Presented by Presented by Dr. AMM Shawkat

Ali

Article Article 59 (2)59 (2) stipulates that functions of local government stipulates that functions of local government

may be prescribed by an Act of Parliament. However, it may be prescribed by an Act of Parliament. However, it

also specifically states three areas for inclusion in the Act. also specifically states three areas for inclusion in the Act.

These are:These are:

administration and the work of public officers;administration and the work of public officers;

the maintenance of public order; andthe maintenance of public order; and

the preparation and implementation of plans relating to the preparation and implementation of plans relating to

public services and economic development.public services and economic development.

•••

In article In article 6060, the need for a law on local , the need for a law on local

government is again emphasized. It is also government is again emphasized. It is also

specially mentioned that a law is necessary to give specially mentioned that a law is necessary to give

full effect to the powers mentioned in article full effect to the powers mentioned in article 5959. .

Concurrently, the powers to impose taxes for local Concurrently, the powers to impose taxes for local

purposes and to prepare budget and to maintain purposes and to prepare budget and to maintain

funds are included in article funds are included in article 6060..

The above mentioned articles of the Constitution thus The above mentioned articles of the Constitution thus

give broad and specific indications of conferment of give broad and specific indications of conferment of

powers on local government. It is left to the Parliament powers on local government. It is left to the Parliament

to prescribe such functions in an Act because law-to prescribe such functions in an Act because law-

making lies within the domain of the Parliament. In this making lies within the domain of the Parliament. In this

regard, in article regard, in article 59 (2), 59 (2), the word the word ‘may’ ‘may’ is used. In article is used. In article

60,60, the word used is the word used is ‘shall’.‘shall’.

In fact, in most preceding laws, the two functions such as In fact, in most preceding laws, the two functions such as

maintenance of public order and preparation and maintenance of public order and preparation and

implementation of plans for public services and economic implementation of plans for public services and economic

development used to be included. Again, the other two development used to be included. Again, the other two

powers in article powers in article 60,60, those of imposing taxes for local those of imposing taxes for local

purposes, preparation of budget and maintenance of purposes, preparation of budget and maintenance of

funds were also there in the preceding laws.funds were also there in the preceding laws.

The first function that of administration and work of The first function that of administration and work of

public officers mentioned in article public officers mentioned in article 59 (2)59 (2) is, however, a is, however, a

new addition. It was probably based on the ground that new addition. It was probably based on the ground that

the elected representatives of local bodies must have the the elected representatives of local bodies must have the

right to supervise the functions of administration and the right to supervise the functions of administration and the

work of public officers otherwise the substantive concept work of public officers otherwise the substantive concept

of democratic governance cannot be achieved in of democratic governance cannot be achieved in

practice.practice.

This raises the question to what extent has this This raises the question to what extent has this

constitutional provision been fulfilled. It may be said that constitutional provision been fulfilled. It may be said that

except for the Upazila Parishad, this has remained except for the Upazila Parishad, this has remained

largely unfulfilled. Even in the Upazila Parishad, it has largely unfulfilled. Even in the Upazila Parishad, it has

led to conflict because of the dual nature of led to conflict because of the dual nature of

administration.administration.

This has happened for two reasons. First, up to the This has happened for two reasons. First, up to the

Union level, in some cases even below the Union the Union level, in some cases even below the Union the

public officers are all central government officers who public officers are all central government officers who

work under the direct supervision of departmental work under the direct supervision of departmental

offices at District and Upazila levels.offices at District and Upazila levels.

This dual nature of administration was partially resolved This dual nature of administration was partially resolved

in case of Upazila in two ways. First, by retention of in case of Upazila in two ways. First, by retention of

specific areas of responsibility for the central specific areas of responsibility for the central

government meaning that the remaining areas lie within government meaning that the remaining areas lie within

the sphere of local bodies.the sphere of local bodies.

Second, by deputing to the Upazila level centrally Second, by deputing to the Upazila level centrally

appointed officers including authority for the Upazila appointed officers including authority for the Upazila

Chairman to write their annual performance reports. Chairman to write their annual performance reports.

These reports are supposed to be considered for future These reports are supposed to be considered for future

promotion of such officers. To what extent this is promotion of such officers. To what extent this is

actually in practice is a matter of further investigation?actually in practice is a matter of further investigation?

In case of other local bodies such as Zila and Union In case of other local bodies such as Zila and Union

Parishads, such an arrangement is still to be put in place. Parishads, such an arrangement is still to be put in place.

For Zila Parishad, it may be said that it still remains an For Zila Parishad, it may be said that it still remains an

unelected body. Hence the question of deputation does unelected body. Hence the question of deputation does

not arise. Even for elected urban bodies like Paurashavas not arise. Even for elected urban bodies like Paurashavas

and City Corporations, such deputation systems do not and City Corporations, such deputation systems do not

exist.exist.

The second function of maintenance of public order also The second function of maintenance of public order also

needs some discussion. It respect of Union Parishad, it needs some discussion. It respect of Union Parishad, it

was initially developed as a village watch and ward system was initially developed as a village watch and ward system

under the Chaukidari Act. Now it is called Village police. under the Chaukidari Act. Now it is called Village police.

There is an Act on this. Thus the system first introduced in There is an Act on this. Thus the system first introduced in

1871,1871, still exists today. For other local bodies at Upazila still exists today. For other local bodies at Upazila

and District levels including urban local bodies, although and District levels including urban local bodies, although

maintenance of public order is mentioned, it does not exist.maintenance of public order is mentioned, it does not exist.

The village police come under dual control. First, they The village police come under dual control. First, they

have to report to the officer in charge of Thana or Police have to report to the officer in charge of Thana or Police

Stations. The practice of reporting is known as Chaukidari Stations. The practice of reporting is known as Chaukidari

parade. The member are appointed by the DC through a parade. The member are appointed by the DC through a

Committee. Their pay and allowances are paid by the Committee. Their pay and allowances are paid by the

government because Union Parishads do not enough government because Union Parishads do not enough

resources of their own. Second, the members of the resources of their own. Second, the members of the

village police also report to the Chairman of Union village police also report to the Chairman of Union

Parishad. Parishad.

The practice is to have it done through Law and Order The practice is to have it done through Law and Order

Committees consisting of relevant public officers Committees consisting of relevant public officers

including non-official members. For the District, it is led including non-official members. For the District, it is led

by the DC. At Upazila also there is a similar Committee led by the DC. At Upazila also there is a similar Committee led

by the UNO. Thus under the prevailing practice, it is still by the UNO. Thus under the prevailing practice, it is still

retained by the government. retained by the government.

Thank You