LOCAL GOVERNMENT IN BANGLADESH: AN OVERVIEW

 Purpose: To give an overview of the local government system in Bangladesh.

 Definition:      "...it is meant for management of local affairs by locally elected persons. If Government's officers or their henchmen are brought to run the local bodies, there is no sense in retaining them as Local Government Bodies." (Kudrat-E-Elahi Panir Vs. Bangladesh 44DLR(AD)(1992).

 Historical Background: Major Milestone

    Pre-colonial period

·        Panchayat system. Self-governing village communities characterized by agrarian economies had existed in India from the earliest times. Not only are they mentioned in Rig Veda, which dates from approximately 1200 BC, there is also definite evidence available of the existence of village "sabahas" (councils or assemblies) and "gramins" (senior peson of the village) until about 600 BC. These village bodies, which were called "the little republics" by Sir Charles Metcalfe (Governor General 1835-36), were the lines of contact with higher authorities on matter affecting the villages. They were caste-ridden feudal structures.

    Colonial Period

•  The Bengal Village Chowkidai Act of 1870 established panhayats with individuals nominated by district collectors with the sole purpose of levying and collecting chowkidari tax for the maintenance of village watchmen. Four year terms.  

•  The Bengal Municipal Act, 1884 for urban local government of Bengal, Orissa and Assam.

• The Bengal Self-Government Act, 1885 provided for three-tier structure for rural Bengal - the district board, the local board (for sub-division) and the union committee. Members of the union committee and local board were elected by a restricted electorate and the district board members were indirectly elected. The district board was made the principal unit of local self-government and the collector was the chair, exercising the real authority. Local board was abolished in 1936. Number of union committees were very limited. Elected chairman on an experimental basis introduced in 1916. Five year terms.

• The Bengal Village Self-Government Act, 1919 provided for the creation of elected union boards with restricted electorates. Women were allowed to vote in 1950. The union board was given three types of functions: normal municipal functions such as sanitation, consevancy, water supply, maintenance of roads and drains; regulatory functions such as control over the construction of buildings; and development functions such as promotion of cottage industries, and establishment of primary schools or libraries. The board also exercised control over local police.

Pakistan Period

• The Basic Democracies Order , 1959 covered both urban and rural local government. It provided for four tiers: Union Council, Thana Council, District Council and Divisional Council. Breakthrough. Abused for political purpose. Comilla Model - Thana Administration

 Bangladesh Period

·        Bangladesh President's Order No. 7 of 1972 changed the name of union parishad to union panchayat. Presient's Order No. 22 of 1973 renamed it as union Parishad.

·        Paurashava Act, 1973. Amendment in 1977.

·        The Local Government Ordinance, 1976 created Gram Sabha, lated named Gram Sarkar.

·        The Local Government (Thana Parishad and Thana Administration Reorganization) Ordinance, 1982 introduced Upazila system with elected chairman.

·        The Local Government (Union Parishad) Ordinance, 1983 (First Amendment 1993; Second Amendment 1997 - UPs sub-divided into 9 wards)

·        The Local Government (Upazila Parishad and Upazila Administration Reorganization (Repeal) Ordinance, 1991

·        Creation of the Thana Development Coordination Committee, 1992 with MPs as advisors.

·        The Gram Parishad Act, 1997. High Court embargo

·        The Upazila Parishad Act, 1998, not yet implemented.

Need for Strong Local Government

            Local/Grassroots Democracy

·        Deepen Democracy Through Effective Participation of the People

·        Give Voice to the Voiceless: Peasnats, Workers and Women

Service Delivery

·        More Effective Delivery of Public Services

·        Better Utilization of Resources

 Transformational Change Agent

·        People-centered Development Approach Possible

·        Solve Problems Locally (social capital) Using Leadership and Creativity of the People

·        Local Leadership

·        Local Institutions

·        Mobilization of Local Resources

·        Greater Transparency and Accountability

Constitutional Basis:

             Fundamental Principles

·        Effective Participation of the People

·        Participation of Peasants, Workers and Women

 Mandatory Provisions

·          Local Government at each Administrative Unit

·          Autonomous Local Government Bodies

·          Proposed Certain Specific Functions

·          Mandated Giving Powers Including Financial Powers

 Present Structure:

                                                          Local Government in Bangladesh  

Major Issues:

·        Undue Bureaucratic Control

·        Blatant Interference of Members of Parliament (MPs)

·        Exclusionary Participation of Women

·        Financial Disempowerment Compromising the Viability of Local Bodies

·        Lack of Mobilization of Local Resources

·        Lack of Financial Devolution: Spends Tk. 1 crore. Allocation of about Tk. 250 crores from ADP for Upazilas

·        Concentration of Powers and Authorities

·        Proposals to Further Empower MPs: Tk. 1 crore per year; fully furnished office at Upazila with staff

·        Possible Functions

·        Possible Tiers

·        Proposed Gram Sarkar: MP Sarkar

·        Use for Patronage

·        Non-compliance with the Court Order

·        Too Many Laws and Circulars which are Meaningless and Contradictory

·        Lack of Skills and Competence

·        Widespread Corruption

 Possible Reform Areas:

 ·        A Comprehensive Law replacing 130 laws and over 100 sub-laws and rules.

·        A Constitutional Amendment to Settle the Outstanding Issues: Fiscal Devolution, Tiers etc.

·        Confine the Role MPs to exercising Legislative authority and  Oversight Rples

·        Massive Training Program

·        Direct Transfer of Untied Resources

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