Dhaka City Corporation: Hot Links: DCC Ordinance

43. Chief Executive Officer. – (1) There shall be a Chief Executive Officer of the Corporation who shall be appointed by the Government on such terms and conditions as may be determined by it.

(2) The Chief Executive Officer shall hold office for a period of three years, which may be extended by the Government for a further period or periods not exceeding one year at a time.

(3) Notwithstanding anything contained in sub-section (2), the Government may, at any time, terminate the appointment of the Chief Executive Officer, and shall do so if, at a special meeting of the Corporation called for the purpose, resolution for such termination has been passed by the votes of not less than three-fifths of the total number of Commissioners :

Provided that if the Chief Executive Officer is a person in the service of the Republic, no such special meeting shall be called and no such resolution shall be moved, except after giving one month’s notice to the Government.

(4) If the Chief Executive Officer is unable to perform the functions of his office on account of absence, illness or any other cause, the Government may appoint another person to officiate as Chief Executive Officer in his place.

44. Power of the Chief Executive Officer. – (1) Save as otherwise provided in this Ordinance and the rules, the Mayor, if he deems necessary, may delegate any of his executive powers to the Chief Executive Officer and such delegated powers shall be exercised by him in accordance with this Ordinance and the rules.

(2) In exercising his powers, the Chief Executive Officers shall be responsible to the Mayor.

45. Extraordinary powers of Chief Executive Officer. – On the occurrence or threatened occurrence of any accident or any unforeseen event or natural calamity involving, or which is likely to involve, extensive damage to any property of the Corporation or danger to human life, the Chief Executive Officer shall take such mediate action as he considers necessary and make report forthwith to the Corporation or the Standing Committee concerned of the action taken by him and the reason therefor and also of the cost, if any, incurred or likely to be incurred in consequence of such action.

46. Chief Executive Officer to be custodian of records. – The Chief Executive Officer shall be responsible for the custody of all records, including in particular all papers and documents connected with the proceedings of the Corporation. Standing Committees and other committees.

47. Right of Chief Executive Officer to be present at meetings. – The Chief Executive Officer shall have the same right of being present at any meeting of the Corporation or of any standing Committee or other committee thereof and of taking part in the discussions thereat as if he were a Commissioner or a member of such committee, and may, at any time, with the consent of the person presiding at the meeting, make a statement of explanation of facts, but he shall not vote upon, or move, any motion at such meeting.

48. Schedule of posts. – (1) The Chief Executive Officer shall from time to time prepare and lay before the Corporation a schedule setting forth the posts which should, in his opinion, constitute the Corporation establishment.

(2) The Corporation shall, with the previous approval of the Government, sanction such schedule, with or without modifications and may, with such approval from time to time, amend it either of its own motion after ascertaining the opinion of the Chief Executive Officer or at the instance of the Chief Executive Officer.

49. No appointment to be made to any post not included in the schedule. – No person shall be appointed to any post in the Corporation unless the post is included in the schedule for the time being in force prepared and sanctioned under section 48.

50. Appointing authorities. – Subject to this Ordinance, appointments to the Corporation establishment shall be made –

(a) by the Mayor, if the maximum salary of the office of post exceeds 1[One thousand seven hundred twenty-five taka] per month ;

(b) by the Chief Executive Officer, in all other cases with the approval of the Mayor.

51. Provident fund 1* and other facilities for officers, etc. – The Corporation may, in the prescribed manner, -

(a) establish and maintain a Provident Fund and require any of its officers or other employees to such Fund and may itself contribute to it in such manner and proportion as may be prescribed ;

(b) provide for the payment of 2* * gratuity to its officers and other employees after retirement ;

(c) grant a special 3* * gratuity to the family of any of its officers or other employees who dies or disease or injury contracted or suffered in the discharge of his duties ;

(d) operate scheme of social insurance for its officers and other employees and require them to subscribe to it ;

(e) establish and maintain a Benevolent Fund out of, which shall be paid such relief as may be prescribed.

52. Punishment o officers and employees. – (1) An officer or other employee of the Corporation may be censured, fined, reduced in rank, compulsorily retired, suspended, removed or dismissed, or his increment or promotion may be withheld, for any breach of any departmental regulation or discipline or for any carelessness or negligence of duty or for corruption or other misconduct by such authority and in such manner as may be prescribed :

Provided that no such officer or other employee shall be removed or dismissed or reduced in rank by an authority subordinate to that by which he was appointed.

(2) No such officer or other employee shall be removed or dismissed or reduced in rank unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him :

Provided that this sub-section shall not apply –

(a) where an officer or the employee is removed or dismissed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge ; or

(b) where the authority empowered to remove or dismiss an officer or other employee or to reduce him in rank is satisfied that for some reason to be recorded by that authority in writing it is not reasonably practicable to give that officer or other employee an opportunity of showing cause.

(3) Any officer or other employee upon whom a punishment has been inflicted under this section may appeal to such authority as may be specified by rules.

53. Officers and employees to be subordinate to Chief Executive Officer. – The Chief Executive Officer shall be the Principal Officer of the Corporation and all officers and other employees of the Corporation shall be subordinate to the Chief Executive Officer who shall specify the duties of, and exercise supervision and control over, such officers and other employees.

54. Terms, and conditions of service. – Subject to the provisions of this Ordinance, the Government may be rules –

(a) prescribe the conditions of service of the officers and other employees of the Corporation ;

(b) prescribe the qualifications for various posts under the Corporation ;

(c) prescribe the principles to be followed in making appointments to various posts under the Corporation;

(d) fix the amount and nature of security, if any, to be furnished by the officers and other employees of the Corporation ;

(e) regulate the grant of leave and leave allowance to the officers and other employees of the Corporation ;

(f) regulate the conduct of the officers and other employees of the Corporation ;

1(ff) provide for transfer of officers and other employees of the Corporation to any other local authority ;]

(g) provide for other matters necessary for the efficient discharge of duties by the officers and other employees of the Corporation