In support of an effective local government system
Tuesday, 27 April 2010
Mustafizur Rahman
The present triangular bickering about local government power - not the duties - is but a fighting to disregard the people and the spirit of the Constitution. Should the objective be the people's welfare, effective decentralization, functional democracy, national interest and people's right and sovereignty guaranteed by Article 7 of the constitution? We must go deep into this issue, revamp and structure our administrative and service delivery systems. According to rules made for the purpose, the policies and decisions will be made by the respective Parishads, while their execution will be the responsibility of the respective nonparty-based Chairmen and Vice Chairmen. UNOs and other subordinate employees will provide staff service.
The articles 9, 11, 59(1, 2), and Article 60 of our constitution already provide for establishment of local self-government under the principle of local autonomy:
Article 9. The State shall encourage local Government institutions composed of representatives of the areas concerned and in such institutions special representation shall be given, as far as possible, to peasants, workers and women.
Article 11. The Republic shall be a democracy in which fundamental human rights and freedoms and respect for the dignity and worth of the human person shall be guaranteed, and in which effective participation by the people through their elected representatives in administration at all levels shall be ensured.
Article 59(1). Local government in every administrative of the Republic shall be entrusted to bodies, composed of persons elected in accordance with law.
(2) Everybody such as is referred to in clause (1) shall, subject to this Constitution and any other law, perform within the appropriate administrative unit such functions as shall be prescribed by Act of Parliament, which may include functions relating to -
(a) administration and the work of public officers;
(b) the maintenance of public order;
(c) the preparation and implementation of plans relating to public services and economic development.
Article 60. For the purpose of giving full effect to the provisions of Article 59, Parliament shall, by law, confer powers on the local government bodies referred to in that article, including power to impose taxes for local purposes, to prepare their budgets and to maintain funds.
The present government has more than two-third majority in the parliament. It is a great opportunity for the great MPs to rise to people's expectation for an environment that will allow them to fully display their creativity as free citizens of a free country. We are afraid if it is too much of an expectation from the decision makers obsessed with legacy of anti-people regimes for too long a time, but people do deserve a leadership to build up desirable system of local self-government based on some rational legal framework which can be suggested as in the following as follows;-
1. Local administration shall be executed by elected representatives of the people, who are not members of any political party.
2. Persons qualified to be elected to Local Government bodies are those who are -
a. qualified for election as a member of Parliament, and
b. not members of any political party or of any organization associated with or affiliated to any political party;
c. not holding any office of profit,
d. not members of Parliament,
e. not older than 75 years.
3: There shall be Union Parishad, Upazila Parishad; Zila Parishad; Municipal Corporation; Municipality; and Ward in a Municipality or Municipal Corporation, which shall be the units of administrations with their chief executive officers designated as Chairman of the respective unit unless otherwise provided for by law, elected by people by direct popular vote, according to the provisions of law. Other officials and members shall be appointed or elected as per provisions of law.
These local public entities shall establish assemblies as their deliberative organs in accordance with law.
4: Local public entities mentioned here shall have the right to manage their property, funds, affairs and administration and to enact their own regulation and impose tax within law.
5: A special law, applicable only to one public entity, cannot be enacted by Jatiya Sangshad without the consent of the majority of the voters of the local public entity concerned, obtained in accordance with law.
6: The Union Parishad, Upazila Parishad, Zila Parishad, Municipality, Municipal Corporation and Ward offices shall also execute some affairs of state as state agency under the supervision, financial allocation and direction of some competent minister, according to provisions of law.
7: The Chairman of a Zilla Parishad shall have power of supervision and direction over the Chairmen of Upazila Parishads and Municipalities in his District and similarly an Upazila Parishad Chairman shall have such power over the Union Parishads.
The Chairman of a Municipal Corporation shall have power of supervision and direction over the chiefs of Wards( to be formed with own elected councilors) within his Corporation.
8 (1) If a competent Minister finds that any Chairman of a Zilla Parishad or a Municipal Corporation or any other equivalent public entities, has violated a law or ministerial order or has been otherwise remiss in the management or execution of the state affairs within his power, he may warn such a Chairman in writing to take corrective measures in such manner and by such time as he may specify.
(2) If a Chairman so warned fails to take corrective measures by the specified time, a competent minister may file a suit with the High Court for a writ of mandamus.
(3) A competent Minister shall, as soon as he files such a suit notify the Chairman to that effect. A High Court shall be informed of the date, place and method of such notification.
(4) A High Court, with which such suit was filed, shall summon both parties on the date of its inquiry, which shall be held within fifteen days of the date when such suit was accepted.
(5) A High Court, if the suit of a competent Minister be found sustainable, shall issue a writ of mandamus to the person, ordering him to take corrective measures by the specified time.
(6) If the Chairman fails to comply with such writ by the time specified therein, a competent Minister may for confirmation of the fact file a suit with the same High Court, which shall then summon both parties within ten days for further inquiry.
(7) When a confirmatory decision is given in accordance with the preceding paragraph, a competent Minister may take such corrective measures himself on behalf of the defaulting Chairman.
(8) The President may dismiss such a chairman when a confirmatory decision is given by High Court under the provisions of the preceding paragraphs.
(9) Even if a confirmatory decision be given under Paragraph 6, a Chairman may file a suit with the same high Court to suspend the dismissal power of the President under the preceding paragraph, upon proof that he has complied with the writ .issued under paragraph 5.
(10) The decision under paragraph 5 or 6 shall be appealable in accordance with rules of the Supreme Court.
(11) An appeal under the preceding paragraph shall have no suspensive force.
(12) If a Chairman of Zila Parishad or Municipal Corporation finds that any Chairman of a Upazila Parishad or a Union Parishad, or a Chief (Chairman) of a Ward within his jurisdiction, in the capacity of an agency of State has violated any law or Ministerial order or has been otherwise remiss in the management or execution of the State affairs within his power, he may warn, file a suit with District Court, act for such chairman or dismiss him in pursuance of the preceding eleven paragraphs.
(13) Any Chairman dismissed under Paragraph 8 or the preceding shall be disqualified for any office of State or any public office of a local public body for two years from the date of dismissal.
(14) Any suit contesting the dismissal under paragraph 8 or 12 shall be filed within thirty days from the date of notification of such dismissal.
(15) If the dismissal of a Chairman be reversed by the court referred to in the preceding paragraph, he shall restore his qualification forfeited under Paragraph 13, on the day when the decision has become final.
(16) Necessary matters pertaining to a suit, inquiry or procedures under paragraphs 2, 4 through 6, 9 and 12 above shall be fixed by the Supreme Court.
(17) The provisions of the preceding sixteen paragraphs shall not be applicable, where corresponding procedures are provided for in the constitution or other laws.
9: Any elected Chairman or other public officials of any public entities mentioned herein may be dismissed by the votes of the three-fourth majority of voters of his constituency. The procedures, power and any other matters not provided for elsewhere regarding removal, dismissal or disqualification of any elected member of any local self-government shall be regulated by law.
10: The elected members of respective public entity can remove their chairman or any other member for grave misconduct or for violation of law by a resolution supported by three fourths or more of their total members and submitted to the chairman of the public entity superior to it or to the competent Minister.
The superior entity or the Minister as the case may be, may request such member to resign or may suspend him pending a decision by court as per the procedures determined by law. If the person so removed does not file a suit to restore his office within thirty days, there shall be an election for the vacancy, in following thirty days, however the person vacating the seat may be qualified for election again unless his violation of law or misconduct is confirmed by a court.
11: Unless otherwise disqualified earlier, any person elected to any office in any public entity of local self-Government shall hold his office for five years from the date of taking office and may be qualified for re-election
12. Functions of Local Self Government: The duties of the local bodies like Zila, Upazila, Union Parishad, city wards, and municipalities are supposed to include :-
(1) Registration of all citizens and voters within their jurisdiction with photographs, fingerprints, retinal image and or other necessary information that does not impinge upon their constitutionally guaranteed privacy. (No information may be recorded without the knowledge of the person concerned),
(2) registration of birth, death, marriage and divorce,
(3) Public health insurance, healthcare and basic health check service,
(4) generation of productive employment,
(5) provision of social security, such as unemployment allowance, old age allowance, national pension scheme, child care allowance, re-education and training for the unemployed, soft loan to small-businesses entrepreneurs, national pension, etc.,
(6) local infrastructure building, setting up of schools, public halls, community centers, libraries, sports facilities, parks and recreational facilities,
(7) administration of compulsory education,
(8) provision of agricultural extension service,
(9) maintenance of public safety, risk management and disaster counter measure,
10) collection of taxes (including automobile tax),
11) waste disposal,
(12) regulation and supervision of small businesses,
(13) protection of environment,
(14) local police administration [If the local self-government can be institutionalized, KOBAN (police box) system (a Japanese police system adapted from French system) which is now widely adopted by most of the south East Asian countries may be effectively introduced],
(15) inheritance recording,
(16) issuance of citizenship, birth-, residence-, marriage- and divorce-certificates,
(17) enactment of local laws, and
(18) various other service under their own responsibility and also as agents of the central government.
The personal information about any citizen shall not be divulged to any third party without the authority of law. If the local government performs all their functions neutrally and properly, the citizens will enjoy improved social life in peace.
The views expressed here by the writer, Dr. Mustafizur Rahman who is Chairman, the Institute of Development Strategy, are of the author's own and not necessarily of the organization he represents. He can be reached at
e-mail: idsrahman@msn.com
The present triangular bickering about local government power - not the duties - is but a fighting to disregard the people and the spirit of the Constitution. Should the objective be the people's welfare, effective decentralization, functional democracy, national interest and people's right and sovereignty guaranteed by Article 7 of the constitution? We must go deep into this issue, revamp and structure our administrative and service delivery systems. According to rules made for the purpose, the policies and decisions will be made by the respective Parishads, while their execution will be the responsibility of the respective nonparty-based Chairmen and Vice Chairmen. UNOs and other subordinate employees will provide staff service.
The articles 9, 11, 59(1, 2), and Article 60 of our constitution already provide for establishment of local self-government under the principle of local autonomy:
Article 9. The State shall encourage local Government institutions composed of representatives of the areas concerned and in such institutions special representation shall be given, as far as possible, to peasants, workers and women.
Article 11. The Republic shall be a democracy in which fundamental human rights and freedoms and respect for the dignity and worth of the human person shall be guaranteed, and in which effective participation by the people through their elected representatives in administration at all levels shall be ensured.
Article 59(1). Local government in every administrative of the Republic shall be entrusted to bodies, composed of persons elected in accordance with law.
(2) Everybody such as is referred to in clause (1) shall, subject to this Constitution and any other law, perform within the appropriate administrative unit such functions as shall be prescribed by Act of Parliament, which may include functions relating to -
(a) administration and the work of public officers;
(b) the maintenance of public order;
(c) the preparation and implementation of plans relating to public services and economic development.
Article 60. For the purpose of giving full effect to the provisions of Article 59, Parliament shall, by law, confer powers on the local government bodies referred to in that article, including power to impose taxes for local purposes, to prepare their budgets and to maintain funds.
The present government has more than two-third majority in the parliament. It is a great opportunity for the great MPs to rise to people's expectation for an environment that will allow them to fully display their creativity as free citizens of a free country. We are afraid if it is too much of an expectation from the decision makers obsessed with legacy of anti-people regimes for too long a time, but people do deserve a leadership to build up desirable system of local self-government based on some rational legal framework which can be suggested as in the following as follows;-
1. Local administration shall be executed by elected representatives of the people, who are not members of any political party.
2. Persons qualified to be elected to Local Government bodies are those who are -
a. qualified for election as a member of Parliament, and
b. not members of any political party or of any organization associated with or affiliated to any political party;
c. not holding any office of profit,
d. not members of Parliament,
e. not older than 75 years.
3: There shall be Union Parishad, Upazila Parishad; Zila Parishad; Municipal Corporation; Municipality; and Ward in a Municipality or Municipal Corporation, which shall be the units of administrations with their chief executive officers designated as Chairman of the respective unit unless otherwise provided for by law, elected by people by direct popular vote, according to the provisions of law. Other officials and members shall be appointed or elected as per provisions of law.
These local public entities shall establish assemblies as their deliberative organs in accordance with law.
4: Local public entities mentioned here shall have the right to manage their property, funds, affairs and administration and to enact their own regulation and impose tax within law.
5: A special law, applicable only to one public entity, cannot be enacted by Jatiya Sangshad without the consent of the majority of the voters of the local public entity concerned, obtained in accordance with law.
6: The Union Parishad, Upazila Parishad, Zila Parishad, Municipality, Municipal Corporation and Ward offices shall also execute some affairs of state as state agency under the supervision, financial allocation and direction of some competent minister, according to provisions of law.
7: The Chairman of a Zilla Parishad shall have power of supervision and direction over the Chairmen of Upazila Parishads and Municipalities in his District and similarly an Upazila Parishad Chairman shall have such power over the Union Parishads.
The Chairman of a Municipal Corporation shall have power of supervision and direction over the chiefs of Wards( to be formed with own elected councilors) within his Corporation.
8 (1) If a competent Minister finds that any Chairman of a Zilla Parishad or a Municipal Corporation or any other equivalent public entities, has violated a law or ministerial order or has been otherwise remiss in the management or execution of the state affairs within his power, he may warn such a Chairman in writing to take corrective measures in such manner and by such time as he may specify.
(2) If a Chairman so warned fails to take corrective measures by the specified time, a competent minister may file a suit with the High Court for a writ of mandamus.
(3) A competent Minister shall, as soon as he files such a suit notify the Chairman to that effect. A High Court shall be informed of the date, place and method of such notification.
(4) A High Court, with which such suit was filed, shall summon both parties on the date of its inquiry, which shall be held within fifteen days of the date when such suit was accepted.
(5) A High Court, if the suit of a competent Minister be found sustainable, shall issue a writ of mandamus to the person, ordering him to take corrective measures by the specified time.
(6) If the Chairman fails to comply with such writ by the time specified therein, a competent Minister may for confirmation of the fact file a suit with the same High Court, which shall then summon both parties within ten days for further inquiry.
(7) When a confirmatory decision is given in accordance with the preceding paragraph, a competent Minister may take such corrective measures himself on behalf of the defaulting Chairman.
(8) The President may dismiss such a chairman when a confirmatory decision is given by High Court under the provisions of the preceding paragraphs.
(9) Even if a confirmatory decision be given under Paragraph 6, a Chairman may file a suit with the same high Court to suspend the dismissal power of the President under the preceding paragraph, upon proof that he has complied with the writ .issued under paragraph 5.
(10) The decision under paragraph 5 or 6 shall be appealable in accordance with rules of the Supreme Court.
(11) An appeal under the preceding paragraph shall have no suspensive force.
(12) If a Chairman of Zila Parishad or Municipal Corporation finds that any Chairman of a Upazila Parishad or a Union Parishad, or a Chief (Chairman) of a Ward within his jurisdiction, in the capacity of an agency of State has violated any law or Ministerial order or has been otherwise remiss in the management or execution of the State affairs within his power, he may warn, file a suit with District Court, act for such chairman or dismiss him in pursuance of the preceding eleven paragraphs.
(13) Any Chairman dismissed under Paragraph 8 or the preceding shall be disqualified for any office of State or any public office of a local public body for two years from the date of dismissal.
(14) Any suit contesting the dismissal under paragraph 8 or 12 shall be filed within thirty days from the date of notification of such dismissal.
(15) If the dismissal of a Chairman be reversed by the court referred to in the preceding paragraph, he shall restore his qualification forfeited under Paragraph 13, on the day when the decision has become final.
(16) Necessary matters pertaining to a suit, inquiry or procedures under paragraphs 2, 4 through 6, 9 and 12 above shall be fixed by the Supreme Court.
(17) The provisions of the preceding sixteen paragraphs shall not be applicable, where corresponding procedures are provided for in the constitution or other laws.
9: Any elected Chairman or other public officials of any public entities mentioned herein may be dismissed by the votes of the three-fourth majority of voters of his constituency. The procedures, power and any other matters not provided for elsewhere regarding removal, dismissal or disqualification of any elected member of any local self-government shall be regulated by law.
10: The elected members of respective public entity can remove their chairman or any other member for grave misconduct or for violation of law by a resolution supported by three fourths or more of their total members and submitted to the chairman of the public entity superior to it or to the competent Minister.
The superior entity or the Minister as the case may be, may request such member to resign or may suspend him pending a decision by court as per the procedures determined by law. If the person so removed does not file a suit to restore his office within thirty days, there shall be an election for the vacancy, in following thirty days, however the person vacating the seat may be qualified for election again unless his violation of law or misconduct is confirmed by a court.
11: Unless otherwise disqualified earlier, any person elected to any office in any public entity of local self-Government shall hold his office for five years from the date of taking office and may be qualified for re-election
12. Functions of Local Self Government: The duties of the local bodies like Zila, Upazila, Union Parishad, city wards, and municipalities are supposed to include :-
(1) Registration of all citizens and voters within their jurisdiction with photographs, fingerprints, retinal image and or other necessary information that does not impinge upon their constitutionally guaranteed privacy. (No information may be recorded without the knowledge of the person concerned),
(2) registration of birth, death, marriage and divorce,
(3) Public health insurance, healthcare and basic health check service,
(4) generation of productive employment,
(5) provision of social security, such as unemployment allowance, old age allowance, national pension scheme, child care allowance, re-education and training for the unemployed, soft loan to small-businesses entrepreneurs, national pension, etc.,
(6) local infrastructure building, setting up of schools, public halls, community centers, libraries, sports facilities, parks and recreational facilities,
(7) administration of compulsory education,
(8) provision of agricultural extension service,
(9) maintenance of public safety, risk management and disaster counter measure,
10) collection of taxes (including automobile tax),
11) waste disposal,
(12) regulation and supervision of small businesses,
(13) protection of environment,
(14) local police administration [If the local self-government can be institutionalized, KOBAN (police box) system (a Japanese police system adapted from French system) which is now widely adopted by most of the south East Asian countries may be effectively introduced],
(15) inheritance recording,
(16) issuance of citizenship, birth-, residence-, marriage- and divorce-certificates,
(17) enactment of local laws, and
(18) various other service under their own responsibility and also as agents of the central government.
The personal information about any citizen shall not be divulged to any third party without the authority of law. If the local government performs all their functions neutrally and properly, the citizens will enjoy improved social life in peace.
The views expressed here by the writer, Dr. Mustafizur Rahman who is Chairman, the Institute of Development Strategy, are of the author's own and not necessarily of the organization he represents. He can be reached at
e-mail: idsrahman@msn.com