An Act made to establish a Local Government Parishad for the Rangamati Hill District
Whereas the Rangamati Hill District is a special area inhabited by several backward tribes and it is, therefore, expedient to provide for the establishment of a Parishad for it for the purpose of its comprehensive development;
Now, therefore, it is herewith enacted as follows:-
1. Short title and commencement.- (1) This Act may be called
Rangamati Hill District Local Government Parishad Act, 1989.
(2) This Act shall come into force on such date as the Government may, by notification in the official Gazette, determine.
2. Definitions.- Unless there is anything repugnant in the subject or context, in this Act-
a) "non-tribal" means anybody who is not a member of a tribe;3. Constitution of the Rangamati Hill District Local Government Parishad.- (1) As soon as may be after the commencement of this Act, there shall be constituted, in accordance with the provisions of this Act, in the Rangamati Hill District a Parishad to be called Rangamati Hill District Local Government Parishad.
b) "tribal" means any member of the Cakma, Marma, Tancainga, Tripura, Lusai, Pankhu or Kheyan tribe residing permanently in the Rangamati Hill District;
c) "Chairman" means Chairman of the Parishad;
d) "schedule" means the schedule of this Act;
e) "Parishad" means the Rangamati Hill District Local Government Parishad;
f) "regulations" means regulations made under this Act;
g) "rules" means rules made under this Act;
h) "local authority" means Corporation, Upa-Zila Parishad and Union Parishad;
i) "member" means member of the Parishad.
4. Composition of the Parishad.- (1) The Parishad shall consist of the following members, namely:-
a) the Chairman;(2) The Chairman and the other members shall be, subject to this Act and rules, be elected by the population by open ballot.
b) twenty tribal members;
c) ten non-tribal members.
a) ten persons shall be elected from the Cakma tribe;(4) The Chairman shall be elected from among the tribals.
b) four persons shall be elected from the Marma tribe;
c) two persons shall be elected from the Tancainga tribe;
d) one person shall be elected from the Tripura tribe;
e) one person shall be elected from the Lusai tribe;
f) one person shall be elected from the Pankhu tribe;
g) one person shall be elected from the Kheyan tribe.
5. Qualifications and disqualifications of Chairman.- (1) Whoever
is able to be elected as a tribal member shall be eligible as a Chairman.
(2) Whoever is not able to be elected as, or to continue to be, a tribal member shall not be eligible as a Chairman.
6. Qualifications and disqualifications of tribal and non-tribal
members.- (1) Whoever is a citizen of Bangladesh, a permanent resident
of the Rangamati Hill District, a member of a tribe and has attained the
age of twenty-five years shall, subject to the provisions stated in sub-section
(3), be able to be elected as a tribal member to a seat specified for his
(2) Whoever is a citizen of Bangladesh, a permanent resident of the Rangamati Hill District, is not a member of a tribe and has attained the age of twenty-five years shall, subject to the provisions stated in sub-section (3), be able to be elected as a non-tribal member to a seat specified for non-tribals.
(3) No person shall be eligible as, or continue to be, a tribal or non-tribal member, if-
a) he has renounced or lost the citizenship of Bangladesh;7. Oath of office of the Chairman and the members- Whoever has been elected to the office of a Chairman or a member shall, before he enters upon his office, make an oath or an declaration in the belowmentioned form before the Chittagong Division Commissioner and sign his oath or declaration, namely:-
b) he is declared by a court to be of unsound mind;
c) he is an undischarged insolvent;
d) he leaves the Rangamati Hill District in order to settle down permanently elsewhere;
e) he has been, on conviction for any offence, sentenced to imprisonment for a term of not less than two years, unless a period of five years has elapsed since his release;
f) he holds in whatever function any whole-time office of profit in the service of the Republic or the Parishad or any other local authority;
g) he is, or continues to be, a member of the National Parliament or a Chairman or a member of a local authority;
h) he is a contractor for work to be done for, or goods to be supplied for, the Parishad, or is a partner in a company of contractors engaged in such activities, or has any kind of pecuniary interest in the Parishad, or is a dealer in essential commodities appointed by the Government.
i) he has any outstanding debts overdue at any Sonali Bank, Agrani Bank, Janta Bank, Rupali Bank, Shilpa Bank, Shilpa Loan Institute or Krishi Bank.
"I ...............father or husband.........................., elected as the Chairman or a member of the Local Authority Parishad of the Rangamati Hill District, swear faithfully or declare firmly that I shall fulfill the tasks of my office according to the laws and with trustworthyness, and that I shall bear true faith and and allegiance to Bangladesh."8. Declaration of property.- The Chairman and every member shall, before they enter upon their office, submit to the Chittagong Division Commissioner, in the manner determined by the Government, a written account of all the movable or immovable property he or any member of his family owns, holds or is interested in.
Explanation.- "Member of the Family" includes the husband or wife of the Chairman or the member concerned and his children, parents and brothers and sisters living with, and being completely dependent on, him.9. Benefits for Chairman and members.- The benefits for the Chairman and the members shall be determined by regulations.
10. Term of the Parishad.- The term of the Parishad shall be
a period of three years commencing on the day of its first meeting:
Provided that, notwithstanding the expiration of its term, the Parishad shall carry on its functions until the first meeting of the re-elected Parishad.
11. Resignation of Chairman and members.- (1) The Chairman may
resign his office by a signed letter addressed to the Government, any member
by a signed letter addressed to the Chairman.
(2) The resignation shall become effective, and the office concerned shall become vacant on the date the resignation is received by the addressee.
12. Removal of the Chairman etc. .- (1) The Chairman or any member shall be removed from their office, if-
a) he fails to be present at three successive meetings of the Parishad without good reasons;(2) Neither the Chairman nor any member shall for any reason referred to in sub-section (1) be removed from his office, unless, at a meeting convened for the purpose in the prescribed manner, a resolution for his removal is passed by the votes of not less than three-fourth of the total membership, and unless the resolution is approved by the Government.
b) he refuses to perform his functions, or is unable to perform his functions for reasons of physical or mental illness;
c) he is guilty of misconduct or misuse of powers, or is responsible for any loss or misapropriation of any money or property of the Parishad.
Explanation.- In this sub-section "misconduct" includes misuse of powers, corruption, nepotism and wilful maladministration.
13. Vacancy of the office of the Chairman or a member.- (1) The office of the Chairman or a member shall be vacant, if-
a) he fails to take an oath or make a declaration as provided in section 7 within thirty days after his name has been published in the official Gazette:(3) If the Chairman or any member shows any doubt as to whether or not he has been ineligible under section 5 or 6, the question shall be submitted by the Parishad secretary to the Rangamati Hill District Judge for decision, and if the District Judge expresses the opinion that the said Chairman or member has been ineligible under those sections, he shall not continue in his office and the office of the Chairman or member shall be vacant from the date of the said decision of the District Judge.
Provided that the Government may, before the expiry of such period, for appropriate reasons, extend that period;
b) he is disqualified under section 5 and section 6 to continue in his office;
c) he renounces his office under section 11;
d) he is removed from his office under section 12;
e) he dies.
14. Temporary Chairman.- If the office of the Chairman is for any reason vacant or if he fails to discharge his functions on account of his absence or illness, a person nominated by the Government from among the tribal members shall function as the Chairman until the newly elected Chairman assumes his office or until the Chairman is able again to perform his duties.
15. Unexpected vacancy in an office.- If there occurs a vacancy in the office of the Chairman or a member hundred eighty days before the term of the Parishad expires, it shall be filled within sixty days after the office became vacant, and whoever has been elected to the said office shall continue in it for the remaining term of the Parishad.
16. Time of the general elections to the Parishad.- (1) The general
elections to the Parishad shall be hold within sixty days before the term
of the Parishad expires.
(2) In case the Parishad has been dissolved, a general election for the re-establishment of the Parishad shall be hold before the date on which the term of the dissolution expires.
17. Electoral register.- The part of the electoral register prepared for elections to the national parliament and for the time being in force which relates to the Ilakas of the Rangamati Hill District shall be the electoral register for any election to the Parishad.
18. Right to vote.- Every person whose name is recorded for the time being in the electoral register referred to in section 17 may cast his vote at any election to the Parishad.
19. Interdiction to apply for two offices at the same time.- No person may be a candidate for election to the office of the Chairman and to the office of a tribal member at the same time.
20. Electoral procedure.- (1) The electoral commission formed
in accordance with the Constitution, henceforward referred to as the electoral
commission, shall also conduct the election of the Chairman and the members
in accordance with this Act and the rules made thereunder.
(2) The Government shall, by publication in the official Gazette, make rules for the election of the Chairman and the members and such rules shall contain regulations in respect of all or any of the following matters, namely:-
a) the appointment of a returning officer, an asistant returning officer, a presiding officer and a polling officer for the purpose of conducting the elections, and their powers and duties;(3) In the rules made under clause l) of sub-section (2) provisions shall be made for terms of imprisonment, fines or punishments comprising both, but no term of imprisonment shall excede two years and no fine shall excede five thousand Takas.
b) the nominations of candidates, objections to nominations and the scrutiny of nominations;
c) the deposits to be made by candidates, the refunding or forfeiture of such deposits;
d) the withdrawal of canditure;
e) the appointment of agents of candidates;
f) the procedure in contested and uncontested elections;
g) the date, time and place for poll and other matters relating to the conduct of elections;
h) the manner in which votes are to be given;
i) the custody and disposal of ballot papers and other papers relating to elections;
j) the circumstances under which polls may be suspended and fresh polls may be held;
k) the election expenses;
l) corrupt and illegal practises and other and other electoral offences and their punishment;
m) electoral disputes and their trial and settlement;
n) other allied matters relating to elections.
21. Publication of the results of elections of the Chairman and members.- The names of all persons elected as Chairman and members shall, as soon as may be after the election, be published in the official Gazette by the election commission.
22. Functions of the Parishad.- The Parishad shall have the functions referred to in the first schedule and it shall carry out those functions in consistency with that schedule.
23. Transfer of functions from the Parishad to the Government and vice versa.- Notwithstanding anything contained in this Act or any other Act for the time being in force, the Government may, after approval of the Parishad, direct-
a) that any institution or service maintained by the Parishad shall be transferred to the management and control of the Government; and24. Executive powers.- (1) The executive powers of the Parishad shall extend to the doing of all acts necessary for the due discharge of its functions under this Act.
b) that any institution and service maintained by the Government shall be transferred to the management and control of the Parishad.
25. Disposal of business.- (1) All business of the Parishad shall,
to the extentand in the manner prescribed, be disposed of , or at the meetings
of its committees, or by its Chairman, or members, or officers or employees.
(2) All the meetings of the Parishad shall be presided over by the Chairman, and in his absence, by any other member chosen from among the tribal members by the members present.
(3) No act or proceedings of the Parishad shall be invalid by reason only of the existence of any vacancy in, or any defect in the constitution of, the Parishad, or by reson only that some person who was not entitled to do so, sat, or voted. or otherwise took part in its proceedings.
(4) A copy of the minutes of every meeting of the Parishad shall be transmitted to the Government within fourteen days from the date on which the meeting was hold.
26. Right of the Cakma Chief to attend the meetings of the Parishad.- The Rangamati Cakma Chief may, on his request or on invitation, attend every meeting of the Parishad and express his opinion on every subject submitted for discussion to the Parishad.
27. Committees.- The Parishad may appoint committees if deemed necessary for assistance in its functions, and may determine the number of members, duties and procedure of such committees.
28. Contracts.- (1) All contracts made by or on behalf of the Parishad shall be-
a) in writing and expressed to be made in the name of the Parishad;(2) Any contract shall be reported to the Parishad by the Chairman at the meeting next following the execution of the contract.
b) executed in accordance with regulations.
29. Works.- The Parishad may, by regulations, provide for-
a) the preparation of plans and estimates for works to be executed by the Parishad;30. Records, reports etc. .- The Parishad shall-
b) the authority by whom and the conditions subject to which such plans and estimates shall be technically approved and administratively sanctioned;
c) the agency by which such plans and estimates shall be prepared and such works shall be executed.
a) maintain the records of its working in the manner determined by regulations;31. Secretary of the Parishad.- (1) The Deputy Commissioner of the Rangamati Hill District shall, by virtue of his office, be the secretary of the Parishad.
b) prepare and publish periodical reports and returns on such subjects as are mentioned in regulations;
c) adopt such other measures as may be necessary or may be specified by the Government from time to time, for the publication of information about the working of the Parishad.
32. Appointment of officers and employees of the Parishad.- (1)
The Parishad may, after prior approval of the Government, create offices
for various classes of officers and employees in order to perform its functions
(2) The Parishad may, in accordance with regulations, appoint employees to third-class and fourth-class offices, and it may transfer and temporarily remove, remove, dismiss or otherwise punish them:
Provided that in the case of such appointments the average numerical ratio of the tribal to the non-tribal inhabitants of the Parishad and between the different tribal inhabitants of the Parishad shall be maintained as far as possible.
(3) The government may, in accordance with rules, appoint officers to the other offices of the Parishad, and it may transfer and temporarily remove, remove, dismiss or otherwise punish any such officer.
33. Provident Fund, etc. .- (1) The Parishad may establish a
Provident Fund for its officers and employees and require them to contribute
to such Fund in such proportion as may be prescribed by rule.
(2) The Parishad may contribute to the Provident Fund.
(3) The Parishad may, with the previous sanction of the Government, grant a gratuity to the family of any officer or employee who dies of disease or injury contracted or suffered in the discharge of official duties.
(4) The Parishad may, in the prescribed manner, operate a scheme of social insurance for its officers and employees and require them to subscribe to it.
(5) The Parishad may, in the prescribed manner, establish a Benevolent Fund for its officers and employees and out of that Fund shall be paid any gratuity referred to in sub-section (3) and such other relief as may be prescribed.
(6) The Parishad may contribute to the Fund established under sub-section (5).
34. Service matters to be prescribed.- The Parishad may, by regulations,-
a) prescribe the conditions of service of the officers and employees appointed by the Parishad;35. Constitution of Parishad Fund.- (1) The Parishad shall have a Fund which shall be called Rangamati Hill District Local Government Parishad Fund.
b) prescribe the qualifications for appointments to those offices to which the Parishad may make appointments and the principles of appointments to be followed;
c) prescribe the method for the holding of enquiries in cases where disciplinary action is proposed to be taken against officers and employees appointed by the Parishad, and provide for penalties and appeals against orders imposing penalties;
d) provide for other matters necessary for the efficient discharge of their duties by the officers and employees of the Parishad.
a) the balance of the Zila Parishad Fund;36. Custody, investment etc. of the Parishad Fund.- (1) The moneys credited to the Parishad Fund shall be kept in a Government treasury, or in a bank transacting the business of a Government treasury, or in such other manner as may be specified by the Government.
b) the proceeds of all taxes, rates, tolls, fees and other charges levied by the Parishad;
c) all rents and profits payable or accruing the Parishad from the propery vested in and managed by the Parishad;
d) all sums contributed by the Government or other authorities;
e) all sums contributed by individuals or institutions;
f) all receipts accruing from the trusts placed under the management of the Parishad;
g) all profits accruing from investments;
h) such proceeds from such other sources of income as the Government may direct to be placed at the disposal of the Parishad.
37. Application of the Parishad Fund.- (1) The moneys of the Parishad Fund shall be applied in the following order of preference, namely:-
First: in the payment of salaries and allowances to the officers and employees of the Parishad;(2) The following expenditure shall be charged on the Parishad Fund, namely:-
Secondly: in meeting the expenditure charged on the Parishad Fund under this Act;
Thirdly: in the fulfilment of any obligation and the discharge of any duty imposed on the Parishad under this Act or under any other law for the time being in force;
Fourthly: in meeting the expenditure declared by the Parishad, with the previous sanction of the Government, to be an appropriate charge on the Parishad Fund;
Fifthly: in meeting the expenditure declared by the Government to be an appropriate charge on the Parishad Fund.
a) all sums to be payed to any Government servant who is in the service of the Parishad;(3) If any expenditure charged on the Parishad Fund is not paid, the Government may, by order, direct the person or persons having the custody of that fund to pay that amount, or so much thereof as may be possible, from that fund.
b) such sums as the Parishad may be required by the Government to contribute towards the maintenance of the Parishad Service, the auditing of accounts or any other matters;
c) any sum required to satisfy any judgement, decree or award against the Parishad by any court or tribunal;
d) any other expenditure declared by the Government to be so charged.
38. Budget.- (1) The Parishad shall, in the prescribed manner,
prepare and sanction, before the commencement of each financial year, a
statement of its estimated receipts and expenditure for that year, hereinafter
referred to as the budget, and forward a copy thereof to the Government.
(2) If the budget is not sanctioned by the Parishad before the commencement of any financial year, the Government shall have an income-expenditure statement for that year prepared and certified, and such certified statement shall be deemed to be the sanctioned budget of the Parishad.
(3) Within thirty days of the receipt of the copy of a budget under sub-section (1), the Government may, by order, modify it, and the budget so modified shall be deemed to be the sanctioned budget of the Parishad.
(4) At any time before the expiry of any financial year, a revised budget may, if necessary, be prepared and sanctioned, and such revised budget shall, so far as may be, be subject to the provisions of this section.
(5) Where the Parishad established in accordance with this Act assumes office for the first time, its budget for the financial year during which it assumes office shall relate to the remaining period of that financial year, and the provisions of this section shall, so far as may be, apply in the case of that budget.
39. Accounts.- (1) Accounts of the receipts and expenditure of
the Parishad shall be kept in the prescribed manner and form.
(2) An annual account of the receipts and expenditure shall be prepared after the close of every financial year and shall be forwarded to the Government by the thirty-first December of the following financial year.
(3) A copy of the annual account of the receipts and expenditure shall be placed at a conspicous place in the office of the Parishad for public inspection, and all objections and suggestions concerning that account received from the public shall be considered by the Parishad.
40. Audit.- (1) The receipt-expenditure account of the Parishad
shall be audited in such manner, and by such authority, as may be prescribed.
(2) The audit authority shall have access to all the books and other documents pertaining to accounts of the Parishad, and may, if necessary, examine the Chairman and any member, officer and employee of the Parishad.
(3) On the completion of audit, the audit authority shall submit to the Government an audit report which shall, among other things, mention the following subjects, namely:-
a) cases of embezzlement;41. Property of the Parishad.- (1) The Parishad may, by regulations,-
b) cases of loss, waste and misapplication of the Parishad Fund;
c) irregularities in the maintenance of accounts;
d) the names of the persons who, in the opinion of the audit authority, are directly or indirectly responsible for such embezzlement, loss, waste, misapplication or irregularities.
a) provide for the management, maintenance and development of the property belonging to or vesting in the Parishad;(2) The Parishad-
b) regulate the alienation of such property.
a) may manage, maintain, inspect and develop any property which is owned by or vests in it or which is placed under its charge;42. Development plans.- (1) The Parishad may, subject to being in consistence with its fund, prepare and implement development plans with respect to any matter within its competence.
b) may apply such property for the purpose of this Act;
c) may acquire or transfer by grant, sale, mortgage, lease, exchange or otherwise any property.
a) the manner in which the plans shall be financed, supervised and implemented;(3) The Parishad shall, before its implementation, a copy of its development plan to the Government.
b) the agency through which the plans shall be implemented;
c) such other matters relating to the plans which may be necessary.
43. Liabilities of the Chairman etc. to the Parishad.- The Chairman and every member, officer or employee of the Parishad or every person charged with the administration of the affairs of the Parishad, or acting on behalf of the Parishad, shall be liable for the loss, waste or misappropriation of any money or property belonging to the Parishad, which is a direct consequence of his negligence or misconduct, and the liability of such Chairman, member, officer, employee or person shall be determined by the Government in the prescribed manner, and the amount for which he is held liable shall be recoverable from him as a public demand.
44. Taxes to be levied by the Parishad.- The Parishad may, with the previous sanction of the Government, levy, in the prescribed manner, all or any of the taxes, rates, tolls or fees mentioned in the Second Schedule.
45. Notification of taxes, etc. .- (1) All taxes, rates, tolls
and fees levied by the Parishad shall be notified in the prescribed manner
and shall, unless otherwise directed by the Government, be subject to previous
(2) Where a proposal for a levy or modification of a tax, rate, toll or fee is sanctioned, such tax, rate, toll or fee or the modification thereof shall come into force on the date specified by the Government.
46. Liability on account of taxes.- The Parishad may, by notice, call upon any person to furnish such information, produce such records or accounts, or present such goods as are may be necessary to determine whether or not any tax, rate, toll or fee is to be levied on any person or any goods.
47. Collection of taxes.- (1) Unless otherwise provided in this
Act, all taxes, rates, tolls and fees of the Parishad shall be collected
by such person and in such manner as may be prescribed.
(2) All arrears of taxes, rates, tolls, fees and other moneys claimable by the Parishad shall be recoverable as public demands.
48. Petitions against tax valuation.- No assessment of a tax, rate, toll or fee under this Act, no valuation therefore, or the liability of a person to be so taxed, shall be called in question except by a petition presented to such authority, in such manner and within such period as may be prescribed.
49. Taxation regulations.- (1) All taxes, rates, tolls , fees
and other charges levied by the Parishad shall be imposed, assessed and
administered in such way as may be determined by regulations.
(2) Regulations relating to matters referred to in this section may, among other matters, provide for the obligations of the tax-payers and the duties and powers of the officials and other agencies responsible for the assessment and collection of taxes.
50. Supervision over the Parishad.- The Government shall exercise general supervision and control over the Parishad in order to ensure that its activities conform to the purpose of this Act.-
51. Control over the activities of the Parishad.- (1) If, in the opinion of the Government, anything done or intended to be done by or on behalf of the Parishad is not in conformity with law, or is in any way against public interest, the Government may, by order,-
a) quash the proceedings of the Parishad;(2) Where an order under sub-section (1) is made the Parishad may, within thirty days of the receipt of the order, represent against it to the Government.
b) suspend the execution of any resolution passed or order made by the Parishad;
c) prohibit the doing of anything proposed to be done;
d) require the Parishad to take such actions as may be specified in an order.
52. Inquiry into the affairs of the Parishad.- (1) The Government
may, either suo motu or on an application made to it by any person, authorize
any officer to make an inquiry into the affairs of the Parishad generally
or into any particular matter concerning the Parishad, and direct him to
take such remedial measures as may be warranted by the findings of such
(2) Such officer shall, for the purpose of the inquiry, have the powers of a civil court under the Code of Civil Procedure, 1908 (V of 1908), to take evidence and to compel the attendance of witnesses and the production of documents.
53. Supersession of the Parishad.- (1) If, after such inquiry as may be necessary, the Government is of the opinion that the Parishad-
a) is unable to discharge or persistently fails in discharging its duties;the Government may, by order notified in the official Gazette, declare the Parishad superseded, for such period, not exceeding the residue of the term of the Parishad, as may be specified:
b) is unable to administer its affairs or to meet its financial obligations;
c) generally acts in a manner contrary to public interest;
d) otherwise exceeds or abuses, or has exceeded or abused, its powers;
a) persons holding office of a Chairman or members of the Parishad shall cease to hold office;(3) On the expiry of the period of supersession the Parishad shall be reconstituted in accordance with this Act and the rules.
b) all functions of the Parishad shall, during the period of supersession, be performed by such person or authority as the Government may appoint in this behalf.
54. Joint committees.- The Parishad may join any other local authority in appointing a joint committee for any matter in which they are jointly interested and may delegate to such committee any power which may be exercised by it.
55. Dispute between the Parishad and other local authorities.- If any dispute arises between the Parishad and other local authorities, the matter disputed shall be referred for decision to the Government and the decision of the Government shall be final.
56. Offences.- Every act or omission specified in the third schedule shall be a punishable offence under this Act.
57. Punishment.- Any offence shall be punished with fine which may extend to five hundred Takas, and if the offence is a continuing one, with a further fine which may extend to twenty-five Takas for every day after the date of the first commission.
58. Cognizance of offences.- No court shall take cognizance of any offence under this Act except on a complaint in writing received from the Chairman or a person authorized by the Parishad.
59. Withdrawal of complaints The Chairman or any person authorized in this behalf by the Parishad may withdraw any complaint relating to an offence under this Act.
60. Encroachment.- (1) No person shall make any kind of encroachment
on, over or under a public way or a public place.
(2) The Parishad may, by notice, require the person responsible for any such encroachment to remove the same within such period as may be specified, and if the encroachment is not removed within such period, the parishad may take adequate measures to remove the encroachment, and if as a result of such measures the person responsible for the encroachment suffers any loss, he shall receive no compensation therefore.
(3) The costs for any measures required to remove an encroachment shall be deemed a tax to be levied on the person responsible for the encroachment under this Act.
61. Appeals.- Any person aggrieved by an order passed by the Parishad or its Chairman in pursuance of this Act or any rule or regulation may, within thirty days of the passing of the order, appeal to the Government against it, and the decision of the Government on the appeal shall be final.
62. Zila police.- (1) Notwithstanding anything contained in any
other Act for the time being in force, the assistant sub-inspector and
all the members lower in rank, of the Rangamati Hill District police shall
be appointed by the Parishad in the prescribed manner, and the Parishad
may transfer them and may take disciplinary measures against them in the
Provided that in the case of the said appointments the ratio between the tribal and non-tribal inhabitants of the District, and between the natives of the different tribes shall be maintained as far as possible.
(2) The service regulations, training, equipment, duties and responsibilities of the officers and members of the Disrict Police appointed by the Parishad shall correspond to the service regulations etc. of the other district policemen and the laws applicable to matters relating thereto in the case of the District Police shall also, subject to the provisions of sub-section (1), be applicable in their case.
(3) Subject to the provisions of all other Acts for the time being in force, the officers and members, of whatever rank, of the Rangamati Hill District Police shall be responsible to the Parishad for the accomplishment of their duties and responsabilities.
63. Duties of police.- It shall be the duty of all police officers to inform the Chairman of the Parishad about any crime which has been committed in the Rangamati Hill District and to assist the Chairman and the officers of the Parishad in the exercise of their lawful authority.
64. Interdiction to transfer land.- Notwithstanding anything
contained in any other Act for the time being in force, no land in the
area of the Rangamati Hill District shall, without the previous sanction
of the Parishad, be rented out, and no such land shall, without such previous
sanction, be transferred to any person not residing in the said district:
Provided that this provision shall not apply in case where the renting out or transfer of land is required in the public interest, or in the interest of protected and reserved forests, the Kaptai Electricity Project area, the Betabuniya Upland Settlement area, national industry areas or the Government, nor in the case of any land or forest that may be required in the national interest.
65. Special provision with regard to Land Development Tax.- Notwithstanding anything contained in any other Act for the time being in force, the Government may, by notification in the official Gazette, confer on the Parishad the responsability for collecting the Land Development Tax in the district, and give the tax collected in the district by such notification wholly or partly as a grant to the fund of the Parishad.
66. Provision with regard to the settlement of disputes about tribal
affairs.- (1) Disputes among the tribal inhabitants of the Rangamati
Hill District about any social, cultural or tribal matter shall be brought
for decision before the local Karbari or the headman who shall settle the
dispute in accordance with the manners and customs current among the tribemen
(2) Appeals against the decisions of the karbari or the headman shall be made to the Rangamati Cakma Chief.
(3) Appeals against the decisions of the Cakma Chief shall be made to the Commissioner of the Chittagong Department and the decision of the Commissioner shall be final: Provided that he shall, before deciding on an appeal, consult no less than three experienced tribesmen chosen by the tribe concerned from among its members.
(4) The Parishad may, for the settlement of disputes referred to in this section, determine by regulation-
a) the manner of making decisions,67. Order regarding the co-ordination of the activities of the Parishad and the Government.- The Government may, if necessary, provide by order for co-ordinating the activities of the Parishad and the Government authorities.
b) the fees to be paid by anybody who asks for a decision or makes an appeal.
68. Power to make rules.- (1) The Government may, by notification
in the official Gazette, make rules for the purpose of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
a) powers and duties of the Chairman and the members of the Parishad;69. Power to make regulations.- (1) The Parishad may, with the prior approval of the Government, make regulations, not inconsistent with the provisions of this Act or the rules, for carrying out the purposes of this Act.
b) maintenance of accounts and their audit;
c) manner in which the liabilities of officers and employees of the Parishad and other persons may be determined;
d) manner in which appeal shall lie against the orders of the Parishad;
e) manner in which the Parishad shall be inspected, and the powers of the inspecting officials;
f) any matter required to be prescribed or determined by rules under this Act.
a) conduct and business of the Parishad,(3) All regulations shall be published in such manner as in the opinion of the Parishad making them best adapted for informing the people.
b) prescription of the quorum of the meetings of the Parishad,
c) asking of questions in the meetings of the Parishad,
d) summoning of meetings of the Parishad,
e) recording minutes in the meetings of the Parishad,
f) execution of resolutions made in the meetings of the Parishad,
g) custody and use of the common seal,
h) delegation of powers of the Chairman to any officer of the Parishad,
i) organisation of the office of the Parishad into departments and branches and definition of the duties of such departments and branches,
j) any other matter of procedural nature,
k) appointment of officers and employees to such offices as are allocated by the Parishad, and maintenance of their discipline,
l) any matter relating to the levying and collecting of taxes, rates, tolls and fees,
m) prevention of encroachments on the grounds of the Parishad,
n) registration of the sale of cows and other animals,
o) registration, management and regulation of orphanages, widow-homes and other institutions for the relief of the poor,
p) regulation and management of common property,
qu) enforcement of vaccination,
r) prevention and control of infectious diseases,
s) prevention of adulteration of foodstuff,
t) prevention of nuisances to persons or society,
u) regulation of dangerous and offensive trade,
v) management and regulation of public ferries,
w) management and regulation of cattle pounds,
x) regulation of traffic,
y) organization and regulation of fairs, shows, tournaments and public gatherings,
z) enforcement of compulsory education,
aa) prevention of beggary, juvenile delinquency, prostitution and other social evils,
ab) specification of purposes for which licences shall be required and the terms and conditions subject to which licences may be issued,
ac) any other matter required under this Act to be prescribed or determined by regulation.
70. Delegation of powers.- The Government may, by notification in the official Gazette, delegate all or any of its powers under this Act to any person or authority.
71. Institutions of suits for or against the Parishad.- (1) If any suit is to be filed against the Parishad or against any of its members, officers or employees for any work related to the Parishad, the intending plaintiff shall, mentioning the reason for the suit and his name and address,-
a) in the case of the Parishad, deliver or leave a notice at the office of the Parishad;(2) No suit may be filed until the expiration of thirty days next after the said notice has been delivered or left, and the plaint shall contain a statement that such notice has been so delivered or left.
b) in any other case, personally deliver or leave a notice at the office or place of abode of the member, officer or employee concerned.
72. Notice and service thereof.- (1) Where anything is required
to be done or not to be done by any person under this Act or the rules
and regulations, a notice shall be served on the person concerned specifying
the time within which the requirement shall be complied with.
(2) No notice served under this Act shall be invalid for defect of form.
(3) Every notice to be served under this Act shall, unless otherwise provided, be served by handing over the notice to the person for whom it is intended or by sending it by mail to him or by affixing it to some conspicuous part of his place of abode or business.
(4) A notice intended for the public in general shall be deemed to have been sufficiently served if it is affixed in such place as may be determined by the Parishad.
73. Records to be public documents.- All records prepared and all registers maintained under this Act shall be deemed to be public documents within the meaning of the Evidence Act, 1872 (I of 1872), and shall be presumed to be genuine until the contrary is proved.
74. Chairman, members etc. of the Parishad to be public servants.- The Chairman and the other members of the Parishad and its officers and employees and any other person duly empowered to act on behalf of the Parishad, shall be deemed to be public servants within the meaning of section 21 of the Penal Code (Act XLV of 1860).
75. Protection of action taken in good faith.- No suit at a civil or criminal court nor any other legal proceeding shall lie against the Parishad or against any person authorized by it, for any damage caused or likely to be caused by anything done in good faith under this Act or the rules or regulations.
76. Repeals and savings.- (1) On the establishment of the Rangamati
Hill District Local Government Parishad in accordance with this Act, the
Local Government (Zila Parishad) Act, 1988 (Act No. 29 of 1988), hereinafter
referred to as the said Act, shall, in so far as applicable to the Rangamati
Hill District, stand repealed.
(2) Upon the repeal of the said Act,-
a) the Rangamati Hill District Parishad, hereinafter referred to as the said Zila Parishad, shall be abolished;77. Certain matters to be prescribed.- Where this Act makes any provision for anything to be done but no 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.
b) all rules, regulations and by-laws made or deemed to have been made, all orders given or deemed to have been given, all notifications published or deemed to have been published, all notices served or deemed to have been served, and all licences and permissions granted or deemed to to have been granted under the said Act shall, subject to being not inconsistent with the provisions of this Act, have effect until they repealed or amended, and they shall be deemed to have been made, given, published, served, or granted under this Act, and all the said by-laws shall be deemed to be regulations;
c) all properties, rights, powers and conveniences, and all movable and immovable properties, funds, cash money and money on bank accounts and investments of the said Zila Parishad, and all its rights and interests concerning the said properties, shall be handed over and entrusted to the Parishad;
d) all loans, debts and responsabilities of the said Zila Parishad, and all contracts effected by it, and all contracts to which it was a part shall be deemed to be loans, debts, responsabilities and contracts of the Parishad;
e) all budgets, schemes and plans made, or evaluations done, or taxes determined by the said Zila Parishad shall, subject to not being inconsistent with the provisions of this Act, have effect until they are repealed or amended, and shall be deemed to have been made, done or determined by the Parishad;
f) all taxes, rights, tolls, fees and other sums due to the said Zila Parishad shall be deemed due to the Parishad;
g) all taxes, rights, tolls, fees and other claims levied by the said Zila Parishad before the repeal of the said Act shall continue to be payable to the same amount until it is changed by the Parishad;
h) all officers and employees of the said Zila Parishad shall be transferred to the Parishad, and shall be its officers and employees, and they shall be appointed under the same conditions of service as under the said Zila Parishad, unless they are changed by the Parishad;
i) all suits filed by or against the said Zila Parishad shall be deemed to have been filed by or against the Parishad.
78. Removal of difficulties.- If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order, which appears to it to be necessary for the purpose of removing the difficulty.
79. Objections to provisions of Acts.- Where the Parishad is of the opinion that any Act adopted by the national parliament and which is applicable to the Rangamati Hill District causes any trouble in the said district, or is objectionable to the tribesmen, it may, after having expressed the reasons for which it is objectionable or causes troubles, submit an application in written form to the Government for either amending the Act or easing its application, and the Government may, if, after consideration, it believes the application to be reasonable, take all adequate counter-measures with view to the application.
THE FIRST SCHEDULE
Functions of the Parishad
(see section 22)
1. Maintenance and promotion of law and order in the Zila.
2. Co-ordination of the promotion works of the local authorities of the Zila; examination of the implementation of their promotion schemes and audit; helping, assisting and encouraging them.
a) provision and maintenance of primary schools;4. Public health-
b) provision and maintenance of common libraries;
c) provision of scholarships;
d) construction and maintenance of buildings to be used as hostels for students;
e) training of teachers of primary schools;
f) payment of grants to educational institutions;
g) provision of adult education;
h) provision of milk supply and meals for school chidren;
i) provision of school books to indigent students free of cost or at concessional rate;
j) provision and maintenance of depots for the sale of school books and articles of stationary.
a) provision and maintenance of hospitals, pharmacies, first aid centers and dispensaries;5. Promotion of public health and preparation and implementation of plans related thereto; proposition of teaching courses for matters related to public health.
b) organization of mobile medical units and encouragement for the formation of societies for the provision of medical help;
c) training of nurses;
d) prevention and control of malaria and infectious diseases;
e) programmes for family planning and their implementation;
f) establishment, maintenance and supervision of health centers;
g) inspection of compounders, nurses and other medical workers;
h) measures for the preservation of primary health;
a) promotion of agriculture and establishment and maintenance of agricultural farms;7. Cattle breeding-
b) promotion and maintenance of such forest wealth as is not preserved or maintained by the Government;
c) popularization of improved methods of agriculture, maintenance of improved agricultural implements and the lending of such implements to cultivators;
d) adoption of measures for bringing wasteland under cultivation;
e) preservation of forests in rural areas;
f) construction and repair of embankments unless they are in any way obstructive to the Kaptai hydro-electricity project and supply, storage and control of water for agricultural purposes;
g) promotion of agricultural training courses;
h) preservation and reclamation of soil and drainage of swamps;
i) maintenance of crop statistics, protection of crops, lending of seeds for sowing purposes, distribution of fertilizersand the popularization of their use;
j) plantation of trees at road sides and at public places and their preservation.
a) improvement of livestock;8. Promotion of fish wealth, establishment and maintenance of fish ponds, prevention and control of fish diseases.
b) establishment and maintenance of veterinary clinics;
c) maintenance of fodder reserves;
d) preservation of domestic animals;
e) provision and improvement of pasture land;
f) prevention and removal of diseases of animals and birds and the prevention and control of contagious diseases of birds and animals;
g) establishment of milk farms and provision and regulation of sanitary stables;
h) establishment and maintenance of domestic animal farms; animals;
i) establishment and maintenance of poultry farms;
j) adaption of measure for promoting the breeding of domestic animals and poultry;
k) establishment and maintenance of dairies.
a) establishment of light and cottage industries and encouragement to establish such industries;11. Social welfare-
b) preparation and implementation of regional traffic schemes;
c) provision, regulation and maintenance of markets and bazaars;
d) provision of facilities for the procurement of raw materials for village industries, and the marketing of products of village industries;
e) training of workers for village industries;
f) establishment and maintenance of village stores.
a) establishment and maintenance of welfare homes, asylums, orphanages, widow-homes and other institutions for the relief of the distressed;12. Culture-
b) burial and cremation of paupers found dead;
c) prevention of beggary, prostitution, gambling, comsumption of alcoholic liquor, juvenile delinquency and other social evils;
d) promotion of social, civic and patriotic virtues among the people;
e) organization of legal aid for the poor;
f) adoption of measures for the settlementof disputes by conciliation and arbitration;
g) provision of help for, and resettlement of distressed and uprooted families;
h) any other measures likely to promote social welfare and the society.
a) organization of, and encouragement to, general or tribal cultural activities;13. Construction, maintenance and improvement of such public roads, culverts and bridges as are not looked after by the Government or any local authority.
b) promotion of recreation and play for the public;
c) provision and maintenace of radio sets at public places;
d) establishment of museums and art galleries and organization of exhibitions;
e) establishment of public halls and community centers and provision of public meeting places;
f) furtherance of civic education and the dissemination of information on such matters as local government, rural development and rural re-construction, hygiene, community development, agriculture, education, cattle breeding and other matters of public interest;
g) celebration of National Day and performance of tribal festivals etc. ;
h) reception of distinguished visitors;
i) promotion of physical culture, the encouragement of games and sports and the provision of rallies, matches and tournaments;
j) preservation of the historical and indigenous characteristics of the local area;
k) any other measure likely to promote culture.
THE SECOND SCHEDULE
TAXES, RATES, TOLLS AND FEES WHICH MAY BE LEVIED BY THE PARISHAD
(see section 44)
1. Tax on the transfer of immovable property.
2. Tax on advertisements.
3. Tolls on roads, bridges and ferries maintained by the Parishad.
4. Rates for the execution of any works of public utility by the Parishad.
5. School fees in respect of schools established or managed by the Parishad.
6. Fees for the use of benefits derived from any work for public utility maintained by the Parishad.
7. Fees for special services rendered by the Parishad.
8. Any other tax the Parishad has bee empowered to levy by the Government.
THE THIRD SCHEDULE
OFFENCES UNDER THIS ACT
(see section 56)
1. Evasion of the payment of a tax, toll, rate or fee lawfully levied
by the Parishad.
2. Failure to furnish on requisition information in respect of any matter which the Parishad is authorized to call for under any of the provisions of this Act, or the rules or regulations, or furnishing wrong information.
3. Doing an act without licence or permission when the doing of such act requires a licence or permission under any of the provisions of this Act, or the rules or regulations.
4. Making an encroachment on any public road, public street or public place without the sanction of the Parishad.
5. Doing an act by which water for drinking is rendered foul or unfit for use.
6. Using water for drinking from any source which is suspected to be dangerous for public health, and the use whereof has been prohibited under this Act.
7. Watering, defecating or bathing cattle or animals at or near a source of drinking water for the public.
8. Steeping hemp, jute or any other plant in or near a pond or other excavation within such distance of the residential area as may be specified under this Act.
9. Dyeing or tanning skins within such distance of the residential area as may be specified under this Act.
10. Excavation of earth, stone or any other material within such distance of the residential area as may be specified by the Parishad.
11. Establishing a brick kiln, lime kiln, charcoal kiln or pottery within such distance of the residential area as may be specified by the Parishad.
12. Disposing of carcasses of animals within such distance of the residential area as may be specified by the Parishad.
13. Failure to remove any dirt, dung, manure or any other stenching matter from any land or building when so required under this Act.
14. Failure to close, remove, repair, clean, disinfect or put into proper order any latrine, urinal, drain, cesspool or other receptable for water, rubbish or refuse when so required under this Act.
15. Failure by the owner or occupier of any land to clear away or remove any thick vegetation or under-growth which has been declared to be injurious to health or offensive to the neighbourhood under this Act.
16. Failure by the owner or occupier of any land bordering any street to cut, remove or trim any weeds, underwood or hedges growing thereon which so overhang any street as to obstruct it, or which so overhang any well, tank or other other source from which water is derived for public use as to be likely to pollute the water thereof, or which have been declared under this Act to be injurious to health.
17. Cultivation of such crops, use of such manure or application of such manners of irrigation of the land as are declared under this Act to be injurious to public health or offensive to the neighbourhood.
18. Without the permission required under this Act, causing or knowingly or negligently allowing the contents of any sink, sewer or cesspool or any othe offensive matter to flow, drain or be put upon any street or public place, or into any irrigation channel, sewer or drain not set apart for the purpose.
19. Failure by the owner or occupier of any well, tank or any other source of water-supply to clean, repair, cover or drain off such well, tank or source as is declared under this Act to be injurious to health or offensive to the neighbourhood.
20. Failure by the owner or occupier of any building or land to put up and keep in good condition proper troughs or pipes for carrying water or sullage from the building or land when so required under this Act.
21. Failure by a medical practitioner who, during the course of such practise, becomes cognizant of the existance of any infectious disease to make report about such disease to the Parishad.
22. Failure by any person cognizant of the existence of any infectious disease in any building to communicate the information to the Parishad.
23. Failure of the owner or occupier of any infected building to disinfect that building.
24. Sale of articles of food or drink by a person suffering from any infectious disease.
25. Failure by the owner or driver of a vehicle to disinfect any infected vehicle.
26. Feeding or allowing to be fed any animal meant for dairy or food purposes on deleterious substances.
27. Slaughtering animals for the sale of meat at a place other than the place set apart for the purpose.
28. Selling, to the prejudice of any purchaser, any article of food or drink which is not of the nature, substance or quality demanded by such purchaser.
29. Begging importunately for alms, or exposing or exhibiting for such purpose deformed or dissolved parts of the body or filthy wounds.
30. Keeping a brothel or practising prostitution in such area as may be declared a prohibited area for the purpose.
31. Cutting down of any tree, or cutting off any branch of any tree, or erection or demolition of any building, where such action is declared under this Act to be a cause of danger or annoyance to the public.
32. Building a street without the sanction of the Parishad.
33. Fixing any notice, notice, placard orany other paper or means of advertisement against or upon any building or place other than the place fixed for the purpose.
34. Stacking or collecting of wood, grass, straw or other inflammable material in a manner which is declared under this Act to be dangerous.
35. Picketing, parking animals or collecting carts or vehicles on any street, or using any street as a halting place for vehicles or animals, or as a place of encampment without the permission required under this Act.
36. Permitting domestic animals to stray.
37. Driving or propelling any vehicle not properly supplied with lights during the period from half an hour after sunset to half an hour before sunrise.
38. Failure while driving, leading or propelling a vehicle, without reasonable excuse, to keep to the left or when passing a vehicle going in the same direction, to keep to thje right of that vehicle, or to follow other specified rules of the road.
39. Playing of music or radio, beating a drum or tomtom, blowing a horn or trumpet or beating or sounding any brass or other instrument in contravention of any prohibition issued under this Act.
40. Discharging firearms or letting of crackers, fireworks or engaging in any game or chase in such manner as causes or is likely to cause danger to persons passing by or living or working in the neighbourhood, or risk of injury of property.
41. Quarrying, blasting, cutting timber, or carrying on building operations in such manner as causes or is likely to cause danger to persons passing by or living or working in the neighbourhood.
42. Burying or burning a dead body at a place other than the recognized burial or burning ground without the permission required under this Act.
43. Letting loose or setting on ferocious dogs or other dangerous animals.
44. Failure to demolish or otherwise secure a building declared under this Act to be a dangerous building.
45. Using or allowing the use for human habitation of a building declared under this Act to be unfit for human habitation.
46. Failure to limewash or repair a building when required under this Act.
47. Contravention of this Act or of any rule, or of any order, direction or declaration or notice made or issued thereunder.
48. Attempts and abetments of the offences referred to in this Schedule.