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Changing Pattern of Local Government: Phases of Development Bangladesh Period (1971 - till date) Presented by Dr. AMM Shawkat Ali
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For sometime after 1971, with the emergence of Bangladesh, there was a big vacuum in the local government system. The BD system, as stated earlier, was not acceptable to the then ruling party: Awami League. This led to an interim response from the government which decided to dissolve all local councils. The legal instrument through which this was effected is called The President’s Order (PO) 7 of 1972. The other reason was that most of the elected officials of local councils were not available in the locality. Overall, the government made it clear that the prevailing local council chairmen and members did not represent the people, besides there was a persistent demand from the people for dissolution of local councils.
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The government decided to go for this course of action till such time as new local government system were established under the law made by the legislature of Bangladesh. PO 7 was issued on 27 January 1972. It provided for appointment of a committee at all tiers. On 28 February, 1972, PO 7 was amended by PO 17. The amending provision bears a reference to the Thana Development Committee to be appointed by the DC.
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The early years of Bangladesh are characterised by lack of consistent and appropriate political direction. This is evidenced from a quick succession of changes in the decisions for the composition of local councils. The Ministry of Local Government appointed the DC and the CO as administrators of Zila Board and Thana Development Committee respectively. For Union Councils, village level officials were similarly appointed. A conflicting arrangement was made subsequently by a government circular providing for selection of Committees with political elements by the MCAs. The MCAs were to select, in consultation with other political leaders, Chairmen and members of Union Phanchayats. For Thana Development Committee, they were to select one of them as Chairman. In Zila Board, the MCAs were to select one of them as a member from each subdivision. The government was to select, in consultation with the MCAs and other political leaders, a non-official member from each Thana and appoint a Chairman. The Collector and other departmental officers were to be official members. The composition of local councils thus laid down was revoked by another circular in April, 1972. This circular provided for official administrators.
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In 1975, the government issued the District Administration Council Act. It led to a radical restructuring of local government and administration following the appointment of District Governor and formation of District Administrative Council. All subdivisions were abolished and these were converted into districts. This was done in early 1975. Before the new system could be made functional, martial law was imposed and the relevant law was repealed.
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In 1976, a new local government law was promulgated by the military government. The law revived the age-old three tier system: Union Parishad, Thana Parishad and Zila Parishad. The Zila Parishad was to be composed of elected, official and women members. Provision was also made for a chairman and a Vice Chairman. However, since no election was held, the parishad remained an unelected body. The Deputy Commissioner was appointed administrator.
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In 1985, consequent upon the recommendations of a workshop organised by the National Institute of Local Government (NILG), the then President directed the National Committee for Administrative Reforms to work out the future fate of Zila Parishad. This led to a separate law on Zila Parishad in 1988. Prior to this law, there were 22 Zila Parishads. Ultimately, the number because 64 following the implementation of the recommendations of the Report of the Committee on Administrative Reorganization and Reform that preceded it.
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The preceding development brought about a radical change in the structure and functions of the earlier Thana Councils through the introduction of Upazila system. In all there were 460 Upazilas. The number now is believed to be 481. The new system envisaged an elected Chairman with wide administrative powers. A significant feature of the system was that the Chairman was vested with the authority of superintendence and control of all Upazila level officers except the police and the judicial officers. Judiciary was decentralised and in each Upazila an assistant judge was appointed.
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Another significant development during the post 1982 period was the division of subjects between the Upazila and the central government. The regulatory and major development functions retained by the government are: Illustrative list of regulatory and major development functions retained by the Government. 1 Civil and Criminal judiciary. 2 Administration and Management of central revenue like Income Tax, Customs and Excise, Land Revenue, Land Tax, etc. Tax, Customs and Excise, Land Revenue, Land Tax, etc. 3 Maintenance of Law and Order. 4 Registration. 5 Maintenance of essential supplies including food. 6 Generation and distribution of electric power.
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7Irrigation schemes involving more than one District. 8Technical education and education above Primary level viz. agricultural, engineering, medical etc. education, High School, College and University education. 9Modernised District Hospitals and Hospitals attached to the Medical Colleges. 10Research organizations like Council of Scientific and Industrial Research (C.S.I.R) laboratories. 11Large scale seed multiplication and dairy farms. 12Large scale industries. 13Inter district and Inter-thana means of communication viz., posts, telegraph, telephones, railways, mechanically propelled road and inland water transport, highways, Civil aviation, ports and shipping. 14Flood control and development of water resources. 15Marine fishing. 16Mining and mineral development. 17Compilation of national statistics.
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Despite stiff opposition to the Upazila system, it continued to operate until 1991. In 1991, the country opted for parliamentary democracy. Elections were held. The ruling party decided to abolish the Upazila concept and practice. Instead, it re-established Thana Development Committee with the Upazila Nirbahi Office (UNO) as Chairman. In 2007, the non-party Caretaker Government constituted a committee for reform of local government system. Following the recommendation of the committee, Upazila system was revived consistent with the constitutional provisions on local administration; the committee also recommended establishment of Upazila Parishad with elected persons. Elections to the Upazila were held in 2008. In respect of urban local bodies, almost all divisional cities now have city corporations. Rest are municipalities numbering 310. Municipalities are of three categories: Class I, II and III. This division is based mainly on the taxation base. There are plans to convert bigger municipalities into City Corporations. Thus Comilla and Narayanganj Municipalities became corporations very recently. Some more are in the offing. Recent development in respect of Dhaka City Corporation is its bifurcation into two corporations called South and North.
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A big gap now exists in respect of Zila Parishad. It still remains an unelected body although a law was enacted in 2000. It is called Local Government (Zila Parishad) Law. Under this law, the Parishad will consist of one chairman, 15 members and five reserved seats for women. All members will be elected indirectly. The Electoral College for the purpose will consist of Mayors, ward commissioners, Chairmen of Union Parishads. The law provides for appointment of administrators until a duly elected parishad is in place. In a recent move, the government have appointed administrators in all Zila Parishads.
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Thank you
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