Union Parishad and Corporation ( Special Obligations) Ordinance, 1991

Ordinance No.6, 1991

An Ordinance made to impose special obligations on Union Parishads and Corporations for the purpose of maintaining law and order for the period of elections of the national parliament

Whereas it is, in the interest of regular and unobstructed elections, expedient to impose some special obligations on Union Parishads and Corporations for the purpose of maintaining law and order for the period of elections to the national parliament;

and whereas Parliament is not in session and the acting President is satisfied that circumstances exist which render immediate action necessary;

Now, therefore, in exercise of the powers conferred to him by article 93 (1) of the Constitution of the Poeple's Republic of Bangladesh, the acting President is pleased to make and promulgate the following Ordinance:-

1. Short title.- This Ordinance may be called the Union Parishad and Corporation ( Special Obligations ) Ordinance, 1991.

2. Definitions.- Unless there is anything repugnant in the subject or context, in this Ordinance-

a) "election" means election of the national parliament;
b) "period of election" means the period extending from the last date for submitting nominations for the election to the seventh day after the accomplishment of the election;
c) "Parishad" means Union Parishad and Corporation.
3. Preeminence of the Ordinance.- This Ordinance shall have effect notwithstanding anything contained in any other Act for the time being in force.

4. Obligation to maintain law and order for the period of elections to the national parliament.- Every Parishad shall, for the period of elections, in its own district,-

a) be responsible for maintaining law and order;
b) co-operate closely with all Authorities and officers which are applying law and maintaining law and order, and shall render every assistance they may require;
c) take such measures as are effective in preventing activities which break the law or obstruct law and order, and shall inform about it all Authorities and officers which are applying laws related therewith and maintaining law and order;
d) restrain all activities which may create hindrances to regular, unobstructed and impartial elections, and shall inform about it all Authorities concerned;
e) see electoral campaigns, meetings and propaganda to be held or made unobstructedly and peacefully, and shall arrest persons which are creating obstacles to such campaigns, meetings or propaganda and turn them over to the law enforcing Authorities;
f) intercept all efforts to demolish or destroy electoral offices, symbols, posters, banners or slogans, and shall take measures which are effective with regard thereto;
g) trace every person who prepares, transports or uses illegal weapons or explosives, and shall, where it is not possible to arrest such persons, inform the said Authorities about it;
h) at the date of election, intercept all efforts to break the electoral laws or rules, and shall render assistance in respect of applying those laws or rules to all Authorities and officers concerned.
5. Dissolution of Parishads.- (1) Where the Government is satisfied that any Parishad does not attempt to the best of its abilities, or intentionally fails, to fulfill the duties referred to in section 4, or shows negligence in doing so, it may, by notification in the official Gazette, dissolve the said Parishad.
(2) After the publication of a notification under sub-section (1)-
a) the Chairman and all the members or, as the case may be, commissioners of the Parishad shall not remain on their posts;
b) the activities of the Parishad shall be carried out by any person or Authority the Government may appoint;
c) the assets of the Parishad shall be deposited with the Government.
(3) The Parishad shall, within six months after the date of the publication of a notification under sub-section (1), be reestablished in accordance with the laws to be applied in the case of Parishads.
(4) Any Parishad afflicted by a dissolution under this section may, within one month after the date of the publication of a notification under sub-section (1), file an appeal against such dissolution to the High Court Department.