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State Ant Government

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Introduction
Bangladesh has repeatedly experimented with decentralization in the post-colonial and post- independence period. Every successive regime between 1957 and 2001 attempted to reform the local government structure. The induction of local government, however, failed to ensure access and participation to the poor. The absence of tangible rewards for participating in local affairs often resulted in apathy and frustration to the villagers. The main concern of this essay is to evaluate the process of decentralization that took place under different regime in Bangladesh and analyze to what extent decentralization has been ensured. 1In some countries, the local extensions of the central government, and in others, traditional local power structures utilized for supporting field administration, have been misconstrued as being equivalent to local government. At times local government has been mistakenly considered an insignificant segment of the government. However, in industrialized countries, the number of civil servants at the local level is much larger than is commonly believed. In the United States, for example, there are four times as many local government employees as federal employees; even in a developing country, like India, the number of local level employees is as high as 40 percent that of federal employees
With a view to avoiding confusion, it is better to differentiate ‘local government’ from ‘local politics’ and ‘local administration’. Local politics is a wider term and covers a host of areas besides local government. On the other hand, local administration means implementation of decisions by not only local government institutions but also national/ provincial government units operating at the field level. In South Asia, local government is widely known as local self-government. For the purpose of this essay, local government is defined essentially in terms of some attributes: * first, its statutory status; * second, its power to raise finance by taxation in the area under its jurisdiction; * third, participation of the local community in decision making on specified subjects and administration; * fourth, the freedom to act independent of central control; and lastly, its general function, in contrast to the single-purpose character of many autonomous bodies.

The Meaning And Definition of Local Government

The term “Local Government” or “Local-self government’ means the government by freely elected local bodies which are endowed with power, discretion and responsibility to be exercised and discharged by them, without control over their decisions by any other higher authority. Their actions are, however, subjected to the supremacy of the national government. Defining local self-government, it has been observed that: Local inhabitants representing local body possessing autonomy within its limited spheres, raising revenue through local taxation and spending its income on local services constitute the local-self-government. For a better understanding of the concept of Local Government and its meaning, scope and nature, it shall be desirable to study a few important definitions and interpretations from various sources. As per the General Clauses Act, 1897 “Local Government shall mean the person authorized by law to administer executive Government in the part of British India in which the Act or Regulation containing the expression operates and shall include a Chief Commissioner. The word Local Government also finds mention in the Government of India Act, 1935. Whereby the phrase Local Government has a due place, though not relevant for the present discussion”.

According to eminent scholar and political scientist Clarke, “Local Government is that part of the Government of a nation or state which deals mainly with such matters as concern the inhabitants of the particular district of places, together with those matters which parliament has deemed it desirable should be administered by local bodies, subordinate to the Central Government”.

According to M. Goetz “Self-Government implies merely a form of communal administration”.

E.L. Hasluk opines that “Local government is that sphere of government within which local bodies are legally permitted to adopt variations in administration”.

According to P. Stones “Local Government is that part of the government of a country which deals with those matters which concern the people in particular locality”.

V. Vankata Rao points out that “Local Government is that part of the government which deals mainly with local affairs, administered by authorities subordinate to the state government but elected independently of the state authority by the qualified residents”.

According to L. Golding “Local Government is the management of their own affairs by the people of a locality”

According to Byrne “Local Government is marked out as a distinctive form of public administration by five key features.”

According to Michael Keating “Local Governments are seen as associations of individuals choosing to govern their own affairs, defining their boundaries and negotiating their powers.”

According to David Wilson and associates “Local Government is a large geographically defined multi-functional organization, pursuing a variety of social, political and economic objectives, either through the direct provision or through the sponsorship, indirect funding, regulation or monitoring of a very extensive range of services to its local community”.

Professor W. A. Robson opines that “Local Government may be said to involve the conception of a territorial, non sovereign community possessing the legal right and the necessary organization to regulate its own affairs. This is turn presupposes the existence of local authority with power to act independently of external control as well as the participation of the local community in the administration of its own affairs”.

Definition of National Government:
A national government is the government, or political authority, that controls a nation. At minimum, a national government requires a national army, enough power over its states or provinces to set and maintain foreign policy, and the ability to collect taxes.
National Government may refer to: * Central government in a unitary state, or a country that does not give significant power to regional divisions * Federal government is a federal state, or a country that give significant power to regional divisions * National unity government, a broad coalition government consisting of all parties (or all major parties) in the legislature, usually formed during a time of war or other national emergency.

History And Background
The local government system in Bangladesh has evolved within a three-tier framework -union, upazila (thana) and district -first envisioned in the colonial-era Bengal Local Government Act of 1885. This has not meant, however, that an effective three-tier local government system is actually operational. The institution at the primary tier i.e. the Union Parishad (UP), has had the most robust presence by virtue of institutional continuity as an elected body. The body at the secondary level i.e. the Upazila Parishad (UZP) has a much smaller history as an elected body while an elected body at the apex level i.e. district, is yet to appear. At present, there are 5428 elected local government institutions(LGI)with around 60,000 elected councilors. These include 4542 Union Parishads (UP), 487 Upazila Parishads (UZP), 324 pourashavas (municipalities) and 11 city corporations. Union and Upazila parishads, usually seen as rural local governments, are independent tiers. Pourashavas and city corporations, seen as urban local governments, are not independent tiers but represent urban centers of smaller and larger sizes respectively. In addition to the above, there are 64 Zila Parishads at district level that have no elected representation and a
Re-functionally quite limited. These are currently overseen by officials nominated from the central bureaucracy and a political nominee. There is also an additional system in force for the Chittagong Hill Tracts (Bandarban, Rangamati and Khagrachari districts) where alongside the statutory LGIs, there are District Councils legally empowered to exercise customary laws as well as a Regional Council. However, these are currently being run by nominated persons rather than elected representatives. An important objective of the local government system has been to bring elected representatives, executive functionaries and service departments of the government under a uniform functional umbrella. To this end, laws were enacted to ‘transfer’ selected central government departments to the jurisdiction of the LGI at the relevant tier. The Local Government (Upazila Parishad ) Act 1998 and subsequent amendment in 2011 placed 17 government departments under the UZP and clear provision was made for compulsory reporting of activities by other departments not categorically transferred. Similarly, the Local Government (Union Parishad) Act 2009 made 13 field level extension officials of 7 ministries transferable to the UPs.
However, despite these initiatives, functional integration is yet to be achieved as desired and directed in the legal framework.

Evolution And Structure of local government system

The evolution of local governments at the three administrative levels of Union, Upazila and District as well as of urban local governments is briefly sketched below:

Union

This is the lowest tier of local government currently covering an average population of 25,000. The union-level body has undergone many changes in nomenclature and is currently called union parishad. These became fully elected bodies in 1962. Among the various tiers of local government, Union Parishads have the longest institutional history dating back to 1870. This continuity in institutional life, however, is built on a very narrow functional and financial jurisdiction as well as administrative subservience to executive functionaries at upazila and district levels. Notwithstanding these limitations, union parishads have been the focal point in the local government system except for a period in the 1980s when the upazila became the focal point. Four important policy changes in the preceding decades have put the spotlight further on this body, namely

i) a streamlining of the representational base of the parishad by demarcating a union into nine wards (electoral units) instead of the previous three and having a member from each ward; this provision first suggested in 1993 became operational through the union election of 1997; ii) ii) a strengthening of female representation within the parishads by the 1997 provision for election to three reserved female seats, and iii) iii) financial strengthening through the provision of direct fund transfer – ‘block grants’ – introduced in early 2000s and iv) iv) creation of an upgraded physical ‘home’ for the UP in the form of the Union Parishad Complexes that have been constructed in phases for all UPs starting from late 1990s.
The UP is thus currently made up of 13 members – 1 Chairman, 9 general members – 1 from each of the 9 wards, and 3 women members elected to reserved seats each covering 3 wards. Current organogram of UP is described in below Figure

Union parishad
Union parishad

Chair-1
Members(G)-9
Women members -3
Chair-1
Members(G)-9
Women members -3
Secretary-1
Village police-10

Secretary-1
Village police-10

Village court
Village court

Dept. Transferred to UP * SAE,LGED * Machanic (DPHE) * SAAO(AG.) * HA/HI/FWA/FWI * AEO * Vet. Assist. (Livestock) * Field Assist.(Fishery) * Social Worker * Ansar-VDP
Dept. Transferred to UP * SAE,LGED * Machanic (DPHE) * SAAO(AG.) * HA/HI/FWA/FWI * AEO * Vet. Assist. (Livestock) * Field Assist.(Fishery) * Social Worker * Ansar-VDP

Women Ward

Women Ward

Women Ward

Women Ward

Women Ward
Women Ward

G.Ward
G.Ward
G.Waed

G.Waed

G.Ward

G.Ward

G.Ward

G.Ward

G.Ward

G.Ward

G.Ward

G.Ward

G.Ward

G.Ward

G.Ward

G.Ward

G.Ward

G.Ward

Upazila Upazila (previously termed Thana) is the lowest tier of central administration dating back to 1793. It currently averages a population size of a quarter million. Though suggested as a tier of local government by the Act of 1885, there was no attempt to develop an elected body at this level. Instead, policy attention took the form of building up a co-ordination function and institutionalize this through a Council which brought together union parishad chairmen and central functionaries located at this level. The Thana Council was presided over by the chief executive officer at this level, currently known as the Nirbahi Officer. The institutional development of the thana council got an important impetus from the Comilla Model of 1960s which significantly expanded rural development functions at this level. A major change was brought about in the status of the thana-level body, now renamed the Upazila Parishad, when provision was made for a directly elected chairman in 1980s. The basic structure of the previous thana council was unaltered but now it was placed under the control of a directly elected chairman. Associated with the change of 1984 was a major increase in the flow of central government funds through the instrument of the Annual Upazila Development Plan (AUDP) mirroring the Annual Development Plans (ADP) of the central bureaucracy. The provision for a directly elected chairman was suspended in the 1990s but was restored in 2008 with electoral positions increased to include two vice-chairman including one reserved for women. Current organogram of UZP is described in Figure
Upazila Parishad (UZP)
Local Member of chair 1
Parliament (MP)
(Advisory role)
Upazila Parishad (UZP)
Local Member of chair 1
Parliament (MP)
(Advisory role)

Chair (1) Vice-chair (2) (1 Male & 1 Female) Members: All UP chair and pourashava Mayor Women members: 1/3 of existing UP members/councilors of pourashava
Chair (1) Vice-chair (2) (1 Male & 1 Female) Members: All UP chair and pourashava Mayor Women members: 1/3 of existing UP members/councilors of pourashava

Upazila Nirbahi Officer (UNO) / chief executive officer of UZP
Upazila Nirbahi Officer (UNO) / chief executive officer of UZP

Departments / Officials transferred
Departments / Officials transferred
Other departments present but not linked with UZP
Other departments present but not linked with UZP
Departments retained / linked with UZP
Departments retained / linked with UZP

Upazila Nirbahi Officer (UNO) Upazila Health and Family Planning Officer Upazila Family Planning Officer
Upazila Agriculture Officer
Upazila Fisheries Officer
Upazila Livestock Officer
Upazila Project Implementation Officer
Upazila Social Welfare Officer
Upazila Education Officer Upazila Women Officer
Upazila Youth Development Officer Upazila Cooperatives Officer
Upazila Engineer Assistant Engineer
Upazila Nirbahi Officer (UNO) Upazila Health and Family Planning Officer Upazila Family Planning Officer
Upazila Agriculture Officer
Upazila Fisheries Officer
Upazila Livestock Officer
Upazila Project Implementation Officer
Upazila Social Welfare Officer
Upazila Education Officer Upazila Women Officer
Upazila Youth Development Officer Upazila Cooperatives Officer
Upazila Engineer Assistant Engineer

Police
Ansar – VDP Statistics Accounts Land
Sub-registrar
Election
Police
Ansar – VDP Statistics Accounts Land
Sub-registrar
Election

Post & telecommunication Bangladesh Water Development Board Gas supply Electricity supply Roads & railway: railway Public Works Department Sports & culture
Post & telecommunication Bangladesh Water Development Board Gas supply Electricity supply Roads & railway: railway Public Works Department Sports & culture

District

Within the institutional history of Bangladesh, the district has been the crucial building block of central government. The development of local government at this level was constrained from the outset by the institutional pre-eminence of executive functionaries. Not surprisingly, development of local government at this level has taken the form of supervised bodies under the control of the chief executive officer i.e. the Deputy Commissioner, with a narrow functional and financial jurisdiction. Institutional attention to the district-level body has been marked by great ambiguity in policy objectives reflected in long periods of inactivity. There was an attempt to strengthen the district-level body, now called Zila Parishad, in 1976 by an ordinance which provided for a certain proportion of elected members. However, no elections were actually held before another change in 1982 abolished the provision for elected members. In 1988, there was an attempt to revive these bodies by nominating ruling party members as Chairman but the change of government in 1991 put an end to this initiative. The revival of this body was again mooted in the Local Government Commission reports of both the post-1991 BNP government and the post-1996 AL government but no action on this has as yet been taken. Zila Parishads currently exist without any elected representation and on a very limited jurisdiction. However, the presence of central bureaucrats has been increased in this body together with a political appointee.

Rationalizing LGI functions

LGIs suffer from four major problems vis-à-vis their functional assignment: i) assignment overlap and multiplicity ii) unfunded mandates iii) general rather than specific assignments and iv) de facto reality significantly at variance from de jure role. These are complex and difficult issues and cannot be addressed effectively without bringing legal and constitutional changes into the discussion. Table 3 describes what functions are formally prescribed in law for LGIs and what functions they exercise in practice:

Main function of local government

Sl. no. | LG units | Basic sources | The main functions | The factor functions | 1 | Union Parishad/ UP | The LG UP Act.2009 | Clause 47 listed four basic functions and the Same clause elaborated basic functions in schedule-2 with 39 more functions. Schedule 4 listed 13 functions of resource mobilization Schedule 5 listed 54 functions of crime preventions Total listed functions= 110 | In real situation UPs perform four basic functions 1. traditional community driven functions 2. the functions for which they receive resources 3. the functions different project implements in the UPs 4. traditional dispute resolution of formal and informal nature | 2 | Upazila Parishad (UZP) | The LG(UZP) Act 1998 & the LG (UZP) Act (amendment) in 2011 | Clause 23 and 24 provide a guidance so that government can allocate new function from time to time Schedule 2 –listed 18 Schedule 4 listed 9 Schedule 5 listed 4 Total 31 | In fact the UZPs are confined in implementing few schemes with ADP grant. | 3 | Zila Parishad (ZP) | LG(ZP) Act 2000 | Schedule 1 Obligatory 12 and Optional 7 Schedule 2(8) Schedule 3(46) Total 12+51=63 | ZPs function are not visible except in recent time after the appointment of “Administrator”. The 61 ZPs of plain districts implement schemes with ADP grants. | 4 | Pourashava | LG(Pourashava) Act 2009 | Under clause 50 and 5 subclauses include 16 basic functions Under 2nd schedule 68 Under 3rd schedule-29 Under 4th schedule 61 Under 5th schedule 14 Total 172 | Municipal functions are to some extent specific in respect of waste disposal, street lighting and repair and construction of roads and drainages, but other activates listed in schedules are not carried out. | 5 | City corporation | LG (city corporation) Act 2009 | 3rd schedule listed 28 basic long detail listed of total 160activities 4th schedule 26 5th schedule 62 Grand total=248 | City corporation is visible in 5/6 limited functions Such as wastage disposal, street lightening, repair of road and open drains, issuing birth and death certificates, trade licenses, etc. | 6 | Hill District Council | Three separate laws for three CHT districts, Rangamati, Khagrachori and Bandarban | | Only visible institution with money and manpower, lack political legitimacy for real participation. | 7 | Customary LG of CHT circle Chief Head man Karbari system | Hill tract Manual 1900 | | With the presence of elected UP in the area, they are not as effective in old days during British time. |

Importance of Local Government

The importance of local government lies in sustaining the democracy. If democracy has to function properly as many citizens as possible should be encouraged and provided with opportunities to take a continuing interest in its activities and problems. In a democracy, people have to work with great patience and perseverance.

The importance of local government may be discussed under the following heads:

* School of Democracy

The Success of national democracy largely depends upon the success of democracy at the grass-root level.“Local governments are to total government what basic tissues are to human body without the government would have no vitality. The countries, cities, towns, villages and boroughs serve as training schools for the leaders of government, and in the affairs of local government are tried those who aspire to state and national offices.”

* Platform for Political and Popular Education

Lord Ripon's Resolution of (1882) Highlighting the importance of local government as an educational institution. Prof laski says. “The institution of local government is education in perhaps a higher degree at least contingently, than any other part of government. And it must be remembered that there is no other way of bringing the mass of citizens into intimate contact with persons responsible for decisions.”

* Promotes Spirit Of Liberty And Equality

The local assemblies of citizens says De Tocque Ville, add to the strength of free nations. A nation may establish a free government but without municipal institutions, it cannot have the spirit of liberty. The concept of equality has many meanings but in the context of local government it may enhance equality by providing access to political office and political activity for wider groups of people than are accommodated through national politics.

* Effective Solution of Local Problems

According to H.J. Laski "we cannot realize the full benefits of democratic government, unless we begin by the admission that all problems are not control problems, and that the results of problems in their incidence require decision at the place and by the persons, where and by whom the incidence is most deeply felt.

* Provides Civil Services

Local government institution perform numerous function to provide civil amenities to the inhabitants. The services performed by these bodies include garbage collection, cleaning of streets, drainage, electricity, water supply, fire services, health service etc. are very important for good civil life.

* Reduce the Burden of Work of State/Central Government A large number of functions are performed by local government which otherwise would have been performed by central/state government. This, local government not only provides certain essential services to the people, but also reduces the burden of central/state government as well.

* Check against Bureaucracy

The control of bureaucracy over the community increases in the absence of a strong local government system. A centralized system of administration, even though democratic, results in control of the community by bureaucracy. Venkatarao has rightly remarked, “one of the virtues of local government is the easy intimacy and ready access to local government officials.”

* Local Government is Economical The performance of any government whether central or local largely depends upon availability of finances. In performing functions by local government economy is secured because local functions are performed by local authorities out of the funds raised locally by levying taxes. When the local people are entrusted with the management of local affairs, they will manage them at the lowest cost because they know that it is their money which is spent on local services, therefore, they remain conscious to make services more economical and avoid wastage.
CONCLUSION
Local government means the administration of the affairs of a locality in urban and rural areas by the people through their elected representatives. It may be described as government by popularly elected bodies charged with the administration and executive duties in matters concerning the inhabitants of the particular district or place and vested with powers to make bye laws for their guidance. The urban local government operates in towns and cities through Municipal Corporations, Municipal Committees, Cantonment Boards, Town and Notified Area Committees.
The scope of urban local government extends to the study of the phenomenon of urbanization and its problem, urban planning, structure of urban governments and their classification, municipal legislation, personnel management, financial administration, state local relations, special purpose agencies, organization and function of the union Ministry of urban Affairs and Employment and its subordinate and attached offices, as also that of the State departments of urban local government; Report of various commissions and committees appointed from time to time by the central and state governments to study the various aspects of the working of urban local governments and the recommendation made by them, municipal bureaucracy, role of political parties, research and evaluation and comparative urban local governments.
Bibliography:
* https://en.wikipedia.org/wiki/National_Government * http://shodhganga.inflibnet.ac.in/bitstream/10603/4262/11/11_chapter%202.pdf * http://www.plancomm.gov.bd/wp-content/uploads/2015/02/13_Strategy-on-Local-Government-Strengthening.pdf * pactu.edu.np/contents/project/files/issues-and-challenges-of-local-government-capacity-building--bangladesh-experiences-by-professor-salahuddin-m-aminuzzaman-phd.ppt * http://www.assignmentpoint.com/arts/law/effectiveness-local-government-bangladesh.html * https://www.researchgate.net/publication/235983586_Local_Government_System_in_Bangladesh_How_Far_is_it_Decentralised * http://www.igi-global.com/dictionary/local-government-institutions/17334

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