Dhaka City Corporation: Hot Links: DCC Ordinance

168. Provisions of this Chapter over-ride other provisions. – The provisions of this Chapter shall have effect notwithstanding anything contained in any other provision of this Ordinance.

169. First election to the Corporation. – For the purpose of first general election of Commissioners, the Government shall, by order published in the official Gazette, determine –

(a) the number of wards into which the City shall be divided ;

(b) the extent of each such ward ; and

(c) the number of seat or seats allotted to each such ward.

170. Appointment of Administrator and Deputy Administrator. –(1) Until the Corporation is constituted in accordance with the provisions of this Ordinance, the functions of the Corporation shall performed by an Administrator to be appointed by the Government.

(2) The Government may appoint 1[three Deputy Administrators] to assist the Administrator in the performance of his functions.

2[170A. Appointment of ward committees. – (1) The Administrator appointed under section 170 may, with the approval of the Government, appoint a ward committee for each ward to assist him in the performance of his functions.

(2) A ward committee shall consist of a Chairman and such number of other members as may be appointed by the Administrator.

(3) The Chairman of a ward committee shall be deemed to be a Commissioner for the purposes of this Ordinance.]

171. Repeals and savings. – (1) On the Commencement of this Ordinance, the Paurashava Ordinance, 1977 (Ord. XXVI of 1977), hereinafter referred to as the said Ordinance, shall, in its application to the City of Dhaka, stand repealed.

(2) Upon the repeal of the said Ordinance, -

(a) all rules, regulations, by-laws or orders made, notifications or notices issued, or licenses or permissions granted under the enactment repealed under sub-section (1), and in force immediately before the commencement of this Ordinance shall, in so far as it is not inconsistent with the provisions of this Ordinance, continue in force and be deemed to have been respectively made, issued or granted under the provisions of this Ordinance until it is altered, repealed or amended under the said provisions ;

(b) all assets, rights, powers, authorities and privileges, and all property, movable and immovable, cash and bank balances, funds, investments and all other rights and interests in, or arising out of such property of the Dhaka Municipal Corporation constituted under the said Ordinance and subsisting immediately before the commencement of this Ordinance shall stand transferred to and vest in the Corporation ;

(c) all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the Dhaka Municipal Corporation before the commencement of this Ordinance shall be deemed to have been incurred, entered into or engaged to be done by, with or for the Corporation under this Ordinance ;

(d) all budget estimates, assessments, valuations, measurements or schemes mad by the Dhaka Municipal Corporation shall, in so far as they are not inconsistent with the provisions of this Ordinance, continue in force and be deemed to have been made under the provisions of this Ordinance until it is altered, amended or superseded under the provisions of this Ordinance ;

(e) all taxes, rates, tolls, cesses, fees, rents and other sums of money due to the Dhaka Municipal Corporation immediately before the commencement of this Ordinance shall be deemed to be due to the Corporation ;

(f) all taxes, rates, tolls, cesses, fees, rents and other charges levied by the Dhaka Municipal Corporation shall, until they are varied by the Corporation, continue to be levied at he same rate at which they were levied immediately before the commencement of this Ordinance and shall be deemed to have been levied under this Ordinance ;

(g) every officer and other employee of the Dhaka Municipal Corporation constituted under the said Ordinance shall stand transferred to and become and officer or other employee of the Corporation and shall hold office or service in the Corporation on the same terms and conditions as were enjoyed by him immediately before the commencement of this Ordinance and shall continue to do so until his terms and conditions are duly altered under this Ordinance ;

(h) all suits, prosecution and other legal proceedings instituted by or against the Dhaka Municipal Corporation before the commencement of this Ordinance shall be deemed to be suits, prosecutions and proceedings by or against the Corporation and shall be proceeded or otherwise dealt with accordingly.

172. Certain matters to be prescribed. – Were this Ordinance makes any provision for anything to be done but no provision, or no sufficient provision, has been made as respects the authority by whom, or the manner in which, it shall be done, then, it shall be done by such authority and in such manner as may be prescribed.

173. Removal of difficulties. – If any difficulties arises in giving effect to the provisions of this ordinance, the Government may, by order, do anything which appears to it to be necessary for the purpose of removing the difficulty ;

Provided that no such order shall be made after the expiration of two years from the constitution of the Corporation.