Contents
Page No.
1. Introduction 1
2. Decentralization 1-3
3. Evolution of Upazila System in Bangladesh 3-4
4. Upazila as an Alternative to Thana System 4-5
5. Upazila System in Different Regims 5-8
6. Structure and Functions of Upazila Parishad under the Local Government Ordinance, 1982 8-10
7. Income of source under the Local Government Ordinance, 1982 10-11
8. Structure and Function under Upazila Parishad
Act, 1998. 11-12
9. Present structure and Functions 13-15
10. Standing Committees of Upazila Parsihad 15-16
11. First Upazila Election 17
12. The Previous Collapse of the Upazila Parishad 17-18
13. Regeneration of the system 18-19
14. Upazila Parishad Act, 2009. 19
15. Upazila Administration 19-23
16. Challenges of the Upazila Parishad 23-24
17. Conclusion 24
18. References 25-27
Introduction :
Decentralization:
Decentralization is a complex and often somewhat elusive phenomenon. Many countries around the world have been attempting for several reasons and with varying degrees of intention and success to create or strengthen sub-national government in recent years.
However, in general sense, decentralization is the process of transferring power from state government to its agency, private institution, regional and local government.1
Local government can also be understood from a consideration of decentralized management (for example, Manor, 1999; Crook and Manor, 1998; Turner, 1997, Cheema and Rondirelli, 1983; Uphoff and Esman, 1974; Montogomery, 1988; Cochrane, 1983; Conyers, 1981; Sharpe, 1981; Maddick, 1963; and UN, 1962) decentralization Provicles the following benifity.2
- ensures better results in development programmes and projects.
- increases people’s participation.
- ensures efficient delivery of services.
- helps mobilize local resources
- engenders lower-lend democracy
- enhances coordination
- promotes equity
- increases the flow of information from bottom up.
- enhances the responsiveness of the central government to citizens demands and interests.
- maintains political stability
- provides education and training in political leadership.
Upazila development administration involves five essential stages;
- Plan preparation
- Process of financing
- Implementation
- Coordination
- Evaluation and monitoring.
The Bangladesh approach to decentralization can be seen in the context of policy reform measures initiated by the military government of General Ershad during the eighties. On 24 March 1982 Lievtenant General Husscin Muhammad Ershad, the Chief of Army staff, proclaimed Martial law throughout the country.
On 28 April, 1982, the new Martial Law Government constituted a ten-member committee for administrative reorganization / reform with rear Admiral M.A. Khan, Deputy chief Martial law Administrator and minister-in-charge of communications as chairman. Based on the Committee’s recommendations, the government adopted a Resolution on 23 October, 1982 to reorganize the administration at the thana level.4
Upazila as an Alternative to Thana System:
The Committee for Administrative reorganization/ reform submitted its report in June 1982.
The government accepted the recommendation of the Committee. Then the government adopted a number of mechanisms to implement the recommendations contained in the Committee’s report and initiated a massive programme of devolution of Powers and decentralization of administration in the country.5
Based on the committees recommendations, the government adopted a resulation. In order to give effect to the government Resolution, the local Government ordinance, 1982, was promulgated on 23 December, 1982, introducing major changes with respect to local government at the Thana level. Under the decentralization programme of the government, the old thanas were initially redesignated as Upgraded Thanas, and in 1983, by an amendment of the local government ordinance, 1982 the Upgraded Thanas were renamed as Upazilas.
Emergence of Upazila
(at a glance)
Upazila System Under Khaleda Zia’s Five- year Rule (1991-1996):
The Upazila Parishad stood abolished with effect from November, 1991 after the promulgation of the Local Government (Upazila Parishad and Upazila Administration Reorganization) (Repeal) Ordinance, 1991.
Following dissolution of the Upazila Parishads, the government, by a notification in November, 1991 constituted a high powered “Local Government Structure Review Commission.” In June 1992, a cabinet division reservation was passed to replace the Upazila Parishad with Thana administration (GOB, 1992). Khaleda Zia’s decision to depoliticize the Upazila system was also due to the fact that her Party Bangladesh National its Party (BNP) had only a handful of chairmen in the Upazila of the country. Since BNP had not taken part in the first Upazila election in 1985. In the second Upazila election in 1990, BNP was placed at the 5th position getting only 24 Upazila (out of 460) under its control.
Upazila System Under Sheikh Hasina Period (1996-2000) :
The government headed by Sheikh Hasina, ba a notification in September 1996 constituted a high – powered “Local Government Commission.” The commission held 40 meetings on different aspects of local government and came up with a set of recommendation. Among the recommendations, the most important are on the establishment and strengthening of local government bodies at village, Union, Thana/ Upazila and Zila levels and the management of these democratic autonomous bodies.
The major recommendations of the commission were as follows.
* The Commission recommended a four tier system of local government in Bangladesh-
1. The Palli / Gram Parishad at the village level.
2. The Union Parishad at the Union level.
3. The Thana/ Upazila parishad at the Upazila level
4. The Zila Parishad at the district level.7
Upazila System Under Four-party Alliance (2001-2006)
In the election of October, 2001 four party alliances guided by BNP, gained the Power and put into operation the Gram Sarker after the Union Parishad election of March, 2003. But that Gram Sarker was not the same as had been recommended by Rahmat Ali commission. The Government, in 2003, activated new law, despite the Gram Parishad Act, 1997, in order to form the Gram Sarker. This initiative some what created political as well as legal debate. The High Court, On 2nd August in 2005 declared illegal and unconstitutional of that Gram Sarker. However, the Upazila Parishad system was not being implemented; also the Zilla Parishad election would not be held.
2007-2008 :
In June 2007, the interim government constituted a committee namely ‘Local Government Institution Accelerating and Strength thinning committee.’ The committee, headed by Dr. A.M.M Shawkhat Ali, submitted a four- part Bangla report in November 2007. The Committee recommended for a three tier local government system:
- Union Parishad
- Upazila Parishad
- Zilla Parishad
2009- Till to date:
After a much- awaited national democratic election on 29 December 2008, Sheikh Hasina became the prime Minister. The Upazila Parishad election was held on 22 January, 2009. The Union Parishad election followed by the Zilla Parishad election has become pertinent and inevitable. The Upazila Parishad Ordinance, 2008 has fundamentally been changed in the 27th No. Act of 2009.8
Structure of the Upazila Parishad under the Local Government (Upazila Parishad And Upazila Administration Reorganisation) Ordinance 1982:
The Composition of the Upazila Parishad was as follow-
- Chairman (Elected)
- Representative members (all chairman of Union Parishad and Paurashave with Upazila)
- Three women members (Nominated by the Govt.)
- One member (Nominated by the Govt.)
- Chairman, Upazial central cooperative Association.
- Official members (as designated by the Govt. from among the officials at Upazila).
The Section 24 of the Local Govt. (Upazila Parishad and Upazila Administrative Reorganisation) Ordinance, 1982 Provides the functions of the Upazila Parishad which are mentioned below:
- All development activities at the Upazila level; formulation of Upazila level development plans and programmes and implementation, monitoring and evaluation thereof.
- Preparation of Upazila Development plans on the basis of Union Development plans.
- Giving assistance and encouragement to Union Parishads in their activities.
- Promotion of health, family planning welfare.
- Provision for management of environment.
- Training of Chairmen, Members and Secretaries of Union Parishads.
- Implementation of Government Policies and programmes within the Upazila.
- Supervision, Control and co-ordination of functions of officers serving in the Upazila except Munsiffs, Trying Magistrates and officers engaged in regulatory functions.
- Promotion of socio-cultural activities.
- Promotion and encouragement of employment generating activities.
- Promotion and extension of Co-operative movement in the Upazila.
- Assistance to Zila Parishad in development activities.
- Planning and execution of all rural public works programme.
- Promotion of agricultural activities for maximising production.
- Promotion of educational and vocational activities.
- Promotion of livestock, fisheries and forest.10
According to the section 42 of the local Government Ordinance, 1982, the sources of income are-
- Lease money on Jalamahals situated entirely within Upazila boundaries.
- Tax on profession, trades and callings.
- Tax on dramatic and theatrical shows and other entertainment and amusement.
- Street lighting tax.
- Fees for fairs, agricultural and industrial shows and exhibitions and tournaments.
- Fees for liences and permits granted by the Parishad.
- Toll on services and facilities maintained by the parishad.
- Lease money from specified hats, bazars, farries to be determined by the government.11
According to the section 6 of the Upazila Parishad Act, 1998, an Upazila Parishad consists of-
- A Chairman (elected)
- May or (including the Acting may or), if applicable, of each Municipality under the Upazila.
- Women members.12
According to the UPazila Parishad Act 1998, the main functions of the Upazila Parishad are as follows:
- Prepare Upazila five year plan and other development plans.
- Supervise and coordinate the various government department activities which were handed over to the UZP.
- Construct and maintain inter- Union connecting roads.
- Follow government directives to ensure effective use of surface water.
- Provide public health, nutrition related and family planning services.
- Ensure efficient sanitation, sewerage works and pure drinking water supply.
- Motivate people with regard to extension of education and provide assistance for the same.
- Supervise and monitor secondary and Madrasha education.
- Take steps for the establishment and development of cottage and small industries.
- Encourage the activities of cooperative societies and NGOs and coordinate the same.
- Undertake Programmes for the development of agriculture, livestock, fisheries and forest resources.
- Review the law and order situation and activities of the police at the local level and submit reports to the concerned authorities.
- Promote self- employment activities, provide assistance for property, alleviation Programmes and coordinate existing activities.
- Provide necessary help to the UP and coordinate its activities.
- Create public awareness and take preventive steps against terrorism, theft, robbery, smuggling etc.
- Manage the environment and take up social forestry and other development activities of a similar nature.
- Perform any other work specified by the government.13
Upazila Parishad shall be constituted with the following persons.
- Chairman
- Vice-Chairmen : One male and one female.
- Chairman (including the Acting Chairman) of all Union Parishads Under the Upazila.
- Mayor (including the Acting Mayor), if applicable, of each Municipality under the Upazila.
- Reserved seated women members.14
The functions have been noted based on the section 23 of the Upazila Parishad Act, 1998 as the section 2 of the Upazila Parishad (Reintroduction of the Repealed Act and Amendment) Act, 2009 Prescribes to adopt the Upazilla Parishad Act, 1998 and the section 23 of the Act (1998) is yet to be modified. The present functions are:
- Preparing five years plan and that for other tenures as well.
- Getting thing of government departments under the Parishad done, and coordination as well as supervision of works of those departments.
- Inter Union road construction, repairing and maintenance.
- Adoption of small irrigation projects and implementation of those to maximize the proper utilization of up-lair water resources.
- Ensuring public health, nutrition, and family planning.
- Development and establishment of sanitation including well drainage and sewerage system, and drinking water supply system as well.
- Motivating and facilitating in the process of broadening education net within the Upazila.
- In order to improve the quality of secondary including Madrasa education, supervision and facilitation in the activities of those institutions.
- Facilitation in steps to wards cottage and small industries.
- Promotion, development and coordination of cooperative as well as voluntary movement.
- Promotion and implementation of women, children, social welfare, youth, sports and cultural activities.
- Provision for development, maintenance and regulation of agriculture, lines tock, fisheries and ecological resources.
- Developing and upholding law and order situation, and appraisal of the performance of police department and thus forwarding comprehensive report to senior designated authority.
- Promotion and safeguarding self employment and poverty reduction activities, and support to government in implementation of such type of government schemes.
- Coordination, facilitation and assessment of development activities of Union Parishads.
- Promotion and development of Public awareness campaign and other proactive measures to prevent crime against children and women.
- Promotion and development of Public awareness cam pain and other proactive measures to prevent social crimes such as terrorism, smuggling and other illegal activities.
- Promotion and initiation for social a forestation including other activities to develop environmental conservation.
- Other activities as and when prescribed by the Government.15
An Upazila Parishad for its convenience may constitute a sensible number of committees either by its any member and / or other persons. The Parishad shall constitute single standing committee on each of the following affairs:
- Law and Order.
- Communication and infrastructure development.
- Agriculture and irrigation.
- Education.
- Health and family Planning.
- Youth and sports development.
- Women and children development.
- Social welfare.
- Land.
11. Rural development and co-operatives.
12. Information and culture.
13. Forest and environment.
14. Market Price observation, monitoring and control.
The relevant official of the Upazila will be the member secretary of a Standing Committee. A standing Committee for it expediency may co-opt a person who may poses special expertise on the concerned area, but such member shall not have any right to vote at meetings of the committee.16
First Upazila Election; 1985 :
Political Parties and
Upazila Chairmanship
Name of Party | No of Upazila won | % |
Janadal | 207 | 45.00 |
Awamileague | 53 | 11.52 |
BNP | 34 | 7.39 |
JSD (Shanjahan Rob) | 19 | 4.13 |
Muslim Leaghe | 8 | 1.74 |
Baksal | 4 | 0.87 |
UPD | 3 | 0.65 |
NAP (Muzaffar) | 6 | 1.30 |
JSD (Mirzafhahjahan) | 2 | 0.43 |
Independence | 124 | 26.96 |
Total | 460 | 100.00 |
The Upazila was previously known as Thana which had been introduced at local level in this sub-continuation 1973, as part of the British colonial administration. After the liberation; initially the system of Thana council of Basic Democracies order 1959 was forsaken, and then it was renamed Thana Unnoyan Committee. In 1975, the chief Marshal law administration renovated the Thana Parishad.
The following Military Government in 1982, restructured and empowered the Thana Administration. Thus in 1983, 460 improved Thanas were declared as Upazilas. The 1st election to the Upazila Parishads was held in 1985 and the 2nd one in 1990.
Surprisingly in 1991, democratically elected BNP government put an end to the system. Hence, there were a number of myths and realities behind the collapse of the system.19
Regeneration of the System:
Awami league, the oldest democratic political party in Bangladesh came in power in 1996 and re-introduced the Upazila system in 1998 by promulgating the Upazila Parishad Act, 1998. As the subsequent period (2001-2006) was governed by BNP led alliance, Upazila elections turned out to be a long pending issue.
The military backed interim government, however, in mid 2008,by using the president’s discretionary authority revoked the Upazila Parishad Act, 1998 and issued a new ordinance on Upazilla giving absolute decision making and implementation power to the Upazila Parishad for effective local governance.
After national election on 29 December, 2008, Awami league again came in power. The Upazila elections were held on 22 January, 2009.20
Upazila Parishad Act, 2009:
The newly elected Parliament has got back to the Upazila Parishad Act, 1998 with some advancement and amendment. The new Act has been documented as the Upazila Parishad (Reintroduction of the Repealed Act and Amendment) Act, 2009. This Act passed on April 8, 2009.
This Act allows MPs to get involved in Local government’s decision making process without any interface. 21 On the other hand, the Act authorizes the Upazila Parishad to completely lead the civil bureaucracy at the local government.22
Upazila Administration:
Every Upazila, in terms of the article 152 (1) of the constitution of the people’s Republic of Bangladesh, shall be an administrative unit of the Republic for the Purpose of the Article 59 of the same. However, the local Government (Thana Parishad and Thana Administration Reorganization) Ordinance, 1982 was the basis of Upazila administration in Bangladesh, by which Thana administration was being up graded with a new charter of duties. In 1983, Upgraded Thanas were well thought out as Upazilas, but in 1991, the Upazila system was abolished. Moreover, after the Upazila Parishad election on 22 January 2009 followed by the Upazila Parishad (Reintroduction of the Repealed Act and Amendment) Act, 2009, the Upazila administration has been emerged as central to the field as well as development administration, the total number of Upazila in Bangladesh was 482.
The head of the administration of the Upazila is the Upazila Chairman who is directly elected by the adult people of the community, and the chief bureaucratic officer of the Upazila is known as UNO (Upazila Nirbhai Officer) who is the senior Assistant Secretary of civil bureaucracy of the Government.
The UNO is the head of Upazila bureaucracy and the secretary of the elected Upazila Parishad.
Notwithstanding at Upazila level there are three types of government departments as well as officials, and services as well:
- Government departments and officials deputed under the Upazila Parishad.
iii) And the departments or services solely under the stewardship of central government or other autonomous authorities.23
Administration and Logistics in Upazila Parishad:
The Government may with consent of the Parishad transform any institution or service maintained by the Parishad to the government management and control, and reciprocally can convent any institution or service, within the premises of Upazila/ Thana, maintained by the Government including officials, staffs and pertinent including officials, staffs and pertinent affairs related to that institution or service as well to the Parishad management and control.
Also, the Annual performance Report of transferred officials shall be noted down by the Parishad while Annual Confidential Report of the officials will be written by the senior authority of the concerned official.
10. Upazila women and child Affairs officer and his / her office.
11. Upazila youth Development officer and his / her office. 12. Upazila Project Implementation officer and his / her office, Disaster Management. |
Likely to be trans ferred to the Parishad |
|
Retained Departments with the Parishad |
|
The Upazila Parishad (Reintroduction of the Repealed Act and Amendment) Act, 2009 is extremely contradicted with the Local Government (Upazila Parishad) Act, 2008 in terms of the Power exercise of the legislator to the Upazila Parishad affairs. Even the new Act has entrusted more Power to the MP as adviser to Upazila Parishad under his / her constituency than they had under the Upazila Parishad Act, 1998. Now it is binding for the Upazila Parishads to accept the respective Legislative member’s suggestions in planning and decision making, while the 1998 Act had made law makers just honorary advisers to the parishads.25
Challenges of the Upazila Parishad:
The main challenges of the Upazila Parishad are-
- The UZP Chairmen are apposite to get concerned with the degree of political decentralization and autonomous legitimacy.
- The overreaching authority of the MPs to the local government affairs.
- Civic violence.
- Lack of accountability.
- Fraud and failure to respond to the needs of the local residents.
- The excessive control of the central Government over the local revenue raising and expenditure decision making.
- To generate confidence and skill among the Upazila Kadership, in managing the multidimensional affairs of the Parishad.26
Many of the countries in the globe, especially developing countries of Africa, Latin America and Asia, are presently undertaking new Programmes of public sector decentralization for several reasons with varying degree of intention and success, but one thing is common, that is the improving local governance and development. Like other developing countries Bangladesh follows the way of decentralization. The establishment of local government is a milestone for democratic decentralization in Bangladesh. Bangladesh has the three – tier rural local government. Among the three- tier, the Upazila Parishad has been regenerated with aiming a visionary democratic decesstralization to be functional in Bangladesh. Basically local government institutions in Bangladesh are passing through a transition. The Upazila system brings in some improvement both qualitative and quantitative over the traditional process of rural development and as such it bids gain to prospects in certain aspects.
References:
- Mohammad Rafiqul Islam Talukdar, Rural Local Government in Bangladesh, Osder Publications, Dhaka, September, 2009. P-22.
- Manor, J (1999): the Political Economy of Decentralisation, the world Bank, washing ton DC.
- Turner, M (1997) : Central – local relations in Asia and the Pacific Convergence or Divergence, AUS Aid and Macmillan Press, London.
- Cheema, GS and Rondinelli, DA (editors) (1983) : Decentralization and Development policy Implementation in Developing Countries, Sage Publications, Beverly Itills.
- Uphoff, NT and Esman, M (1974) Local organisations for Rural Development in Asia, Cornell University Press, Ithaca.
- Montgomery, JD (1988): Bureaucrats and people : Grassroots Participation in Third world development, The John Hopkins University Press, Balatimore.
- Cochrane, G (1983) : Politics for Strengthening Local Government in Developing Countries, World Bank staff working Paper Number 582, World Bank, Washington DC.
- Conyers, D (1981) : Decentralisation for Regional Development : A comparative study of tanzania, Zambia and Papua New Guinea, Public Administration and Development, Volume 1, Number 2.
- Sharpe, LJ (1981): Theories of Local Government, in L.D. Feldman (ed.), Politics and Government of Urban Canada, Methuen, London.
- UN (1962) : Decentralisation for National and Local Government, Technical Assistance Programme, New York.
- Lau Siu-Kai, “Local Administrative Reform in Hong Kong; Promises and Limitations,” Asian Survey (XXII, 9, 1982, P. 872).
- Kamal Siddiqui, Local Government in Bangladesh, Dhaka, November 2005, P-69.
- Mohammad Faizullah, Development of Local Government in Bangladesh, PP. 102-103.
- Kamal Siddiqui, Local Government in Bangladesh, Dhaka November 2005, PP- 71-72.
- Kamal Siddiqui, Ibid, PP- 103-104.
- Mohammad Rafiqul Islam Talukdar, Rural Local Government in Bangladesh, Osder Publications, Dhaka, September 2009, PP- 42-43.
- Government of Bangladesh- The Local Government (Upazila Parishad and Upazila Administration) Ordinance, 1982, Dhaka, 1982.
- Ibid, Section- 24.
- Ibid, Section- 42.
- The Upazila Parishad Act, 1998, Section 6.
- Kamal Siddique Local Government in Bangladesh, Dhaka, November 2005, PP.- 166-167.
- Mohammad Rafiqul Islam Talukdar, Rural Local Government in Bangladsh, Osder Publications, Dhaka, September 2009, P- 49.
- Mohammad Rafiqul Islam Talukdar, Ibid, PP- 50-51.
- Mohammad Rafiqul Islam Talukdar, Ibid, PP- 54-55.
- The Ittefaq, 13 June, 1985.
- Ordinance No XC of 1976.
- Mohammad Rafiqul Islam Talukdar, Ibid, PP- 97-98.
- Ibid, P- 99.
- Section 19 of the 27th No. Act of 2009.
- Section 23 of the 27th No. Act of 2009.
- Mohammad Rafiqul Islam Talukdar, Ibid, P-58.
- Ibid, PP- 59-61.
- Ibid, P-100.
- Ibid, PP- 102-103.