effectiveness of local government in bangladesh

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SOUTHEAST UNIVERSITYDEPARTMENT OF LAW AND JUSTICE

RURAL WOMEN OF UNION PARISHAD

THE GENERAL PEOPLE OF BANGLADESH DO NOT UNDERSTAND THE CUSTOMARY LOCAL GOVERNMENT SYSTEM RATHER THEY ONLY WANT THE LOVE, PEACE AND UNITY IN THE SOCIETY

AcknowledgementFirst of all I want to express our gratitude to that person without whose assistance this research paper would not be completed, he is honorable Chairman Mr. Md.

Asaduzzaman for making us understand about the topic and for guiding us to prepare research papers on

effectiveness of Local Government in Bangladesh. We have working hard, we collect data, information, and various issues from various sources, such as internet, book , journal, newspaper, column and from the Constitution of the Peoples Republic of Bangladesh. Our classmates have cooperated us much.

Last of all I again thanks to our teacher and honorable chairman Mr. Md. Asaduzzaman to give us this great opportunity.

Southeast UniversityEFFECTIVENESS OF LOCAL GOVERNMENT IN BANGLADESHA THEORITICAL AND PRACTICAL RESEARCH

Prepared For: Mr. Md Asaduzzaman Chairman, Department of Law & Justice Southeast University

Prepared by: Alamgir 2008020300053 Batch : 14th (B) LL B (Hons) Southeast University

Date of submission:

10thSeptember2011

TABLE OF CONTENTS

Chapter 1 Introduction Objectives of the Study Methodology Scope and Limitations of Study Definition of Local Government Chapter 2 History background of Local Government Evolution of Local Government in Bangladesh Chapter 3 Structure & composition of Local Government bodies in Bangladesh. A) Structure & composition of Rural Local Government Bodies B) Structure & composition of Urban Local Government Bodies Chapter 4 Functions of Local Government bodies in Bangladesh. A) Function of Rural Local Government Bodies B) Function of Urban Local Government Bodies Chapter 5

Constitutional Basis: Constitutional and Legal Basis of LocalGovernment

Local Government Election Process in Bangladesh Empowering local governments in Bangladesh Participation of Women in Local Government

Chapter 6

The Problem of Local Government Recommendations Key Issues in Decentralization and Local Governance in Bangladesh Present Structure of our Local Government in Bangladesh Ministry of Law and Parliamentary Affairs

Chapter 7 Kudrat E Elahi Case Various journal Chapter 8 Conclusion Annex

References Bibliography End Note

BETTER LOCAL GOVERNMENT, BETTER TOMORROW

LOCAL GOVERNMENT A PATH OF SUCCESS LOCAL GOVERNMENT A HOT CAKE OF THE DAY

Chapter 1

IntroductionBangladesh 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. In 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 (Siddique, 1994: 2). 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-government1. 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.

(1)

http://www.unescap.org/huset/lgstudy/country/bangladesh/bangladesh.html

Objectives of the StudyThe main objective of this study is to develop acceptance and faithfulness of the LG in BANGLADESH. In accordance with the findings, the study will provide with rational,

effective and practical recommendations to develop and remove problems to make LGs more capable and vibrant. This broad objective has been broken down into following specific purposes: _to find out ways and means so as to remove lack of institutional efficiency; _to discern opinions of the public representatives and secretaries about the responsibilities and authority of the LG; _to draw opinions about transformation of the structure of the LG so as to enable it to discharge its organizational and official responsibilities properly; _to probe into the barriers of and outside pressures that the LG usually faces in making decisions; _to draw opinions about probable mechanisms to stop bureaucratic and political interference in LG functioning; and _to make recommendations on amendments to constitutional provisions and ordinances relating to local government to enable it to function in an autonomous manner.

MethodologyData have been collected from two kinds of sources: 1. Primary sources, and 2. Secondary sources Different methods have been used to collect primary data. They are: 1. Survey, 2. In-depth Interview and 3. Focus Group Discussion The survey was conducted through administering questionnaires among chairman, 1 member, 1 member of the reserved seat, and the secretary (as the administrative officer) of each selected UP. Discussions were held with the leaders of the Local Government Representatives Forum (LGRF) based on both structures and open-ended questionnaires. In-depth interviews and open discussions were conducted with local government experts and officials. Secondary data were collected by reviewing relevant research materials and reports of various committees and commissions on local government.

Scope and Limitations of StudyThe study area included all Unions, Upazila (sub-district) and Zila (district) covering all seven divisions of the country. At the preliminary stage, one district was selected from each division and three upazilas from each selected district were chosen. Then five unions from each selected upazila were selected purposively considering easy access, availability of leading local representatives and some other conveniences into consideration. One significant limitation is the sample size. 5 out of 64 districts were selected due to time and financial constraints. As emphasis was given on the instantaneous presence of respondents representing almost all occupations and social strata, views of many important local personalities were excluded from the sample.

Definition:

Local Government is meant for management of local affairs by locally elected persons. If Government's officers or their henchmen are brought to run the local bodies, there is no sense in retaining them as Local Government Bodies." According to Business Dictionary: Local Goverment Means an administrative body for a small geographic area, such as a city, town, county, or state. A local government will typically only have control over their specific geographical region, and cannot pass or enforce laws that will affect a wider area. Local governments can elect officials, enact taxes, and do many other things that a national government would do, just on a smaller scale.(2)

(Kudrat-E-Elahi Panir Vs. Bangladesh 44DLR(AD)(1992).

Chapter 2

Historical Background in BriefThe history of local government in Bangladesh shows that local bodies have been established at different levels in different periods Laws /Ordinances have been made to form local bodies at village, Thana, District and Divisional level from time to time. Since inception the local government institutions have undergone frequent changes in their functions and responsibilities. The present structure of local government in Bangladesh had its origin in British colonial period. The first attempt at establishing local government institution was made during the latter part of the nineteenth century. The structure, functions and financial management of local government institutions have undergone many changes from the British colonial period to the present day.

It is recorded in history that the villages were self reliant before the colonial rule. Every village had its own community based organization known as Panchayet . All the adult members of the village society constituted it. Apart from taking decisions in social matters adjudication in disputes and maintenance of law and order were among its responsibilities. The Panchayers used to mobilize resources for the discharge of their traditional functions. The Panchayet evolved naturally out o t the social needs and was b

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