land.
(2) A Paurashava may, and if so required by the Prescribed Authority shall, establish and maintain cattle pounds for the impounding of cattle and charge such fines and fees for the impounding of cattle as the by-laws may provide.
(3) No animals shall be picketed or tethered in such streets or places as may be specified by the Paurashava and any animal found picketed or tethered in any such street or place shall be liable to seizure and impounding.
Animal homes and farms89. (1) A Paurashava may, with the previous approval of the Prescribed Authority, establish and maintain animal homes, where, subject to such terms and conditions and on payment of such fees and other charges as the by-laws may provide, the animals of private persons may be kept.
(2) A Paurashava may, with the previous approval of the Prescribed Authority, establish and maintain cattle farms and poultry farms, and such farms shall be managed and administered in such manner as the by-laws may provide.
Registration of the sale of cattle90. A Paurashava may, by by-laws, require that every sale of such of the animals as may be specified shall be registered with the Paurashava in such manner, and subject to the payment of such fees, as the by-laws may provide.
Livestock improvement91. A Paurashava may, with the previous approval of the Prescribed Authority, frame and execute a livestock scheme, which may, among other matters, provide that no person shall keep such animals above such age as may be specified, unless they are castrated or are certified by competent authority to be fit for breeding.
Dangerous animals92. A Paurashava may by by-laws define the animals which shall be deemed to be dangerous animals and the circumstances under which animals not otherwise dangerous shall be deemed to be dangerous, and such by-laws may, among other matters, provide for the detention, destruction or disposal otherwise of such animals.
Cattle shows, zoos, etc93. (1) A Paurashava may hold cattle shows and fairs within its area and charge such fees from the people attending such shows or fairs as the by-laws may provide.
(2) A Paurashava may, with the previous approval of the Prescribed Authority, maintain or contribute towards the maintenance of zoological gardens.
Disposal of carcasses94. Whenever an animal in the charge of a person dies, otherwise than by being slaughtered for sale or consumption, or for some other religious purpose, such person shall either-
(a) convey the carcass within twenty-four hours to a place, if any, fixed by the Paurashava for the disposal of the carcass, or to a place beyond the limits of the Municipality, not being a place within one mile of such limits; or
(b) give notice of the death to the Paurashava whereupon the Paurashava shall cause the carcass to be disposed of and charge such fees from the person concerned as the by-laws may provide.
Explanation.- In this section, “animal” shall be deemed to mean all horned cattle, elephants, camels, horses, ponies, asses, mules, deer, sheep, goats, swine, dogs, cats and other large animals.
CHAPTER V
TOWN PLANNING
Master Plan95. A Paurashava may, and if so required by the Prescribed Authority shall, draw up a Master Plan for the municipality which shall, among other matters, provide for-
(a) a survey of the municipality including its history, statistics, public services and other prescribed particulars;
(b) development, expansion, and improvement of any area within the municipality; and
(c) restrictions, regulations and prohibitions to be imposed with regard to the development of sites, and the erection and re-erection of buildings within the municipality.
Site Development Schemes96. (1) Where a Master Plan has been drawn up under section 95 and such Master Plan has been approved, with or without any modifications by the Prescribed Authority, no owner of land exceeding such area as may be specified in this behalf in the Master Plan as so approved, shall develop the site or erect or re-erect a building on any plot of land covered by the Master Plan, except in conformity with the provisions of Site Development Scheme sanctioned for the area in the prescribed manner.
(2) Among other matters, a Site Development Scheme may provide for-
(a) the division of the site into plots;
(b) the streets, drains, and open spaces to be provided;
(c) the land to be reserved for public purposes and to be transferred to the Paurashava;
(d) the land to be acquired by the Paurashava;
(e) the price of plots;
(f) the works that shall be executed at the cost of the owner or owners of the site or sites; and
(g) the period during which the area shall be developed.
Execution of Site Development Schemes97. (1) The execution of a Site Development Schemes shall be subject to the inspection and control of the Paurashava, and the Paurashava may give such directions with regard to the execution of the Scheme as may be necessary for the proper development of site.
(2) If any area is developed or otherwise dealt with in contravention of the provisions of the sanctioned Site Development Scheme, the Paurashava may, by notice, require the owner of such area or the person who has contravened the provisions to make such alteration in the site as may be specified in the notice and where such alteration is not made or for any reason cannot be carried out, the Paurashava may, in the prescribed manner, require and enforce the demolition of the offending structure, and notwithstanding anything to the contrary contained in any law, no compensation shall be payable for such demolition.
(3) If an area for which a Site Development Scheme has been sanctioned is not developed within the period provided in the Site Development Scheme, and further extension is not allowed by the Paurashava or if the development is not in conformity with the terms of the Site Development Scheme, the Paurashava may, in the prescribed manner, take over the development of the site and execute the necessary works, and the cost incurred thereon by the Paurashava shall be deemed to be a tax levied on the owner or owners under this Ordinance.
CHAPTER VI
BUILDING CONTROL
Erection and re-erection of buildings98. (1) No person shall erect or re-erect a building or commence to erect or re-erect a building unless the site has been approved, and the building plan has been sanctioned by the Paurashava
(2) A person intending to erect or re-erect a building shall apply for sanction in the manner provided in the by-laws, and shall pay such fees as may be levied by the Paurashava with the previous sanction of the Prescribed Authority.
(3) All building applications presented under this section shall be registered in the manner provided in the by-laws, and shall be disposed of as early as possible, but not later than sixty days from the date of the registration of the application, and if no order is passed on an application within sixty days of its registration, it shall be deemed to have been sanctioned to the extent to which it does not contravene the provisions of the building by-laws, or of the Master Plan or Site Development Scheme, if any.
(4) A Paurashava may, for reasons to be stated in writing, reject a site plan or a building plan, but any person aggrieved thereby may appeal to the Prescribed Authority within thirty days of the order of rejection, and the order passed by the Prescribed Authority in appeal shall be final.
(5) A Paurashava may sanction a site plan or a building plan subject to such modifications or terms as may be specified in the order of sanction.
(6) Nothing in this section shall apply to any work, addition or alteration which the Paurashava may, by by-law, declare to be exempt.
Completion of buildings, alterations of buildings, etc.99. (1) Every person who has erected or re-erected a building shall, within thirty days of the completion of the building, report such completion to the Paurashava.
(2) The Paurashava shall cause every building which has been completed to be inspected, and if it has been constructed in violation or contravention of any provision of this Ordinance, the rules or the by-laws or of the Master Plan of Site Development Scheme, if any, the Paurashava may require the alterations of the building so as to be in compliance therewith, and where such alteration is not possible, the Paurashava may require the building or any part thereof to be demolished, or on the application of the owner such building compound the offence, provided that no offence shall be so compounded if it involves any violation or contravention of the provisions of a Master Plan or of a sanctioned Site Development Scheme.
(3) If a building is required to be demolished under the provisions of sub-section (2), and such requirement is not complied with within the specified period, the Paurashava may have the building demolished through its own agency, and the cost incurred thereon by the Paurashava shall be deemed to be a tax levied on the owner or occupier of the building under this Ordinance.
Regulation of buildings100. (1) If any building, or anything fixed thereon, be deemed by the Paurashava to be in a ruinous state or likely to fall or in any way dangerous to any inhabitant of such building or of any neighbouring building or to any occupier thereof or to passers-by, the Paurashava may, by notice, require the owner or occupier of such building to take such action in regard to the building as may be specified in the notice, and if there is default, the Paurashava may take the necessary steps itself and the cost incurred thereon by the Paurashava shall be deemed to be a tax levied on the owner or occupier of the building under this Ordinance.
(2) If a building is in a dangerous condition, or otherwise unfit for human habitation, the Paurashava may prohibit the occupation of such building till it has been suitably repaired to the satisfaction of the Paurashava.
CHAPTER VII
STREETS
Public streets101. (1) A Paurashava shall provide and maintain such public streets and other means of public communication as may be necessary for the comfort and convenience of the inhabitants of the municipality and of the visitors thereto.
(2) A Paurashava shall, in the prescribed manner, prepare and execute a Road Maintenance and Development Programme, which shall form a part of the budget, and the Prescribed Authority may alter or amend the Programme in such manner as it considers necessary.
Streets102. (1) No new street shall be laid out except with the previous sanction of the Paurashava and in conformity with the terms and conditions of such sanction.
(2) All streets other than public streets shall be maintained in such manner as the by-laws may provide.
(3) A Paurashava may, by notice require, that any street may be paved, metalled, drained, channelled, improved or lighted in such manner as may be specified in the notice, and in the event of default, the Paurashava may have the necessary work done through its agency, and the cost incurred thereon by the Paurashava shall be deemed to be a tax levied on the person concerned under this Ordinance.
(4) The Government may prescribe the manner in which a street other than a public street may be converted into a public street.
General provisions about streets103. (1) A Paurashava may, with the previous sanction of the Prescribed Authority, assign names to streets and paint the names or fix the name plates on or at conspicuous places at or near the end, corner or entrance of the street.
(2) No person shall destroy, deface or in any way injure any street, name or name plate, or without the previous permission of the Paurashava, remove the same.
(3) A Paurashava may, in the manner provided in the by-laws, lay down street lines and building lines, and may, among other things, require the setting back of buildings to conform to such street lines and building lines.
(4) A Paurashava may, by by-laws, define nuisances and offences with regard to streets, and provide for their prevention and abatement.
Street-lightings104. (1) A Paurashava shall take such measures as may be necessary for the proper lighting of the public streets and other public places vesting in the Paurashava by oil, gas, electricity or such other illuminant as the Paurashava may determine.
(2) A Paurashava may, with the previous sanction of the Prescribed Authority frame and enforce a Street Lighting Scheme in the prescribed manner.
Street watering105. A Paurashava shall take such measures as may be necessary for the watering of public streets for the comfort and convenience of the public, and may, for this purpose, maintain such vehicles, staff and other apparatus as may be necessary.
Traffic control106. A Paurashava shall, by by-laws, make such arrangements for the control and regulation of traffic as may be necessary to prevent danger to, and ensure the safety, convenience and comfort of, the public.
Public vehicles107. (1) No person shall keep or let for hire, or drive or propel within the limits of a municipality any public vehicle, other than a motor vehicle, except under a licence granted by the Paurashava, and in conformity with the conditions of such licence.
(2) No horse or other animal shall be used for drawing a public vehicle within the limits of a municipality except under a licence granted by the Paurashava and in conformity with the conditions of such licence.
(3) A Paurashava shall, in such manner as by-laws may provide, and with the previous approval of the Prescribed Authority, fix the rate of fares for the use of public vehicles, and no person plying a public vehicle shall charge a fare in excess thereof.
Explanation.- In this section, a “public vehicle” means any vehicle which ordinarily plies for hire.
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 .
CHAPTER IX
TREES, PARKS, GARDENS AND FORESTS
Arboriculture114. (1) A Paurashava shall plant trees on public streets and other public places within the municipality and take all such steps as may be necessary for the plantation and protection of trees on such streets and places.
(2) A Paurashava may, in the prescribed manner and with the previous sanction of the Prescribed Authority, frame and enforce an Arboriculture Plan.
Gardens115. (1) A Paurashava may, and if so required by the Prescribed Authority shall, lay out and maintain within the municipality such public gardens as may be necessary for the recreation and convenience of the public and such public gardens shall be maintained and administered in such manner as the by-laws may provide.
(2) For every public garden, there shall be framed and enforced, in the prescribed manner, a Garden Development Plan which shall provide for the development and improvement of the garden.
Open spaces116. A Paurashava may provide and maintain within the municipality such open spaces as may be necessary for the convenience of the public and such spaces shall be grassed, hedged, planted and equipped with such amenities and in such manner as the by-laws may provide.
Forests117. A Paurashava may, in the prescribed manner, frame and enforce Forest plans providing for the improvement, development and exploitation of forests and plant, maintain and work forests in accordance with such plans.
Nuisances pertaining to trees and plantations118. (1) A Paurashava may, by by-laws, determine the pests of trees and plants and provide for their destruction.
(2) If any land or premises within a municipality is grown with rank or noxious vegetation or undergrowth, the Paurashava may, by notice, require the owner or occupier of such land or premises to clear such vegetation or undergrowth within a specified time, and if he fails to do so within such time, the Paurashava may have such vegetation or undergrowth cleared, and the cost incurred thereon by the Paurashava shall be deemed to be a tax levied on the owner or occupier under this Ordinance.
(3) A Paurashava may, in the manner provided in the by-laws, require the felling of any tree which is dangerous, or the trimming of the branches of any tree which overhang and are likely to interfere with traffic or are otherwise inconvenient.
(4) A Paurashava may, in the manner provided in the by-laws, prohibit the cultivation of any crop which is considered dangerous to public health within such part of the municipality as may be specified.
Tanks and low-lying areas119. A Paurashava may, and if so required by the Prescribed Authority shall, take such steps with regard to the excavation and re-excavation of tanks and the reclamation of low lying areas as it thinks fit, or, as the case may be, the Prescribed Authority directs.
CHAPTER X
EDUCATION AND CULTURE
Education120. (1) A Paurashava shall maintain such educational institutions as may be required by the Prescribed Authority, and may, with the previous approval of the Prescribed Authority, maintain such other educational institutions as may be necessary for the promotion of education in the municipality. (2) All educational institutions maintained by the Paurashava shall be maintained in a state of efficiency and shall conform to such standards as may be prescribed.
(3) A Paurashava may levy such fees for the use of educational institutions as may be prescribed.
(4) A Paurashava may, with the previous approval of the Prescribed Authority, give financial aid to private educational institutions within the municipality.
Compulsory education121. Subject to any law for the time being in force, a Paurashava shall be responsible for the enforcement of compulsory education in the municipality, and it may, in this behalf, adopt all such measures as may be necessary to ensure that every child of school-going age in the municipality attends a school recognised by the Paurashava.
General provisions about education122. A Paurashava may-
(a) construct and maintain buildings to be used as hostels for students;
(b) give scholarships to deserving or specially bright students;
(c) provide for the training of teachers;
(d) promote adult education;
(e) provide school books to orphans and indigent students free of cost or at concessional rates;
(f) maintain depots for the sale of school books and articles of stationery; and
(g) with the previous approval of the Prescribed Authority-
(i) promote and assist educational societies;
(ii) undertake educational survey and enforce educational plans;
(iii) provide, whether free of charge or on payment, milk or meals for school children;
(h) adopt any other measures likely to promote the cause of education.
Culture123. A Paurashava may, and if so required by the Prescribed Authority shall,-
(a) establish and maintain information centres for the furtherance of civic education and the dissemination of information on such matters as community development, and other matters of public interest;
(b) maintain radio sets at public institutions and public places;
(c) organise museums, exhibitions and art galleries;
(d) provide and maintain public halls and community centres;
(e) celebrate the Holy Prophet’s Birthday, Independence day and other national holidays;
(f) provide for the reception of distinguished visitors visiting the municipality;
(g) encourage national language;
(h) promote physical culture, and encourage public games and sports and organise rallies and tournaments;
(i) promote tours to the municipality and adopt measures for the preservation of the historical and indigenous characteristics of the municipality ;
(j) provide, promote or subsidise facilities for the recreation of the public; and
(k) adopt any other measures likely to promote cultural progress and advancement.
Libraries124. A Paurashava may, and if so required by the Prescribed Authority shall, establish and maintain such public libraries, reading rooms and circulating libraries as may be necessary for the use of the public.
Fairs, shows, etc.125. A Paurashava shall, with the previous approval of the Prescribed Authority, make such arrangements on the occasion of any fairs, shows or public festivals within the municipality as may be necessary for the public health, public safety and public convenience, and may levy fees on the persons attending such fairs and shows.
CHAPTER XI
SOCIAL WELFARE
Social welfare126. A Paurashava may, and if so required by the Prescribed Authority shall,-
(a) establish, manage and maintain welfare homes, asylums, orphanages, widow homes and other institutions for the relief of the distressed;
(b) provide for the burial and burning of paupers found dead within the municipality at its own expense;
(c) adopt such measures as may be prescribed for the prevention of beggary, prostitution, gambling, taking of injurious drugs and consumption of alcoholic liquor, juvenile delinquency and other social evils;
(d) organise social service volunteers;
(e) adopt such measures as may be prescribed for the promotion of the welfare of backward classes, families of the persons serving in the Armed Forces, and women and children; and
(f) adopt any other measures likely to promote social welfare.
CHAPTER XII
DEVELOPMENT
Development plans127. (1) A Paurashava may, and if so required by the Government shall, prepare and implement development plans for such periods and in such manner as may be specified.
(2) Such plans shall be subject to the sanction of the Prescribed Authority and shall provide for-
(a) the prevention of environmental pollution;
(b) the promotion, improvement and development of such function or functions of the Paurashava as may be specified;
(c) the manner in which the plan shall be financed, executed, implemented and supervised;
(d) the agency through which the plan shall be executed and implemented; and
(e) such other matters as may be necessary.
(3) The Government may direct that any specified item of income of a Paurashava shall wholly or in part be earmarked and applied in the implementation of a development plan.
Community Development Projects128. A Paurashava may, in the prescribed manner, sponsor or promote community development projects for the municipality or any part thereof and may in this behalf, perform such functions as may, be prescribed.
Commercial Schemes129. A Paurashava may, in the prescribed manner, and with the previous sanction of the Government, promote, administer, execute and implement schemes for undertaking any commercial or business enterprise.