Local Governance and Charland : An Overview - … · Local Governance and Charland : An Overview...

Local Governance & Charland

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Local Governance and Charland : An Overview

Salahuddin M. AminuzzamanDepartment of Public Administration

University of Dhaka

August 2001


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Content

I. Local Government System in Bangladesh 01Constitutional backgroundGram ParishadUnion ParishadResponsibilities of Union ParishadStaffing of Union ParishadStanding Committees of UPSources of Revenue of Union ParishadOther sources of UP incomeGovernment grants to UPUP BudgetingUP Development PlanUpazila Development Coordination CommitteeComposition of the UDCCZila Parishad

II. Legal framework of Local Government in Bangladesh 11

III. Local Government : Macro level Institutional framework 12Planning CommissionMinistry of FinanceMinistry of Local Government, Rural Development and CooperativesMonitoring, inspection and Evaluation WingOffice of Assistant Director, Local Government (ADLG)Local Government Engineering Department(LGED)Department for Public Health Engineering (DPHE)National institute of Local GovernmentAssociation of Union Parishad Chairmen & Members

IV. Planning System at different levels 19National PlanningSectoral Planning :Line Ministry Planning ProcessLocal-Level Planning

V. Local Level Resource Mobilisation and development management 25Block GrantsIncome from LeaseOther lease incomeFood Aid to Union ParishadsImplementation of development projectsOther UP projects

VI. Institutional, Management, and Operational issues of UPLack of AutonomyCentre – UP RelationshipPolitical dominanceDivision of roles and functions


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Physical facilitiesLimited ResourcesParticipationAccountability and TransparencyPlans and GrantsFinance and Resource MobilizationWomen's ParticipationInternal Management & Human ResourcesRelationship with NGO

VII. Capacity building of Union Parishads : Review of Best PracticesTraining and AwarenessCivil Society – UP collaborationCommunity ParticipationCoordinationLessons learnedWhat can be done for futureBCLG project of UNDPReview of BCLGUNCDF/ UNDP – Sirajganj Project

VIII. Features of Char area in BangladeshChar land managementDynamics of Power Bases in the CharlandsPolitical-bureaucratic relationships and power basesGOB Development Projects for the Char AreaFeatures of Char land of KurigramStakeholders of the proposed projectKey GOB Officials working at the District level and Upazila levelUnion level GOB staffNational NGOs Working in the Char area.International NGO

Appendix A : Overview of the selected recommendations of LG reform Committees/ CommissionsAppendix B : Laws & Rules on Local Government : Gram Parishad, UP, Upazila ParishadsAppendix C : Role and Functions of the Chairman, Members and Secretary of the UPAppendix D : Organogram of Local Government Division of Ministry of LGRD& CooperativesAppendix E : Review paper on Local GovernmentAppendix F : Review paper on NGO


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I. Local Government System in Bangladesh

The present pyramidal structure of local institutions of Bangladesh owes its origin to the British rule.

Originally intended to maintain village law and order by local initiative, the Chawkidari Panchayet Act

of 1870 was the first step taken by the British rulers. Subsequently, the Local Self-Government Act

1885, the Village self-government Act 1919, and the Basic Democracy Order 1959, and finally the

Local Government Ordinance 1976, The Local Government (Thana Parishad) Ordinance 1982, the

Local Government (Union Parishad ) Ordinance 1983, 1986 , Local Government (Union Parishad

Second Amendment) Act 1997, and of late Local Government (Amendment) Act 20011 etc shaped

the institutional make-up and gradual evolution of the present local government system in

Bangladesh2.

Constitutional backgroundTwo Articles, 59 and 60, of the Constitution of Bangladesh laid down a framework concerning

local Government bodies. Article 59 (1) provided that: Local Government in every administrative

unit3 of the Republic shall be entrusted to bodies, composed of persons elected in accordance

with law. Article 59(2) spells out the board functions of the Local government as:

• 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 Article 60 of the Constitution stipulated that : “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 these Articles 59 and 60, Article 11 of the Constitution provided as a Fundamental

Principle of State Policy that 'The Republic shall be a democracy in which .... effective

participation by the people through their elected representatives in administration at all levels

shall be ensured.'

At different points of time, various efforts were taken to strengthen these bodies. Almost all of

the major LG reform efforts, as a matter of fact, mostly addressed the secondary issues, i.e.,

number and level of tiers, relationship between tiers, and composition etc. The substantive/ core

issues like devolution of authorities and powers and transfer of wide ranging functions to the

1 For detail list of Acts and Ordinances and Rules see the appendix B2 For detail see the appendix E3 An 'administrative unit' has been defined in Article 152 (1) of the Constitution as a 'district or other area designated bylaw for the purposes of Article 59.


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local bodies for enabling them to operate as decentralized self-governing local units did not

receive adequate and proper attention. Representative, statutory local government bodies at

different levels have been formed and abolished at various times since Bangladesh became

independent in 1971; with UPs providing the only thread of continuity ( appendix “A” provides

an overview of the selected recommendations of reform committees/ commissions).

The current structure of local government in Bangladesh includes Union Parishads (UP's) for the

rural areas and Pourashavas (PSs) or municipalities for medium and smaller urban areas, and city

corporations for large cities. The total number of' existing UPs is 4479. The corresponding

number of PSs is 220 and the number of city corporations is 6. Both UP and PSs are administered

by an elected Chairman and 12 elected Members/Commissioners, including 3 female members for

reserved seats. Functions of the local government institutions include: a. Administrative and

public welfare, b. Maintenance of law and order, c. Provision of public services, d. Planning and

implementation of relevant activities.

Following the recommendations of the Local Government Commission 1997, the Government had

carried out a number of amendments to the relevant laws. The UP Amendment Act 1997, for

instance, provided for direct election of women in the reserved seats of UPs. The Gram Parishad

Act 1997 provided the legal basis for the lowest tier of local government at the village level and

the Upazila Parishad Act 1998 provided for the local government set up at the Upazila (Thana)

level. The Zila Parishad Act. 2000 for local government setup at District level has been passed.

Gram Parishad'Gram' is the Bangla word for village. At present there is no formal representative body at village

level, but the Act gazetted on 8th September 1997 as part of the local government reform

process provides for the creation of Gram Parishads (GP)4. In fact these proposed bodies will not

be at village but at Ward level. A Ward is one-ninth of a Union, and with about 40,000 Wards and

68.000 villages in Bangladesh each GP will represent 1-2 villages (typically about 3.000 people).

The UP member elected from the Ward will be the Chairman of the GP, which will have 12 other

member - 9 male and 3 female - elected in a general meeting of the voters of the Ward under

the supervision of a 'directing authority'. Member of other local government bodies and Members

of Parliament will not be allowed to stand for election as GP members. The term of office of the

GP will be five years. Each GP will determine its working procedures with the prior approval of

4 At present there is a High Court case on the Gram Parishad Act challenging its constitutional validity.


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the 'directing authority', and will meet at least once every three months. The defined functions of

the GP are, in summary, as follows:

• To conduct of socio-economic surveys, and the preparation of reports, as and whendesignated by the directing authority.

• Maintenance of birth, death, marriage and divorce records.• Ensuring law and order - including taking preventive measures against theft, burglary,

repression of women and violence - in cooperation with the law enforcement agencies, andarbitration of petty disputes.

• Reporting to the UP on the performance of government and semi-government agencies andNG0s in the locality.

• Monitoring and inspection of primary education including religious schools and reporting tothe UP, and motivation of parents to send their children to school.

• Monitoring of the fertiliser, seed and pesticide situation and reporting of problems.• Cooperation with the concerned authorities in implementing water and sanitation, and family

planning, programmes, including selection of sites for sinking tubewells.• Motivation of people to establish cooperatives, small-scale industries, poultry; fisheries,

livestock and social forestry schemes.• Initiating social welfare programmes in the village, and• Other works as specified by the GoB from time to time.

GPs will have the right to constitute issue-based standing committees as and when required, and

to determine the membership of such committees. GPs will not be provided with any direct

funding from government, nor will they have revenue-raising powers, but the funds they require

for stationery, for conducting socioeconomic surveys and maintaining records, and for preparing

other information for the UP will be provided by the UP when determined by the directing

authority.

Thus the GPs have only limited defined implementation powers, and their function is primarily as

grass-roots representative bodies to contribute to planning, to motivate, support, monitor and

report on development activities, and to cooperate in maintenance of law and order and

resolution of disputes.

Union ParishadUnion Parishads (UP) have had a continuous existence since the 1880s, though their functions

and constitution have changed over time, and they are currently the only elected, statutory local

government body for the rural Bangladesh. The Local Government (Union Parishads) Ordinance

of 1983 and its subsequent amendments provide the legislative framework for UPs, which are

further regulated and controlled by orders and circulars issued by the Ministry of Local

Government.

Each Union is now divided into nine Wards. One member is directly elected to the UP from each

Ward on the basis of adult franchise. One woman member is directly elected from each of the


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three old Wards on the base of adult franchise (male and female electors). The UP Chairman is

directly elected on the basis of adult franchise from the whole of the Union. Thus a UP comprises

9 elected Ward members, three elected women members, and an elected Chairman. (For detail

role and functions of UP officials see Appendix C)

Each of nine ward members of the Union will be the Chairmen of the Gram Parishads, providing a

direct linkage between the UP and the grass-roots representative bodies. Perhaps more

important, each UP now has three directly elected women members, though there remains some

confusion and uncertainty over the roles of women members in the proposed Gram Parishads.

A Union in Bangladesh, on average, consists of about 19 villages and 13 mouzas. A population of 21

thousand live over 8.2 thousand acres of land in 3900 households. Out of this land, 7.8 thousand

acres of land is cropped and only 1.6 thousand acres of land is irrigated.

Table 1: Basic Structural Information of a UP on Average

No of

Villages

No. of

Mouza

No. of

Households

Population Area in

Acre

Cropped

Area (Acre)

Irrigated

Area (Acre)

19.24 13.48 3900 20934 8194.67 7814.9 1630 Source :Statistical Yearbook 1993, Bangladesh Bureau of Statistics.

Responsibilities of Union ParishadUPs are broadly responsible for economic, social and community development. As set out in the

Local Government (Union Parishad) Ordinance, the UP has some 38 functions, including:

- Maintenance of law and order, including assistance to the law enforcement agencies andresolution of disputes.

- Adoption of measures to prevent disorder and smuggling.- Conducting of censuses of all kinds.- Registration of births, deaths, blind people, beggars and destitutes.- Planning and implementation of development schemes in the field of agriculture, forestry,

fisheries, livestock, education, health, small and micro enterprises, communications, irrigationand flood control.

- Implementation of other development schemes as assigned.- Development and use of local resources.- Motivation of people to use sanitary latrines.- Promotion Of family planning.- Monitoring of development activities undertaken by different agencies (government, semi-

government) in the Union.- Protection and maintenance of public property such as roads, bridges, canals, embankments,

markets, telephones and electricity lines.

Specific rural infrastructure responsibilities defined for UPs are the maintenance of Rural Roads

(excluding important RR1s' for which LGED takes direct responsibility) and the Planning and

implementation of small construction projects, these include improvement of works on Rural


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Roads -for example schemes under some food-aided infrastructure projects are implemented

through the UPs. The UP is also responsible, through the Union Market Management Committees

(UMMC) for the operation and maintenance of markets within the Union.

Staffing of Union ParishadAs per Local Government (Union Parishads) Amendment Act, 1997, a UP consists of a chairman

and twelve members. They are elected on the basis of adult franchise. Each UP has a full-time

Secretary, appointed by the Deputy Commissioner (DC). For maintain law and order, UP has

Gram Police (1 to 2 Dafadars, 5 to 9 Chowkidars). The Dafadar (local policeman) and Chowkidan

(village watchmen) are selected by the UP but final approval is given by the Deputy

Commissioner through the UNO. To collect tax a UP can appoint 1 to 3 Tax collectors

temporarily on the basis of commission at a rate of 15% to 20% of tax collected.

Standing Committees of UP

Each UP will have 12 Standing Committees. Following is the list of these committees:

a. Finance and establishment; b. Education; c. Health, family planning, epidemic control and

sanitation; d. Audit and accounts; e. Agriculture and other development works; f. Social welfare

and community centers; g. Cottage industries and cooperatives; h. Women and child welfare;

i. Fisheries and livestocks; j. Tree plantation; k. Union public works; and l/.Mass education.

With prior permission of the Deputy Commissioner, the UP can also constitute additional

Standing Committees as and when needed.

A Standing Committee will elect one of its members as its Chairman and will consist of not more

than one-third of the total members of the Union Parishad. No member will, at the same time,

be member of more than two committees. UP may co-opt a person who is not a member of the

Parishad but who may in the opinion of the Parishad possess special qualifications for serving in

any standing committee as a non-voting member.

A Union Parishad may join any other Union Parishad or Parishads or any other local authority or

authorities in forming a Joint Committee for any purpose, which is of mutual interest of these

bodies.

The functions of such committee are supposed to be “prescribed by regulations” of the GOB. In most

cases UP Committees are hardly formed. UP Chairmen are not even fully aware of the existence of

such committees. Even where such committees have been constituted these are just for name sake


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and are hardly active. Except the Project Implementation Committee (PIC), none of these

committees has been formally constituted in most UPs.

Sources of Revenue of Union ParishadThe UPs are allowed to raise revenue locally from the following sources:

- Annual tax on value of homesteads, known as the Union 'rate' or household tax.- Taxes on professions, trades and callings.- Taxes on cinemas dramatic and theater shows, and other entertainment and amusements of

like nature.- Fees for licenses and permits granted by the UP.- Lease money from specific markets (hats) and bazaars, ghats and ferries within the Union

boundaries as determined by the GoB.- Lease money from specific water bodies(jalmahals) within the Union boundaries, as

determined by the GoB.

The UPs have three sources of revenue from central government:

- Annual revenue budget which contributes to costs of salaries and honoraria.- 1% land transfer tax on land transfers within the Union boundaries (a land transfer tax of

2% is collected, and half of this now goes to the UPs).- The Annual Development Programme (ADP) 'Block Grant for Union and Upazila Development.

The GOB has recently adopted measures to increase the revenue that flows to UP.

- Increasing the proportion of market lease revenues that flow to UPs by reducing theproportion of the revenue transferred-to-central government from 35 to 25%; and increasingthe lease value threshold at which a proportion of the lease revenue flows to Upazila, ratherthan Union, level.

Other sources of UP incomeThe other sources of UP income include:

a. Subscription from individuals and organization;b. Rents and profits from properties;c. Profit from investments;d. Receipts from trusts; ande. Receipts from other governmental sources.

All proposals for levy of any tax, rates, tolls or fees must be considered and decided in a specialmeeting of Union Parishad. The UP shall submit the proposal to the Deputy Commissioner forapproval.

Government grants to UPTypes of Grants UP normally receives are:a. Grants to Development heads;- From Thana Parishad- From Central Governmentb. Grants to Salary and other allowances of the UP staff;- Honoraria of Chairman- Honoraria of Members- Salary of Secretaries- Salary of Gram Policec. Grants in aid for meeting tour expenses for Chairman/members;


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d. Grants to Adarsha Gram/Guccha Gram;e. Grants for deficit budget;f. Lump grant;g. Rural Works Programme grants;h. Project aid grant; andi. Various compensatory grants.

UP BudgetingFor each financial year, UP has to prepare a budget. UP Budget is prepared once in a year. But in

case of necessity at any time before the end of a financial year, a revised budget can be

prepared which is to be sent to the concerned Deputy Commissioner for approval. The Chairman,

with the help of the Secretary, prepares the draft budget of the Union Parishad. The draft budget

is then presented to a special meeting of the UP. The meeting after review and modification

approves the budget for submission to the Deputy Commissioner for final approval.

UP budget is prepared on the basis of the Form A and Form B as mentioned in the Union Council(Preparation and sanction of Budget) Rules 1960. The budget is composed of three parts:

a. Current Account;b. Capital Account; andc. Special funds

a. Current Account consist the following:Receipts and expenditures from tax, rates, fees, rent, voluntary contribution, grants, intereston investment.

b. Capital account include the following transactions:Loans taken and repaid by the UP; Sales proceeds of securities and investments; Purchase ofsecurities and other investments.

c. Special Fund include the following heads: Zakat and other remittances.

Under the current practice the budget is prepared by the Chairman with the assistance of the

Secretary. The budget is passed in a special meeting of the UP. The budget is finally approved by

the DC. There is hardly any scope for community participation.

UP Development Plan

A Union Parishad is empowered to manage, maintain, improve and develop all its properties. By

law, properties refers to streets, places, grounds and buildings under the custody of the Union. A

Union Parishad with the permission of the DC can acquire, transfer, sale, mortgage, lease, and

exchange any UP property for its development initiatives. UP, if needed, may request the Deputy

Commissioner to acquire a land for the purpose of its development.

Development initiatives that a UP can undertake include:

a. Infrastructure development (roads, culverts, irrigation, embankment, health, educational-institution religious institution)


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b. Development of Hat and Bazaars.c. Digging of canalsd. Development of sewerage systeme. Tree plantationf. Development of Jalmahal

UP is supposed to prepare a five year development plan to be approved by the Deputy

commissioner. Apart from this, a UP has to prepare plans and estimates for works under ADP grants

and Food-for-work programme for a particular plan period. In such cases, the government

determines the authority through which such plans and estimates are to be technically approved and

administratively sanctioned.

Due to poor managerial and technical skills as well as lack of awareness of the benefits of

planning techniques, most UPs do not maintain any annual and or multi-year development plan.

Moreover there are no assured resource allocation for a long term planning at UP level.

Furthermore there is no integration between the plans of the line ministries at the Upazila level

and the Union Parishads. NGOs in the UP command area also work in complete isolation of the

UP. Thus there is no reflection of NGO operations in the UP plan, if there is any.

Given the legal framework 5and the role played by the Ministry of Local Government, over the

years UPs have always been serving the interest of the ruling party. UPs has been under strict

administrative control of the UNO. Present level of community participation in the UP

development and planning activities is very low. The community members in general are not well

aware of the various routine as well as development functions of the UP, and thus are not motivated

and or concerned to participate in those activities. There is no formal and pre-designed institutional

mode/ mechanism whereby the community can actively take part in the UP affairs. Whatever level

of participation at present is there, is basically characterised by patron-client relationship between

the stakeholders and the UP officials particularly the Chairmen. Thus community as such do not put

forward any political pressure and or demand to the UP. In fact , in most cases UPs have been

working in “isolation” with out having adequate political and administrative accountability at the

local level.

UP Chairmen however noted that they had a “good time” during the elected Upazila system.

According to them the access to the Upazila Chairman was easy. Upazila Chairman used to

5 If in the opinion of the government, anything done or intended to be done by or on behalf of a Union Parishad is not inconformity with law, or is in anyway against public interest, the government may, by order- quash the proceedings;suspend the execution of any resolution made by the Union Parishad; and prohibit the doing anything proposed to bedone. Government may also discharge/ suspend the UP in any of the following grounds: a. Unable to discharge orpersistent failure to discharge its duties; b. Unable to administer its affairs and financial obligation; c. Acts in a mannercontrary to public interest; d. Exceeds or abuses its power against; and e. Failed to collect 75% of the taxes, rates andfees lavied in a financial year.


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respect them as political leaders. Present bureaucratic transaction with UNO is more “formal”

“official” and “restricted to business only”. UP chairman also noted that during Upazila system

they had more bargaining power.

Upazila Development Coordination Committee 6

The Upazila Development Coordination Committees (UDCC) were established following the

abolition of the Upazila Parishads. The functions of the UDCC are to:

- Review and co-ordinate project feasibility, area-wise priorities for development projects, andother matters.

- Prepare development projects.- Advise UPs in preparing and implementing rural development programmes.- Ensure co-ordination between locally prepared projects and national development

programmes.- Advise on acceptance and implementation of development projects upon the request of the

UPs.- Resolve inter-Union and inter-sectoral conflicts.- Review the progress of development projects under implementation in the Upazila.

Composition of the UDCCOne person from amongst the UP Chairmen who acts as Chairman of the UDCC on a rotating

basis (the chairmanship changes for every meeting). The Chairmen of all the Union Parishads of

the Upazila, are the voting members of the UDCC. Heads of different central government offices

in the Upazila are non-voting members of the UDCC:

- Upazila Nirbahi Officer (UNO)- Upazila Engineer- Upazila Health and Family Planning Officer- Upazila Education Officer- Upazila Agriculture Officer- Upazila Cooperative Officer- Upazila Livestock Officer- Upazila Fisheries Officer- Upazila Social Welfare Officer- Police Officer in charge of Upazila- Upazila Ansar and VDP Officer- Upazila Food Controller- Upazila Statistical Officer- Upazila Rural Development Officer

The UNO acts as Secretary to the Committee. Members of Parliament whose constituency

includes part of the Upazila act as advisers to the Committee.

6 Upazila Act has already been passed by the parliament in 1997. No election has yet taken place. The proposed UpazilaParishad is composed of all UP chairman within the Upazila. A Chairman will be directly elected. There are reservedseats for the female members at Upazila Parishad – the number of reserved seats will be one third of the number of UPsand Pourashava (if any with in the Upazila). Female members will be elected by the elected office bearesrs of the UP andthe Pourashava Commissioners.


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The UDCC is responsible for the allocation to projects of the Block Grant for Union and Upazila

Development. It is the UP Chairmen and Members sitting on the UDCC who have the voting

power over allocation of fund.

Realistically under the present format it is the UNO who “controls and dominates” the discussion

/ decision of the UDDC. Though he acts as the Secretary of the committee, ac a matter of fact he

plays the defacto role of chairing the committee. UDCC Chairperson, who happens to be a UP

Chairman, signs the document/ minutes being prepared by the UNO. Since UNOs office provide

logistic and institutional support , the UDCC meetings by content and spirit and practice appears

to a meeting of the UNO.

Role of the Upazila based government officials is very limited. Since most of these agencies have

no direct interactions with the Union Parishads , there presence is more of symbolic and passive.

However, the Upazila Engineer (UE) and the Project Implementation Officer (PIO) play a

significant role in the UDDC meeting. It is to be noted here that both UE (representing LGED)

and the PIO (representing Ministry of Relief and Disaster Management) have direct functional

interaction with the UP.

MPs occasionally attend the meeting especially when the projects are selected under different

aided programmes. Though the MPs are supposed to play an “advisory” role, but in reality the

MPs go beyond the line and tend to exert his /her decisions. It is alleged that MPs are “biased”

towards the UP chairmen who belong to their respective parties. MPs use distribution of FFW

and other .

Zila ParishadFor each of the District there will be a Zilla Parishad. According to the Zila Parishad Act, 2000,

each Zila Parishad will consist of One Chairman, Fifteen members and five women members for

reserved seats. Members as well as the Chairman of the Zila Parishad will be elected by a

Electoral college consists of Mayor and Commissioners of the Cities with in the District (if any),

Chairman and members of all Municipalities, Chairman and members of the Upazila and Chairman

and members of the Union Parishads within the district.

Zila Parishad will have two types of functions Mandatory and Obligatory. Mandatory function:

Mandatory function is specified in the first part of first schedule includes : review of all

development activities within the Zila, review the implementation and progress of the

development projects undertaken by the Upazila and Municipalities within the district;

establishment and maintenance of public libraries, building and maintenance of roads not

belonging to Upazila , municipalities and or central government; tree plantation and


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maintenance, establishment and maintenance of play grounds; maintenance and development of

ferry ghats not belonging to Upazila, Municipalities or central government; maintenance and

development of Guest houses; and any other development activities assigned by the government.

Obligatory functions includes as many as 68 different development functions covering: education,

culture, social welfare, economic welfare, public health, civil works and infrastructure

development and general activities.

II. Legal framework of Local Government in Bangladesh

Appendix B provides a detail list of legislative documents as regards to local government system

in Bangladesh. It reveals that the following are the major legislative documents on Union

Parishads, Upazila Parishad and Zila Parishad:

Union Parishad1. Local Government ( Gram Parishad) Act 1997 ( in Bangla)2. The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983),3. The Local Government Laws (Amendment) Act, 1987 (Act No. XXIII of 1987)4. The Local Government (Union Parishads) (Amendment) Act, 1990 (Act No. XIII of 1990)5. The Local Government (Upazila Parishad and Upazila Administration Reorganisation) (Repeal)Act, 1992 (Act No. II of 1992)6. The Local Government (Union Parishads) (Amendment) Act, 1992 (Act No. X of 1992)7. The Local Government (Union Parishads) (Amendment) Act, 1997 (Act VIII of 1997),

UpazilaUpazila Parishad Act, 1998

Zila ParishadThe Districts Act, 1836 (Act XXI of 1836).Zila Parishad Act 2000Rangamati Hill District Parishad (Amendment) Act, 2000Khagrachari Hill District Parishad (Amendment) Act, 2000Bandarban Hill District Parishad (Amendment) Act, 2000Rangamati Hill District Parishad (Second Amendment) Act, 2000Khagrachari Hill District Parishad (Second Amendment) Act, 2000Bandarban Hill District Parishad (Second Amendment) Act, 2000

In addition to the above laws there are no such specific laws on local government that could affect

the livelihood of the people of the char areas.

UPs in effect do not have any authority to make “policy decisions and choices”. UP can not take

any substantive and or policy decision without the approval of the Deputy Commissioner. As per

the clause 83 of Local Government (Union Parishad) Ordinance 1983, Government retains the

power to make rules, regulations on following areas to regulate the activities of UP:


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a. Power and duties of Chairman and members;

b. Regulation with regards to Village Police;c. Functions of the UP with regard to agriculture, industrial and community development and

food production;

d. Regulation of making contracts on behalf of UP;e. Regulation of the execution of works;f. Prescription of records, reports and returns to be maintained, prepared or published by UP;

g. Appointment and terms and conditions of services of UP staff and employees;h. Administration, regulation, custody, investment, and operation of the Union fund and special

funds;i. Preparation and sanction of budget;

j. Maintenance of accounts and audit;k. Management, maintenance and alienation of property of the UP;l. Preparation, regulation, consolidation, sanction and implementation of development plans;

m. Manner on which the liabilities of officers and employees of Union Parishad and otherpersons for any loss, waste or misapplication of any money or property belonging to UP maybe determined;

n. Regulation of assessment, collection, and administration of taxes, rates, fees;o. Manner in which and the authority to whom, appeal shall lie against the order of UP;p. Manner in which the UP will be inspected and the powers of the inspecting officials; and

q. Any other matters required under any provision of the Local Government Ordinance 1983.

Government also retains the power to make regulation by standing order on the following areas:a. Define and regulate the relationships of the UP inter se and with other local bodies.

a. Provide coordinating the activities of UP and the government authoritiesa. Provide financial assistance to UP including the making of grants for special purposes on

specific terms and conditions.

It thus appears that UPs virtually has no power to initiate any changes in its work process,

planning and development initiatives without the permission of the government.

III. Local Government : Macro level Institutional framework

Various institutions and agencies at national level make up the framework of the local

government field. The following section briefly outlines the main actor:

Planning Commission Planning Commission (PC) is the central planning organization of the

GOB. Planning Commission is a body of professionals and sector specialists engaged in the

formulation of the Five Year Plan and Annual Development Plans7 to translate the ideas,

7 Annual Development Programme is composed of numerous projects and are selected along the following criteria: 1.consistency with Five Year Plan; 2. implementability with designed time frame and cost; 3. financial implication andsectoral allocation during the Five Year Plan; 4. consistency with development perspectives; 5. priority to less developedareas; 6. socio-economic and financial viability; 7. sustainability and environmental friendliness; 8. assigned priority to :


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aspirations and the commitment of the government. Planning Commission uses a General

Equilibrium/Input-Output model as a technical framework for formulation of the Five Year Plans.

The PC works in close collaboration with different line ministries and functional departments. The

PC also maintains a close liaison with different donor agencies. The Commission is made up of six

divisions a) general economic division b) programme division c) socio-economic infrastructure

division d) physical infrastructure division e) agriculture division and f) industries and energy

division.

Ministry of Finance

MOF is responsible for deciding the amount of funds available for transfer to local governments,

for example the Annual Development Plan (ADP) block grants.

Ministry of Local Government, Rural Development and Cooperatives (MLGRD&C) is the

national ministry responsible for local government affairs and rural development. MLGRD&C has

two Divisions, each with a Secretary, with the Local Government Division (LGD) being the

relevant institution for this programme. There are three main institutions under LGD concerned

with Local government, namely the Local Government Engineering Department, the National

Institute of Local Government and the Department of Public Health Engineering.

The Rural Development Division of the Ministry focuses on production and employment

programmes for the poor including the development of production cooperatives, through its

implementing agency the Bangladesh Rural Development Board (BRDB).

The LGD is responsible for the regulation and supervision of local government bodies and,

through its two implementing agencies the Local Government Engineering Department(LGED)

and the Department of Public Health Engineering (DPHE) for implementation of many rural

infrastructure investments. The National institute of Local Government (NILG) is administratively

accountable to the LGD. At headquarters level the LGD, which is headed by a Secretary, has four

sections - Administration (which includes administration of UPs and Zila Parishads), Water

Supply (which includes DPHE) and Development (which includes LGED and NILG) each headed

by a Joint Secretary, and a section which combines the Planning Cell and the Monitoring,

inspection and Evaluation (MIE) Wing headed by a Director-General.

Monitoring, inspection and Evaluation WingThe MIE Wing of the LGD was formed in 198-89 to monitor and report upon the activities and

performance of local government bodies. Initially, its first priority was to monitor the UZPs, but

since their abolition in late 1991 it has focused on the UPs, Pourashavas and ZPs. It is not

a: poverty alleviation, human resource development, and creation of productive employment, b. inter-sectoral linkages,c. priority to foreign aided project.


17

empowered to monitor the activities of the City Corporations or the LGD implementing agencies

like LGED and DPHE.

The defined tasks of the MIE Wing are summarised as:

• To design and ensure a regular Row of relevant quantitative and qualitative data andinformation on local government bodies.

• To design appropriate formats for collection of data on the implementation of developmentactivities from UPs and other local government bodies.

• To analyse and check the assembled information.• To prepare and analyse annual reports and returns in order to formulate specific

recommendations for action.

The MIE Wing is headed by a Director-General who is also responsible for the Planning Cell. The

collection of data from 4.500 Unions is a major task, and the Wing works through the ADLGs

who issue the questionnaires to, and collect the completed returns from the UPs. The Wing has

defined 14 indicators for monitoring the tips which cover the staffing position, payment of

salaries and allowances, resource mobilisation, tax collection and lease revenues from markets,

holding of meetings and formation of committees; budgets, expenditure and auditing; and

development assistance and projects.

The Wing produces an annual report on the performance of UPs which concentrates on the

personnel situation, payment of salaries and allowances, and revenue collection. The report is

structured as follows:

Section 1 presents, by Division, data on the numbers of UPs achieving different levels of

performance for the key indicators. e.g. number of UPs with 5-8 staff, number with 9-12, etc.

This is accompanied by an analysis of the findings from the data.

Section 2 provides more detailed tabulated data under the different indicators and highlights UPs

which are performing badly. The tables include listing of UPs not providing personnel data,

numbers of vacant Secretary, Dafadar and Chowkidar posts; listing of VPs with staff salary

arrears above Tk.50,000; listing of UPs with a tax realisation of less than Tk.50,000. The report

presents policy and action recommendations, but these tend to be fairly generalised.

The reports are circulated within the LGD, and are available to other interested parties The MIE

Wing has a potentially very important role to play in developing more effective and accountable

local government in Bangladesh, a role which will become even more important when the UZPs

are reactivated. The MIE Wing can generate information and findings on the performance of local

government bodies which would provide the basis for effective supervision of these bodies by the

LGD, and to inform policy making, identification of training and capacity-building needs, and


18

development of more effective operational procedures. However, this potential is not being

fulfilled at present for a number of reasons:

• There appears to be a lack of motivation within the Wing. This is in part because many of thestaff are not knowledgeable about the function of, and have little interest in, monitoring andevaluation work.

• The data that is actually collected and reported focuses on administrative and tax collectionaspects of the operation of UPs. It does not cover other key aspects of the performance ofUPs such as development activities and accountability.

• The report format is inadequate for two reasons. First, it does not present data on overallperformance of UP, secondly the analysis is very generalized and the recommendations tendto be exhortations rather than specific proposals on practical actions, changes in proceduresor policy issues.

• the reports produced by the Wing are not circulated to the UPs, so they receive no feedbackin return for the information that they have provided,

• there is no formalised procedure within the LGD for review and discussion of the findings andagreement upon actions to be taken;

Office of Assistant Director, Local Government (ADLG)The LGD is represented at Division level by a Deputy Director, Local Government (DDLG) and at

District level by an Assistant Director, Local Government (ADLG). The ADLG is appointed by the

Establishment Division and is a member of the Bangladesh Civil Service Administrative Cadre,

functions as a part of the DC's office in the District and works under the day-to-day direction of

the DC. However, he is the representative of the LGD at District level and reports to the LGD -

the offices of the DDLGs and ADLGs are the only de-concentrated element of the LGD

administrative structure.

The role of the ADLG is to supervise and support the functioning and activities of local

government bodies in the Districts. His specific responsibilities are defined in various circulars and

can be summarised as follows:

• To act as the officer-in-charge of the local government section of the DC's office.• To assist the DC in matters relating to the Zila Parishad and Pourashavas.• To disburse the government contribution to the honoraria of UP Chairmen and members and

to the salaries of UP Secretaries and other staff.• To collect monitoring reports from the UPs and to submit these to the MIE Wing of the LGD.

To follow up on any proposals or requests received from the UPs. To inspect at least 10 UPsper month.

• To enquire into any allegations made against UP Chairmen, members and Secretaries and toreport his findings to the DC.

• To perform any other duties in respect of UPs as directed by the DC.

The staffing of the ADLG's office depends upon the size of the District:


19

Special and “A” CategoryDistrict

“B” and “C” CategoryDistricts

1 ADLG1 Statistical Assistant1 Upper Division Clerk1 Lower Division Clerk2 Messenger/ Peon

1 ADLG1 Upper Division Clerk1 Lower Division Clerk1 Peon

The inspection of UPs is the key supervisory function of the ADLG. The inspections are normally

carried out together with the concerned UNO, and the UP Chairman and Secretary are expected to

be present. The inspection includes examination of the UP accounts, registers and minutes of

meetings; checking of the revenue collection performance and the payment of the local contribution

to the salaries of the Secretary and other UP staff; and review of the utilisation of the budget and

the development activities in the Union. The ADLG prepares a report on each inspection which

highlights any problems and makes recommendations for follow-up actions. The report is submitted

to the DDLG and copied to the Director-General in the Local Government Division, the DC, the TNO

and the UP Chairman. However, in practice many ADLGs are unable to achieve the defined target of

inspecting 10 Unions per month.

The ADLG assists the DC in the review of the annual income and expenditure budgets prepared

by the UPs. The annual UP budget for the period July to June is submitted from the Union,

together with the signed minutes of the UP meeting approving the budget, to the UNO the

budget should be submitted by end-July each year. The UNO checks and may make

recommendations on the budget which is then forwarded to the ADLG. The ADLG inspects the

budget and pays particular attention to the provisions for payment of salaries and to the planned

local revenue collection. The ADLG can recommend changes to the DC who has the authority to

amend the budget prior to approving it. However the UP then has the right to revise its

approved annual budget without reporting the revisions to a higher-level, and is not required to

report on actual incomes and expenditures, though these are checked during UP inspections.

Local Government Engineering Department(LGED) is responsible for technical support to

Unions, Upazilas and Pourashavas regarding primarily construction and maintenance of feeder

roads and rural roads. The LGED is moreover engaged in the construction, reconstruction and

rehabilitation of buildings, schools, cyclone shelters etc. at the Upazila and Union levels. LGED,

which is headed by a Chief Engineer, has a staff of around 9500. It has 64 Executive Engineers

at the district level and 460 Upazila Parishad Engineers, one in each Union Parishad.

As a dynamic engineering agency implementing a large portfolio of donor and nationally financed

rural and urban infrastructure projects - the total value of the rural infrastructure projects during

1998-1999 by LGED exceeds US$1.3 billion. LGED’s responsibilities include:


20

• The improvement, upgrading and maintenance of FRB roads, including cross-drainagestructure.

• The development of Growth Centre market facilities.• The maintenance of important RR1 Rural Roads and the maintenance of cross drainage

structures on Rural Roads.• Implementation of small-scale water resources, irrigation and flood control schemes• Urban infrastructure development in secondary and rural towns.• Execution of construction works on behalf of other Ministries, e.g. construction of cyclone

shelters and primary schools.• The provision of technical supervision and advice to local government bodies, particularly the

UPs to assist those bodies in fulfilling their responsibilities for planning, implementationoperation and maintenance of rural infrastructure.

LGED has developed a plan book, as a model manual, for all Unions and Upazilas to be used

when preparing their annual and five year plans. LGED has been involved in the development of

local-level planning systems. It has produced a set of printed maps far every Thana in the

country - base map, road map, and water resources map and has established a Geographic

information System (GIS) Unit. At field level, LGED has a very substantial influence on !he

planning, contracting and implementation of local infrastructure works.

LGED has introduced the concept of Labour Contracting Societies (LCS), which are now used by

several agencies. The LCS is a procedure for forming and contracting with groups of

disadvantaged rural people, including poor women, to undertake unskilled infrastructure works,

most commonly earthworks, so that benefits of employment are directly targeted at poor. It has

also developed the concept of tree plantation and caretaking along the embankments slopes of

rural roads. The threes are cared for by groups of poor women who also own a share of the

tree,. so that the system provides benefits to the poor at the same time as enhancing the

environment.

Department for Public Health Engineering (DPHE)The DPHE is responsible for the planning and implementation of public water supply and

sanitation schemes in Municipalities (Paurashavas) and rural areas, including support to improve

water supply and sanitation in communities, and in public facilities such at schools. It

implements, or makes contributions to, a series of government and donor financed programmes.

The DPHE has a fully established office in every District, headed by an Executive Engineer, and

an Assistant Engineer (AE) is posted in every Upazila. The responsibilities of the AE include the

planning and supervision of projects, maintenance of public water supply and sanitation facilities,

and the provision of technical supervision and advice to the UPs.


21

National institute of Local GovernmentThe NILG is an autonomous organisation established by an Act of Parliament in 1969 and

accountable for its administrative management, budgetary allocation and financial disbursements

to the LGD. The work of the NILG is directed by an Executive Committee chaired by the Minister

of Local Government.

The NILG is the lead organisation of the GoB for providing training to local government (UP and

Pourashava) representatives, to UP and Pourashava Secretaries and to government officials who

work with local government bodies, particularly ADLGs and UNOs. It has a regular annual

programme of training courses. It works through the ADLGs and the TN0s to organise training,

and conducts many of its regular training courses at local level. The focus of training for UPs has

been on the Chairmen and Secretaries, but more attention is now being given to training of other

elected UP members.

The NILG is headed by a Director-General and has three sections Administration. Training, and

Research and Publications. The NILG is currently acting as the Executing Agency for the UNDP-

supported Building Capacity for Local Governance Project.

Other agenciesOther agencies which provide training for local government bodies include the Bangladesh

Academy for Rural Development (BARD), the Rural Development Academy (RDA). The Rural

Development Training Institute (RDTI), and LGED and DPHE. All of these are under the

administrative jurisdiction of the Ministry of Local Government, Rural Development and

Cooperatives(MLGRD&C).

Association of Union Parishad Chairmen - Association of Union Parishad Chairmen(and Members)The Association started in 1994 with the purpose of acting as an apex body that represents the

interests of the Union Parishads at central government level. All elected members of the Union

Parishads, not just the Chairmen, are members. There is a Central Committee of 185 members

last elected at a General Assembly in 1998. The Central Committee should meet quarterly, but

appears to meet more often. There are 15 women members of the Central Committee; three of

them are Union Parishad Chairmen while the other 10 are ordinary members of Parishads. The

Association is legally registered with a constitution, and maintains records of its activities through

a Proceedings Book and an Annual Report. The Association is not affiliated to any political party.

The members of the Central Committee include members of all major political parties.


22

There is no office, no staff and no international contact to other local government associations.

The Central Committee members pay Taka 200 per month to finance the work of the Association.

The Secretaries (appointed staff) of the Union Parishads have their own association, as do the

village policemen who are also appointed by the Parishads. These act as trade unions whose

interests are sometimes not in harmony with the interests of the association of chairmen and

members.

Association of Union Parishad Chairmen in Bangladesh so far has had a equivocal existence

without any impact on the functioning of Union Parishads or their strengthening. In 1999 the

Association prepared a 12 Point Demand to present to central government. This list includes the

major issues that are of concern to Union Parishads today. These include increasing revenue

raising powers of the Parishads, having authority over staff, increasing the financial limits for

handling of local court cases, improving the conditions of the chairmen and members, etc. The

list has been presented to the Minister of Local Government Rural Development and

Cooperatives, but positive responses have not been received as yet.

IV. Planning System at different levels

Development planning in Bangladesh can be broadly divided into three categories: National

Planning, Sectoral Planning and Sub-National Planning.

National PlanningThe Planning Commission is the body dealing with national planning in Bangladesh. Following

Independence m 1971 the Provincial Planning Board which had existed during the East Pakistan

period was converted into the Planning Commission. Initially the Planning Commission and its

Members had very high prominence in the national development process, but in 1975 its status

was downgraded to a great extent. Subsequently the Planning Commission was given a more

advisory role and some planning responsibilities was delegated to the Ministries. Planning Cells

were created in each of the Ministries to enable them to fulfil their planning responsibilities.

Instructions and Guidelines issued in April 1984 define the functions of the Planning Commissionas follows:

• Macro-planning for the country for the medium and long term.• Determination of priorities and resource allocation for development purposes.• Economic research, study of economic issues and formulation of economic policies.• Evaluation of the economy and development programme on periodic basis.• Preparation of Annual Development budget.• Processing and monitoring of Plan implementation.• Project initiation and project processing including authorization of development projects.• Coordination between sub-sectors and sectors and between strategy and programming.


23

• Appraisal and evaluation of projects with respect to employment creation, energy use,technology choice, price decisions, etc.

The Planning Commission itself recognised some time ago that a centralised planning system “is

neither acceptable nor conducive to development planning a non-socialist country... centralization

of planning in such an economy will stifle productive initiative and in all probability will become

counter-productive. Only a decentralized planning arrangement will suit such economy” (GOB,

1984). Planning Commission continues to fulfil its defined functions. A key responsibility of the

Planning Commission is the preparation Five Year Plans.

Sectoral Planning : Line Ministry Planning ProcessThe national government includes line Ministries with specific social and economic sectoral

responsibilities. These Ministries are authorised to address the developmental issues falling under

their sectoral jurisdiction. The line Ministry system tend to compartmentalize development

responsibilities, resulting in low interaction with other agencies involved in related aspects of the

development process. The vertically integrated administrative system, with each Ministry having

its headquarters located in Dhaka and offices at different sub-national levels (Division, District,

Upazila etc) creates a vertically linked decision-making procedure. The planning process in the

line Ministries is a reflection of this vertically integrated administrative system. Each Ministry or

Department has its own programme independent of other Ministries operating in the same

geographic area, with little or no horizontal coordination. One major weakness of this system is

that the local government bodies are not consulted in decision-making during the sectoral

planning process.

The significance of this compartmentalisation of development activities is well reflected in the

manner which the government allocates funds. A large part of the annual development budget is

allocated to line Ministries, which apply their own planning processes to determine the allocation

of these funds to projects. The officials of the line Ministries posted at sub-national level are

involved to a greater or lesser extent in the identification of possible projects, based on their

knowledge of the local situation and problems. Identified projects are submitted to higher levels

for approval. At the national level, the Planning Cells in the line Ministries - headed by officials

from the Economic Cadre of the Bangladesh Civil Service appraise the project proposals and

choose the projects for inclusion in their annual plans.

In general, the planning process under the vertically compartmentalised line Ministry system

takes little note of the real needs of the local people. Those projects which are identified at local-

level tend to reflect either the views of the sub-national officials of the ministries or proposals

suggested by the local elite. However, there is now evidence of attempts by some lone Ministries


24

to modify their planning processes in order to address the problems perceived by the target

groups of development. An approach introduced by the Department of Agriculture is one of such

attempt to deviate from the conventional way of planning.

There are two existing local level mechanisms that could be used to both ensure coordination

between ministries and project planning and to give the local government bodies a role in central

government development planning - the District Development and Coordination Committee

(DDCC) and the Union Development Coordination Committee (UDCC). Deconcentrated

government administration and line agencies are represented on these Committees together with

the local government bodies. However, in practice neither of these Committees operates as a

forum for serious consultation and debate about the preparation of sectoral plans for the

different line Ministries. Rather, in the case of the DDCC the emphasis is on coordination and

monitoring of the implementation of development activities. In the case of the TDCC, its

coordination role tends to be negative rather than positive. It is a mechanism for line agencies to

influence the use of those development funds which flow to local Government bodies (most

notably the Block Grant for Union and Thana Development) and to ensure that the planned use

of these funds does not conflict with their own sectoral plans.

Many donor-supported investment projects implemented by line Ministries are now encouraging

more participatory approaches to planning which may or may not involve local government

bodies. However these tend to introduce their own 'project led' planning methodologies, which

may vary from donor to donor and are often carried out by consultants, to select the investment

schemes to be financed. As a result the more participatory planning processes are not

institutionalized within the concerned Ministries rather they are perceived as an 'external'

procedures which have to be applied in order to access the funding.

The need for planning at the sub-national level, and particularly for local-level and area-based

planning, as a mechanism for developing the socio-economic conditions of rural people has long

been recognised in Bangladesh. But the sub-national planning did not work because of:

a. The failure of top-down planning to be realistic due to lack of proper participation andappropriate feedback from planning bodies at the sub-national level.

b. The failure of the conventional planning mechanism in ensuring the participation of localpeople in the planning and implementation process.

c. The failure of top-down planning in mobilizing local resources in full and their optimumutilization.

d. The failure of conventional planning to reflect adequately local needs.e. The failure to stop the perpetuation of age-old patron-client relationships.f. The repeated failure of conventional planning to improve the socio-economic condition of

disadvantaged groups at whom specific development programmes are aimed.


25

A more recent analysis of the situation prevailing Bangladesh observed that “The planning and

investment programming is largely done at national level. As allocation of the national budget is

basically sectoral, it does not fully consider the regional and local needs and priorities. The

preparation, processing and implementation of projects are delayed because of overloading in

the Planning Commission and Ministries, distant control, retention of decision-making and

supervision power in Dhaka” 8.

Local-Level PlanningThe roots of local-level planning in Bangladesh lie in the Comilla Model of rural development

which comprised the Rural Works Programme, the Thana Irrigation Programme, the provision of

training through the Thana Training and Development Centres and the formation of farmer

cooperatives and Thana-level associations of these cooperatives. This model provided a

framework for local-level planning with the Thana as the basic geographic unit. However, it was

not until the Upazila Parishads (UZP) were formed in 1982 that there was no institution at Thana

level with statutory planning powers and a degree of authority over the operation of government

line agencies at that level. The provision of Central government Block Grant to the Upazilas

provided development funds over which the UZPs had decision-making power. However, the

establishment of effective, integrated area-based planning at Thana level was inhibited by two

factors. First the strict guidelines over the allocation of the Block Grant different sectors

constrained the planning autonomy of the UZPs. Second, line Ministries retained their authority

for the preparation of sectoral plans.

There are currently three defined procedures for local-level, area-based rather than sectoralplanning in Bangladesh:

• UPs are supposed to produce annual and five-year development plans in accordance withguidelines prepared by the LGD. However, in general this is not done, and even if coherentplans were produced, it is unlikely that they would influence sectoral planning by the lineMinistries.

• UPs are supposed to produce and update a Union Plan Book. This concept has existed formany years, but the current procedure was developed by the LGED. The Union Plan Bookcomprises a series of maps that present an inventory of the extent and condition ofinfrastructure and physical facilities within the Union, together with the identified priorities fornew construction, upgrading and improvement. Although the Union Plan Book is restricted toinfrastructure and physical facilities it is a potentially useful local-level planning tool, but inpractice the system has not been applied effectively:

a. not all UPs have prepared Union Plan Books, and fewer have updated them;

8 Ali, Q.A. Decentralized Administration in Bangladesh , Dhaka UPL:, 1995


26

b. where Union Plan Books have been produced, the identified investment priorities donot bear any realistic relationship to the resources likely to available they are somesort of 'wish list' rather than resource-based plans;

c. the Union Plan Books have been prepared by the UPs with advice from the LGEDThana Engineers. There has been no participation by communities in the Unions inthe preparation of the Plans.

• There is a similar procedure, again developed by LGED, for the preparation and updating of aThana Plan Book. However observations reveal that :

a. in the absence of a planning body at Thana level, it has been the ThanaEngineer and his staff who have essentially been responsible for preparing theThana Plan Book, in consultation with the UP Chairmen;b. there is little or no evidence to indicate that the Thana Plan Book is actuallyutilised to any significant extent, even by LGED, to plan the allocation of thedifferent investment resources that flow to Thana level.

Thus, the reality is that at present there is no coherent, area-based and integrated local-level

planning process which identifies, selects and prioritises development activities across different

sectors, and relates these to the sources of funds to be used for implementation. In practice

there are a set of different, separate and largely sectoral planning procedures, depending on the

source of funds. The degree of participation in these planning procedures is limited.

As a matter of fact, LGED takes a lead role in local level planning:

• it receives some government funds for implementation of rural road investment andmaintenance works. Essentially, it is the LGED offices at District and Thana level whichdetermine the use of these funds, though there is a degree or consultation with UP chairmen.

• LGED implement a series of donor-sponsored rural infrastructure projects in different parts ofthe country. These projects tend to concerned with specific types of infrastructure like roads,markets or small scale irrigation. The more recent projects are introducing more participatoryprocedures, though the level of participation varies:

a. consultation with local government bodies on selection of specific investment schemes,e.g. roads for upgrading or markets for improvement;b. financing of small infrastructure schemes selected by the UPs through a participatoryprocess, and requiring a financial contribution from the UP;c. direct beneficiary participation in the planning and implementation of specific schemes,e.g. small irrigation schemes.

• Food-aid is channeled through LGED for specific types of rural infrastructure construction,improvement and maintenance work, and in some cases it is the Union Chairman or the UPthat determines the schemes to which the food-aid will be allocated. However, there is littleor no community participation in this selection process, which is itself often subject to higherlevel approval.

The allocation of the annual Block Grant for Union and Thana Development is decided by the

TDCC based on proposals made by the UPs. However, the preparation of the proposals at Union


27

level is non-participatory, and the very strict guidelines for use of the Block Grant unnecessarily

constrain the planning autonomy of the UPs and the TDCC.

UPs have the authority to decide how to use locally-raised revenues for development activities in

the Union. However in practice, the amount of money available for development activities, after

the recurrent operating costs of the UP have been met is extremely small.

Some government and donor food aid flows to Union level for prescribed development activities.

UPs determine the specific schemes to which such food-aid is applied, but their decisions are

subject to higher-level approval.

Participatory Planning in FFYP

The Fifth Five Year Plan reiterates the need for participatory rural development in order that the

poverty alleviation objectives are to be achieved. It emphasises that:

• Union Parishads must be the focal point of local government for participatory ruraldevelopment. Decision-making powers should be devolved to local government bodies whichat the same time must be made accountable to their electorates.

• The Gram Parishads will complement the UPs, and a process of social mobilisation and grass-roots consultation should be adopted so that rural people identify and prioritise their needsas the starting point of a bottom-up planning process.

Accordingly the Five Year Plan proposes a procedure for integration of village, Union, Upazila andZila level plans and stated that:

• by December each year the UPs will collect from the Zila and Upazila Parishads the list ofexpected projects and programmes of central government and NGOs that are relevant totheir Unions.

• by the following March the UPs will integrate their own plans, based on the identified needsand priorities of the villages with their Unions, with these projects and programmes throughdiscussion with government officials and other concerned persons.

• at Upazila and Zila level the integrated development programme will be further scrutinised toidentify and address any gaps; and,

• implementation of the development programme will begin in July, the start of the financialyear.

The need for integrated, area based and participatory planning is explicitly acknowledged in the

Five Year Plan – but much remain to put this concept into practice.


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V. Local Level Resource Mobilisation and development management

Local level resource mobilisation in Bangladesh has been very poor and could not cater to the

needs of local governments towards building physical infrastructures and providing local public

services. There are two sources of resource for local governments: (a) collection of taxes and

non-tax revenues such as various fees and tolls, incomes from hats, bazars, jalmahals etc;. and

(b) grants from the central government. Local governments depend heavily on the central

government grants. Own revenue income of Union Parishads barely covers wages and salaries of

staff and requires government grants for their development expenditures.

Local governments, except Municipalities and City Corporations, rely on a very few sources for

raising revenues. Zilla Parishads depend mostly on the immovable property transfer tax (IPTT).

Union Parishads mainly rely on chowkidari tax. This calls for broadening the tax base in order to

enable the local governments to generate more revenues.

The table below shows the comparative picture of sources of resource of Local government units

in Bangladesh.

Table 2: Sources of Income of Local Government

Local Government Unit Sources of IncomeZila Parishad (Proposed) Tax / Rates/ Tolls/ Fees

Tax on Transfer of immovable propertiesTax on advertisementToll on roads, bridges and ferries maintained by the ParishadRate on welfare activities undertaken by the ParishadFees from the school established by the ParishadFee from special services provided by the ParishadAny other tax empowered by the government

Other sourcesIncome from the properties of the ParishadGrants from Government or other sourcesIncome from investment

Source: Second schedule of the Zila Parishad Act 2000

Upazila Parishads (Proposed) Tax / Rates/ Tolls/ FeesLease of hats and bazaar, Jalmahal, Ferry ghatsTax on commercial ventures, industries within Sadar Thana, providedthere is no MunicipalitiesTax on Cinema (where there is no Municipality)Tax on Theater and JatraRoad light taxAmusement tax on privately organized fair, exhibitionLicense and permit fees on occupation and businessFees on services provided by the Parishad1% of the registration fee of the transfer of properties2% of the Land development taxTax from any other sources approved from time to time by theGovernment

Source: Fourth Schedule of the Upazila Act 1998.


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Other sourcesAll income / profit from the vested property of the ParishadAmount received as salaries, allowances and other expenses for thetransferred staff under the Article 24 of the UpazilaGrants from any individual and or organisationsAll grants made by Government and other authoritiesProfits from investmentsProceeds from sources of income as the government may place at thedisposal of the UP.

Source: Article 35 of the Upazila Act 1998

Union Parishads Tax / Rates/ Tolls/ FeesRate on annual value of homestead and residential land adjacent theretoor Union rateRate for village police

Fees on birth, marriage and feastCommunity tax on adult males of the union for civil works aimed atproviding public welfare.Fees for specific welfare or maintenance of public utility service renderedby the UP.

Source: Third Schedule of the Local Government (Union Parishad)Ordinance, 1983.

Other sourcesAll rents and profits from property vested under UPAll sums contributed by individual and other authoritiesAll receipts from trust funds under the management of UPAll grants made by Government and other authoritiesProfits from investmentsProceeds from sources of income as the government may place at thedisposal of the UP.

Source: Article 43(2) of the Local Government (Union Parishad)Ordinance, 1983.

Gram Parishad (Proposed) No given source of incomeHowever UP will provide the cost for purchasing “paper, pen, ink,registrar” to undertake socio-economic surveys and registration of birthand death, marriage and divorce.Source: Gram Parishad Act 1997, Section.16

Union Parishads receive income from four sources:- Government revenue budget for honoraria and salaries. In fact not all of this money flows to

a UP bank account. The ADLG receives, on time, a quarterly allocation of revenue fundsfrom central government which he then distributes to the TNO. The TNO pays thegovernment contribution to the salaries of the UP staff direct to them, and issues a cheque infavour of the UP Chairman for the honoraria of all members of the UP.

- Locally collected taxes and fees, which are collected by the Chowkidars and others, often ona commission basis.

- Revenue from market leasing.- 1% land transfer tax.

A recent Survey data indicated that the average local revenue collected per annum is about Tk.

63,765 per Union, ranging from Tk. 23,000 to Tk. 118,000. This equates to about Tk. 2.25 per

inhabitant of the Union per annum, or about Tk. 4.5 per adult; the revenue actually collected was

only about 36% of that budgeted.


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Union income is used predominantly to pay the operating costs of UP and that a very little money

is left for development activities. The first call on funds available for development activities tends

to be the LGED/CARE Road Maintenance Programme (RMP). The RMP operates in most Unions in

the country, and utilized monetised Canadian food-aid to pay disadvantaged women to undertake

routine maintenance of earthen roads in the Unions.

Evidence suggests that UPs are not exploiting effectively their powers to raise revenue,

particularly from business activities, leasing of water bodies, and infrastructure investments e.g.,

from users /beneficiaries of improved markets and roads. Although various collection methods

are used - salaried tax collector, collection agent on commission basis, and village police on

commission basis , UP members still have significant direct involvement in revenue collection.

Given this direct relationship, many UP members are understandably reluctant to impose or

collect taxes because they believe it will adversely affect their prospects of being re-elected.

A further factor is that the significant potential to collect revenue from market leasing is not fully

exploited. Although the annual leasing is by sealed competitive bidding, however in practice, the

auctioning system is much less than fully competitive. A survey of 20 markets carried-out as part

of the RDP-7 Upazila Financing Study (1991-92) showed that on average the net income to the

leaseholder from leasing a market - i.e. the toll revenue less the lease and the operating costs -

was over 300% of the amount paid to lease the market In 65% of the cases the return was more

than 200%. Based on data from eight markets studied in detail under an RDP 7 socioeconomic

monitoring exercise, the net income to the leaseholder is more than 250% of the lease value.

The feasibility study for the ADB financed Second Rural Infrastructure Development Project found

similar results. This evidence suggests that lease values reflect controlled and uncompetitive

lease bidding, rather than the income potential of the markets. The development of a more

transparent and truly competitive lease bidding system could double lease values, and so

generating substantial additional revenue for the local government bodies is yet to yield high

returns to the leaseholder.

Block GrantsThe nationwide budget allocation for the Block Grant for Union and Upazila Development was Tk.

2,232 million in 1999/2000. The allocation between Upazilas is made using a formula with the

following weights - Population 40%, land area 30%, and degree of backwardness 30%. The

degree of backwardness is determined based on the transport conditions, literacy rate, nutrition

status and unemployment rate in the Upazila, using data provided by the District Statistical

Officer.


31

On average, the current budget equates to an allocation of about Tk. 4.81 million per Thana (i.e.

about Tk. 0.41 million per Union) per annum. The Upazilas under Kurigram district received an

average amount of Tk. 5,887,230 as block grant during the financial year 1999-2000.

(Bhurangamari Tk. 4931883 Chilmari Tk. 4225180, Nagashari Tk. 5983899, Phulpur Tk. 8782103,

Rajibpur Tk.3624486, Roumari Tk. 4228559, Rajarhat Tk. 4932549, and Ulipur Tk. 10389183)

The guidelines for allocation between sectors of the Block Grant (Government Circular of 25th

October 1993) are set out in Table below. The guidelines also state that priority should be given

to:

- Completion of unfinished Rural Roads and maintenance of finished schemes.- Construction of bridges/culverts on Rural Roads, particularly where one or two structures will

give complete access along a road.- Projects which facilitate inter-village and inter-Union communication, and bring benefits to

the people.- Road-side tree plantation.

Table 3: Guidelines for Allocation of Block Grant

Sector Min(%) Max (%)Agriculture and irrigationIntensive crop production, seeds programme, pond and tank excavation, social afforestation,fisheries, poultry, cattle, etc. Small-scale water resources, drainage, irrigation, and flood control.

15 30

Transport and CommunicationConstruction, repair and maintenance of Rural Roads, small bridges and culverts.

25 60

Physical ActivitiesProvision of water supply and sanitary latrines

10 15

Education and DevelopmentRepair and development of primary and mass education institutions and supply of teaching aids.

10 25

The Block Grant is released by central government to the Thanas in two equal installments, the

first normally during the period August to October (the Fiscal Year is from July to June) and the

second in January/February.

Certain limitations of Block grants procedures inhibit the planning autonomy of UPs.

- First, the guidelines for allocation of the funds between sectors are considered to be undulyrestrictive in terms of responding to different local problems and priorities in differentThanas. There tends to be an emphasis on financing rural roads schemes. Particularly'Transport and Communication' has the largest sectoral allocation and roads schemes arealso sometimes financed under the 'Agriculture and irrigation' Sector.

- There is some evidence that the Thana representatives of line agencies, and the Members ofthe Parliament exert pressure for the Block Grant to be applied to the project which theyregard as their priorities.


32

Income from LeaseA UP may lease one or more markets within the Union boundaries whose lease value does not

exceed Tk 100,000 per annum. All other markets are leased by the Thana. Leases are let

annually and by competitive bidding. Responsibility for the management and overright of the

annual leasing process lies with the concerned DC, but day-to-day responsibility is delegated to

the UNO. The leaseholder buys the right to collect tolls from market users. The official toll rates

are set by the DC, and reviewed every five years.

Each leased market is managed by a Union Market Management Committee (UMMC) which is

responsible for the operation and security maintenance of the market. The membership of the

UMMC comprises:

- UP Chairman (chairman of the UMMC)- Three UP members, plus one woman member, all to be nominated by the UP.- One Government Officer in the Upazila to be nominated by the UNO.- One Teacher from a High School in the Union to be nominated by the UNO- The Union Tahsildar (land revenue officer).- Two Representatives of the shopkeepers and traders in the concerned market.- The Union Secretary who also acts as Secretary of the UMMC.

In practice many UMMCs are not effective and the markets are not adequately maintained nor

the leaseholders are properly supervised.

The distribution of the revenue from market leasing is shown below:

- 25% of the revenue is transferred to central government.- 10% to the Upazila.- 15% of the lease revenue is allocated to maintenance of the concerned market, and this

allocation can be increased to 25% for a market which has been improved under a ruralinfrastructure development project

- The balance of 50% is allocated as: a. For small markets with a lease value up toTk.100,000 to Union development activities , b. For larger with a with a lease value of morethan Tk. 100,000 to Thana development activities. In practice this amount is again re-distributed among the Unions in the Thana.

Table 4: Distribution of Market Lease Revenue.

Distribution Market Leased byUnion Parishad Upazila

Central government as land revenue 5% 5%Central government as market/ bazaarrevenue

20% 20%

Union Parishad account fordevelopment and management of themarket

15% 15%

Upazila account to be spent formarket development and disaster oremergency work in the Upazila

10% 10%

Remainder 50% for UnionDevelopment

50% for Upazila Development


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Other lease incomeUPs have authority to lease rural ghats-within their boundaries with a lease value of less than

Tk.20,000. Arrangements for distribution of lease revenue, and for operation and maintenance of

the ghats, are not formally defined in the same way as for markets, and in practice the ghat

lease revenue remains with the UP. UPs are also authorized to lease waterbodies on khas

(government owned) land within the Union boundaries with a lease value of less that Tk.30,000.

Food Aid to Union ParishadsFood aid, from government and donors, flows to Union level for a range of activities. Small scale

schemes (mostly on maintenance and development of earth roads) are prepared by the UP

Chairman, sometimes with or without consultation with the UP members. The projects are then

implemented through a Union level Project Implementation Committee (PIC). Most members of

the PIC are handpicked by the UP Chairman.

Implementation of development projectsA UP is authorised to implement not more than five Block Grant projects with a total value not

exceeding Tk.50,000 in any given year. In other words the UPs can only implement Block Grant

projects with a value up to Tk.10,000 each. For these projects, a Project Implementation

Committee (PIC) is formed comprising 5-7 members including the UP Chairman, a Ward member

of the UP, a school teacher, the Imam of the local mosque and local elite. The female members

are supposed to the chairperson of at least one-third of the total PICs of the UP. The

membership of the PIC must be approved by the UDCC, and one person cannot be Chairman of

more than one PIC. The Block Grant funds for the project are transferred to the PIC Chairman as

a lump sum, and s/he is then responsible for all payments and for accounting for expenditures.

The PIC can engage petty contractors, or employ local people, to undertake the works.

Implementation of most projects financed by the Block Grant is through a Project Supervision

Committee comprising the relevant Union Chairman, a member of the concerned government

agency at Upazila Level, a Sub-Assistant Engineer nominated by the LGED Thana Engineer, and a

Ward member of the concerned UP. Construction and procurement contracts are tendered

through a Upazila Tender Committee and let by the Upazila Engineer after approval by the UDCC.

The relevant Union Chairman the UNO and the Upazila Engineer sit on the Tender Committee.

The UP is responsible for visiting the schemes regularly and reviewing progress, i.e. it has a

monitoring function. Infrastructure works are supervised by the Upazila Engineer and his staff.

Funds for works tendered by the Tender Committee do not flow through the concerned UP

accounts, they are managed at Upazila level with approval for payment by the TNO and the

Upazila Engineer.


34

Other UP projectsIn addition to the block grant projects UP undertakes some other development project. Following

matrix presents a summary of these projects

Name Of TheProject/Programme

Management Structure Of TheProject/Programme

Role of The Project Committees

1. Food For WorkProgramme (FFWP)

It is managed by a Project ImplementationCommittee (PIC).A PIC is composed of following members:1. Chairman/person2. Member (Male) (1)3. Member (Female) (1)4. Social Worker (1)5. School Teacher (1)6. Ansar/VDP member (1)7. Labour representative (1)

a. Chairman and Secretary of the PIC will beheld responsible for the overallperformance of the project.

b. Acknowledging the responsibility,Chairman and Secretary will sign acontract on a non-judicial stamp ofTk.50.

c. The PIC will be accountable to the UPthrough the UP Chairman.

d. PIC will be responsible to withdraw,storage and distribution of the wheat.

e. To measure the work of the labourers.f. To keep the account and records of the

project.g. Ensure the distribution of food on given

rate and amount.h. Ensure the implementation in line with the

design and track.i. Maintain the records like: a. Regular

Master Roll (RMR); b. Short Master Roll(SMR)

j. Immediate after the completion, a ProjectCompletion Report has to be preparedin a given format.

2. Rural MaintenanceProgramme (RMP)

There should be a 5 to 7 member ProjectImplementation Committee constituted bythe UP.The Committee members would include:a. Chairman of the UPb. One UP Member of the concerned

Wardc. VDP leaderd. One Imam ande. a social elite.

Elected Female member of the concernedward will act as the UP Monitor for theproject.

a. Create the opportunity for employmentof destitute women.

b. Maintenance of the important andFeeder B type roads within the Union.

3. Vulnerable GroupFeeding (VGF)

The PIC is composed of followingmembers:a. Chairman of the UPb. Block Supervisorc. UP Family Welfare Assistantd. Field Assistant of BRDBe. A noted women representativef. One UP memberg. UP Secretaryh. A representative of Bank/Post Officei. One VGF card holder.

The role of VGF committee includes thefollowing:a. Distribution food on specific dates.b. Preserve and Maintain the list of

beneficiaries, attendance registrar, andreport of the food expenditure.

c. Ensure the distribution of food in exactamount.

d. Prepare the Food expenditure report andpresent it to the Project ImplementationOfficer (PIO).

e. Ensure that a signboard is maintainedshowing the amount of food received.

4. Post Flood RoadMaintenance (PMR)

The PIC is composed of 5 to 7 members.Members include:a. Chairman of the UPb. UP member from concerned Wardc. One School Teacher

a. Responsible for the properimplementation of the project.

b. Ensure the erection of a signboardshowing the project in the project site.

c. The Committee will appoint a


35

Name Of TheProject/Programme

Management Structure Of TheProject/Programme

Role of The Project Committees

d. One Freedom Fightere. One member of VDPf. One women representative.

supervisor. He will maintain theattendance registrar/ list of thelabourers, stock of wheat/ transportand other costs.

d. Ensure the proper distribution of wheatto the women labourers.

5. Test ReliefProgramme (TRP)(during Floor ordisaster)

The Test Relief Implementation Committeeis composed of 7 members. Membersinclude:a. Chairman of the UPb. One Male UP member from concerned

Wardc. One Female UP member from the

concerned Wardd. One School Teachere. One Imamf. Local VDP Leaderg. One Social elite.

The Project Committee will be responsiblefor the overall implementation of the projectand proper distribution of food.

6. Old Age AllowanceProgramme

Ward member of the Union will act as theChairmen and the Female Member of theWard will act as the Vice Chairman of theselection committee.'

There is no formal committee of the UP forthis programme.

VI. Institutional, Management, and Operational issues of UP

The prevailing local government structure in Bangladesh is not very strong. They are not self-

governing institutions. They work principally as subservient bodies to central authorities which

control their activities through circulars, directives and financial allocations. They have poor

resource base, making them incapable of performing their mandatory and optional functions.

The power and authority of UPs are minimal compared to field administrative units, and it has

difficulty in utilising the little authority it possess. UP officials have inadequate understanding of

their tasks and responsibilities. Many of them lack adequate managerial skills, including basic

skills of record keeping, collection and dissemination of information, policy and project

formulation, participatory decision making and also rudimentary leader-ship skills. A study

undertaken by CARE ( UPWARD Base Line Survey, 1998) revealed that local government leaders

do not have basic resources such as office supplies, means of communication, transport, record

keeping facilities, the necessary information or libraries. The limited number of staff and low level

of their knowledge and skills make it difficult for the UPs to act with efficiency and effectively.

Lack of Autonomy Though the Constitution of the country requires representative local bodies at each administrative

unit, no elected local government has been at place at the District and Upazila Parishad levels for


36

a long time. According to the Constitution all government departments at these levels are to be

placed under elected representatives. Although a decentralised structure has been established

there has been no real devolution of powers to local bodies except at Upazila level during 1982-

83 to 1991-92. Government control on local government bodies is all pervasive and strict. Laws

and rules are made by the government without consulting elected representatives of local bodies.

Budgets are to be approved by government officials and clearance obtained for appointment of

staff. Government prescribes the heads from which revenue can be collected and the activities to

be undertaken. Inspection and enquiries are made by government officials against elected

representatives. Moreover, elected chairmen and members/commissioners may be removed and

the work of local bodies suspended by the government under certain circumstances. There is no

independent authority to check against government interference into the day-to-day activities of

local bodies and its authoritarian supervisory role over them. Evidently, power has devolved half-

heartedly and as a consequence there is only little autonomy, and the local government bodies

have become mere adjuncts to the government machinery.

Developmental functions that fall under the jurisdiction of the UPs are also administered by different

national government agencies, such as, family welfare, education, public health, social welfare, etc.

In this respect, the exact relationship and demarcating lines between these government

departments and the UP are inadequately/ vaguely defined.

More precisely,

w legal framework / ordinance is control oriented and do not ensure or facilitate the process of

devolution

w Some of the rules are outdated and inconsistent with the sprit of decentralization/ devolution

and also with the LG ordinance

w Legal frameworks do not provide adequate provision for capacity building of UP and limits the

scope to initiate change.

Centre – UP Relationship- Pervasive Central controlIn Bangladesh, relationship between the national government and the UP has been authoritative

in nature always heavily in favour of the national government. Besides, various regulatory

mechanisms, the national government primarily exercises its control over UPs through its field

level functionaries such as the Deputy Commissioner (DC) and the UNO, heads of district and

Upazila administration respectively.

Union Parishads functions are guided and regulated by a plethora of intricate and complicated

orders and circulars from different agencies/ ministries which very often contradict the spirit


37

original legal framework. Under the law, the national government enjoys sweeping powers over

the UPs. The government is empowered to carry out inquiries into the affairs of UPs. And after

such inquiry, if the government is satisfied it can suspend an UP and in extreme cases even

dissolve it. Such provisions render UPs vulnerable to the whims of the government.

The national government also exercises financial control over UPs in different ways. The annual

budget of the UPs are scrutinized and approved by field level government functionaries

The UPs are also subjected to functional control of the government. The LG Ordinance requires, a

UP to constitute a number of Standing Committees and for the formation of any additional

committee it needs the formal approval of the DC

Political dominanceFor, whatever may be the political background of an individual chairman of a rural local body he

would invariably tow the political line of the ruling regime for smooth flow of funds. He may do

so from the fear of losing the government grants or strong governmental action like suspension

and suppression as well. As a matter of fact, this has become a common pattern in the case of

local government in Bangladesh that government would find it easy to mobilize the local bodies

for its political ends and the local bodies also would readily respond. In is to be noted that in all

successive regime, the Secretary General of the ruling party, almost by default assumed the

portfolio of Ministry of Local Government. The Secretary General of the Party cum Minister of

Local Government effectively used the local government to strengthen their party base in the

rural areas through the Union Parishads.

Unclear Division of roles and functionsRole and functions of UP are wide ranging and all embracing and had no correspondence to

resources at its disposal. Moreover, the list of functions did not take into account the activities of

government department within the jurisdiction of the UP in order to rationalize and streamline

their activities.

Developmental functions that fall under the jurisdiction of the UPs are also administered by different

national government agencies, such as, family welfare, education, public health, social welfare, etc.

UPs virtually have no scope to get involved in the implementation of development projects

initiated by these agencies at the local level. With respect to these functions carried out by the

governmental agencies, UPs have no authority other than reviewing and reporting to the Upazila

Nirbahi Officer (UNO), a national government functionary.


38

Physical facilitiesUnion Parishads lack adequate physical facilities and logistics. The office buildings of most Union

Parishads are old and dilapidated. They are too small to accommodate the office, meeting hall

and other facilities. Though a new upgraded model of Union Parishad complex has been designed

and adopted by the government, its implementation is slow. At present only one complex at each

district is being constructed with government funds. The Union Parishad complex has the

potentials of hastening decentralization by bringing government functionaries within the same

premises. Besides, it can provide one-stop service to the villagers and be the focal point of

development where activities of government, local government and community organizations can

converge.

Limited ResourcesThe tax base of most of the UP is narrow9 and as a result UP become overly dependent on

government grants for development activities. Even with the limited tax base UP are not able to

collect the potential revenue due to inadequate staff, corrupt practices, and lack of accountability

and motivation. The taxpayers also are not enthusiastic, as there is little correspondence

between taxes and work done by Union Parishads.

The Chairman and the Members of the UP do not show any interest in mobilising local resources,

specially collection of taxes, due to the lack of government compulsion and narrow political

outlook /attitudes.

ParticipationIn most cases, popular participation in the planning process was ignored due to control by

dominant classes, subordinate position of landless and bureaucratic control. For the

implementation of development projects the UPs are required to constitute Project

Implementation Committees (PIC). Local people can be inducted into these committees. But the

tendency of the Chairman is to induct handpicked favorites to the PICs. This practice negates the

very sprit of the concept of community/peoples’ participation.

Union Parishads are required to prepare 5 year and annual development plans based community

consultation. There is hardly any such development plan exist for most of the UPs.

No long term planning or operational targets were found to be present at the UPs. Insufficient

allocation of fund, UPs own financial crisis, lack of cooperation from other departments and

peoples obstruction to dig out earth from both sides of road during road construction are the

major obstacles to performing UPs development programme. Inadequate technical assistance for

9 Keeping its role and resource position in view the Local Government Commission recommended setting up a permanentFinance Commission and outlined the manner in which the financial powers of local government bodies (other thanPourashavas) could be improved The recommendation for a Finance Commission has not been accepted..


39

project preparation, lack of training facilities of the Chairman, members and technical staff,

political interference in project approval, untimely preparation of plans, late placement of fund,

lack of sincerity of project committee members and lack of supervision of scheme implementation

are also liable for creating problems in development works.

Accountability and TransparencyLocal government bodies do not display statements of accounts for public inspection, and audit

are rarely done and the reports are seldom seen by even by elected members. This lack of

transparency is the breeding ground of corruption and often makes short shrift of accountability.

The mechanism of monitoring is through the inspection and visits by the government officials

like, the UNO and the ADLG. Such monitoring is also rare. The mandatory provision of auditing of

the UP Accounts are rarely carried out. Even it is done, in most of the cases, these are not made

available to the members of the Parishad and the community.

Union Parishads are required by law to display in the UP notice board the budget and other

major decisions particularly with regard to development projects. This is hardly practiced by the

UP and the community in most cases are unaware of this provision.

Plans and GrantsInitiative has been taken at the national level for formulation of plans for local bodies. A so-called

Plan Book and guidelines have been developed and is supposed to be followed in order to outline

plans and map out requirements and demands at local levels. Nonetheless it appears that this

formalized and supposedly uniform instrument is hardly used by the UP, because it is either too

complicated or not adequate for the purpose. Rather, plans for development activities are at

present submitted as they were previously, on the basis of ad hoc lists of projects.

The present system of allocation of development funds has rendered local level planning

ineffective. The annual block grants from government have no reference to Five Year or Annual

Plans of local bodies. When the grant amount has been indicated, local government bodies send

a list of schemes to higher authorities or to higher levels of local bodies (From Union Parishad to

Upazila) for approval. Most project proposals exceed the very low limit under which local level

implementation can be undertaken, so very few funds are actually released to lower level local

government bodies. In the absence of assured grants of a certain magnitude and with a practice

of a top-down approach regarding implementation, local level planning has not taken root.

Finance and Resource Mobilization – Central Dependency


40

Union Parishads has always suffered from resource constraints. But they are legally empowered

to mobilize resources from various local sources namely, taxes, income through leasing of local

Hats and Bazars, water bodies, etc. But UPs are not entitled to receive the total resources from

such sources. These are being distributed to different tiers of administration and for other

purposes. Of the revenue generated from the leasing of the rural market, 25 percent is retained

by national government, 10 percent by the Upazila, and 15 percent is earmarked for the

maintenance of the market, and the rest 50 per cent is the entitlement of the UP. The

government also exercises financial control by retaining in its account the financial resources

received from different sources. Later these are disbursed to UPs on basis of prescribed

government guidelines.

Union Parishads receive Annual Development Plan (ADP) block grants from the national government.

But the law requires that block grants must be utilized specifically in certain sectors determined by

the central government. This seriously limits the flexibility of UPs to utilize financial resources in their

own way.

Women's ParticipationIn 1997, women received the mandate to directly elected to the UP in three reserved seats.

However subsequently the women members faced serious problems in participating in UP

functions mostly because of resistance by the chairman and male members. Such resistance

resulted due to the non specificity of the role of the members of `reserved seats` vis a vis the

members of the members of “general seats” in the ordinance. Although in response to the

problematic of participation following the UP 1997 election, some selected functions have been

assigned to the women members through government orders (i.e., membership in PIC, social

development committee, RMP selection, Tube-well selection committee etc). The legal framework

is unclear as to the role of the female members in the regular functions of the UP leading to

exclusion of women from the mainstream UP activities. This ambiguity leads to a condition of

power imbalance among the male and female members of the UP which in the long run has

significant social implication with regards to women’s empowerment in formal organization and in

the community.

Internal Management & Human ResourcesHuman capacities of UP is weak, particularly with regard to administrative and managerial skills10.

Also, there seems to be lack of awareness (among elected members) about basic functions and

responsibilities of their UP, particularly those who have been elected for the first time. There is

10 Even at the Upazila level there is a severe gap of skill and capacity. Major areas of training needs of the Thana levelofficers as assessed by a study include the following : financial and resouirce management, office Management, and


41

also some lack of clarity as regards the requirements and demands for training since no

comprehensive needs assessment has been made. Hence the training at present carried out by

various agencies with very little coordination and appears to be somewhat haphazard and

without a clear broad goal.

Committee system is one of the corner stone of the principle of participatory management at the

Union Parishad level. But it has been observed that in most of the cases these committees are

not formed or play only a symbolic role. The government circular to induct women members as

chairmen and members into these committees are not followed in most of the UPs.

UPs are required to maintain and preserve more that 100 registers (38 for general office

management, 11 for village courts, 11 for test relief programs, 21 for food-for-works programs, and

another 15 to 20 for VGDP and RMP). It is a huge task considering the managerial capacity of UP. In

effect, very few registers in the UP offices are actually maintained.

Relationship with NGOThere is hardly any institutional collaboration between UPs and NGOs working within areas under

a UP. There appears to be a “mutual mistrust” - NGOs consider that the UP functionaries are

corrupt, pro-rich and serve vested interest. UPs on the other hand, tend to appreciate the work

of NGOs but critical about their “isolationist approach”.

Based on the review of literature, empirical data 11, personal observations and interview sessions

following broad generalizations can be drawn about UP:

1. Local governments particularly the Union Parishad do play a significant role in thenational political mobilization process but its role is far too limited in terms ofdevelopment management at the grass root level.

2. UP in most cases holds a very poor image. People seem to have no confidence onthe role and function of UP as an institution.

3. UP has lost its popular image as large-scale and open corruption has characterized theinstitution.

4. Time series data on the UP leadership reveal that in post-independent Bangladeshrelatively younger people are taking up leadership positions at the UP levels.

5. Institutional capabilities of the Union Parishads in organisation, management andimplementation of development projects are insignificant.

project planning. (Md. Abdul Quddus, Tahamin Banu, Abul Kalam Azad, Training Needs of Thana Level Officers, TheJournal of Rural Development, Vol 25,1, 1995)11 Salahuddin Aminuzzaman, Baseline Survey of UPWARD, Care International – Bangladesh, 1998


42

6. Due to poor managerial , technical and planning skill, most UPs do not have thecapacity to prepare and maintain any annual and or multi-year development plan.

7. UPs have a very weak financial and resource base. Revenue generation particularlythrough tax collection is far low as against target.

8. In the absence of an integrated plan, Field level Development extensionists of both GOand NGOs are working almost completely in isolation without any institutional andfunctional interactions with UP.

9. Different committees of UP are either non-functioning or not even constituted.

10. Most UP members tend to attend the meetings that are related to social interestthan that of development orientation.

11. UP’s role in the Shalish is indirect. Traditional leaders like Matbars, Moral are the keypersons involved in the Shalish. Sometimes the LEBs attend the Shalish on theirindividual capacities.

12. Union Courts are mostly not active because of inadequate number of cases and orlack of its credibility.

13. Distribution of patronage by the local leaders is one of the prime reasons for poorrecovery of local taxes. On the other hand, too much dependence on the governmenthas virtually made the UP an extension of the national government.

14. Because of weak financial and resource base as well as lack of positive orientation,Union Parishads hardly take any initiative on their own to design and implementdevelopment project. With exception to some minor maintenance works, UnionParishads hardly undertake any development project on its own initiative and with localfunds.

15. The perception of UP leaders as far as development is concerned is still confined toroad and road related infrastructure.

16. Scope for community participation in UP affairs is very limited and virtually not inpractice.

17. Expectation of the community from the UP is also minimal.

18. Community members do not have a clear idea about their respective roles andresponsibilities as regards to the UP and its functions nor they are aware of theirrights and privileges.

19. Whatever the level of community participation currently exists is basically characterisedby patron-client relationship between the stakeholders and the UP officials particularlythe Chairmen.

20. Overall community awareness specially among the major stakeholders / customersregarding the role and function of UP is very low and negligible.

21. A significant portion of the UP officials have no clear idea about their own roles andresponsibilities as office bearers of UP.


43

Development ofInstitutional capacity/and accountability of

Union Parishad

Developing awarenessand demand amongthe UP customers/

clients

Utilizing theinstitutional capacityof NGOs as change

agents

22. Due to lack of experience and low educational level, in many cases , the Secretariestend to overshadow the performance of the Chairmen.

23. General awareness of female members of the UP is very low.

VII. Capacity building of Union Parishads : Review of Best Practices

In recent years, quite a number of NGOs largely on grants and assistance from external sources12

have come up to cover almost the entire country. The NGOs programme cover credit and income

generation, skill development, non-formal education, maternity and child health, afforestation,

environment, consciencetisation and even election monitoring and voter's education. Most of the

NGOs are registered under the Society's Act; a few have been incorporated as non-profit making

companies under the Company Act as well.

Given the traditionally weak functioning of the local government bodies vis-a-vis rather

resourceful operation of NGOs and their relative success in the fields of education, health care

and consciencetisation, some seem to like having an idea that NGOs may over years make the

need for local government bodies minimal or even unfelt13.

UP capacity development and 'best practices'Five reputed NGOs namely CARE, International Voluntary Services (IVS), Bangladesh Nari Progoti

Sangha (BNPS), WAVE and Uttaran have been funded for three years project called Democracy

Partnership (DP) by the Asia Foundation (TAF). The project was built around the following

conceptual model:

12 At present 1652 NGOs are registered with NGO Bureau. Such registration is obligatory to receive foreign grants anddonation.13 See Appendix F for detail analysis of the role of NGO in development management in Bangladesh


44

The DP project aims at strengthening the Union Parishad by creating effective demand for

services from the community specially the disadvantaged and vulnerable groups. The project also

aims to train the disadvantaged to make them responsible citizen of the country and facilitate

their active participation in the affairs of Union Parishad which is very much close and related to

their daily life. NGOs for that matter have been considered as the change agents.

DP project was implemented to strengthen the Union Parishad and create a condition for greater

accountability and transparency of the UP officials (i,e. the Chairman, members and Secretary),

ensure better cooperation and institutional relationship between UP and the NGOs. In order to

achieve this goal several interventions were designed and implemented by the partner NGOs.

Such interventions includes: a. awareness building and training of the LEBs and community

members/ stakeholders, b. community mobilization, c. institution building / formation and

support of groups/ associations/ civil society, d. institutional support to UPs like development

planning and office management.

Training and AwarenessTraining and awareness components of the project intervention for all the NGOs have been found

to be effective. Both UP officials and members of the community unequivocally admitted that

such training and awareness have widened their understanding, confidence and overall attitude

towards governance and role of UP and community activities. UP officials and the members of

the community/ stakeholders are now aware of democratic rights and roles and responsibilities

of the UP.

UP Officials Association and networking: This is indeed an attempt to mobilize the UP officials

particularly the Female members. This forum has boosted the morale and self confidence of the

UP members. Networking of the UP members associations has further strengthened the

institutional bondage, image and role of the associations. However the issues and agenda to

address by the for such forum is yet to be properly identified.

Civil Society – UP collaborationIt is one of the weak areas of the achievement of the DP project interventions. Because of

unique socio-cultural conditions and competitive relationship, UP-Civil society collaboration is yet

to emerge. As a matter of fact the concept of civil society in the rural context is still alien.

Community ParticipationUthan Baithak (Courtyard meetings)/ Community mobilization/ Joint Meetings/ Budget sharing

meetings have widened the scope for interaction between the community and the UPs. Such


45

interactions have considerably enhanced the scope of transparency of the Union Parishad.

Community interaction has also compelled the LEBs to take into consideration the hopes and

aspirations of the community while preparing development plans and brought the UP and the

community closer than ever before.

Coordination : The monthly coordination meeting between the UP and local level NGOs and

GOB field functionaries has developed a platform of sharing ideas and mutual problems and

issues. Such meeting has also given the UP an opportunity to put forward the grievances of the

local communities to the GOB functionaries as well as NGOs. The positive effect of the

coordination meetings has already started to surface.

Based on the observations and limited empirical findings, we may draw the following broadconclusions:

• The distance between the UP and the community has reduced. This result has been achievedpartially through the Uthan Baithak/ Awareness training/ Consultative meetings/ budgetsharing meetings etc.

• A system of Coordination between the non-governmental organization and governmentdepartments is emerging.

• The participation of the women LEBs in the UP activities has shown some improvements.There has been a reduction of gender discrimination with regards to female member’sparticipation in UP activities in particular in the PICs.

• Authoritarian control of the UP chairman appears to have reduced. Meetings are held morein a democratic manner with notice and agenda being served in advance.

• Financial practices and office management have slightly improved but not yet properlyorganized and systematically maintained.

• The expectation of the people from the UPs appears to be gradually increasing. The projectinterventions in general have infused some motivation both among the UP officials and thecommunity members.

Lessons learned• Training, and community consultation / courtyard meetings have been vital and contributed

most to the achievement of the project goals.

• Monitoring is a very critical element of the project impact. Higher the monitoring from theNGOs better the performance of the LEBs. Close monitoring from the NGOs concerned hashowever created a dependency syndrome in the UPs.

• Existing Community based organizations (CBOs) did not show much interest about the projectand its interventions. There was no specific attempt to integrate the CBOs in the process ofthe project implementation.


46

• Three year is too short a period to produce any tangible and noticeable impact of the projectinterventions. All participating NGOs categorically noted that the project interventions will notsustain unless it is practiced at least for five years.

• Both LEBs and community members have become very much dependent upon the concernedNGO. Though there is some enthusiasm in UP but almost all activities had to be initiated frombehind by the NGO extension workers.

• Participating UPs tend to have developed a false hope that the project is a prelude of anincoming project with massive investment.

What can be done for futureEmpirical evidences have widely established the fact that the Local Governments in Bangladesh are

structurally and functionally very weak and lack capabilities to design, organize and manage

development programs14. Comparative studies provide evidences of relative superiority of the NGOs

over the Local Governments in project design and management suitable to local conditions of rural

Bangladesh15.

In the context of Bangladesh, and considering the development demands, NGOs can help thelocal bodies in the following areas:

• Development and Operation of Infrastructure: NGOs can help the UP to design and develop locallevel small scale infrastructure projects, operate and maintain infrastructure such as irrigationschemes, conservation of natural resources and environment etc.

• Facilitating Development Communication: NGOs can assist the UP in establishing effectivecommunication with the local level bureaucracy, banking institutions and the functionaries of thedonor agencies to develop programme and projects.

• Technical Assistance and Training : NGOs can also provide technical assistance and training tothe UP in designing projects and its implementation and other areas of institutional capacitybuilding.

In order to take up any future project, the following should be taken into consideration:

• Mere institutional capacity building of the UP would not bring any significant result unless thefinancial capacity of the UP is enhanced.

• There is a strong need for initiating active advocacy component in the future interventions tocreate a supportive and conducive conditions for the UP to ensure its functional autonomy,administrative authority and financial capacity.

• There should be provisions for income generating projects jointly initiated by the UPs andNGOs. This process would facilitate both the UPs and the NGOs in terms of making theformer financially stronger and motivating the latter to adopt a strategy of self-sustainability.

14 Salahuddin Aminuzzaman, " Local Government in Bangladesh : The State of the Art " Asian Profile, Vol.21, No.3, 1993.pp.247-268.

15 Salahuddin Aminuzzaman, “NGOs and the Grassroot Base Local Government in Bangladesh : A Study of theirInstitutional Interactions”, in S. Myllayla (ed), NGO Under Challenge – Dynamics and Drawbacks in Development,Helsinki: Department of International Development Cooperation


47

• The local CBOs should be organized and strengthened and effectively linked with the UPactivities.

BCLG project of UNDPUNDP launched a project Building Capacity for Local Governance (BCLG) in 1997. NILG was

designated as the Government implementing agency for the project. The preparatory phase of

the project was scheduled for completion in February 1999. However, activities under this phase

continued beyond the planned period and were completed in March 2000.

The objective of the BCLG project is to support the NILG and other institutions to coordinate and

provide high quality and relevant training to elected local representatives of Union Parishads and

Pourashavas and other local government representatives. The project focused on a significant

upgradation of the operational and substantive skills needed for the local government institutions

to become dynamic, democratic agent in local governance with an increased capacity to eradicate

poverty and deliver services to constituents justly and equitably.

The activities of the preparatory phase concentrated on:A. Comprehensive Training Needs Assessment.B. Preparation of Training manuals (English and Bangla)C. Draft local government manuals (operations /references) in English and Bangla.D. Training of TrainersE. Draft training manual in Bangla for the Union Parishad Chairmen, Members and Secretaries

and Pourashava Chairmen, Commissioners and key functionaries.F. Workshop on capacity building of NILGG. Workshop on Training Partnership Network (TPN)H. Draft training plan for the implementation of the nation-wide training programme for the

training of UP/PS representatives.I. A comprehensive training plan for the NILG faculty and others under the BCLG project.

Independent Review of BCLGAn Independent Review Team (IRT) was constituted at the end of 1999. The IRT observed that

a number of activities under the preparatory phase were not either initiated or undertaken, while

several additional activities were pursued which were not specified in the project document. The

preparatory phase had a time overrun of 12 months and cost overrun of over 3 crore (45%

more), which would have been much higher if all tasks of the preparatory phase were completed.

The IRT further observed that the preparatory phase failed to establish a sound management

process for the project. The IRT noticed that arrangements together with the technical state of

readiness was insufficient among the various partner training institutions (BARD, RDTI, RDA) to

sustain the project.


48

The IRT therefore recommended that the BCLG project be revised to concentrate on local level

planning (LLP) and resource/social mobilization for poverty alleviation and regeneration of the

rural economy rather than focusing on statutory training. The IRT also recommended the

inclusion of an Action Research component to the BCLG project.

The IRT was highly critical of the achievements of the project through the preparatory phase and

recommended its restructuring. The IRT recommended to revise the BCLG project to concentrate

on local level planning and resource/social mobilization for poverty alleviation and regeneration of

the rural economy.

Thus, the three distinct components of training is suggested in the revised project16:

• Training to inform the elected representatives of their statutory roles and responsibilities sothat capacities of the UPs and PSs are enhanced and transparencies and accountabilities areensured and they become effective organizations for institutionalizing democracy at the grassroots level.

• Training for developing skills of the elected local representatives of the UP for initiating locallevel planning and social mobilization; and

• Training to transformation of the elected representatives of the UP and breakthrough in theirroles so that they become catalytic-leaders for hunger free, self reliant Bangladesh.

UNCDF/ UNDP – Sirajganj ProjectJoint efforts of UNCDF/ UNDP are placed in supporting local government in the district of

Sirajganj. Activities comprise a pilot initiative to improve the coordination of the progamme of

different agencies in the UN family. Furthermore, this initiative is built on the lessons learned

from the Kisorganj project17. The project intends to : a. provide UNCDF investment funds to

deliver small scale rural infrastructure, facilities and basic services in the district, which will have

a direct impact on poverty alleviation and socio-economic development ; b. provide technical

assistance to build the capacity of local government bodies in Sirajganj; c. make experiments

and innovations from which the findings and lessons learned can have influence on the ongoing

local government reform. The project has a national level component in the Monitoring,

Inspection and Evaluation Wing of the Local Government Division of the MLGRD&C.

16 Target beneficiaries of the new proposed project are 4479 UP Chairman, 53,748 UP members (both male an female),4479 UP Secretaries, 3680 Upazila level functionaries, 13437 Union level Government functionaries, 250 PourashavaChairmen, 3000 Pourashava Commissioners.

17 UNDP initiated a rural community empowerment project in the district of Kishorganj. The target group comprises 200villages and the main focus of the project is on poverty alleviation and sustainable human development through theestablishment of self-governing village organisations. Activities comprise providing training to villagers, micro-capital grantassistance and local government support. All activities take place in a participatory manner and with a bottom-upapproach with special emphasis on self-management. Positive experiences have been made from this project, and lessonslearned may be used in other activities.


49

Among bilateral donors USAID has for the past several years been engaged in the support to

local bodies in Bangladesh, particularly through national NGOs, among others CARE

Bangladesh. Activities have mainly been in the area of capacity building and training in local

institutions.

SIDA has supported the District of Greater Faridpur since the early eighties. During early 1999 a

preparatory phase was started for new support to Greater Faridpur focusing on the inter-linkages

between the local economy, local governance and poverty reduction, emphasising development

of the local economy and thereby increase the local tax revenue base. The concept of local

governance in this context encompasses not only the members of local government bodies, but

also actors such as the business community, grassroots groups, NGOs, school teachers and

lawyers. A feasibility study has been completed in March 2000.

A series of both national and international NGOs are involved in the field. Amongst others

CARE Bangladesh and the Khan Foundation, who both work with capacity building and

training of the UP officials. CARE Bangladesh's objective has been to improve popular

participation in local governments and also to contribute to the improvement of the general

performance of the local bodies. This has been particularly so in the BUILD project and the

UPWARD project. CARE Bangladesh's projects have been placed under the integrated food

security programme. The Khan Foundation has carried out training courses for Union Parishad

chairmen and members, particularly women, since 1994. The intention is to cover all Union

Parishads in the country. Training courses are carried out (stretching from 1 to 5 days) and there

is a "monitoring cell" that makes sporadic follow-up of the training provided. No comprehensive

review or evaluation of the activities has been made.

VIII. Features of Char area in Bangladesh18

The word Char in Bengali can be defined as a large, sandy, unconsolidated and amorphous piece

of land emerged in a river through a process of accretion. In general terms, a char may be

described as an island, but when categorised on the basis of location and physical formation,

different types of char can be identified. Any landmass located a little away from a river bank is

known as kuler-char. However, not all the kuler-chars are clearly separated from river banks.

When kuler-chars are attached to river banks, a depression is usually seen between the mainland

and the Char. Such a depression usually becomes a channel during the monsoon. This landmass

18 Discussion in this section is mostly drawn from the study of Professor Abdul Baqee, Chairman, Department ofGeography, University of Dhaka. See Peopling in the Land of Allah Jaane, Power, People and Environment – The Case ofChar Lands of Bangladesh, Dhaka: UPL, 1998


50

almost regularly goes under water during the monsoon. In the dry season, these chars are easily

accessible, but in same cases a channel with knee-deep water has to be crossed to reach the

kuler-char from the mainland. This separating depression in most eases is an abandoned

channel. On the other hand, a midriver island is locally known as duba-char. Access to a Duba-

char is only possible by crossing a water body, even in the dry periods. Duba-chars have the

common characteristic of the central part being relatively higher than the fringes. The deposits in

the centre are usually randy and the peripheral areas are silty. It is to be noted that not all the

duba-chars are suitable for human habitation. Only the larger ones attract habitation.

Smaller duba-chars with catkin grass and other primary vegetation are used only for cattle

grazing.

The flat, alluvial, sandy expanses of the char-lands present a strange landscape as they emerge

from heavy accretion of silt and sedimentation mid-stream after prolonged river erosion. At first

these tracts of sand and silt are sterile, as the deposition of organic materials is relatively thin,

and therefore, the entire landscape has a barren look. After heavy floods, these tracts come

under regular sedimentation which allows crops to grow, thereby attracting human habitation.

The settlements are located on lands raised by earthwork, generally forming a linear pattern.

During the floods, the settlements look like green lines floating along the margins of the silver

grey water surface. There have been regular shifts in char-land settlements because of the

uncertainties of river behaviour. There is no telling when the girdles of the rivers all around

would rise and maroon the settlers, sweeping away everything. Moreover, there are the natural

calamities and climatic hazards which plague the open and flat char-lands, exposed as they are

to the ravages of cyclones and fearful floods.

The people of the char-lands are vulnerable to natural hazards. Among the natural hazards,

flooding is the most common and occurs with unfailing regularity. Floods bring in their wake silt

that enhances soil fertility. On the other hand, the floods are a curse that takes a heavy toll in

terms of shelter, food, health and lives. Agriculture in the char areas, therefore, is both

dependent on and vulnerable to floods. Floods may bring good fortune if the timing, duration and

magnitude happen to synchronise with the cycle of agricultural activities; if not, the floods would

wash away the entire yield of crops in one fell swoop.

In the dry season, the environment of a newly emerging char is hot and sweltering, with hardly

any vegetation- Only patches of sand and silt are seen and the dry, steady wind blows

constantly. The whole landscape presents a dusty look. The horizon tends to fade beyond a

thickwall of dust causing poor visibility. But this daunting landscape does not deter people from

putting up a desperate fight against the hostile conditions in order to make a living. It is really a


51

grim and dismal picture, but the char dwellers cling to the soil for survival. They do not have any

alternative but to live with the hazardous environment.

Baqee noted “ God alone knows about the genesis, growth and decay of the char dwellers and

their settlements. How many times in a century have the settlements collapsed and homes and

lands eroded away only to emerge again down the rivers. How many times have men witnessed

the shifting ... along with it the migrating people with all their earthly belongings...”

Char land management

Soon after the independence of Bangladesh, Presidential Order No. 135, was introduced in 1972

to rehabilitate the landless19. It clearly indicated that all newly emerged lands, previously lost by

Diluvion, should be restored to the government and not to the original owner. Thus all newly

formed lands were considered to be khash land i.e. government land. This order was meant to

recover char-lands from the powerful local elite and to redistribute these among landless farmers.

P.O. 135 also laid down the principles as to whom the khash-land could be offered:

a. preference was to be given to families affected by Diluvion but families with land exceeding25 bighas were to be excluded;

b. the total quantity of land held by such a person or his family before loss by diluvion,whichever is less.

The Act, although it indicated that preference would be given to victims of erosion, was not

strictly followed. The government framed laws to prevent the local elite from laying their hands

on newly emerged char-lands, but eventually very few poor farmers could derive any benefit

from such lands. There were difficulties in implementing laws favouring peasants in remote parts

of the country, delay in surveys by the Land Revenue Department, slow accretion of viable

agricultural land and also land related violence. As a result, seldom did the poor peasants gain

their rightful share of land in the newly emerged char; rather, the use of force, dispossession,

murder, rape and crop robbery have became the local practice.

In the context of the malpractices, the Ministry of Land Administration and Land Revenue

reviewed the earlier arrangement for settlement of char lands (vide their Memo No. 96 (36) V-

177177-LS) as mentioned in P.O. 135/72 and issued further instructions. It stated that in many

cases diluviated land owners faced difficulties and harassment in obtaining settlement in the

reformed lands and, therefore, whenever any diluviated land reappeared, prompt action should

be taken to ascertain its past ownership and, thereafter, the process of settlement of the original

owners or their successors should be taken up according to the provisions of the law, as soon as


52

possible, so that the re-formed land did not remain unsettled and invite forcible possession by

ineligible persons defeating the purpose of the law. Such settlement of the original owners or

their successors should be made on realization of a nominal salami equivalent to 4 years back

rent/land development tax.

The social life is dominated by a group--the matbar and his henchmen. Standard rules and law

has less impact ion the lives of the char people, partly because the conventional law enforcing

agencies hardly take chars into account and also because of remoteness along with poor

communication to the Charland.

Land is, apart from being the most important economic resource, the symbol of power and

influence. In the rural context, when people get rich they usually invest in more land to acquire

power and prestige. To control land, i.e. to be in a position to give access to other people to

cultivate it, either as sharecroppers or as day labourers, is the means of directly influencing

society. In the simplest terms, the rich are the elite- a member of the elite is one who has

command over resources and labour, and is thus able to holds way as the arbiter of the scheme

of things in his areas of operation.

In rural area, particularly in the char-lands many of the development schemes cannot be carried

out if there are seen by the local power structure as contrary to its interests 20. The local elite

obstructs all attempts at creating new forms of organisations and institutions meant to benefit

the rural population as a whole or the poorer section of the rural population. In rural Bangladesh

power is rooted in and exercised through two kinds of relationships: a. Gushti-based (kinship)

relationships; and b. Property-based relationships.

In the traditional Bengali society gushti in of paramount importance. Gushti-based society still

has a strong footing. Not only does the gushti network operate in the employment sector, it is

equally, if not more, influential in all matters bearing an the establishment of justice and

equilibrium in society.

The economic relationships among the char people may be as follows: a. landowner-

sharecropper; b landowner-day-labourer, and c. buyer-seller.

19 S.A. Naqi, Rural Bangladesh : Reflections on the Nature of Development Programmes, A.K.Nazmul KarimCommemorative Volume, Department of Sociology, University of Dhaka, 1984.20 M.I. Khan, “Power and Location : The Example of Flood Shelters in Chilmari” Master’s Thesis, Department ofGeography, University of Dhaka: 1988.


53

For the elite, maintaining a better and well secured position in society calls for mastery of the

difficult art of manipulation. In this connection the use of aains (officials who use public

authority) is the most common, together with the physical might and trickery that are resorted to

very often in the char lands.

Power relations of the local elite of the in the Char areas like the plain land is also maintained on

the basis of :

a. connections with the local level administration;

b. ability to use physical threat and economic sanctions; and

c. covert embargo in the local employment market

A combination of the above three features probably characterises most backward areas,

especially the char society.

Most of the development programmes in the Char area is executed through the Union Parishads.

The interest groups or elite not only use the Union Parishads but also establish contacts with the

bureaucracy as an additional means to exercise social control From the bureaucratic end,

collaboration is sought from those who have a better education and command a certain status in

the village. Studies have documented that resource allocation or any other strategies of rural

development cannot be carried out because of the local power structure (Khan: 1988).

Observations suggest that in the name of participation, the local elite stand in the way of

development schemer

Contact with the local bureaucracy and the administration is the key element that the char elite

tend to maintain very consciously. Such contacts are crucial as there help them to formalise land

documents and maintain social control. The peasants are left with no option but to maintain

contacts with and seek favour of the power elite.

The power elite (matbars) provides them with land for homestead and financial support and

employment. In char land, acquisition and maintenance of power depend on (Baqee,1998):

a. direct or indirect control of cultivable lands;

b. maintaining strong and organized muscleman and dependents

c. links with the local administration


54

Diagram below presents the dynamics of power bases in Charland as presented by Baqee (1998)

Figure 1: Dynamics of Power Bases in the Charlands

Source: Baqee 1998, p.46

Political-bureaucratic relationships and power basesThere is a noticeable psycho-social difference between the rural populace of mainland

Bangladesh and that of the char-lands in the riverine areas. The char dwellers psychological

make-up and way of life are influenced by their relentless struggle for mere existence, an

existence for which they have to combat the forces of nature and man at every step. Some

researcher observed a marked streak of cruelty in their character, due, perhaps, to the

Power

is based upon

Physical force Connections Control overSamaj

Kins &

NeighboursMuscleman Local

Administration(Revenue)

Thana &Court

UP & formalbodies

Informalbodies

is used through

Ties with peasants

Economic tiesSocial bondage

Not imposed

but obligatory

Obligatory

and imposed

Wage labouerer Credit/Loan SharecropperBlood realtions Neighbours

Physicaldominance

Assualt

Removal


55

hazardous and unstable lives they lead. Added to this is the fierce competition which constantly

rages among the chardwellers for possession of land and resources. particularly among

contending elite and their supporters and henchmen. The local power structure is characterised

by the hostilities of contending parties. One group of tile elite dominates a section of the

chardwellers on the strength of the wealth. The other group exerts power through blood-

relations and other relations formed by matrimony and tradition.

GOB Development Projects for the Char AreaWhile reviewing the Fifth Five Year Plan (FFYP) this consultant could not trace any specific

program on Char development. LGED has undertaken a project called Char Development Project

covering five Upazila namely: Modhupur, Trishal, Itna, Pirgacha and Haripur. The ADP allocation

for the financial year 1999-2000 is only Tk.96,788.

However there are some sporadic mentions in the FFYP. For example the one of the objectives of

the forestry sub-sector during the five year plan period “is to develop people oriented

programmes covering forestry on marginal lands, char lands, road sides, etc”. Similarly

Bangladesh National Conservation plan noted that “in order to stop the cropping on fragile char

land under the Fifth Plan, 7,000 ha. of char land will also be planted under the Forestry Sector

Project”. Accordingly an amount of Tk 195 million has been ear marked for Reed land, wetland

and charland plantation. One of the major objectives of the social welfare programmes during

the FFYP is “to rehabilitate families affected by cyclone, river erosion21, devastating flood and

fire”. However none of these planned programme has any indication of involving the local

government.

Features of Char land of KurigramFollowing general observations on local governance are drawn by the consultant on the basis of

his short field visits to some of the char lands of Kurigram.

• UPs act as a symbolic organization with out having visible interventions and programmes tocater the needs and priorities of the char dwellers.

• Char people see UP more as an institution for “distribution of VGD cards” than a participatorydevelopment organisation. Char people do not have any confidence on the abilities andsincerity of the UP and its leadership.

21 Satellite image studies of the Ganges-Brahmaputra-Meghna rivers show that 106,300 ha were lost to erosion, whileonly 19,300 ha were accreted over the period 1982-92. The net area of 87,000 ha lost to erosion is equivalent to anannual erosion rate of 8,700 ha. Most of it is agricultural land. A study showed that out of the total population of 1.88million living in the Brahmaputra floodplains, 450,000 live within the banklines or reverine chars and the remainderwithin a kilometre of the river. Over the period 1980-92, land capable of supporting 405,000 people was eroded andnew char land created from the eroded sediment could only support 55,000 people causing a net displacement of350,000 people.


56

• UP leaders specially the Chairmen of the Char land usually live in the nearby town. It is alsotrue for other well off char dwellers. They all tend to live in the nearby towns.

• UP Chairmen acknowledged that they do not put pressure on the GoB extension workersknowing fully well that they do not have transport facilities and or allowances to cover theremote char lands.

• Except for natural disasters like severe flood and cyclone, GOB officials (UNO or otherofficials of the national government) hardly visit any char areas.

• Basic social services like education and health are almost non-existent. GoB supportedprimary school teachers do not stay at the Char areas. They hire proxy teachers to takeclasses for them.

• GOB extension staff ( agricultural. livestock, fisheries) hardly visit the char areas bothbecause of negligence and also lack of adequate transport facilities.

• All these have resulted in a very low level of expectation and faith on government by thechar dwellers.

• Access to Char areas is extremely difficult and time consuming. It is also risky during the fullmonsoon period.

• River erosion has significant economic and social impacts on the area. The loss of land, crops

and property has led to landlessness and impoverishment of thousands of households.

• Law and order in the Kurigram Char area is relatively better compared to the mainland andalso other char areas of Bangladesh.

• Due to serious push factors, a large number of male population of the char land are migrantlabourers.

• Extreme level of poverty has made the char land people fatalist in their approach. They havelow morale and are always uncertain about their future.

• Voting turn out rate to the national election in the char areas are also poor compared to themain land.

• The elected MP has hardly visited their constituencies after being elected. Unlike mainland,the major political parties do not have permanent offices in the char lands. However when aruling party leader visits (most rarely) a makeshift office is erected in the charland.

• As a matter of fact char lands are neither vertically nor horizontally linked with theadministrative and political structures. There is hardly any indication of the formation of a so-called civil society. Though the NGOs have formed a good number of groups, these howeverwork more as a “credit club” than an effective social institutions.

Following table shows some of the basic social indicators of the different Upazila of Kurigram

districts. The overall picture indicates a very passive picture. A further disaggregated data would

show even more grave picture on the livelihood of Char areas of Kurigram.


57

Table 5: Selected development indicators of Kurigram district

UPAZILA Area Sq.miles

No ofHousehold

(HH)

Literacy%

% of HH withTubewell

% of HH withSanitary latrine

Char Rajibpur 111.03 11124 16.4 0.970 0.02Chilmari 224.97 20129 23.7 0.883 0.06Phulbari 163.63 25236 24.0 0.886 0.06Kurigram 276.45 40310 26.2 0.876 0.08Nagesshori 415.80 51889 19.4 0.864 0.04Rajarhat 166.23 27357 27.1 0.848 0.05Roumari 197.80 26065 16.5 0.864 0.03Ulipur 504.19 63216 23.9 0.840 0.07

Source: BBS Data (1990 census)

Resource Allocation (ADP 1999-2000) to Selected GOB Agencies at different Upazilas of Kurigram

are shown in table below:

Table 6: Development Allocations to different Upazila of Kurigram district

Upazila BlockGrant

Other LGGrant

Fisheries &Livestock

Health & FP Mass & PrimaryEduc

Total ADPAllocation

Bhurungamari 4,931,883 1,618,650 23,116 6,061,739 3,190,422 16,687,366

Chilmari 4,225,180 1,379,762 32,019 3,892,433 1,641,257 12,429,695

Nagesshori 5,983,899 3,284,612 34,522 9,478,457 7,049,721 27,00,7670

Phulbari 4,592,277 1,115,345 32,801 5,095,802 4,864,969 38,995,185

Rajarhat 4,932,549 1,104,814 75,939 5,220,360 5,342,183 17,786,463

Rajibpur 3,624,486 634,325 32,178 1,766,339 1,524,555 26,658,003

Roumari 4,228,559 1,017,683 33,409 3,545,117 4,842,862 14,544,725

Ulipur 12,014,183 1,609,484 - 12,300,922 9,698,382 37,886,197

Total 44,533,016 11,764,675 263,984 47,361,169 38,154,351 191,995,304

Except for the Block grants, UP officials (Chairmen, members and Secretary) have no idea how

and where these sectoral GOB allocations are used. UP officials are not even consulted in the

process selecting the line ministry projects.

Stakeholders of the proposed projectOther than the direct beneficiaries of the projects, it is indeed difficult to identify the stakeholders of the

project. However considering the nature of the project it appears that at the national level following

ministries and departments could be the stakeholders:

a. Planning Commissionb. Ministry of Local Government, Rural Development & Cooperativesc. Ministry of Relief and Disaster Managementd. Ministry of Social Worke. Ministry of Women and Children Affairsf. Ministry of Youthg. Water Development Board


58

h. Ministry of Landi. Ministry of Agriculturej. Ministry of Fisheries and Livestock

At the sub-national level (district) all the field based officials of these agencies could be the active

stakeholders of the proposed project.

At the local level selected GOB officials can play active and critical role in the project. Theseinclude:

a. Upazila Nirbahi Officerb. Assistant Commissioner (Land)c. Upazila Rural Development Officerd. Upazila Engineere. Project Implementation Officerf. Upazila Youth Development Officerg. Upazila Social Welfare Officerh. Upazila Education officer

At the community level the major stakeholders are:a. Direct beneficiaries – Char dwellersb. Union Parishadsc. Community based organziationsd. NGOse. NGO Coalitions at the local level (Upazila based)f. Block Supervisorg. Primary School teachersh. Family Planning Assistanti. BRDB field workers

Key GOB Officials working at the District level and Upazila level

Name of the Office District level UpazilaDeputy Commissioners Office Deputy Commissioner Upazila Nirbahi OfficerAccounts District Account officer Upazila Accounts OfficerAgriculture Deputy Director Upazila Agriculture Officer,Ansar & VDP District AdjutantAnti Corruption District Anti-Corruption OfficerChildren Affairs (Shishu Academy) District Organizer Cooperative District Cooperative Officer Upazila Cooperative OfficerElection District Election OfficerFamily Planning Deputy Director Upazila Family Planning OfficerFire Service & Civil Defense Assistant DirectorFisheries District Fisheries Officer Upazila Fisheries OfficerFood District Controller Upazila Food InspectorHealth Civil Surgeon Upazila Health & FP OfficerHousing & Settlement Executive EngineerIndustries InspectorInformation District Information OfficerJudiciary District & Sessions JudgeLabour Deputy DirectorLGED Executive Engineer Upazila EngineerLivestock District Live Stock Officer Upazila Livestock OfficerLand District Sub-RegistrarManpower & Training Assistant Director


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Marketing District Marketing OfficerPolice Superintendent of Police Officer in ChargePostal SuperintendentPower Development Executive EngineerPrimary Education District Primary Education Officer Upazila Education OfficerPublic Health Engineering Executive EngineerPublic Works Executive EngineerRegistration District RegistrarRelief & Disaster Management District Relief Officer Project Implementation OfficerRoads & Highways Executive EngineerRural Development Board Project Director Upazila Rural Development OfficerSavings Assistant DirectorSecondary Education District Education OfficerSmall & Cottage Industries Deputy General ManagerSocial Welfare Assistant Director Upazila Social Welfare OfficerTelephone & Telegraph Divisional Engineer/ Asst. EngineerWater Development Executive EngineerWomen Affairs Deputy DirectorYouth Development Deputy Director Upazila Youth Development Officer

Union level GOB staff

There are also a number of GOB officials working at the Union level. The matrix below presents the

detail list:

Department/ Office Name of the Position StatusUnion Parishad Secretary

Village Police

Class III

Class IVAgricultural Extension Block Supervisor Class IIIHealth Directorate Health Assistant Class IIIFamily Planning Welfare Assistant

Family Welfare VisitorClass III

Primary Education Primary School Teachers Class IIIAnser /VDP Team leader and

membersClass IV(not regular staff)

Fisheries Field Staff for two tothree Unions

Class III

Cooperative Field Staff assigned fortwo to three Unions

Class III

Public Health Field Staff assigned fortwo to three Unions

Class III

Livestock Field Staff assigned fortwo to three Unions

Class III

BRDB Field Staff assigned fortwo to three Unions

Class III

Revenue Tahsildar for a numberof Union

Class III

National NGOs Working in the Char area of Rangpur, Kurigram and Gaibandha.Based on the secondary sources we have compiled a list of 85 national NGOs working in the

Rangpur, Kurigram and Gaibandha belt. Of which 55 are ADAB members while 30 are not


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members of ADAB. In addition there are at least 4 International NGOs working in the area. Table

below shows the distribution of the name of the NGOs and their major programme interventions.

programmeName1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20

Aesho Desh Gori 3 3 3 3 3

Arter Asha 3 3 3 3

Assistance for Social Organization anddevelopment

3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3

Association For Integrated DevelopmentComilla

3 3 3 3 3

Bangladesh Development ServiceCentre

3 3 3 3 3 3

Bangladesh Northern EvangelicalLutheran Church Dev. Foundation

3 3 3 3 3 3 3 3 3 3

BRAC 3 3 3 3 3 3 3 3 3 3 3

Bangladesh Rural ImprovementFoundation

3 3 3 3 3 3 3 3 3 3 3 3 3 3

Community Development Library 3 3 3 3 3 3 3 3 3 3 3 3

Debi Chowdhury Polli Unnayan Kendra 3 3 3 3

Development Idea Sharing Agency 3 3 3 3 3 3 3 3 3 3 3

Dhaka Ahasania Mission 3 3 3 3 3 3 3 3 3 3 3 3 3 3

Eco- social Development Organization 3 3 3 3 3 3 3 3 3

Esho Kaj Kari 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3

Family planning Association ofBangladesh

3 3 3 3 3 3 3 3

Gana Unnayan Kendra 3 3 3 3 3 3 3 3

gono Chetona 3 3 3 3 3 3 3 3 3 3 3

Gono Kallyan Swabolambi Sanghtha 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3

Gram Bikash Kendra 3 3 3 3 3 3 3 3 3 3 3 3 3 3

Gram Bikash Sangstha 3 3 3 3 3 3 3 3 3 3 3 3

Gram Unnayan Kendra 3 3 3 3 3 3Gram unnayan O Dustho Seba Kendra *HEED Bangladesh 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3

Jubok Samity 3 3 3 3 3 3 3

Kajer Dak 3 3 3 3 3 3 3 3 3 3 3 3

Life- Bangladesh 3 3 3 3

Manab Kallayan Parishad 3 3 3 3 3 3 3 3 3 3 3 3 3

Manob Kallayan Swabolombi Songstha 3 3 3 3 3 3 3 3 3 3 3

MENNONITE Central Committee 3 3 3 3 3 3 3 3 3 3 3

NGO Forum FOR Drinking Water Supplyand Sanitation

3 3 3 3 3 3

Nijera Kori *Palli Karma Shaayak Sangtha 3 3 3 3 3 3 3 3 3 3 3

Pochim Guriadha Kallayan Sangatton 3 3 3

PROSHIKA 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3

Ramnathapur Bahumukhi NabayanShangha

3 3 3 3 3 3 3 3

Rangpur Dinajpur Rural Service 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3

Rangpur Unnayan Samajik Sangstha *Rostomabad Mahila Unnayan Samity 3 3 3 3 3 3 3 3

Rural Society Development Association *Samaj Kallayan Sangstha 3 3 3 3 3 3 3 3 3 3 3 3 3

Samaj Unnayan Samity 3 3 3 3 3 3 3 3 3 3 3 3 3

Samakal Samaj Unnayan Sangstha *Save The Children Fund 3 3 3 3 3Save THE Genesis 3 3 3 3 3 3 3Sinnomul Bahumukhi Samity 3 3 3 3 3

Society For the care & education of theMentally Retraded

*

SOLIDARITY 3 3 3 3 3 3 3 3 3 3 3 3 3 3Surja Shikha 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3Tabakpur Samaj Kallayan Samity 3 3 3 3 3 3 3 3 3

Thengamara Mohilla Sabuj Sangha 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3

Udayan Swabolambe Sangstha 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3

Unnata Paribar Gatham Mohilla Sangtha 3

Unnayan Shaojology Team 3 3 3 3 3 3 3 3 3 3 3 3 3 3

ZIBIKA 3 3 3 3 3 3 3 3 3 3 3 3 31 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20

* Information not available


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Abbreviations:§ Adolescent children 1 Adult education/mass literacy 2§ Advocacy and lobbying 3 Arsenic 4§ Child education 5 Micro Credit 6§ Disabled 7 Disaster pre and management 8§ Fisheries 9 Gender and development 10§ Health and nutrition 11 Housing 12§ Human Right 13 Infrastructure development 14§ MCH and family planning 15 Non- formal education 16§ Poultry 17 Training 18§ Water and sanitation 19 Women development 20

Non ADAB Members* ( Activities of non-ADAB members are not available)

Name of the NGOs District

Alor Sandhan Samaj Sangothon Kurigram

Association For Social Advancement Rangpur, Gaibandha

Bachorati Dusto Mohila Kallayan Samity Gaibandha

Bangladesh Development Partnership Centre Rangpur

Bangladesh Rural Development Cooperation Kurigram

Bazarpara Uttaran ShatuSangha Gaibandha

Bekar Garib Kalyan Shangstha Gaibandha

Family Planning Services and Training Centre Kurigram

Fatema Sangatha Gaibandha

Human Right Development Centre Rangpur

International Development Enterprises Rangpur

Johnson Family Planning Gaibandha

KANDARI Gaibandha

Karmir Hath Gaibandha

Mukti Shebha Shangstha Bogra

Nijera Shikhi Rangpur, Kurigram

PADAKHEP Gaibandha

PEKS Eye Hospital Gaibandha

Poor People Research and Development programme Rangpur, Kurigram

PROVATI Sangsad Gaibandha

Rehabilitation Society For Distressed Family Gaibandha

Samaj Unnayan Sangtha Kurigram

Science and Mass education Rangpur

Shishu Sasthya Foundation Bangladesh Gaibandha

Social Advancement & Rehabilitation Programme Gaibandha

Social Marketing Company Rangpur

Tader Sathi Sangthad Kurigram

Village Service Organization Rangpur

Working Children's Educational and Rehabilitation Programme Rangpur

* Information on programme intervention not available


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International NGO

Name Major Programmes

Care International Bangladesh 1, 3, 4,8,9,11,14,18,19,20

Plan International 6,10,11,13,14,16,17,18,19

International Voluntary Services 1,2,3,4,7,10,16,20

Korea development Association Bangladesh 1,10,11,15

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