Act No. 56 of 1990

An Act made to amend several Acts relating to local government

Whereas it is expedient to amend several Acts relating to local government for the purpose hereinafter appearing;

Therefore it is enacted as follows:-

1. Short title.- This Act shall be called the Local Government Laws (Amendment) Act, 1990.

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8. Amendment of Act No.38 of 1987.- In the Rajshahi Paura Corporation Act, 1987 (Act No.38 of 1987),-

(1) section 1, for the word "paura" shall be substituted the word "city";
(2) clause c) of section 2, for the word "paura" shall be substituted the word "city";
(3) section 3,
a) the marginal note, for the word "paura" shall be substituted the word "city";
b) subsection (1), for the word "paura", twice mentioned, shall be substituted the word "city";
(4) subsection (1) of section 8, for the word "paura" shall be substituted the word "city";
(5) section 9, for the word "paura" shall be substituted the word "city";
(6) the last full-stop of clause g) of subsection (2) of section 13 shall be substituted by semicolon and the following new clause h) shall be added, namely:-

"h) he is a member of Parliament".
(7) for section 150 shall be substituted the following section, namely:-

"150. Punishment.- (1) All offences under this Act, in respect of which a punishment has not been expressly stated therein, shall be punishable with a fine not exceeding ten thousand Takas and whoever continues to commit such offence shall be punishable with an additional fine not exceeding five hundred Takas for every day following the first day of the offence.
(2) Whoever has been found guilty of an offence under this Act for the second time shall be punishable with simple imprisonment for a period of no less than six month or a fine not exceeding twenty-five thousand Takas, or both.
(3) If a person has been found guilty of an offence listed in the serial numbers 3, 14, 19, 24, 44 or 50 of the third schedule, the court having jurisdiction may, after an application from the Chief Executive Officer or any person referred to in section 151, order or direct-

a) the stoppage of doing of any act without any licence or permission,
b) the stoppage of carrying on of any dangerous or offensive trade or the storing of any such articles,
c) the removal or destruction of any obscene advertisement,
d) the stoppage of operation or removal of any brick kiln, lime kiln, charcoal kiln or pottery,
e) the removal or confiscation of any goods, material, machinery or implement in respect of which any offence mentioned in this subsection has been committed."
(8) section 164,-
a) in the marginal note, the expression "of the Mayor etc." shall be substituted by the expression "of the Mayor"; and
b) the comma and expression ", Deputy Mayor and Commissioner" shall be omitted:
(9) subsection (1) of section 167, the word "paura" shall be substituted by the word "city";
8. Special Provisions.- If, at the Commencement of this Act, any member of parliament is holding office as Commissioner or Deputy Mayor of the Chattagram Municipal Corporation, the Dhaka Municipal Corporation, the Khulna Municipal Corporation or the Rajshahi Paur Corporation, or is holding office as a Chairman or Commissioner of any Paur Meeting, or as a Chairman or member of a Union Parishad, then, in his case, the amendments made by this Act, of-
a) section 10 (2) of the Paurashava Ordinance, 1977 (XXVI of 1977);
b) section 11 (2) and 164 A of the Chittagong Municipal Corporation Ordinance, 1982 (XXXV of 1982);
c) section 11 (2) and 166 A of the Dhaka Municipal Corporation Ordinance, 1983 (XL of 1983);
d) section 7 (2) of the Local Government (Union Parishads) Ordinance, 1983 (LI of 1983);
e) section 11 (2) and 163 A of the Khulna Municipal Corporation Ordinance, 1984 (LXXII of 1984);
f) section 13 (2) and 164 of the Rajshahi Paur Corporation Act, 1987 (Act No.38 of 1987)
shall not be applicable.