Dhaka City Corporation: Hot Links: DCC Ordinance

142. Annual administration report of the Corporation.– (1) As soon as may be after the first day of July every year, and not later than such date as may be fixed by the Government, the Corporation shall submit to the Government a detailed report of the administration during the preceding year in such form as the Government may direct.

(2) Copies of. the report shall be kept for sale at the Corporation office.

143. Right of Government to call for records.– The Government may, at any time, require the Chief Executive –Officer, -

(a) to produce any record, correspondence, plan or other document;

(b) to furnish any return, plan, estimate, statement, accounts or statistics;

(c) to furnish or obtain and furnish any report;

and the Chief Executive Officer shall comply with such requisition.

144. Inspection.– The Government may depute any officer to inspect or examine any department or office of the Corporation or, any service or work undertaken by the Corporation or any property belonging to the Corporation and to report thereon; and the Corporation and all officers and other employees thereof shall be bound to afford the officer so deputed access at all reasonable times to the premises and properties of the Corporation and to all records, accounts and other documents the inspection of which he may consider necessary to enable him to discharge his duties.

145. Power of Government to require the Corporation to take action.– If, after consideration of anything requisitioned under section 143 or of any report under section 144 or of any information received otherwise, the Government is of opinion–

(a) that any action taken, is unlawful or irregular or -any duty imposed on the Corporation by or under this Ordinance has not, been performed or has been performed in an imperfect, insufficient of unsuitable manner; or.

(b) that adequate financial provision has not been made for the performance of any duty,

the, Government may, by order, restrain the Corporation from performing the act or direct the Corporation, within a period specified in the order, to make arrangements to its satisfaction for the proper performance of the duty or to make financial provision to its satisfaction -for the performance of the duty, as the case may be and the Corporation shall comply with such order :

Provided that unless in the opinion of the Government, the immediate execution of. such order is necessary, the Government shall, before making an order under this section, give the Corporation an opportunity of showing cause why such order shall not be made.

146. Power of Government to provide for enforcement of direction of direction under section 145. – If, within the period specified in any order made under section 145, any action directed under that section has not been duly taken, the Government may make arrangements for the taking of such actin and may direct that all expenses connected herewith shall be defrayed out of the Corporation Fund.

147. power of Government to annul illegal proceedings. – If, in the opinion of the Government any proceedings o f the Corporation are not in conformity with this Ordinance or the rules, regulations or by-laws or with any other law, the Government may, by order, annul or omit from the records such proceedings and do all things necessary to secure such conformity ;

Provided that the Government shall, before making an order under this section, give the Corporation an opportunity of showing cause why such order should not be made.

148. Suppression of the Corporation. – (1) If, in the opinion of the Government, the Corporation –

(a) is unable to discharge or persistently fails in discharging its duties, or

(b) is unable to administer its affairs or meet its financial obligations, or

(c) generally acts in a manner contrary to public interest, or

(d) otherwise exceeds or abuses its power, 1 [or]

1[(e) has failed, without any reasonable excuse, to collect at least seventy five percent of the , total amount of the tax, rate, cess, toll, fee and other charges levied by it in a year.]

the Government may, by order published in the official Gazette, supersede the Corporation for such period as may be specified in the order :

Provided that the Government shall, before making an order under this section give the Corporation an opportunity of showing cause why such order should not be made.

(2) On the publication of an order under sub-section (1) –

(a) all persons holding office as 2*3* Mayor and Commissioners shall cease to hold office ;

(b) all the functions of the Corporation shall, during the period of super session, be exercised and performed 4[by such person or authority as the Government may appoint in this behalf] ;

(c) all funds and property belonging to the Corporation shall, during the period of suppression, vest in the Government.

149. Suspension of particular department or institution of the Corporation. – (1) If, after such enquiry as may be necessary, the Government is of opinion that the Corporation is not able to run a particular department or institution efficiently, it may, by order published in the official Gazette, suspend the authority of the Corporation over such department or institution for such period as may be specified in the order.

(2) Where the authority of the Corporation over any department or institution is so suspended, the Government may itself take over the management of such department of institution or make such other arrangements as it thinks fit, and may require the Corporation or, in case the Corporation fails to comply, the Bank or person holding the Corporation Fund to place such amount as may, be necessary for the management of such department or institution at the disposal of the Government.