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Bangladesh University of Business and Technology

ASSIGNMENT

Course Code: LAW616

Course Title: Constitution Law of Bangladesh
Assignment on: Constitution and Case Laws on the Local
Government

Submitted By: Submitted To:

Id: 21222105007 Name: Dr. Md. Milan Hossain

21222105018 Associate Professor
21222105020
21222105022 Department of Law & Justice
Bangladesh University of
Intake: 46 Business and Technology
Section: 01

Submission of date: 21-06-2023

 Table of contents
Topics Page number
Introduction 01
Definition of Local Government 01-02
Position of Local Government in the 02-03
Bangladesh
Functions of rural local government 03-04
Functions of urban local government 04-05
Local government finance 05
Personal system in the local government 06
Problems of local government 06-08
Recommendations 08-10
Conclusion 10-11
 1

Introduction:
In the modern world people do not want the power to be vested in one hand. They want to
participate effectively, enjoy certain rights, and demand their wishes be fulfilled
easily. So, they elect representatives for central government who are supposed to represent
their desires1. But due to some reasons, it is hardly possible for central government to provide
all facilities to grassroot people efficiently. To overcome the situation, the theory of
decentralization has already attracted most of the policy makers in the world. Literally,
decentralization refers to transfer of powers and functions from central institution to local
one. So, an elected body in a specific region which performs its duties on behalf of central
government in accordance with state laws can be defined as local government. Most of the
country’s constitutions also reflect provisions concerning the necessity of having a second
tier of government i.e., local government which can truly ensure a close relation between
central government and local citizens. Establishing local government through participation of
local people is a step of forwarding equal development and upholding fundamental rights of
citizens. This concept enables local people to think themselves as the important part of
government. The Constitution of Bangladesh has also the mandate of establishing local
government, but application of such provision accordingly is till to date a far dream to the
reality.

Definition of Local Government:

which is established through locally elected representatives to facilitate welfare activities
delegated lawfully. Being a bridge, it connects local people with central government
providing services and grants. “It is meant for management of local affairs by locally elected
persons. If Government’s officers or their hence Local government, in simple words, can be
defined as an integral part of central government hymen are brought to run the local
government bodies, there is no sense in relating them as local government bodies” (Kudrat E
Elahi Panir vs Bangladesh,1992). It emphasizes effective participation of local people which
can firstly be possible by the arrangement 1of election in constituting local government.
Furthermore, Duane Lockard defines local government as a public organization authorized to
decide and administer a limited range of public policies within a relatively small territory that
is a sub-division of a regional or national government. So, some vested powers of central

1
1 Local Government in Bangladesh: Constitutional Provisions and Reality, Sheikh Ashraful Rahman & Gazi
Saiful Hasan
government are applied by local government in a region only for the benefit of grassroot
people.2

Position of Local Government in the Constitution of Bangladesh:

The original Constitution of Bangladesh, which was adopted on 4 November 1972 and given
into effect on 16 December 1972, gave the legal basis of the local government institutions in
Bangladesh. There are few provisions relating to local government. Articles 59 and 60 of the
Constitution provide:
Article 59:3
(1) Local Government in every administrative unit 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 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 60:4
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.
Apart from the above two articles, article 11 provides:
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 effectiveparticipation by the people through their elected representatives in
administration at all levels shall be ensured.

2
Sheikh Ashraful Rahman, Gazi Saiful Hasan ‘Definition of Local Government’ metrouni.com.bd, 2019,
p.136http://metrouni.edu.bd/wp-content/uploads/2019/04/Local-Government-in-Bangladesh-Constitutional-
Provisions-and-Reality.pdf (accessed on 19.06.2023)
3
Article-59, Constitution of Bangladesh,1972
4
Article-60, Constitution of Bangladesh,1972
 Article 59(2) of the Constitution of Bangladesh provides, everybody such as is referred to in
clause 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-
 Administration and the work of public officers.
 The maintenance of public order.
 The preparation and implementation of plans relating to public services and economic
development.
The laws relating to local government institutions entrust the local government
institutions with many functions and responsibilities regarding civic and community welfare
as well as local development.

Functions of rural local government:

section 30(2) of the Local Government (Union Parishads) Ordinance, 1983 states that the
union parishad shall perform the following functions:
➢Maintenance of law and order and assistance to administration in the maintenance of
law and order.
➢Adoption of measures for preventing crime, disorder and smuggling.
➢Adoption and implementation of development schemes in the field of agriculture,
forest, fisheries, livestock, education, health, cottage industries, communication, irrigation
and flood protection with a view to increasing economic and social upliftment of the people.
➢Promotion of family planning.
➢Implementation of such development schemes as may be assigned to Union Parishads by the
Upazila Parishad or Thana Parishad, as the case may be.
➢Development of local resources and their use.
➢Protection and maintenance of public property, such as, roads, bridges, canals,
embankments, telephones and electricity lines.

➢Review of development activities of all agencies at the union level and to make
recommendations to' the Union Parishad or Thana Parishad, as the case may be,
in (Placeholder2) regard to the activities of their agencies.

➢Motivation and persuasion of the people to install sanitary latrines.

➢Registration of births, deaths, blinds, beggars and destitute.
➢Conducting of census of all kinds.5
The Upazila parishad like Union parishads are entrusted with similar functions. They are
also entrusted with the responsibility of making integrated five-year development plans for
Upazila based on the plans submitted by the union parishad.6 Manyfunctions are conferred on
the Zilla parishad. The significant compulsory functions of Zilla parishad, in accordance with
the Local Government (Zila Parishad) Act, 1988, are as follows:
➢Scrutiny of development efforts within the district.
➢Establishment and maintenance of public libraries.
➢Plantation and conservation of roadside trees.
➢Promotion and maintenance of gardens, playgrounds and open fields for public use.
➢Management and development of ferry ghats not maintained by the government or the
pourashava.
➢Construction, maintenance and development of roads, culverts and bridges not owned by the
pourashava.
➢Construction and maintenance of dak bungalows and rest houses.
➢Execution of development programmers entrusted by the government.

Functions of urban local government:

In general, the functions of the pourashavas and city corporations are identical in nature.
The compulsory functions of these local government bodies are as follows:
➢Construction and maintenance of roads, bridges and culverts.
➢Removal, collection and disposal of refuse, wastes and culverts.
➢Provision and maintenance of street lighting.
➢Maintenance of public streets and provision for watering them.
➢Provision and regulation of water supply.

➢Construction and maintenance of shopping centers.

➢Plantation of tress on roadsides.
➢Regulation of insanitary buildings.
5
Rafia Khatun et. al., "Functions of Local Government in Bangladesh," in Kamal Siddiqui, supra note 1 at 128-9..
6
Section 36, Second Schedule, Upazila Parishad Ordinane, 2008.
➢Prevention of infectious diseases and epidemics.
➢Registration of births, deaths and marriages.
➢Provision and maintenance of slaughterhouses.
➢Provision and maintenance of drainage.
➢Control over erection and re-erection of buildings.
➢Provision and maintenance of graveyards and cremation grounds.
➢Control over traffic and public vehicles.7
In Bangladesh, there are now eleven city corporations and three hundred and twenty-
seven Pauroshavas.8

Local government finance:

In general, the sources of income of local government bodies in Bangladesh are:
➢Taxes
➢Rates
➢Fees and charges levied by local bodies.
➢Rents and profits accruing from the properties of the local body.
➢Sums received in the performance of its functions.
➢Contributions from individuals, institutions.
➢Government grants
➢Profits from investments
➢Receipt accruing from the trusts placed with local body.
➢Loans raised- by the local body

➢Proceeds from such sources of income as the government may direct to be placed at
the disposal of a local body.9

Personnel system in the local government:

The chairman acts as the chief executive in the union parishad. The secretary assists him. The
Upazilas nirbhahi officer (UNO) and the chief executive officer (CEO). I.e., the
7
Rafia Khatun et al., id. at 145-46.
8
http://en.m.wikipedia.org
9
Kamal Siddiqui, supra note 1 at 166.
 deputy commissioner (DC) respectively presidesover the upazila parishad and the zilla
parishad. The deputycommissioner through his upazila nirbhahi officers indirectly controls
activities at the upazila level.10 They are assisted by some officers and staff both deputed and
recruited. The post of CEO is established in the city corporations and several pauroshava. The
CEO controls all other officers and employees of his institution. He needs to assist the
chairman or mayor in the performance of activities of the pauroshava or corporation. The
deputy commissioners act as exofacial secretaries in the Hill District Local Government
parishads. They are required to provide assistance to the chairman.

Problems of Local Government:

➢Shortage of manpower:
Adequate manpower is not available at all levels of local government. In the absence of
required functionaries, the administrative and development activities of local
government bodies are hampered. This is very much evident in the case of union
parishad where the secretary, the only functionary of union parishad, is required to
attend all sorts of activities of the parishad, as clerk, tax collector and custodian of
records, besides helping the chairman in dealing with the regular administration of the
parishad. Thus, an adequate number of personnel should be appointed to perform
regular activities of local government bodies. This appointment should be based
on competency and corruption, or political consideration is not acceptable.

➢Human resource development:

At present, personnel of local government bodies are not efficient.
They must be provided with training so that they may become competent in their
respective fields. If they become competent, it will be conducive to achieving the
objectives of local government. It is noted that the nationalinstitute of local government
(NILG), the Bangladesh academy for rural development (BARD) and the rural
development academy (RDA) are providing training to local government personnel.
But their activities should be extended. More effort is to be given in such areas as
officemanagement, hook keeping, programming and budgeting, monitoring and
evaluation, addressing public grievances, accountability and transparency.

➢Local government finance:

10
Bangladesh on the Threshold of theTwenty-First Century 322 (Dhaka: Asiatic Society of Bangladesh, 2002).
 Local government bodies do not have enough finance. So,they are unable to perform
their functions properly. According to article 60 of the Constitution of Bangladesh, the
Parliament is empowered to enact law. Though the Parliament in its law confers powers
on the local government bodies to impose taxes for local purposes, to prepare budget
and to monitor funds, the financial condition of local government bodies is worse
because of the reluctance of citizens to pay tax, corruption and inefficiency of local
government personnel. The current laws in Bangladesh empower local government
bodies to impose and collect taxes with prior permission of the government. To get
immunity from this problem, citizens should be inspired to pay tax, local government
bodies.

➢Tiers of local government:

The Constitution of Bangladesh provides for local government in every administrative
unit of the Republic the Constitution defines "administrative unit" as a "district or other
area designated by law for the purposes of article 59. Thus, the Constitution did not
contain specific reference as to how many administrative tiers would be there. At
present, there are three units of local government - division, district and upazila.
According to the spirit of the Constitution, local government in Bangladesh should be
present at those three units and not at union level, as theadministrative unit is absent at
the union. Non-conformity in the tiers of local government during the regimes of
different government was found. Thus, the local government is failing to
provide adequate help to the people. As to the tiers of local government, one author.
states that taking into consideration the historical and current financial, administrative
and political realities of thecountry, it appears that we can now realistically afford a
two-tier local government structure comprising of the union parishad and the upazila
parishad. In Bangladesh, local government bodies are not independent of the national
government.

➢Participation and accountability:

There is a lack of public participation and accountability in local government
bodies. Public participation should be ensured with a view to making local government
bodies effective. But at present public participation is only evident at the time of
election of local government bodies. People are not in a position to be involved with
decision making process of local government bodies. It should be borne in mind that the
accountability of local government bodies cannot be ensured without the participation
 of the public. Besides this, an independent authority should be formed to monitor the
activities of local government bodies. The Local Government Commission Report
(1997) alsorecommended the establishment of a permanent commission. In addition to
these, the functions of local government bodies become limited and selective due to
lack of operational coordination, central bureaucratic interference, factionalism and rift
among local government officials, and procedural formalities. In Bangladesh, the
establishment and maintenance of local government, as a tier of at the bottom of
pyramid of government institutions consisting of elected members, is necessary for
ensuring local level participation in the formulation, planning and implementation
of development programmers and developing prompt basis civil services to the people
of the Locality. The local government systems open the door of great contribution in
different countries of the world, Bangladesh is also benefited from the system.

➢Lack of monitoring the functions of the local government bodies:

The monitoring & evaluation wing of the local government department of the Ministry
of Local Government Rural Development and Cooperatives is under an obligation to
monitor the functions of the local government bodies. Unfortunately, its monitoring
mechanism is not satisfactory. Besides this, field level local government functionaries
like the UNO inspect the activities of local government bodies. Their monitoring
mechanism is also inadequate. Proper arrangements should be made in this regard.11

Recommendations:
➢The local government must be conferred with meaningful autonomy. It must have its own
fund, rules of procedure, and budget. It will undertake and carry out local development
activities independently and without any outside interference.
➢The structure of the local government manpower needs to be rearranged in order to increase
its working capacity. Some new posts like assistant secretary, tax assessor, and accountants
should be created. Once these posts are created their incumbents will assist the secretary.
These new recruits should be computer literate.

➢The relationship between members of parliament (MPs) and the local government should be
cooperative and complementary instead of domination and subjugation. MPs should not in
any way interfere in the affairs of local governments.
11
M. Ershadul Bari, "The 1972 Constitution of Bangladesh and The Local Government", 6(1) J. oj the Faculry oj
Law, Universiry oj Dhaka 1-12 (1995).
➢If local governments are given adequate fund and manpower, they would be able to better
identify local needs and problems and devise development plans accordingly.
➢It is imperative to devise social accountability mechanisms to make the local government
accountable to the local people.
➢Proper coordination of local government activities is necessary for effective performance.
Emphasis has to be given to anti-corporal govern mention measures and their compliance
while establishing coordination relationships among various actors.
➢Instead of present phased allocation and disbursement of funds in favor of the local
government, lump-sum disbursement should be practiced. The disbursement must be made
directly in favor of the local government. The date and amount of disbursement must be
widely publicized through newspapers, television, and radio so that local people are aware of
them.
➢The honorarium should be increased to a respectable level. It should be no less than Tk.
20,000 per month for the chairman.
➢Administrative complexities must be removed as far as possible from decision making
process. Care must be taken to insulate this process from political and party influences.
➢Appropriate training for the elected representatives as well as appointed officials should be
given to develop their capacity and enhance efficiency.
➢The functions of the local government must be revised. Rules of procedure must be
modernized. Proper coordination must be ensured between government and Nongovernment
programs during their formulation and implementation.
➢It is necessary to think seriously about minimum educational qualifications for the public
representatives.
➢Information collection and management system need to be modernized.an independent.
➢A local government commission must be established for funding and monitoring of local
government activities. Local government representatives shall be accountable to that
commission for their actions.
➢Respective jurisdictions of MPs, central government and local government must be urgently
redefined in a clear and specific manner to free the local government from political
interference.
➢The local government must perform many other functions excepting 48 assigned functions.
➢Therefore, decentralization in local government functions is essential. Each ward member will
be delegated with certain functions to be performed within his/her ward.
➢Holding of ward meetings must be made mandatory. Plans will be formulated and
implemented following recommendations drawn from ward meetings.
➢Forum could play an effective role in uniting local government members. It will be possible to
create pressure on the government by the forum and thus secure demands of the local
government. It will also convey local government demands to the government.

Conclusion:
Governance is always challenging for all societies. Challenges of local governance exist in
various forms and it is not easy to measure the full extent of challenges in the Upazila
Parishad. The wide spread prevalence of these challenges have tremendous implications on
institutionalizing democracy, establishing strong peoples participation at the local level,
ensuring autonomy and development planning and activities of the Upazila Parishad and most
of the challenges of local governance arise from the institutional arrangement more explicitly
from the Upazila Parishad Act 2009. Actually, the parameters of good local governance are
manifested in the article 5912 of the constitution of Bangladesh which says, local government
in every administrative unit of the republic shall be entrusted to bodies, composed of the
persons elected in accordance with law. However, the Act has been passed in a manner so
that Upazila Parishad could not work as a vibrant, participatory and welfare oriented local
body. In addition, it has created numerous challenges and impediments in the process of
materializing the provision of the constitution. To realize the genuine development, the
Upazila Parishad is the suitable institutional vehicle for planning and implementation of the
development plans pertaining to economic development and social justice. In case, anybody
is found to be suddenly rich or behaving in an Upazila Parishad manner, it is the local
authority specially the Chairman and the Vice Chairman of the Upazila Parishad who can
detect the reasons and sources of accumulation of unaccounted wealth. They can easily
identify the corruption, the presence of any terrorist or criminal or drug trafficker living in
their locality and can take appropriate action.

12
Article 59,Constitution of Bangladesh,1972